Democratic lawmakers in the West Virginia Legislature stood by their calls for pausing the state gasoline tax in a press conference Tuesday. (Photo by Steven Allen Adams)

CHARLESTON — Democratic lawmakers stood by their call for a 30-day freeze of West Virginia’s gasoline tax during a virtual press conference this morning.

“Gov. (Jim) Justice and the state House and the state Senate have responded, essentially saying ‘we’d like to do that, but we can’t do that.’ We want to say, ‘yes, we can do that,'” said Senate Minority Leader Stephen Baldwin, D-Greenbrier.

West Virginia taxes gasoline at 35.7 cents per gallon. Gas tax revenue for the state in February came in at $20.3 million in February.

While lawmakers believe the governor has the authority under the state of emergency West Virginia has been under because of COVID-19 to pause the tax, Baldwin said they are calling for a special session and drafting legislation to quickly pause that tax for 30 days and backfill with surplus dollars.

“We are working on a bill to do this. If everyone who wants to cut taxes like they say they do and everyone wants to help people who are struggling right now like they say they do, now is the time to act,” Baldwin said. “We want to get it done, and no elected official has said they are opposed to do it, so we’re saying we’re open to options. It seems the path of least resistance is to do it through a special session.”

According to AAA, the average price for a gallon of gas in West Virginia as of Tuesday was $4.09, with the U.S. average price per gallon was $4.24. Regionally, North Central West Virginia, the Potomac Highlands and the Eastern Panhandle are seeing the highest gas prices in the state.

According to Land Line, a publication of the Owner-Operator Independent Drivers Association, as many as 18 states are looking to provide either a temporary freeze in gas taxes or offering alternative tax relief to compensate for higher gas prices.

Maryland and Georgia were the first states to temporarily freeze their state gas tax. Maryland collects 36.1 cents per gallon while Georgia collects 29.1 cents per gallon. Maryland’s freeze is 30 days, while Georgia’s freeze ends May 31. Instead of a gas tax freeze, California is sending residents a $400 tax rebate. Other states have called for a freeze of the federal gas tax, which is 18.3 cents per gallon.

The gas tax freeze idea was dismissed by Justice last week in a press release and during his Friday COVID-19 briefing, calling it a “publicity stunt” and stating that only the Legislature can freeze the gas tax despite past examples of previous governors freezing past taxes during emergencies. During the beginning of the COVID-19 pandemic in 2020, Justice moved the personal income tax deadline from April to July.