EC

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FW: PATH application to be filed May 15 (WV)
by Grubb, Karen 12 May '09

12 May '09

Here we go. From: Elena.Saxonhouse(a)sierraclub.org [mailto:Elena.Saxonhouse@sierraclub.org] Sent: Tuesday, May 12, 2009 3:50 PM To: CONS-ELP-TRANS-LINES-FORUM(a)LISTS.SIERRACLUB.ORG Cc: mikeual1(a)aol.com; mellis(a)eslc.org; billhowley(a)hughes.net; urbfarm(a)comcast.net; jkotcon(a)wvu.edu; stillman.susan(a)gmail.com; bart.hodgson(a)verizon.net; thomkat(a)verizon.net; fyoung(a)mountain.net; Grubb, Karen; welsharch(a)yahoo.com; JonFlan(a)aol.com; HollySFlan(a)aol.com; tob4(a)earthlink.net; bahillbilly(a)gmail.com; robinmann(a)earthlink.net; Mary.Bathory.Vidaver(a)loudoun.gov; sallykurtz(a)aol.com; Naomi.lithgowfoidl(a)loudoun.gov; Jack.roberts(a)loudon.gov; Jim.burton(a)loudoun.gov; Tyler.oyler(a)gmail.com; sallywilts(a)yahoo.com; sgrove(a)jeffersoncountywv.org; tprice(a)brandywine.org; overland(a)redwing.net; rklein(a)ceds.org; kengineer(a)rstarmail.com; matthew(a)nearbygalaxy.com; o6redleg(a)aol.com; alana.wase(a)mdsierra.org; Wvbiker98(a)aol.com; Jpfeeney2(a)gmail.com; dgetty(a)milesstockbridge.com; Terry.black(a)erm.com; kbcbab(a)aol.com; jgoodall(a)brandywine.org; william.depaulo(a)gmail.com; jsurkamp(a)comcast.net; g.kreitler(a)comcast.net; bwest(a)pecva.org; rmarmet(a)pecva.org; glenbesasc(a)earthlink.net; mbrownstein(a)edf.org; John Rogers; Chris James; Glen Hooks; overland(a)legalectric.org; wburns(a)burnslegal.net Subject: PATH application to be filed May 15 (WV) Importance: High We received notice from PATH's counsel that they will be filing their application to the West Virginia PSC this Friday, May 15. The application will be available on the PSC web site. Sierra Club plans to intervene in the PSC proceedings in opposition to the line. We expect the Maryland and Virginia applications to follow shortly. If you are interested in receiving further updates/discussion on PATH, and have not yet joined this mailing list, please sign up. That is how I will be communicating with the group going forward (and have been for the last few weeks). To join, please click on this link: http://lists.sierraclub.org/SCRIPTS/WA.EXE?SUBED1=CONS-ELP-TRANS-LINES-F ORUM&A=1 To post to the list, which primarily includes people who attended the strategy meeting in March, you can e-mail cons-elp-trans-lines-forum(a)lists.sierraclub.org. Thanks everyone -- looking forward to working with you to stop PATH. Elena Saxonhouse Sierra Club Environmental Law Program 85 Second St., 2nd Floor San Francisco, CA 94105 (415) 977-5765 (415) 977-5793 (fax)

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Re: [EC] NYTimes.com: China Outpaces U.S. in Cleaner Coal-Fired Plants
by Jim Sconyers 11 May '09

11 May '09

and I think I recall that they're ahead of us in windpower Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Mon, 5/11/09, william.depaulo(a)gmail.com <william.depaulo(a)gmail.com> wrote: From: william.depaulo(a)gmail.com <william.depaulo(a)gmail.com> Subject: [EC] NYTimes.com: China Outpaces U.S. in Cleaner Coal-Fired Plants To: ec(a)osenergy.org Date: Monday, May 11, 2009, 7:15 AM E-Mail This #yiv681761702 footer { font-family:arial, helvetica, sans-serif;font-size:10px;color:#000000;} #yiv681761702 td.footer { font-family:arial, helvetica, sans-serif;font-size:10px;color:#000000;} #yiv681761702 a.footer { font-family:arial, helvetica, sans-serif;font-size:10px;color:#000066;} #yiv681761702 font.emailHeader { font-family:arial, helvetica, sans-serif;font-size:13px;color:#CC6633;font-weight:bold;padding-bottom:4px;} #yiv681761702 bgc1 { background-color:#F5F4F4;} #yiv681761702 td.bgc1 { background-color:#F5F4F4;} #yiv681761702 bgc2 { background-color:#F8F8F8;} #yiv681761702 td.bgc2 { background-color:#F8F8F8;} #yiv681761702 { font-family:arial, helvetica, sans-serif;font-size:12px;} #yiv681761702 td.bodycopy { font-family:arial, helvetica, sans-serif;font-size:12px;} #yiv681761702 a.bodycopy { font-family:arial, helvetica, sans-serif;font-size:12px;color:#000066;} #yiv681761702 small { font-family:arial, helvetica, sans-serif;font-size:11px;} #yiv681761702 td.small { font-family:arial, helvetica, sans-serif;font-size:11px;} #yiv681761702 a.small { font-family:arial, helvetica, sans-serif;font-size:11px;color:#000066;} #yiv681761702 advertisement { font-family:arial, helvetica, sans-serif;font-size:9px;color:#999999;} #yiv681761702 td.advertisement { font-family:arial, helvetica, sans-serif;font-size:9px;color:#999999;} #yiv681761702 a.advertisement { font-family:arial, helvetica, sans-serif;font-size:9px;color:#000066;} #yiv681761702 contextadbg { border-top:1px solid #BFBFBF;border-bottom:1px solid #BFBFBF;margin-bottom:3px;} #yiv681761702 contextadheader { font-family:arial, helvetica, sans-serif;color:#98BC61;font-size:11px;font-weight:bold;} #yiv681761702 contextaddisclaimer { font-family:arial, helvetica, sans-serif;color:#999999;font-size:10px;padding-bottom:8px;} #yiv681761702 contextadtext { font-family:arial, helvetica, sans-serif;color:#000000;font-size:11px;padding-top:8px;padding-bottom:8px;padding-left:11px;padding-right:11px;margin-bottom:3px;} #yiv681761702 contextAdMiscText { font-family:arial, helvetica, sans-serif;color:#000000;font-size:11px;padding-left:11px;padding-right:11px;} This page was sent to you by: william.depaulo(a)gmail.com INTERNATIONAL / ASIA PACIFIC | May 11, 2009 China Outpaces U.S. in Cleaner Coal-Fired Plants By KEITH BRADSHER While Americans debate the use of so-called clean coal, China is mastering the application of the technology. 1. Backlash: Women Bullying Women at Work 2. Frugal Portland 3. Op-Ed Columnist: The American Press on Suicide Watch 4. A Journey Through Darkness 5. Op-Ed Columnist: Put Aside Logic » Go to Complete List Advertisement 500 Days of Summer, starring Joseph Gordon-Levitt and Zooey Deschanel. This is not a love story. This is a story about love. Watch the new trailer! Click here to view trailer Copyright 2009 The New York Times Company | Privacy Policy _______________________________________________ EC mailing list EC(a)osenergy.org http://osenergy.org/mailman/listinfo/ec

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NYTimes.com: China Outpaces U.S. in Cleaner Coal-Fired Plants
by william.depaulo＠gmail.com 11 May '09

11 May '09

This page was sent to you by: william.depaulo(a)gmail.com. INTERNATIONAL / ASIA PACIFIC | May 11, 2009 China Outpaces U.S. in Cleaner Coal-Fired Plants By KEITH BRADSHER While Americans debate the use of so-called clean coal, China is mastering the application of the technology. http://www.nytimes.com/2009/05/11/world/asia/11coal.html?emc=eta1 ---------------------------------------------------------- ABOUT THIS E-MAIL This e-mail was sent to you by a friend through NYTimes.com's E-mail This Article service. For general information about NYTimes.com, write to help(a)nytimes.com. NYTimes.com 620 Eighth Avenue New York, NY 10018 Copyright 2009 The New York Times Company

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Tom Toles on cap-and-trade 5.10.2009
by Jim Sconyers 10 May '09

10 May '09

http://www.washingtonpost.com/wp-dyn/content/opinions/tomtoles/ Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last.

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Fw: Double Victory: Coal Companies Pay for KY, TN Illegal Mining
by Jim Sconyers 06 May '09

06 May '09

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Wed, 5/6/09, Oliver Bernstein <oliverbernstein(a)austin.rr.com> wrote: From: Oliver Bernstein <oliverbernstein(a)austin.rr.com> Subject: Double Victory: Coal Companies Pay for KY, TN Illegal Mining To: "'Oliver Bernstein'" <oliver.bernstein(a)sierraclub.org> Date: Wednesday, May 6, 2009, 1:42 PM For Immediate Release – May 6, 2009 Contacts: Oliver Bernstein, Sierra Club, 512.477.2152 Landmark Tennessee , Kentucky Settlements a “Double Victory” for Appalachia Unpermitted Mountaintop Removal Coal Mining Violations Point to Widespread Unlawful Stream Destruction TECO Coal and Appolo Fuels to Pay for Illegal Mining Eastern Tennessee & Eastern Kentucky – Sierra Club, Kentuckians For The Commonwealth (KFTC), Save Our Cumberland Mountains (SOCM) and Tennessee Clean Water Network (TCWN) today announced two settlements over separate legal claims against coal companies that operated mountaintop removal coal mines without permits. Appolo Fuels, Inc. will pay for having destroyed streams at its Jellico mine site in Claiborne County , Tennessee . TECO Coal and subsidiary Clintwood Elkhorn will pay for its illegal coal mining practices in Pike County , Kentucky . Mining companies’ flagrant disregard for the Clean Water Act permitting process, designed to protect the health and safety of waterways and communities, is a problem across Appalachia . The legal actions against Appolo and TECO are part of a larger effort to stop illegal mining throughout Appalachia . The groups will continue to push for increased public involvement and a more open permitting process to prevent future illegal mining. “These settlement agreements send a message to coal companies that they will not get away with illegal mining,” said Mary Anne Hitt, Deputy Director of the Sierra Club’s Beyond Coal Campaign. “This taste of justice for Appalachians should help prevent similar destruction elsewhere in the region.” TENNESSEE In the Tennessee settlement, Appolo Fuels, Inc. will pay approximately $120,000 to the Tennessee Parks and Greenways Foundation to protect land in the eastern part of the state. The payment comes in exchange for a commitment from SOCM, TCWN and the Sierra Club to drop their claims against Appolo for the company’s illegal filling of streams in conjunction with the mine. The groups had notified Appolo in June 2008 of their intention to sue over the company’s destruction of streams at its Jellico mine site in Claiborne County , Tennessee without the permits required by law. “We couldn't be happier,” said Cathie Bird of SOCM. “ Claiborne County has been monumentally wrecked by many years of surface mining, and this settlement may help get a little piece of it back.” Officials with the Army Corps of Engineers had earlier confirmed to the coalition that Appolo has been operating outside the law, dumping mining waste into streams, constructing sediment holding ponds in streams, and mining through streams at the Jellico mine site. According to the Tennessee Department of Environment and Conservation, Appolo illegally disturbed twenty streams at Jellico mine. “The Tennessee Clean Water Network is pleased with the cooperation of Appolo Fuels in redressing their violations of the Clean Water Act and excited at the opportunity to participate in the protection of water resources in northeastern Tennessee,” said Axel Ringe of the Sierra Club Tennessee Chapter and TCWN. KENTUCKY In the Kentucky settlement, Clintwood Elkhorn (a TECO Coal subsidiary) will pay approximately $250,000 to the Kentucky Fish and Wildlife Foundation for stream restoration activities in the Levisa Fork watershed. The payment comes in exchange for a commitment from KFTC and the Sierra Club to drop their September 2008 lawsuit against Clintwood Elkhorn for illegal coal mining practices in Pike County . “It's a shame that the state couldn't enforce the law and keep TECO from further destroying our land and steams,” said Doug Justice, a resident of Island Creek in Pike County . “If only the state would do their job we wouldn't be in this mess.” The lawsuit that gave rise to this settlement claimed that Clintwood Elkhorn dumped rocks, dirt and other mining waste into important headwater streams in the Millers Creek watershed without the permits required by law for such dumping. The EPA has 45 days from today to review the proposed settlement. Mountaintop removal mining is a destructive form of coal mining that has already contaminated or destroyed nearly 2,000 miles of streams. The mining poisons drinking water, lays waste to wildlife habitat, increases the risk of flooding and wipes out entire communities. With explosives and bulldozers standing by across Appalachia , it will take tough enforcement and more rule changes and legislation to end mountaintop removal coal mining. The Tennessee groups are represented by Joe Lovett with the Appalachian Center for the Economy and the Environment and attorney Mary Eugenia Lewis. The Kentucky groups are represented by Lovett and by attorney W. H. Graddy. # # # ________________________________________ Oliver Bernstein Sierra Club Deputy Press Secretary 1202 San Antonio St. Austin, Texas 78701 Phone: 512.477.2152 Fax: 512.477.8526 Cell: 512.289.8618 Email: Oliver.Bernstein(a)sierraclub.org www.sierraclub.org

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FW: FW: Governor's Letter Rips Transmission Legislation
by Grubb, Karen 06 May '09

06 May '09

Interesting! From: Patience Wait [mailto:pwaitster@gmail.com] Sent: Wednesday, May 06, 2009 11:29 AM To: Bill Howley; John Christianson; Paul Wilson; Beth Anne Boyd; Donna Printz; Thomas and Kathy Hildebrand; Grubb, Karen; Daniel Chiotos; Mike Johnson; doug.kaplan(a)sugarloafconservancy.org Subject: Fwd: FW: Governor's Letter Rips Transmission Legislation I just received this attached letter from PEC - read, savor, and let's figure out how to use it! Patience ---------- Forwarded message ---------- From: Bri West <bwest(a)pecva.org> Date: Wed, May 6, 2009 at 10:26 AM Subject: FW: Governor's Letter Rips Transmission Legislation To: Malcolm Baldwin <malcolm(a)weatherleafarm.com>, Bart Hodgson < bart.hodgson(a)verizon.net>, Carol Hodgson <carolhod(a)aol.com>, Keith Lawson <lawson20180(a)gmail.com>, Dan Dunlap <mom1110031(a)aol.com>, Bill & Christy Matarazzo <bill_christy(a)msn.com>, bpotthoff(a)verizon.net, adehaan(a)signalcompanies.com, paradefieldfarm(a)aol.com, Jim Crowley < uuplink(a)aol.com>, Casey Chlebowski <casey16(a)verizon.net>, Hanno Rittner <hawnno(a)yahoo.com>, Jeff Pearl <jeffreypearl(a)verizon.net>, Dee Dunn < deedunn(a)rstarmail.com>, tylee ulmer <tylee_ulmer(a)yahoo.com>, JonFlan(a)aol.com, Holly S Flannery <HollySFlan(a)aol.com>, Mike Johnson < MIKEUAL1(a)aol.com>, Judy Randal <circa1791(a)yahoo.com>, owner(a)goetc.com Cc: pwaitster(a)gmail.com, rob(a)pecva.org Hi everyone! I've attached the letter from 10 East Coast governors calling into question the need or wisdom of a 'transmission superhighway'. It's better than I could have written myself, and much more strongly worded that I would have expected. Although they miss the coal-connection, the Governors are now on record saying local generation is a more reliable way to meet power needs than long-distance transmission. I think it would be wise to thank Governor Kaine for signing on, while highlighting PATH as a project that would further disadvantage off-shore wind, energy efficiency, and distributed generation. http://www.governor.virginia.gov/AboutTheGovernor/contactGovernor.cfm Bri

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FW: Power Line Informational Meeting in Buckhannon May 8th
by Grubb, Karen 05 May '09

05 May '09

Please help us publicize this to your friends and family and other lists. _____________________________________________ From: Grubb, Karen Sent: Monday, May 04, 2009 8:53 PM To: 'timeswv(a)timeswv.com' Subject: Power Line Informational Meeting in Buckhannon May 8th Media Release- For Immediate Release May 4, 2009 Contact: Karen Grubb by e-mail: Karen.Grubb(a)fairmontstate.edu By Phone: 304-367-4878 or 304-657-0812 Buckhannon Informational Meeting on Power Line Set for May 8th Concerned citizens of Upshur County, along with WV Sierra Club and WV Highlands Conservancy, are sponsoring an informational public meeting about the proposed new large PATH power line. PATH is the proposed Potomac-Appalachian Transmission Highline (PATH) 765 Kilovolt power line proposed to run 244 miles from American Electric Power's (AEP) John Amos coal fueled power plant near St. Albans, WV, across central and north-eastern West Virginia, including Upshur County, to northeast of Martinsburg, WV, then from there an additional 46 miles to near Frederick, Md. The "PATH" informational public meeting will be held on May 8, 2009 at Kresge Hall in the basement of the Martin Religious Center at WV Wesleyan College in Buckhannon. Enter on either side of the chapel from the rear of the chapel and go downstairs. Desserts, coffee, and conversation will begin at 6:30 PM and the program will start at 7:00 PM. Please join us. At this meeting citizens can learn about PATH, its many costs, proposed routes, and how citizens can take effective action to protect their interests. Speakers, displays and maps will inform citizens and enable them to inform others. For more information contact: Karen Grubb by e-mail: Karen.Grubb(a)fairmontstate.edu , or by phone at 304-367-4878 or 304-657-0812. End of release -30-

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Re: [EC] WV E-Council Legislative Report
by Grubb, Karen 05 May '09

05 May '09

This was sent by Don Garvin specifically to the WVHC and I forwarded from Frank. Of course he appreciates the Sierra Club's support, also! From: Grubb, Karen Sent: Monday, May 04, 2009 2:03 PM To: 'WV Chapter Energy Committee' Subject: FW: WV E-Council Legislative Report I don't know if this has already been sent around. WV Legislature Adjourns . . . Sort Of By Donald S. Garvin, Jr. WVEC Legislative Coordinator The 79th session of the West Virginia Legislature - the 2009 session - adjourned at around midnight on Saturday, April 11 (actually, the House of Delegates adjourned at 11:40 PM that evening, leaving a long list of bills still awaiting final action on its calendar). The recent practice has been for both houses to reconvene the following week to take up the state budget. But this year they adjourned until May 26, when they will reconvene, apparently for about ten days, to do the budget, and a host of other things. They have already announced that an abbreviated May Interim Session will coincide with reconvening for the upcoming "Extended Budget Session." And the Governor has announced that he will call a Special Session to coincide with the extended session. At this point, none of the major bills affecting the environment have been signed by the Governor, and the Legislature is sending him small packets of bills for his approval, thereby nullifying the normal 15-day deadline for signing or vetoing a bill. So a final wrap up article from me for the 2009 Session will likely have to wait for the July issue of the Voice. According to the Legislature's web site 2,113 bills were introduced during the 2009 Session, with only 226 of those bills ultimately being passed by both the House and the Senate. Here is a brief summary of some of the environmental bills that made it through the sausage-grinding process, and some that did not. HB 2535, Solar Energy Tax Credit - awaiting Governor's signature. The bill provides a state personal income tax credit of up to $2,000 for the installation of a residential solar energy system, and would also require a "net metering" credit for any excess electricity generated. The bill was sponsored by Del. Bill Wooton (D-Raleigh), with a "same as" bill in the Senate sponsored by Sen. John Unger (D-Berkeley). WVEC lobby team member John Christensen worked hard in lobbying for passage of this bill. SB 40, Repeal of WV Nuclear Power Ban - died early in Senate Energy, Industry and Mining Committee. The bill's chief sponsor was Sen. Brooks McCabe (D-Kanawha), who argued that new generation nuclear power was "safe" and that "nuclear power should be included in the state's energy mix." We felt otherwise. However, look for this issue to be "studied" in upcoming Interims. SB 600, Special Reclamation Fund Tax - awaiting Governor's signature. As proposed, the bill would have extended for five years the 14.4-cent special reclamation tax imposed on each ton of coal mined. The tax is to be used for reclamation of coal mines abandoned after the passage of the federal Surface Mine Control and Reclamation Act. However, coal industry lobbyists were successful in extending the tax for just two years. Everyone knows this fund is totally insufficient to deal with current and future needs. SB 461, Extending Selenium Effluent Limits Compliance Time - awaiting Governor's signature. This terrible bill gives the coal industry a more than two-year extension to comply with water quality standards for the toxic selenium they discharge from their mining operations, in addition to the current 3-year extension already granted to the industry. Department of Environmental Protection Secretary Randy Huffman first said he opposed the bill, but then in the final week of the session changed his tune and said he supported it. Every committee that dealt with this bill was told by committee staff attorneys that the measure did not comply with provisions of both state and federal law for changes to water quality standards, and that the federal EPA would likely not approve the change. Apparently the Legislature was in no mood to consider such trivialities. SB 45, Authorizing DEP Secretary to Sign NPDES Permits - died in House Judiciary Committee. WVEC has successfully opposed this perennial agency proposal for several years now. The federal Clean Water Act clearly states that NPDES permit authority rests with the head of the state water permitting division, in order to comply with conflict of interest provisions of the federal law. SB 753, Limiting Land Development Ordinances - died in House Judiciary Committee. This bill would have prevented counties and municipalities from adopting ordinances to regulate natural resource extraction (such as mining, oil and gas drilling, and timbering). WVEC lobby team member Leslee McCarty worked hard in lobbying against passage of this bill. HB 2931, Removing Timber Severance Tax - awaiting Governor's signature. This bill gives the timber industry a 3-year "holiday" from paying the almost insignificant timber severance tax. The Governor has opposed this in the past. We will have to wait and see how he's feeling this year. Finally, the Governor announced in his State of the State address a series of "major" energy initiatives. Four major bills were introduced. Only one of the four bills successfully passed both chambers. Here's the current status of those bills. SB 297, Alternative and Renewable Energy Portfolio Act - won final approval from the House on the last day of the session, but was sent back to the Senate without all of the House amendments attached. So it's dead for now. The Governor's bill created a phony "Renewable Portfolio Standard" that included lots of "clean coal" technologies and burning waste tires, and lacked any emphasis on implementing energy efficiency measures. SB 375, Office of Coalfield Community Development Master Land Use Plans - died in the House on the final night (I am told it was held hostage over a bill dealing with Sunday liquor sales!). This was the Governor's post-mining land use bill, and is basically another attempt to get around the "approximate original contour" provisions of SMCRA and to promote "clean coal" projects on mountaintop removal mine sites. HB 3000, Transmission Line Tax - died in the House on the last day for bills to pass out of the house of origin. The tax on electricity transmission proposed in this bill was the Governor's excuse for not opposing the construction of the proposed huge TrailCo and PATH transmission lines. Imposition of this tax posed major constitutionality questions. HB 2860, Regulating Sequestration and Storage 0f Carbon Dioxide - awaiting Governor's signature. This bill sets up a beginning regulatory structure for the underground injection of carbon dioxide. It establishes a "carbon sequestration working group" under the supervision of the DEP to further develop the regulations and to tackle issues such ownership of the "pore space" where the CO2 is to be stored and the long-term liability for the storage. WVEC was successful in getting several improving amendments adopted to this bill, including a seat for the environmental community on the working group. It's a sure bet that one or more of these bills that failed to pass in the regular session will be included in the Governor's special session at the end of May. Finally, no matter the ultimate outcome of the 2009 Session, the West Virginia Environmental Council's lobby team again had a respectable presence at the Capitol and made a significant impact on environmental legislation. And we thank the West Virginia Highlands Conservancy for its continued support.

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AEP Carbon Sequestration Permit Issued
by William V. DePaulo, Esq. 05 May '09

05 May '09

...am trying to get copy of final permit now. -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com

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FW: WV E-Council Legislative Report
by Grubb, Karen 04 May '09

04 May '09

I don't know if this has already been sent around. WV Legislature Adjourns . . . Sort Of By Donald S. Garvin, Jr. WVEC Legislative Coordinator The 79th session of the West Virginia Legislature - the 2009 session - adjourned at around midnight on Saturday, April 11 (actually, the House of Delegates adjourned at 11:40 PM that evening, leaving a long list of bills still awaiting final action on its calendar). The recent practice has been for both houses to reconvene the following week to take up the state budget. But this year they adjourned until May 26, when they will reconvene, apparently for about ten days, to do the budget, and a host of other things. They have already announced that an abbreviated May Interim Session will coincide with reconvening for the upcoming "Extended Budget Session." And the Governor has announced that he will call a Special Session to coincide with the extended session. At this point, none of the major bills affecting the environment have been signed by the Governor, and the Legislature is sending him small packets of bills for his approval, thereby nullifying the normal 15-day deadline for signing or vetoing a bill. So a final wrap up article from me for the 2009 Session will likely have to wait for the July issue of the Voice. According to the Legislature's web site 2,113 bills were introduced during the 2009 Session, with only 226 of those bills ultimately being passed by both the House and the Senate. Here is a brief summary of some of the environmental bills that made it through the sausage-grinding process, and some that did not. HB 2535, Solar Energy Tax Credit - awaiting Governor's signature. The bill provides a state personal income tax credit of up to $2,000 for the installation of a residential solar energy system, and would also require a "net metering" credit for any excess electricity generated. The bill was sponsored by Del. Bill Wooton (D-Raleigh), with a "same as" bill in the Senate sponsored by Sen. John Unger (D-Berkeley). WVEC lobby team member John Christensen worked hard in lobbying for passage of this bill. SB 40, Repeal of WV Nuclear Power Ban - died early in Senate Energy, Industry and Mining Committee. The bill's chief sponsor was Sen. Brooks McCabe (D-Kanawha), who argued that new generation nuclear power was "safe" and that "nuclear power should be included in the state's energy mix." We felt otherwise. However, look for this issue to be "studied" in upcoming Interims. SB 600, Special Reclamation Fund Tax - awaiting Governor's signature. As proposed, the bill would have extended for five years the 14.4-cent special reclamation tax imposed on each ton of coal mined. The tax is to be used for reclamation of coal mines abandoned after the passage of the federal Surface Mine Control and Reclamation Act. However, coal industry lobbyists were successful in extending the tax for just two years. Everyone knows this fund is totally insufficient to deal with current and future needs. SB 461, Extending Selenium Effluent Limits Compliance Time - awaiting Governor's signature. This terrible bill gives the coal industry a more than two-year extension to comply with water quality standards for the toxic selenium they discharge from their mining operations, in addition to the current 3-year extension already granted to the industry. Department of Environmental Protection Secretary Randy Huffman first said he opposed the bill, but then in the final week of the session changed his tune and said he supported it. Every committee that dealt with this bill was told by committee staff attorneys that the measure did not comply with provisions of both state and federal law for changes to water quality standards, and that the federal EPA would likely not approve the change. Apparently the Legislature was in no mood to consider such trivialities. SB 45, Authorizing DEP Secretary to Sign NPDES Permits - died in House Judiciary Committee. WVEC has successfully opposed this perennial agency proposal for several years now. The federal Clean Water Act clearly states that NPDES permit authority rests with the head of the state water permitting division, in order to comply with conflict of interest provisions of the federal law. SB 753, Limiting Land Development Ordinances - died in House Judiciary Committee. This bill would have prevented counties and municipalities from adopting ordinances to regulate natural resource extraction (such as mining, oil and gas drilling, and timbering). WVEC lobby team member Leslee McCarty worked hard in lobbying against passage of this bill. HB 2931, Removing Timber Severance Tax - awaiting Governor's signature. This bill gives the timber industry a 3-year "holiday" from paying the almost insignificant timber severance tax. The Governor has opposed this in the past. We will have to wait and see how he's feeling this year. Finally, the Governor announced in his State of the State address a series of "major" energy initiatives. Four major bills were introduced. Only one of the four bills successfully passed both chambers. Here's the current status of those bills. SB 297, Alternative and Renewable Energy Portfolio Act - won final approval from the House on the last day of the session, but was sent back to the Senate without all of the House amendments attached. So it's dead for now. The Governor's bill created a phony "Renewable Portfolio Standard" that included lots of "clean coal" technologies and burning waste tires, and lacked any emphasis on implementing energy efficiency measures. SB 375, Office of Coalfield Community Development Master Land Use Plans - died in the House on the final night (I am told it was held hostage over a bill dealing with Sunday liquor sales!). This was the Governor's post-mining land use bill, and is basically another attempt to get around the "approximate original contour" provisions of SMCRA and to promote "clean coal" projects on mountaintop removal mine sites. HB 3000, Transmission Line Tax - died in the House on the last day for bills to pass out of the house of origin. The tax on electricity transmission proposed in this bill was the Governor's excuse for not opposing the construction of the proposed huge TrailCo and PATH transmission lines. Imposition of this tax posed major constitutionality questions. HB 2860, Regulating Sequestration and Storage 0f Carbon Dioxide - awaiting Governor's signature. This bill sets up a beginning regulatory structure for the underground injection of carbon dioxide. It establishes a "carbon sequestration working group" under the supervision of the DEP to further develop the regulations and to tackle issues such ownership of the "pore space" where the CO2 is to be stored and the long-term liability for the storage. WVEC was successful in getting several improving amendments adopted to this bill, including a seat for the environmental community on the working group. It's a sure bet that one or more of these bills that failed to pass in the regular session will be included in the Governor's special session at the end of May. Finally, no matter the ultimate outcome of the 2009 Session, the West Virginia Environmental Council's lobby team again had a respectable presence at the Capitol and made a significant impact on environmental legislation. And we thank the West Virginia Highlands Conservancy for its continued support.

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