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.