CHARLESTON -- The public wouldn’t have access to government information about how much power companies are paying to purchase credits to offset their carbon emissions under a bill currently before the Legislature.
House Bill 408 is one of a handful of bills state lawmakers are taking up during the special session, which began Tuesday. It would make several revisions to the state’s Alternative and Renewable Energy Portfolio Standard, a state law passed earlier this year requiring large utilities to get 25 percent their energy from alternative or renewable sources by 2025.
Among the provisions is a requirement that th state Public Service Commission maintain a registry of energy credits bought, traded and sold in West Virginia. But after several hours of negotiations involving industry officials and representatives from the governor’s office, an amendment to HB 408 was drafted allowing the PSC to instead use an independent and industry-recognized system to track credits.
The amendment also prevented public disclosure of pricing information collected under the system, essentially exempting the information from Freedom of Information requests.
Not all lawmakers were happy with the changes when the proposed amendments hit the House Government Organization Committee. Delegate Mike Manypenny, D-Taylor, unsuccessfully tried to convince fellow committee members to change the amendment to exclude the provision blocking public access to credit prices.
“I think a lot of us don’t feel comfortable hiding anything from the public, and I think the FOIA exemption does just that,” Manypenny said.
Matt Turner, spokesman for Gov. Joe Manchin, said the provision was included because the state was planning to rely on PJM Interconnection to track the credits, and PJM doesn’t include purchase prices for individual transactions. Relying on PJM means there will be no cost to the state, he said.
PJM is a regional transmission organization that coordinates the movement of wholesale electricity and manages the electric grid in 13 states and Washington, D.C.
Another provision in the bill would strike language in existing law preventing companies from using federally mandated reductions in emissions as credit for complying with the state’s alternative energy portfolio. Turner said that would prevent utilities from worrying about meeting two sets of efficiency standards that would stack on top of one another.
The bill also gives the PSC the authority to broaden the types of advanced coal technology that would count as alternative energy.
If HB 408 passes the House Friday, the bill must win Senate approval.