Lawmakers told reporters Thursday that they were summoned to Charleston on Saturday by a lame-duck governor to discuss a potentially controversial energy bill that could benefit businesses. There was no official call from Gov. Jim Justice, but the timing in December sparked a necessary, time-sensitive question among members: Who was legally allowed to vote — current members or individuals who won their elections in November?
At the end of the day — after confusion, a run-in with state law and no word from the judiciary — several state lawmakers told West Virginia Watch that the special session would no longer take place due to complications in swearing in modern lawmakers. A Justice Department spokesman had no comment for this story.
State Department lawyers said state law, as amended in 1931, required newly elected lawmakers attending a special session to take an oath and attend.
More than two dozen modern members, mostly Republicans, would have been sworn in if they were present. Interim legislative sessions already scheduled for Dec. 9-10 for current lawmakers also complicated the timing of a special session.
Outgoing Sen. Mike Caputo, D-Marion, has served in the Legislature since 1996. “Well, now I can say I’ve seen it all,” he said.
Lawmakers found out about the possible special session Wednesday evening.
Caputo said Thursday afternoon that no one had given him instructions about whether he needed to sit in the Senate one last time. “I had planned to be there [December interim meetings] to fulfill my duties. I may not even have the authority to do this. I have to figure this all out,” he said.
Explaining how state law would have guided the matter, a spokesman for the Secretary of State said: “…If there is a special session, the Secretary of State must deliver the election certificates to the Legislature at the next subsequent session. If the special session were to take place, would be.” the newly elected representatives of the 2024 parliamentary elections will take office.”
Sen. Mike Oliverio, R-Monongalia, said the entire situation means lawmakers should proceed with caution.
“I would like to better understand why the governor feels that the timing is so vital to move so quickly, although it could easily be in January if we do not have any confusion at that time about which members are properly in office ” he said previously when announcing the cancellation.
The legislation would have benefited energy companies and offered them tax breaks
Lawmakers said they expect to consider a bill focused on renewable energy that would change the state’s certified industrial business expansion development program. It would have expanded the ability of companies to operate in the state.
House Speaker Vernon Criss, R-Wood, said he doesn’t expect the bill to cost the state money.
“Sometimes things come in that are critical and need to be done before the end of the calendar year from a tax or permitting perspective. Maybe it needs to be done the same way, but we just weren’t given that information,” Criss said. “Frankly, we don’t like being put under that kind of pressure from the House of Representatives.”
The Certified Industrial Business Expansion Development program was intended to bring renewable energy companies to the state. Lawmakers signed it during a special session in September 2022.
The next day company under Berkshire Hathaway purchased more than 2,000 acres in Jackson County to build a titanium smelting plant powered by a solar energy microgrid. Accordingly, it was an investment of 500 million US dollars to the Parkersburg News Sentinel. The project was too to supply solar energy to all customers within a special economic development district.
Berkshire Hathaway did not respond to a request for comment via publication about the special session’s proposed legislation.
The 2022 legislation requires electricity generated in the district from renewable sources to be used within the district or supplied to the wholesale market. Legislature removed the Civil Service Commissionthe state utility regulator, from any oversight.
The bill also created no more than two 2,250-acre certified high-impact commercial development districts, which must be located on land sold or leased by the state.
Legislation presented to lawmakers for the special session would have allowed for up to six development districts and 5,000 acres. It would also restrict that no more than three counties of major industrial business development importance may be located in the same service area of an electric utility operating in the state.
Criss, who voted for the 2022 measure, said the electric company First Energy, which serves parts of West Virginia, does not support the measure and could cause it to leave the state.
“They feel that in their long-term planning for more investment in West Virginia, they are definitely looking at West Virginia as an investment destination because of the natural gas situation and the construction of new sources of electricity,” he said. “But if this bill passes, it could change their minds and go somewhere else. We could well lose some energy generation assets.”
Criss said the proposed measure would also provide special tax treatment for corporations and allow eligible electric generating units to be assessed with a residual value for personal property tax purposes. This would reduce their property tax burden and potentially impact the county’s property tax collection.
Electric generating units approved under this Code section shall be assessed for personal property tax purposes at residual value.
Despite the growing Republican supermajority, Criss did not expect such a bill to pass, given the timing and potential impact on utilities.
“P“People don’t like being rushed into such a critical matter,” he said. “You would like to have a debate.”
House Minority Leader Sean Hornbuckle, D-Cabell, said he was trying to gather more information.
“I’m not sure if this is an initiative of Governor Justice or Governor-elect Morrisey, but the position of House Democrats is to aid the citizens of West Virginia by taking common-sense action, regardless of the internal struggles, that take place across the aisle,” he said.
The election of the Senate President is scheduled for Sunday
Senate members are expected to vote on their next Senate president on Sunday. Current Senate President Craig Blair, R-Berkeley, lost his primary in May.
Blair will stay in a non-voting capacity as chairman until January 8th.The race for Senate President became tighter to three candidates: Sen. Tom Takubo, R-Kanawha, Sen. Randy Smith, R-Tucker and Sen. Eric Tarr, R-Putnam.
