Legislation to designate what streams in the state will be protected under the state's anti-degradation policy (SB456) is no longer caught in limbo in the Senate Finance Committee.

However, the version of the legislation advanced by the committee Wednesday would protect only 108 streams against new sources of water pollution, the lowest number of all the alternatives pending before the committee.

Originally, the bill designated 309 streams statewide for the Tier 2.5 designation, but the Senate Natural Resources Committee reduced that number to the industry-sought 108 streams.

That consists of 38 streams where no adjacent property owners voiced any objections during a public comment period conducted by the Department of Environmental Protection, as well as 70 streams located entirely on public lands.

Sen. John Pat Fanning, D-McDowell, proposed an amendment to increase the steams to 156, a compromise offered by the DEP, but the motion died on a 7-7 roll call vote.

"It was a close call," said Senate Finance Chairman Walt Helmick, D-Pocahontas, who vowed a day earlier that some version of the bill would emerge from the committee.

Don Garvin, with the West Virginia Environmental Council, said that if nothing else, the committee's action Wednesday keeps the bill alive.

For the past seven years, legislators have failed to approve a list of streams to be protected under the federal Clean Water Act.

"I believe the effort to get back to at least 156 streams will continue," said Garvin, who said he believes House leadership supports a higher number.

"If the bill is left at 108, 200 streams by default can be polluted down to the minimum water quality standards," said Garvin, adding, "Water is owned by you, me and everybody. It's not owned by the landowners."

Legislation to designate what streams in the state will be protected under the state's anti-degradation policy (SB456) is no longer caught in limbo in the Senate Finance Committee.

However, the version of the legislation advanced by the committee Wednesday would protect only 108 streams against new sources of water pollution, the lowest number of all the alternatives pending before the committee.

Originally, the bill designated 309 streams statewide for the Tier 2.5 designation, but the Senate Natural Resources Committee reduced that number to the industry-sought 108 streams.

That consists of 38 streams where no adjacent property owners voiced any objections during a public comment period conducted by the Department of Environmental Protection, as well as 70 streams located entirely on public lands.

Sen. John Pat Fanning, D-McDowell, proposed an amendment to increase the steams to 156, a compromise offered by the DEP, but the motion died on a 7-7 roll call vote.

"It was a close call," said Senate Finance Chairman Walt Helmick, D-Pocahontas, who vowed a day earlier that some version of the bill would emerge from the committee.

Don Garvin, with the West Virginia Environmental Council, said that if nothing else, the committee's action Wednesday keeps the bill alive.

For the past seven years, legislators have failed to approve a list of streams to be protected under the federal Clean Water Act.

"I believe the effort to get back to at least 156 streams will continue," said Garvin, who said he believes House leadership supports a higher number.

"If the bill is left at 108, 200 streams by default can be polluted down to the minimum water quality standards," said Garvin, adding, "Water is owned by you, me and everybody. It's not owned by the landowners."

On Wednesday's vote, Sens. Bowman, Chafin, Edgell, Fanning, Love, McCabe and Prezioso voted to increase the number of designated streams to 156, while Sens. Bailey, Boley, Facemyer, Guills, Sprouse, Sypolt and Helmick voted no. Sens. Plymale and Unger were not present during the vote.

The bill goes to the Senate Judiciary Committee.

Also Wednesday:

However, Sen. Brooks McCabe, D-Kanawha, warned that the immediate elimination of the tax would cost the state $80 million of tax revenue this year, which he said would preclude doing any other tax cuts this session.

Chairman Ed Bowman, D-Hancock, said the moratorium would give the Legislature time to study concerns raised by the West Virginia Convention and Visitors' Bureau Association over a potential proliferation of small city CVBs trying to draw down hotel-motel taxes.

The Legislature passed laws in 2005 and 2007 allowing cities and counties to increase hotel-motel taxes from 3 percent up to 6 percent, with half of all funds designated to the CVB or CVBs in the locality.

The committee previously approved a resolution to study whether towns are forming CVBs strictly to draw down hotel-motel tax funds, potentially diverting funds that otherwise would go to advertise and market tourism on a regional level.

"We felt the best way to approach a study was to also have a moratorium," Bowman said.

Under the bill, no new bureaus could be formed between now and June 30, 2009.

To contact staff writer Phil Kabler, use e-mail or call 348-1220.