Dewine stands by bailout
Governor against repeal of energy bill despite evidence crooked scheme greased the skids
Ohio House Speaker Larry Householder is accused of accepting $60 million in bribes with one goal in mind: Pass a $1 billion bailout for two nuclear plants in northern Ohio.
Now, a group of bipartisan lawmakers who opposed the bill to subsidize two Firstenergy Solutions’ plants want to repeal the fee on Ohioans’ electric bills. However, Gov. Mike Dewine, who signed House Bill 6 into law last summer, said he will not support an effort to repeal it.
“We need balance in our energy,” Dewine said Wednesday.
Still, some lawmakers are committed to eliminating the controversial energy bill.
“Failure to repeal HB 6 would allow it to stand as a monument to the corrupting power of dark money -- now and into the future -- to bend the legislature to its will as long as it is willing to spend enough cash,” wrote Sen. Sean O’brien, D-bazetta, in a request for fellow lawmakers to join him.
Republican Sen. Stephanie Kunze, of Hilliard, is working with him on the repeal effort.
In the House, two Republicans -Reps. Mark Romanchuk of Ontario and Laura Lanese of Grove City -- and two Democrats – Reps. Mike Skindell of Lakewood and Michael O’brien of Warren -- are crafting legislation to upend the nuclear bailout.
“Corruption has no place in our government, regardless of political party. When corruption is revealed, it is important we act quickly to fix what has been broken,” Skindell said in a news release.
How did House Bill 6 pass?
Two nuclear plants, owned by Firstenergy Solutions, were slated to close without an infusion of money. Parent company Firstenergy Corp. had lobbied lawmakers unsuccessfully for years for help.
Enter House Bill 6, a proposal to charge Ohio ratepayers a monthly fee on their utility bills in order to rescue the two nuclear plants while slashing incentives for renewable energy.
Householder handpicked freshman Republican lawmakers to introduce the bill, coached them through its intricacies and strongarmed legislators who were on the fence about passing the bill, according to the charges against him.
Householder’s “dark money” group, Generation Now, spent about $15 million on advertising to persuade lawmakers to pass House Bill 6 or provide cover for those who did support it, according to the federal complaint. That money came from “Company A” and its subsidiaries, which facts in the complaint make clear was Firstenergy Corp.
Ultimately, the bill passed the House and Senate narrowly and was signed by Dewine in July 2019. A bitter battle to place the issue before voters ultimately failed, thanks to well-funded opposition from Generation Now and Householder’s allies.
The law is now on Ohio’s books. Starting Jan. 1, Ohioans will pay 85 cents a month on their electric bills, raising about $150 million a year for the two nuclear plants outside Toledo and Cleveland.
How to repeal House Bill 6?
Those who opposed the bill all along are now calling for it to be repealed. The Ohio Environmental Council Action Fund, Sierra Club, conservative Buckeye Institute and others have all called for H.B. 6 to be repealed.
But repealing the measure could be a challenge. For one, it’s not clear when the Ohio House of Representatives will meet next or who will lead them when they do. Householder has not resigned despite calls to do so.
For another, 51 lawmakers in the House and 19 in the Senate voted for H.B. 6, in part to keep nuclear plants afloat.
“I held my nose and voted for House Bill 6, which I believed to be the lesser of two evils,” said Sen. Jay Hottinger, R-newark. He said Senate Republicans had not discussed the future of H.B. 6 as of Wednesday morning.
“There are many important factors to consider while discussing the options lawmakers may consider in the days ahead. Among them, the thousands of jobs tied to the plants and school district budgets that could be affected by any policy change.”
The bill was a complicated amalgamation of subsidies for nuclear power, solar power and two coal plants. Incentives for renewable energy and energy efficiency were eliminated to offset costs. Any repeal could be equally complex.
Repealing House Bill 6 also would cause a domino effect on jobs at the Perry and Davis-besse power plants in northern Ohio, Senate Republican spokesman John Fortney said.
“There are many important factors to consider while discussing the options lawmakers may consider in the days ahead,” he said. “Among them, the thousands of jobs tied to the plants and school district budgets that could be affected by any policy change.”
If Householder doesn’t resign, could he be removed?
Ohio lawmakers cannot serve if they are convicted of a felony, but Householder is innocent until proven guilty. Yet there is another option in the Ohio Constitution, state Attorney General Dave Yost pointed out. Lawmakers in the Ohio House can expel a member with a vote of twothirds of legislators for “disorderly conduct,” a broad term that could cover Householder’s alleged actions.
“Each House has all powers necessary to provide for its safety and the undisturbed transaction of its business,” according to the Ohio Constitution.
That’s the mechanics, but is it possible politically? Householder’s leadership team did not call for the speaker to resign in their statement Tuesday. The next day, Rep. Lanese said “it is clear that he must resign as Speaker of the Ohio House of Representatives.”
Top House Democrat Emilia Sykes, of Akron, demanded the immediate resignation of Householder and asked her Republican colleagues to announce a new leader. But Democrats hold just 38 of the 99 seats in the Ohio House. To remove Householder from office, Democrats would need a swell of GOP support.
Dewine said Wednesday that he would consider calling a special session for the House to take up Householder’s removal, but he first wants to wait for the chamber to act on its own.
“I think there has to be some due respect and allow them to deal with the problem,” Dewine said, adding that “I think it’s clear that the speaker cannot function as speaker.”
On Wednesday, several GOP lawmakers in the Ohio House publicly called for Householder to resign. The statements came in trickles on social media and news releases.
Then there’s the question of who would replace Householder. No other lawmakers have been charged in connection with the racketeering and bribery scheme, but Dave Devillers, the U.S. attorney for the Southern District of Ohio, said the investigation is ongoing.
“There could be some offenses that may come out of this that are state finance crimes,” Devillers said. “We’re still not sure where this is all going to lead.”
Senate Republican spokesman John Fortney