Gov. Jim Justice went on a vetoing spree last week, shooting down the vaccine exemption bill but also killing the research funding for the Rockefeller Neuroscience Institute and solar power expansion for the state’s utilities.
We’ve already applauded the first and lamented the second, so let’s talk about the third.
HB 5528 would have slightly modified existing law allowing utility companies to build and operate solar arrays. Currently, utility companies can own and operate solar plants that produce up to 50 megawatts each, capped at a total of 200 MW per utility. HB 5528 would have allowed solar plants to produce up to 100 MW each but kept the 200 MW per utility cap. Basically, instead of building four 50 MW plants, utilities could have two 100 MW plants instead. The bill also removed the 2025 sunset date to give utilities more time to build their solar arrays.
This bill had a shocking amount of bipartisan support: It had six Republican and three Democratic sponsors, almost two-thirds of the House of Delegates voted in favor of it and it passed the Senate 32-1. It is rare to have so many people from both parties agree on something. That should have been a strong indicator to Justice that this was a bill worth passing.
But here’s why Justice’s veto really stinks: His veto is a clear conflict of interest.
First, Justice’s personal wealth (or, theoretical wealth) is tied up in coal. In vetoing HB 5528, Justice specifically said he was afraid it would “cripple” the coal industry. Even if we believe that he has handed over the operations to his kids (until the assets are taken out of his name and placed in a blind trust, he still technically has a say in their operation), he still benefits financially from any success his coal companies experience.
But he has another conflict of interest: He’s running for a national office that requires statewide support. And it will benefit his campaign immensely for him to be able to tell voters in the southern coalfields that he “saved” coal by vetoing this solar bill. Again — it didn’t increase total solar capacity; it only increased the capacity for individual solar plants. His veto doesn’t actually impact the coal industry any more than the original bill did — but he can use this to whip up support for his Senate run.
But what makes Justice’s veto even more egregious is that it’s basically a middle finger to all the businesses that would come to the Mountain State if they could include solar power in their energy portfolios. An Appalachian Power official testified before the Legislature that businesses have approached the utility and said they’d be interested in West Virginia, but their corporate policies require they use a certain amount of renewable energy. That interest is the driving force behind support for solar in the Legislature; lawmakers know that the best way to attract businesses is to give them what they are looking for. And allowing for larger solar plants would have let utilities build up their solar capacity faster — hopefully bringing those businesses to West Virginia sooner rather than later.
With his veto, Justice prioritized his personal political and financial well-being over the state’s economic future.
