Day 31: State funding for a battery plant survives attacks by opponents
And lawmakers are addressing the financially troubled PEIA
Good morning and welcome back to 60 Days.
Today is February 10th, 2023, the 31st day of the West Virginia Legislature’s regular session.
As the late NPR legend Carl Kasell used to say after the 5 a.m. newscast, his first of the morning, “it’s all downhill from here!”
That doesn’t mean the road to final night on March 11th is going to be easy. In fact, it may feel more like heading down Sandstone Mountain on I-64 with no brakes.
But DON’T PANIC.
Even though major bills are still in play — think tax cut legislation and a measure splitting the Department of Health and Human Resources into three agencies — Dave and I will be here to see it through to the end.
It’s going to take plenty of coffee, though. Let’s hope we don’t have to take one of those emergency escape ramps.
If you like a little controversy with your lawmaking, keep an eye on the House of Delegates today.
House Bill 2882 will up for passage on the floor. That’s the measure that would put $105 million in state funds toward bringing the Massachusetts-based company Form Energy to Weirton. The company wants to open a battery plant on the site of the old Weirton Steel. When all is said and done, the total state investment is expected to top out at around $290 million.
Form Energy is developing next-gen batteries that can be used to shore up the power grid. In addition to state money, the company says it’s putting some $350 million toward the project. Officials say it will create at least 750 well-paying jobs in an area that was devastated by the loss of Weirton Steel.
HB 2882 was on second reading, the amendment stage yesterday. And while I knew there was opposition among lawmakers, I didn’t know the extent of it.
I watched the floor session courtesy of my old employer, West Virginia Public Broadcasting. At one point, I left to walk my Ornery Dog Jasper (ODJ for short) and when I got back, the debate was still going strong.
The interesting thing to me? The Form Energy project has split supermajority Republicans.
Opponents say the company is a start-up that makes for a risky investment and that the batteries it plans to make would threaten coal’s status in power generation. The amendments they offered would have gutted the bill. But they were turned back by supporters who point to those 750 jobs, a chance at revitalizing Weirton and the need to diversify the state’s economy and embrace the future.
Judging by the amendment votes, I expect the bill to pass the House. But the debate beforehand ought to be something to see.
Here are the rest of the bills that will be on the passage stage when the House convenes at 9 a.m. today.
Com. Sub. for H. B. 2218 - Distracted Driving Act
Com. Sub. for H. B. 2832 - Clarifying appropriate and inappropriate duties for school counselors while also providing the definition of a school counselor
H. B. 2882 - Making a supplemental appropriation to the Department of Economic Development
Com. Sub. for H. B. 3130 - Creating the Coalfields Energy Research and Economic Development Authority
Com. Sub. for H. B. 3145 - Recognizing the Commission on Uniform State Laws as a presumptive provider of continuing legal education
NOTABLY: The closely watched bill that would split DHHR into three agencies debuts on the House floor this morning. It will be on first reading. The House Finance Committee advanced it on Wednesday.
Com. Sub. for H. B. 2006 - Relating to reorganizing the Department of Health and Human Resources
Here’s the House committee schedule:
8:45 a.m. – the Rules Committee will meet behind the House Chamber
Immediately following the 9 a.m. floor session – the Judiciary Committee will meet in the committee meeting room, 410M.
30 minutes after floor session – the Education Committee will meet in the committee meeting room, 432M.
The Senate also convenes its floor session at 9 a.m. today and while it doesn’t seem to have anything likely to spark too many fireworks on its floor agenda, here are the bills on third reading.
Eng. S. B. 234 - Clarifying uniform statewide deadline for electronically submitted voter registration applications (original similar to HB3008)
Eng. Rev. Com. Sub. for S. B. 250 - Requiring certain drivers display student driver sign on rear of vehicle
Eng. Com. Sub. for S. B. 302 - Relating to Law Enforcement Safety Act
Eng. Com. Sub. for S. B. 472 - Creating criminal offense of indecent exposure in front of minors - (With right to amend)
Eng. Com. Sub. for S. B. 484 - Clarifying terms and offense of human smuggling
Eng. Com. Sub. for S. B. 490 - Patrol Officer Cassie Marie Johnson Memorial Act
Eng. S. B. 493 - Exempting WV veterans from certain fees and charges at state parks
Eng. Com. Sub. for S. B. 515 - Clarifying deadline to file annual report for companies authorized to do business in WV
Eng. S. B. 529 - Allowing businesses to register as limited liability limited partnerships
Eng. Com. Sub. for S. B. 532 - Sex Offender Registration Act
Eng. S. B. 533 - Relating to limitations on motor vehicle used by nonprofit cooperative recycling associations
Eng. H. B. 2602 - Reestablishing certain specialized school service personnel classifications

The Senate Health and Human Resources Committee has advanced a closely watched bill that addresses the financially troubled Public Employees Insurance Agency.
SB 268 was sent over to the Senate Finance Committee on Thursday. It would address low reimbursement rates that PEIA has been paying medical providers. It would set them at 110% of the Medicare rate.
Just before the legislative session began, Wheeling Hospital set off alarm bells when it announced that beginning this July, it would no longer accept PEIA due to the agency’s reimbursements.
PEIA insures more than 200,000 state workers, many of them teachers.
It’s facing a financial crisis …. again. Mountain State Spotlight published a story about it last week. You can read it here.
Here’s the Senate Committee Schedule for today, such as it is:
10 a.m.: Workforce (208W) Presentation: Senator Rollan Roberts – An Innovative Approach to Enhancing the Labor Force Participation Rate (LFPR) in WV
And with that, another legislative week draws to a close today.
If there’s something you think we should know about — or maybe you just want to say hello, you can simply reply to this email or reach us at 60daysgilesdave@gmail.com.
Giles is on Twitter @gilessnyder and Dave can be found @davemistich.
Wait, isn’t coasting down Sandstone Hill without brakes must-(try-to)-do on every eastward journey on I-64!