January 2014 - balancing the scales

VOLUME 33 NUMBER 1 JANUARY 31, 2014

NON-PROFIT U.S. POSTAGE PAID LEXINGTON, KY. PERMIT NO. 513

Morehead adopts fairness ordinance, Danville takes steps to follow suit

Change Service Requested

scales

Kentuckians For The Commonwealth P.O. Box 1450 London, Ky. 40743

BALANCING THE

pg. 12

Thank you! KFTC members complete a remarkable year of growth.................... 3

Much at stake as legislators consider bills on voting, budget, taxes and more..... 5

Grassroots persistence leads many to believe this is the year............................. 8

A day in the life of a first-time citizen lobbyist........................................................ 4

Understanding Local Option Sales Tax and other revenue options...................... 5

Detection systems for big pipelines seem to miss most leaks.......................14

2 | Balancing the Scales

www.kftc.org | January 31, 2014

Table of Contents is a statewide grassroots social justice orga­­ ni­zation working for a new balance of power and a just society. KFTC uses direct-action organizing to accomplish the following goals: • foster democratic values • change unjust institutions • empower individuals • overcome racism and other discrimination • communicate a message of what’s possible • build the organization • help people participate • win issues that affect the common welfare • have fun KFTC membership dues are $15 to $50 per year, based on ability to pay. No one is denied membership because of inability to pay. Membership is open to anyone who is committed to equality, democracy and nonviolent change.

Letter to the Editor Some enjoying benefit of health coverage for the first time........................................................................3

Grassroots Fundraising Thank you! KFTC members complete a remarkable year of organizational growth ..........................3

Member Commentary A day in the life of a first-time citizen lobbyist................................................................................................. 4

General Assembly Update Much at stake as legislators consider key bills on voting, budget, taxes and more............................5

Economic Justice Update Understanding Local Option Sales Tax and other revenue options...............................................................5 Some good but also “damage” in governor’s budget proposal................................................................. 9

General Assembly Update 2014 KFTC’s Legislative Issues at a glance..................................................................................................... 6-7

Voting Rights Update Grassroots persistence leads many to believe this is the year.................................................................... 8

Canary Project Update

KFTC STEERING COMMITTEE

EPA will finalize first-ever coal ash standards later this year......................................................................10

Sue Tallichet, chair Dana Beasley Brown, vice chair Megan Naseman, secretary-treasurer Carl Shoupe, at-large member Steve Boyce, immediate past chair

Local Updates

Chapter Representatives

New Energy and Transition Update

Homer White, Scott County Christian Torp, Central Kentucky Lisa Bryant, Rowan County Ben Baker, Northern Kentucky Shekinah Lavalle, Jefferson County Alan Smith, Southern Kentucky Rutland Melton, Harlan County Katie Pirotina, Perry County Meta Mendel-Reyes, Madison County Elizabeth Sanders, Letcher County Nina McCoy, Big Sandy Lee Ann Paynter, Wilderness Trace Leslie McBride, Shelby County Alternates: Rosanne Fitts Klarer, Scott County; Greg Capillo, Central Kentucky; John Hennen, Rowan County; Rick Traud, Northern Kentucky; Nan Goheen, Jefferson County; Travis Lane and Jeanie Smith, Southern Kentucky; Clair Stines, Harlan County; Russell Oliver, Perry County; Steve Wilkins, Madison County; Josh May, Letcher County; Virginia Madison, Big Sandy; Leah Bayens, Wilderness Trace; Joanna Mackens, Shelby County.

Balancing the Scales is published by Kentuckians For The Commonwealth and mailed third class from Lexington, Kentucky. Reader contri­butions and letters to the editor should be sent to 250 Southland Drive Suite #4, Lexington, Ky, 40503 or tim@kftc.org. Subscriptions are $20/yr.

Affordable housing tops Central Kentucky chapter’s wish list................................................................... 11 Footprints for Peace begins annual walk to I Love Mountains Day.......................................................... 11 Jefferson County chapter co-hosts Citizen Lobbying training.................................................................. 12 Morehead adopts fairness ordinance, Danville takes steps to follow suit............................................. 12

Recent developments toward Appalachia’s Bright Future ........................................................................ 13

Proposed Bluegrass Pipeline Update Detection systems for big pipelines seem to miss most leaks...................................................................14 Residents concerned about second hazardous liquids pipeline...............................................................14 Rally will commemorate historic 1964 Frankfort civil rights march......................................................... 15 Cover photo of Lee Ann Paynter speaking at a Fairness public hearing in Danville. Photo by Nick Lacy

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I understand that this authority will remain in effect until cancelled or changed by reasonable notification to KFTC/ KY Coalition.

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Make checks payable to KFTC or the Kentucky Coalition and mail to: KFTC • P.O. Box 1450 • London, Ky. 40743-1450.

www.kftc.org | January 31, 2014

Balancing the Scales | 3

letter to the editor

Some enjoying benefit of health coverage for the first time This letter was submitted in early December since our previous issue of ‘balancing the scales’. We feel the content is still important and timely.

Dear editor, With January first rapidly approaching, I look forward to a battle that has been very near and dear to my heart coming to a satisfactory resolution. Effective January 1, under the Affordable Healthcare Act, not only can practically every American receive much-needed healthcare, no longer can they be discriminated against with minimal or non-coverage due to pre-existing health conditions, regardless of whether they had previous coverage. It’s a day many hardworking Americans — rich, poor or middle-class — have been waiting, in some cases their whole working lives, for!

Additionally, the end of 2013 saw new rules for healthcare enacted by the Obama administration that will increase coverage and opportunities for those in need of care for mental illness. When new gun legislation failed to pass, this new order was imposed to aid in the mental health and substance abuse care of some 62 million Americans.

Under the new rules announced November 8, mental

and substance abuse treatment will now be treated the same as any medical illness: for example, when you come to the hospital with a severe illness, chest pain, shortness of breath, etc., you are usually admitted at least for observation, with the insurance companies contacted on the next business day. For psychiatric care, patients suffering from severe manic or depressive, even psychotic, episodes often had to wait for approval from the insurers (in some cases, up to 24-48 hours).

Another advantage to the new rules is that patients are no longer tied to “in-state” or local psychiatric treatment and can leave the state if they want, just as for cardiac or cancer care.

While Health and Human Services Secretary Kathleen Sebelius talks of patients perhaps being comfortable enough to say they are going for counseling the same as they say they are going for lab work or a flu shot, I fear the reality of the stigma of mental illness may still be the greatest hurdle to treatment yet.

One thing we must do as a society is help break down this stigma of mental illness so needed treatment will be sought and thus provided. While most studies put the prevalence of mental illness at 1 in 5 adults (1 in 4 in metropolitan or economically depressed areas), a

grassroots fundraising

Thank you! KFTC members complete a remarkable year of organizational growth 2013 was a remarkable year for KFTC on many fronts. One of our biggest achievements was surpassing 8,000 members. More than any other year, we as an entire membership built the kind of organization that it takes to make the change we want to see.

KFTC members held 25 house parties and events across the state and hosted almost 100 Powerbuilder personal fundraising pages. What happens when members participate in fundraising like this (apart from a total Facebook takeover)? We recruit more than 1,347 new members – including 738 during the last quarter of the year – and raise over $500,000.

Since 2004 we’ve worked strategically to grow and deepen the fundraising we do from our base of members. Chances are good that if you’re reading this, you’re among the many who came to KFTC since those concentrated efforts began. Ten years ago we were raising around $65,000 each year with 2,000 members. As we’ve grown and as we raise the dollars needed to do this work $25 at a time, we see our issues lifted to the top in public discourse, and we see impacts on the local, statewide and national levels.

In the last quarter of the year we had a steep hill to climb with $311,268 to raise and nearly 700 members to recruit. Up to that time, our biggest membership recruitment months had barely topped 100 new members. But working together, we did it. During the last quarter of the year, we recruited more new members than at any other time in our history.

The power of this membership surge cannot be overstated. As we begin 2014, an important year in the Kentucky General Assembly and statewide elections, we have a vibrant and growing base of social justice voters and citizen lobbyists.

Together we’re building the Kentucky we all want.

2008 study by the National Institutes of Health revealed that a mere 13.4% of Americans seek treatment for these illnesses, far below the 20-25% suffering from these illnesses.

The survey also revealed that out of all those receiving treatment, over 70% were over age 50, which again may indicate a social stigma and reluctance for younger people, particularly those 21-45, to seek treatment.

The new healthcare laws are exciting to many of us in the healthcare field or with loved ones needing additional coverage. However, education is a must for the populace to break down the stereotypes that may prevent them from obtaining the mental health or substance abuse treatment they need.

Greg Sturgill Lynch, Kentucky

KFTC OFFICES AND STAFF MAIN OFFICE Morgan Brown, Robin Daugherty, Lisa Harrington & Burt Lauderdale P.O. Box 1450 | London, Kentucky 40743 606-878-2161 | Fax: 606-878-5714 info@kftc.org

FIELD OFFICES Louisville Jessica George, Jerry Hardt, Alicia Hurle Carissa Lenfert, and Colette Henderson 735 Lampton St. #202 Louisville, Ky 40203 502-589-3188 Whitesburg Tanya Turner and Sara Pennington P.O. Box 463 Whitesburg, Ky 41858 606-632-0051 Central Kentucky Tim Buckingham, Jessica Hays Lucas, Beth Howard, Erik Hungerbuhler, and Heather Roe Mahoney, 250 Plaza Drive, Suite 4 Lexington, Ky 40503 859-276-0563

Northern Kentucky Joe Gallenstein 640 Main Street Covington, Ky 41005 859-380-6103 Floyd County Jessie Skaggs 154 North Lake Drive Prestonsburg, Ky 41653 606-263-4982 Bowling Green Denney Breeding 270-779-6483 Berea Lisa Abbott, Beth Bissmeyer, Amy Hogg, and Kevin Pentz 140 Mini Mall Drive Berea, Ky 40403 859-756-4027 Teri Blanton 118 Baugh Street Berea, Ky 40403 859-986-1648

e-mail any staff member at firstname@kftc.org except for Jessica Hays Lucas, use jessicabreen@kftc.org; Beth Howard, use BethHoward@kftc.org, and Beth Bissmeyer, use BethBissmeyer@kftc.org

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www.kftc.org | January 31, 2014

MEMBER COMMENTARY

A day in the life of a first-time citizen lobbyist

by Doug Peach

I am currently a student at Eastern Kentucky University, where I will complete my B.A. in criminal justice next semester. As I am one of a seemingly small minority in that program that does not intend to seek employment in a law enforcement career, but would rather find a more social justice

focused vocation, I find that KFTC and I share a great many ideas and opinions on our current criminal justice system.

In this essay I hope to show exactly what the average citizen lobbyist experiences, and what anyone can help accomplish by joining an organization like KFTC. Up until that Wednesday, I may have held an opinion on the subject of voting rights for former felons, but I believed I had no way to express it outside of the classroom and my own personal vote for state representatives. Like many people, I hold certain ideas and feelings about how our society and the law should operate, and, luckily, I have the right to vote.

The day began just before 8 a.m. when I met with others in Berea to carpool to Frankfort. I had a pleasant drive getting to know members Daniel Morgan and Dorie and Tom Hubbard and talking over key points of our voting rights bills, HB 70 and SB 15. After we arrived in Frankfort we met with more KFTC members and were given a packet full of talking points and information to help us in our lobby meetings. After a brief training with KFTC staff, we split into teams and headed to lobby.

Rep. Rita Smart was extremely cordial, quickly noticing that our group contained a face she didn’t recognize: my own. After a quick introduction, we sat and confirmed her support of the bill. She then gave us names of others to meet with and offered suggestions for how to approach them. My task for the meeting was taking notes, so I did just that.

After our time together we thanked Rep. Smart for her time and advice and left her office knowing she was in favor of restoring former felons’ right to vote.

Next up was a meeting with Senator Jared Carpenter. For this meeting, our group joined with another from Madison County. Sen. Carpenter is from Berea and had obviously met some of my companions before (many times probably), and there was a real sense of warmth in the way he spoke to each and every one of us. He, like Rep. Smart, quickly noticed the new faces in the room — Brea, a fellow intern from Berea College, and me. After brief introductions, we got down to the mission at hand: garnering his support for House Bill 70 and Senate Bill 15.

Sen. Carpenter listened to each of us in turn and even took notes. He mentioned that some members of the state Senate were of the “tough on crime” mentality and felt that former felons not having the right to vote fit that sentiment.

We pointed out to Sen. Carpenter, among other points,

that former felons who are able to vote are twice as likely to remain out of the criminal justice system and that by not allowing them to fully recommit to the social contract, we were in fact alienating them.

In the end, it was a great meeting, and Sen. Carpenter confirmed his support for the bill. So we were two for two!

Two meetings, two supporters!

After lunch we all gathered in the Capitol Rotunda, along with more than 100 others and heard from many different speakers about voting rights including former felons, supportive nonprofits, and even a number of state representatives and senators. It was very empowering to hear firsthand from individuals who were being forced into taxation without representation by our government, some of whom have never had the opportunity to vote.

Following the rally, we all came together to debrief the day. Most people found their meetings encouraging, and

there was an overall sense of support for HB 70 from most of the representatives people met with. This was great news!

Everyone seemed to feel there was real momentum and that the bill would again be passed in the House and that this is the year for it to pass the Senate. We then turned in our notes, said our goodbyes, and made our way home.

I would absolutely recommend lobbying, not just to friends I know hold similar views, but to everyone in general. I think if more people were lobbying for the things they believe in it would be easier for our politicians to know how to vote on issues and represent our opinions through the law.

Lobbying should be the rebuttal argument for those in our communities who don’t see the necessity or the power of voting, to all of those who I overhear say that their vote doesn’t matter in the long run. I now see lobbying, by actual citizens of the community and not giant corporations, to be an invaluable part of our democratic system.

Madison County members met with Sen. Jared Carpenter during Voting Rights Lobby Day.

Photo by Doug Peach

Cast your vote for Kentucky’s Bright Future!

On February 12, hundreds of Kentuckians will take part in I Love Mountains Day 2014 in Frankfort.

Together we will take a stand for a bright future in eastern Kentucky and across our Commonwealth.

We will call for an end to destructive practices that threaten our land, water, air and health. And we will commit ourselves to building a healthy, responsive democracy in Kentucky. We hope you will join us for this important march and rally. More information and a registration form can be found at www.kftc.org/love.

Please take a moment to cast your vote for Kentucky’s bright future. Use the ballot on our website to tell us about key ideas, policies or values you want to be able to vote FOR in upcoming elections.

If you plan to attend I Love Mountains Day this year, we encourage you to also write or draw your ideas and bring them with you. We’ll attach these handmade signs to a large display banner, along with many of the ideas we receive online. Later, after the day is over, we’ll summarize and share the great ideas we receive with candidates running for office in Kentucky.

www.kftc.org/love/vote

www.kftc.org | January 31, 2014

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General assembly update

Much at stake as legislators consider key bills on voting, budget, taxes and more The 2014 session of the Kentucky General Assembly is one-third done, and the pace is beginning to pick up. KFTC had a strong presence early in the session, as members came to talk with legislators about voting rights, clean energy, limiting eminent domain, tax reform and protecting our land and water.

The passage by the House of the Voting Rights Bill (House Bill 70) by a large margin has been an early highlight.

Much still needs to be done, and the pace will pick up as hearings and votes begin to happen more

frequently. House Bill 70 faces a tough road in the Senate but has a real chance of passing this year. A KFTC members from Marion, Nelson and Franklin counties committee hearing on the Clean Energy Opportunity met with Sen. Jimmy Higdon to discuss eminent domain Act has been promised. Hearings on bills concerning legislation. Sen. Higdon is the sponsor of Senate Bill 14 that the use of eminent domain related to the proposed would limit the use of eminent domain to utilities regulated Bluegrass Hazardous Liquids Pipeline are anticipated. by the Public Service Commission. That would keep private companies, including the proposed Bluegrass Hazardous The budget will be a central focus, and KFTC Liquids Pipeline, that provide no public use from being able members will continue to push for comprehensive to condemn property. tax reform that makes our tax system more fair and raises new revenue. Attention will be given to other in the minimum wage and opposing proposals that economic justice issues, like supporting an increase would make our tax system more regressive.

The bills that KFTC has taken a position on so far are listed on the following pages. More may be added to the list as the session progresses. The Executive Committee serves as KFTC’s legislative strategy team, talking weekly to make decisions about bills.

KFTC’s power to influence the outcome of legislation reflects members’ willingness to be involved in the legislative process, both at the state capitol and at home. To become involved in KFTC’s legislative activities, contact your local organizer (see list on page 3) or Lisa Abbott at 859-200-5159 or Lisa@ Left: Bennie Massey and Rutland Melton from Harlan County join in singing America the Beautiful at the Voting Rights Rally kftc.org. on January 15. Right: Dorie Hubbard (left) of Madison County greets her representative, Rita Smart.

KFTC members will lobby at the capitol most Tuesdays, Wednesdays and Thursdays throughout the session.

Economic justice update

Understanding Local Option Sales Tax and other revenue options KFTC members and friends got a chance in December to learn about the Local Option Sales Tax (LOST) proposal, including other options for helping local governments raise new revenue.

LOST legislation is expected to be introduced in the current General Assembly.

Jefferson County member Linda Stettenbenz explained that KFTC evaluates such tax proposals on the principles of fairness and adequacy, and whether the proposal promotes the wellbeing of all Kentuckians.

“We are focused on making the overall state tax reform fair and adequate. It [LOST] does not really address either of those,” Stettenbenz said.

A local option sales tax, as proposed, would allow local governments to increase the sales tax within their local jurisdiction for a limited time in order to raise money for a specific capital project. The tax could be no more than 1% and would be subject to voter approval.

Louisville Mayor Greg Fischer is a strong proponent of the idea, which is also supported by Lexington Mayor Jim Gray and other elected officials.

Stettenbenz explained that a LOST would help fund

capital projects, not ongoing programs that have been subject to “cuts and cuts and cuts for the last decade or more. People want healthy food, clean air, good education, good jobs — all of this has to do with our tax structure.”

Stettenbenz and Jason Bailey, with the Kentucky Center for Economic Policy, explained that the sales tax is regressive — meaning that it takes a higher percent of income from lowincome folks than those better off. So a LOST would add to Kentucky’s already regressive tax system.

“It’s pretty easy to nickel and dime poor folks. But we wanted to be more thoughtful than that,” Stettenbenz said.

There are other and better ways to raise revenue on the local level, they explained.

“The property tax is a key source of revenue for local government. But Kentucky is much less reliant on property taxes than other parts of the country,” Bailey said. This is because of House Bill 44, passed in 1979, which limits how much growth can occur in property tax revenue. “That has led local governments to setting property tax rates that have declined over time. House Bill 44 is a big cause of these low rates.”

As a result, property tax rates have declined 35 percent in

Louisville and 42 percent in Jefferson County. Without these cuts Louisville metro government would have about $65-70 million in additional revenue, a big part of what a LOST would raise.

Bailey also explained that there are several business tax incentives, such as an abatement of 1 percent of a local occupational tax and tax increment financing, which divert tax revenues away from state and local government toward paying back private investors.

“We don’t really know what we are losing as a result,” Bailey said. “Tax breaks are not a very cost effective way to create jobs, but they continue to grow.”

Stettenbenz also explained that a local income tax could replace the local occupational tax, which is really a wage tax since only wages are taxed and not other forms of income.

Bailey added, “The bottom line comes down to who pays.

A local income tax is a much more robust tax … and a fairer tax. Who pays … that needs to be part of the conversation, especially given growing inequality.”

If a local option sales tax bill is passed by legislators, it would be put on the ballot in November as a proposed constitutional amendment.

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www.kftc.org | January 31, 2014

2014 KFTC’s Legislative Issues at a glance Here’s a quick look at the bills KFTC has a position on so far in the 2014 General Assembly. The KFTC Executive Committee, which serves as the legislative strategy team, reviews bills and amendments weekly. For a current update, visit www.kftc.org/bill-tracker.

KFTC Supports

Priority Legislation: Support

Issue

Summary

Status

The Kentucky Forward Plan House Bill 220

The Kentucky Forward Bill (House Bill 220) will make Kentucky’s tax system more fair, adequate and sustainable with a broad variety of reforms. It will raise about $800 million in new revenue, mostly from income and transactions that currently go untaxed. Lower income folks will pay less in taxes, largely due to a 15% refundable Earned Income Tax Credit.

HB 220 is assigned to House Appropriations and Revenue Committee.

Clean Energy Opportunity Act House Bill 195

The Clean Energy Opportunity Act will create a Renewable and EfHouse Bill 195 is assigned to the House ficiency Portfolio Standard requiring utilities in Kentucky to get an Tourism Development and Energy Comincreasing share of their electricity from clean, renewable sources and mittee. energy efficiency programs. It also establishes a Feed-in Tariff that sets a guaranteed rate for renewable energy producers. The two policies will create 28,000 new Kentucky jobs over the next 10 years.

Restoration of voting rights amendment House Bill 70 Senate Bill 15

House Bill 70 and Senate Bill 15, the Restoration of Voting Rights Amendment, would place on the November 2014 statewide ballot a proposed constitutional amendment that would automatically restore voting rights to most former felons upon the completion of their sentence.

House Bill 70 passed the House on January 16 with an 82-12 vote. Earlier in the week it was approved by the House Elections, Constitutional Amendments & Intergovernmental Affairs Committee on 1/14. HB 70 is now before the Senate State and Local Government Committee.

Senate Bill 15 is assigned to the Senate State and Local Government Committee.

Stream Saver Bill House Bill 288

House Bill 288 will provide important protections for our waterways HB 288 is assigned to the House Natural by prohibiting the dumping of toxic mine wastes into “an intermittent, Resources and Environment Committee. perennial, or ephemeral stream or other water of the Commonwealth.”

Limit eminent domain Senate Bill 14

Senate Bill 14 would limit eminent domain to utilities regulated by the SB 14 is assigned to the Senate Judiciary Public Service Commission. It would stop private companies like the Committee. proposed Bluegrass Hazardous Liquids Pipeline that provide no direct public benefits from being able to condemn land.

Abolition of the death penalty Senate Bill 77

Senate Bill 77 would abolish the death penalty and replace it with life SB 77 is assigned to the Senate Judiciary imprisonment without parole for inmates presently sentenced to death, Committee. and permit imprisonment for life without parole and imprisonment for life without parole for 25 years for offenses formerly denominated as capital offenses.

Minimum wage increase House Bill 1

House Bill 1 would raise the minimum wage for most workers in HB 1 was approved by the House Labor & Kentucky to $10.10 an hour over the next three years. It also prohibits Industry Committee on January 30. By the wage discrimination on the basis of sex, race, or national origin. time you read this, it is possible the bill has already been voted on by the full House.

Minimum wage increase for tipped workers House Bill 191

House Bill 191 would raise the state minimum wage for tipped employees to $3 per hour; and provide that, beginning July 1, 2015, and each year thereafter, this minimum shall be increased by the lesser of $0.95 or the amount necessary to bring the wage to 70% of the hourly minimum wage for non-tipped employees.

HB 191 was approved by the House Labor & Industry Committee on January 30. By the time you read this, it is possible the bill has already been voted on by the full House.

www.kftc.org | January 31, 2014

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2014 KFTC’s Legislative Issues at a glance Here’s a quick look at the bills KFTC has a position on so far in the 2014 General Assembly. The KFTC Executive Committee, which serves as the legislative strategy team, reviews bills and amendments weekly. For a current update, visit www.kftc.org/bill-tracker.

KFTC Opposes

KFTC Supports

Issue

Summary

Status

Safe coal ash disposal House Bill 241

House Bill 241 would protect the public from exposure to toxins from coal ash by requiring disposal ponds to have liners, groundwater monitoring, and toxic substance monitoring; and require emergency action plans for impoundments that are deemed as high hazard potential by the United States EPA.

Fairness House Bill 171

House Bill 171 would prohibit discrimination in employment, housing HB 171 is assigned to the House Judiciary and public accommodations based on sexual orientation and gender Committee. identity.

Tax credit Ohio River bridge toll House Bill 41

House Bill 41 would create a refundable income tax credit for eligible persons who pay tolls to commute to work across an Ohio River bridge.

Public financing judicial elections House Bill 72

House Bill 72 would establish a system for public financing of elections HB 72 is assigned to the House Judiciary for justice of the supreme court.

Committee.

Protections for abused animals House Bill 30

House Bill 30 requires the forfeiture of animals involved in cruelty and torture cases, and prohibits ownership or possession of animals of the same species for two years.

HB 30 is assigned to the House Judiciary Committee.

Lift the nuclear energy ban House Bill 52 Senate Bill 67

House Bill 52 and Senate Bill 67 are identical bills that would remove the de facto ban on nuclear power facilities by requiring only a plan for storage of nuclear waste rather than a permanent means of disposal.

HB 52 is assigned to the House Tourism Development and Energy Committee.

Big telecom deregulation Senate Bill 99

Senate Bill 99, known as the “AT&T Bill,” would end the obligation of big telecommunications companies to offer basic local exchange phone service in areas with 15,000 or more housing units, and for all other exchanges.

SB 99 has been put on the fact track by Senate leaders. It was approved by the Senate Economic Development, Tourism & Labor Committee on January 30 with only one No vote. Earlier in the week it had been twice taken from committee to give it two of the required three readings on the Senate floor.

HB 241 is assigned to the House Natural Resources & Environment Committee.

HB 41 is assigned to the House Appropriations and Revenue Committee.

SB 67 was approved by the Senate Natural Resources and Energy Committee on January 29. It will be up for a vote on the Senate floor in a few days.

This information is current through Friday, January 31. Check the KFTC web site at www.kftc.org/bill-tracker for updates on these bills and others that are not listed in this issue of balancing the scales, or the Legislative Research Commission web site at http:// lrc.ky.gov/record/14RS/record.htm for daily update of legislative activity.

As reported by USA Today Between 2007 and 2012, electricity generation from coal fell 24.9%. Over the same time frame, wind energy grew 309%. And solar grew 607% (this doesn't even include distributed solar on residential rooftops), and 2013 was a record year for solar, installing about 4.4 GW in the U.S. Renewable energy from wind and solar is still only about 3.2% of total electricity produced in the U.S., but solar power has the potential to provide enough electricity for the entire country.

– by Travis Hoium, USA Today, January 31, 2014

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www.kftc.org | January 31, 2014

Voting Rights Update

Grassroots persistence leads many to believe this is the year Optimism was high as people from across Kentucky participated in a Voting Rights Lobby Day and Rally at the capitol on January 15.

“We met with a couple of senators and representatives. The attitude was totally different today than it was last year,” said Rev. Alonzo Malone of Louisville. “The whole theme today was hope. I was really encouraged. The whole day symbolized hope.”

Malone was one of dozens of people who met with nearly 50 legislators during morning lobbying. They reminded House members of an upcoming floor vote on House Bill 70 Michael Hiser is interviewed by Lindsay and pushed senators to see that the bill gets a Allen of WDRB-TV in Louisville. hearing and vote in the Senate this year.

“For working folks to not be civilly engaged

“I was impressed at how many representa… is not a democracy.” tives wanted to be cosponsors,” said Rosanne Stephanie Hughes from northern KenKlarer of Scott County. tucky, as a nurse, is in that situation. “I can put Rep. Jesse Crenshaw, the chief sponsor a tube down your throat, I can hold your hand of HB 70, said the day’s committee action while you’re dying … I am fully integrated into where there were no dissenting votes showed the community, except for one thing: being a how the attitude about the bill has changed. former felon I cannot let my voice be heard.”

There was one “pass” during the roll call vote, “I have never seen the inside of a prison, and that was by a legislator who has voted No but my right to in the past. vote has been taken Since the bill Please call the Legislative away,” said Mantell has passed the Message Line (1-800-372-7181) Stevens.

House by large today! Sample message: Some speakers margins the past “Make this the year to pass HB 70 pointed out that seven years, many of disenfranchiseand restore voting rights! This bill the visits to House ment for former members were to has strong support and deserves a felons reflects the thank them for past vote in the Senate. Please oppose racism that still exsupport and ask attempts to make voting harder or ists in our society. them to talk with the bill more restrictive.”

Teddi Smith-Rotheir colleagues in billard compared it the senate. to being a slave on a plantation: “You can fix On the Senate side, several people said the food but you can’t eat in the kitchen.” there is a “new attitude” about the restoration Jefferson County Attorney Mike of voting rights. Sen. Gerald Neal, who is the O’Connell said felon disenfranchisement “is primary sponsor of a Senate companion bill, fundamentally unfair … is intended to supSB 15, said. “I have never been so encouraged press minority voters … is bad public policy.” about a piece of legislation as I am today.

The high-energy rally in the Capitol ro “I have detected that there is a different tunda saw several legislators from both parties mood in the Senate,” Neal continued. “I just stop by, with some asking to speak, including cannot believe that the Senate will not step Sen. Robin Webb, who called voting rights up to the plate in 2014 and pass HB 70.” “an access to democracy issue.”

Several rally speakers gave compelling

Notable was the presence and vocal supreasons for the restoration of voting rights. port from Sen. Brandon Smith of Hazard, a

Michael Hiser said that since he got out of member of the Senate Republican leadership. prison and turned around his life, he has paid Rally emcee Tayna Fogle, Mike Barry $15,000 in taxes to the government. “Not one from People Advocating Recovery and others of those checks was returned” for not being expressed the hope and belief that this year a full citizen. Yet as a minister, teacher and would be the last time voting rights supportparent, he cannot vote. ers would need to rally in the rotunda. Said

Honey Dozier, who works with Kentucky Barry: “I hope the next time we’re here is for Jobs with Justice, noted that most former a celebration.” felons who cannot vote are working people.

MY NAME IS MANTELL STEVENS, and I AM A KENTUCKIAN! I have never seen the inside of a prison, but my right to vote has been taken away.

I often wonder: What did I do that was so bad that I had to lose my right to vote forever? And how much is my community losing out because my voice and the voices of 240,000 others have been silenced in our democracy?

When I look around, I see lots of things that need to be better. I’m struggling.

People I know are struggling. There are so many things that don’t work the way they should, that aren’t right. Take a look at our judicial system. It’s a mess. Look at the lack of affordable housing and job opportunities. We have so much work to do.

The most important way for me to change my situation and help make other people’s situation better is to vote. We have to build more of a connection between community and government. Participating in the election process is the most powerful way to do that.

It’s easy to lose sight of how important it is to vote when you are working to find a job, keep food on the table, secure housing, or pay for gas. But really, I don’t see any way to improve our situation other than getting more people involved and participating in our democracy.

When I talk with friends, I try to help them make those connections. If your situation is bad, what is it you can do to make it better? What can your city and state officials do to help? Who are the people who are working to make life better, whether they are Democrats or Republicans? We have to get involved. We have to vote locally, at least. And we have to hold our leaders accountable once they get in office.

Passing HB 70 and restoring the right to vote matters to all of us. Not just to some of us. Not just to African Americans. Not just to people who have lost the right to vote. All of us have a stake in fixing our broken democracy. We all benefit when more people are invested in making their communities better.

I still can’t vote, but I am involved in Kentuckians For The Commonwealth. It’s been the best thing to happen to me in the last couple years. I don’t have room to do anything wrong because I’m doing so much good. Your whole mindset changes when you feel responsible for other people.

Now I want to improve where I live. I want to make an investment in Kentucky.

Before, I felt like I wanted to get away from here, because I felt the opportunities were limited. The more I get involved in my community, the more I want to improve it. I want more. I want to do more. And if I had my rights back, that would be icing on the cake.

A lot of people I know are having a hard time finding jobs. One of the first things I tell them is “get involved in your community right now.” There’s so much opportunity.

You can build a network of people and pool resources. If people see you working in your community, they are more likely to invest in you. A lot of the reason I got the job I have now is that they knew I was working in the community. They cared about what I’m doing now, not what I was doing back then.

But right now our democracy is not very welcoming, especially for people in my situation. Kentucky’s voting laws perpetuate a stigma. Our state tells one quarter million people that they cannot ever have a vote or a voice. That leaves people discouraged and feeling as if they don’t matter. That’s far from the truth. People will do the right thing if given the opportunity. But we have to open up the doors. We have to give everyone a voice.

We all know that this bill has passed the House seven years in a row, but it has not yet had a vote in the Senate. So here’s my message to lawmakers, especially our senators: You know what’s right. Just do what is right. That sounds so simple. It is simple.

Don’t delay any longer. Pass HB 70.

www.kftc.org | January 31, 2014

Balancing the Scales | 9

Economic justice update

Some good but also “damage” in governor’s budget proposal

On January 22, Governor Beshear released his proposed budget, and as promised he proposed restoring a small portion of the budget cuts of recent years to elementary and secondary education, but his budget does so through “damaging” (his description) cuts to other important programs and services.

The governor’s budget serves as a starting point for the legislature. The proposal, with no additional revenue, lifts up the gap between the state that Kentuckians deserve and the Kentucky that is, after years of pushing off comprehensive tax and revenue reforms.

The proposal includes restoring some funds for programs that have suffered severe cuts in recent years. Elementary and secondary education appropriations will restore funding for textbooks and increase spending for school safety and afterschool programs, as well as slight raises for teachers and state employees.

The Kentucky Center For Economic Policy points out that despite increases in K-12 funding, per pupil funding in 2016 is 10 percent lower than it was in 2008 when accounting for enrollment and inflation.

For higher education, which gets a 2.5 percent cut next year, funding will be more than 27 percent below 2008 levels after adjusting for inflation, which has led to tuition increases since 2000 ranging from 184 percent at the University of Louisville to 256 percent for the community and technical colleges.

The governor pledged support for expanding early childhood education, and his budget offers a slight bump in access to pre-school; families at 160 percent of the poverty line would be eligible for expanded access, up from 150 percent of the poverty line.

Pension obligations for state employees – which had been carrying a debt that compromised Kentucky’s ability to borrow for capital projects, which are littered throughout

the budget proposal – are fully funded. tax reform or casino gambling, but did not include revenue

The budget proposes slight changes to coal severance tax from either in his budget. He is expected to announce his spending, which will result in $2 million a year for a regional tax reform proposal in early February. strategic development fund for eastern Kentucky associated For the next two months, first the House and then the with the Shaping Our Appalachian Region (SOAR) process. Senate Appropriations and Revenue committees will work Erica Peterson at WFPL-FM pointed out that some to craft and agree on a two-year budget before they adjourn programs in the Energy and Environment Cabinet will on April 15. receive cuts much deeper than the 5 percent asked of most Bills about comprehensive tax reform and casino agencies. The “Division of Conservation could see a nearly gambling, which could boost revenues, will be considered 40 percent difference between its actual funding and the separately, if at all. funding it requested for 2016. The Nature Preserves Commission will see drops of 21 and 31 percent, respectively, from what they requested and what they’ll get in 2015 and 2016. And the cuts will be even more drastic for Energy Development and Independence – the department that spearheads research in renewable energy, energy efficiency and carbon capture … There’s a 35 percent difference between the funding the department requested for 2015, and the amount Beshear proposed.

By 2016, the difference … is 70 percent.”

Kentucky’s tax system is unfair to lower and middle income folks, who pay a higher The governor said percentage of their income in state and local taxes. KFTC wants to address this inequity legislators could avoid some through comprehensive tax reform, such as House Bill 220, which would also raise much of the damaging cuts by needed new revenue. Source: Who Pays? A Distributional Analysis of the Tax Systems approving comprehensive in All 50 States, Fourth Edition, January 2013. Institute on Taxation & Economic Policy.

Some legislators want to increase the sales tax, such as through a 1% overall hike or through a Local Option Sales Tax (see story on page 5). But the sales tax is already regressive, meaning it takes a higher percent of income from those with low and moderate incomes than it does from those with higher incomes, as illustrated by the chart above from the Institute for Taxation and Economic Policy

10 | Balancing the Scales

www.kftc.org | January 31, 2014

canary project update

EPA will finalize first-ever coal ash standards later this year In response to legal action by a broad coalition of national and local groups, the U.S. Environmental Protection Agency will finalize first-ever federal standards for the disposal of coal ash by December 19, 2014.

The settlement does not dictate the content of the final regulation, but it confirms that the agency will finalize a rule by a certain date after years of delay.

“The state of Kentucky regulates the operation of municipal garbage dumps but says nothing about the disposal of coal ash,” said KFTC member Mary Love. “I applaud the EPA’s decision to finally set nationwide rules for the disposal of this dangerous waste stream.”

The settlement was filed in mid-January in response

to a lawsuit brought in 2012 by Earthjustice on behalf of Appalachian Voices (NC); Chesapeake Climate Action Network (MD); Environmental Integrity Project (DC, PA); Moapa Band of Paiutes (NV); Montana Environmental Information Center; Physicians for Social Responsibility; Prairie Rivers Network (IL); Sierra Club; Southern Alliance for Clean Energy; Western North Carolina Alliance and KFTC. In October, the U.S. District Court for the District of Columbia ruled that the EPA has a mandatory duty to review and revise its waste regulations under the Resource and Conservation Recovery Act. The EPA has never finalized any federal regulations for the disposal of coal ash – the nation’s second largest industrial waste stream.

Former EPA Secretary Lisa Jackson vowed to finalize coal ash regulations following a 2009 spill in Kingston, Tennessee, where over a billion gallons of coal ash burst through a dam and damaged or destroyed two dozen homes and 300 acres of riverfront property.

In the aftermath of that disaster, the EPA proposed various regulatory options in May 2010 and held seven public hearings in August and September of that year. Environmental and public health groups, community organizations, Native American tribes and others generated more than 450,000 public comments on EPA’s proposed regulation, calling for the strongest protections under the law.

But since then, and despite coal ash contamination at more than 200 sites nationwide, the agency has failed to finalize the protections under pressure from industry, the White House and some members of Congress.

Kentucky is fifth in the nation in coal ash generation. A 2011 study by Earthjustice found that Kentucky had 43 operating coal ash ponds, 21 of which exceed a height of 25 feet or impound more than 500 acre-feet of ash. Profes-

KFTC members and allies rallied in 2010, calling on the U.S. EPA to classify coal ash as a hazardous waste. The decision must now come by December 2014.

sional engineers did not design 20 of the state’s 43 dams nor did they construct 27 of them.

Coal ash waste contains toxic chemicals and heavy metals such as arsenic and lead – pollutants that cause cancer, birth defects, reproductive problems, damage to the nervous system and kidneys, and learning disabilities in children.

The EPA estimates that up to 1 in 50 nearby residents could get cancer from exposure to contaminants in poorly stored coal ash. Other health effects may include damage to vital organs and the central nervous system, especially in children.

For that reason, KFTC members have called on the EPA to adopt that standard that would treat coal ash as the hazardous waste that it is.

One coal ash waste area of concern is in Louisville: “Since the mid-1950s, LG&E’s Can Run Generating Station has been dumping its coal ash in an unlined pit dug 200 feet from the Ohio River. That coal ash pile is now over 100 feet tall and ¼ mile long,” said Love.

WEST VIRGINIA WATER Many KFTC members are wondering how to help our neighbors in West Virginia who, as this issue of balancing the scales goes to press, are still without safe water three weeks after the chemical spill. As the situation may change by the time you read this, please check with West Virginia groups to learn the current situation and how best to help.

West Virginia Clean Water Hub 304-249-8115 • wvcleanwaterhub@gmail.com www.facebook.com/WVCleanWaterHub Kentucky delivered water donations www.facebook.com/KentuckywatertoWV Monetary donations are being collected by the Keeper of the Mountain Foundation. Go to: http://bit.ly/1jzNW1n

www.kftc.org | January 31, 2014

Balancing the Scales | 11

Local updates

Affordable housing tops Central Kentucky chapter’s wish list

This year, affordable housing was at the top of the Central ity, affordable housing for people who spend more than 30 Kentucky KFTC chapter’s holiday wish list. Central Kentucky percent of their income on rent and utilities. The trust fund KFTC members asked Santa Claus would amount to approximately to deliver an important message $2 million every year. These funds “I want to see that everyone to Lexington Mayor Jim Gray: could come from a dedicated 0.5 has a warm and safe place to It’s time to prioritize an affordable percent increase on insurance stay this winter. People need housing trust fund for Lexington. premium taxes in Fayette County, affordable housing. The ability

On December 20, Santa delivwhich, on average, would cost each ered a stack of Christmas cards to household $15 per year. to do this is present. What’s the mayor’s office urging the mayor Beyond creating more than needed is the political will to to take action on the trust fund in 230 affordable housing units each do so. I hope our mayor and 2014. year, the trust fund would genercouncil members receive that The cards were created by ate an estimated $21 million in chapter members, as well as memeconomic activity, which includes political will for Christmas and bers from the BUILD (Building 181 new jobs in Fayette County. want to make an outstanding a United Interfaith Lexington It would also bring stability year for our citizens in that they through Direct Action) organizato families: children would not be get their basic needs fulfilled.” tion who have been working toward moving from school to school while -Janet Tucker the trust fund for the past five years. their parents seek a place they can Upon delivering the cards, better afford.

Santa said, “I believe people Affordable housing can also shouldn’t have to pay money just to have a good place to live, prevent homelessness. The AHTF would make Lexington a and they certainly shouldn’t pay more than they can afford. fairer place to live, a place where families can thrive, as well Mayor Gray should take urgent action on making affordable as make the city more prosperous. housing a reality for all the residents of Lexington.”

“Kentuckians For The Commonwealth is concerned There are nearly 28,000 families in Fayette County who deeply for all people. We want everyone to have access to afcannot afford their rent. This means that 1 in 5 families have fordable housing so they have one of the basics of life: shelter,” to routinely make difficult choices between housing, child KFTC member Susan Williams said. “One cannot focus on care, medicine, food, utilities and other necessities. higher achievement until their basic needs are met. Let’s all Right now, the average two bedroom rental unit costs take care of our fellow human beings and thus we will begin $700 a month, meaning a minimum wage worker has to to be a better human being ourselves.” work 74 hours a week to afford the average rent. A trust fund The Central Kentucky chapter hand-made cards for would mean that hundreds of affordable housing units would Mayor Gray at its annual holiday party. Chapter members be constructed or rehabilitated for these families. also shared food, celebrated their accomplishments in 2013, The Affordable Housing Trust Fund (AHTF) is a pool played some holiday games, and planned for the year ahead, of money from a dedicated funding source that creates qualincluding continuing the push for affordable housing.

Santa delivered holiday cards to a member of Lexington Mayor Jim Gray’s staff, urging him to support an Affordable Housing Trust Fund.

“I want to see that everyone has a warm and safe place to stay this winter. People need affordable housing. The ability to do this is present. What’s needed is the political will to do so,” Janet Tucker said. “I hope our mayor and council members receive that political will for Christmas and want to make an outstanding year for our citizens in that they get their basic needs fulfilled.”

Footprints for Peace begins annual walk to I Love Mountains Day On Friday, January 31, more than a dozen people met in Prestonsburg and began a two-week walk to Frankfort, where they will join more than a thousand other people at I Love Mountains Day on February 12.

The Walk for a Sustainable Future, organized by Footprints for Peace, calls attention to the destruction created by mountaintop removal coal mining in Kentucky and the need to begin a just transition to a more diverse, sustainable and

thriving economy in the mountains.

Walkers average between thirteen and sixteen miles each day, traveling the back roads through Kentucky and staying in people’s homes and community churches along the way.

You can keep up with the walkers and get updates from the road at footprintsforpeace. org. Or you can hear more about their journey from the stage at the river this year at I Love Mountains Day.

I Love Mountains Day February 12

Russell Oliver, a KFTC member from Perry County, has been going on the walk each year.

“You’re just doing something. It’s a form of protest. I’m not the greatest speaker on Earth but I can walk.”

12 | Balancing the Scales

www.kftc.org | January 31, 2014

Local updates

Jefferson County chapter co-hosts Citizen Lobbying training

by Elijah McKenzie How does a bill become a law in Kentucky? What’s the best way for people to arrange a meeting with their legislators?

How can ordinary citizens hold lawmakers accountable?

These questions and more were brought to the forefront in December during Jefferson County’s citizen lobbying training at the First Unitarian Church in Louisville.

Images often associated with the word “lobbyist” are those of corporate lackeys treating policymakers to expensive drinks over a round of golf. It’s a misconception that was quickly broken as community organizers from throughout the state shared their lobbying experiences on both local and state levels.

The Jefferson County KFTC Chapter co-hosted the training with fellow social justice organizations American Civil Liberties Union of Kentucky, Fairness Campaign, Kentucky Jobs with Justice, and Network Center for Community Change.

Shekinah Lavalle, KFTC leader and outreach coordinator

for the Kentucky Coalition to Abolish the Death Penalty, presented during the training and pointed out that if we, the people, didn’t petition our representatives to take action, then corporate interests may dominate the discourse and skew policies in their favor.

Lawmakers tend to know who is a paid spokesperson and who isn’t. This means that when an average person takes time out of their day to speak to their representative, it builds credibility for an issue because it’s coming from an authentic, grassroots source.

Approximately 50 people attended the training, including 20 students from Spalding University, most of whom were part of Professor Jennifer Jewell’s policy analysis class.

Halfway through the training, people were asked to break off into pairs and act out a scenario in which a citizen lobbyist and a legislator discussed the issue of restoration of voting rights for former felons. Everyone in the room turned to their neighbors, introduced themselves, and tried their hand at a mock lobbying session.

The simulated lobbying exercise highlighted a few key

Morehead adopts fairness ordinance, Danville takes steps to follow suit

by Annie Adams

On December 9, Morehead became the sixth city in the Commonwealth to pass legislation to protect the rights of LGBTQ people in their community.

Over the past summer, members of the Rowan County KFTC Chapter, in concert with representatives from the American Civil Liberties Union of Kentucky, the Kentucky Fairness Coalition and Morehead State University students, began working on strategies to promote fairness legislation.

Racehelle Bombe, a Morehead resident, diligently gathered more than 300 signatures in favor of fairness in the past year, while members of the Rowan chapter met individually with city council members to share information regarding statewide movements toward fairness.

Members also got the support of a local religious leader and Morehead State University President Wayne Andrews, who spoke eloquently in support of the Fairness Ordinance at its first reading.

All of this groundwork led to very positive results: in September the Morehead City Council unanimously voted to pursue fairness legislation. In November, the council unanimously approved a first reading of an ordinance amending the city’s existing Title 9, General Practices, Chapter 96, Discriminatory Practices, to also prohibit discrimination based on gender and sexual identity. And in December, the council unanimously passed the proposed ordinance into law.

After the city council meeting, members of the Rowan chapter, ACLU and the Fairness Campaign gathered at The Bakery On Main to celebrate the passage of the fairness protections.

The quick and successful passage of the ordinance

demonstrates not only the effectiveness of true grassroots organizing but also the efficiency of the Morehead City Council. Aware of their constituents’ needs, council members worked swiftly to pass this important legislation. Now people outside of the region have demonstrable proof of something those within it have long known – Morehead is a warm and welcoming community committed to treating all peoples equally.

components of civic engagement, particularly the notion of relationship-building. According to the training, anyone who wishes to lobby could start by building a relationship with the legislator or members of that legislator’s staff.

In other words, establishing a rapport helps put a face on an issue. Personal stories and anecdotes, supported by statistics and basic facts, are crucial to effective lobbying. And it’s important that citizen lobbyists be familiar with specific bills before approaching a legislator.

Knowing the bill number, who the sponsors are and where the bill is in the legislative process will allow individuals to effectively inform lawmakers about issues they may not otherwise be familiar with. However, citizen lobbyists should always remember that the ultimate goal is to directly ask for a lawmaker’s support, pinpointing exactly what needs to happen and why.

Myrdin Thompson with RESULTS – an international citizens’ advocacy organization – also spoke at the training and explained how activist-minded people can bring their message to a wider audience.

According to Thompson, lobbying is about educating fellow citizens as well as educating policymakers. For instance, writing a letter to the editor of a local newspaper is useful when trying to engage a community on a certain issue, especially if that issue has been receiving an increased amount of news coverage.

As the training drew to a close, people were given information on how they could become more active during the upcoming 2014 legislative session.

2014 General Assembly Ways to get involved Find out who represents you in Frankfort by visiting http://lrc.ky.gov/Legislators.htm or calling 1-800-372-7181 Call the toll-free legislative message line (1-800-372-7181) to leave a message for any legislator or group of legislators.

Set up a meeting with your legislators in your home district.

Join KFTC for rallies and major lobby days in Frankfort.

Photo by Nick Lacy

Eric Mount spoke in support of fairness at a special Danville City Commission meeting on January 27. Mount and other Wilderness Trace chapter members have worked for the last year to get the commission to adopt a fairness ordinance. At the January meeting, the commissioners voted 4-1 to draft an ordinance. It’s expected to be complete in mid-March.

Wed., February 12: I Love Mountains Day Wed., February 19: Fairness Lobby Day Wed., March 5: 50th anniversary of MLK Jr.’s March on Frankfort

And never forget that we are our best hope for a brighter future!

www.kftc.org | January 31, 2014

Balancing the Scales | 13

New energy and transition update

Recent developments toward Appalachia’s Bright Future

Since hosting the Appalachia’s Bright Future conference in April 2013 – and having talked about Appalachian transition for years – KFTC members have been keeping an eye on several recent developments related to transition.

Appalachia’s Bright Future was a three-day meeting in eastern Kentucky focused on building a shared vision of the next economy in the mountains, a future beyond coal. More than 200 people attended, and the conversation ranged from broadband access to local food, entrepreneurship, sustainable forestry, energy efficiency and renewable energy, land and stream reclamation, and more.

In the months following the April conference, the conversation about transition – and even the words “bright future” – began to spread and deepen among journalists, elected leaders and in social media. The landscape began to shift from the “war on coal” debate to a more balanced conversation about what comes next.

SOAR: Shaping Our Appalachian Region

In the fall, Governor Steve Beshear and U.S. Rep. Hal Rogers joined the conversation, announcing a planning process called Shaping Our Appalachian Region (SOAR).

KFTC members submitted an open letter to Beshear and Rogers with suggestions for principles, process and policies to guide future development in the region.

The letter signed by Carl Shoupe, a retired coal miner from Harlan County, and Elizabeth Sanders of Letcher County read in part: We hold fast to the hope that we, along with our children and grandchildren, will have opportunities to create good lives for ourselves right here at home.

And like you, we hold special and deep concerns about the economic conditions now facing so many people and communities in eastern Kentucky.

Members attended the SOAR Summit in December in Pikeville, along with nearly 1,700 other people, and contributed ideas and insights, including a handout with the same principles, process and policies for a just transition.

In January, the state released the first SOAR report.

The report is not a plan or set of recommendations, which will come later, but an account of the summit, including all 600 suggestions submitted that day and online. It also includes such observations as: • There is a crisis, people know it, and they are ready to act.

• The region knows its economy must be diversified.

• Folks want the dialogue deepened and broadened.

• Folks know if they lose this chance it will be a long time before they get another.

• Pe o p l e a p p re c i a t e t h e governor and congressman, but fear entrenched interests will wait them out.

The full report can be found online at http://governor.ky.gov/ Documents/SOAR-report.pdf 2014 State Budget

In his budget proposal, Gov. Beshear included $2 million a year for a regional strategic development fund to help diversify the economy of eastern Kentucky, plus $400,000 for administrative costs associated with followup to the SOAR Summit, and $2 million a year to fund college scholarships for more than 500 students from the eastern and western Kentucky counties.

Promise Zones

Also in January, President Obama announced that eight counties in eastern Kentucky would be named a Promise Zone, along with four other zones across the country. The designation will give the region priority in applying for federal funding to increase job training, access to affordable housing, educational opportunities, and more.

“If the resources from the federal government through the Promise Zone will coordinate with things like the SOAR Initiative and other existing and future programs, we may begin to see some steps toward the change the people of eastern Kentucky have been ready for and working toward,” said Sanders after the announcement.

Strike Force

Seventy-three counties in Kentucky were added to the U.S. Department of Agriculture’s StrikeForce program, which will mean increased access to the USDA’s programs targeting rural poverty.

Broadband Expanding broadband was a topic of both the Appalachia’s Bright Future conference and the SOAR summit, and in January Congress directed $10 million to expand broadband access in Appalachian counties.

Mountain Parkway Expansion

Another key theme of the SOAR summit was widening the Mountain Parkway. In January, Gov. Beshear proposed a six-year, $753-million project to widen the parkway to four lanes from Campton to Prestonsburg.

For ongoing updates about this evolving conversation around transition, keep watching KFTC’s blog: www.kftc.org/blog and our Appalachia’s Bright Future pages: www.kftc.org/abf/connect

PRINCIPLES OF A JUST ECONOMIC TRANSITION FOR APPALACHIA KFTC members believe that a just transition is possible, even in the midst of rapid changes in the coal industry, and that such a transition must: • Improve the quality of life for people and communities affected by economic disruption, environmental damage, and inequality • Foster inclusion, participation and collaboration • Generate good, stable, meaningful jobs & broad access to opportunities & benefits • Promote innovation, self-reliance, and broadly held local wealth • Protect and restore public health and our environment • Respect the past while also strengthening communities and culture • Consider the effects of decisions on future generations

PROCESS MATTERS MATTERS PROCESS To build a bright future in eastern Kentucky, we need public leaders who encourage collaboration, reduce polarization, and create a process that allows for meaningful public participation from people from all walks of life and perspectives. It’s especially important, we believe, to encourage the leadership of young people, women, the unemployed and underemployed in this conversation. We can’t afford for their voices to go unheard when decisions are being made about the future of our region. www.kftc.org/ABF

14 | Balancing the Scales

www.kftc.org | January 31, 2014

Proposed Bluegrass Pipeline update

Detection systems for big pipelines seem to miss most leaks Near the end of a three-hour meeting of the Environmental Quality Commission in January, Bob Pekny heard something that astounded him.

The leak detection equipment used by the company wanting to build the proposed Bluegrass Hazardous Liquids Pipeline has a threshold of 1.8 percent of volume.

“That means they could have a huge leak and they wouldn’t even notice it,” Pekny said. “It works out to 302,000 gallons a day or 12,600 gallons an hour – the leak has to be bigger than that before their instruments will detect it. That’s a huge leak.”

Pekny, a KFTC member in Woodford County who lives along the Kentucky River near the pipeline’s proposed route, is familiar with pipes and pressure from a career as a refrigeration contractor. He had previously researched and thought the leak detection threshold was much lower.

“I was shocked. I had done enough research that I thought it was a much lower number than that,” Pekny said.

When operating at capacity, the proposed pipeline could carry 400,000 barrels of natural gas liquids per day.

A barrel is 42 gallons.

For comparison, the chemical spill in West Virginia that contaminated water supplies for 300,000 residents

and is still causing problems weeks later was estimated to was a false alarm. This sounds like their control room isn’t very effective.” be between 7,500 and 10,000 gallons.

Adding to the company’s admission is evidence that A recent Wall Street Journal analysis of 251 pipeline the control rooms where pipeline pressure is monitored incidents over four years found that leak-detection software, special alarms and 24/7 control don’t work. room monitoring discovered just 19.5 Representatives of the propercent of those leaks. posed Bluegrass Hazardous Liq But a more thorough review by uids Pipeline have been touting InsideClimate News covering 10 years the effectiveness of their remote of oil pipeline spills found that 95 permonitoring system in Oklahocent of spills are not discovered by leak ma for months to relieve public detection systems, including 4 out of 5 fears about pipeline leaks. spills larger than 42,000 gallons.

Company officials ac At the Environmental Qualknowledged that their existing ity Commission meeting, at least 16 pipelines have had leaks (there company representatives were present, have been dozens of leaks in many flown in from across the country, recent years). But their safety to convince commissioners that the expert also said not one of these leaks had been detected by their Bob Pekny spoke to concerned residents after pipeline would be of great benefit to a legislative hearing in September.

Kentuckians. Residents from communicontrol center. ties along the pipeline’s projected route “When questioned about the control room and how alarms work, they said that the had presented to the commission in November. one time that they thought they had a leak it turned out to The commission is expected to make recommendabe a ‘meter problem’ and not a leak at all,” Pekny said. “It tions regarding the proposed pipeline to the governor and state environmental cabinet soon.

Residents concerned about second hazardous liquids pipeline Residents along 16 Kentucky counties where there could be another high-press, high-volume hazardous liquids pipeline are becoming more concerned the more they learn about the proposal.

In August, Kinder Morgan Energy Partners and MarkWest, two large energy/pipeline companies, announced a joint venture that would re-purpose the Tennessee Gas Pipeline from its current use for natural gas to carry natural gas liquids (NGLs). The line would carry raw NGLs from Ohio to the Gulf Coast for processing and export.

When fully operational it could carry 400,000 barrels per day.

Dick Watkins of Frankfort has done extensive research about the Dick Watkins re-purposing of pipelines and collected information that he reported to the Environmental Quality Commission in October and November. “[I]n spite of all the sophisticated in-line-inspections and hydrostatic tests that will be done, it [re-purposed pipeline] may still fail in service. One reason is that the pipe was manufactured using obsolete welding technology called Low Frequency Electric Resistance.

“Another is the obsolete exterior protective coatings that are known to disbond, which reduces the effectiveness of cathodic protection against corrosion,” according to Watkins.

“A third reason is that pressure spikes in a pipe are more severe for a liquid than for a gas. You learned this as a kid.

Which balloon would you throw at someone, one filled with

air or one filled with water?”

He provided data that show most failures for pipelines that used the LF-ER welding were for “external selective seam corrosion … which is hard to detect on the outside of a pipe underground.”

“In summary, there is no economic benefit to Kentuckians for using re-purposed pipelines, and there are acute health, safety and environmental risks for piping NGL long distances,” Watkins concluded.

Kinder Morgan, which owns the Tennessee Gas Pipeline, will need to file an application with the Federal Energy Regulatory Commission (FERC) to allow it to abandon natural gas service along the line. FERC will make that decision based on maintaining gas supplies to customers now being served by the line, not on the intended postabandonment use.

Kinder Morgan has a poor safety record, not only for pipeline accidents but also for workplace safety violations cited by the U.S. Occupational Safety & Health Administration. In 2011,

the U.S. Department of Labor sued Kinder Morgan for underpaying workers.

In 2004, a 4-inch NGL pipeline operated by Mark

West Energy in Floyd County, Kentucky, exploded,

incinerating five homes and sending nine

people to the hospital.

www.kftc.org | January 31, 2014

Balancing the Scales | 15

Rally will commemorate historic 1964 Frankfort civil rights march

A major civil rights gathering will take place on March 5 newspaper and a key organizer of the event, other state civil in Frankfort as many people come together to mark the 50th rights leaders, and King and Robinson, to talk about the anniversary of a historic civil rights march in 1964 led by Rev. urgent need for a state civil rights law.

Martin Luther King Jr. The march also helped build support for the U.S. Civil “Everyone who is proud of Kentucky’s historic role in Rights Act of 1964, and helped result in the Kentucky Civil helping to end segregation in the nation and for being the Rights Act of 1966. first state south of the Mason-Dixon Line to have a state Civil The Kentucky Civil Rights Act makes it illegal to Rights Act is enthusiastically invited to participate,” according discriminate against people in the areas of employment, to a press release from the Kentucky Commission on Human financial transactions, housing and public accommodations.

Rights.

Discrimination is prohibited in all these areas based on race,

The event is being organized by the Allied Organizations color, religion, national origin, gender and disability. for Civil Rights, of which KFTC is one of many members. In employment, discrimination is further prohibited on The commemorative march and accompanying rally will be the basis of age (age 40 and over) and on the basis of tobaccofrom 10 a.m. through approximately noon EST on Wednesday, smoking status.

March 5.

In housing, discrimination is further prohibited based “It is our desire to build upon the legacy that 10,000 on familial status, which protects people with children in the Kentuckians left in 1964 with efforts that ultimately led to household under the age of 18, and it protects women who the end of legal discrimination and the Kentucky Human are pregnant.

Rights Commission being made the state authority charged It is also a violation of the law to retaliate against a person with investigating and ruling on discrimination complaints,” who has made a discrimination complaint to the commission. said John J. Johnson, executive director of the state human The Allied Organizations for Civil Rights was formed for rights commission. the sole purpose of organizing this commemorative event and The historic March 5, 1964, Civil Rights March on carries the same name of the group that organized the 1964 Frankfort included more than 10,000 people who walked to the march on Frankfort. It is a collaborative network consisting capitol to urge a law that would help end segregation by making of professional, educational, human rights and activist groups discrimination illegal in the area of public accommodations and individuals. such as stores, restaurants, theatres, and hotels.

The group includes the Kentucky Legislative Black A host of Kentucky civil rights Caucus, Kentucky Council of Churches, leaders, citizens of all races, and the Kentucky Conference of NAACP Coming? Gather at celebrities participated. Rev. Martin Branches, the Kentucky Chapter of the corner of 2nd Luther King Jr., Rev. Ralph David the National Association of Human Abernathy and baseball great Jackie Rights Workers, the Kentucky Advisory Street and Capital Robinson were among those who Committee to the U.S. Commission on Avenue in Frankfort traveled to Kentucky to help lead the Civil Rights, the Kentucky Black Caucus at 9:30 a.m. to line marchers to the capitol and speak to of Local Elected Officials, the Fairness the crowd from the steps.

Campaign, the American Civil Liberties up and march about

The folk group Peter, Paul and Mary Union of Kentucky, the Kentucky AFLtwo blocks to the led songs about freedom. Gov. Edward CIO, the A. Phillip Randolph Institute, the state capitol.

(Ned) Breathitt met with Frank Stanley Coalition of Black Trade Unionists, local Jr., owner of the Louisville Defender human rights commissions throughout the

Dr. Martin Luther King Jr. speaking at the 1964 Civil Rights March. Photo from the University of Louisville Photographic Archives, James Keen collection.

state, representatives of Kentucky’s colleges and universities and KFTC. “The Allied Organizations for Civil Rights hopes that men, women and children from all over the state who believe in continuing the justice movement will participate in the commemorative march and rally on March 5,” said Johnson.

He added that the Allied Organizations for Civil Rights also hopes to place modern-day human rights at the forefront of the commemorative event by urging full voter participation and access.

“We will be encouraging schools and colleges to bring students to participate in the event, just as they did in 1964,” Johnson said. “We hope to see busloads of students and teachers as well as human rights, religious, disability, and other activist and advocate groups,” he said.

For more information, to help with organization or to sign up to participate, contact Mary Ann Taylor of the Kentucky Commission on Human Rights at 800-292-5566 or at AOCR@ky.gov. Allied Organizations for Civil Rights asks for as many volunteers as possible to help facilitate and to share the plan for the 50th anniversary march.

FAIRNESS LOBBY DAY AND RALLY SUPPORT HOUSE BILL 171 February 19, 8:30 am: Lobby Training, Capitol Annex Room 111 1:30 pm: Rally, Capitol Rotunda Regional carpools leaving from Berea, Campbellsville, Elizabethtown, Frankfort, Lexington, Louisville, Northern KY, and Shelbyville.

For more information call (502) 893-0788, email Laura@fairness.org, or visit www.FairnessCoalition.org.

16 | Balancing the Scales

www.kftc.org | January 31, 2014

CALENDAR OF EVENTS CHAPTER MEETINGS February 3 Wilderness Trace Chapter Meeting 7-8:30 p.m. at Inter-County Energy Community Room 1009 Hustonville Rd., Danville Info: Bethbissmeyer@kftc.org or call 859-314-2044

February 17 Perry County Chapter Meeting 6-7 p.m., HCTC Tech Campus, 101 VoTech Drive, Room 118, Owens Building Hazard Info: Jessie@kftc.org or call 606-263-4982

February 6 Scott County Chapter Meeting 7 p.m. at the Georgetown Public Library, 520 Hollyhock Lane, Georgetown Info: Joe@kftc.org or call 859-380-6103

February 20 Shelby County Chapter Meeting 6 p.m., Stratton Community Center, 215 W Washington St., Shelbyville Info: Carissa@kftc.org or call 502-208-1696

February 10 Jefferson County Chapter Meeting 6:30 p.m. at the First Unitarian Church, 809 South 4th Street in Louisville.

Info: Alicia@kftc.org or call 502-589-3188

February 20 Central Kentucky Chapter Meeting 7 p.m. at the Episcopal Diocese Mission House (corner of Martin Luther King Blvd. and 4th Street) in Lexington.

Info: BethHoward@kftc.org or call 859-276-0563

February 10 Big Sandy Chapter Meeting 7-8:30 p.m. at the KFTC Office, 152 North Lake Drive, Prestonsburg Info: Jessie@kftc.org or call 606-263-4982

February 24 Madison County Chapter Meeting 6:30 p.m. at Berea College Appalachian Center, 205 N. Main St., Berea.

Info: BethBissmeyer@kftc.org or call 859-314-2044

TRAININGS

ROWING PPALACHIA SATURDAY, MARCH 8, 9 a.m. - 4:30 p.m.

Jenny Wiley State Park, Prestonsburg, Kentucky Workshops will be about beginning organic gardening, on-farm renewable energy, small-scale mountain farming and more.

Free and open to the public • $10 suggested donation per adult Pre-registration is appreciated: Register online at www.kftc.org/growing or call 606-263-4982 Sponsored by the Big Sandy KFTC Chapter and others.

Power Up Webinar Series: 7 p.m., visit www.kftc.org/calendar for the phone number and access code.

Info: Lisa@kftc.org or call 859-2005159

February 10: Getting Prepared for I Love Mountains Day

February 3: The Case for Clean Energy Policies in Kentucky

February 24: An overview of the 2014 Kentucky General Assembly so far

February 17: What’s the latest with the proposed Bluegrass Pipeline?

EVENTS February 4: From Louisville to Appalachia: Celebrating Our Common Heritage, 7 - 10 p.m., Hillbilly Tea, 120 S. 1st Street, Louisville Info: Alicia@kftc.org or call 502-589-3188 February 5: Clean Energy Lobby Day, 8:30 am - 1 p.m., Capitol Annex Room 111 Info: Lisa@kftc.org or call 859-200-5159 February 6: I Love Mountains Poster Making Party, 6 - 9 pm, Four Sisters Restaurant, 2246 Frankfort Ave., Louisville Info: Alicia@kftc.org or call 502-589-3188

February 7: Premiere Film Screening of “Appalachia 2050”, 7 p.m., Clifton Center, 2117 Payne St., Louisville.

Info: Alicia@kftc.org or call 502-589-3188 February 12: I Love Mountains Day March and Rally. Noon, gather at the Kentucky River; 12:30 pm, March to Capitol steps; 1:15 pm, Rally!

Info: www.kftc.org/love February 15: Northern Kentucky Loves Mountains! 2 p.m., Velocity Bike and Bean, 7560 Burlington Pike, Florence.

Featuring poets Scott Goebel and Jim Webb, and musicians Kentucky Graham and the Red Cedars.