Three bills, originally crafted by the American Legislative Exchange Council (ALEC), were recently introduced in West Virginia by Senator Ron Walters. The first, a version of ALEC's Verifiable Science Act (HB 4312), would require the public release of any data the legislature uses to support the passage of legislation. This bill would do nothing to enhance the legislative process in West Virginia. It could cast a shadow over sound science, and cause unwarranted public skepticism about the effectiveness of regulation. The West Virginia Protection of Air Quality Related Values Act (HB 4428) is targeted at limiting federal authority in cases where polluters impact "related values" to air quality in Class I areas, as defined under section 162 of the federal Clear Air Act (CAA), primarily consisting of national parks and wilderness areas over a certain acreage. The act would also streamline air permitting for owners/operators seeking to establish new facilities or facility modifications within Class I areas. The Performance Based Permitting Act (HB 4454), the last of the three, purports to strengthen the state's ability to deny permits when, in reality, it does the opposite. It authorizes renewal of permits without agency action when a company has a good compliance record for at least two years. A company that "...implements an environmental management system, which results in performance surpassing the department's minimum compliance standards [Section 9(f)]," would receive the added benefits of expedited five-year permit renewal, fewer inspections, expedited review of requests for permit modifications, or other incentives. The authors believe that by looking the other way when a company has been in compliance, the state would be able to focus its energy on companies in non-compliance. In theory, a company could be in compliance for two years, receive their permit, and then be out of compliance for five years without the state's knowledge. This is irresponsible public policy. Someday, we may reach the point where environmental regulation is run on a "trust, but verify" basis -- but this would require a sea-change in vision on the part of business -- one where public health, not money, is the bottom line. Luckily, West Virginia followed in the footsteps of Florida legislators who have killed a nearly identical bill for the past several legislative sessions. All three bills died at the end of the legislative session.

Ran 5/3/04