West Virginia Blue
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Clem failed to mention Senate Bill 614 in his most recent post. This bill creates a more democratic PSC process and begins to protect the interests of all West Virginians when the WV Public Service Commission reviews the need for interstate transmission lines.
Senate Bill 614, supported by the WV Environmental Council, Stop PATH WV and WV Citizens Against PATH, as well as thousands of citizens across West Virginia has just passed the 2010 West Virginia Legislature and is going to Governor Manchin for his signature. The bill passed the WV Senate on a unanimous vote and the WV House of Delegates with only two voting against it. The bill was amended three times, and the complete version of the final bill has not been posted on the Legislature Web site.
Senate Bill 614 contained two main provisions. The bill changes the way the West Virginia Public Service Commission handles applications for certificates of convenience and necessity for high voltage (over 200 kV) transmission lines.
West Virginia law on these transmission projects had failed to require the PSC to give priority to the impacts of new lines on West Virginia citizens and consumers. Senate Bill 614 remedies that problem by including these impacts in the list of impacts that the PSC must consider in these cases.
Existing West Virginia law also did not require that land owners who are under threat of land seizure for power lines be given notice when power companies file their applications at the PSC. Senate Bill 614 requires that all land owners within the power line's 2200-foot wide preferred construction corridor be given at least 30 days notice, by certified mail, that they have the right to intervene in the PSC case at least 30 days before the PSC sets a deadline for intervenors.
In both recent power line cases involving the PSC-approved TrAIL line and the pending PATH line, many land owners were prevented from exercising their rights to intervene in PSC cases, because they only found out that their property would be affected after the PSC closed the cases to new intervenors. Only intervenors can participate directly in decisions about whether the power line is needed or where it will be sited.
Senate Bill 614 will protect West Virginia power consumers, land owners and citizens from the abuse suffered by land owners and rate payers as a result of the TrAIL power line that the PSC approved in 2008. While the land owner protection provisions of the bill will not apply directly to the pending PATH case, the bill's other provision will influence presentation of evidence as the PSC considers evidence concerning PATH.
From an email... here's what the West Virginia Democratic Party is touting as the major legislative accomplishments this session.
The 2010 Legislative Session ended at 12:00am, Saturday, March 13. Listed below are some of the accomplishments of the Democratic-led Legislature:
ECONOMIC DEVELOPMENT
- Intermediate Business Courts (HB 4352) - creates new courts, within the existing system, to handle disputes between businesses to reduce the caseload in existing courts
- South Charleston Tech Park (SB 611) - allows the Higher Education Policy Commission to relocate its offices in the old Union Carbide/Dow Tech Park; preserving the research facility for potential business development
- Energy rate flexibility (SB 656) - allows the PSC to negotiate more flexible rates and payment plans for energy-intensive industries to help attract manufacturing
- Local labor for construction jobs (HB 4359) - requires local workers (within 50 miles) be hired for construction projects costing over $500,000
RESPONSIBLE GOVERNMENT
- Judicial Vacancy Advisory Commission (HB 4036) - creates a formal process to advise governors on appointments for judicial vacancies codifying existing practices
- State Vehicle Fleet Accountability (SB 219) - centralizes all of the state's vehicles under one office and established guidelines for their supervision to reduce cost
- State Supreme Court clean elections (HB 4130) - creates a pilot project for a publicly financed elections system for the 2012 State Supreme Court races so judicial candidates can be free from large-scale fundraising
- Elections Spending Disclosure (HB 4647) - increases the requirements for groups to disclose their political spending, giving the public more information about who is running ads
PUBLIC SAFETY
- Child Predator Unit (Budget bill) - increases the size of the State Police's child protection unit
- School Bus Safety (HB 4223) - increases penalties for traffic violations involving school buses and illicit drug offenses on school buses
EDUCATION
- School Building Authority (SB 229) - allows greater flexibility for the SBA to issue bonds, freeing more funding for school construction
- School Calendar Flexibility (HB 4040 & 4652) - allows counties more flexibility in designing their school calendar to ensure students get the full 180 days of instruction and creating local committees in each county to provide input
- High School Dropouts (HB 4593) - establishes several new measures to reduce the number of high school dropouts
My impression of this session is several bullets were dodged and, like many an election year, nothing much of note happened either.
Update: Calhouner reminds us of another bill of note, SB614.
"I'm standing here, 56 years old and compared to when I was 26, I didn't understand,'' West Virginia assistant coach Billy Hahn said. "I didn't realize everything you have to go through and overcome in your life and when a moment like this finally comes, there aren't words. There just aren't words.''
And then Hahn covered his mouth and blinked hard to make sure the tears stayed tucked in the corner of his eyes.
For West Virginia, a 60-58 victory over Georgetown delivered the first Big East tournament title in program history -- and the school's first league tourney title of any kind since the 1984 Atlantic 10 crown.
But for the players, the coaches, the school and the state, it delivered so much more.
The Mountaineers basketball team is littered with players and coaches who have sped down the path of success only to run full throttle into hurdles and obstacles. There have been arrests and suspensions, injuries and illness, even seemingly career-killing firings.
Yet the fans have never abandoned their players or coaches.
Maybe it's because the citizens of West Virginia get it. They've spent their whole lives ridiculed as rednecks and unrefined lumberjacks, mainly by people who have never even visited the state. Their flagship university? It has earned more distinction nationally as a party school than as a pillar of academic excellence or athletic success.
So when Da'Sean Butler scored yet another buzzer-beater to guarantee a lifetime of free drinks in the state, the sing-along to John Denver's anthem, "Take Me Home, Country Roads," was as much a thumbing of the nose to the rest of the world as it was a statewide celebratory exhale.
Make sure you read the whole column. When you look at WVU's record vs. Top 25 opponents, it's better than Duke's.
HB 4130 The Clean Elections (Public Financing) pilot project passed the Legislature last night. Our coalition, W Virginians for Clean Elections www.wvoter-owned.org has been working to pass some form of public financing since Granny D walked through WV in the fall & winter of 2000.
Many of us walked with her & we helped organized a festive greeting for her when she walked across the Belpre bridge into Parkersburg. Dennis Kucinich and other progressives walked with her across the bridge and the Mayor of Parkersburg greeted her and gave her a key to the city in a rally at city hall. Granny D walked along Rt 50 and stayed with many of our coalition supporters as she walked through some bitter winter weather with the trailer trucks dropping the wind chill below zero. She was a real citizen activist and a true patriot.
At our WV for Clean Elections coalition meeting next week we will be celebrating the passage of the Supreme Court Clean Elections pilot project and celebrating the life of Granny D who inspired us all. In some small way I hope the passage of this legislation will honor her memory.
I just heard today that a member of my extended family had another application for health insurance denied because of a pre-existing condition. This pre-existing condition is something she's had since birth--in fact, the best available scientific evidence suggests she inherited it from a parent, who also has this rare condition.
The denial letter from the insurance company helpfully suggested looking for a state program for coverage. In her case, she's a young adult who is potentially eligible for a state program but only if she goes for at least half a year un-covered by any insurance whatsoever. Meanwhile, she's at risk of major expenses if anything catastrophic happens.
Here's a young adult going to school part time who is falling between the cracks of any available health insurance plan. She's had health insurance her entire life and now that her COBRA coverage has run out she's joining the ranks of the uninsured.
For the conservatives and libertarians reading this who say "the market is the answer"--what we have here is a total market failure--no one will sell her insurance at any price. My relative's story is a hardly exceptional. There are people dying every day for lack of health care coverage.
How can it be that the wealthiest society that has ever existed on this planet is failing so badly to provide for the basic needs of its citizens?
Health care insurance reform can't happen quickly enough.
Keep at it, Sens. Byrd and Rockefeller, Reps. Mollohan and Rahall. We're counting on you to get health care reform passed this month.
The 2010 Jefferson-Jackson Dinner is just over a month away! The dinner will be held Saturday, April 17, at the Charleston Civic Center. This year's keynote speaker will be former U. S. Senate Majority Leader Tom Daschle (D-SD).
Democratic Party Chairman Nick Casey believes that while our nation is recovering from a national and global recession, people are interested in politics and want to understand how Washington works. "Senator Daschle and our JJ Dinner will help kick-off the 2010 election year," Casey said. "Senator Daschle worked well with our state's congressional delegation throughout his tenure. He will bring his many years of Capitol Hill experience to our dinner and will offer us a frank conversation about the inner workings of politics. We are sure to have an exciting night."
Tickets for the JJ Dinner can be purchased by calling the State Democratic Party HQ at (304) 342-8121. Tickets are on a first-come, first serve basis and are $75 each or $1,000 to reserve a table of 10 seats. JFK Society members must RSVP to receive their reception tickets.
HB 4277 - giving DEP Secretary signature authority for water quality permits.
HB 4513 - Marcellus Shale "Water Bill".
Please take the time early Saturday to call or e-mail your Delegates and especially the Speaker of the House, Rick Thompson. Ask them to REFUSE to concur with the Senate versions of HB 4277 and HB 4513.
HB 4277 Background: Gives the DEP Secretary the authority to sign NPDES water quality permits.
This change clearly violates provisions of the federal Clean Water Act that require NPDES permits to be issued and signed by the head of the "Expert Agency" in charge of a states Water Pollution Control program.
The Secretary of the Department of Environmental Protection is a political appointee and NOT an expert in water quality protection. The legislature should REJECT this bill.
HB 4513 Background: This WAS a good start for regulating withdrawal of water for drilling and fracturing these Marcellus shale wells. The bill contained regulations requiring identification of the contents of frac fluids - and set up a system for tracking the disposal of those fluids.
However, changes to this bill made by the Senate removed critical language that would have protected streams from being "sucked dry" by Marcellus Shale well drilling operations.
In addition, the Senate amended SB 369 into this bill! SB 369 would change the definition of a "shallow well" so that it applies to vertical Marcellus Shale wells. This would essentially legalize stealing of gas from neighboring mineral owners.
This bill is also bad for surface owners because without well spacing, there can be more of these larger sites on the surface, with no limit on how close together they can be. The bill is also bad for the environment because it would result in more well sites, meaning more forest fragmentation, more soil erosion and stream sedimentation, and increased risks to groundwater.
The legislature should KILL THIS BILL !
- Call the capitol toll free: (877)-565-3447 - you can leave a voice mail message for your particular Delegate. It will go directly to their office.
- Visit the capitol website: http://www.legis.state.wv.us You can locate your Delegate easily, and leave your e-mail message for them. Fast way: plug in your zip-code in the lower right of the page; click on submit - (your particular representatives contact information will appear).
The State School Board in Texas, the home of George W. Bush and Tom DeLay, has approved the most backward thinking, fundamentalist, right wing text book program ever seen in our country. The sad part of this story is that this ruling will affect students in many other parts of the country. You can read what the NY Times has to say about this by clicking here.
The conservative members maintain that they are trying to correct what they see as a liberal bias among the teachers who proposed the curriculum. To that end, they made dozens of minor changes aimed at calling into question, among other things, concepts like the separation of church and state and the secular nature of the American Revolution.
“I reject the notion by the left of a constitutional separation of church and state,” said David Bradley, a conservative from Beaumont who works in real estate. “I have $1,000 for the charity of your choice if you can find it in the Constitution.”
They also included a plank to ensure that students learn about “the conservative resurgence of the 1980s and 1990s, including Phyllis Schalfly, the Contract With America, the Heritage Foundation, the Moral Majority and the National Rifle Association.”
Dr. McLeroy pushed through a change to the teaching of the civil rights movement to ensure that students study the violent philosophy of the Black Panthers in addition to the Rev. Dr. Martin Luther King Jr.’s nonviolent approach. He also made sure that textbooks would mention the votes in Congress on civil rights legislation, which Republicans supported.
“Republicans need a little credit for that,” he said. “I think it’s going to surprise some students.”
It even gets worse as these folks are also making an attempt to improve the image of one of the worst Senators our country ever saw... Joe McCarthy. I lived through that abysmal era that had McCarthy and others seeing communists under every rock. I still have friends whose lives and careers were destroyed because their names or similar names were on the "black list".
Other changes seem aimed at tamping down criticism of the right. Conservatives passed one amendment, for instance, requiring that the history of McCarthyism include “how the later release of the Venona papers confirmed suspicions of communist infiltration in U.S. government.” The Venona papers were transcripts of some 3,000 communications between the Soviet Union and its agents in the United States.
In economics, the revisions add Milton Friedman and Friedrich von Hayek, two champions of free-market economic theory, among the usual list of economists to be studied, like Adam Smith, Karl Marx and John Maynard Keynes. They also replaced the word “capitalism” throughout their texts with the “free-enterprise system.” These “Let’s face it, capitalism does have a negative connotation,” said one conservative member, Teri Leo. “You know, ‘capitalist pig!’ ”
The next major fields of study to go in Texas will likely be real civics and real American History. There is a 30 day window for public comment with a final vote to take place in May. Chances are that nothing will change
A detailed study of the Texas School Board and standards particularly in regard to the church and state issue written by Russel Shorto back in February can be read by clicking here. It is a long article, but well worth your time.
The Appalachian Leadership and Education Foundation (ALEF), a non-profit organization funded by foundations and companies, supports and enables young men and women from Appalachia to pursue higher education though scholarship and leadership curriculum. The program includes an emphasis toward the preparation required to be the leaders of the next decade. The concept of operations for ALEF is to partner with established academic institutions across Appalachia to provide the technical skills necessary as the basis for credible leadership.
Obama picked 10 charities in all to make donations to, with ALEF being one of six charities that helps prepare students for higher education. Those six are each receiving $125,000. The other five are: American Indian College Fund, College Summit, the Hispanic Scholarship Fund, the Posse Foundation and the United Negro College Fund.
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