Gas line explosion in Brooke County

Emergency crews were on the scene Monday morning of a natural gas line explosion in northern Brooke County. It happened at shortly after 9 a.m. 

A natural gas line erupted into flames Monday morning in the Archer Hill Road area of Brooke County.

Brooke County Sheriff Chuck Jackson said the explosion and fire took place in the Archer Hill Road area. He said there were no injuries and no structural damage reported.

The flames could be seen from several miles away. 

Lawmakers begin to tackle nonpartisan election of judges

The judiciary committees in both the House of Delegates and state Senate began discussions Monday on bills that would change the election of judges to nonpartisan elections.

The plan covers races from Supreme Court justices to county magistrates, no longer would candidates have a “D”, “R”, or some other political affiliation following their names.

The proposal also would make the final election in the primary election, much like the current school board races across the state. The elections would also be split by divisions, potentially creating more one-on-one races.

The West Virginia Judicial Association, made up of 70 circuit judges across the state, does not oppose the legislation.

“To me not to oppose, basically something that effects judges this much, it’s almost the same as saying we support it,” Association president Jackson County Circuit Judge Tom Evans told members of the Senate Judiciary Committee Monday.

Senator Mike Woelfel (D-Cabell) said he supports the intention of the bill “wholeheartedly” but he expressed concern about the short election window.

“The thing is just going to be over with like that. It’s going to be over in 110 days,” he said.

Both committees are expected to have further discussions on the bills, which will include consideration of proposed amendments.

West Virginia is one of just seven states that elect judges on a partisan basis. 

Annual fee likely for tank owners

The state Department of Environmental Protection will propose charging aboveground storage tank owners whose tanks are near water sources $375 in an annual fee to finance the inspection program.

DEP Secretary Randy Huffman shared the numbers Monday with members of the House Finance Committee. The new Aboveground Storage Tank Act requires annual DEP inspections of the more than 3,000 tanks close to water sources, the zones of critical concern.

“Those are required by statute to be inspected once a year,” Huffman said.

The DEP plans to hire 15 inspectors to do the job, which will also include looking at other tanks that are not close to water sources less frequently.

Huffman said the DEP will propose all Level 1 tanks be assessed an annual fee of $375, Level 2 tanks $61 annually. He said there are currently no fees being discussed for Level 3 tanks. The fees would bring in about $3 million annually. They are being proposed in a DEP rule that hasn’t received final approval.

Huffman told committee members the inspectors would be busy.

“That’s 3,000 inspections per year. I think we figured each inspector could do 200 inspections a year,” he said.

There have been a total of 48,000 tanks registered with the state. Tank owners are also required to submit annual certifications to the state.

The Aboveground Storage Act was created last year by lawmakers following the chemical spill and water emergency that began on the Elk River in Charleston and impacted some 300,000 residents in parts of nine counties.

State no longer considering ‘out of state’ prison plan

The state Division of Corrections announced Monday it was no longer pursuing the possibility of moving some state inmates to out of state prisons because of overcrowding issues.

Department of Military Affairs and Public Safety Secretary Joe Thornton said the new Justice Reinvestment Act is working and there are fewer inmates.

“We remain optimistic that once all of Justice Reinvestment is in place, West Virginia will see an even greater decrease in the inmate population while maintaining the safety and security of its citizens,” Thornton said in a news release.

The state took bids in 2013 from interested contractors that run private prisons in other states. West Virginia thought about moving as many as 400 state inmates who were housed in regional jails because of prison overcrowding. But the same year, Gov. Earl Ray Tomblin proposed and state lawmakers approved the reinvestment act which takes a number of steps to help inmates make parole and cuts down on recidivism.

Officials have previously said the positive impact on prison overcrowding has moved faster than originally expected.

Rules suspended in Senate, drilling permit transfer bill approved

An energy company is waiting to get to work in West Virginia and hopes state lawmakers pass a bill to make it easier.

Senators approved a bill (SB 280) Friday that would allow for the transfer of well drilling permits from one company to another. The Senate suspended its rules, passed the bill, and sent it to the House of Delegates.

“This is an enormous investment that’s been made in West Virginia and it can’t proceed or put people to work until we address this issue,” Sen. Judiciary Chair Charles Trump (R-Morgan) told fellow senators Friday.

Trump was speaking of Southwestern Energy which paid Chesapeake Energy more than $5 billion last year for 413,000 acres in West Virginia and southwestern Pennsylvania. The property includes 256 operational natural gas drilling wells but a current legislative rule requires Southwestern go through the permitting process Chesapeake Energy originally did. Senate Bill 280 would allow for the transfer of the permits.

“We need to show these companies that we appreciate them coming into our state and making the investment,” Sen. Doug Facemire (D-Braxton) said. “We want them to do it right and we’ll make them do it right.”

A spokeswoman for Southwestern told the Charleston Daily Mail the company already hired 81 people in the past month and wants to involve 400 full-time workers by the end of March.

Sen. Facemire said the bill is not a partisan issue.

“Whenever we can work together, both bodies, not only is it the right thing to do but it’s our duty,” he said.

The current transfer prohibition was part of a DEP rule that governs how the state’s horizontal drilling law operates.

2 men charged with entering abandoned mine to steal copper

State police say they’ve charged two McDowell County men for going into an abandoned coal mine to steal copper. One of the men had to be rescued Friday.

McDowell County 911 got a call Friday afternoon from a man identified as Benny McPeak, 31, of Northfork. He reported his friend, Matthew Osborne, 36, of Crumpler, had entered the old Keystone No. 1 on Burke Mountain Friday and hadn’t come out. McPeak said he overheard Osborne say he was going to steal copper.

State police and a mine rescue team were called to the scene. They found an unconscious Osborne in the mine at about 10 p.m. Friday. He regained consciousness once he got into good air.

Troopers said they later found out McPeak and Osborne entered the mine together Thursday night to steal copper and they got separated. McPeak made it out but Osborne didn’t.

McPeak was arrested for breaking and entering and attempting to commit a felony. Troopers said they would arrest Osborne once he’s released from Welch Community Hospital.

W.Va. Lawmakers Seek to Improve Public Perception of Corruption

West Virginia lawmakers are considering a proposal that would prohibit companies owned by government officials or their immediate family members from doing business with many state agencies.

Republicans want a law in place to counter a perception that public corruption is rampant in West Virginia.

The contract ban would apply to officials elected or appointed to state office.

The proposal calls for prohibiting elected and governor-appointed state officials from doing business with agencies they manage or oversee.

The bill also would prohibit companies owned by government officials from having a contract worth $25,000 or more with any state agency.

The prohibition would apply to new contracts or those up for renewal, but not existing contracts.

W.V. Senate Passes Departing Workers Bill

The West Virginia Senate has passed a bill that would delay some paychecks for employees no longer with their companies.

The GOP-led chamber passed the proposal 24-7 Friday, with only Democrats casting dissenting votes.

When someone is let go, quits or resigns, the bill would let employers wait until the next pay day to pay them.

Currently, the employee would have to be paid within four business days, or the next pay day, whichever comes first. If employees aren't paid on time under the bill, they would be eligible for damages of twice the unpaid amount, in addition to the paycheck they're due. Currently, employees are due their paycheck and three times the amount.

The bill moves to the House of Delegates for consideration.

National Mining Association pres. says coal is holding own, but under pressure

The president and chief executive officer of the National Mining Association predicts the coal industry will “hold its own” at least in the immediate future.

“Given all the circumstances most industries face right now, that’s a forecast that maybe most would welcome,” said Hal Quinn.

However, Quinn said pending regulations from the Environmental Protection Agency will have the greatest impact on the coal industry as a whole in the long-term.

“It’s not bluster. It’s actually real. We have already experienced what happens with poorly designed, misguided federal policies where the costs are actually real, but the benefits are not,” he said — pointing to the effects of EPA regulations during last year’s winter.

“We saw consequences from these federal policies retiring plants come very harsh and very soon,” he said. “Over 92 percent of the increase in (power) demand required last winter, as compared to the winter before, was fueled by coal-fired power plants.”

Quinn provided a coal forecast at a Wednesday meeting of the United States Energy Association in Washington, D.C. where leaders of various energy industry sectors reported energy production is currently strong.

For coal, in particular, there are competitive pressures from natural gas and oil. More than anything, Quinn said, “It’s the federal policies that don’t allow us to compete.”

Once finalized, the EPA’s Clean Power Plan would require carbon dioxide emissions from existing power plants to be reduced by 30 percent from 2005 levels before 2030.

Bill to prevent drug overdose deaths advances at statehouse

Legislation designed to curb the number of drug overdose deaths in West Virginia moved through the House Health and Human Resources Committee on Thursday.

The bill (HB 2009) increases the availability of the the drug naloxone, an opioid antagonist that reverses the effects of narcotics. The bill would allow first responders to possess and administer naloxone while also setting guidelines for doctors to prescribe the drug.

The vote was unanimous.

Dr. Rahul Gupta, commissioner of the state Bureau of Public Health, spoke to the committee in favor of the bill:

“First responders get to the site and see that somebody is perhaps overdosed, and they are able to administer this drug immediately and buy time for that person to get to the appropriate healthcare facility.”

Officials claim West Virginia has a serious drug problem, particularly with stronger opioids such as heroin and prescription pain killers. Health statistics show the number of overdose deaths in the state has risen from 360 in 2009 to 460 in 2013.

Gupta said the expanded use of naloxone will “help save lives when overdoses do occur.”

Alternative energy repeal closer to Tomblin’s desk

Several new members of the now Republican-controlled House of Delegates made good on a campaign promise Thursday by voting to repeal the state’s Alternative Energy Portfolio Act, referred to many of them as the ‘cap-and-trade’ law.

“If this bill is going to work or not—to get coal miners back to work—if it has a chance, I will vote for this bill,” said veteran Delegate Justin Marcum (D-Mingo). “We don’t know if it’s going to work, but if there’s that slight hint that one coal miner in the state of West Virginia is going to get his job back, I support this bill.”

Similar comments were made by about a dozen delegates who discussed the bill for nearly an hour before the 95-4 vote. The state Senate passed an almost identical bill 33-0 Wednesday.

The 2009 law, which requires electric utilities use an increasing amount of energy sources other than coal over the next few decades, was targeted in last year’s election by candidates claiming it was curbing coal mining jobs and at the root of possible increases in electric bills.

Nancy Guthrie (D-Kanawha) was one of four delegates to vote against the bill Thursday calling itl nothing more than political theater. She said the state’s leaders must push diversification of the economy.

“We are running out of coal, it’s that’s simple. That’s why we have so many layoffs in the coalfields,” Guthrie said. “We are going to wear coal around our neck like a yoke that will drag all of us down.”

Delegate Marty Gearheart said the energy portfolio act was bad from the beginning when then-Gov. Joe Manchin introduced it six years ago.

“We told the country that our product was bad, coal was bad,” he said. “We told West Virginians that coal was so bad we should all pay more for a less efficient source of power.”

The state’s largest utilities have said they had no problems meeting the 2015 requirements of the law and those haven’t caused rates to go up. But House Judiciary Committee chairman John Shott (R-Mercer) said the 2025 requirements might be a different story. Shott pointed out smaller electric companies and co-ops that serve several communities across West Virginia may have to raise rates because they purchase their power from the larger companies. Shott said in 10 years the state’s population projects to be even older.

“Those are the folks are going to have to pay these increased costs if we don’t repeal this act, and those are the folks we need to protect as well as our coal miners,” Shott said.

It remains to be seen whether the House or Senate version of the bill ultimately makes it to the governor’s desk. 

Logan County Water Project Money

Some major water and infrastructure projects around the state received funding yesterday to help them move forward.

Governor Earl Ray Tomblin made the announcements about the $12.3m in funding Thursday at the Capitol.

In our region, Logan County will receive $200,000 to help with a water project that will provide reliable water service to families in Big Harts Creek, Smokehouse Road, White Oak Branch and surrounding areas in Logan County. 

Former Kentucky Governor Dies

Kentucky political icon Wendell Ford who went from Lt. Gov. to Governor then represented Kentucky in the U.S. Senate has died at age 90.

Ford was diagnosed in 2014 with a malignancy on one of his lungs. Ford had undergone a series of chemotherapy treatments in his hometown of Owensboro.

New charges allege Freedom chief took $6 million to defraud bankruptcy case

The former president of Freedom Industries was charged with two additional fraud counts in a 14-count superseding indictment in connection with last year’s chemical spill that created a water-contamination emergency.

The original indictment cited Gary Southern and three other Freedom officials for allegedly violated the federal environmental laws in the operation of the tank farm. Those included violations of the federal Clean Water Act and the federal Refuse Act.

While one count in the original indictment was dropped, the new charges allege Southern had a $6.5 million personal check deposited on Feb. 7, 2014, as part of a scheme to defraud the government in Freedom’s bankruptcy case. The second charge alleges Southern approved a false statement that did not list him as an officer of Freedom Industries.

The superseding indictment means all the defendants—including Southern and former owners William Tis, Charles Herzing and Dennis Farrell—must be re-arraigned on the charges. 

Arrest Made in Logan County Break-ins

A man suspected of burglarizing two businesses was arrested Wednesday.

Thomas Tolliver is charged with two counts of breaking and entering, two counts of petit larceny and destruction of property.

Logan County Sheriff's deputies say a man recently broke into the Gino's in West Logan, took money from the register and broke the alarm. That incident happened Monday.

The man captured in the surveillance video fit the description of a suspect involved in another break-in at a business called the Hot Cup. That incident also happened Monday.

Mingo Murder Case leads to Multi-State Drug Ring

A murder investigation in Mingo County led West Virginia State troopers to a large, multi-state drug ring.

On Wednesday, troopers arrested 40-year-old Ronnie Campbell at a home in Delbarton in connection with the ring.

Troopers say Campbell had thousands of dollars worth of pills on him. They say he may be trafficking as much as $20,000 worth of pills in a drug ring connected to Maryland, Georgia and Virginia.

Campbell was arrested for conspiracy to commit distribution and was taken to the Southwestern Regional Jail.

This stemmed from a murder investigation in December after 70-year-old Roland Stafford was killed in his Taylorville home.

Three people are behind bars in connection with that murder.

According to warrants, Anthony Collins, of North Matewan, West Virginia, and Billy Mitchem of Varney, West Virginia, were arrested for murder, kidnapping and armed robbery. Collins also was arrested for grand larceny.

Melissa Cochran also was arrested in connection with the murder case and was charged with grand larceny.

Wednesday's arrest was part of a drug roundup by State Police and the Mingo County Sheriff's Department.

Lawmakers introduce pain-capable abortion bill

A bipartisan group from the West Virginia House of Delegates has introduced the “pain-capable” bill, setting up another capitol fight over abortion.

The bill (HB 2153) is similar to legislation that passed both chambers overwhelmingly last year, but was vetoed by Gov. Earl Ray Tomblin. He questioned the measure’s constitutionality and said it interfered with the relationship between a woman and her doctor.

The legislation bans abortions after 20 weeks, a point at which supporters argue the unborn child can feel pain. There are exceptions to the 20-week limit when the mother faces a medical emergency.

At least 10 other states have pain-capable laws and the U.S. House of Representatives has passed a pain-capable bill.

Under the bill introduced Tuesday in Charleston, a doctor who performs an abortion after 20 weeks could be charged criminally. The penalties upon conviction are up to one year in jail and a fine of up to $5,000.

The bill also creates a “litigation defense fund” to pay for the state Attorney General to defend the law against any legal challenges.

Last year, the pain capable bill passed the House 79-17 and the Senate 25-9 before being vetoed by the governor. This year’s bill has been referred to House Health and Human Resources Committee.

Appalachian Power’s proposed rate hike questioned

The state Public Service Commission began hearing testimony Tuesday on a request by Appalachian Power and Wheeling Power companies to raise their customers’ rates by 17 percent. The evidentiary hearing, being held in Charleston, could last the rest of the week.

There are several groups and businesses against the increase including the state Consumer Advocates Division, Walmart, other businesses and citizens groups. If approved, an average customer’s bill would go up about $9 a month.

West Virginia Consumer Advocate Jackie Roberts said the companies have benefited in other ways and should not be allowed to raise rates by 17 percent. She asked Appalachian Power President Charles Patton Tuesday whether any of the company’s customers had benefited from a $28 million consolidated tax savings Appalachian Power’s parent company, AEP, had enjoyed.

Patton said to rely on tax savings to reduce rates can create a liability for the company.

“Should we consider the performance of other AEP companies in regulating this company?” Patton asked. “There can be tax benefits and there can be tax losses.”

Patton added had there been a consolidated company tax loss the consumer advocate probably would have never brought up the issue.

Consumer Advocate Roberts also questioned Patton about a proposal in the rate increase package to allow Appalachian Power to recover part of what it pays its employees in incentive pay. The PSC rejected that in a 2010 rate case. Patton defended the incentive pay practice during Tuesday’s testimony.

“Why would we not want to incent performance from our employees? And you cannot demonstrate to me that our employees are overpaid,” Patton said.

The utility president testified when it comes down to it recovery of incentive pay would be just a small portion of the proposed rate increase.

“It is a negligible piece of our customers’ electric bill. In fact, I think I’ve calculated just a couple of cents or a cent a month,” Patton said.

The rate increase proposal is split into two parts. The first would provide $181 million for infrastructure improvements. The remaining $44.6 million would finance a PSC-mandated vegetation clearing program that came following the 2012 derecho and Superstorm Sandy. Appalachian Power recently started the program that will be on a six-year cycle.

There were some settlement discussions before the start of Tuesday’s hearing but apparently no major decisions were reached.

The two companies serve nearly 500,000 customers in 24 West Virginia counties

Free health clinic reps argue for full funding

Free health clinics in West Virginia will be in trouble if a proposal to cut their budgets from the state Department of Health and Human Resources by more than half stands, according to those who operate the facilities for low-income adults.

“The 52.7 percent cut that the budget is proposed to give to free clinics will be fatal to some of our clinics in the state,” said Jim Harris, president of the West Virginia Association of Free Clinics, who works at Health Access in Clarksburg.

Currently, the DHHR budget for the ten free clinics in West Virginia is $4 million. In the proposal Gov. Earl Ray Tomblin submitted to lawmakers for the next fiscal year, which begins in July, the free clinic budget has been reduced to a $2 million line item.

According to the state DHHR, roughly one in four West Virginians, 498,943 residents, now get their healthcare coverage through Medicaid. A total of 153,544 residents were added when Medicaid was expanded under the Affordable Care Act.

Harris said many of those new Medicaid enrollees, though, are struggling to find healthcare providers which makes the care provided through the free clinics even more important.

“These patients are applying to become patients and they’re being told, ‘You can come back in six months. You can come back in eight months. When our census gets low enough, we’ll take another Medicaid case,'” he said. “We’re the safety net, so we’re the ones who see all the Medicaid cases.”

In 2013, according to Harris, the ten free clinics in West Virginia treated 60,000 patients. In total, he said the clinics have been seeing more patients since ACA started being implemented.

“The Affordable Care Act is not affordable for poor people. It’s just not. We had great hopes. I had great hopes that we would be able to reduce what we have to do as a safety net because there would be access available, but that’s not the case,” Harris said.

“We’re getting busier, not less busy.”

That’s why he’s arguing against the total proposed 52.7 percent cut.

Harris noted Medicaid reimbursements for the free clinics are lower than those for other healthcare facilities. He’s calling on the DHHR and lawmakers to negotiate a smaller budget reduction, at least initially, to allow time for those reimbursement rate disparities to be addressed.

Better-than-expected state finances reduce reliance on Rainy Day fund

Gov. Earl Ray Tomblin says the state will borrow about $44 million less than projected from the Rainy Day Fund because of better-than-expected returns on investments.

Tomblin said that means his budget can be balanced with $25 million from the state savings account, instead of the original $68 million proposed. The fund currently has a balance of $860 million.

The governor, flanked by Republican and Democrat legislative leaders, made the announcement Tuesday.

Administration officials said they learned of the updated actuarial report a few days ago, after they prepared the 2016 fiscal year budget and the governor had delivered his State of the State address.

Tomblin said steps the state took to solidify pension funds, while also saving money, have led to the improved returns on Wall Street.

“Because of our unwavering commitment to pay down our unfunded liabilities and positive return rates, returns from our continued investments were better than anticipated,” he said.

Despite the news, Republican leaders continued objections to Tomblin’s plan to borrow from Rainy Day for the second consecutive year. They’re scouring for other ways to find the money to balance next year’s budget.

“We still have plenty of work to do,” said Senate President Bill Cole (R-Mercer), who is joining House Speaker Tim Armstead (R-Kanawha) and Tomblin in seeking a bipartisan budget plan.


Not that many years ago, state government’s finances were a mess—retirement programs were badly underfunded and the state had no savings. However, today rating agencies give West Virginia high marks for paying down its long-term debts and building up a Rainy Day fund equal to approximately 20 percent of the state budget.

Drunk and Drugged Driving Among Top Concerns for NTSB

Each year, the National Transportation Safety Board (NTSB) releases a "Most Wanted List," a list of 10 safety concerns that warrants urgent attention and top priority status based on past accident investigations. The goal of the list is to increase awareness about these concerns and encourage those in the traffic safety and transportation fields of implement viable solutions over the course of the year.

The NSTB's goal to end substance impairment in transportation is on the list again this year and continues to be the focus, as NSTB has been working to educate parents and the public about the dangers of drunk driving for more than 23 years. To end substance impairment in transportation, the NTSB recommends additional countermeasures relating to post-crash data collection and the documentation and reporting of crash data, increased use of high visibility enforcement, expanded use of ignition interlock devices, and targeted measures for repeat offenders, including DWI Courts.

The NTSB defines substance impairment as not only alcohol related but also due to over the counter medications, prescriptions medications, and illicit drugs, as well.

Lawmakers to see a teacher pay raise bill this legislative session

Even though Governor Earl Ray Tomblin is proposing no pay raises for teachers in the coming year, lawmakers are still expected to have a teacher pay raise proposal to consider during the ongoing Regular Legislative Session.

Dale Lee, president of the West Virginia Education Association, said a bill will soon be introduced at the State House that, if approved, would put into state code yearly increases to take the starting teaching salary in the Mountain State to $43,000 by 2019.

Right now, teachers at the beginning of their careers make about $33,000 annually.

“We will work with the House and Senate to fulfill that goal,” Lee said of the target amount that is designed to make West Virginia’s teacher salaries competitive with surrounding states. “We can end this drought of teachers leaving this state and going across county borders,” he said.

The initial step in the multi-year plan was taken during the 2014 Regular Legislative Session when lawmakers approved a $1,000 across-the-board pay raise for teachers.

Lee said that is not enough, though, to retain the best teachers in the long-term.

The language in SB391, which was approved last year, did set the 2019 goal. But Lee said incremental increases for starting teacher pay must be codified so the raises do not get lost in any annual budget cuts.

For too long, Lee said, teacher pay has lagged behind those in many other professions.

“If we’re going to be a profession, which we are, we should be treated like professionals and we need to entice people to get into the classroom and stay and one way to do that is by getting the pay to a competitive level,” Lee said.

Education leaders in the state House of Delegates, according to Lee, are committed to addressing the starting pay before the Regular Legislative Session ends on March 14.

McDowell County store robbed at knifepoint

Two men robbed a McDowell County convenience store Monday morning, state police said.

The men—reportedly wearing coveralls, gloves and ski masks—entered the Maybeury Food Mart around 9 a.m. and demanded money. One of the men had a knife.

Troopers said they took the money and sped away.

The store is located along U.S. Route 52. 

Democratic delegate labels cap-and-trade bill ‘political stunt’

Democratic state legislators raised concerns Monday with a bill that would repeal the state’s Alternative Energy Portfolio Act.

Senate Minority Leader Jeff Kessler asked state Senate President Bill Cole to use a new procedural rule to call for an economic impact study on eliminating the act.

“It may create—and I know the objective is to create—more coal jobs,” Kessler said. “That’s a good thing and I’m all for that. But on the flip side of the coin, will it have an adverse effect on the creation of the gas jobs? Or will they balance each other? Or will there be a creation of both?”

The bill, on track to pass the Senate and House by the end of the week, would repeal the act, which opponents call the state’s “cap-and-trade” law. It passed in 2009 when U.S. Senator Joe Manchin was governor. It requires power companies to use an increasing percentage of alternate fuels. Many new members of the legislature criticized the law during their successful campaigns last year.

Del. Barbara Fleischauer (D-Monongalia) criticized the repeal efforts in remarks made Monday just before the bill passed the House Judiciary Committee.

“I think the bill is a stunt—a political stunt, that’s my opinion,” Fleischauer said. “I think it risks our ability to comply with something that’s coming.”

The delegate invited WVU College of Law professor James Van Nostrand to Monday’s meeting to answer questions. The professor said West Virginia was in better shape in efforts to comply with the EPA’s Clean Power rule by having the Alternative Energy Portfolio Act.

Del. Tim Manchin (D-Marion) twice tried to amend bill in committee, but was unsuccessful both times. He said the act had done no harm and the bill to repeal it “tears at my soul.” Manchin also said the portfolio act actually had a chance to help the coal industry.

“This bill actually benefited the coal industry by creating a method of research and development of clean coal technologies,” he said.

Both the House and Senate are dealing with the net-metering issue that is currently part of the act. There appears to be support to allow that to continue in separate pieces of legislation.

Craft beer industry waiting on Tomblin bill

Craft beer brewers are eagerly awaiting the details of Gov. Earl Ray Tomblin’s legislation to release restrictions on the industry to help it grow. The governor mentioned the industry in the State of the State Address last Wednesday.

“We must encourage the same innovation we ask of all of those investing in our state and allow our state’s entrepreneurs to put their skills to work without the burden of unnecessary state restrictions,” Tomblin said. “That’s why tonight I am proposing legislation to give our craft brewers increased opportunities to succeed as part of our state’s growing craft beer industry.”

Fayetteville craft beer expert Pat Strader said he hopes the legislation will include allowing a ‘Growler Hour’ at breweries.

“That’s going to give opportunities to other brewers who do not have a pub per say that they could things like a ‘Growler Hour’ will they will it up for you,” Strader said.

Such a move would help the craft breweries in West Virginia according to Strader.

“Tourism is big here in West Virginia. People take those home they share beer with their friends, it just continues to help get the word out there,” he said.

There are currently 11 craft beer breweries in West Virginia with five of those being located in brew-pubs.

The craft beer industry also hopes Tomblin’s bill will include a provision that will allow for beer tasting events much like wineries.

Flu still spreading in West Virginia

The flu is causing more problems in long term care facilities and a few day care centers across the state than it is in public schools according to the state Flu Coordinator Shannon McBee.

“I would expect high-levels of flu activity at least through January, mid-February,” McBee said.

There hasn’t been an outbreak reported in public schools. McBee said it appears counties have locked in to the joint campaign of the state Bureau of Public Health and the state Department of Education.

“That’s a good indication that our campaign has had some effect and people are adhering to our prevention messages about washing your hands, covering your cough and sneezes and staying home when you are sick,” McBee said.

A couple of things have contributed to this year’s outbreak. The season started earlier than normal and a federal government report issued Thursday said this year’s flu vaccine has only been 23 percent effective.

McBee said there are a lot of viruses going around and some are close to the flu but not exactly. She said the flu has a few distinct characteristics.

“Influenza is marked by a fever greater than 100-F with a cough and/or sore throat and most people experience body aches or chills,” she said.

New House clerk Harrison is familiar face in legislature

Changing leadership in the House of Delegates also brought a change in the House clerk, though the new addition is a familiar face around the legislature.

Former Delegate and Senator Steve Harrison left his job in the private sector to take the position under the new Republican leadership team.

“Leaving Poca Valley Bank after 18 years, I leave a lot of good relationships,” said Harrison. “But this is just an exciting time and an opportunity I just couldn’t pass up to work for Speaker (Tim) Armstead.”

Harrison represented Kanawha County in the legislature for 14 years, making him familiar with lawmaking process. But he admits there are things to learn, and for that he relies on the long-tenured legislative staff.

“We have a very experienced staff and I’m excited about working with them,” he said. “I was around here 14 years—10 on this side and four on the other—so I’m familiar with the process. But I may need help on some of the details.”

The clerk is responsible for reading bills in the House during floor sessions. The duties also include overseeing the printing of the journal and processing all bills as they move through the House.

Mingo Marijuana Bust

A man is now in jail after troopers say they found about 100 marijuana plants growing in a barn at his home.

Johnsie Gooslin, 36, has been charged with cultivation of marijuana.

After receiving a tip, troopers went to Gooslin's house at Rutherford Hollow in North Matewan, late Friday night.

Troopers were given consent to search, and found the plants in the barn.

Gooslin is now in the Southwestern Regional Jail awaiting arraignment.

Accused Sheriff Killer Incompetent

The man charged with gunning down the Mingo County Sheriff has been found incompetent to stand trial, and sentenced to life without mercy in a state mental hospital.

Tennis Maynard, 39, is accused of shooting Sheriff Eugene Crum in April 2013, as the sheriff ate lunch in his car in downtown Williamson.

Cabell County Judge Paul Farrell issued the ruling during a hearing Thursday afternoon in Huntington.

Farrell committed Maynard to Sharpe Hospital in Weston.

Maynard was charged with murder, attempted murder, and reckless indifference in the case. On those charges, Farrell sentenced him to life without mercy for murder, 3-15 years for attempted murder, and 1-4 years for reckless indifference.

If he would regain competency, Maynard would be tried on those charges. Judge Farrell says it's up to the hospital to let the court know if that would happen.

State’s working population down below 50 percent as legislative session begins

The state’s Secretary of Revenue says lawmakers cannot ignore the declining number of people in West Virginia who are actively working.

“It’s something that policymakers here in Charleston have to be concerned about because that dynamic is going to continue,” Bob Kiss said.

He was commenting on a Marketwatch report this week that noted the number of West Virginia adults with jobs — ages 16 and up — had fallen below 50 percent, to 49.8 percent in December compared with 62.7 percent nationally.

West Virginia is the only state to ever cross that mark in labor participation rate data from the U.S. Labor Department dating back to 1976.

One of the contributing factors, noted in the report, was the Mountain State’s aging population.

The news originally came on what was Day One of the 2015 Regular Legislative Session in Charleston, as Gov. Earl Ray Tomblin’s proposed budget for the 2015-2016 Fiscal Year was unveiled for lawmakers.

To be balanced, that $4.77 billion budget draws on roughly $70 million in targeted cuts along with $69 million from the Rainy Day Fund. The proposed targeted cuts follow two years of 7.5 percent across the board cuts.

New Republican leaders in the state Senate and state House of Delegates are currently conducting agency reviews to identify possible areas of waste in government spending.

Kiss said he does not think the amount of money needed to balance the budget without tapping into the Rainy Day Fund can be found by trying to root out waste, fraud and abuse.

“Certainly, I’d be willing to be shown otherwise,” he said. “But I’ve been here working with the budget since 1989 and if somebody was asking me — ‘Can I find tens of millions of dollars in fraud and abuse that could be redirected tomorrow?’ The answer’s no or even — ‘Can I find it?’ No.”

Kiss detailed how West Virginia compares to other states financially for members of the Senate Finance Committee on Thursday.

The 2015 Regular Legislative Session continues through March 14.

SBA, road fund, port authority among Tomblin’s targeted revenue cuts

There are several ways Gov. Earl Ray Tomblin proposes to balance next fiscal year’s budget. Some of those include shifting money to and from state agencies.

State Deputy Revenue Secretary Mark Muchow told members of the Senate Finance Committee Thursday the governor’s budget proposes suspending for one year the annual $11.5 million allocation from the general revenue fund to the state Road Fund and reducing the annual $8 million in sales tax revenue which goes to the state School Building Authority.

Other shifts include approximately $500,000 from the Infrastructure Development Fund and $4.3 million from the Public Port Authority. Bills will be introduced by the governor to reflect the proposed changes.

The governor’s budget for a second straight year takes money from the Rainy Day fund. State Budget Director Mike McKown told members of the House Finance Committee Thursday he believes bond rating agencies would have more concern if money is taken from the Rainy Day fund again for the 2017 fiscal year budget.

“We used $100 million last year and we’re using $68 million this year. They (rating agencies) see that as relying on that to balance your budget and they know that means you’re not structurally balanced,” McKown said.

The state now has the second highest bond rating because the Rainy Day fund is still at approximately $800 million dollars and it annually addresses its pension debts. McKown said the lack of diversity in the state’s economy is probably the only thing keeping it from a higher bond rating.

Cap-and-trade law suffers first blow

The state Legislature moved fast to repeal a controversial alternative fuels law adopted six years ago.

House and Senate Energy committees voted unanimously Thursday to roll back the Alternative Renewable Energy Portfolio Standard, a law opponents derisively call a state version of cap-and-trade.

The law is designed to lower emissions from West Virginia power plants by requiring them to use increasing amounts of alternative fuels: 10 percent by next year, 15 percent by 2020 and 25 percent by 2025.

The new Republican majority announced earlier that repealing “cap-and-trade” would be their first order of business, but they found support when all Democrats on the two committees joined in the move.

The law was pushed through in 2009 at the behest of then-Gov. Joe Manchin, who still supports it. Manchin said in a recent interview with MetroNews that his goal was to encourage the development of more efficient and less-polluting alternatives, including carbon-based sources such as coal gasification and liquefaction. Now a member of the U.S. Senate, Manchin was not happy with Thursday’s votes.

At the time, even the coal industry supported the measure, though now it has backed away. West Virginia Coal Association president Bill Raney spoke at both committee meetings Thursday in favor of repealing the law.

“It’s a different day today than it was in 2009,” Raney said. “We just don’t think the No. 2 coal-producing state with the best coal miners in the world need to be in the position of suggesting that we make electricity with something other than coal.”

Several committee members reporting hearing concerns from homeowners who have installed solar panels and now fear the repeal will prevent them from selling excess energy to utilities. An official with First Energy said, however, that if the law is revoked, the state Public Service Commission would still require power companies to buy the home-grown alternative electricity.

The bills revoking the alternative fuels law now head to the Judiciary Committees in both houses.

Arch Moore services Friday, Saturday

West Virginia’s only three-term governor will be remembered in services Friday and Saturday in Charleston and Moundsville. Former governor Arch A. Moore., Jr. died last week. He was 91.

Gov. Earl Ray Tomblin has ordered all U.S. and state flags at state-owned facilities to fly at half-staff both Friday and Saturday.

A memorial service is scheduled for 11 a.m. Friday at the state Culture Center in Charleston. The former governor’s family plans a receiving line beginning at 9:30.

Visitation services are set for Friday evening at Grisell Funeral Home in Moundsville. Moore will be remembered in funeral services at 11 a.m. Saturday at Simpson United Methodist Church in Moundsville.

Moore often said one of his great accomplishments as governor was planning and completing the 550-mile interstate system through the Mountain State. Current state Transportation Secretary Paul Mattox said looking back it was a great accomplishment.

“All of the exits, the interchanges, that we are aware of today, those gentlemen figured it all out back in the (1960s). Actually, started the construction of the interstate highway system during all three of Gov. Moore’s terms,” Mattox said.

Mattox said the system is a legacy to Gov. Moore. 

PSC postpones Appalachian Power rate increase hearing

The state Public Service Commission has postponed Tuesday’s scheduled start of an evidentiary hearing on Appalachian Power Company’s request for a 17 percent rate hike on its customers.

The PSC made the move because of an ongoing problem with the offices of the state Consumer Advocate. There was a major water leak in the Union Building in Charleston recently.

The hearing has been rescheduled to begin Jan. 20 but there’s a chance there will be a settlement between all the parties involved before then. Settlement negotiations are continuing.

The PSC hosted a pair of public hearings on the proposed increase Monday in Charleston, only a handful of Appalachian Power customers attended.

A.G. Warns of Heat Scam

Cold weather has many residents’ furnaces running-- and that means scammers see a chance to strike.

The West Virginia Attorney General's office has a warning for consumers, about a utility scam. Officials said people have been receiving phone calls threatening to shut off their heat if they don't immediately pay the bill.

“We just want to send a message to seniors that this scam is going around and that they should resist making any quick decisions that my cost them later on,” Attorney General Patrick Morrisey said.

Morrisey said if you're worried about your heating bill-- contact the utility company directly to work out a payment plan. If you think you've been a target of this scam, Contact the Attorney General's Consumer Protection Division.