WVEC Action AlertApril 3 , 2005Note: the house shut down April 4 due to computer trouble, so SB 287/HB 2889 is now scheduled to be taken up in the house after 11AM on April 5. For all we know, the vote may be delayed even further. If it is, we will post information here (no more eqb alerts tomorrow, we promise). Urgent Action Alert Save EQB – Oppose SB 287/HB 2889Please contact members of the House of Delegates (see contact information below or in sidebar) and ask them to oppose dirty water and vote against SB 287/HB 2889. SB 287HB 2889 -- a bill that will let the Department of Environmental Protection determine the state’s water quality standards, instead of the independent Environmental Quality Board – is scheduled for a final vote on the House floor on Monday morning (April 4). Please contact your Delegates and let them know that they should vote against this bill. Each Delegate will receive a copy of the letter below first thing in the morning. Vote “NO” on SB 287/HB 2889Members of the WV House of Delegates: The vote you will cast today on SB 287/HB 2889 will determine which agency develops water quality standards for the State of West Virginia. This is the most important vote you will cast this session on an environmental issue, and the result will determine in large part how clean (and how dirty) our water will be. SB 287 will let the Department of Environmental Protection determine the state’s water quality standards, instead of the independent Environmental Quality Board. In other words, this bill would transfer the EQB’s rulemaking authority to the DEP. In addition, SB 287 would strip EQB of its responsibility for approving “re-mining” variances, again transferring that authority to DEP. EQB would continue to exist only as an appellate board – hearing appeals of DEP permits. Under current law the Environmental Quality Board (EQB) promulgates West Virginia’s water quality standards. Currently the board consists of five members, all of whom must have “expertise in water husbandry,” they are appointed by the governor, they serve staggered three-year terms so all are not appointed by the same governor, only three can be of the same political party, and none can work for any company that gets NPDES permits from the DEP. The EQB is the closest thing we can get to an “independent” board in this state. All of its deliberations and decisions are made in full public view and with full and open public notice and comment. The EQB has in the past had excellent and knowledgeable technical, legal and clerical staff. We would argue that ALL environmental rulemaking, including rules for mining and air quality, should be handled using the EQB model. SB 287 is NOT a result of the legislature’s own rulemaking procedure. It is not a product of the Joint Interim Rulemaking Committee. The 2004 Legislature mandated that the EQB rulemaking process be studied in Interims, but this was not done. SB 287 is NOT the Governor’s bill. In fact, DEP says it is not their bill. Make no mistake about it, this is a polluter’s bill. This bill was originally drafted by lobbyists for industries that pollute our rivers, streams, and groundwater. Make no mistake about it, this bill is only supported by interest groups who want to weaken the state’s water quality standards. SB 287 does not spell out HOW the DEP will promulgate water quality standards. What internal process will DEP use, and how will the public -- and indeed all stakeholders – be involved, in a manner as open as is the current EQB process? This bill does not provide a process. The EQB system is not broken. The Environmental Quality Board should continue to be the independent agency that develops water quality standards for the state. We urge you to cast a vote today for clean water for tomorrow. We ask that you vote “NO” on SB 287/HB 2989. Thank you, So please contact your members of the House of Delegates today or tomorrow and urge them to vote against the Committee Substitute for HB 2889. The toll-free number to reach your Delegates’ and Senators’ offices is 1-877-565-3447. Or you can find your legislator’s direct capitol number at the web site www.legis.state.wv.us or by using the links in the sidebar.. For more information contact Don Garvin at either DSGJR@aol.com or (304) 539-7399. Urgent Action Alert Save EQB – Oppose SB 287/HB 2889Please contact members of the House of Delegates (see contact information below) and ask them to oppose dirty water and vote against SB 287/HB 2889. SB 287HB 2889 -- a bill that will let the Department of Environmental Protection determine the state’s water quality standards, instead of the independent Environmental Quality Board – is scheduled for a final vote on the House floor on Monday morning (April 4). Please contact your Delegates and let them know that they should vote against this bill. Each Delegate will receive a copy of the letter below first thing in the morning. April 4, 2005 Vote “NO” on SB 287/HB 2889Members of the WV House of Delegates: The vote you will cast today on SB 287/HB 2889 will determine which agency develops water quality standards for the State of West Virginia. This is the most important vote you will cast this session on an environmental issue, and the result will determine in large part how clean (and how dirty) our water will be. SB 287 will let the Department of Environmental Protection determine the state’s water quality standards, instead of the independent Environmental Quality Board. In other words, this bill would transfer the EQB’s rulemaking authority to the DEP. In addition, SB 287 would strip EQB of its responsibility for approving “re-mining” variances, again transferring that authority to DEP. EQB would continue to exist only as an appellate board – hearing appeals of DEP permits. Under current law the Environmental Quality Board (EQB) promulgates West Virginia’s water quality standards. Currently the board consists of five members, all of whom must have “expertise in water husbandry,” they are appointed by the governor, they serve staggered three-year terms so all are not appointed by the same governor, only three can be of the same political party, and none can work for any company that gets NPDES permits from the DEP. The EQB is the closest thing we can get to an “independent” board in this state. All of its deliberations and decisions are made in full public view and with full and open public notice and comment. The EQB has in the past had excellent and knowledgeable technical, legal and clerical staff. We would argue that ALL environmental rulemaking, including rules for mining and air quality, should be handled using the EQB model. SB 287 is NOT a result of the legislature’s own rulemaking procedure. It is not a product of the Joint Interim Rulemaking Committee. The 2004 Legislature mandated that the EQB rulemaking process be studied in Interims, but this was not done. SB 287 is NOT the Governor’s bill. In fact, DEP says it is not their bill. Make no mistake about it, this is a polluter’s bill. This bill was originally drafted by lobbyists for industries that pollute our rivers, streams, and groundwater. Make no mistake about it, this bill is only supported by interest groups who want to weaken the state’s water quality standards. SB 287 does not spell out HOW the DEP will promulgate water quality standards. What internal process will DEP use, and how will the public -- and indeed all stakeholders – be involved, in a manner as open as is the current EQB process? This bill does not provide a process. The EQB system is not broken. The Environmental Quality Board should continue to be the independent agency that develops water quality standards for the state. We urge you to cast a vote today for clean water for tomorrow. We ask that you vote “NO” on SB 287/HB 2989. Thank you, So please contact your members of the House of Delegates today or tomorrow and urge them to vote against the Committee Substitute for HB 2889. The toll-free number to reach your Delegates’ and Senators’ offices is 1-877-565-3447. Or you can find your legislator’s direct capitol number at the web site www.legis.state.wv.us . For more information contact Don Garvin at either DSGJR@aol.com or (304) 539-7399.
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