DEP seeks information on prep plant materials

The West Virginia Department of Environmental Protection wants to know what products coal operators are using in their preparation plant process and at what levels.   Acting Director of the agency’s Division of Mining and Reclamation Harold Ward issued an order last week to all 90 prep plants in West Virginia for the information and gave them sixty days to produce the list.

“We are requiring them to identify all possible chemical components of the products they use in processing that may turn up in the discharge to the streams,” said DEP Spokesperson Kelly Gillenwater.

The state already requires reporting of the chemicals used, but many of those chemicals already have limits built into the mining permit.  Gillenwater said some of the products fall outside the realm of those chemicals identified in the permits.  However, they shouldn’t be present at all in the effluent if they are being used properly.

“These products are supposed to be used in very small quantities.  They are actually drip fed into the process,” she said. “If they are used correctly we shouldn’t actually see any detectable limits of that in the discharge into the streams.”

However, there is evidence at least in sporadic cases those materials are turning up in the water.  Last year, following the Freedom Industries chemical spill along with another accidental release of MCHM into the Kanawha River at another location, DEP tested a number of the discharges at coal preparation facilities around the state.

“Last year we tested all of the discharge outlets at all of the coal prep plants and there were some hits,” Gillenwater said. “There were a handful of detectable materials found in the effluent.”

Gillenwater said it has always been the goal of DEP to protect West Virginia streams, but admitted after the Freedom Incident there has been a renewed look at better protecting water quality in the state.

DOH getting some help with storm damage

The state Department of Transportation is getting some help to pay for road damage caused by a winter storm that occurred in March.

The Federal Highway Administration announced Tuesday the awarding of a $5 million grant.

The storms, which happened March 3-6, caused highways to be flooded and damaged by mud and rock slides.

West Virginia Third District Congressman Evan Jenkins said roads throughout his district were impacted.

“I am pleased that the state will receive much-needed federal funds to repair and rebuild roads and infrastructure damaged by floodwaters and mudslides. Through the combined efforts of our congressional delegation and the governor, we were able to secure these funds and ensure better roads for West Virginians,” Jenkins said in a new release from his office.

Murray Energy announces additional layoffs

Murray Energy announced Tuesday the temporary shutdown of its Ohio County Coal Company mine in West Virginia’s northern panhandle.

The layoffs will affect 383 hourly employees, the company said.

Murray and its subsidiaries previously laid off more than 600 miners in recent weeks mainly because of stockpile levels. High waters on the Ohio River reportedly are hindering coal shipments.

Most counties show increase in unemployment in latest numbers

Unemployment rates increased in 27 of the state’s 55 counties in March according to county-by-county information released Tuesday by WorkForce West Virginia.

The numbers show three counties, Calhoun (15.9), McDowell (15.4) and Roane (14.4), with jobless rates above 14 percent. While five counties, Cabell (6.0), Berkeley (5.9), Pendleton (5.8), Monongalia (5.0), and Jefferson (4.8), check in below six percent.

Jobless rates decreased in 17 counties in March and stayed the same in 11 other counties. The overall state jobless rate increased slightly from 7.6 percent to 7.7 percent.

Judge Affirms Kentucky Power’s Purchase of W.Va. Power Plant

(AP) - A judge has affirmed the right of Kentucky Power Company to purchase part of a West Virginia power plant.

The Associated Press reports the ruling in Franklin Circuit Court rejected an appeal filed by Kentucky Attorney General Jack Conway, which sought to overturn the approval of the state's Public Service Commission.

The order issued April 10 states the Public Service Commission acted within its authority in approving the 50 percent purchase of the coal-fired Mitchell Plant in Moundsville, West Virginia.

Kentucky Power chose to purchase the plant rather than the more expensive option of investing in an old generating unit to meet EPA regulations.

Kentucky Power President and COO Greg Pauley said the decision is good news for customers.

Alpha Natural Resources deficient on stock exchange

Local coal provider Alpha Natural Resources could soon be taken off the New York Stock Exchange.

The reason is, its common stock does not currently satisfy one of the standards for continued listing and trading on the exchange.

All stocks need to be worth at least $1 when traded. Alpha Natural's value sits at just 99 cents.

The company plans to file intent to fix the deficiency and it has six months to do so.

The deficiency does not affect the company's normal business operations.

Tomblin announces sale of nearly $134 million in bonds

Gov. Earl Ray Tomblin has announced the sale of nearly $134 million in State Road General Obligation refunding bonds, saving the state nearly $26 million in total interest payments.

The refunding bonds were sold as a competitive sale. Over $25 million of the savings will go toward the funding of capital road projects by the state Department of Transportation next year

Tomblin said in a statement that the sale shows a commitment to savings.

“Today’s bond sale is a testament to the hard work we’ve done over the past twenty years to get our financial house in order,” Tomblin said. “Our commitment to responsible financial policies is saving taxpayers millions of dollars and is a direct result of hard work we have done, and continue to do, to remain one of the most fiscally responsible states in the country.”

The bonds also received favorable ratings from various agencies.

Traffic stop results in big heroin find

Police in Jackson County made what they call the county’s largest heroin bust on record following a traffic stop back on Friday.

Ravenswood police made a traffic stop on state Route 68 after noticing a broken tail lamp. They said one of the women in the car was attacking nervous so the vehicle was searched. A K-9 found 516 grams of heroin. Police said the drug was worth $125,000.

Police arrested Latizhon Hill, 27, and Candice Brown, 34, both of Rock Hill. S.C. They are in the South Central Regional Jail on $250,000 bail each.

New conceal carry law not expected to impact Capitol security

The head man of the Capitol Police doesn’t believe a new law which makes an adjustment to the conceal carry permit for firearms will have any impact on security at the capitol complex.  The legislature passed a measure which would allow anyone with a conceal carry permit to leave a firearm in their vehicle while it is parked on the grounds of the state capitol in Charleston.

“We don’t believe it really will,” said Kevin Foreman the Director of Capitol Security. “We keep a pretty close eye on folks who work and visit here, as far as keeping our campus safe and secure, but we don’t think it’s going to change anything significantly.”

The minor adjustment will enable those with a conceal carry permit to make a visit to the capital without fear of being in violation.  They would not be allowed to carry the gun on their person while entering the Capitol, but leaving it in the car would be authorized as long as their permit is valid.

Foreman said it’s never been that big of an issue to begin with.

“We’ve had a couple of those that I’m aware of and that’s it,” said Forman. “I’ve been here three years now and we’ve only had two that I can remember.”

Foeman said it’s likely, much like anywhere, some were already leaving them in the vehicle in violation.  However, unless the security had a reason to check, there would have been no way to detect the firearm being presence in a parked vehicle.

State AARP Director discusses benefits of CARE Act

After the CARE Act was unanimously approved and signed last week, AARP West Virginia state director Gaylene Miller explained how the new “common sense” bill would support caregivers and patients alike.

The CARE Act is a bill with stipulations that support caregivers when loved ones are hospitalized. Miller said the first requirement of the law is to designate a caregiver.

“The legislation requires that upon hospitalization that a health care facility records the name of a caregiver on the medical record of the loved one,” she explained. “So the patient has the opportunity to designate a lay caregiver.”

She said the first part of the law encourages communication between the hospital and the caregiver, and leads to the second part of the law, which is notifying the caregiver when the patient would be discharged.

“Most importantly, the bill requires that the hospital gives that caregiver education and instruction on the medical tasks,” Miller said. “Things like medication management, injections, wound care, or transfers, which they’re going to need to perform when they get home.”

She said that it’s important because the patient not only gets better home care but it also saves money in Medicare and Medicaid with readmission to the hospital, and that the law received widespread support.

“We were really excited that the bill got bipartisan support,” she said. “Care giving reaches across all kinds of groups and it’s an issue that really resonates because we know that all kinds of people are struggling with these care giving tasks.”

Miller said that more than 300,000 family caregivers in West Virginia are faced with the challenges of caring for loved ones every day.

Party chairs look ahead to governor’s race minus Manchin

West Virginia Republican Party Chairman Conrad Lucas says U.S. Senator Joe Manchin’s announcement that he won’t run for governor next year “has recreated some buzz” in the 2016 race.

Lucas said Monday he believes the Republican nominee would have defeated Manchin in next year’s race even though Manchin’s poll showed Manchin with a 2-to-1 advantage in a hypothetical match-up with state Attorney General Patrick Morrisey.

West Virginia Democratic Party Chairman Belinda Biafore said there’s no doubt Manchin would have been strong next year. As of right now, only state Senator Jeff Kessler (D-Marshall) has formed a committee exploring a possible run.

Three Republicans, Morrisey, state Senate President Bill Cole (R-Mercer) and First District Congressman David McKinley, have “flirted with the notion of running” according to Lucas but that also may change.

Woman killed in Wyoming County crash

A woman was killed in a single-vehicle crash Thursday evening in Wyoming County.

Pamela Schomaker, 42, lost control of the vehicle on state Route 10 between Pineville and Oceana about 6:30 p.m.

Schomaker died at the scene, according to the Wyoming County Sheriff’s Department. A passenger in the vehicle was not injured.

Manchin bypasses run for governor

U.S. Sen.Joe Manchin has decided to bypass another run for governor of West Virginia and remain in the Senate.

The Democrat, twice elected governor in his home state, resigned during his second term in 2010 when he was elected to serve out the remaining 14 months of the term of U.S. Sen. Robert C. Byrd (D-W.Va.), who died earlier that year.

Manchin’s transition to Washington has been difficult at times and he has openly expressed his frustration with the glacial pace and partisan politics. Those factors caused him to seriously consider running again for the open governor’s seat in 2016.

Asked if at any point he was close to announcing for governor, he replied, “Oh yeah. I kept thinking that was a job that I really enjoyed. I thought we were able to give hope to the people of West Virginia. I enjoyed it so much.”

However, Manchin appears to have grown more comfortable in his federal post in recent months, and he maintains a strong relationship with U.S. Sen. Chuck Schumer (D-N.Y.), likely successor to the retiring U.S. Sen.Harry Reid (D-Nev.) as the Democratic leader in the Senate.

“(Schumer) will work with you and let you bring your ideas,” Manchin said. “We’ve had a great relationship.”

After mulling a gubernatorial run for months, Manchin said he consulted with his family before making a decision.

“We have an opportunity to really serve at a different level and bring common sense and camaraderie to Washington,” Manchin said. “If the country does well, then I guarantee West Virginia does well.”

Manchin will be up for Senate re-election in 2018.

U.S. Attorney to use web to connect with Freedom spill victims

Typically in the prosecution of a criminal matter the prosecutor will keep strong ties and an open line of communication with victims of the crime being prosecuted. However, that hasn’t been as cut and dried in the government’s case against Freedom Industries.

“Because of the nature of this matter, it’s difficult to determine who is in fact a victim of these crimes and where they may be,” said U.S. Attorney Booth Goodwin.

Therefore Goodwin’s office established a website to allow people to know where the government is in their prosecution of former officials at Freedom Industries. Goodwin said the chemical spill of January 2014 impacted a lot of people. Tap water in nine counties was contaminated when the MCHM got into the West Virginia American Water Company operation on the Elk River. Some were physically harmed by using the water before word got out to not use it. Others had to deal with the hassle of nine days with no water service.

“We see it as a primary obligation that victims of crimes know about and are involved in the criminal process,” Goodwin said. “People can go to the website and understand where the case is at the present time. Also, they can access resources if they believe they are a victim they can notify our office.”

Those who register with the U.S. Attorney will get direct notification via e-mail or text about upcoming dates or new developments in the case.

Popular service now funded by DOH

Starting this summer, the popular Courtesy Patrol on West Virginia’s interstates will be back where it originally was formed in the Department of Highways. The legislature approved measures during this past regular session which funds the service from the highways’ budget after it was carried for several years by the Division of Tourism.

“It seems like we’ve always had the oversight, it’s just been funded through Tourism,” said Department of Transportation Spokesman Brent Walker. “So we’re just shifting the cost over to highways.”

The program was returned under the Cecil Underwood Administration and has remained one of the more favorable state services. However, it’s always a target when times get tough and budgets get tight. The tight budget is why is wound up under tourism in the first place. The program’s future was rocky for several years. However, it was recognized by the Tourism Commission as a valuable and unique ambassador for the state to those passing through West Virginia and finding themselves down on their luck.

“It’s not for us to decide the fate of the Courtesy Patrol, but every year it certainly is discussed,” said Walker. “Every year it seems to keep rolling.”

Certainly the patrol carries characteristics of both departments. Whether it’s more of an outreach of state hospitality or a duty of keeping the roads safe and secure is a gray area for lawmakers to decide according to Walker. He said which stream of funding pays for the service makes zero difference to somebody who is sitting on a remote stretch of interstate after dark with a broken car and a dead area for cell phone service.

“Just ask any stranded motorist that’s been helped by the Courtesy Patrol and they’ll tell you how important they are,” Walker said. “Especially in those areas that don’t get quite the cell service.”

Walker said for now the only change will be the funding source. The schedule of service and areas of operation will all stay the same.

Some counties stick with testing schedule despite missed days

Students in some county school systems in West Virginia have started  taking the annual standardized tests even though their school years now won’t until at least mid-June.

The year-end dates were moved back to allow for makeup days necessitated by winter weather cancellations. The state Board of Education denied waiver requests made by 27 counties, mandating the school systems complete the necessary 180 days of instruction.

State Department of Education Chief Academic Officer Clayton Burch said some of those counties will now have standardized testing later.

But some counties ending the school year deep into June have decided to retain their original testing dates. For some counties it could mean as many as six weeks of school after the testing is over.

Burch said the extra time should be used for instruction.

“The test does not mark the end of something,” he said. “The test is a temperature of how we’re doing, how we can improve the system. We still got to prepare a child that’s in fourth grade—they are going to progress to fifth grade. We have to continue that instruction.

“We’re getting away from this idea that we do standardized test and the year is done,” he said. “We hope that it is becoming part of instruction and children are starting to see it as what they are doing throughout the school year.”

West Virginia Education Association President Dale Lee said the testing should be moved back. He said the testing shouldn’t take place until 80 percent of the material has been covered. Lee also said there are technical problems with the online testing, because schools don’t have enough computers or adequate broadband service.

Some students don’t want to take the test at all because of its connection to the controversial Common Core teaching standards. Nearly 200 students at Spring Valley High School in Wayne County have submitted paperwork “opting out” of the test, though Burch said the state has no opt-out policy.

He warned that not taking the tests could hurt the students down the road.

“What’s next? What happens when those students go to take the ACT or the SAT to do entrance into higher education? The ACT and SAT are aligned to those same standards,” Burch said. “We’re asked continually to improve the education system. We test to gather data on how to improve the system and without data that’s very difficult to do.”

The school systems are given a 36-day window to conduct the tests for students in grades three through 11. Each student has seven testing sessions using computers in the schools. The students are this year being tested on English and math.

Students in the fourth, sixth and 10th grades also are tested in science. The state school board waived social studies testing this year. 

Family dropped by insurance company after mudslide near home

A series of mudslides this week have created several conundrums for a family of seven and a family of four who live atop a hill along Jennie's Creek outside of Kermit, West Virginia.

After multiple mudslides this week, the two families were strongly advised by Mingo County Emergency Management not to stay at their homes.

One of the families got a visit from their insurance adjuster.

They were hoping for good news.

They got the complete opposite.

They were dropped by their insurance carrier, W.VA. Insurance, after the adjuster saw the damage.

Mingo County's director of emergency management, Doug Goolsby, said he, along with emergency management agencies in surrounding counties, are compiling reports and adding up the damage, with hopes of getting public assistance for infrastructure and individual assistance for families.

Goolsby says he is unsure how bad and widespread damage must be in order to get that emergency federal assistance.

Earlier this year, Goolsby says the tally stood at 13 damaged homes and 90 homes exposed to slides and flooding in Mingo County.

Goolsby says he expects more slides to happen.

Mom accused of contaminating ill son's IV misses hearing

A West Virginia woman accused of deliberately making her 9-year-old son sick by contaminating his IV at a Cincinnati hospital is being sought on an arrest warrant after she missed a court hearing.

A Hamilton County court official says 35-year-old Candida Fluty (kan-DEE'-dah FLOO'-tee) of Kermit, West Virginia, was scheduled for a hearing Thursday in Cincinnati. She is charged with felonious assault and child endangering.

The judge says he will withdraw the warrant if Fluty attends a hearing now set for Friday. A court official says the defense attorney indicated Fluty apparently was attending another court hearing in West Virginia on Thursday.

Authorities say fecal matter put in the boy's IV while he was in a Cincinnati hospital caused his fever to spike.

Coal mine in violation for contributing to three mudslides in Lincoln County, WV

A mining operation in Lincoln County, West Virginia received three notices of violation (NOVs) for failure to maintain sediment controls, which contributed to three off-site mudslides, according to the West Virginia Department of Environmental Protection.

The facility, owned by Argus Energy, a subsidiary of Booth Energy, is located near Francis Creek in the Harts area.

On Wednesday, a DEP spokeswoman said there has not been coal production at the facility for years, and the facility is in remediation.

The NOVs, which were issued on April 7 state that sediment control structures became overwhelmed by rain, causing water leakage that contributed to the slides, which were all in the same general area.

Argus Energy has been instructed to do numerous, extensive repairs before April 21.

No financial penalties have yet been assessed.

DEP officials add that none of the three slides mentioned caused any property damage.

Union feels sting of Murray layoffs

Another sign of the times in the coal industry came this week when Ohio based Murray Energy laid off more than 200 employees.   The latest layoffs were at the company’s Marshall County Mine, Ohio County Mine, and Harrison County mine.  It’s the second round of layoffs announced in recent weeks for the company which idled its Monongalia County operation three weeks ago.

Among those who’ve been sent home are about 90 members of the UMWA.  Those laid off at the Marshall County Mine were contract workers.

“It’s no big secret the coal market is down and that concerns each one of us,” said UMWA District 31 President Mike Caputo. “It’s certainly our hope that Murray-American Energy can move the coal they have and hopefully get a fair price for it and put our members back to work.”

Caputo said coal miners are clearly doing the job they were hired to do.  Stockpiles at all three operations are piled high.  The coal however isn’t disappearing from those piles as rapidly as it once did.   Murray blamed the furloughs on increased use of natural gas for power generation along with national energy policies backed by the Obama Administration and West Virginia’s coal severance taxes.

Murray bought out the mines which were formerly owned and run for decades by Consol Energy. Consol shed all of its coal properties to concentrate on natural gas production.   Since buying the operations Murray had actually added jobs at each mine and even after the layoffs has a higher number of miners working than when they took over from Consol.

“We certainly can’t exist without each other,” Caputo said. “We just hope this is temporary and our members get back to work soon.”

Under the union contract the youngest miners are the first to be laid off and the callbacks will go to the oldest miners first.   Caputo said northern West Virginia until now had been somewhat insulated from the downward trend of the coal industry in recent years.

“Southern West Virginia has taken a hit here for quite some time and we’ve been a little more fortunate up here in the northern coalfields and been able to keep everybody working,” Caputo said. “Actually coal employment at Murray’s operations have increased since he’s taken over from Consol.”

There’s no indication from Murray Energy about how long the layoffs will last or how long it will take to deplete the stockpiles.

Website established for Freedom spill victims

U.S. Attorney Booth Goodwin has announced that a new website has been established to provide information to possible victims of the Jan. 2014 Freedom chemical spill.

The site will provide potential victims with information, including documents charging defendants with crimes, dates and times of upcoming criminal proceedings, and a list of resources available to those that feel they may have been harmed by the spill.

Citizens who believe they have been affected or who want to know or submit more information can also contact the United States Attorney’s Office for the Southern District of West Virginia

The website can be accessed from www.justice.gov/largecases

Veterinarians, shelters on alert for spread of dog flu

A worrisome strain of dog flu has been spreading throughout the Midwest, with cases already identified in Illinois, Wisconsin, and Ohio. Local veterinarians and animal shelter workers say they are on the lookout in case the disease spreads here.

So far, the outbreak of canine influenza has sickened more than 1,000 dogs nationwide. Scientists say this strain of flu is different from the one circulating in North American since 2004 and seems to impact dogs in both shelters as well as people's homes.

The respiratory illness causes coughing, sneezing, and fevers. Officials say although the disease is very contagious, there is no need to panic or run to the doctor.

Veterinarians say it is unknown at this time if existing vaccines provide adequate protection against the new form of dog flu. 

Congress OKs bill reshaping Medicare doctors' fees

 Huge majorities of both parties in Congress have finally banded together and approved legislation permanently reshaping how Medicare reimburses doctors for treating over 50 million elderly people.

Final approval came late Tuesday when the Senate voted 92-8 to send the bill to the White House. President Barack Obama says he is ready to sign the measure because it will protect health coverage for vast numbers of Americans.

Conservatives were unhappy that the legislation is expected to swell federal deficits over the coming decade. Liberals complained that it shortchanged health programs for children and women.

But the measure had too much to offer for both parties and passed easily.

Keystone Drive residents concerned with property buyouts at Yeager slide site

Keystone Drive area residents expressed their concerns at Yeager Airport’s board meeting Wednesday, following the massive hilltop slide earlier this month that damaged homes and forced them to evacuate.

“You can replace roads, but you can’t replace lives,” said airport board chairman Ed Hill, when discussing their efforts to take care of folks living in the the area, immediately.

Jay Goldman, Charleston real estate appraiser and former mayor, was hired by the Kanawha County Commission to provide free home appraisals to Keystone Drive residents.

Goldman began contacting residents of the affected area to get permission to inspect and appraise damaged homes and properties. Rick Atkinson, director at Yeager Airport, said he is very pleased with the county’s decision to hire Goldman.

“He will submit those damage assessments to the insurance companies and it will speed up the process of settling those claims,” said Atkinson.

Atkinson said appraisers will help residents find a place to live and accommodate any move in expenses. He said settlement offers will be made by the airport, but will range from funds to repair property all the way to full property buyouts, based on what the owners prefer.

A handful of Keystone Drive residents sat in on the board meeting Wednesday to try to receive some answers. Resident Wanda Pittman said she is concerned she will never move back into her home she grew up in her whole life.

“I live on the creek side. I was flooded about four feet and it destroyed everything in my downstairs. Everything is gone,” said Pittman.

Pittman’s sister Nancy Harvey said she shed many tears after the March 12 landslide. She said she thought she was only going to leave for her home for a short amount of time, but then she was informed about the high water levels.

“Then it became a reality that maybe we might not get to go back,” said Harvey, “It’s devastating.”

The residents were notified and asked if they would like to sell their properties or not. Harvey said she could not even think of selling her home.

“We’ve just been there way too long,” said Harvey, “There’s no place like home, like the Wizard of Oz says.”

Harvey, Pittman, and their brother Richard Crist said they felt helpless, not knowing what tomorrow will bring. Like many in the Keystone Drive area, they are staying in motels or with other family members for the time being.

Time on task may not be enough

Two members of the state Senate from Southern West Virginia say they are getting mixed signals from the state Board of Education on how to deal with high numbers of snow days for school children in their district.

Senators Mike Hall (R-Wyoming)  and Jeff Mullins (R-Raleigh) say they were told in an email from the state Board of Education counties who had missed a large number of days would be able to make those up with the banked time they have already accrued by extra time added to the instructional days children were present in the classroom.

“In this e-mail it basically states to assist counties, the West Virginia Board of Education offers the following information and it goes through what waivers they are going to allow,” said Senator Mullins. “The waiver ‘accrued time’ is in this list, so they have the ability to grant this waiver.”

There is confusion now however since an attorney representing the state Board of Education disagrees. He says the law is clear, a missed day is a missed day, and making it up by going extra hours to school isn’t going to satisfy the requirements of a 180 calendar.

Hall and Mullins worried if forced to follow those guideline without the waiver, school children in their district would be in school until last week of June.

“We’ve got camps kids go to during the first weeks of June,” he said. “Church camps and football, basketball, team camps start in June. They’re going to have to miss school or cancel team camps.”

Mullins said the bigger issue would be the fact of summer school which starts not long after the last day of school and some who depend on summer school for additional instructions may be short changed.

Hall and Mullins want the waiver to allow counties to use their banked days to make up the time missed for snow in a shorter span.  They are waiting on a judgement as to whether it will be allowed.

Ford recalls 213,000 police vehicles and 6,500 ambulances

Ford is recalling about 213,000 police vehicles in North America to fix springs that may not keep doors closed in a crash.

The recall affects Ford Explorer and Police Interceptor utility vehicles from the 2011 through 2013 model years.

The company traced the problem to a spring that controls the interior door handles. The spring can become unseated and may become unlatched in a side-impact crash, increasing the risk of injury.

Ford said it doesn't know of any crashes or injuries from the problem.

Dealers will inspect all four doors and fix or replace the handles if needed, free of charge.

Ford also is recalling about 6,500 Super Duty ambulance and emergency vehicles from 2011 through 2015 with 6.7-Liter diesel engines. The exhaust gas temperature sensors can malfunction.

Justices seem divided over EPA mercury limits

 (AP)- The Supreme Court appears divided in a dispute over the Obama administration's first-ever regulations aimed at reducing power plant emissions.

The focus of the case is on mercury and other hazardous air pollutants that contribute to respiratory illnesses, birth defects and developmental problems in children.

The justices heard argument Wednesday in a challenge brought by industry groups and Republican-led states to the Environmental Protection Agency's decision to take action against coal- and oil-fired power plants that are responsible for half the nation's output of mercury.

Several conservative justices questioned whether EPA should have taken costs into account when it first decided to regulate hazardous air pollutants from power plants, or whether health risks are the only consideration. The EPA did factor in costs at a later stage when it wrote standards to reduce the toxic emissions.

W.Va. Applies to Host 2016 Presidential Debate

A group in West Virginia is vying for a chance to host one of the 2016 Presidential or Vice Presidential debates in downtown Charleston.

The application was submitted Wednesday to the nation's Commission on Presidential Debates.

West Virginia State University and West Virginia University have joined forces, along with city of Charleston, the State of West Virginia, Steptoe and Johnson, PLLC Attorneys at Law, and the Clay Center for the Arts and Sciences of West Virginia for the proposal.

The plan submitted calls for the debate to be held at the Clay Center in late September or October, 2016. WVU and WVSU would also host pre-debate activities on their campuses throughout the year leading up to the debate itself.

Logistical considerations are key in the application, as outlined by the Commission, according to the release. Some of the requirements include an air-conditioned debate hall that measures at least 17,000 square feet and workspace and lodging for approximately 3,000 journalists who would cover the debate.

McDowell Named Unhealthiest County in West Virginia

 A report says McDowell County is again the unhealthiest county in West Virginia.

The report released Wednesday by the Robert Wood Johnson Foundation and University of Wisconsin researchers ranks the southern coalfield county last among all 55 counties for the sixth straight year.

The report uses health factors such as smoking, drinking, adult obesity, premature deaths, and other areas including education, access to health care and unemployment.

Other counties at the bottom of the list, also in the southern part of the state, are Wyoming, Mingo, Logan and Mercer.

The report ranks Pendleton County as the healthiest. Jefferson is the second-healthiest county - up three spots from last year - and Monongalia drops one spot to third. Last year's leader, Pleasants County, slips to fourth and Upshur is fifth.

Bill to increase cigarette tax gains traction

The state Senate Judiciary Committee made significant changes to a House of Delegates bill dealing with fireworks Wednesday, adding a $1 increase in the state cigarette tax to the legislation along with allowing smoking in casinos and VFWs.

The bill (HB2646) was approved by committee members after deciding on some ways to divide the expected $130 million in revenues the tax increase is expected to generate annually.

The committee decided to increase the tax 50-cents a year for two years to soften the blow on smokers. The measure says $20 million in the first year would be allocated toward the construction of a veterans nursing home in Beckley while $20 million the second year would go toward the construction of a drug treatment facility. Volunteer fire departments would get a total of $2 million a year, which would be approximately $5,000 per fire department.

The bill would also allow for designated smoking areas in the gambling casinos in the state under certain guidelines and VFWs. The original intent of the bill, when it came from the House, was to further regulate the sale of fireworks in the state by assessing a fireworks safety fee to the new West Virginia Veterans Program Fund.

Sen. Art Kirkendoll (D-Logan) spoke in favor of giving smokers a place to smoke in casinos and VFWs.

“They (cigarettes) are $5 a pack now and will go to $6. We’re taking that money for some very qualified (programs). We can’t on one end suck the money from the people that have it and then tell them you can’t smoke over here—we have to be sensible,” Kirkendoll said.

Senate leaders are concerned about the state’s revenues and have been discussing various ways to increase money coming into the state. The gambling industry blames part of its revenue reduction in recent years to smoking bans that have been approved by county health departments.

The 60-day regular session ends Saturday at midnight, a very short amount of time to try and get a tax increase through the Senate and House. Sen. Ron Miller (D-Greenbrier) predicted the bill’s possible defeat because it includes too many things.

“We have everything in here but a new barn for the State Fair,” Miller said.

The bill, which passed the committee on a voice vote, next goes to the full Senate for consideration. 

Courtesy Patrol survives proposed cut

The House of Delegates Wednesday rejected a move to defund the state’s Courtesy Patrol. The amendment failed 12-87 after a number of delegates, both Democrat and Republican, spoke in support of the program, saying it’s a valued service for motorists.

The Courtesy Patrol provides roadside assistance between 3 p.m. and 7 a.m. every day on the state’s major highways. It’s operated by the Citizens Conservation Corps, which trains welfare recipients to provide the aid. Some 80 people work for the program, which has assisted nearly 293,000 motorists since it began in 1998.

Delegate Michel Moffatt (R-Putnam) proposed the cut, saying the $4 million used to fund the Courtesy Patrol annually could be better spent on the road repairs. “Four million dollars going toward fixing roads, fixing potholes… that would leave a much better first impression.”

Other opponents argued that the program is inefficient, and private sector towing companies would be more cost effective.

However, Delegate Brent Boggs (D-Braxton) argued that the benefits of the program justified the cost. “The is a small investment to make for the safety, for the well-being, and the peace of mind that it gives when our citizens are traveling up and down our Appalachian corridors and our interstate highways.”

The amendment was to a bill that shifts funding for the Courtesy Patrol from the Division of Tourism to the Division of Highways.

Those on both sides of Coal Jobs Safety Act wait on Gov. Tomblin

Those on both sides of the Coal Jobs Safety Act are hopeful Gov. Earl Ray Tomblin will side with them when he makes his final decision whether or not to sign the bill.

Tomblin has until Thursday afternoon to make that decision. The indication is he’s struggling between how the bill would help the coal industry and the claims by others that the provisions would decrease safety provisions.

Those waiting include West Virginia Coal Association President Bill Raney and United Mine Workers Union President Cecil Roberts.

Raney said members of the association would never support a rollback in safety.

“There’s nothing more important than every person in our mines going home at the end of their shift to their family,” he said. “They (coal operators) wouldn’t allow us to ask for that (rollback) and they wouldn’t ask us to go ask for that and the governor needs to recognize that. We’re not trying to take a step back and we need to get beyond the emotion and get beyond the misrepresentations that are going on here.”

Roberts said he believes Gov. Tomblin will side with those concerned about safety.

“This law takes away from health and safety and protections of coal miners and if the governor believes that he should veto this and if he doesn’t believe that I guess he should sign it into law, but I happen to believe that this governor has tried to protect coal miners all of his career,” the union leader said.

The point of consternation for Tomblin appears to be a provision of the bill that allows for moving of some coal mining equipment without removing coal miners from the face of the mine, which is the current law.

“Equipment is being moved every day, every hour in a coal mine and there are certain pieces of it where now everybody has to come out of the mine, which is just ridiculous under today’s technology,” Raney said, who added the state provision is more strict than the federal law that allows miners to stay in an operation when the equipment is moved.

But the UMWA’s Roberts said given the state’s track record in mine safety, West Virginia’s regulations should be more stringent.

“We’ve had the worst disaster in the nation at Upper Big Branch, in addition to that we’ve had Sago and Aracoma—the chief spokesperson and the face of the industry for the last 30 years is on trial for conspiring to avoid health and safety protections afforded to miners by the state and federal government—sure, we ought to go ahead and rollback mine safety,” Roberts said.

If Tomblin vetoes the bill the legislature could have enough time to override the veto by the regular session’s Saturday midnight deadline.

State DHHR and DOE oppose House amendments to immunization bill

The West Virginia Department of Health and Human Resources and the state Department of Education supported the immunization bill passed by the state Senate, but opposed House amendments Wednesday.

The proposed House amendments, in SB 286, would eliminate the DHHR’s ability to add vaccines through the state’s current medical exemption process.

The DHHR uses a process that allows a child to go to their physician, fill out a form that is submitted to the DHHR, and then a decision is made whether or not to approve or deny the exemption. The patient can then appeal the exemption.

“That’s how it should work and has worked,” said Dr. Rahul Gupta, State Health Officer and Commissioner for DHHR’s Bureau for Public Health, “We have not had issues of a measles outbreak. We are known as a model state of immunizations. This amendment would take that away and put us down in the nation.”

Accoriding to The Centers for Disease Control and Prevention, 173 people in 17 states and the District of Columbia have become infected with measles since Jan. 1 as a result of one outbreak in California.

Gupta said West Virginia is one of two states in the U.S. that allows these medical exemptions. For that reason, they have not had to deal with outbreaks of disease, such as the Ebola virus, that has been present in other states.

Gupta said the state has benefited from allowing medical exemptions because they have had a solid process that has worked for years, but with the current bill set up, they are unable to prevent any diseases.

“If the recommendation was that we have to get people lined up and give the shot, we could quarantine people. Unfortunately, that’s the extent when bad things happen. However, we could not vaccinate them,” said Gupta.

According to the 2013 America’s Health Ranking, West Virginia ranked number one in the nation for its low incidence of infectious diseases, which comes from the state’s strong immunization laws. The ranking states that West Virginia currently has some the best kindergarten immunization rates in the nation that prevent outbreaks of vaccine diseases in its school and communities.

Michael Martirano, West Virginia Superintendent of Schools, said the immunization laws protect children and school staff who are unable to receive vaccinations due to things such as medical conditions or allergies to vaccines.

“Any change in state law would force our education system backwards countless years,” said Martirano.

The bill is now before the House Judiciary Committee.

Waiver policy under consideration for school systems

County school systems that have missed a high number of days this school year can seek a waiver from the required 180-days of instruction in a policy discussed by the state Board of Education Wednesday.

Counties would be able to apply to the state board by its April meeting for the waiver. The policy would only take effect if the legislature decides not to pass a bill that deals with the same issue. The bill has passed the Senate and is in the House Education Committee.

State Department of Education Communications Director Liza Cordeiro said in order for a waiver to be considered a county school system would have already taken all the necessary steps possible to make up instructional days.

“If a county has shown that it has in good faith built a calendar which contained opportunities to make up lost time, has rescheduled all available non-instructional days, and can show that it has accrued instructional time, the WVBE will consider allowing a limited amount accrued time to be substituted for a day lost to inclement weather if all other available options have been exhausted,” Cordeiro said. “The requirement for 180 instructional days will continue to be emphasized.”

This is the first school year that counties were mandated to meet the 180-days even if they had to extend the school year to the end of June. Several counties have missed 10 days or more because of extremely cold weather, snow and rain.

Conceal carry bill set for final passage in House Thursday

The House of Delegates is set to give final approval Thursday to the bill that would eliminate the required permit and training from the state’s concealed carry gun law. The House defeated a handful of amendments offered during debate Wednesday night.

House Majority Leader Darryl Cowles (R-Morgan) wanted to put the issue up for a statewide vote. He said he’s continued to hear from police officers who fear changing the current law may lead to more violence.

“My concern has always been and continues to be today law enforcement safety,” Cowles said. “I wish I was able to get more comfort level with the current proposal as it deals with law enforcement safety.”

Del. Randy Smith (R-Preston) argued against putting the policy up for a vote by state residents.

“We’re sent down here to make hard decisions. We’re not going to please everybody,” Smith said.

Cowles proposed amendment was rejected along with a proposal from Del. Nancy Guthrie (D-Kanawha) to allow concealed carry within the walls of the state capitol. Opponents of that idea said it was an attempt by Guthrie to kill the bill. The proposal failed 7-86.

The most significant change the House has made to the Senate bill (SB347) is making the age when a person can conceal carry without a permit 21, the Senate version had the age at 18. The bill says a person that’s 18-21 years of age can still conceal carry if they get a permit and go through training like the current law requires for everyone getting one of the permits.

The bill is up for third and final reporting Thursday morning in the House. It will then be returned to the Senate.

Senate committee guts House Common Core bill

The state Senate Education Committee scrapped the House of Delegates’ plan Monday to repeal the controversial Common Core education standards in West Virginia’s public schools.

The committee replaced language in the House-passed bill (HB2934) with its own language that calls for keeping Common Core in place while doing up to a two-year study of the concerns with public hearings to be hosted by the state Department of Education.

Common Core creates uniform standards for achievement but has been criticized as federalizing education. Critics have said there’s been confusion about the curriculum used to teach to the standards. The House bill called for the repeal of Common Core this coming July.

“We believe that would have been absolutely disastrous for our education system,” Senate Education Committee Chairman Dave Sypolt (R-Preston) told his committee Monday. “Although I will be the first to admit I believe we need to take a good, hard look at our standards and how we are assessing our children.”

The new language allows the state superintendent of schools and a newly-formed committee to look at the Common Core standards, take them out to the public and in Sypolt’s words “allow people to have their concerns addressed.” The committee would then come back to the legislature with recommendations on how the state should move forward. Common Core would be repealed if the legislature takes no action during the two-year period.

The change came after negotiations between Senate leaders and education officials including state School Superintendent Dr. Michael Martirano.

“It’s to engage in a very thoughtful review process. I want to make certain we are doing it right, make certain we understand what is the problem with those standards and then adopt firmly our very clear West Virginia college and career ready standards that we can endorse 100 percent,” Martirano said.

The superintendent has supported the current standards but believes the state Department of Education should have done a better job with communication during the implementation of the standards, something that happened before he was hired last year.

“There are a lot of concerns that are unfounded. This is an opportunity to allow calmer minds to prevail and to be very clear what our standards are and what they aren’t,” Martirano said.

The House may not be willing to give up its position. The bill could be headed for a conference committee before this week’s final week of the legislative session expires Saturday night. House Speaker Tim Armstead said the House wants the standards to be redeveloped.

“There’s a lot of concern that we not continue to forge ahead on these standards that have given many, many House members and others, teachers and parents, concern about where we are in terms of Common Core,” Armstead said.

The bill next goes to the Senate Finance Committee. 

Bill aimed at reversing drug overdoses signed into law

A Wheeling small business owner watched Gov. Earl Ray Tomblin sign a bill into law Monday that he knows firsthand will save lives.

The governor signed Senate Bill 335 creating the Opioid Antagonists Act. It will allow medical professionals to prescribe the drug Naloxone to first responders and those at risk of experiencing an overdose along with their families and friends who could help them if they did overdose.

Wheeling resident Sean Hughes overdosed on heroin 10 years ago in New Jersey. He said Monday a friend rushed him to the hospital where they gave him Naloxone, which saved his life. He said he had no doubt that will be the case now in West Virginia.

“There’s a lot of people in active recovery that really need a law like this that will hopefully impact them to change their lives,” Hughes said.

State Senator Ron Stollings (D-Boone), who is also a medical doctor, said Naloxone is a short-acting medicine only lasting 20 to 30 minutes.

“So once you deliver this medicine to someone they still have to get medical treatment,” Stollings said. “Nearly every life could be saved with this medicine if we could get it to them.”

West Virginia had more than 500 overdose deaths in 2013. U.S. Attorney Booth Goodwin said it’s time to reduce that number.

“It’s a critical problem and to have a very sharp tool in our toolkit to address these overdose deaths is nothing but good,” Goodwin said.

The law has an educational component with it that calls for family members to be trained on when and how to administer the drug. The law also has a reporting requirement back to the legislature.

The bill becomes law May 27.