Joint Commission on Economic Development-9/12/2021

Paul Ziemkiewicz, Director of the Water Research Institute at WVU, laid out a proposal to the committee suggesting that West Virginia’s long-standing acid mine draining problem, could be solved, at least in part, with a long-term economic driver.

The institute is assessing the feasibility of scaling up acid mine drainage treatment technology to support a nationwide supply chain of valuable rare earth elements and critical minerals.

Ziemkiewicz said the goal is for the ability, not only to treat acid mine drainage and see the environmental improvements but also have a revenue stream coming back into the state. The institute is trying to treat acid mine drainage before it gets into rivers and streams while making money in the meantime.

He encouraged the commission to pass draft legislation that the Water Research Institute is developing with the state Department of Environmental Protection to clarify who owns the resources resulting from treated acid mine drainage. Acid mine drainage forms when pyrite is exposed and reacts with water and air to form sulfuric acid and dissolved iron, which can form the orange and red sediments in the bottom of streams.

The institute was awarded a $5 million grant in 2019 by the federal Department of Energy to scale up recovery of rare earth elements from acid mine drainage sludge. The work includes the construction of a facility at a new acid mine drainage treatment plant near Mount Storm.

“We’re working on a process to basically take your small acid mine drainage treatment systems and turn those into rare earth recovery units,” Ziemkiewicz said.

The acid mine drainage treatment plant is under construction and was initially scheduled to begin operations by November. The pandemic has delayed the delivery of needed materials and pushed the tentative completion date to January 2022.

The facility could treat 1,000 gallons of acid mine drainage daily. Nonvaluable solids removed during the clarification process would be pumped into storage plants, while valuable rare earth elements would be separated for further processing. The treated acid mine drainage then would be directed to the receiving stream.

Ziemkiewicz explained that rare earth elements are a group of 17 metallic elements whose magnetic, electrochemical, and other properties make them key components of cellphones, televisions, computer hard drives, and other electronic devices as well as defense applications, including lasers and radar, and sonar systems.

With the U.S. currently focusing on the rare earths market, Ziemkiewicz said, the time is now for such projects.

“We certainly want to have the central concentrate for the whole United States and hopefully central Canada and then this would be our major supply of rare earth elements and critical minerals for the United States,” Ziemkiewicz said. “It may sound grandiose, but what the heck? Think big, realize big.”

Legislative Oversight Commission on Workforce Investment for Economic Development-9/12/2021

The committee heard encouraging news during the meeting, as the unemployment rate and employment figures in West Virginia continue to recover from the coronavirus pandemic.

July’s (most recently available figure) unemployment rate in the state sat at 5 percent, below the current national rate of 5.2 percent. That figure is slightly down from 5.1 percent in June and significantly down from 6.1 percent in May. The state’s unemployment rate reached a high of 9.5 percent in July 2020, when large sectors of the economy were shut down in response to the pandemic.

Addressing the committee, Scott Adkins, the acting director of Workforce West Virginia, noted that the economy hasn’t bounced back yet but said recovery is coming.

West Virginia’s overall employment numbers have also been improving. The state listed 764,000 employed in July. That was up from 761,600 in June and from 751,000 employed in May. Last January, when West Virginia’s covid surge was at its previous height, only 727,900 were employed.

Adkins noted that West Virginia’s workforce participation rate remained last in the nation at 55.2 percent. That is up from the recent low of 53.2 percent in April 2020, as the pandemic took hold and much of the economy shut down. In February 2020, before the pandemic, West Virginia’s workforce participation was at 55.7 percent.

Joint Committee on Health 9/12/2021

In September, members of the Joint Committee on Health heard a discussion on sober living home reforms.

Committee members heard testimony from Parkersburg Mayor Tom Joyce about the city’s moratorium on residential recovery facilities. The Parkersburg City Council voted 8-1 in July to prevent additional facilities from setting up within city limits.

Members were told that Parkersburg has 206 beds which were located within city limits — accounting for 19 percent of all licensed substance abuse treatment beds in the state. Wood County alone has 281, which account for 25 percent of licenses treatment beds in the state.

The mayor further stated that more than $6.6 million has been spent since 2017 for infrastructure, rehabilitation, and physical space for three residential treatment facilities.

Mayor Joyce said since 2017, overdose deaths in the city increased 174 percent, failure to appear warrants increased 422 percent, shoplifting increased 52 percent, trespassing charges increased 36 percent, and vacant structure fires increased 400 percent since the number of treatment beds increased.

The mayor indicated the increase is due to a lack of facility procedures. He stated that when it comes time to leave treatment or if someone is kicked out, they often become part of the city’s homeless population.

House Bill 2459, passed in 2017, exempted the construction and development of drug and alcohol treatment facilities from certificate of need laws. These facilities are also exempt from municipal zoning laws due to substance abuse being classified as a disability. Joyce told the committee that he would like to see residential treatment facilities be put back under the certificate of need rules.

Substance abuse treatment facilities in West Virginia are regulated through the Department of Health and Human Resources’ Office of Health Facility Licensure & Certification.

Committee members also heard from Al Johnson, chief assistant state attorney for Palm Beach County, Florida. Johnson was the leader of a task force that dealt with the growth of unregulated sober houses — homes where a group of individuals live in alcohol and drug-free environments after leaving substance abuse treatment, learning to stay sober, and transition back into society.

In 2017, Florida’s legislature passed a law putting additional regulations on sober homes, requiring background checks for owners and staff of residential addiction recovery organizations, making it a crime to use third parties to find patients for their homes (patient brokering) and criminalizes kickbacks.

Johnson told the committee that his task force found that some sober homes took payments for referrals to treatment centers, bilking insurance companies, and state and federal programs for the costs of drug testing and other services.

West Virginia also passed legislation in 2019 creating a voluntary certification process for recovery residences through organizations, such as the National Alliance for Recovery Residences. Facilities are required to be certified by a third party before being eligible for state funding. The law also prohibits any facility from advertising itself as a certified recovery residence without third-party certification.

Also during the meeting, the committee heard from advocates regarding how best to take advantage of the federal American Rescue Plan to make long-lasting changes to the state’s struggling early childhood education system.

According to Dr. Jamie Jeffrey, a pediatrician and associate clinical professor of pediatrics, WVU-Charleston, and early childhood education advocate, currently, 64 percent of West Virginians live in a child-care desert. Dr. Jeffrey and other advocates testified to the Joint Committee on Health on Sunday, providing recommendations from the “Survive COVID and Thrive Tomorrow Child Care Policy Group.”

For those who do have access to childcare, the average cost for one child for a year is more than the average cost of tuition at West Virginia University. The American Rescue Plan, signed into law March 11, appropriated funding for childcare through three funding streams: two pools of one-time supplemental and stability funds, and a new permanent fund. West Virginia is set to receive more than $260 million.

The coalition has five main recommendations.

First, support families by raising the income eligibility to receive child-care subsidies.

Second, the coalition suggests paying child-care providers based on children’s enrollment versus daily attendance.

Currently, most providers are paid only if a child attends. That means if a child is sick, the center gets no payment, but the teacher in the classroom still goes to work and needs to get paid.

This goes in line with providing more support for higher salaries for child-care workers. The average child-care worker is paid $10 an hour, which is a hard sell for most employees, but especially those with early childhood education bachelor’s degrees.

The coalition also wants to incentivize higher tiers of service provided and provide funds to expand existing facilities and build new ones.

Joint Committee on Flooding 9/12/2021

The Committee heard updates from HUD about several programs including Bridge Home Program and Multifamily Housing Program. The Bridge Home Program helps reconstruct or rehabilitate privately owned bridges that provide access to a primary residence. Top priority is given to citizens who are being severed by the WV Housing restoration program. The program will construct 42 bridges once the final 13 are completed. The program has a remaining $3.5 million in the budget to complete projects.

The Multifamily Housing Program provides housing to vulnerable households by offering to repair rental housing or construct new multifamily rental housing developments in the four Most Impacted and Distressed (MID) disaster declared counties. Those counties are Clay, Greenbrier, Kanawha, and Nicholas. Three projects with 127 multifamily rental units are being completed and two projects have received authorization to use grant funds.

An analysis of the impact that hazards have on the State serves as a data-driven basis for mitigation program decisions. There are three main areas of focus: Infrastructure Needs, Critical Facilities, and Planning.

Another program the committee heard about is the RISE Demo Program. This program helps structures damaged in the June 2016 flood disaster. The structures must be vacated and in one of the 12 disaster counties. Of the program funds, 80% must go to one of the four MID counties, and 20% is spent in the Fayette, Jackson, Monroe, Lincoln, Pocahontas, Roane, Summers, and Webster.

The RISE program is not a program to replace any damaged home, an acquisition program, or a FEMA program. Also, counties and municipalities cannot address blighted structures through the RISE Program unless they are the owner of the structure. RISE cases may be closed for several reasons, including the owner didn’t submit an application, unresolved issues and liens, the property has a deed of trust and probate.

Moving forward, the program has 46 more demolition projects. With the current budget, the total completed projects will be 72 demolitions. The total funding for the program is $5.8 million. As of August 31, 2021, $3.5 million had been spent. The remaining funds have been committed to the remaining 14 projects.

HUD monitors CDBG-DR RISE WV and it found there was duplication of benefit analysis was not conducted by the WVNG and applicants did not sign the subrogation contract. Another concern was that the damage verification forms were not tied back to the June 2016 disaster with one defined officer signing off. Moving forward the department plans to address these issues. The department also requested a reallocation of $1 million.

The committee also heard from the State Resilience Office. The office has experienced a transition as the deputy director became the director. The office is looking to hire a deputy. The office continues to have monthly calls for information sharing. The office has several projects going on.

Joint Legislative Oversight Committee on DOT Accountability 9/12/2021

The Committee heard from the Department of Transportation. The DMV has more functions than just motor vehicle functions. Some of those include insurance, child support, and education.

During the COVID-19 shutdown, appointments were available at the DMV. Some offices have continued to offer appointments to benefit customers. While others do not have an appointment, they have made the decision not to because they can see more customers without appointments.

The DMV is working on an updated version of the website and offering more online services. They are hoping to offer more digital items, including paperless titles, mobile registration cards, and mobile driver’s licenses.

The Parkways Authority handles the WV Turnpike Maintenance including tolls, detachments, welcome center, and more. The summer traffic update between Memorial Day and Labor Day is 2% higher than in the summer of 2019. The tolls had 12.4 million transactions.

Construction continues several parts of I-64. The Beckley barrier walls are set to come down in late September, ahead of schedule. There will be new signage and the area will be well lit and widened.

Parkways plans to have system upgrades for the tolls, which included CCS and possibly third-party applications “pay to play.” There will also be license plate cameras in all lanes, which will allow tolls to be opened for an hour or two and then bills to be sent to people who come through. The hope is that this will reduce no pay violations.

Joint Legislative Oversight Commission on State Water Resources/Select Committee on Infrastructure 9/12/2021

The committee heard from the Public Service Commission and the Water Development Authority. Lack of water and sewer is a major issue in several areas of West Virginia. The PSC is hoping to expand services to underserved areas. The PSC wants to consolidate smaller utilities to help provide more services to those areas. The Water Development Authority deals with more than water.

Select Committee on PEA, Seniors, Long Term Care 09/13/2021

The Committee heard from the Public Employees Insurance Agency during Monday’s meeting. PEIA insures 170,000 active employees or dependents and 63,000 retirees or dependents. Most insured individuals are state employees, employees of county boards of education, or higher education employees.

The agency provided a financial overview. Active employee expenses total $720,000,000 with $582,000,000 being used for state fund employees and $138,000,000 for non-state agencies. Retiree expenses total $213,000,000.

Joint Standing Committee on the Judiciary 09/13/2021

The Committee heard a presentation on data relating to bail bond reform. The Division of Corrections and Rehabilitation presented. According to the WVDCR, 48 percent of inmates are arrested after hours, while 27 percent are arrested during normal business hours and 25 percent are arrested on the weekend. The length of stay for inmates released on bond in July and August of 2021 was 3 days for non-violent offenders and 4 days for violent offenders.

The agency is making strides to use video hearings. Before COVID-19, Polycom video conferencing units were only used to conduct arraignments and parole hearings with trials being handle through inmate transports. Since the COVID-19, the agency had provided each jail with laptops to be used for video hearings. Many types of court proceedings are carried out through video conferencing.

Staffing remains an issue in regional jails. Since COVID, vacancies have increased. Businesses with more competitive pay make it difficult to retain corrections officers. All prison staff is trained to supervise dorms of inmates. Everyone is trained at the academy regardless of the job role. This has allowed administrators to fill in for callouts.

Joint Standing Committee on Finance-9/13/2021

Revenue Secretary Dave Hardy told the committee Monday that the state’s Rainy Day Fund will have a balance exceeding $1 billion later this week for the first time in its history. State lawmakers created the Rainy Day Fund in 1993.

According to Hardy, the previous Rainy Day Fund high was $955 million on June 30, 2014. He mentioned that this milestone will be impressive to those that rate the state’s credit.

State law requires half of any budget year surplus to be placed in the Rainy Day Fund. Hardy said $15.4 million of the $30.8 million surplus on June 30 was recently deposited.

In addition to the Rainy Day fund update, Hardy also reported the state’s Income Tax Reserve Fund, which is used to get tax refund payments out quickly, now has a record balance of $49 million. All $23 million that was previously in the fund was spent during the early months of the pandemic in 2020.

The state’s budget also continues to be bolstered by an enhanced Medicaid match from the federal government. The match was increased by 6 percent several months ago to help states with reimbursements during COVID. Hardy confirmed the increase remains in place.

Also in the meeting, State Deputy Revenue Secretary Mark Muchow told lawmakers the price of natural gas has increased from a low of $1.03 to $3.63 per million BTU, which is helping drive up severance tax collections in West Virginia.

Two months in the fiscal year the state has collected $49.3 million in severance tax revenue. It was just $4 million at the end of August last year.

Muchow highlighted that the natural gas price increases also help coal, as a cheaper means for power generation. Coal prices have increased by $10 a ton from a year ago and Muchow predicted Monday those prices are likely to go higher. He said the markets for both metallurgical coal and steam coal markets are steadily bouncing back.

Joint Committee on Children and Families-9/13/2021

Kendra Boley-Rogers, program director with the Department of Health and Human Resources Bureau for Social Services, updated the committee regarding the state’s response to human trafficking.

Boley- Rogers emphasized that more training is needed to help West Virginia child welfare workers identify human trafficking and more support is needed for survivors.

The lack of understanding, education, and training can lead to misidentification of trafficking offenses, which can result in lesser criminal penalties, as well as hindering or delaying victims from getting vital services for trafficking survivors according to Boley-Rogers.

She informed the committee that between Oct. 1, 2017, and Aug. 31, 2021, 70 trafficking referrals were made to DHHR. The victims ranged in age from 1 to 18 years old.

Only four of those 70 referrals were substantiated, with approximately eight cases still pending. One was labor trafficking, a case of a man taking advantage of three immigrant children.

Boley-Rogers mentioned that sometimes those in child welfare and the general population envision a Hollywood movie version of human trafficking perpetrated by strangers. Evidence from the confirmed cases in West Virginia suggests it’s often done by someone the child knows and trusts, and often triggered by desperation.

Survivors of trafficking also often don’t know they have been trafficked, she said. This misunderstanding can lead to cases being treated as typical abuse and neglect.

Children in the Child Protective Services system, including trafficking victims, are entitled to an array of services including shelter, food, clothing, and mental health care. However, there is only one therapist in the state that specializes in human trafficking survivor treatment.

DHHR is working on more training for child welfare workers to help them identify human trafficking. A statewide task force is also working on ways to bring more services to West Virginia to assist survivors.

Joint Committee on Natural Gas Development 09/13/2021

The Committee heard from the Gas and Oil Association. Members of the association employ 32,000 natural gas and oil employees and 13,200 exploration and projection employees. They pay over $5.1 billion in wages and contribute more than $11 million to West Virginia’s economy. Oil rig counts are down compared to previous years and compared to other states. Two possible new pipelines in West Virginia are the Mountain Valley and the Atlanta.

The Capitalization Rate has significantly decreased with the tentative rate of 2022 to be set at 10.8 percent, which suggests that the oil and gas market is more stable than it is. The State Tax Department and a member of the association of assessors, also, presented during the meeting.

Joint Committee on Government Organization-9/13/2021

The committee received a regulatory board review report from the West Virginia Legislative Auditor’s Performance Evaluation and Research Division that recommended eliminating the board that licenses dietitians in West Virginia.

State code requires reviews of all state regulatory boards at least once every 12 years, and the West Virginia Board of Licensed Dietitians was up for review this year.

In the review, the Legislative Auditor’s Office recommended eliminating the Board of Licensed Dietitians, deeming the board duplicative. Auditors said the Board of Licensed Dietitians mirrors what the National Commission on Dietetic Registration already does.

Auditors concluded that the Legislature could simply codify title protection for licensed dietitians and nutritionists by statute, requiring that dietitians be licensed through the National Commission on Dietetic Registration.

If the Legislature chooses not to eliminate the Board of Licensed Dietitians, auditors recommend the Legislature consider defining more specific practices in defining the scope of proactive for the board, requiring the board to maintain a database of dietitians and nutritionists in the state, ensure it handles complaints, and improve its website.

In a written response to the Legislative Audit report, the board said it believes strongly that a state-level agency is needed to monitor dietitians and nutritionists. The board said its elimination would “wreak immediate havoc” on healthcare policy in West Virginia.

Legislative Oversight Commission on Education Accountability 09/14/2021

The committee heard from higher education with an update on COVID-19. The goals for 2021 and 2022 are to overcome vaccine hesitance, provide vaccines on campus, monitor quarantine and isolation spaces, provide rapid testing in case of a surge. Schools are working with local health departments, primary care facilities, and hospitals to combat COVID on WV campuses. Colleges and universities are following CDC guidelines that only unvaccinated people must quarantine. Currently, all campuses have the capacity for on-campus quarantine. WVU has seen a drop in quarantine due to efforts to encourage mask use and vaccines. The Delta variant is present on WVU’s campus.

The WV Department of Education provided a report on virtual learning in the state.

The committee received a report on Vison 2025: The West Virginia Science and Technology Strategic Plan. The Plan has been revised with goals to being research development to the state. The Plan is “to launch and attract science and technology companies” in four “high-priority platforms,” including life sciences, computer and data science, advanced manufacturing, and advanced energy.

Legislative Oversight Committee on Regional Jail and Correctional Facility Authority 09/14/2021

The committee received an update from the Division of Corrections and rehabilitation, as well as an overview of the presentation on bail bond reform.

Regional Jails have saved the counties money in jail fees by shifting fees to the state. Regional Jails are struggling to hire due to businesses offering higher pays with less stressful jobs. Higher wages in other states are also an issue for retaining COs, especially in the eastern panhandle. Maryland offers a higher starting salary than West Virginia. Jails remain overcrowded.

One member asked if decriminalizing marijuana would help the overcrowding in the regional jails. The presenter stated that it is difficult to answer because there has been a hole in the date for many years. It was stated that decriminalization would not make marijuana legal. It would remove the criminal offense from it. A person could be ticketed instead of incarnated. More information was requested regarding this data.

Joint Standing Committee on Education 09/14/2021

The Education Committee heard COVID update from higher education. No vaccine mandate is on any campus. Colleges and universities are offering vaccines on campus either through health centers or through local partners. Clinical students must adhere to the same policies as staff at health care facilities. Some health care facilities are requiring vaccines.

All schools have access to contract for COVID testing at a low cost. Of the 15, 2-year campuses 12 test unvaccinated students weekly or monthly. Of the 12, 4-year campuses 11 test unvaccinated students weekly or monthly.

The West Virginia Board of Education presented the minimum graduation requirements for high school students. WV students are required to have 22 credits to graduate: 4 English, 4 Mathematics, 3 Science, 4 Social Studies, 1 Physical Education, 1 Health, 1 Arts, and 4 of the student’s choice.

The Department of Education presented School Recovery and Guidance in WV Schools. The Department has created a document for guidance and encourages schools to work with local health departments.

Social and emotional wellness is particularly important during the difficult times of COVID-19 and reentry into a classroom environment. Mitigating the spread of COVID-19 is important in the classroom and extracurricular activities. Vaccines are encouraged for those who can receive them. Other mitigating strategies include cleaning and disinfecting, hand hygiene, face coverings, social distancing, and contact tracing.

Quarantine guidance has been provided. Only students who have not been vaccinated are required to quarantine. Students have two options for quarantine. They can quarantine for 10 days without testing if no symptoms have been identified. The other option is students can be tested and only quarantine for 7 days if they receive a negative result.

Joint Committee on Government and Finance-9/14/2021

The committee received updates Tuesday on the progress of broadband expansion efforts from Mitch Carmichael, secretary of the Department of Economic Development.

Carmichael said the state has several pending federal grant applications for broadband programs.

He highlighted one of those programs, the FCC’s Emergency Connectivity Fund (ECF). The $7.17 billion project will allow public schools and libraries to offer Wi-Fi hotspots for students to take home to access broadband. The program also covers reasonable costs for laptops and tablet computers, as well as modems and routers.

Last year, amid the pandemic, the state used federal CARES Act funds to start WV Kids Connect, installing Wi-Fi hotspots at schools, colleges, libraries, and state parks to provide students a location to access the internet while many schools were on remote learning due to COVID-19.

Another program, called the Emergency Broadband Benefits program, provides $50 per month to subsidize broadband service for families with income at or below 135% of the federal poverty guidelines. The program also provides up to $100 for a desktop computer, laptop, or tablet if recipients can contribute between $10 and $50 towards the purchase price.

The Department of Economic Development is leading the state’s effort at broadband expansion and working to coordinate between internet service providers, and state, county, and municipal governments.

Carmichael explained that more than $362.1 million was awarded to nine internet service providers in West Virginia for phase I of the FCC’s Rural Digital Opportunity Fund.

Phase I is focused on extending internet service to unserved parts of the state. West Virginia is set to receive $138 million for broadband expansion through President Joe Biden’s American Rescue Plan.

According to Carmichael, the state can also use part of the $1.355 billion it’s receiving through the American Rescue Plan for infrastructure projects, such as broadband expansion. Counties and cities are receiving a combined $679 million through the Biden plan that can also be used for broadband projects. Another $100 billion in broadband investment has come from various grants and loans through the Appalachian Regional Commission and the U.S. Department of Agriculture.

Legislative Oversight Commission on Health and Human Resources Accountability 09/14/2021

The committee received a report from the Department of Health and Human Resources on the Abuse and Neglect of Disabled West Virgoans in Care Settings. According to DHHR, WV has experienced an extremely high number of individuals with intellectual and developmental disabilities suffering from abuse and neglect, some of which have led to serious injury or death.

The abuse has occurred in three settings: Intensively Supported Settings (ISS), group homes with four or more consumers, and Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICF/IID).

Documented issues in these settings include critical medication errors, failure to provide emergency medical attention, failure to secure dangerous substances, failure to activate door alarms, lack of staffing, abuse and neglect by staff, failure to report or investigate incidents, correct deficient practices, and provide training, and failure to provide appropriate basic nutrition.

DHHR has continued to take several actions included surveying and regulating settings, closing facilities, and engaging stakeholders to develop recommendations. DHHR recognizes there is a labor shortage issue. The agency agrees with the proposed concept of a tiered Core Staffing Model. The agency hopes to use various funding to address staffing shortages.

The West Virginia Behavior Healthcare Providers Association presented an overview of meetings regarding the mental hygiene reform. Stakeholders working on Mental Hygiene Reform include the WV Supreme Court, DHHR, the WV Behavior Healthcare Providers Association, WV Hospital Association, the sheriff’s department, Public Defenders Services, Disability Rights of WV, several hospitals, the City of Charleston, and the WV Legislature.

Mental Hygiene is the civil court process where someone, due to mental illness, can be placed and secured involuntarily in a treatment facility for mental illness. This is sometimes referred to as involuntary commitment or civil commitment. There are several issues with the process including timeliness, lack of uniformity, medical clearance, and transportation.

Committee on Agriculture and Rural Development – June 6, 2021.

The Agriculture and Rural Development Committee met during June interims. The Committee heard from Crescent Gallagher, the Communications Director for the Department of Agriculture, and Dwayne O’Dell, the Director of Governmental Affairs for the WV Farm Bureau.

Mr. Gallagher provided an update on the 2021 Farm Bill and the successes of the current administration.

He said the 2021 Farm Bill, the first of its kind in West Virginia, did a lot for the Agriculture Department. The bill was packaged up for easy passage and did the following:

1. Updates to language related to the Agriculture Business Development Division
2. Clarifies that raw milk could be used for animal food and the production of soap
3. Updates on membership for animal care standards board (A big issue for the Department)
4. Removes of permits for untreated garbage to swine
5. Allows Conservation to receive water control grants
6. Establishes a commercial fed law
7. Establishes the Department of Agriculture as the sole body over farmer’s markets
8. Expands the Fresh Food Act to include dairy
9. Creates the Agriculture Development Act

Due to relaxing regulations, farmer’s market registration has doubled. DOD Fresh, a program that brings fresh food into schools, was moved back to a WV company. Meat processing and slaughtering have seen an increase during the pandemic.

The USDA has provided grants for the Farm to School program. The department is working to do all it can to get as much fresh food into the schools.

With dairy being transferred to Agriculture, the agency plans to relax regulations to expand. Beehive registration has increased.

Mr. Gallagher stated that the agency has expanded programs but has not had an increase in funding. Therefore, the agency is doing more with less funding. The agency has reduced travel and vehicle purchases. The agency is also operating with seven fewer full-time employees.

The number one issue the agency faces is the labs at the Guthrie Center. The Center is an old military base with several issues. Being a lab, it should not have windows, it is outdated and lacks space for all employees. The agency has lost federal funding due to the lab facilities not being up to modern standards. After consulting with an architecture company, the department has determined they should rebuild the Center in Guthrie. The cost is estimated at $50 million. The agency has requested money from the CARES Act Funds and has received letters of support from state leadership as well as the Senators and a Congressman at the federal level. The lab facility is mostly federally funded, and the federal funds cannot be used for facility construction.

Mr. O’Dell provided an update from the WV Farm Bureau. He stated that the average American spends about 10% of their disposable income on agricultural products, although the producer receives a very small amount of that.

He stated that inflation is a major issue the industry is facing across the country and in the world market. He stated that West Virginia’s poultry industry is experiencing a labor shortage at the processing plant in Moorefield which is preventing them from meeting production schedules.

He noted there are droughts in the western US and South America. Droughts cause issues with grain production needed to feed livestock used in the agriculture industry. The hog industry is seeing record prices due to demand. The Chinese have been a major player in the hog market. The country experienced a reduction of about 30 percent in its production due to African swine fever.

Inflation is high. The consumer food price has increased over the last 12 months. This can be contributed to higher input costs, such as fencing and packaging prices.

It is expected that in the next two decades that 300 million acres will be transferred to the next generation or sold outside of current families. The USDA has a 30/30 program that will remove 30 million acres from agriculture production by 2030. This could have a significant impact on the agriculture industry, particularly the livestock industry. Current issues included losing land due to road and industry development.

Legislation

Right-to-Farm legislation has shown benefit to the state. It could help in the expansion of the poultry industry. West Virginia produces 90 million chickens per year, which is a significant level of production.

Senate Bill 61, the predator control program, is liked by the Bureau due to continued threats to livestock from coyotes. Currently, sheep and goat owners can participate. The Bureau would like to see the program expanded to beef livestock. There are 400,000 beef cattle in the state.

Agriculture is strong, but it does have challenges, including economic and the age of farmers.

Joint Legislative Oversight Commission on the Department of Transportation Accountability / Select Committee on Infrastructure – June 6, 2021.

Delegates and senators of the Joint Legislative Oversight Commission on the Department of Transportation Accountability / Select Committee on Infrastructure received a preview of a proposal to dedicate an additional $150 million to highway maintenance during this legislative interim meeting on Sunday evening (June 6). The bill transferring this money to highways passed during the special session on Monday afternoon (June 7).

Transportation Secretary Byrd White told the committee that the money will go toward 400 projects spread over all 55 counties. He described just short of 750 total miles of paving. Examples of the projects include select bridge projects, repairing slips on bus route and fixing slides on business routes. According to White, this money will accelerate the completion of these already-scheduled projects.

After highway and transportation officials approached Governor Justice, he proposed putting more money toward highways as it became clear the state will finish the finish the fiscal year with a surplus. With less than a month to go in the fiscal year, that surplus is projected to be roughly $400 million. This $150 million highway allocation will come from the state’s general revenue fund. Ordinarily, highway maintenance is paid for through the state road fund, which is funded through fuel taxes, taxes from vehicle sales and fees paid when vehicles are registered.

Highways Commissioner Jimmy Wriston mentioned that lawmakers had generally not dedicated general revenue dollars to highways until recently, but he and lawmakers agreed that it will become necessary in the future given the gas tax is likely to generate fewer dollars, as the population trends towards driving more fuel-efficient vehicles.

Parks, Recreation and Natural Resources Subcommittee – June 7, 2021.

The committee heard a presentation on June 7 regarding the feasibility of two bills (SB114 and SB394) that would provide free hunting and fishing licenses to West Virginia veterans and volunteer firefighters, respectively.

Frank Hartman of the West Virginia State Fireman’s Association explained that recruitment and retention of members continues to be a challenge and that this bill adds value to service and would likely incentivize people to become members or maintain their membership.

Veteran groups are also supportive of this legislation.

Division of Natural Resources Director Steve McDaniel is equally supportive of these bills in theory. However, in practice, he informed the committee that they would present a challenge for his agency.

“I think every veteran in West Virginia should have a free hunting and fishing license, the same for first responders, all are noble causes. But about 50 percent of us in here pay for hunting and fishing license every year and that is who pays for those free licenses,” said McDaniel.

McDaniel explained that when complimentary licenses are handed out, his agency is left with a reduction in funds to properly manage fish and wildlife resources throughout West Virginia.

McDaniel and various members of his staff gave a presentation to the committee regarding the costs and consequences of free license offers to various groups. The majority of DNR annual funding comes from federal excise taxes paid on firearms, ammunition, and archery equipment. A separate excise tax is paid on fishing tackle and motorboat fuel. The agency explained both programs called the Pittman-Robertson Wildlife Restoration Act for game management and the Dingell-Johnson Sportfish Restoration Act for fishing. Everyone pays the tax, but revenue from the tax is apportioned back to each state based on the number of hunting or fishing licenses sold annually. Each free license reduces the figure and as a result, negatively impacts the drawdown of federal money.

According to the presenters, the DNR’s budget for the current fiscal year is $63 million. However, only $15 million is from direct license sales, the rest is from various federal matching programs.

McDaniel closed by offering a creative way to fund a hunting and fishing license benefit for veterans and first responders. He suggested allowing veterans and first responders who purchase a lifetime hunting and fishing license (currently priced at $805) to write off the entire cost as a one-time exemption on state income taxes. In this scenario, the license is free to them, but would also count as a paid for license to help drawn down federal excise funding.

Joint Standing Committee on Pensions and Retirement – June 7, 2021.

The Joint committee on Pensions and Retirement heard a presentation from the Consolidated Public Retirement Board which was asked to consider about the possibility and feasibility of adding a third tier in the Public Employees Retirement System to include correctional officers, police officers and firefighters, 911 operators and other law enforcement groups with active PERS members.

As of July 1, 2020, there are 35,781 active PERS members.  Of this amount, there are approximately 2,660 active PERS members that are public safety employees, 1,590 are correctional officers, 334 are police and firefighters, and 736 are 911 operators.

The new PERS Tier 3 would require separate assumptions and plan provisions compared to PERS Tier 1 and Tier 2.  PERS Tier 3 could be modeled after existing West Virginia public safety defined benefit plans such as DSRS, EMSRS, MPFRS, and NRPORS. Also, the new PERS Tier 3 would require their own member and employer contribution rates, separate from PERS Tier 1 and Tier 2.

Potential PERS Tier 3 members would have to elect to join the new PERS Tier 3.  Therefore, to avoid a new PERS Tier 3 with a small number of participants, minimum municipality and member participation rates should be considered as a requirement to implement a new PERS Tier 3.

If past service under PERS is included in the enhanced benefits under the potential PERS Tier 3, then special consideration should be made regarding employer and/or member contribution rates to pay for the enhanced benefits.  Under 2005 West Virginia Pension Reform, unfunded enhanced active PERS benefits would have to be amortized over a ten-year period.

Joint Committee on the Judiciary – June 7, 2021.

The Judiciary Committee met on June 7, 2021, to discuss paid parental leave. The presenters included Liz Schindzielorz, the Senate Judiciary Counsel; Joe Thomas, the deputy director of the Division of Personnel; Brook Farber, deputy director, and William Jordan from the WV Division of labor; and Dr. Peter Shirley, director of the Division of Regulatory and Fiscal Affairs.

Ms. Schindzielorz noted the difference between the federal Family Medical Leave Act (FMLA) and the state Parental Leave Act (PLA). FMLA applies to birth, adoptions, fostering, health conditions, and military service needs. It can be paid or unpaid, depending on the employee’s accrued leave. The PLA only applies to public employees and is unpaid.

Schindzielorz studied trends from other states. Ten states and Washington DC have Paid Parental Leave Programs. Most states include some or all the private sector in the paid leave programs. For the public sector, the states are divided on who is included.

The programs often stipulate the minimum earnings in certain pay periods. The programs often differentiate between medical and family leave. Some states include organ donation, sexual abuse recovery, segregate pregnancies, and other categories. Frequently, the maximum amount of family leave that can be taken is 12 weeks. However, some states add weeks for pregnancy. The weekly benefits are typically a percentage of the employee’s wage or a percentage of the state’s minimum wage.

Mr. Thomas noted that the PLA is not a part of the DOP statute. However, they do have guidance information because they provide information to employees for FMLA. He stated to qualify for PLA the employee must be employed by the employer for 12 weeks. To qualify for FMLA, the employee must have been employed with the employer for 12 months.

Ms. Farber and Mr. Jordan noted that the Division of Labor has no rule-making authority related to the PLA. He said that in his time there they have only received one call about it. Once, the individual found out it was unpaid, they went another route for leave.

Dr. Shirley presented about Senate Bill 607, which would have provided a 12-week paid family leave for births and adoptions for state employees who had been employed for the last 12 months. He stated this program would only have been used if all sick leave and annual leave had been exhausted. The program had a fiscal note of $6.6 million. Currently, West Virginia only offers 12 weeks of unpaid leave.

Joint Committee on Finance – June 7, 2021.

State Deputy Revenue Secretary Mark Muchow told the Joint Committee on Finance during the June 7 interim meeting  that all sectors of severance taxes are showing a significant increase in revenue in recent months.

Muchow, who noted the upturn began in January of this year, said that increases in revenue include severance taxes tied to natural gas prices, higher oil prices, in addition to a recovery in steam coal production in northern West Virginia and metallurgical coal production in southern West Virginia.

Muchow emphasized that the state has not returned to pre-pandemic levels of tax revenue, but the improvements of the last few months have been impressive in his view. West Virginia is currently down 12.2 percent compared to this time last year, but in December, the state was 50 percent down.

Given that severance tax revenues were nearly $200 million greater at this time two years ago, Muchow notes that the state has a long way to go.

“It all relates to those natural gas prices,” he said. “Higher natural gas prices means more steam coal use. Lower natural gas prices mean less steam coal use.”

Muchow noted the market for metallurgical coal has also been showing an increase in recent months with export markets increasing.

Also in the meeting, Ann Urling, Deputy Chief of Staff to Gov. Jim Justice, gave a presentation on parameters the state plans to use for spending its $1.355 billion portion of the American Rescue Plan (ARP) funds.

To date, West Virginia has received half of the $1.355 billion, more than $677 million, with the remainder coming later. Funds must be used for coronavirus-related expenditures, water and wastewater infrastructure, and broadband expansion. States have until Dec. 31, 2024, to appropriate the ARP funding. Projects must be completed by Dec. 31, 2027.

Urling said the state wants to use a data-driven methodology for approving ARP projects, with listening sessions scheduled across the state to give the public and stakeholders an opportunity to weigh in on ARP planning.

The U.S. Treasury Department issued rules and guidelines for ARP spending, expressing a mandate to state and local governments to develop strategic priorities for “inclusive economic development” focused on historically underrepresented regions.

Urling noted acceptable uses for ARP funds include public health expenditures, offsetting negative economic impacts due to pandemic, replacing lost public sector revenue due to pandemic, and providing premium pay for essential workers. Allowable infrastructure expenditures include water and sewer projects through the Environmental Protection Agency’s clean water and drinking water state revolving funds, and broadband projects for unserved and underserved parts of the state.

Urling explained that the state is using a third-party certified public accounting firm and a legal firm to guide government officials through the U.S. Treasury Department’s guidance for ARP dollars. The state also wants to create a mapping system to help identify spending needs and document how funds are spent.

Post Audit Subcommittee – June 7, 2021.

The Post Audit Subcommittee met on June 7, 2021. Auditor Patrick Renick presented on the WV Department of Environmental Protection Division of Mining and Reclamation – Special Reclamation Funds. Auditor Nathan Hamilton presented the 2020 Annual Volunteer Fire Department Report.

During the presentation of the DEP report, it was noted that federal law requires West Virginia to establish a program to fund the reclamation of forfeited mining permit sites. Reclamation bond rates range between $1,000 and $5,000 per acre, covering 10 percent of reclamation costs. Other cost coverage comes from the Special Reclamation Funds which is funded through the Special Reclamation tax on mined coals.

Reclamation Surety Bonds total $927 million and can only be used when a mining company fails to perform reclamation and forfeits the bonds. Bonds are not available to the DEP to perform reclamation unless the permits are forfeited.

In the DEP report, the auditors found that the current per acre coal mining reclamation bond limits do not guarantee the solvency of the State’s Mining Reclamation Program. Since 2001, the program has seen increases in reclamation costs, which have devalued permit bonds. It is estimated that an additional $300 million in the Special Reclamation Funds are needed in the next 20 years to cover the reclamation cost for permits active as of June 2019. The auditor recommends that current rates be reviewed and adjusted to prevent the cost of reclamation from becoming a greater financial liability to the state.

Another issue is the lack of underwriting limits for surety bonds in the state. Surety bonds comprise 97 percent of the reclamation bonds issued in the state. Five companies are the sureties for 91 percent of all coal mining reclamation bond dollars in WV. Unlike other states, WV does not limit the amount of reclamation surety bond coverage a surety company may issue.

Post Audit provided the example of Indemnity National Insurance Company, which is the surety for 67 percent of the state’s mining reclamation bonds. Indemnity is also the primary surety for ERP, the coal company placed in receivership by the DEP to avoid bankruptcy and overwhelming the Special Reclamation Fund. The DEP provided $170 million in surety bond increases for Indemnity after the ERP lawsuit. Without underwriting limits, the state is at risk of financial liability to cover reclamation cost increases. The auditor recommends the Legislature consider amending the code by imposing maximum thresholds on the face value and total aggregate value of reclamation bonds permitted to be underwritten by a single surety company.

Of the 11 issues found, the third is that DEP is non-compliance with requirements for inactive mine status. While reviewing 100 applications for inactive status, auditors found 171 instances where federal requirements were not met. The auditor recommends that the DEP comply with all state and federal regulations, verify applications are complete and accurate, ensure permits do not exceed time limits and ensure all mine status categories are properly defined.

For the remaining issues and full report, click here.

The annual VFD Audit Report followed. In 2020, $22.5 million was dispersed to 427 volunteer and part-volunteer fire departments. Common findings at various VFDs were unallowable expenditures, unsupported expenditures, and commingled funds.

VFD examples presented to the committee included Logan County VFD#2, Jumping Branch- Nimitz VFD, and six other VFDs. Logan #2 had $69,094 in unallowable and unsupported expenditures and Jumping-Branch had more than $22,198 in unallowable and unsupported expenditures.

For the full report, click here.

Select Committee on Veterans’ Affairs – June 7, 2021.

The Select Committee on Veterans’ Affairs met June 7 to discuss various suicide prevention programs.

Randy Coleman from the Department of Veterans Assistance outlined the kinds of support that his organization gives to veterans. He noted that support for family is also a big key for veterans.

“When we think of our veterans, we often times forget their families. And it is a unit, it is a collective, cohesive unit that makes up that veteran, Coleman said. “To support that veteran and military community which most importantly the spouse and their dependents and that’s something that I think we as West Virginians in the state can do a much better job of and something that as we progress with the Legislature, we’re going to be able to do just that.”

Those who are passionate about the issue, say they want the Legislature’s help in bringing attention to the issue.

“After we figure out where we might possibly help, we’re going to suggest to the Legislature and to the Governor’s Office the best steps ahead, and see where we go from there,” added, Coleman.

Jerry Wood, Director of the WVU Office of Veterans Affairs discussed the declining population of veterans ages 18-54 in West Virginia. He emphasized the economic impact of missing out on this talented group of people and discussed strategies for recruitment, retention and job placement of veterans in this age group.

The Joint Committee on Health – June 7, 2021.

The Joint Committee on Health met on June 7, 2021. The focus of the meeting was local public health. Several individuals from various county health departments presented.

Mr. VJ Davis, the administrator of Preston County Health Department, presented on local public health funding and services. He noted the value of local health departments. He stated without it, this last year would have been even more difficult. Local health is the public health delivery system for all 55 counties. Local Public Health Departments connect with the community and create local business partnerships. Departments enforce regulations others cannot.

Currently, WV is receiving funds for local health in a way that has never been done before. Mr. Davis said this is a once-in-a-lifetime chance to look at WV public health and utilize grant money to make improvements. Local health departments receive funding from a variety of sources, including state aid, county commission, city government, board of educations, excess levies, fees for environmental permits and services, fees for clinical services, and grants-both governmental and non-governmental.

Local boards of health have three core (mandated) services which they provide: (1) Community Health Promotion- assessing needs and providing resources (2) Environmental Health Protection- disaster preparedness and (3) Communicable or Reportable Disease Prevention and Control. Local Boards of Health may offer enhanced services including, but not limited to adult services, cancer detection, cardiac services, dentistry, health checks, perinatal, women’s health, and pediatrics.

A Jay Root, administrator of Mineral County Health Department and vice president of WV Local Health Departments, presented on leadership, structure, and staffing of local health departments. He stated that chapter 16 of the WV code outlines public health. It establishes county commissions as the appointing authority over public health boards. The boards hire health officers and administrators. Boards also provide oversight of the program plan, organizational chart, and agency budget.

There are 18 local boards of health servicing 55 counties. Seven of the boards are combined county/municipal local boards of health and three are combined county local boards of health: Berkeley/Morgan, Mid-Ohio Valley, and Wetzel/Tyler. The boards tailor services to communities.

The staffing structures include five categories: administration, clinical, environmental, health promotion, and threat preparedness. The number of staff positions and types is dependent on individual health departments and the population served. Basic staffing includes a health officer, an administrator, a nurse, a sanitarian, and an office assistant. Enhanced staffing includes threat preparedness coordinator, health educator, public information officer, nurse practitioner, dentist, dental hygienists, and peer recovery coaches. Some roles may be blended, meaning one person takes on multiple roles.

Information Technology varies between departments. Several systems are used for local boards of health. For financial data, departments may use QuickBooks, crossroads, or another service. For electronic medical records, departments may use CureMD, InSync, Careficient, or Office Ally. Some departments still use paper medical records. For state data, departments use health space, health stat, chex out, VAMS, WV EDSS, WV Public Health Alert, WV REDI, WV SIIS, Survey Monkey, and wvOASIS.

Dr. Lee Smith, the executive director, and health officer for Monongalia County Health Department, presented on rules and communications. He noted that the missions of local health and hospital internal care are different. He said only 20 percent of quality and quantity of health comes from access to health care. The other 80% comes from other services like local health.

He said 99 percent of rules for local health come from legislation or acceptance of industry standards. The Department of Health and Human resources can create rules for local health departments as well.

Boards of Public Health are law enforcement. They enforce public health laws. If a local Board of Health refuses to enforce laws, the state’s public health officer can enforce them. However, if this happens, the local board will be fined.

In this past session, Senate Bill 12 modified code giving county commissions access to review current public health rules. New rules shall be reviewed by county commissions as they come about.

Dr. Smith noted that the interpretation of rules is very important for keeping all departments on the same page. The Bureau of Public Health distributes interpretations of all rules to local boards of health. Rule interpretations may also be presented at training and through task forces to make the community aware.

Dr. Smith noted this past year made communication between the Bureau of Public Health and local health departments was a priority and should continue to be enhanced. Local Health Officers communicate with the State Health Officer. During COVID-19, communications have been enhanced with DHHR Secretary and other stakeholders through weekly conference calls and zoom meetings.

Chad Bundy, the executive director for Harrison County Health Department, presented performance standards. Since 2000, Class A performance standards have been set between local health departments, DHHR, and the Bureau of Public Health. These standards come from WV State Code – specifically Chapter 16, WV administrative rules, and CDC guidelines.

Terri Harlan, the administrator for Fayette County Health Department, presented on local health’s response to COVID-19. Local Health Departments began organizing before it was announced that COVID-19 was a global pandemic. Communities were looking to local health departments to have the answers.

Local Health’s response included testing, investigating, contact tracing, quarantine monitoring, enforcing mandates for business closures and openings, vaccine planning and deployment, and public communication and education.

Joint Legislative Oversite Commission on State Water Resources – June 8, 2021.

The Joint Legislative Oversight Commission on State Water Resources met on June 8, 2021, to hear the 2020 Annual Water Resources Report. Laura Cooper presented the report.

Ms. Cooper gave an overview of the Water Resource Protection and Management Act, which was passed into law in 2004 and renamed in 2008. It created the State Water Resources Management Plan to access water resources in the state and prepare for the future. The plan was adopted in 2014. The provisions and recommendations of the Act and Plan are implemented in several programs at the WVDEP.

She presented the water resources availability in 2019. In 2018, the state saw a record-breaking average of 65 inches of precipitation. The average annual precipitation was back in a normal range in 2019 at 48 inches. She noted that the 2020 level remained below average. In certain areas like Charleston, precipitation was above average in 2020.

As for groundwater, the state saw an increase in 2019, but the level returned to normal in 2020. The state did see some periods of drought in 2020. Even with that, she noted that the state does have plenty of water availability and the agency is not concerned.

She reported on Large Quantity Users (LQUs), which are any persons who withdraw over 300,000 gallons in 30 days. This excludes farm use. In 2019, there were 394 LQUs reported. Mining withdraws gave decreased by 10.13 percent. However, industrial use withdraws have increased 34.9 percent. Withdraws for agriculture and aquaculture have increased54.81 percent. Consumptive use withdraws were up 4.12 percent in 2019.

July is the month with the highest need for water. September is the month the state sees a drop in monthly runoff available.

The agency is utilizing geographic information systems to identify locations of wells, coal mine aquifers, LQU withdrawals, springs, and more. They are using GIS to create maps and develop plans. The agency is working to make GIS available on mobile apps.

Joint Committee on Children and Families – June 8, 2021.

Foster care was the main topic of the interim meeting for the Committee on Children and Families. Legislators heard a range of suggestions for trying to improve the system.

Linda Watts, Commissioner for the state’s Bureau for Children and Families, told the committee that of the thousands of children in the system, 84 percent are in a “family-like” setting.

“We want that number to go higher, but we realize we’ve got to continue to build capacity around that,” she said.

She said 3,809 are with relatives, while 1,995 children are in child-placing agency homes.

Leadership at the Department of Health and Human Resources has decided to split the bureau that deals with child welfare issues into two, Watts said. She said a timeline is not certain at this time.

One will be the Bureau for Family Assistance and Support, which will administer family assistance programs.

The other will be the Bureau for Social Services, which will manage protective services.

The state’s foster care ombudsman, Pamela Woodman-Kaehler, presented findings from a report from her first several months on the job.

She told lawmakers that her office has received about 500 complaints since she was appointed to the ombudsman two years ago.

She said many parents expressed fear of speaking out or fear or retaliation. She said 90 percent of people who contacted the ombudsman’s office feared contacting anyone else because of their past experiences.

She noted that complaints are not just about the Department of Health and Human Resources but were about various stakeholders within the foster care system.

Many complaints were about communication issues such as unreturned calls, mixed messages or lack of constructive input. Other complaints were about treatment by the system, including distrust and fear.

Cammie Chapman, associate general counsel for DHHR, acknowledged all those concerns and issues, but defended her agency, noting that 90 percent of complaints were resolved by low- to mid-level interactions. “To me this means our staff was responsive,” she said.

She described ongoing efforts to recruit workers for the child welfare system, including increasing salaries and adding 202 positions.

Still, 90 percent of districts have vacancies, she said. Right now, there are 124 vacancies statewide.

Andrew and Amanda Tennant, a couple from Marion County, presented their firsthand experience with the foster care system, describing it as overwhelming. They described a lack of communication from the state, inconsistent visit schedules and an unnecessary amount of bureaucracy.

“It seems like foster parents are basically used for the purposes of ‘We have all these kids. There’s 7,000 kids in the system,” Tennant said. “But in so doing you’re relying on people who are volunteering. When volunteers step up and say I’ll do it, they’re then being walked all over.”

Joint Committee on Government and Finance – June 8, 2021.

The Joint Committee on Government and Finance met on June 8, 2021. Three committees were established Joint Redistricting Committee, Joint Mine Reclamation Committee, and the Parks, Recreation, and Natural Resources Sub-Committee. Several presenters provided updates on their agencies.

Secretary Mitch Carmichael provided a broadband update from the Department of Economic Development. He said new connections are now at 1500 homes. The broadband program’s goal is to provide last-mile broadband service. The target is unserved addresses, and the goal is to get these homes to access at least 25 Mbps download and 3 Mbps upload, which is the federal definition of broadband. The department plans to accelerate a 10-year program to 18 months.

The four programs are (1) existing network line extensions, (2) rapid wireless deployment projects, (3) major broadband infrastructure investments, and (4) local government matching broadband funding incentives.

GIS is being used to develop mapping and application portals.

Mark Muchow provided an update from the General Revenue Fund and State Road Fund. He stated that revenue was up because the extended income tax deadline was last month. Sales tax is at $148.8 million, 38 percent ahead of last year.

For the full report, click here.

Andy Osborne provided an update on Workforce. He stated the agency didn’t borrow as much over the last month because there was more money from employers. It is estimated 30,000 individuals currently receive regular employment or extended benefits. Last year, 193,000 people were drawing unemployment due to temporary layoffs.

Craig Slaughter provided the update for the Investment Management Board. He stated returns were at 25 percent or more for this fiscal year. The Board fears inflation rates, but Mr. Slaughter said it is not likely the rates will be anything near the inflation of the 1970s.

Reports from the Lottery Commission, PEIA BRIM and the Real Estate Division, DHHR, and Worker’s Compensation Board were provided to the committee during the June interims as well. Full reports will be posted here when available.

Joint Committee on PEIA, Seniors and Long Term Care – June 8, 2021.

The committee heard from Albert Wright of the WVU Health System, Bob Milvet, the CEO of Grant Memorial hospital, and Jim Kaufman, President of the West Virginia Hospital Association during the June interim meeting.

Kaufman thanked lawmakers for passing Senate Bill 398 during the regular session. The legislation, which went into effect on April 19, stipulates that no additional non-state entities can join PEIA. Non state entities currently make up 14 percent of PEIA. Kaufman believes the legislation will help with affordability going forward.

Much of the discussion centered around how out of state entities can negotiate with PEIA, while in state providers cannot. This causes in state reimbursement rates to be very low for in-state hospitals, which the speakers view as unsustainable long term.

Milvert and Kaufman discussed how recruiting physicians is a challenge for these West Virginia hospitals with low rates and that they would like to be able to negotiate with PEIA going forward. Lawmakers committed to looking at this issue over the summer.

It was also pointed out that some struggling state hospitals could opt out of taking PEIA in theory, but given the market, and with so many they serve using the insurance, it would be almost impossible in practice.

Legislative Oversight Committee on Regional Jail and Correctional Facility Authority – June 8, 2021.

The Committee on Regional Jails and Correctional Facility Authority heard from state officials regarding their concerns with the impending increase in the amount of money county governments pay to incarcerate people in the state’s jails during June’s meeting.

While state officials and lawmakers could not definitively say how much the new per diem would be, they shared concerns that the new rate will be more than the current $48.25 per inmate per day, putting further financial strain on county governments across the state, many of which are already more than $1 million past due on their jail bills under the current rate.

A law passed in 2018 will increase the rates at the end of June. That law kept the per diem rate artificially flat to save counties money.

West Virginia counties have saved a combined $15.7 million in the 2019 and 2020 fiscal years thanks to the flat rate, according to Mike Coleman, director of administrative services for the state Department of Homeland Security.

County governments also saved $18.8 million from a provision in the law that shifted the cost of incarceration from counties to the state beginning the day an incarcerated person is convicted of a crime, Coleman said.

The 2018 law stated the State Budget Office will calculate the per diem rate each year, based on the last three years’ worth of costs.

The most recent calculation, done in July 2020, the actual cost to incarcerate one person for one day in the state’s 10 regional jails is $54.88.

Cabell County Sheriff Chuck Zerkle told the committee that those savings will likely be wiped out entirely by the impending rate increase.

Cabell County has been the “epicenter” of the opioid crisis and likewise the epicenter of recovery, Zerkle said, noting there are 65 recovery facilities in Cabell County.

When he took office in 2017, Zerkle established a work group that includes a county prosecutor, a defense attorney, a victim’s advocate, and himself. The group takes looks at people incarcerated by Cabell County for non-violent misdemeanors.

“We finally got this thing down to where we can manage it,” Zerkle said. “You throw this increase on us and we’re looking at another third of a million. We’re clobbered and we need some help.”

Zerkle said the majority of the arrests made in Cabell County are by the Huntington Police Department, but the City of Huntington is not required by the state to pay the bill.

Zerkle said if municipalities were required to pay even a small portion of the jail bills that the county governments are responsible for managing, that could help with the cost of incarceration as well as jail overcrowding because city officials would be more likely to manage something if they faced their own financial repercussions.

Joint Committee on Technology – June 8, 2021.

The Joint Committee on Technology met on June 8, 2021. Several individuals presented at the meeting.

Brian Casto provided an overview of legislation and broadband development. In 2017, the first broadband bill, House Bill 3093, put the Broadband Council in code. In 2018, Senate Bill 445 and House Bill 4447 worked together to expand provision to allow broadband co-ops. In 2019, Senate Bill 3, a small wireless bill, was passed, providing infrastructure for 5G wireless deployment. In 2020, House Bill 4015, the Vertical Real Estate Availability Act, was enacted to allow the DOA to deal with the management of the state-owned vertical real estate, which is radio network and towers. This allows wireless technology to be mounted to state-owned vertical real estate and to be managed by the DOA. Also in 2020, House Bill 4619 allowed Public Service Commission to approve plans proposed by the electric utilities in the state to install middle-mile broadband fiber. This allowed broadband to be brought into unserved or underserved areas of WV. In 2021, House Bill 2002 revisits several issues in the past bills. It moved to the Office of Broadband to the Department of Economic Development.

John Webster from AEP presented on the middle mile broadband expansion into southern WV. AEP has applied with the PSC for a project in Mingo and Logan to invest $61 million to install 430 miles of fiber for 13,000 unserved customers. After approval, the AEP hopes to begin construction within six months, and then it would be a 24-month project. Last-mile providers can apply to utilize the fiber.

Alan McVey, the Cabinet Secretary for the DOA, and Josh Spence, the state’s Chief Information Officer, presented on cyber liability, risk control, and state technology needs. Technology infrastructure and services need to be modernized to protect from cyber risk. Technology needs to adapt to changes in the industry. Technology is now an interface where people live their lives.

Clayton Burch, the State Superintendent of Schools, presented about K-12 technology needs. This past year when education had to be online, more than half of the children did not have access or quality access to the internet. In September, nearly 1,000 Wi-Fi hotspots were placed in communities. In Jan, about 50,000 students were still online. There is a concern about the rate of failure due to technology deficiencies. The biggest impact was on the youngest learners.

Dr. Corley Dennison provided an update on a pilot program within Higher Education. Looking for new ways to reduce textbook costs for students. There has been a movement to provide free online resources instead of paid textbooks. The facility can use technology to find free or low-cost resources to provide students. WV is mirroring a program from GA, which provided grants to professors that used free or low-cost material. GA found for every dollar invested in a grand, students saved $12 in textbook expenses. WV’s program just started in the last year with a partnership with Philanthropy WV. Using money from private donations, the state has been able to provide grants to professors.

Economic Development Secretary Mitch Carmichael provided an update on the broadband expansion program. The focus is on utilizing ARPA funds for expanding broadband in the state. The department has structured four programs to rapidly deploy assets to provide broadband in unserved areas.

Legislative Oversight Commission on Health and Human Resources Accountability – June 8, 2021.

The Legislative Oversight Committee on Health and Human Resources Accountability heard a report from the state’s foster care ombudsman, Pamela Woodman-Kaehler, regarding a report covering her first few months on the job.

She said that the foster care system has plenty of ways to improve. She told lawmakers that her office has received about 500 complaints since she was appointed to the ombudsman position a little less than two years ago. Many parents expressed fear of speaking out or fear or retaliation. She said 90 percent of people who contacted the ombudsman’s office feared contacting anyone else because of their past experiences.

Some people view the system in terms of its authority, almost like law enforcement in a way, she said. She noted that complaints are not just about the Department of Health and Human Resources but were about various stakeholders within the foster care system.  Many complaints were about communication issues such as unreturned calls and text messages, mixed messages or lack of input. Other complaints were about treatment by the system, including distrust and fear or condescension.

Ongoing efforts, she said, should focus on “taking the veil of secrecy off of what we do. Becoming a little less threatening and intimidating.”

The associate general counsel for DHHR, Cammie Chapman, acknowledged all those concerns and said officials are working through the issues. She said the child welfare system is stressed, not just here in West Virginia but nationwide.

Chapman noted that 90 percent of complaints were resolved by low- to mid-level interactions. However, there have been ongoing efforts to recruit workers for the child welfare system, including increasing salaries and adding 202 positions. Those efforts continue with salaries and number of positions studied over the next year. Still, 90 percent of districts have vacancies, she said. Right now, there are 124 vacancies statewide.

She also mentioned, in regard to a question on staff turnover, it is slightly complicated in a sense. The number of available positions has been increased so vacancy levels keep rising as well. But they are working to fill those positions.

Legislative Oversite Commission on Education Accountability – June 8. 2021.

The Legislative Oversight Commission on Education Accountability met on June 8, 2021.

The Committee first received an update from Fairmont and Pierpont’s MOU. The Memorandum of Understanding is an agreement that the two entities will be awarded $3 million to separate. Dr. Mirta Martin stated certain infrastructure will be transferred to Pierpont like the Caperton Center. Pierpont has agreed to vacate Fairmont’s campus by June 30, 2021, with the exceptions of the veterinarian technician, culinary, and childcare programs, which will vacate by June 2022. Fairmont will give 2.5 million to Pierpont by July 1, 2022. Pierpont is also set to receive another 16 million from the institution.

Dr. Anthony Hancock provided an update from Pierpont. He said that separation is giving Pierpont flexibility in scheduling. He said the institution expects to expand its aviation enrollment to 130 students. Additionally, Pierpont is hoping to provide weekends and evening courses in aviation. The program has also been condensed into a 9-month program. Pierpont is looking to move the veterinarian technician program to Clarksburg.

Dr. Cynthia Persily presented on the process of creating a nursing pathway, which begins in high school and eventually leads to a B.S. in Nursing. Pathways integrate educational and technical standards. This was developed to address the need for nurses in the state. The workgroup was charged with getting information for the pathway to students entering the ninth grade in 2021. A student would be able to enter a nursing program with 13 credits or a semester ahead. The pathway needs funding to provide scholarships for students. The course work could be placed on WV ROCKS, which is the online coursework website to allow students at all schools to participate.

Several policies were presented to the commission including Policy 2330, Policy 2520.3C, Policy 3300, and Policy 5314. The WVSSAC also presented policy series 2 and series 3.

Forest Management Review Commission – June 8, 2021.

Tom Cover, Director of the West Virginia Division of Forestry, gave the committee an overview of his division during June’s meeting.

Cover discussed the agency’s budget and mentioned that raises over the last couple years have stabilized staffing and increased morale.

Cover mentioned the need for cell phone boosters in southern West Virginia as well as the need to replace an ageing fleet of trucks, most of which are 2008 models. Cover emphasized that newer trucks should have sirens and lights for safety purposes when responding to fires, tree falls and other such issues.

Cover said that the use of a drone has helped the division tremendously from an efficiency standpoint.  From missing person searches to assessing fire damage, locating paths to fight fires, to finding gypsy moth and the spread of invasive species, drones have been invaluable to the agency according to Cover.

Joint Committee on Government Operations/ Joint Standing on Government Organization – June 8, 2021.

The Joint Standing committees on Government Organization and Government Operations met on June 8, 2021, to receive presentations from John Sylvia, the director of the Performance Evaluation and Research Division of the Legislature.

The Port Authority was reviewed and found to have no employees or future projects. It does not have funding or generate revenue. The Board of Directors for the Port Authority does not meet regularly. Since 2005, two projects had been pursued, one of which was determined infeasible in 2012. The other, Heartland Intermodal Gateway in Wayne County was determined feasible and cost nearly $30 million to construct. However, the facility has been dormant and continues to incur expenses to the State. It is scheduled to be sold at auction. The auditors determined that this facility should be sold to the highest bidder. Then, all outstanding invoices should be paid, and the Port Authority should be eliminated. For the full report, click here.

The Dual-title system of the Department of Transportation was reviewed. This audit examined the roles of the secretary of the DOT and the commissioner of the Division of Highways. The audit found that it would be difficult for one individual to serve in both roles and effectively meet the responsibilities of both. The state did hire a deputy commissioner/secretary to assist with the roles. If the dual role positions were separate, the salaries would be $95,000 for the secretary and $92,500 for the commissioner. The salary for the dual role is $120,000 and for the deputy is $100,000. The auditors recommended that the legislature should consider eliminating the dual-title provision and clearly outline the powers, duties, and responsibilities of the highways’ commissioner. The auditors also suggested that salaries may need to be revisited because the $92,500 and $95,000 were set into statute 12 years ago. For the full report, click here.

The next audit presented was on the Rehabilitation Environmental Action Plan (REAP) within the DEP. The audit found that the program has significant output: promotes proper tire disposal, litter control, and open dump elimination. However, the program does not effectively reduce municipal solid waste disposed of in landfills as required in the code. REAP also fails to prevent pollution. Several recommendations were made including restructuring REAP and requiring the Solid Waste Management Boards to conduct a study on ways to improve solid ways disposal in rural areas. For the full report, click here.

Several Chapter 30 licensing boards were reviewed. The Board of Examiners in Counseling was determined to be needed for public safety. It follows most provisions in Chapter 30 of the WV Code, but improvement is needed. The Board is financially self-sufficient and accessible to the public. The Board’s rules are not compliant with WV Code and case law because they allow it to deny licensure to applicants who have been convicted of a felony. The Board’s website needs improvement to enhance user-friendliness and transparency. The auditors did find that the Board was unaware that it put case counseling notes on its website that included diagnosis and prescribed medication. This put the state at risk. When notified, the Board did not comply with procedures to notify the Office of Technology. The Board does not have an encrypted website which means its data are not protected from interception or alteration. The recommendations include that the board consults with OT and the State Privacy Office to establish internal control regarding cybersecurity and consider an encrypted website and registering for a “.gov” domain. For the full report, click here.

Through legislation in 2015, a restricted provisional license was created to address a critical shortage of social workers in the state. As part of legislation to create this license, a performance audit was required by July 1. 2020. Therefore, PERD reviewed the Board of Social Work Examiners. DHHR’s provisional licensing program began in late 2016. Because of this, the Board of Social work extended its deadline to complete the training and sit for the national exam to June 30, 2020.

Auditors consulted with lawyers to determine that the June 3rd sunset date for the provisional license ends the program for new employees, not employees who have been in the training and are set to be completed by June 30, 2020. This would allow those 18 individuals to sit for the national licensing exam. While the Board did not agree with the recommendation, they did comply. For the full report, click here.

PERD also reviewed the Board of Hearing Aid Dealers. Auditors found that licensure of hearing aid dealers is still needed, however, the Board is inaccessible and provides limited public protection. The Board does not keep adequate licensee and financial records, nor does it have the funds to staff itself. PERD also found that the Board’s functions overlap with the Attorney General’s Consumer Protection Divisions and the Board of Speech-Language Pathology and Audiology. The auditor recommends terminating the Board of Hearing Aid Dealers and Fitters and transferring its responsibilities to the Board of Speech-Language Pathology and Audiology. For the full report, click here.

The Nursing Home Administrators Licensing Board was audited. Auditors found that the Board complies with most Chapter 30 provisions including being self-sufficient and appropriately investigating and responding to complaints. The Board also has a user-friendly website, and it promotes transparency. The auditor recommended that the Board be considered for inclusion in any multi-professional licensing agency created. Another recommendation is that Board Members and staff attend the State Auditor’s Seminar on Regulatory Boards as required by law. For the full report, click here.

PERD audited Jackie Withrow Hospital and found the hospital had the highest utility cost of any of the four long-term healthcare facilities in the state. The cost of maintenance and repairs is second only to Hopemont Hospital. The Hospital’s size is much larger than needed. The hospital only utilizes a portion of the building, even though it must maintain heating and cooling throughout. In 2013, it was determined that building a new building for the Jackie Withrow Hospital would cost less than completing the repairs to the current facility. In addition, long-term cost-savings through decreased operational and maintenance costs would be a benefit of a new smaller building. In the past few years, efforts have been made through legislation to modernize or construct a new facility or sell the hospital. However, none of this legislation made it into law. The auditor recommends the DHHR make a request to the legislature for the next budget for a size-appropriate facility. For the full report, click here.

PERD reviewed the Bureau for Children and Families allocation process for Child Protection Services Workers after a request from the chairs of the Joint Committee on Government Organization. Auditors found that the BCF allocates CPS workers based on the percentage of accepted CPS cases in a region and district. The agency does allow for some flexibility to move allocations if needed. The BCF does not directly utilize child population or poverty data for allocating workers. However, since these variables correlate to accepted CPS cases, the BCF is indirectly considering them.  The agency does not consider vacancies or case backlog during the allocation process. PERD recommends the BCF should consider conducting a study to consider incorporating other variables that correlated with CPS referrals and accepted cases. During the 2021 session, House Bill 2620 was introduced to incorporate this recommendation. However, it did not get placed on the House’s Special Calendar. PERD also recommended that the BCF implement recommendations made in the 2019 Post Audit Review of CPS. For the full report, click here.

Legislative Oversight Commission on Education Accountability – May 10, 2021.

The Legislative Oversight Commission on Education Accountability met during May interims. The Commission received a report from the Property Tax Division. The report was on the progress of county assessors to access the required 60% of market value level properties.

Hancock County and Marshall County are the only counties that fall below in any individual category. However, all counties are overall compliant.

The Commission also received updates on the following policies from the State Board of Education: Policy 2422.7 – Standards for Basic and Specialized Health Care Procedures, Policy 4150 – Student Driver Eligibility Certificate, Policy 5309 – County Superintendent Performance Evaluations, Policy 2512 – Transformative System of Support for Early Literacy, and Policy 2800 – Regulations for Juvenile Diversion and Transition Programs. Several of the policies are pending board approval this week.

Policy 2422.7 provides the standards for WV certified school nurses to assess student health needs and decide who is best skilled to respond to them. The proposed revisions to the policy would guide to school nurses who provide the care and/or delegate school-aged-student care.

Policy 4150 provides uniform guidelines for driver eligibility for students ages 15 to 17. The changes in this policy are to reflect changes made in Policy 2510, Assuring the Quality of Education: Regulations for Education Programs.

Policy 5309 regulates the approval processes by which county BOEs evaluated their superintendent’s performance. The amendments provide clarity.

Policy 2512 creates the Transformative System of Support for Early Literacy. The proposed amendments update language to reflect current practice and collaborative partners.

Policy 2800 establishes the rules and regulations for schools operated by the WV Schools of Diversion and Transition in providing education programs and services for students in juvenile corrections centers, juvenile detention centers, residential treatment facilities, and truancy diversion classrooms. The proposed amendments remove outdated language in the WCSDT policy and prodders manual.

For the full report, click here.

Legislative Oversight Commission on Health and Human Resources Accountability – May 10, 2021.

The Legislative Oversight Commission on Health and Human Resources Accountability met during May interims to discuss two topics. First, a discussion of Senate Bill 509, which proposed removing a requirement that determination of mental stability is found before admission to a mental health facility.

Senate Bill 509 failed to become law during this past session. The bill passed the Senate but was left on the inactive calendar in the House and was never voted on by that body.

What it proposed was a change in the current code to determine whether an individual is medically stable before admission to a mental health facility in every case. Previously, it was required that a licensed physician make that determination.

The final position of the bill would have proposed a strike and insert amendment to allow a circuit court, magistrate, or mental hygiene commissioner, in the involuntary commitment process, to order an exam of a person by a health care practitioner to determine medical stability in addition to a mental health examination for the purpose of a probable cause hearing.

Additionally, the strike and insert changed the institution of final commitment proceedings from 10 days to 15 days. Likewise, the time limit for the conclusion of proceedings is changed from 20 to 30 days. And finally, the strike and insert would have allowed a sheriff, arresting officer, or certified municipal police officer, once notified by the state hospital that the hospital lacked bed capacity, to take an individual to a diversion facility designated by the chief medical officer of the state hospital.

Speakers to the committee included the Chair of the Department of Psychiatry & Behavioral Medicine at Marshall University, the CEO of the Appalachian County Mental Health Center, the Cabell County Mental Hygiene Commissioner, and a representative from the West Virginia Sheriffs’ Association. They all expressed concern with the original proposal and a willingness to work together in a subcommittee to come up with a better way moving forward. They all agreed there that a one size fits all proposal would not work.

Next, the committee heard a report on behavioral health facilities in West Virginia from the Office of Health Facility Licensure and Certification (OHFLAC) within the Department of Health and Human Resources. The report detailed complaints over the past two to three years.

There are three kinds of behavioral health providers in West Virginia: group homes, which include intermediate care facilities for individuals with intellectual disabilities (ICF/IID), and residential units; outpatient services, including day programs; and substance use disorder facilities providing behavioral health services. These centers provide services for the treatment of individuals at-risk of or suffering from mental, behavioral, or addictive disorders.

According to the report, there are 611 licensed behavioral health sites in West Virginia, not including IDD waiver homes with three or fewer individuals. Of those, 228 are residential group homes.

The Director of OFLAC told the committee that the top complaints from all behavioral health centers in 2020 were abuse and neglect by staff, violation of rights and safety concerns. Intermediate care facilities and homes with more than three people are more carefully inspected than the waiver homes. The licensed homes require health inspections and fire marshal inspections and must be Americans with Disabilities Act compliant. The federal Centers for Medicaid and Medicare inspect the residences and provide oversight. But waiver homes are only inspected when there is a complaint. The list of incidents does not differentiate between the facilities, indicating that the issues are pervasive throughout the system. In several instances, neglect by staff led to deaths.

For the full report, click here. For a listing of incidents, click here.

The director further stated that there is a workforce issue, both in finding qualified professionals to assist these individuals and within her office. There are nine surveyors for behavioral health within OHFLAC and three vacancies. However, beginning June 1, OHFLAC will be able to assess civil money penalties against facilities that fail to come into compliance. State code will also be updated relating to patient rights, care and safety. And DHHR continues to work to get facilities into compliance.

Joint Legislative Committee on Flooding – May 10, 2021.

The Joint Legislative Committee on Flooding heard updates from the State Resiliency Office, RISE WV and Hazard Migration HUD Grant, Flood Insurance, and current flood situations from the WV Emergency Management Division.

The State Resiliency Office noted SB 389 would take effect July 4, 2021. The Office is Updating the State Flood Protection Plan, which is projected to be complete in Mid- 2022.

The Office currently has five working groups: WV Silver Jackets, State, FEMA and HUD Collaboration, Debris Management, Hazard Migration Joint Planning Committee, and the State Flood Protection Plan Update.

The WV Silver Jackets work to establish intergovernmental partnerships to create a comprehensive and sustainable solution to state flooding hazards. The collaboration between State FEMA and HUD increases communication between all sectors of federal, state, and local governments, therefore, increasing WV’s resiliency to disaster. The Debris Management Plan provides for organized clean-up after an emergency or natural disaster. The Hazard Mitigation Joint Planning Committee reviews and updates the current State Mitigation Plan as needed. The plan is to act as a framework model for counties and municipalities to reduce loss and prevent injury from all hazards. The State Flood Protection Plan is designed to reduce flooding damage in the future.

For the full report, click here.

RISE WV notified the Committee that the agency’s Housing Restoration Program doubled its accomplishments from last year. The agency has completed construction on 296 houses with 102 remaining. Of the 102 houses remaining, 79 are in the construction phase. These are homes that were affected by the 2016 flood.

Multifamily Housing Program provides housing to vulnerable households by offering to repair damaged multifamily rental houses. Projects for Community and Economic Development are projects that serve low-income areas. The Bridge Home Program reconstructs privately owned brides that provide primary access to a residence; 36 bridges have been completed. The Clearance and Demolition Program removes abandoned and deteriorating buildings; 42 demolitions have been completed.

For the full report, click here.

The WV Emergency Management Division seeks to increase Finance, Public Assistance, and Migration staff. The agency has experienced a decrease in staff. The agency has bimonthly virtual assessments of the current flood situation. The 2016 flood remains the largest public assistance and migration gran ever in WV.

This year there have been two major disaster declarations; both were in February. One was an ice storm in Cabell, Lincoln, Mason, Putnam, and Wayne counties. The other was a flood in Boone, Cabell, Kanawha, Lincoln, Logan, Mingo, and Wayne counties.

The Division working to update policies, procedures, and training. The Emergency Operations Center utilized virtual platforms due to COVID. The agency is implementing new software. The agency utilized DOC inmates and DOH for debris removal. Assistance was provided from the WV State Police, WV Forestry Division, DNR, and the National Guard to perform welfare checks in heavily damaged and inaccessible areas after disasters.

For the full report, click here.

Joint Legislative Committee on Government and Finance – May 10, 2021.

The Joint Committee on Government and Finance received an update on Broadband in the state. The committee received the monthly reports from the Lottery Commission, the Revenue Department, WorkForce WV, DHHR on CHIP and Medicaid, the WV Investment Management Board, and Workers Comp. Most of the updates were positive.

Proposed are four ARPA Broadband programs: Existing Network Line Extensions, Rapid Wireless Deployment Projects, Major Broadband Infrastructure Investment, and Local Government/Matching Broadband Funding Incentive. The four-part plan will cost $138 million of the federal American Rescue Plan Act funds. The primary objective is to get broadband to those who do not have it, then focus on improving broadband in the areas that do have it.

The Lottery Commission has introduced a new scratch-off that minimizes the cost of production, which in turn maximizes returns. The Lottery Revenue for March was $118.3 million.

April was a recovery month for the General Revenue Fund, which is at $539.8 million, up 38.9 percent increase from where it was last year. Sales tax is doing well because people are spending the stimulus payments. Personal Income Tax collections are up $98 million from what was estimated.

The WorkForce WV’s update included unemployment numbers. The March rate was 6.1 percent, a 0.8 percent decrease from the previous month. Some counties do have higher rates.

The CHIP program has had payment issues and complaints. The agency is working to get to the root of the problems and solve them. DHHR expects there not to be a Medicaid waitlist by the end of the year.

The WV Investment Management Board reported great numbers, up 21.4% from last Fiscal year. March’s numbers were up 2.8% from February.

For the full report, click here.