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CHARLESTON – With diesel fuel prices staying at roughly $6.35 per gallon for the last 30 days, Gov. Patrick Morrisey is using his emergency powers to allow for the use of dyed disesel for commercial vehicles.
In a proclamation signed by the governor Tuesday, Morrisey declared a 60-day state of emergency in all 55 counties that temporarily suspends any state penalties for the use of red-dye diesel, typically used for off-road and farm vehicles, in commercial vehicles on state roads. The executive order also directs state regulatory agencies stop fuel inspections aimed at only finding red-dye diesel.
Morrisey’s action comes as the price of diesel fuel in West Virginia has stayed around $6.35 per gallon according to a review of data provided by AAA compared to $3.57 per gallon this time last year. Diesel prices peaked in the state on Sept. 24 at $6.50 per gallon. As of Tuesday, diesel prices were $6.34 per gallon
“That’s nearly $2.80 more than this time last year. That’s why today, I’m taking action,” Morrisey said in a video message recorded Tuesday. “My executive order is going to put a temporary stop to state penalties that are tied to the use of red-dyed diesel on highways ... This action is going to save businesses and drivers 20.5 cents for every gallon of diesel they buy.”
“For a truck buying 200 gallons of diesel, that’s $41 in savings on a single fill-up. For businesses with entire fleets of trucks, those savings can add up quickly,” Morrisey continued. “By making this move today and allowing businesses and drivers to use this fuel on our highways without facing penalties, that gives people another way to lower their costs. When the costs of moving goods come down, these savings can reach consumers at a high level.”
Morrisey’s executive order follows similar actions taken by President Donald Trump, who signed an executive order on Oct. 5 allowing for the use of dyed diesel, as well as deferring the 24 cent-per-gallon federal diesel tax through the end of the year. Morrisey said he hopes by issuing his own executive order that it could help limit cost increases on goods sold within the state.
“One of the things that affects the prices we pay every day is the cost of getting goods from where they’re made to where they’re sold,” Morrisey said. “When it costs more to move food, building materials and other everyday goods, these costs can eventually show up in the prices that families pay. Right now, high diesel prices are making things more expensive.”
Jason Pizatella, the CEO of the Contractors Association of West Virginia, thanked Morrisey for the executive order, which he said will help lower costs for construction companies.
"West Virginia's construction industry understands firsthand the impact rising diesel fuel prices have on businesses and consumers,” Pizatella said. “Diesel fuel is essential to contractors building and maintaining our highways, bridges, and other critical infrastructure. We appreciate Governor Morrisey's efforts to provide temporary relief from rising fuel costs.”
Earlier Tuesday, State Treasurer Larry Pack issued a press release calling for state leaders to authorize the use of red-dye diesel on West Virginia highways. Pack said he recently talked with leaders in the state’s timber industry who said allowing use of red-dye diesel would be helpful to their industry.
"Diesel fuel prices in West Virginia have surged 77% over the past year, placing an enormous financial burden on the industries that keep our state moving," Pack said. "Our farmers, loggers and timber haulers are facing extraordinary challenges in operating costs, and we must act now to provide meaningful relief. These businesses are essential to West Virginia's economy. We cannot afford to leave them behind."
West Virginia taxes both gasoline and diesel fuel at 36 cents per gallon, the lowest of any surrounding states except for Kentucky. However, red-dye diesel in West Virginia is taxed at 15.2 cents for gallon. While allowing red-dye diesel was a start, Pack said a full gas tax suspension is still needed.
"Families, small business owners and contractors are already stretching every dollar to keep up with inflation," Pack said. "When fuel costs rise, those increases affect everything from transporting goods to producing materials our communities depend on. We need practical solutions that protect jobs, support our working families and help businesses stay afloat. Let's get it done."
Members of the House Democratic caucus have also called for Morrisey to call the Legislature into special session to suspend or freeze the state gas tax since April when prices of both unleaded and diesel began to increase following President Trump’s attacks on Iran earlier this year. Democratic leaders thanked Morrisey for his executive order while still calling for further action.
“While that’s a start, with all due respect the Governor needs to call us back in like myself and the rest of the House Democrats have been requesting since April,” said House Minority Leader Sean Hornbuckle, D-Cabell. “This doesn’t help the average West Virginian that uses regular gasoline to get to work, the doctor or their kid’s events.”
“It's a good step, and helps with the massively rising cost due to diesel prices from a unnecessary war,” said Del. Kayla Young, D-Kanawha. “It's still not enough and we should be doing everything we can to bring prices down, including suspending the fuel tax.”
West Virginia’s highways are primarily funded through the federal Department of Transportation and the state road fund. West Virginia has collected $111.3 million in gasoline and motor carrier tax revenues so far since the beginning of the new fiscal year that began July 1, which was $7.3 million below the revenue estimate. Pizatella thanked Morrisey for not pausing the gas tax.
“We also commend the governor for taking a measured approach by temporarily suspending enforcement of certain penalties associated with the use of off-road diesel fuel rather than suspending the motor fuel excise tax itself,” Pizatella said. “This distinction is important because motor fuel tax revenues are essential to the State Road Fund and continued investment in West Virginia's transportation infrastructure. As we address today's economic challenges, we must also protect the dedicated funding necessary to maintain safe, reliable roads and bridges that support West Virginia's long-term economic growth."