Legislation ostensibly intended to increase business for a McDowell County landfill (SB770) passed the Senate Wednesday - over objections that it will open the entire state for out-of-state garbage.

As drafted, tipping fees for landfills in the state would drop by $1.50 a ton if the total amount of solid waste statewide exceeds 570,000 tons a month for three consecutive months.

Backers of the bill said it would lower the tipping fee so that the McDowell County landfill would attract business from out-of-state waste haulers.

However, some senators objected that the state shouldn't open itself to out-of-state garbage simply to aid McDowell County's struggling economy.

"Unfortunately, we're lowering the tipping fee, so we can attract more business in the form of garbage," said Sen. John Unger, D-Berkeley. "In the Eastern Panhandle, we're not open for trash and we don't want more out-of-state trash."

Senate Finance Chairman Walt Helmick, D-Pocahontas, said the unfortunate reality is that McDowell, once the state's second-largest county at the peak of coal boom-times, needs a landfill for its economic development.

"McDowell County gave so much to the state, and now they have to claw for any way to survive," he said. 

The bill passed the Senate 26-7, and goes to the House.

Also Wednesday, the Senate passed 33-0 and sent to the House a Manchin administration bill to revise state corporate net income taxes.

The bill goes to the House with a Republican-backed accelerated rollback of the tax, down to 6.5 percent in 2012, rather than 2014 as in the governor's bill.

Sen. Brooks McCabe, D-Kanawha, had hoped to amend the bill back to its original form to avoid the loss of $40 million a year in tax collections, but could not do so because of procedural rules. McCabe hopes the changes can be made in the House.

Wednesday was the final day this session for the Senate to act on Senate bills.

One controversial bill appeared to die Wednesday. The bill (SB758) would have allowed legislators to obtain health insurance through the Public Employees Insurance Agency at a discount of several thousand dollars a year.

The bill would allow legislators to pay the same premiums as other state employees. Currently, legislators who buy PEIA coverage pay both the employee premium, as well as the employer's share of premiums, which runs from about $500 to $800 a month depending on the type of coverage.

As drafted, tipping fees for landfills in the state would drop by $1.50 a ton if the total amount of solid waste statewide exceeds 570,000 tons a month for three consecutive months.

Backers of the bill said it would lower the tipping fee so that the McDowell County landfill would attract business from out-of-state waste haulers.

However, some senators objected that the state shouldn't open itself to out-of-state garbage simply to aid McDowell County's struggling economy.

"Unfortunately, we're lowering the tipping fee, so we can attract more business in the form of garbage," said Sen. John Unger, D-Berkeley. "In the Eastern Panhandle, we're not open for trash and we don't want more out-of-state trash."

Senate Finance Chairman Walt Helmick, D-Pocahontas, said the unfortunate reality is that McDowell, once the state's second-largest county at the peak of coal boom-times, needs a landfill for its economic development.

"McDowell County gave so much to the state, and now they have to claw for any way to survive," he said. 

The bill passed the Senate 26-7, and goes to the House.

Also Wednesday, the Senate passed 33-0 and sent to the House a Manchin administration bill to revise state corporate net income taxes.

The bill goes to the House with a Republican-backed accelerated rollback of the tax, down to 6.5 percent in 2012, rather than 2014 as in the governor's bill.

Sen. Brooks McCabe, D-Kanawha, had hoped to amend the bill back to its original form to avoid the loss of $40 million a year in tax collections, but could not do so because of procedural rules. McCabe hopes the changes can be made in the House.

Wednesday was the final day this session for the Senate to act on Senate bills.

One controversial bill appeared to die Wednesday. The bill (SB758) would have allowed legislators to obtain health insurance through the Public Employees Insurance Agency at a discount of several thousand dollars a year.

The bill would allow legislators to pay the same premiums as other state employees. Currently, legislators who buy PEIA coverage pay both the employee premium, as well as the employer's share of premiums, which runs from about $500 to $800 a month depending on the type of coverage.

Bills passed by the Senate and sent to the House include legislation:

"It's a compromise that went horribly wrong, and it's a compromise that just didn't work," Senate Judiciary Chairman Jeff Kessler, D-Marshall, said of the Tier 2.5 standard.

Critics of the federal mandate to require states with comply with a variety of standards for drivers' licenses and identification cards have raised concerns about costs, and the potential invasions of privacy.

While states' participation in REAL ID is voluntary, REAL ID-compliant licenses will be required to board commercial airliners, enter federal building, open bank accounts, or apply for any federal benefits.

Sen. Frank Deem, R-Wood, said the bill is unnecessary.

"The DMV is already doing 90 percent of what is required under REAL ID," he said.

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