By Luanne McGovern, West Virginia Highlands Conservancy

As of this writing, the 88th West Virginia Legislative session is almost complete. Following the Legislature sometimes feels like one is living in an alternative reality. When faced with the myriads of problems in West Virginia – flooding, lack of clean drinking water, foster care crisis, population decline, school closures – the Legislature continues to focus on fringe and downright crazy ideas that will do nothing to address these critical issues.

Over 2,750 bills have been introduced this session (quite possibly a record) and so far, fewer than 50 have been passed. For comparison, last year, only 10% of the bills introduced were passed. The “positive” side of this is that there is less time available to advance the truly bad bills that the Highlands Conservancy focuses on – those that impact the Highlands and the environment.

Unfortunately, SB641 may advance. This bill would further weaken inspection requirements for aboveground storge tanks, requirements that were put in place following the 2014 Freedom Industries spill in Charleston. Thanks to everyone who responded to our action alert SB641 Alert and letting your representatives know that protecting clean water is an imperative.

HB4983 – “Authorizing the Department of Commerce to promulgate a legislative rule relating to certification of a microgrid district or certification as a high-impact data center” – is the follow-up bill to last year’s HB2014 about data centers. Multiple attempts were made to make meaningful amendments to the bill, especially around water usage and return of local control. Unfortunately, all the amendments were defeated. At the last minute, a few words were added that would require developers to disclose whether their water use would contribute to an “inordinate burden” on neighboring properties’ water access. While we appreciate the effort that went into obtaining this addition, the wording is so vague and the requirements so, it is difficult to imagine how this would be enforced. In addition, all the information a developer must provide to the Commerce Department is confidential, so there is no mechanism for neighbors to even obtain information on water access. The bill has passed the House and will be approved by the Senate.

Numerous bad bills died a quiet death in committee. HB4556 (net metering), SB88 (community air monitoring), SB475 (the anti-science bill), multiple data center bills, and multiple off-road vehicle bills, again introduced by Senator Maynard, are dead for another year, but will rise like zombies next year. SB708, which would improve river access across the state, was again, unfortunately, defeated in the Senate.

WVHC partners each year with the West Virginia Environmental Council and their fantastic lobbyists, who do a herculean job in the face of monumental opposition. If you can, consider donating to support their critical efforts at wvecouncil.org

Thanks again for your support during the last 60 days.