A discussion on a signature piece of legislation being
advanced by Republicans featured disagreement Monday when the current and
former president of the state Senate fell on different sides over whether the
bill should require a jobs impact study.
Former Senate President Jeff Kessler, D-Marshall, called for
a study of Senate Bill 1, a piece of legislation that some have referred to as
a cap-and-trade bill.
During a six minute speech, Kessler reminded President Bill
Cole, R-Mercer, that the chamber passed a rules package that included the
opportunity to generate a study at the president’s discretion.
“Sound public policy should be based on accurate
information. The better information that we have, the better policy we can put
out,” said Kessler, the Minority Leader. “As we are moving forward here, I know
SB 1 is moving fairly quickly. Mr. President, I would suggest to you as the
leader of the body that that may be a bill that is a prime opportunity for us
to look at a job impact statement of that bill.”
Kessler noted he did not make the motion to be an
obstructionist and he did, in fact, support Senate Bill 1.
“I think its important and I’m concerned Mr. President if we
pass this bill that we look at the total job impact it may create. And I know
the objective is to create more coal jobs. I’m all for that,” Kessler said.
Kessler wanted to know whether the legislation could
negatively affect the creation of gas production jobs as well as gain a better
understanding of the bill, which he said often has been characterized as a
cap-and-trade bill.
“I don’t know if it is or it isn’t,” he said. “I’ve heard
folks from the industry say it is not a cap-and-trade bill. What is it?”
Kessler said the current bill “doesn’t do nothing.” He cited
testimony from energy industry executives who said during last week’s Senate
energy committee meeting that they had already met the required standards of
the state’s Alternative and Renewable Energy Portfolio Act, which was
originally passed in 2009 under then-Gov. Joe Manchin.
“The overriding fact and the truth of the matter is, if
we’ve got a bill that does nothing, we’re going to repeal it and it’ll do
nothing, then the simple math of it is zero plus zero still equals zero,” he
said before concluding his remarks.
Its been suggested that the passage of Senate Bill 1 would
help lower utility rates for consumers, Kessler said, but an impact study would
help determine if that would be true.
After Kessler’s speech, Cole said he didn’t think the bill
would be the best one to involve a jobs impact study.
“I think that we have a study-it-to-death mentality in West
Virginia and I want to get away from that,” Cole said.
Cole’s remarks reflect a similar sentiment he expressed
during his swearing in speech last week.
“The time for studies is over,” Cole said last week. “I do
not believe the problems we face as West Virginians are ones that can be solved
by commissioning another study that will tell us what we already know: We have
work to do.”
But following Cole’s swearing in speech, the Republican-led
Senate inserted language into the body’s rules that would allow an economic
impact study if the Senate president thought a particular issue warranted one.
Cole said jobs studies, which under the new rule can only be
generated at his discretion, should be there for “when we really are puzzled.”
Cole said he would consider Kessler’s latest request but he
also questioned a few assertions by the new minority leader.
“If this bill does nothing and did nothing, how could it
possibly affect jobs?” Cole asked with a chuckle, while in the same breath
saying he disagreed with the assessment that the bill accomplishes nothing.
“I believe that this bill is having government weigh in on a
decision that the power generators should be making,” he said. “We hold those
people responsible for the rates that they charge and yet we want to tell them
how they have to pick what they use for fuel.”
Cole said he would like to get government out of the way and
allow energy companies to provide the cheapest form of energy possible.
When asked what type of legislation Cole would order a study
for, Cole said he’s “pretty convicted about most of our agenda”
He said he would consider ordering an impact statement in
relation to any attempts to repeal the state’s long-standing prevailing wage
law, which could be an issue that comes up during the current legislative
session.
Prior to Tuesday’s floor session, the Senate Energy Industry
and Mining Committee passed Senate Bill 1, which included an amendment
protecting net metering. The committee’s passage of the bill allowed it to have
a first reading during the floor session. It will undergo a second reading on
Tuesday.
The House of Delegates has scheduled a first reading of its
version of the bill for Tuesday.
Cole said the legislation could be placed on Gov. Earl Ray
Tomblin’s desk as soon as the end of this week.
“Gov. Tomblin voted for the original bill, which outlined
steps to increase the use of alternative fuels without being a cap-and-trade
bill,” Chris Stadelman, a spokesperson for the governor’s office said. “At the
time, the bill was supported by a large number of people and groups, including
the West Virginia Coal Association.
“Gov. Tomblin understands that due to new developments at
the federal level, many people are now expressing concerns about the law. He
has yet to see a final version but will look at any proposed changes and
continue to support our state’s coal miners and do whatever we can to ensure
West Virginia remains an energy leader for years to come.”
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