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Not rushing to repeal tainted HB6

It shouldn’t be that complicated to overturn House Bill 6.

There are three bills in the Ohio House and one in the state Senate to repeal the legislation that bailed out two failing nuclear power plants.

The $60 million that allegedly changed hands — to former House Speaker Larry Householder and four associates — to get this legislation passed through a supposed intricate conspiracy is at the center of a federal racketeering case.

Even supporters of HB6 say the bill is tainted and several support its repeal.

The Senate is moving at a slow but steady pace on a bipartisan bill — co-sponsored by state Sens. Sean O’Brien, D-Bazetta, and Stephanie Kunze, R-Hilliard — for complete repeal of the law.

“As public servants, it is our constitutional charge to always act in the best interest of all Ohioans,” O’Brien said. “This includes not taking bribes to further the interests of individual corporations or other entities and not passing legislation that will put a significant financial burden on taxpayers just for power’s sake and to line the pockets of oneself and a few select cronies.”

The Senate Energy and Public Utilities Committee had a sponsor hearing Tuesday on the bill. O’Brien told me that Senate President Larry Obhof, R-Medina, wants the bill up for a vote around election time. It could be handled much quicker, but at least there’s a timeline.

In the House, there isn’t even that.

State Reps. Michael J. O’Brien, D-Warren, and Michael Skindell, D-Lakewood, introduced legislation July 29 — eight days after Householder and the others were arrested — to repeal HB6.

But the Michael O’Brien-Skindell proposal hasn’t even been assigned to a committee. Efforts by the two to seek a discharge petition failed. The petition, O’Brien said, is a little-used provision to bypass committee hearings if it hasn’t been assigned to one 30 days after its introduced. If at least 50 members sign off on the petition, it goes to the House floor for a vote.

None of the 62 Republicans in the House supported the petition effort during Tuesday’s session.

“We’re creating bridges over every roadblock we’ve found,” said a clearly frustrated Michael O’Brien.

He had planned to introduce an amendment Tuesday to repeal HB6. When Republicans found out, O’Brien said they abruptly adjourned.

“The saga continues,” he said. “Everyday is another day they refuse to repeal House Bill 6.”

New Speaker Bob Cupp, R-Lima, said he canceled the session because the amendment was going to take the House “in a reckless and hasty direction.”

Cupp had decided to create a 15-member House Select Committee on Energy Policy and Oversight to “focus on energy issues and be tasked with crafting legislation to repeal and replace House Bill 6.”

There’s already three bills to repeal HB6. Some are also pushing for replacement. But right now the pressing matter is repealing it, particularly because it’s going to start impacting people Jan. 1, 2021. That’s because HB6 provided a $1.3 billion ratepayer bailout of the two nuclear power plants owned by former subsidiaries of FirstEnergy Corp. from 2021 to 2027. It starts in less than four months.

Ohio Attorney General Dave Yost, a Republican, has said he’ll sue to stop the bailout from taking effect.

“Guilt or innocence is not relevant to repeal,” he said. “Whether the evidence reaches proof beyond a reasonable doubt for a criminal conviction doesn’t change the obvious: HB6 is the fruit of corruption.”

The new House committee doesn’t have a schedule as to when it would create legislation to repeal HB6 with Cupp saying it will start hearings “rather quickly.” O’Brien objects to its creation, but he’s one of six Democrats — and the Valley’s only representative — on the committee. There are nine Republicans on it.

Cupp said: “Our goal is to have an open and thorough process for repealing House Bill 6 and replacing it with thoughtful legislation Ohioans can have confidence in” because Householder’s indictment is “casting a dark cloud over Ohio’s energy policy.”

Michael O’Brien is skeptical, saying it’s yet another stall tactic.

Skolnick covers politics for the Tribune Chronicle and The Vindicator.

dskolnick@tribtoday.com

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