Senate Majority Leader Kenneth L. Gittens said Tuesday that the long and unnecessary battle between the Legislature and the Administration has been brought to an end now that the Supreme Court of the Virgin Islands has upheld the ruling allowing for the reorganization of the V.I. Water and Power Authority’s Board of Directors.
The Supreme Court supported the position of the Legislature, upholding a previous ruling made by the Virgin Islands Superior Court last year. At issue was Act 8472, which was passed into law unanimously by members of the 34th Legislature on Aug. 3, 2021, after previously being vetoed by Governor Albert Bryan. The legislation restructures the WAPA board to afford greater independence and establishes professional criteria for those who serve. Following the unanimous override of the veto, the Administration took steps to prevent the implementation of the new law by filing for both a temporary restraining order and a permanent injunction with the Virgin Islands Superior Court.
Senator Gittens, one of the primary sponsors of Act 8472, said his colleagues united for real reform at WAPA by voting for legislation that requires the utility’s board be composed of individuals with greater expertise in energy, technology, economics, and finance. WAPA could not immediately implement this change because the matter was brought before the V.I. Superior Court by Governor Bryan.
“This is a victory on behalf of the people of the Virgin Islands and going forward all board members must be appointed to manage the affairs of the Authority per Act 8472,” Senator Gittens said. “Both the Superior and Supreme Court have now ruled that the Legislature acted fully within its authority.”
Senator Gittens said WAPA’s failure to comply with the law was very regrettable as the delays cost both time and money.
“At last, we have a decisive win for the ratepayers and we can continue to push for greater accountability at the utility,” he said.
Senator Gittens spearheaded the 2018 subpoena of WAPA management and documents that revealed a plethora of waste, fraud, and abuse. He is the sponsor of several legislative initiatives to institute reforms, to include the Ratepayers Bill of Rights in 2020. He is also the primary sponsor of legislation calling for an in-depth audit of WAPA and a more thorough investigation of problematic deals that have come to light as a result of the subpoenas and the release of a V.I. Inspector General report detailing more than $113 million in cost overruns on the WAPA propane conversion project promised to reduce energy bills. This audit is now in progress and, also per legislative directive, WAPA has, at last, hired a turnaround management firm.
he St. Croix Senator noted the importance of continuing to work for greater energy reliability and affordability.
This is a step in the right direction and I will continue to push for reform,” Senator Gittens said. “WAPA’s problematic billing and metering are one of the things I am currently focusing on. However, I am deeply grateful for the attention that both the Supreme and Superior Court have given to this important matter.”
Editors’ note: Senate Majority Leader Kenneth L. Gittens is a member of the 35th Virgin Islands Legislature, representing St. Croix.
