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Friday, May 29, 2009
ONE HUNDRED EIGHTH DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
                              

     The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard Thompson, Speaker.
     Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
     The Clerk proceeded to read the Journal of Thursday, May 28, 2009, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Messages from the Executive
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston, WV 25305
May 7, 2009
Veto Message
The Honorable Richard Thompson
Speaker
West Virginia House of Delegates
State Capitol
Charleston, WV 25305
Dear Speaker Thompson:
     Pursuant to the provisions of Section Fourteen, Article VI1 of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for Senate Bill No. 715.
     Enrolled Committee Substitute for Senate Bill No. 715 would allow for the modification of existing West Virginia/National Pollutant Discharge Elimination System ("NPDES") permits containing limitations for the discharge of phosphorous and nitrogen into the Chesapeake Bay watershed and would direct the Secretary of the Department of Environmental Protection ("DEP") to establish a program of nutrient trading and off-sets.
     While I support the Legislature's efforts to reduce the amount of nutrients discharged into the Chesapeake Bay watershed, I must object to this Bill because of potential conflicts with federal environmental laws. The Bill would require the Secretary of DEP to modify existing permits to grant permit holders a reasonable period of time to attain affordable compliance with any requirement related to the discharge of nitrogen and phosphorous into the Chesapeake Bay watershed. However, the federal Clean Water Act requires that compliance schedule for meeting new discharge requirements be established on an "as soon as possible" basis. Therefore, West Virginia/NPDES permits may not be conditioned on afford ability or the availability of funding, and such permits would not be approved by the Environmental Protection Agency.
     For this reason, I must veto Enrolled Committee Substitute for Senate Bill No. 715. If the Legislature decides to consider this measure again in the future, the provisions of the Bill should be amended to limit risk to the State's NPDES program delegation.
                                        Very truly yours,
                                        Joe Manchin, III
                                         Governor.
Messages from the Senate
     A message from the Senate, by
     The Clerk of the Senate, announced that, upon reconsideration, the Senate had amended and again passed, in an effort to meet the objection of the Governor, and requested the concurrence of the House of Delegates in the same, as to
     Enr. Com. Sub. for S. B. 715, Establishing Chesapeake Bay Restoration Initiative.
     On motion of Delegate Boggs, the bill was taken up for immediate consideration and the House of Delegates proceeded to reconsider the bill, as amended by the Senate, in an effort to meet the objections of the Governor.
     The following Senate amendments were then reported by the Clerk:
     On page three, section thirty, line fifty-eight, by striking out "2012" and inserting in lieu thereof "2011".
     On page four, section thirty, line seventy-three, by striking out "2012" and inserting in lieu thereof "2010".
     On page four, section thirty, line seventy-five, after the word "improvements" by inserting the words "for public facilities".
     On page four, section thirty, by striking out subsection (h) in its entirety.
     And,
     By relettering the remaining subsection.
     And by amending the title of the bill to read as follows:
     Enr. Com. Sub. for S. B. 715 - "An Act to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-11-30, relating to the protection of the Chesapeake Bay Watershed; establishing a nutrient trading and offset program; proposing nutrient performance standards for wastewater treatment facilities; and recommending a program to fund capital improvements needed to meet nutrient removal requirements."
     On motion of Delegate Boggs, the House of Delegates then concurred in the Senate amendments.
     The Speaker propounded "Shall the bill pass, in an effort to meet the objections of the Governor?"
     On this question, the yeas and nays were taken (Roll No. 531), and there were--yeas 84, nays none, absent and not voting 16, with the absent and not voting being as follows:
     Absent and Not Voting: Cann, Craig, Doyle, Ellem, Hutchins, Manchin, Manypenny, McGeehan, Michael, Miley, Perdue, Shook, Staggers, Susman, Tabb and Wooton.
     So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Enr. Com. Sub. for S. B. 715) passed, as a result of the objections of the Governor.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Leaves of Absence
     At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Cann, Craig, Doyle, Ellem, Hutchins, Manchin, Manypenny, McGeehan, Michael, Miley, Perdue, Shook, Staggers, Susman, Tabb and Wooton.
     At 11:18 a.m., the House of Delegates adjourned until 9:00 a.m., Saturday, May 30, 2009.