balancing the scales - March 2012

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

balancing the scales Volume 31 Number 2

March 15, 2012

I Love Mountains Day 2012 Non-Profit U.S. Postage PAID Lexington, Ky. Permit No. 513

On a cold rainy day, 1200 handmade pinwheels shined with hope pg. 15 A tribute to Mike Mullins

pg. 3 40 years after the Buffalo Creek Flood: what has changed? pg. 5 Legislative Update pg. 6 Cross county potluck turns into “Hands Across Pine Mountain� pg. 8 Hazard Diversity Club helps focus local and regional fairness pg. 10 Arriving by the busloads, members pack a bus and head to capitol pg. 16 Members find stark contrast in the Kentucky that they want to see, and the Kentucky that the legislators will fund pg. 18 Energy audit is the start of saving money for Rick Handshoe pg. 19 Breakthrough in Voting Rights Campaign pg. 21

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balancing the scales, March 15, 2012

Table of Contents

A tribute to Mike Mullins, a KFTC friend

page 3

Member Commentary Youth rallied, lobbied, and spoke out to protect their own future A first-time lobbyist reflects 40 years after the Buffalo Creek Flood: what has changed?

page 4 page 4 page 5

Kentuckians For The Commonwealth is a statewide grassroots social justice orga­­ni­ zation working for a new balance of power and a just society. KFTC uses direct-action organizing to accomplish the following goals:

KFTC Legislative Update page 6 Local Updates Legislators get sticky letters from annual “Crepes of Wrath” party Cross county potluck turns into “Hands Across Pine Mountain” Madison County members push for fairness Energy audit moves Lynch efficiency project along Hazard Diversity Club helps focus local and regional fairness Wilson Creek residents use setback as opportunity to work closer with the state Energy and Environment Cabinet Tar sands oil is a filthy fuel, Louisville members learn Canary Project Update Valley fills excluded but in-stream ponds may be allowed Army Corps of Engineers to issue new Nationwide Permit On a cold rainy day, 1200 handmade pinwheels shined with hope Arriving by the busloads, members pack a bus and head to capitol The health impacts of mountaintop removal coal mining

page 8 page 8 page 9 page 9 page 10 page 11 page 12

page 18

New Energy and Transition Update Energy audit is the start of saving money for Rick Handshoe Clean Energy Lobby Day leads to hearing for HB 167

page 19 page 20

Voting Rights Update Breakthrough in Voting Rights Campaign Former Felon Voices: James Snyder, Scott County Democracy wins against political games in redistricting case Forming a KFTC Chapter

page 21 page 22 page 22 page 23

Name: Address: City, State Zip: Phone: Email:

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.

page 13 page 15 page 16 page 17

Economic Justice Update Members find stark contrast in the Kentucky that they want to see, and the Kentucky that the legislators will fund

I want to help KFTC build power!

• foster democratic values • change unjust institutions • empower individuals • overcome racism and other discrimination • communicate a message of what is possible • build the organization • help people participate • win issues that affect the common welfare • have fun

KFTC Steering Committee Steve Boyce, Chairperson Sue Tallichet, Vice-Chairperson Dana Beasley Brown, Secretary-Treasurer K.A. Owens, Immediate Past Chair Rick Handshoe, At-Large Member

Chapter Representatives

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Rosanne Fitts Klarer, Scott County Erika Skaggs, Central Kentucky Ted Withrow, Rowan County Ben Baker, Northern Kentucky Mary Love, Jefferson County Travis Lane, Bowling Green & Friends Carl Shoupe, Harlan County Cleveland Smith, Perry County Megan Naseman, Madison County Elizabeth Sanders, Letcher County Nathan Hall, Floyd County Alternates: Vacant, Scott County; Christian Torp, Central Kentucky; Lisa Bryant, Rowan County; Katie Meyer, Northern Kentucky; Christine Farmer, Jefferson County; Vacant, Bowling Green & Friends; Roy Silver, Harlan County; Tiffany Stiles, Perry County; Meta Mendel-Reyes, Madison County; Ada Smith, Letcher County; Bev May, Floyd County

balancing the scales is published by Kentuckians For The Commonwealth and mailed third class from Lexington, Kentucky.

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balancing the scales, March 15, 2012

Page 3

In Memory of...

A tribute to Mike Mullins, a KFTC friend

by Randy Wilson

On Sunday, February 19, Mike Mullins, the 35year director of Hindman Settlement School, died suddenly of a heart attack.

When one of the mourners heard the news all he could say was, “Impact.” Indeed, Mike was an impact player in the eastern Kentucky region.

He was instrumental in so many important projects in the region – the artisan center, the craft school, the business incubation program, the dyslexic reading program, building the community college extension with new library and daycare center, the Appalachian Writer’s Workshop, the Family Folk Week that supported local artists.

Mike was always on the go, raising money and serving on local, regional and state boards. He had a hand in developing an ongoing series of leadership training workshops for eastern Kentucky.

The last time I saw Mike, he was promoting a trust fund devoted to Appalachia Kentucky.

I told his wife, Frieda, that he just worked too hard.

She said, “He enjoyed it. He looked forward to work.

He liked getting things done.”

Mike and Frieda were very caring parents. They raised two of their own children and adopted two more kids as well. They were caretakers of a member of the extended family who was a special needs adult. They were very active in their church.

Mike was busy calling a youth league basketball game the weekend that he passed away. He out walked everyone in the annual walk-a-thon to prevent cancer.

Mike Mullins was a fearless friend and neighbor.

His neighbor, Bill Weinberg, was running for attorney general out in the western part of the state when Mike got a call in the middle of the night from Bill’s wife,

KFTC Offices and Staff MAIN OFFICE Morgan Brown, Robin Daugherty & 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, Colette Henderson and Nancy Reinhart 901 Franklin Street Louisville, Ky 40206 502-589-3188 Whitesburg Sidney Cornett presented a plaque of appreciation to Mike Mullins in the 1980s. For 30 years, KFTC has had many steering committee meetings, anniversary gatherings and other events at the Hindman Settlement School through the years, and it was a common meeting place in KFTC’s first decade.

Lois. She asked him to come over quickly because someone had shot through one of the windows of the house. Mike grabbed his pistol, roared over there in the car, jumped out, fired two shots in the air, and dared the intruder to show his face.

Mike Mullins was a friend of KFTC. He opened the door of the settlement school to many annual meetings and local chapter events. He understood the challenges that coal brought to the region.

His father was a miner with black lung. Both he and his father were familiar with organizing in the mountains. But Mike also knew that he had to keep in mind the security of the settlement school.

He told me one day, “I’ve had to walk a fine line in

Celebrate I Love Mountains Day every day with KFTC’s pinwheel-themed coffee mug.

These stainless steel mugs are insulated to keep your coffee warm and come with a lid to minimize spillage.

For a $20 donation (plus $3 s/h), we will renew your membership and send you a mug as a thank you gift.

Visit www.kftc.org/pinwheel-mug to purchase and instantly renew your dues with KFTC!

Tanya Turner P.O. Box 463 Whitesburg, Ky 41858 606-632-0051 Berea Lisa Abbott, Amy Hogg, Carissa Lenfert, Sara Pennington and Kevin Pentz 140 Mini Mall Drive Berea, KY 40403 859-986-1277

Teri Blanton 118 Baugh Street Berea, Ky. 40403 859-986-1648 Central Kentucky Tim Buckingham, Jessica Hays Lucas, Erik Hungerbuhler, Heather Roe Mahoney, Dave Newton and Ondine Quinn 250 Plaza Drive Suite 4 Lexington, Ky 40503 859-276-0563 Northern Kentucky Joe Gallenstein 859-380-6103 Floyd County Kristi Kendall 606-226-4159

e-mail any staff member at firstname@kftc.org except for Jessica Hays Lucas use jessicabreen@kftc.org

this community” to find a way to support social movements and keep this institution thriving. Mike told one of KFTC’s organizers that he looked forward to retirement so that he could go to bluegrass festivals and fight mountaintop removal.

Impact. Impact. In life and in death he made such a lasting impact in our lives. Please keep the settlement school in your thoughts and prayers as we struggle to keep his vision for the region alive.

The family asks that memorial gifts be made to Hindman Settlement School New Office Fund, P.O. Box 844, Hindman, Ky. 41822. Cards can be sent to Frieda Mullins at the Settlement School address.

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balancing the scales, March 15, 2012

Member Commentary

Youth rallied, lobbied, and spoke out to protect their own future

by Jeri K. Howell

Being the president of Frankfort High School’s Earth Club is amazing.

I get to implement efforts to make our school more “green,” set up volunteer opportunities, and organize club participation in environmental activism.

Naturally, our club goes to KFTC’s I Love Mountains Day every year. It is a tradition at Frankfort High School – a tradition that, even though we are glad to participate, we hope will be obsolete in the near future due to Kentucky’s governor hearing our pleas!

As a club concerned about advocating for the environment, we are against the harmful mining practices of mountaintop removal.

We recognize that with Kentucky’s state capitol within walking distance from our campus it is our responsibility as citizens and Kentucky teens to take advantage of that location and have the voice of Kentucky’s youth be heard.

Before I Love Mountains Day this year, Earth Club participated in the weekly sit-ins at the governor’s office through the organization Sit-In for the Mountains.

Members of the club went as far as to play dead in the governor’s office, “killed” by toxins from our streams in eastern Kentucky.

We were ready for I Love Mountains Day, and we were ready to lobby for the Stream Saver Bill, the Clean Energy Opportunity Act, and to speak with our legislators.

KFTC connected me with Franklin County’s Rep. Derrick Graham and Sen. Julian Carroll. Both Rep. Graham and Sen. Carroll were friendly and encouraging, and most importantly, they listened.

We caught Rep. Graham as he was coming out of his Education Committee meeting, and we met with him for an hour. Our relationship with Rep. Graham was confident and easy-going on both sides, as we know him as a history teacher at our high school. We told him why we were there, and he proceeded to give us all of the knowledge and opinions he had on the issue of mountaintop removal coal mining.

When we asked him to co-sponsor the Stream Saver Bill, he stated that he had co-sponsored in the past but de-

cided to take his name off the bill after a visit to eastern Kentucky and after talking with his fellow legislators from eastern Kentucky.

Rep. Graham decided, it seemed, that the issue was too sticky. He agreed that mountaintop removal coal mining was bad for water quality and health, but that he was not ready to support a bill that would take away any jobs in eastern Kentucky.

We respectfully refuted his arguments, and in turn, he urged us to immerse ourselves in the other side’s opinion as much as we had the antimountaintop removal opinion.

We told him the new health statistics (higher cancer rates and birth defects near mountaintop removal coal mining sites).

After hearing those statistics, Rep. Graham seemed a bit shocked. He asked if we had a folder for him. So gladly we gave him a folder. Hopefully, he will reconsider being a co-sponsor again and share the folder’s content with other House members.

Meeting with Sen. Carroll was an absolute treat. He spoke with us extensively about the issue of mountaintop removal. He admitted that he had never read the Stream Saver Bill, but that he strongly feels that mountaintop removal coal mining has been abused in Appalachia and must stop.

Another colleague of his pointed out to us that it is important, in order for this bill to be taken seriously or get a hearing, that we get some Republican backing on the Stream Saver Bill.

Currently, there are only Democratic cosponsors; his colleague suggested trying to talk with Republican House members and get them to cosponsor.

We closed the meeting by having Senator Carroll agree to talk to some House members on the issue and urge them to support the bill.

The youth of Kentucky have a very strong voice; it is our health, our water, our future and our children’s future.

Lobbying for the Stream Saver Bill was a great experience, and we will persist in acting and speaking against mountaintop removal coal mining until there is justice for the mountains and people of Kentucky.

Thank you, KFTC, for providing the frameworks for Frankfort High Earth Club to lobby at I Love Mountains Day!

KFTC member Jeri Howell (right) and her friend attended I Love Mountains Day with their high school “Earth Club.”

Letter to the Editor

A first-time lobbyist reflects

Dear Editor, My name is Nicholas Brooks and I recently went to Frankfort to lobby for the first time. We drove to the Capitol to meet other KFTC members there for training and to do some lobbying.

The reason we all gathered there

was so we could all learn more about all the bills we wanted to pass and how we could get legislators to vote for them.

The other KFTC members that I got to meet for the first time are all pretty amazing people. They are some of the most devoted people I have ever met.

They know what bills they want to pass. They know why they want them to pass. They even know how they are going to get them passed.

They also know that it will take time. If we don’t get it done this time, we will just come back next year and keep trying!

It was a great experience overall.

Honestly, I can’t wait to go again.

Nihcolas Brooks, Prestonsburg, Kentucky

KFTC.ORG/BLOG

balancing the scales, March 15, 2012

Page 5

Member Commentary

40 years after the Buffalo Creek Flood: what has changed?

around $19 million.

The Governor’s Commission was not the whitewash many had feared, February 26 marked the 40th annirather it called out numerous state agenversary of the Buffalo Creek Flood. cies and stated: The Pittston Company, On that day in 1972 a coal waste through its officials, has shown flagrant dam at the head of a crowded hollow in disregard for the safety of residents of Logan County, WV, collapsed sending a Buffalo Creek and other persons who wall of water, sludge and debris barrellive near coal-refuse impoundments. ing through the 16 small communities This attitude appears to be prevalent along Buffalo Creek. throughout much of the coal industry 125 people were killed, and more today. than 4,000 were left homeless. An of The disaster also spurred passage of ficial of the Pittston Company, the coal the 1977 federal Surface Mining Concompany owning the dam, stated in the trol and Reclamation Act (SMCRA) immediate aftermath that it “was an act and federal and state regulations reof God.” The dam was simply “incagarding dam construction and inspecpable of holding the water God poured tion that eliminated the greatest threats. into it.”

Unfortunately, many people from I had just moved to Whitesburg to Buffalo Creek were prevented from dowork at Appalshop after interning with ing the one thing that they most wanted the West Virginia Black Lung Associa— to go back home. tion.

Misguided and culturally inap Friends called to say a citizens compropriate government redevelopment mission had been formed to investigate plans delayed their return. But most the disaster because there was little significantly, almost three quarters of confidence the state would do an honthe land in Logan County was owned est job, and asked if Appalshop would by outside corporate interests that vecome to Buffalo Creek to document the toed resettlement in favor of reserving hearings. We went. the land for mining.

The devastation was horrifying,

Today all that remains of Saunders, and survivors were anxious for their the first community below the dam, is stories to be told. I decided to document the Saunders Preparation Plant and surwhat had happened and why, and in the rounding deep mines and strip operaprocess received help from numerous tions. filmmakers and photographers who Forty years after Buffalo Creek, had covered the story. experts report that waste dams are

The Pittston Company never admitbetter engineered and monitored. But ted liability for the disaster although coalfield communities are increasingly they did settle a number of lawsuits for threatened by huge impoundments on the top of mountaintop removal jobs, like the one in Martin County, Ky that broke through into older mine workings in 2000 and created the worst environmental disaster east of the Mississippi River.

Deadly and destructive floodAbove is a drawing that a young survivor did to depict their ing is taking place throughexperience of the Buffalo Creek disaster.

by Mimi Pickering

Unfortunately, many people from Buffalo Creek were prevented from doing the one thing that they most wanted — to go back home. Misguided and culturally inappropriate government redevelopment plans delayed their return.

But most significantly, almost three quarters of the land in Logan County was owned by outside corporate interests that vetoed resettlement in favor of reserving the land for future mining. out the region where mountaintop removal coal mining is most concentrated, and scientists are documenting a direct connection.

In 2010, Upper Big Branch, a mine that was known to be dangerous and in violation of safety laws, exploded and 29 miners died.

Forty years ago, when these disasters occurred, at the very least we

expected our representatives to pass new laws and regulations that sought to correct the problems and better protect the people and the land.

Today, in Kentucky, our legislators have failed to even pass a requirement that dam owners develop emergency action plans to evacuate communities below their impoundments.

It is a travesty.

Last Gift Date Printed On Front Cover!

We’ve heard from a lot of members that they would love to stay current in their membership dues, but just don’t know when their renewal date is. So now we are printing your last gift date with your mailing label*.

Renew by mail: Send in a contribution and the form.

Renew by phone: Call Morgan to pay by credit card: 606-878-2161.

Renew online: It’s easy to make a donation online at www.kftc.org/donate. * Let us know if the last gift date looks wrong. Databases can be imperfect. Keep in mind that it takes about two weeks for the paper to be printed and on your doorstep. If you’ve made a donation in that time, it won’t make it on the label.

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balancing the scales, March 15, 2012

2012 KFTC’s Legislative Issues at a glance Here’s a quick look at the bills KFTC has a position on so far in the 2012 General Assembly. The KFTC Executive Committee (which serves as the legislative strategy team) reviews bills and amendments weekly. This information is current as of March 14. For a more recent update, visit www.kftc.org/billtracker.

Issue

Summary

Status

Action Needed

Saving Streams (and mountains) House Bill 231 KFTC position: Strongly Support

This legislation would prohibit the dumping of mine wastes into “an intermittent, perennial, or ephemeral stream or other water of the Commonwealth.”

HB 231 was introduced on January 9 with 7 cosponsors and has been as­ signed to the House Natural Resources and Environment Committee. No hear­ ing or vote will be allowed by House leaders.

All members of the General Assembly and the governor are ignoring their responsibility to protect the people and land of Kentucky. Let them know this.

Contact them and ask why they are ignoring the tremen­ dous health, human and envi­ ronmental cost of mountaintop removal mining.

Voting Rights House Bill 70 KFTC position: Strongly Support

HB 70 calls for a constitutional amendment to automati­ HB 70 passed the House on Feb. 16. cally restore voting rights to most former felons upon the The vote was 78-18. The bill is now as­ completion of their sentence. signed to the Senate Judiciary Commit­ tee.

Contact all members of the Senate Judiciary Committee and request that HB 70 receive a vote.

Tax Fairness House Bill 127 KFTC position: Strongly Support

HB 127 contains four different tax reforms to make our tax system more fair and to raise more revenue in order to make progress in key areas like education, higher education, health care, housing and the justice system.

HB 127 is in the House Appropriations and Revenue Committee.

Contact House and Senate leadership and ask that they come up with a plan to raise revenue and make our tax sys­ tem more fair. Attend the “127 Yard Sale” on March 26.

Clean Energy Opportunity Act House Bill 167 KFTC position: Strongly Support

Pass a Renewable and Efficiency Portfolio Standard re­ quiring utilities in Kentucky to get an increasing share of their energy from clean, renewable sources and energy efficiency programs.

HB 167 has been assigned to the House Tourism, Development, and Energy Committee. A hearing is scheduled for Thursday, March 22.

Call the Legislative Message Line (800-372-7181) and leave a message for all members of the House Tourism, Develop­ ment and Energy Committee in support of the Clean Energy Opportunity Act, HB 167.

Expanded Net Metering House Bill 187 KFTC position: Strongly Support

Net metering allows people who generate electricity with HB 187 has been assigned to the House their own renewable systems to put it back into the elec­ Tourism, Development, and Energy tric grid and receive a credit from their utility provider.

Committee This bill expands eligibility by allowing users (not just owners, as required now) of the renewable equipment to participate, and increasing the maximum capacity for eligible systems.

Call the Legislative Message Line (800-372-7181) and leave a message for all members of the House Tourism, Develop­ ment, and Energy Committee in support of HB 187 as well as HB 167, the Clean Energy Opportunity Act.

Green Schools House Bill 255 KFTC position: Support

HB 255 funds a Green Schools Initiative by making $50 million in loan money available to schools for projects that will save a minimum of 25% in energy costs.

Contact Rep. Rocky Adkins and tell him, “HB 255 is a good start but HB 167 is Kentucky’s Future.”

Death Penalty Senate Bill 63 KFTC position: Support

SB 63 would replace the death penalty with a life without SB 63 has been assigned to the Sen­ parole sentence. ate Judiciary Committee. It was given a “discussion only” hearing on March 1.

Death Penalty House Bill 145 KFTC position: Support

HB 145 would end the use of the death penalty when the defendant is severely mentally ill.

These are mostly headwater streams that are essential to the quality of waterways upstream and downstream.

Mine wastes could be placed back on the mine site as part of the reclamation process already specified in state and federal law - rather than dumped over the side of the hill into the valleys and streams below.

Establish Feed-in Tariffs that will set a guaranteed rate for renewable energy producers.

HB 255 has passed out of the House by a vote of 96-1. The bill is now assigned to the Senate Appropriations and Rev­ enue Committee.

Contact members of the Sen­ ate Judiciary Committee in support of SB 63.

HB 145 has been assigned to the House Contact members of the House Judiciary Committee, where it has been Judiciary Committee in support posted. of HB 145.

balancing the scales, March 15, 2012

Page 7

2012 KFTC’s Legislative Issues at a glance Issue

Summary

Status

Action Needed

Payday Lending House Bill 332 KFTC position: Support

HB 332 would cap the interest rate on payday loans and HB 332 has been assigned to the House provide protections for consumers.

Banking & Insurance Committee, where it failed last year to get enough votes to get out of committee.

Contact members of the House Banking & Insurance Commit­ tee and House leaders asking them to pass HB 332.

Anti-discrimination House Bill 188 Senate Bill 69 KFTC position: Support

These bills would prohibit discrimination because of sexual orientation and sexual identity.

Contact members of the respective Judiciary commit­ tees asking their support of this legislation.

HB 188 and SB 69 are in their respec­ tive House and Senate Judiciary Com­ mittees. HB 188 has been posted.

Public assistance drug screening This bill would require drug testing for applicants and re­ HB 26 was heard in the House Health House Bill 26 cipients of public assistance “if the caseworker suspects and Welfare Committee, but the bill was KFTC position: Oppose substance abuse at the initial interview, and on any not called for a vote. other occasion.”

Monitor.

Telephone deregulation Senate Bill 135 KFTC position: Oppose

This bill would remove the obligation for telephone com­ panies to provide stand-alone basic telephone service, including 911, to all persons in a geographic area served by that utility.

SB 135 was rolled into SB 12 in the Senate Economic Development, Tour­ ism and Labor Committee on March 13 and is currently on the Senate floor.

Check the online KFTC Bill Tracker for current status, and contact House or Senate mem­ bers to help stop this bill.

Nuclear power House Bill 559 KFTC position: Oppose

This bill partially lifts the moratorium on constructing new nuclear facilities on the condition that electricity is not the primary output and these plants are used to help convert coal to a liquid or gas fuel.

HB 559 is now going to the Senate after being approved by the full House on March 14.

Contact senators and ask them to oppose this misguided effort to make us more dependent on dirty fossil fuels.

Immigration Senate Bill 118 KFTC position: Oppose

SB 118 would require documentation of legal presence SB 118 is in the Senate Judiciary Com­ in the United States in order to receive public assistance mittee. or a driver’s license.

Contact senators and ask them to oppose SB 118.

Administrative Regulations House Bill 450 Senate Bill 4 Senate Bill 10 KFTC position: Oppose

These bills weaken the ability of executive branch agen­ cies to develop and enforce new regulations to control pollution and protect the public.

Check the online KFTC Bill Tracker for current status of these bills, and contact House or Senate members as appro­ priate to help stop these bills.

HB 450 is in the House State Govern­ ment Committee. SB 4 was on the Sen­ ate floor awaiting a vote at press time.

SB 10 was approved by the Senate State & Local Government Committee on March 14 and is likely headed to the Senate floor for a vote

It is time to remind legislators that there is strong grassroots support (or opposition) for each of these bills. Here’s how you can help do that: 1) Call the toll-free Legislative Message Line at 800-372-7181 and ask to leave a message for “all members” of the committee listed above for each bill. The message line is open weekdays 7 a.m. – 11 p.m. (just to 6 p.m. on Fridays).

Message: Please support (or oppose) House/Senate Bill ____ and work for its passage/defeat.

2) Call your legislator directly at 502-564-8100 and express your views on these bills. This is especially important if your representative is a member of any of these committees. If you are not sure who your legislator is, visit www.lrc. ky.gov/Legislators.htm. You can also see what committees they are on.

3) Write your legislators at: Capitol Annex, 700 Capitol Ave., Frankfort, KY 40601. If you want to email them, find their email address here www.lrc. ky.gov/whoswho/email.htm.

4) Spend one or more days lobbying with other KFTC members at the capitol.

Besides the big rallies and lobby days, we have a presence at the capitol most Tuesdays, Wednesdays and Thursdays. Our lobby day usually starts by 9 a.m. and ends shortly after lawmakers go into session at 2 p.m. If you are interested in lobbying with KFTC, check with your chapter organizer or let Lisa Abbott know you are coming so we can expect you – lisa@kftc.org or 859-200-5159.

This information is current through Wednesday, March 14. Check the KFTC web site at www.kftc.org/billtracker for updates on these bills, or the Legislative Research Commission web site at http://lrc.ky.gov/record/10RS/record.htm for updates on all bills. Let lawmakers know your opinions through the Legislative Message Line: 800-372-7181.

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balancing the scales, March 15, 2012

Local Updates

Legislators get sticky letters from annual “Crepes of Wrath” party

The annual “Crepes of Wrath” event was held in e a r l y F e b ru ary in Eolia at the home of Sharman and Jeff ChapmanCrane.

Early in the morning Letcher County members gathered for Jeff’s infamous crepes filled with choices from a buffet of fresh ingredients that included fresh blueberries, strawberries, melons, yogurt, sour cream, honey, maple syrup and pecans.

Chapman-Crane grilled up the crepes fresh and announced to the hungry crowd as each was ready. It was a shuffle in the living room to get to the kitchen for the next hot crepe.

After breakfast, tea and coffee, members gathered to write letters to local newspapers and to their legislators.

Among the most contacted was Rep. Leslie Combs, about both her refusal to plan a meeting with her constituents in Letcher, Harlan and Pike counties and the Clean Energy Opportunity Act (HB 167).

HB 167 has been assigned to the House Tourism Development and

Energy Committee chaired by Rep. Combs.

Letcher County members have requested an at-home, sit-down meeting with Rep. Combs since the first week of legislative session. Her assistant informed them that Combs would not plan any meetings in Letcher County.

Chapman-Crane asserted in his letter that Rep. Combs was “elected to represent all the people, not just a select few” and that “two hours of time doesn’t seem like too much to ask.”

Letters also were written to Senators Daymon Thayer, David Willams, Brandon Smith and Ray Jones.

Many of these letters were in support of HB 70, to restore voting rights to nonviolent former felons and the Clean Energy Opportunity Act (HB 167).

KFTC member Vanessa Hall told her former senator, Sen. Ray Jones, “On-bill financing of energy efficiency upgrades would really be a great boost for those of us who live in older homes.

Have you priced a new heat pump lately?”

Additionally, she also informed Sen. Thayer, in the past responsible for not allowing HB 70 to receive a vote in the Senate State and Local Government Committee (of which he is chair) that “we need to create pathways to citizenship for people, not relegate them to the

Twenty new and familiar faces turned out for a Harlan and Letcher Chapter Potluck in Oven Fork.

Harlan County chapter chair Roy Silver called the event “Hands Across Pine Mountain” in his excitement after the evening.

The multi-chapter event was created as a way to help bring east Kentucky KFTC members together to celebrate and to work collectively to build the membership.

Members shared several homemade and homegrown food dishes, stories from the past couple months of chapter organizing, and a few fiddle tunes from Letcher County’s only performing female fiddle duo, the Skip Dippers.

Folks collectively highlighted stories of great work happening across the chapters and at the capitol

during general assembly over the last couple months.

Three local members renewed their membership with KFTC and members signed a couple Thank You cards. One went to Sen. Brandon Smith’s legislative assistant, Debra, for being so helpful all session, and the other to the Oven Fork Senior Citizen’s Center for providing members with a great, welcoming space to meet and eat conveniently in-between the various communities.

Spirits were high as folks cleaned up and headed down either side of the mountain.

Members are already planning future events to help build solidarity across county lines and to help increase the KFTC membership base in each community.

After writing numerous letters to legislators, Vanessa Hall and Greta Fields made handmade pinwheels to take to I Love Mountains Day in Frankfort. fringes of society.”

Sharman Chapman-Crane wrote a couple letters to newspaper editors, in addition to her legislators. Greta Fields wrote Rep. Jim Gooch in support of the Stream Saver Bill, which is held up the House Natural Resources & Environment Committee, which Rep. Gooch

chairs.

As some people finished up their letters, Hall and Fields made a couple dozen pinwheels for I Love Mountains Day. Members are all already looking forward to next year’s “Crepes of Wrath” party.

Cross county potluck turns into “Hands Across Pine Mountain”

Members from Harlan and Letcher counties gathered for a joint potluck to celebrate the work each chapter has done in the past few months while also working to increase the membership base in east Kentucky.

balancing the scales, March 15, 2012

Page 9

Local Updates

Madison County members push for fairness

by Cory Lowery

The Madison County chapter has been working hard to involve citizens in the important political issues affecting their communities.

One of these issues continues to be fairness. The Madison County chapter remains committed to seeing a fairness ordinance passed in the city of Berea to protect residents from discrimination by preventing businesses and landlords from denying their services to individuals based on their sexual orientation.

There has been some progress on the adoption of a fairness ordinance, particularly in the city of Berea’s appointment of a Human Rights Commission (HRC) that would investigate claims of discrimination in Berea.

To welcome the HRC and encourage a continuing dialogue on the issue of fairness, the Madison County KFTC Chapter, along with its allies in Bereans for Fairness and the Berea Fairness Coalition held a reception for the HRC, where members of the newly formed body could meet and mingle with members of the community.

Held at Berea Coffee & Tea, the reception turned out to be a great success, with more than 80 community members and students from Berea College in attendance to greet the members of the HRC. HRC members were given the opportunity to introduce themselves to the

community members packed into the coffee shop, most expressing their excitement to work on human rights issues in Berea.

“The reception was a thriving success,” said Ethan Hamblin, a Berea College student who spoke at the event.

“We appreciate all of the community and youth that attended the event.”

In addition to its work in fairness, the Madison County chapter has continued its efforts to educate and mobilize concerned members of the public to take action against mountaintop removal coal mining and to advocate on other important issues.

To this end, the Madison County KFTC organized citizen lobby training with an open invitation to anybody who wanted to learn more about the important issues facing Kentucky and how to successfully lobby their legislators.

More than a dozen people showed up from across Madison County, including students from Eastern Kentucky University and residents of Berea, all gathering at Berea College’s Appalachian Center.

KFTC members discussed a variety of important bills going through Frankfort at the meeting. Madison County member Steve Wilkins considered the meeting a success, saying “It was great to see so many new faces at our lobby training. I was thrilled to see these upcoming professionals grasp issues that were new to most of them.”

Members of the Madison County chapter hope that events like the HRC reception and citizen lobby trainings will energize members of the community to participate in direct action to affect positive change locally and throughout Kentucky.

Energy audit moves Lynch efficiency project along

Two Lynch city buildings got a thorough energy audit in early February to kick-start an energy efficiency project.

Josh Bills and Hope Broecker of the Mountain Association for Community Economic Development (MACED), with assistance from Gregory Copley from UK’s Center for Applied Energy Research, conducted the energy audit on the Lynch City Hall and Water Treatment Plant.

Harlan County KFTC members Stanley Sturgill and Carl Shoupe were there to welcome the group to Lynch and to learn more about the process and proposed outcomes. The energy efficiency project is expected to last into the summer months.

Bills, Broecker and Copley started

by learning about the buildings and their energy usage, while also taking notes pictures of all the appliances and units of the buildings that use electricity.

Stay tuned for more updates about

this project as KFTC members, MACED, the city of Lynch and state agencies work to get Lynch city buildings energy efficiency upgrades in the coming months.

Josh Bills from MACED conducted an energy audit of the Lynch water station.

Central Kentucky Chapter update The Central Kentucky chapter has been very busy since the last issue of balancing the scales, most notably with the second annual Lexington Loves Mountains Week (Lexington Loves Mountains started in 2008).

Beginning on Thursday Feb. 9, the chapter organized events around the city that would raise awareness about the effects of mountaintop removal coal mining and KFTC’s work to transition Appalachia to a cleaner, safer and better energy economy.

Events included a screening and discussion of the film Dirty Business at the studio of local Lexington artist and KFTC member John Lackey, two music showcases at Al’s Bar, a legislative letter-writing party along with authors reading at the Morris Bookshop, and a muffin-top removal demonstration at the Lexington Rescue Mission’s Bazaar.

On Monday Feb. 13, three local Lexington businesses – Stella’s Kentucky Deli, Third Street Stuff Coffee and Al’s Bar donated a portion of their day’s sales to KFTC calling the day “Dine Out For The Mountains.”

Hundreds of folks participated in the events throughout the week, many of whom joined KFTC. What’s next for the chapter?

With this being such a big election year, the chapter plans to focus on building a strong voter empowerment work plan.

There have already been two voter registration drives, with two more planned prior to the registration deadline in April.

Additionally, chapter members will focus a great deal of their voter registration efforts in communities that are often overlooked.

If you’re interested in participating in voter registration, contact Ondine Quinn at ondine@ kftc.org or 859-276-0563. You learn more about the chapter at www. kftc.org/cky.

Page 10

balancing the scales, March 15, 2012

Local Updates

Hazard Diversity Club helps focus local and regional fairness

Lots of well-publicized energy has been put into fairness organizing and strategizing in central and eastern Kentucky communities over the last nine months.

Bereans for Fairness had an exponentially growing wave of organizing efforts in support of a city fairness and human rights ordinance, including several events such as city council meetings and rallies that showed strong local and statewide support.

The increase the public outcry for statewide fairness ratcheted up last summer, after two men were ejected from the Hazard Pavilion pool for an alleged public display of affection.

The city of Hazard issued an apology after dozens of people from around the region and the state rallied against the inappropriate action used towards the two individuals.

While the media excitement around these events lasted a short time, Kentuckians from Berea to Whitesburg continue to build momentum toward their long-term, community visions of fairness and equality in Kentucky and

beyond.

More than a dozen people from Perry and surrounding counties met at Hazard Community and Technical College (HCTC) over several months following the summer’s events, forming what Perry County member Ivy Brashear called “a group dedicated to the discussion and implementation of making equality in the mountains extend to all people.”

Brashear also said the group, “hopes to document anecdotal evidence that shows the need for fairness ordinances to be established throughout the region, create a local support network for LGBT folks and their allies, identify local resources for LGBT folks and their allies, and identify business, community, spiritual and educational leaders with which our group may be able to partner.”

Jenny Williams, a professor at HCTC, has joined with students to form the new HCTC Diversity Club “for LBGTQ students and the people who love them,” according to Williams.

The Diversity Club has hosted well-attended meetings and events on

STAY

Stay Together Appalachia Youth

STAY is having its 2012 LGTBQ gathering in Berea, April 13-15. The STAY Project (Stay Together Appalachian Youth) is a diverse regional network of young people throughout Central Appalachia who are working together to advocate for and actively participate in their home mountain communities.

Contact stayproject@gmail.com, 606-633-0108, or find them on Facebook to register, learn more and support this work.

Members of the Hazard Community & Technical College Diversity Club hosted an event on campus grilling up tasty pizzas and planning for the statewide fairness lobby day that was held on February 22. campus over the fall and winter, and continues to host student activities in support of fairness.

In early February, the Diversity Club grilled pizza in a student lounge on campus and fed more than 40 people homemade, grilled fresh pizzas with a variety of gourmet toppings.

The purpose of the pizza party was to reach out to other students and plan for the Statewide Fairness Rally and Lobby Day, which was hosted by the Fairness Campaign, and held in Frankfort on February 22.

KFTC members and allies from around the state, along with several from HCTC and eastern Kentucky, attended the lobby day and rally in support of a statewide Anti-Discrimination Fairness bill, introduced in both the Senate (SB 69) and the House (HB 188), as well as an Anti-Bulling bill (HB 336).

Premiering in Berea on the night of the Fairness lobby day was Appalachian author Silas House’s new play, “This Is My Heart For You.” Ethan Hamblin, a Berea student from Perry County who also helped to form East Kentucky Fairness, was excited to learn that, “the play is based on the Hazard Pavilion incident. This play is about equal love and human rights.

It will focus on a group based on East Kentucky Fairness!”

“Last summer there were several incidents about equality — alleged hate

crimes and discrimination — in the area, and the theme just presented itself,” said House.

The breadth of fairness organizing in east Kentucky has included meetings, plays, rallies, and now even a statewide fairness commercial.

The Fairness Coalition traveled to eastern Kentucky to include the faces and voices of several members from Perry and Letcher counties in the commercial. These included Jenny Williams, Heather Bates and Josephine Richardson, as well as others in the region.

Fairness organizing in east Kentucky shows no signs of slowing down.

The synergy of various organizations working together for statewide fairness has helped get new community members involved at various levels.

The next upcoming regional event is The Stay Together Appalachian Youth (STAY) Project 2012 LGTBQ gathering in Berea, April 13-15. The STAY Project is a diverse regional network of young people throughout Central Appalachia who are working together to advocate for and actively participate in their home mountain communities. Contact stayproject@gmail.com, 606-633-0108, or find them on Facebook to register, learn more and support the work.

East Kentucky Fairness is accessible through Facebook or by email at eastkyfairness@gmail.com and P.O. Box 18, Mayking, KY 41837.

balancing the scales, March 15, 2012

Page 11

Local Updates

Wilson Creek residents use setback as opportunity to work closer with the state Energy and Environment Cabinet

Wilson Creek residents are looking to state officials to find new ways to protect their land, water, health and community after a Kentucky Court of Appeals panel struck down restrictions on any strip mining that would take place there.

In a ruling issued February 17, the panel voided a state regulation that the Kentucky Energy and Environment Cabinet relied on to issue those protections. The judges remanded the case back to the cabinet.

Wilson Creek resident Bev May said the ruling was disappointing because the protections the community were counting on are now put on hold while residents and the cabinet review their next steps.

“We’re going back and ask the cabinet to keep its commitment to protect our community,” said May. “We are determined as ever that we’re not going to be abused. We still have our rights under the broad form deed amendment and still have our promise from the county judge to not let them use Wilson Creek as a haul road.”

The effort dates back to 2006 when Wilson Creek residents learned that Miller Brothers coal company was trying to buy leases so that it could strip mine along both sides of the watershed simultaneously, and use the community’s only access road as its haul road.

Residents organized, and among the actions taken was to file a petition with the environmental cabinet to have the Wilson Creek watershed declared “unsuitable for surface mining.”

In an early 2009 decision, the cabinet did not grant that petition, but did say that any mining of the area had to meet certain restrictions. Those restrictions were: • the coal company could not haul coal on the one-lane Wilson Creek road.

• that any mined land needed to be returned to its approximate original contour, and • the land needed to be reforested to prevent flooding.

Even though these were reasonable conditions and reflected existing law,

Lobby in Washington D.C. with KFTC and the Alliance for Appalachia

Wilson Creek resident Bev May and author Silas House in 2008 at a public hearing concerning the Lands Unsuitable for Mining Petition for Wilson Creek.

Miller Brothers filed a lawsuit, arguing on one hand the state only has the authority to rule either in favor or against a Lands Unsuitable petition, and on the other hand there was not enough evidence to support the need for the added restrictions to mining in Wilson Creek.

Miller Brothers and its successors (Laurel Mountain Resources, part of James River Coal) appealed that decision, first with the cabinet and then to Franklin Circuit Court. Both upheld the protections.

In reversing those rulings, the Court of Appeals did not address the validity of the protections themselves, but the process by which the cabinet issued them. They ruled that federal law allows a Lands Unsuitable petition to be either granted or denied, and for restrictions to be applied only if the petition is granted.

Granting restrictions on future mining without an unsuitability determination goes beyond the authority of federal law, and the Kentucky General Assembly has forbidden state law from being more stringent than federal law.

Therefore, the regulation the cabinet followed is “null, void and unenforceable,” the appeals court panel concluded.

“The procedural flaw was in not

first declaring the watershed unsuitable for certain types of mining before issuing the restrictions,” May explained.

There are legal options available for Wilson Creek residents and the cabinet. But, as May pointed out, the community still has a pledge from the Floyd County judge-executive to not grant a waiver for Wilson Creek to be used as a coal-haul road. And under the 1988 broad form deed amendment to the Kentucky constitution, landowners can refuse to allow strip mining on their property.

Some, if not all, of the protections the cabinet intended to use on future mining may still be applied for any individual permit that James River Coal may seek.

“The cabinet listened to the concerns of residents and took those concerns seriously enough to provide some modest protections for the community.

They had the right intention but the process was flawed. Now they have an opportunity to go back and fix that problem, and we’re counting on them to do that.”

Wilson Creek residents and the Floyd County KFTC Chapter are represented in this case by the Appalachian Citizens Law Center.

Use your citizen lobbying skills on the federal level with the Alliance for Appalachia’s trips to Washington, D.C.

Apply to represent KFTC during the annual Week-in-Washington or join a smaller group for one of three “D.C. Days.”

During these trips to the nation’s capital you will be visiting with congressmen and women and their staffs, as well agencies such as the Environmental Protection Agency, the Office of Surface Mining Reclamation and Enforcement and others about issues related to the mining and burning of coal.

If you are selected to represent KFTC both your travel and room will be covered by the Alliance for Appalachia and you will receive a stipend for food and expenses.

Travel to Washington D.C. will likely be on a Mega Bus that originates in Knoxville.

The Week-in-Washington is: Saturday, June 2 – Thursday, June 7 (Sat. and Thurs. are travel days) (Please apply by April 6th) “D.C. Days” trips are: Week of April 16th Week of July 23rd Week of September 24th We will usually leave on Monday and return on Thursday.

To apply to represent KFTC on any of these trips please submit your name at least one month before the trip to Kevin Pentz by email at kevin@kftc.org or at 606-335-0764.

Include the dates you wish to attend, list any previous federal lobbying events you have attended, and where you live. If necessary, final decisions will be made by KFTC’s Leadership Development Committee.

Page 12

balancing the scales, March 15, 2012

Local Updates

Tar sands oil is a filthy fuel, Louisville members learn Jefferson County chapter members learned about tar sands extraction – and why extracting oil from them is a really bad idea – during a presentation from Melina Laboucan-Massimo at their February chapter meeting. “[Tar sands extraction] uses more water, more energy and produces more toxic waste than other forms of energy,” Laboucan-Massimo revealed.

That includes 1.5 barrels of toxic byproduct and 3-5 barrels of water for each one barrel of oil produced.

Laboucan-Massimo is from the Cree First Nation in northern Alberta, Canada and was in Kentucky as a featured speaker at the I Love Mountains rally. She is a leader in the U.S. and Canada against tar sands extraction, including the controversial Keystone XL pipeline.

Tars sands are a sandy or clay substance saturated with a particular type of petroleum. The oil cannot be pumped out of the tar sands deposits like typical crude oil, so the sands must be mined through strip mining or big open-pit mines. The sand is heated to allow the oil to flow, which is

then processed and refined. For deeper deposits, the industry is using “in situ” mining. This involves pumping high temperature steam into the ground to allow the oil to flow.

There are large deposits of tar sands in Canada. The rush to extract the oil is driven by the appetite for energy in the United States, and much of it would get here through the proposed Keystone pipeline.

“We’re seeing massive mines that cover a whole landscape,” LaboucanMassimo described. If allowed to continue, tar sands extraction will destroy 141,000 square kilometers – about the size of Florida.

National Geographic magazine reported in a March 2009 article about the Canadian oil sands, that “Nowhere on Earth is more earth being moved these days than in the Athabasca Valley [northern Alberta].”

Laboucan-Massimo said pictures and stories of mountaintop removal are similar to what she and her family have experienced from the tar sands industry. Those impacts include poisoned and lost water, increases in can-

Sam Avery and Margaret Stewart, who participated in White House actions against the Keystone pipeline last year, chat with Melina Laboucan-Massimo (left) at the Jefferson County chapter meeting. cer and a variety of health problems, and the myth that the industry will bring prosperity to a region.

“Billions of dollars have been taken out of the region and still my family has no running water,” she said.

A number of KFTC members have been active in efforts to stop the Keystone XL pipeline, including action at the White House last year.

“I see great hope that so many of

us are standing together to create a more just world,” said Mark Steiner in his introduction of Laboucan-Massimo. “This is a good sign for our species and a good sign for the future of life.”

He thanked Laboucan-Massimo for coming to join Kentuckians in standing up against mountaintop removal. “We stand in solidarity with you and the people of the Cree First Nation.”

SATURDAY, APRIL 14 9:30 a.m. - 4:00 p.m.

Jenny Wiley State Park Prestonsburg, Kentucky Join us for a day of workshops by local experts about ways to save and earn money through small-scale farming, forestry, and energy solutions!

Floyd County member Rick Handshoe led a Footprints For Peace delegation on a Mountain Witness Tour behind his home in Hueysville before they began their Walk for a Sustainable Future from Prestonsburg to Frankfort, ending at I Love Mountains Day.

ROWING PPALACHIA

All are welcome!

There is no cost for the conference.

Pre-registation is appreciated: Register online at www.kftc.org/growing or call 606-878-2161

balancing the scales, March 15, 2012

Page 13

Canary Project Update Valley fills excluded but in-stream ponds may be allowed

Army Corps of Engineers to issue new Nationwide Permit

The Nationwide Permit proposed by the U.S. Army Corps of Engineers is scheduled to take effect March 19.

This new Nationwide Permit reinstates Section 21 related to surface coal mining, but it is much different than the Nationwide Permit that was used last in the 2007.

Section 21 under the new Nationwide Permit specifically does not allow for valley fills or hollow fills to be placed in streams. This is a victory for KFTC members who fought for years against the misuse of this process.

Valley fills destroy watersheds

Up until this year, Section 21 has allowed coal companies to get permits to dump the toxic waste from their mining operations into streams by creating what are called “valley fills” or “hollow fills.”

Valley fills not only bury streams, they also destroy all the vegetation from the watershed area and create a source of toxic runoff.

The watershed is the area on the mountain where when it rains; the rain hits the trees and other plants and then drains down toward the valley and into

the stream.

A few things can happen when coal companies remove all the vegetation from the top and sides of the mountain – the water can run off the mountain very fast, creating the potential for flash floods. And it does not have time to soak into the ground and recharge the underground aquifers, creating another long-term problem.

From a water pollution perspective, the problem with valley fills is what has been called the “coffee bean effect.”

If you pour water over whole coffee beans the water will not absorb the coffee and you will just have water on the other end. But if you pour water over ground up coffee beans then the water absorbs the coffee because the ground up coffee beans have much more disturbed surface area from which the water can absorb the flavor of the beans.

The same is true of valley fills and water. When it rains on undisturbed land the water is flowing over rocks and dirt that is held together with vegetation so it does not collect any heavy metals or salts as it drains toward the stream.

However, when you pulverize the different rock layers and remove the vegetation and dump the dirt and pul-

Valley fills destroy vegetation and create flooding and water pollution problems for downstream communities.

verized rock into the valleys then the rain water soaks into the valley fills and collects all the heavy metals and salts from the pulverized rock and carries these often toxic chemicals down into the stream.

One of the ways to measure how much metals and salts are seeping into the streams is by measuring the conductivity of the stream. The higher the conductivity, the more metals and salts are in the stream.

Renewal process

The Nationwide Permit is designed to allow for more expedited permit approval for a variety of operations that will have minimal impact on the waters of the United States. Every five years the Corps evaluates and renews the permit.

Though the last Nationwide Permit, issued in 2007 allowed coal companies to permit valley fills, in 2009, after a series of public hearing throughout central Appalachia, the Corps suspended the use of Section 21 for surface coal mining.

Many KFTC members will remember attending the lively and at times raucous public hearing in Pikeville at the Expo Center.

When the Corps suspended the use of Section 21 officials also said they would consider reinstating this section when the next Nationwide Permit was issued in 2012.

After reviewing the public comments from the hearings and from written comments, the Corps decided continue to include Section 21 for surface coal mining, but have made several changes.

“I think this shows that the Army Corps heard us during those hearings.

And who knows, maybe in another five years we can gain a little more ground” said Stanley Sturgill a retired deep miner and KFTC member who attended both the hearings in Pikeville and Big Stone Gap, Virginia.

Under Section 21 (a) of the New Nationwide Permit, any permit that was previously issued under the 2007 Nationwide Permit, and where the coal company has begun construction, the coal company will be given one addi(continued on next page)

Ephemeral stream = High mountain stream that runs primarily when it rains.

Intermittent stream = In general is a stream that runs less than six months out of a year.

Perennial Stream = In general is a stream that runs more than six months out of a year.

Mary Love

“I was the first person to testify in opposition to the Army Corps issuing Valley fills under the Nationwide Permit at the [2009] public hearing the Corps held in Pikeville on NWP section 21. The first speakers were politicians who spoke in favor of renewing the permit to its original status. I was the first to speak, but there were close to 100 other folks who were there to support doing away with that section of the permit entirely.

During the entire comment period, the Corps received over 26,000 spoken and written comments supporting the permanent suspension of the permit, yet they decided to renew it anyway.

When representatives from the Alliance for Appalachia meet with the Corps March 13 in Washington, DC, we’ll be asking them why they chose to discount those 26,000+ comments.“

Page 14

balancing the scales, March 15, 2012

Canary Project Update

New updated NWP-21; No valley fills or hollow fills

(continued from previous page) tional year to complete their project.

This means the company will have until March 19, 2013 to complete its operation. If the company does not believe they will be able to complete their construction by March 19, 2013, then the coal company may apply to have their permit re-verified under the new 2012 Nationwide Permit, Section 21 (a).

In order for a permit to be re-verified under Section 21 (a) the operation may not add any additional impacts to streams beyond what was included in the original permit.

All new and pending applications will be reviewed under the new Nationwide Permit, Section 21 (b).

This section does not allow for the construction of any valley fills or hollow fills in the waters of the United States.

This section does however, allow for the construction of sediment ponds used to

Canary Briefs The fate of the Keystone XL pipeline

U.S. Reps. Brett Guthrie, Ed Whitfield, Hal Rogers and Geoff Davis helped the U.S. House pass a bill that supports more “oil shale development, drilling in the Arctic National Wildlife Refuge, more offshore drilling, and to force approval of the Keystone XL pipeline,” Guthrie wrote on his Facebook page.

The four voted for H.R. 3408 while Reps. Ben Chandler and John Yarmuth voted against it. It passed 237-187 on February 16.

The House rejected a series of amendments designed to make the Keystone XL pipeline more palatable, including that the fuels made from this tar sands oil remain in the U.S., that the project be subject to pipeline safety rules and that the use of eminent domain be limited for the construction of the pipeline.

Keystone pipeline builder TransCanada has threatened the use of eminent domain against a number of rural landowners. That has prompted some Tea Party opposition to the project.

control surface water runoff from strip mines.

The impacts from these sediment ponds will be limited to a total of half an acre. And coal companies will only be allowed to impact a total of 300 linear feet of perennial, intermittent or ephemeral stream.

However, it will be up to the discretion of the regional Corps office to allow for coal companies to receive a waiver to impact more than 300 linear feet of intermittent or ephemeral stream.

This waiver will not include perennial streams and the total stream impact will still have to be less that half of an acre.

Sturgill is trying to look on the bright side. “I guess we’re lucky they are not allowing valley fill or hollow fills. If I had my way they wouldn’t be strip mining at all and we wouldn’t need section 21 of the Nationwide Permit. But I don’t always get my way and I think we’ve done pretty well by getting rid of NWP 21 valley fills.”

Coal companies will still be allowed to apply for valley fill permits under the Individual 404 Permit, but they will no longer be allowed to apply for a valley fill permit under the Nationwide Permit.

When a coal company applies for permit, the Corps will inspect the site to make sure the coal company has accurately identified the points where a stream

transitions from an ephemeral stream to an intermittent stream, and from an intermittent stream to a perennial stream.

When trying to identify the classification of the different segments of a stream the Corps takes several factors into consideration, including biological information of what is living in the stream, the presence of groundwater, and the overall flow of the surface water.

“I hope the good people at the Army Corps take their jobs seriously when classifying these streams. Their work has a direct impact on our health in this region,” said Sturgill.

Mary Love, the co-chair of KFTC’s Land Reform Committee and sits on the Alliance for Appalachia Enforcement Team, thinks it’s important for the Corps to remember “the people of Appalachia and all those who live downstream of our waters deserve clean and healthy water to drink. We will continue to watch how the Corps carries out its responsibility to protect our water.”

Two KFTC members, along with allies from the Alliance for Appalachia, attended a meeting with the Corps of Engineers in Washington D.C. on March 13.

They expressed some concerns with the new Nationwide Permit, Section 21, and also expressed appreciation for not allowing valley fill and hollow fill projects to be covered by the new Nationwide Permit.

This once vibrant mountain stream in Island Creek (Pike County) was reduced to a rock-lined, lifeless channel under the old NWP 21 permitting process.

Canary Briefs New health impacts web tool

The iLoveMountains.org team has launched an innovative new web tool to illustrate the overwhelming amount of data that shows the high human cost of coal mining.

See it at: www.iLoveMountains. org/the-human-cost “The Human Cost of Coal” page maps national data including poverty rates from the 2010 U.S. Census, birth defect rates from the Center for Disease Control, the Gallup-Healthways Well-Being Index, and life expectancy and population numbers from the Institute for Health Metrics and Evaluation. The site also includes summaries for 21 peer-reviewed studies that show human health problems such as heart, respiratory and kidney diseases, cancer, low birth weight and serious birth defects are significantly higher in communities near mountaintop removal mine sites.

Rand Paul renews attack on clean water

U.S. Senator Rand Paul has filed legislation that would remove many protections for Kentucky’s waterways, particularly those in eastern Kentucky.

S. 2122 “drastically limits the scope of the Clean Water Act,” wrote Stacey Detwiler for American Rivers. “Ignoring science and even the status quo, the bill leaves the majority of stream miles in the U.S. unprotected.

“S. 2122 would prevent administrative efforts to restore protections to small streams and wetlands.

It forces the EPA and the Army Corps of Engineers to get specific permission from states before doing anything to control pollution or protect land and water resources.”

Paul takes particular aim at eastern Kentuckians by excluding ephemeral or intermittent streams from federal jurisdiction. That would effectively eliminate any efforts to stop valley fills and the dumping of toxic mining wastes into streams.

balancing the scales, March 15, 2012

Page 15

Canary Project Update I Love Mountains Day 2012

On a cold rainy day, 1200 handmade pinwheels shined with hope

As KFTC members do each February, they brought some love for the mountains to Frankfort on Valentine’s Day – along with 1,200 homemade pinwheels in a rainbow of colors.

The pinwheels represented the 60,000 additional cases of cancer that studies have linked to mountaintop removal coal mining. The pinwheels also symbolized the hope of clean energy alternatives.

Cody Montgomery of Letcher County told the 1,200 people gathered on the capitol steps for I Love Mountains Day why it’s important to end mountaintop removal and begin an economic transition in Appalachia.

“I want my grandchildren to have a life in the foothills. But if the next 30 years are like the last 30, that’s not going to be possible.”

Montgomery and other speakers called out state and federal officials for failing to protect the future of mountain communities, where studies have linked higher rates of cancer, birth defects and other health impacts to mountaintop removal mining. They also lifted up the potential of new jobs in clean energy, sustainable agriculture and forestry to replace disappearing coal jobs.

“I have witnessed with my own sweat the abundance that can be grown on less than a half acre of land. I’ve walked the ridges and hollers and held the potential of these hills in my own hands,” Montgomery said. “How so many behind these walls fail to see the same is a tragedy.”

Doing nothing is not an option, he said. “We can’t sacrifice another stream or acre of forest. We can’t keep killing ourselves to make a living.”

Ada Smith of Whitesburg urged Governor Steve Beshear, Congressman Hal Rogers and U.S. Senator Mitch McConnell to “stop catering to the industry and open your eyes, ears and offices to the people.”

Speakers also drew connections between communities around the world that are exploited by extractive fossil fuel industries. Melina Laboucan-Massimo of the Lubicon Cree First Nation in northern Alberta, Canada, described the impacts of 30 years of tar sands extraction on her community, including polluted air and water and higher rates of emphysema, asthma and cancers.

“It is encouraging to be here today, to feel like you are standing with me as I am standing with you,” she said.

They also pointed out the tremendous jobs potential – tens of thousands of Kentucky jobs –that would be realized with the passage of legislation that would put Kentucky on a path toward renewable energy and energy efficiency.

After the rally, participants marched around the capitol and to the governor’s mansion, where they planted pinwheels on the governor’s lawn and in a “mountain” that symbolized the mountains of Eastern Kentucky.

Ada Smith Speaks Truth to Power Good morning everyone.

It is a pleasure to be here with you this chilly Valentines Day. My name is Ada Smith and I’m from Whitesburg in Letcher County, Kentucky. This is my first time at I Love Mountains Day. Most of you know I believe in abolishing mountaintop removal, that speakers like Ivy Brashear, Wendell Berry, Beverly May, and Teri Blanton are my heroes, and that I have faith in my fellow Kentuckians to stand up for the injustice occurring in the coalfields and tarsands of our world.

However, I am still hesitant to believe that the politicians that are paid to represent my interests and those of my community are willing to do their job.

Even though the water that flows by this capitol begins in my county, the electricity used in the offices comes from our mountains, and the hospitals and universities in the “golden triangle” are filled with folks from eastern Kentucky, it often seems like our political officials don’t see a reason to invest in us hillbillies. ...

In the past year studies have stated that people living near mountaintop mining have cancer rates of 14.4% compared to 9.4% for people elsewhere in Appalachia; that the rate of children born with birth defects is 42% higher in mountaintop removal mining areas; and that the public health costs of pollution from coal operations in Appalachia amount to a staggering $75 billion a year.

These numbers are often terrifying and shocking to many but those of us

that live in the coalfields understand them as a part of our daily lives.

In 2001, over a decade ago, young filmmakers as a part of Appalshop’s Appalachian Media Institute made a video about Eiola, Kentucky. In Eiola, along a mile long stream, 22 people died of cancer among 15 houses. Let me repeat that, 22 people died of cancer within a mile. Many of the residents personally knew over 50 people who had died with or were currently living with cancer. Over ten years since this short video was made, Eiola reality is not rare in the coalfields.

That’s one reason why so many of us are carrying pinwheels today – and why we will deliver all 1,200 pinwheels to Governor Beshear at the end of this event. Each pinwheel represents 50 people who today suffer from cancer in central Appalachian mining communities. Together they symbolize the 60,000 additional cancer cases that can’t be explained by any other factor except how close we live to mountaintop removal strip-mining.

And of course these pinwheels also represent our collective hope for a cleaner, healthier future.

Gov. Beshear, because 14 Kentuckians had a sleepover in your office this time last year you finally traveled to see the destruction mountaintop removal has caused in the southeastern corner of Kentucky. Now there are over 1,000 Kentuckians here asking you, Rogers, and McConnell to stop catering to the industry and open your eyes, ears, and offices to the people.

We are asking for what we deserve.

If you will not recognize us as fellow human beings worthy of your time, then please recognize the lives our communities are sacrificing for the rest of this state and give their families some relief.

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balancing the scales, March 15, 2012

Canary Project Update I Love Mountains Day 2012

Arriving by the busloads, members pack a bus and head to capitol

On February 14, nearly a dozen of KFTC members (along with a 32-gallon tub of approximately 300 handmade paper pinwheels) hopped on a bus at the Whitesburg Food City, the first of a few east Kentucky stops, and headed out into the rainy dawn towards Frankfort.

The next stop was in Hazard, where several long-time KFTC leaders climbed aboard as well a whole vanload of high school students from Cordia School in Knott County.

With the growing energy of the sunrise and the addition of several teenagers, the bus started buzzing with everything from free style raps to speech practices.

Lots of folks were meeting one another for the first time, learning of shared birthdays, family lines, and hobbies. Others caught up with long-time friends they hadn’t seen in months.

The last stop prior to pulling into Frankfort was in London. Here the last batch of riders joined the group, putting the total head count to 30 (up a hand full from last year)!

These final folks were two students and three professors from Union College in Barbourville.

The east Kentucky busload rolled into Frankfort energized and ready for a fun, motivating, and a little wet I Love Mountains Day. Getting off that bus at the steps of the capitol were 30 folks from Harlan,

A chartered bus picked up members from various locations all across eastern Kentucky. The bus ride has become an annual event that members enjoyed by members. Sharing stories and music on the bus ride to Frankfort, many members have used to opportunity to learn more about a specific KFTC legislative issue or to just relax and catch up with friends.

Letcher, Knott, Perry, Knox, Whitley and Laurel counties.

They were teachers and professors, students of many ages, radio programmers, farmers, artists, grandparents, musicians, organizers, and retirees from local mines, hospitals and government agencies.

Members were equipped with musical instruments, homemade signs and

Various school, social and religious groups attended I Love Mountains Day. This year was highlighted by the large number youth at the rally from school and church groups.

300 paper pinwheels in every color one can image, made by hands ages 5 to 75 from many of those same counties.

Three of the rally speakers hitched a ride on the east Kentucky bus, along with seven Knott County teenagers (their first time in Frankfort or at any kind of rally) who helped pass the basket through the crowd for donations, started chants and marched with a

‘Kentucky Deserves Better’ banner.

The east Kentucky bus was so popular, it gained a rider coming back (Russell Oliver, who had walked to Frankfort from Prestonsburg as apart of FootPrints For Peace), as well as some pinwheel mugs, audio and pictures of the rally, information about the tar sands, and close to a dozen prospective new members.

balancing the scales, March 15, 2012

Page 17

Canary Project Update

The health impacts of mountaintop removal coal mining

The focus this year of I Love Mountains Day was on the health of our mountain communities and how it is negatively impacted by mountaintop removal coal mining. Members made more than 1,200 to represent the 60,000 individual cases of cancer that have been linked to mountaintop removal.

Volumes of scientific evidence and data illustrate the harm to human health from exposure to dust and numerous toxins released to the air and water by surface mining. In the last two years alone, peer-reviewed studies by Dr. Michael Hendryx and others have demonstrated that: • people living near mountaintop mining have cancer rates of 14.4% compared to 9.4% for people elsewhere in Appalachia;

• the rate of children born with birth defects is 42% higher in mountaintop removal mining areas; • the public health costs of pollution from coal operations in Appalachia amount to a staggering $75 billion a year.

These findings are consistent with an earlier account of health impacts related to mountaintop mining “Mountaintop Mining Consequences” published in the journal Science in January 2010. According to that study: [G]roundwater samples from domestic supply wells have higher levels of mine-derived chemical constituents

than well water from unmined areas.

Human health impacts may come from contact with streams or exposure to airborne toxins and dust. State advisories are in effect for excessive human consumption of [Selenium] in fish from MTM/VF affected waters.

Elevated levels of airborne, hazardous dust have been documented around surface mining operations. Adult hospitalizations for chronic pulmonary disorders and hypertension are elevated as a function of county-level coal production, as are rates of mortality; lung cancer; and chronic heart, lung, and kidney disease. Health problems are for women and men, so effects are not simply a result of direct occupational exposure of predominantly male coal miners.

BEVERLY MAY – Floyd County. “Sometimes [my water] runs visibly colored from the tap and leaves a bright orange ring on the tub. This usually happens when the creeks nearby which drain from valley fills, run orange with iron and aluminum hydroxides which line the creek with sludge and smother any living thing in it. But my water doesn’t come from a well, it is treated public water from a plant at the mouth of Beaver Creek, an area of Floyd County that has seen extensive surface mining for over 50 years. And everyone else, the thousands of people who live on Beaver Creek, drink, cook, bath and water their gardens in the same water.” Statement to the U.S. EPA. August 18, 2011.

Over the past two years, nearly 20 peer-reviewed scientific studies have been published documenting the impact of coal production, including large-scale surface mining, in Central Appalachia on human health. The information below contains highlights from just three of these studies.

Increased Birth Defects A May 2011 study in the journal Environmental Research found a significant elevation in most types of birth defects among babies born to mothers who lived in a county with mountaintop mining during pregnancy, compared with other counties in Appalachia. The study looked at two periods of time, 1996-1999 and 2000-2003, and showed that the overall rate of birth defects was 13% higher in the earlier period, and increased to 42% higher in the later period. The report concludes that disparities in birth defects have become more pronounced as mountaintop mining has expanded.

“This study shows that places where the environment – the earth, air and water – has undergone the greatest disturbance from mining are also

the places where birth defect rates are the highest,” said Dr. Ahern. “This is evidence that mountaintop mining practices may cause health impacts on people living in those areas, before they are even born.”

additional 60,000 cases of cancer linked to strip-mining practice.

“This significantly higher risk was found after control for age, sex, smoking, occupational exposure and family cancer history. The study adds to the growing evidence that mountaintop mining environments are harmful to human health,” said the study’s author, Dr. Michael Hendryx.

Increased Cancer Rates A July 2011 study went door to door in West Virginia and found cancer rates significantly higher in a community exposed to mountaintop removal mining compared to a non-mining community.

The cancer rate in a central Appalachian county without mountaintop removal mining was 9.4%, compared to a rate of 14.4% in a county with mountaintop removal. Among the 1.2 million American citizens living in mountaintop removal mining counties in central Appalachia, this 5% difference would translate to an

High Monetary Costs A February 2011 study by Dr. Paul Epstein details the economic, health and environmental costs associated with each stage in the life cycle of coal. In terms of human health, the report estimates $74.6 billion a year in public health burdens in Appalachian communities, with a majority of the impact resulting from increased healthcare costs, injury and death.

The yearly and cumulative costs from the mining, processing, transport, and

Selected List of Recent Health & Cost Studies • “Self-Reported Cancer Rates in Two Rural Areas of West Virginia with and without Mountaintop Coal Mining.” Journal of Community Health. July 2011. Michael Hendryx, et al.

• “Health-Related Quality of Life Among Central Appalachian Residents in Mountaintop Mining Counties.” American Journal of Public Health. May 2011. Keith J. Zullig and Michael Hendryx.

• “The Association between Mountaintop Mining and Birth Defects among Live Births in Central Appalachia, 1996–2003.” Environmental Research. May 2011.

Melissa M. Ahern, et al.

• “Full Cost Accounting for the Life Cycle of Coal.” Annals of the New York Academy of Science. February 2011. Paul R. Epstein, et al.

• “Chronic Cardiovascular Disease Mortality in Mountaintop Mining Areas of Central Appalachian States.” The Journal of Rural Health. 2011. Laura Esch and Michael Hendryx.

• “Ecological Integrity of Streams Related to Human Cancer.” EcoHealth. April 2010. Timothy P. Hitt and Michael Hendryx.

• “Mountaintop Mining Consequences.” Science. January 2010.

Margaret Palmer, et al. combustion of coal affect individuals, families, communities, ecological integrity, and the global climate.

Dr. Epstein says: “The public is unfairly paying for the impacts of coal use. Accounting for these ‘hidden costs’ doubles to triples the price of electricity from coal per kWh, making wind, solar, and other renewable[s] very economically competitive. Policymakers need to evaluate current energy options with these types of impacts in mind.”

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balancing the scales, March 15, 2012

Economic Justice Update

Members find stark contrast in the Kentucky that they want to see, and the Kentucky that the legislators will fund

Kentucky’s two-year budget is being hashed out in the legislature throughout March, and it’s not likely to include additional sources of revenue — including the governor’s initiative to legalize gambling.

This is bad news for Kentuckians.

Below are a collection of statements from KFTC members in reaction to the “slashand-burn” budget that passed the House and was before the Senate at press time.

This budget will make the tenth round of budget cuts since Governor Steve Beshear took office in 2008.

The House starting point was the budget proposed by the governor. Under this proposal, most state agencies will face 8.4 percent budget cuts, on top of 25 percent - 30 percent cuts since 2008.

The real impacts of these budget cuts is in sharp contrast to the kind of commonwealth that Kentuckians want, and have worked for.

Carl Shoupe is a retired coal miner from Benham. “I’m a disabled coal miner myself and I want to see underground miners protected. Mine safety is the most important part of the coal industry, but these greedy coal companies are mining coal for Wall Street. They will not be concerned about safety issues if someone isn’t there looking over their shoulders.

Min ers and forme r m i n e r s like myself who have sons, daughters, nephews and friends working underground are so aware of the importance safety plays in monitoring the activities company’s demand of miners.

The budget cut for mine safety is unconscionable. Our politicians need to raise revenue for coal mine safety — this isn’t too much to ask for a major industry of Kentucky.

Toward the other side of the state, Jefferson County member Carter Wright sees the decline of his local library – another area impacted by proposed budget cuts – as evidence that Kentucky’s leaders need to prioritize revenue reforms.

“My family is at our library at least once a week to keep current on our reading and to introduce our 3-year-old and

our 8-month-old to the world of books. Before the recession it seemed like my local library always had a shelf full of new books on display. Now I only see

a handful.”

Wright also pointed out the importance of libraries to help people impacted by the recession. “Libraries are a crucial way for people hardest hit by this crisis to get affordable access to information.

Most job postings are online now. For people who can’t afford home Internet, the library is the best way to apply for jobs. Cutting back on services and hours makes it even harder for Kentuckians to get back on their feet.”

The budget also cuts funding for higher education by another 6.4 percent, a cut that would precipitate another tuition hike in Kentucky’s public colleges and universities.

Students at the University of Kentucky KFTC group have already started to organize against these cuts, and for revenue reform.

Jared Flanery is one of these students.

Flanery has helped other students learn about the connection between taxes and tuition, and has helped students speak out by coordinating letter-writing events and lobbying trainings and trips to Frankfort.

Flanery says, “I want to be able to attend a university that can compete within a tough higher education market. But if Governor Beshear’s “inadequate” budget passes, next year UK will lose $3.1 million in state financing. I know that losing this money will mean a significant loss of quality in my education.”

“In addition, tuition has increased 130 percent in the last 10 years, and the university will be compelled to do so again if nothing is done. There is a solution though. If our state legislators in session can find the courage to pass House Bill 127, we can raise enough revenue to stop tuition hikes and pay for the kind

of educations Kentuckians deserve. As a student at the flagship university of the state, I appeal to our government to pass fair tax reforms, and to take our budget something closer to adequacy.”

Concerns about the quality of education in Kentucky were echoed by Elise Mohon, a member in Taylor County who teaches 5th grade science.

While the proposed budget wouldn’t cut funds from Support Education Excellence in Kentucky (SEEK) – the per pupil funding formula for schools – it would cut everything else, including money for school supplies, textbooks, family resource centers, and after-school programs.

Mohon said, “We live in an itty bitty community, and many families are struggling. But I want to see my kids have the same opportunities that other kids have. They deserve that. I want them to be exposed to culture and the arts, things that will give them experiences that make them excited to learn about the world.

And, I want them to see what’s out there as far as careers go, too. It’s hard to know have a dream if you don’t know what’s out there.”

Mohon also sees the impact that budget cuts have had on what the schools have been able to offer.

“We haven’t had funding for afterschool programs in my area for quite some time, and I haven’t had but a classroom set of textbooks for my science class for a long time. The kids can’t take their books with them to read at home. And we’ve lost most of our vocational classes over the last few years because of budget cuts, and some kids are slipping through the cracks after they leave school. How do we know that they wouldn’t be interested in electrical work or mechanics? They don’t get the opportunity to try them out any more because we’ve had to narrow where we put our resources. There just aren’t enough funds to go around.

“We’ve got to have revenue in Kentucky or we’re going to sink. HB 127 is a start. We need fairness, and with all the information out there, it looks like we

could create a tax system that’s more equitable.

The House budget proposal and the final budget might differ from the governor’s proposal, but revenue reforms are necessary for substantial improvements, and the House didn’t show leadership or vision.”

Come to KFTC’s HB 127 Yard Sale!

Join KFTC at the Capitol on the afternoon of March 26 for a HB 127 Yard Sale. The goal will be to raise the money that HB 127 would be raising if it were passed — around $400 million a year. If the legislators won’t raise it with their votes, maybe they’ll fund mine safety and higher education by buying your old paperbacks and sweat pants. You can find more information and updates at www. kftc.org/yardsale.

What can I do?

The governor has appointed a Blue Ribbon Commission on Tax Reform to study the tax and budget landscape, hear from Kentuckians about what is needed, and make recommendations to the legislature in November. The commission will hold six public town hall forums across the state over the summer – a great opportunity for KFTC members to shape the debate. Below is a list of the scheduled meetings. The locations are still being determined and will be shared in balancing the scales and through KFTC’s action alert system when available.

Tues. May 29, 6 p.m., Paducah Tues. June 19, 6 p.m., Bowling Green Tues. July 10, 6 p.m., Louisville Tues. July 24, 6 p.m., Covington Tues. Aug 7, 6 p.m., Prestonsburg Tues. Aug 21, 6 p.m., Lexington Members and allies are excited to participate in these meetings; there will be tools and resources available to support people who go. If you’re interested, contact Jessica Hays Lucas at 859-276-0563 or jessicabreen@kftc.org.

balancing the scales, March 15, 2012

Page 19

New Energy and Transition Update

Energy audit is the start of saving money for Rick Handshoe

In February, Floyd County KFTC member Rick Handshoe participated in a program which he hopes thousands of other Kentuckians will also benefit from.

Through a creative new program offered by his rural electric cooperative, Handshoe was able to have major energy efficiency improvements made to his home – all without a loan or paying any cash up front.

“It conserves energy, it can produce local jobs and use less energy. It helps the homeowner with improvements to their home,” said Handshoe of the How$martKY program offered by Big Sandy RECC, his local electric cooperative.

Through How$martKY, participants are able to pay for energy upgrades with the savings they produce, right on their

Shelby County members bring democracy to their Energy Cooperative

Members in the Shelby Energy Cooperative have been working diligently to improve their co-op.

In addition to regularly attending co-op board meetings and meeting with board directors, the local Shelby County KFTC group decided at their last meeting to pursue a campaign to pass a “Members’ Bill of Rights” in their co-op.

They want their co-op to make its meetings and records more open and accessible and to improve the member voting process, making the co-op more democratic.

Members will be circulating a sign-on sheet with a goal of gathering 400 signatures in support of the “Members’ Bill of Rights” which they will introduce to the board later this year.

At its March meeting, the Shelby County KFTC group will brainstorm plans for work on the Members Bill of Rights campaign, as well as discuss the process for becoming an official KFTC chapter.

electric bill.

For this reason, How$martKY is called an “on-bill financing” program.

The program is not a personal loan, but is simply a separate line item right on the bill.

Here’s how it works: The co-op sends an energy auditor to a person’s home to perform an energy assessment.

Then, the auditor figures out how much it will cost to make the home more energy efficient and how much those improvements will lower the person’s energy bill.

If the math works out, the co-op then pays for the improvements to the home, and adds a fee to each monthly bill. Even with this fee, participants’ bills are lower, on average, than before the improvements were implemented.

“I couldn’t afford to do the work that needed to be done. Under this program, it doesn’t cost me anything. I’m actually making money, when it averages out over the year,” said Handshoe. “It helps people be able to afford upgrades that they wouldn’t be able to afford any other way.”

After the cost of the improvements is paid back to the co-op, all the additional savings stay in the individual co-op member’s pocket.

Handshoe was present for his energy assessment.

“During the audit, they hooked up a fan in the door which simulates 20 milean-hour winds blowing at every corner

Chris Woolery performs a blower door test on Rick’s Handshoe’s home to check for air leaks throughout the home. of your house. When the fan is pulling, you can feel where it’s letting air into the house,” he said. To find the places for improvement, you “just physically walk around and feel for leaks.”

The auditor ran the numbers after he assessed Handshoe’s house, and told him that he qualified for the program: the energy improvements would lower his bill enough that they would pay for themselves over time.

At this point, the work really began.

“The first time they completely replaced the heating and cooling sys-

KFTC member Tona Barkley helped preside over the fourth meeting of the Clean Energy Collaborative with the rural electric co-ops. She is vice-chair of the collaborative. David Crews of the East Kentucky Power Cooperative (pictured left) is the collaborative’s new chair.

tem. They came a second time, and just caulked around the exterior trim, around the bathtub, around the sink where the pipes come up through the floor. I’m still losing a lot of air around the back door, so they’re going come back to weather strip that,” Handshoe said.

He is already feeling the benefits of the weatherization and his new efficient heat pump. He said, “I can tell in here now that it blows a lot more even heat. I can already tell it’s better. It’s got a better flow.”

KFTC documented Handshoe’s experience with the How$martKY program, and KFTC members will be using his story to talk with other co-op members about the program.

Using a real-life story that people can relate to will help build demand for the program.

Over the years, the goal is that tens of thousands of eastern Kentuckians see improvements and savings from the program, creating good local jobs where they’re most needed and contributing to the transition of the Appalachian economy.

Handshoe sees a future for How$martKY beyond energy efficiency.

“When this program works, I can see possibly other things that it can do, such as helping with solar hot water, solar panels, renewables” he said. “To me, if this works out, this is how people can afford to put in this green energy.”

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balancing the scales, March 15, 2012

New Energy and Transition Update

Clean Energy Lobby Day leads to hearing for HB 167

With an aspiration of a clean energy future for Kentucky under their arms, more than 55 citizen lobbyists came to Frankfort on February 28 to talk with legislators.

In 60 different meetings with lawmakers, participants discussed House Bill 167, the Clean Energy Opportunity Act. Sponsored by Rep. Mary Lou Marzian, the bill would establish benchmarks for increasing the use of renewable energy and energy efficiency in Kentucky over the next ten years.

Additionally, it would also establish

payment rates for renewable energy to encourage new energy industries to locate in Kentucky and create new jobs.

Many surrounding states have already passed such measures, and new jobs in clean energy are going to Ohio and North Carolina instead of Kentucky.

Eastern Kentucky University students John Bowers and Emily Justus lobbied for the first time. Justus, a native of Pike County, said she came to Frankfort to “show our support and learn about the whole process.”

Bowers of Berea said, “I’m very

much for clean energy. I think that’s the wave of the future and the direction we need to go.”

The Clean Energy Opportunity Act is assigned to the House Tourism, Development and Energy Committee.

Kentucky Sustainable Energy Alliance (KySEA) members were excited to learn a couple of weeks later that HB 167 will get a hearing on March 22. They specifically asked many legislators to push for this.

The Clean Energy Lobby Day was hosted by KySEA, a coalition of 52 organizations working to pass clean energy policy that would stem rising energy rates and create thousands of new jobs.

In addition to grassroots organizations like KFTC, a founding member, KySEA includes small businesses, faith communities, housing groups, and even individuals.

Visit www.kysea.org for more information.

Your ideas are important:

Join the Conversation!

KySEA and KFTC members and allies gathered on February 28 to lobby for a clean energy future for Kentucky, educating legislators about the benefits of HB 167, the Clean Energy Opportunity Act.

Concerned citizens and our local electric cooperatives have come together to talk about energy-saving programs and renewable energy. Please join us to give your input.

Refreshments will be served.

April 9, 6-8 p.m.  Carl D. Perkins Community Center  Morehead, KY

For more information go to www.ekpc.coop/publicforum

The above ad will run in the late March edition of Kentucky Living magazine which is sent to more than half a million rural electric co-op members in Kentucky. KFTC members and staff worked with East Kentucky Power Cooperative staff to develop the ad announcing the upcoming public forum, which is part of the Clean Energy Collaborative process.

A public forum will be held once a year to gather input on EKPC’s and the co-ops’ programs and the ideas developed by the collaborative.

KFTC members who are co-op members are highly encouraged to attend the Public Forum and share ideas on energy efficiency and renewable energy: April 9 from 6 to 8 p.m. at the Carl D. Perkins Community Center in Morehead. Contact Sara Pennington for more information or ride-sharing: sara@kftc.org or 606-276-9933.

Happy Hour for the Mountains

Like many KFTC chapters, the Northern Kentucky chapter prepared for I Love Mountains Day by having local events to help people participate who couldn’t travel to Frankfort.

The events were held at two local venues that were pleased to lend their businesses and voices to the cause. The first event was held at The Crazy Fox Saloon in Newport, and the latter event was held at Groove Coffee House in Covington.

In honor of what members called “Happy Hour for the Mountains,” several patrons won free drinks by telling the bartenders that they love mountains. Many took the opportunity to browse KFTC information table to learn more about the destructive practice of mountaintop removal coal mining.

Members mingled with the clients of The Crazy Fox, and discussed what

they can do to help end the mining practice while working to create a new energy economy in eastern Kentucky.

Two days later about a dozen KFTC members went to Groove Coffee House to take advantage of specials for KFTC members, and to make pinwheels to raise awareness about the health impacts that can be linked to surface mining practices. Several members also took the opportunity to make postcards for legislators to support the Clean Energy Opportunity Act and the Stream Saver Bill.

All of the members who attended the various events were excited to spread the word and prepare for I Love Mountains Day. Members like Courtney Jung especially appreciated the opportunity to be a part of I Love Mountains since they couldn’t make it to Frankfort themselves.

Stay in the loop with KFTC.ORG/BLOG

balancing the scales, March 15, 2012

Page 21

Voting Rights Update

Breakthrough in Voting Rights Campaign: HB 70 surges through the House, 78-18, to land in less-hostile Senate Judiciary Committee For years, the bill to restore voting rights to most former felons who have served their debt to society has passed the House by a wide margin, but has not been allowed a hearing or vote in Senator Damon Thayer’s State and Local Government Committee.

This year, House Bill 70 passed the House 78-18 on February 16. When it arrived in the Senate it was assigned to a new committee, Senate Judiciary, chaired by Senator Tom Jensen.

This is a hopeful development for KFTC and allies because Sen. Jensen and many other senators on that committee have expressed support for HB 70 in the past.

KFTC members are helping to coordinate an outpouring of public support to help senators understand that Kentuckians support voting rights legislation, and to make sure the bill finally receives a hearing.

networking with what some people might call “unlikely allies” - including Tea Party groups throughout the state, Take Back Kentucky, and other organizations. This partnership has worked to create a powerful dialog, finding common ground in principles such as “no taxation without representation.” Many of these groups have actively engaged in supporting HB 70 by meeting with legislators or contacting them through phone and email.

• KFTC members James Snyder, Jason Smith and Danny Cotton also met with the Assistant Secretary of State concerning HB 70. Secretary of State Alison Lundergan Grimes campaigned on the issue of supporting voting rights and it was especially meaningful for Smith and Snyder to tell their stories about losing their right to vote.

• Numerous Kentucky newspapers and other media outlets have published editorials in favor of HB 70.

They include The Courier-Journal, Lexington Herald-Leader, Richmond Register, Kentucky New Era (Hopkinsville), Georgetown NewsGraphic, and WDRB-TV (Louisville).

• Lastly, members have continued in-person citizen lobbying with legislators in Frankfort discussing HB 70. Consistently this session, former felons have come to Frankfort to speak to legislators to put a human face on the issue of restoration of voting rights.

• Members have invested a lot of time during the legislative session

• KFTC members held Voting Rights presentations across the state in recent weeks, including at Consolidated Baptist in Hazard, St. Catharine College, Georgetown College,

If you’d like to get more involved with this work, please either contact your local KFTC organizer or Dave Newton, KFTC’s Voter Empowerment Organizer at 859-420-8919 or Dave@kftc.org.

On March 8, more than 200 citizen lobbyists with KFTC, People Advocating Recovery (PAR), the Center for Community Change, Tea Party groups, faith-based groups and others gathered in Frankfort in support of House Bill 70 – a bill to restore voting rights to most former felons who have served their debt to society.

The day was fluid due to a shift in the daily Senate schedule to accommodate a few senators traveling to New Orleans for a basketball tournament.

Many senators cancelled their appointments with the lobby teams, but some of the teams still managed to have a lot of powerful conversations with legislators throughout the day.

Almost all 20 lobby teams included former felons to tell their stories to legislators and others in-person, a tactic that has made the issue more real and urgent in the minds of legislators.

“I made a mistake but I’m still an American and a Marine and deserve the right to vote. And if people like me both-

er to show up to a rally like this, we’ll show up to the polls,” said Mitchell Kiskaden, a former felon from Bracken County.

“I’m a former felon. I paid my debt to society. Now I’m paying another debt,” said Ed West, from Lexington. “I pay taxes, but I can’t vote. If we all speak up, someone will hear us. They say, ‘United we stand, divided we fall.’

Today, we have to stand united. We have to speak up. An unspoken voice will not be heard.”

Other KFTC members and friends brought stories of family members who are former felons, or simply brought their visions of what Kentucky might be like with a more complete democracy.

“I’m deeply concerned about the restoration of voting rights because democracy requires participation from all its members in order to be effective,” said Rosanne Klarer, of Scott County and a mother of a former felon.

The day was focused primarily on connecting with Kentucky’s 38 senators

because the state House already passed the bill, 78-18.

After speaking to some constituents at the lobby day, Rep. Addia Wuchner agreed to go back and change her vote in favor of HB 70. So the tally will retroactively become 79-17.

The main blocks to HB 70 have been a handful of Senate Republican leaders like Senator David Williams. So it’s been especially important to rally other Republican lawmakers who are supportive of this measure.

Republican Rep. Lonnie Napier spoke at the rally to show his continued support.

“I have supported this bill every time in the House. If you’ve paid your debt, you’ve paid it,” said Napier. “We want to work you back into society.

How can we do that if you can’t vote?

We should let you vote.”

KFTC has been fighting to restore voting rights to former felons for the past eight years, and many of members are understandably frustrated and un-

In other voting rights news:

the Lexington Tea Party meeting, and various high schools.

HB 70 rally platform for unheard voices

Action -

Call the Legislative Message Line (1-800-372-7181) and leave a message for the “Senate Judiciary Committee” plus your own senator. Message: “Please Support HB 70 and work for its passage.”

If you live in a district represented by one of the members of this committee, it would be especially useful for them to also get a personal letter, call or email from you. Members of the Senate Judiciary Committee, and the counties they represent, are: Sen. Tom Jensen [Chair] - Estill, Jackson, Laurel, Menifee, and Powell Sen. Katie Stine [Vice Chair] Campbell and Pendleton Sen. Perry Clark - Jefferson Sen. Carroll Gibson - Breckinridge, Grayson, Hancock, Hart, Larue, and Meade Sen. Ray Jones - Johnson, Martin, and Pike Sen. Jerry Rhoads - Hopkins, Muhlenberg, and Ohio Sen. John Schickel - Boone, Gallatin, and Kenton Sen. Dan Seum - Jefferson Sen. Brandon Smith - Bell, Harlan, Leslie, and Perry Sen. Robert Stivers - Clay, Knox, Lee, Magoffin, Morgan, Owsley, and Wolfe Sen. Robin Webb - Bracken, Carter, Greenup, Lewis, Mason, and Robertson

happy that just a few senators have been able to prevent the rest of the state from voting on this issue as a constitutional amendment.

The campaign had a major breakthrough a few weeks ago when HB 70 was assigned to the Senate Judiciary Committee headed by Senator Jensen.

Jensen has been favorable towards HB 70 in the past, and members are hopeful that he will allow the bill to be heard despite pressures from Senate leaders.

If the bill is heard, members and allies feel confident there are the votes to pass it through committee and very likely the votes to pass it on the Senate floor as well.

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balancing the scales, March 15, 2012

Voting Rights Update

Former Felon Voices: James Snyder, Scott County

To share more of the stories from former felons across the commonwealth, this is one part of a series of short interviews that will run in balancing the scales.

them and help around the house. Because I’m on this side of the border of Illinois, I can’t vote.

“The most recent of my two felony

stand whether or not I have the right to vote here. It seems I don’t.”

As a Scott County resident, Snyder’s senator is Damon Thayer, the leg-

“I’m a veteran of nine years in the U.S. Army infantry. My dad was in the military and I grew up on army bases.

Both my grandfathers served in the military, too.

But despite this service and more, James Snyder does not have the right to vote in Kentucky.

“I pay taxes, but I’m not represented. Effectively, I’m not a citizen because citizenship means having a voice in government through the ballot box. It just doesn’t seem right to me.”

Snyder lived in Illinois for the last few years, working as a deputy voter registrar for the board of elections in Illinois, helping people register and vote.

And when he lived there, he could vote.

Kentucky is now one of just four states that take away voting rights from all former felons, even after they’ve served their debt to society.

“My parents aren’t doing so well, so I’m back in Kentucky to take care of

convictions is over 14 years old and neither of them are from Kentucky. In fact, if I lived in either of those states, they recognize that I’ve served my debt to society and I could vote there.”

Even with substantial political ties, Snyder found it hard to know if he even had the right to vote in Kentucky.

“I talked to a few different lawyers and I got conflicting answers. Frankly, I could have gotten away with registering and voting because Kentucky would be unlikely to compare lists with other states, but credibility is important to me, so I spent a lot of effort to under-

islator who has prevented HB 70 from receiving a committee hearing in recent years in his Senate State and Local Government Committee.

Snyder joined KFTC for his first citizen lobby day in Frankfort this session and is looking forward to talking to Sen. Thayer in person.

“I served my country, with due respect, more than any legislator I see that’s standing in the way of this legislation. And I served my time for what I’ve done wrong, too. The right thing to do would be to let me, and others like me, to vote.

In late January, Democratic House leadership and Republican Senate leadership pushed through, and Governor Steve Beshear signed, undemocratic and partisan legislative redistricting plans.

The new district boundaries were designed to pit sitting legislators in the minority parties against each other while oddly dividing counties and communities, moving districts back and forth across the state, and generally making a mess.

A great many of Lexington residents would have lost representation in the Senate for two years, as the district there now represented by Sen. Kathy Stein would have been moved to northern Kentucky, where Stein would not be eligible to run for re-election.

A western Kentucky district 200 miles from Lexington and represented by Sen. Dorsey Ridley would have been moved to Lexington. That seat is not up for re-election until 2014.

Fortunately for disenfranchise voters, the Kentucky Supreme Court

unanimously deemed the redistricting plan unconstitutional with a scathing opinion.

For this year’s legislative elections, the old district boundaries drawn in 2002 will be used. The General Assembly will have to come up with new and legal districts for future years.

While this issue was making its way through the courts in February, KFTC members successfully mobilized citizens throughout the state.

Members organized two large rallies, organized a successful campaign to get the Lexington-Fayette County Urban County Council to pass a resolution against the redistricting, held numerous meetings with legislators, wrote letters to the editor and used social media to raise awareness around an unconstitutional redistricting plan that legislative leaders approached as business as usual.

KFTC members said they will be among those watching to ensure the next redistricting process takes a more reasonable and non-partisan approach.

Early on in the redistricting debacle, Lexington residents organized a rally after they were disenfranchised when Sen. Kathy Stein was effectively removed as their elected senator. KFTC member Janet Tucker showed her support for Sen. Stein and Kentucky’s democracy.

“I served my country, with due respect, more than any legislator I see that’s standing in the way of this legislation.

And I served my time for what I’ve done wrong, too. The right thing to do would be to let me, and others like me, to vote.”

“It renders moot the idea that ‘if you don’t vote, you can’t complain.’

I’m complaining because I can’t vote.”

Snyder is doing more than that – networking with people in Scott County through KFTC and elsewhere to gain voting rights for former felons, and for a host of other issues he cares about, too.

“I can join in politics in other ways, and I do because it’s important to me.

But not being able to vote sure does make it harder.”

Democracy wins against political games in redistricting case

balancing the scales, March 15, 2012

Page 23

Forming a KFTC chapter What is a KFTC chapter?

Chapters are formal units of KFTC’s statewide organization, typically formed along county lines. Chapters are an essential part of KFTC’s internal democratic structure.

They are an entry point for many members and offer a way for people to get actively involved in the organization and our issue campaigns. Each chapter elects a member to serve on KFTC’s statewide board. This board, called the Steering Committee, provides strategic direction and oversight to the organization.

Chapters and the statewide organization have a mutually supportive relationship.

Chapters play an important role in building KFTC’s power by recruiting members, actively working on local and statewide issues, turning people out to events, and fundraising. The statewide organization provides organizing assistance, leadership training and other support to the chapters.

Either way, it is important to understand that forming a chapter does not mean that a full-time KFTC organizer will be assigned to work with your chapter — KFTC does not have the resources to do that in all cases. The most likely scenario is that a member of KFTC’s staff would be assigned to provide support and guidance primarily by phone.

This person can help think through challenges and connect chapter members with other resource people and information. They may also periodically attend chapter meetings or provide leadership skills training for chapter members.

What kind of budget does a KFTC chapter have to work with?

Chapters don’t have their own funds or bank accounts. When a chapter needs resources to accomplish its goals, they can request support from KFTC. It is helpful to include a description of ways that the chapter will work to raise funds locally to cover some or all of the costs of their activity.

Chapters select their own local issues and leaders. To work on issues outside of KFTC’s statewide platform, a chapter must have permission from the Steering Committee. Chapters must meet certain requirements as spelled out in a chapter petition form.

There are some basic tools of organizing that chapters need to do effective outreach in the community. These may include a couple lightweight folding tables and chairs, a canopy (for tabling), some clipboards, a printer, and a supply of paper materials – including brochures, fact sheets, petitions, newsletters, etc. Your chapter should take inventory and see what materials can be obtained locally through donations. Other items can be requested from KFTC, and items with KFTC’s name or logo should be developed in collaboration with a staff member.

What does it take to form a chapter?

KFTC members can petition to form a new chapter at the KFTC Annual Meeting (held in October) or at a Steering Committee meeting (held every other month). Chapters wishing to remain active must re-petition each year at the Annual Meeting. Chapters are accepted by a majority vote of the organizational membership or of the Steering Committee.

Who do I call if I have questions?

Any KFTC staff member or volunteer leader can be a good source of information about the organization and what it takes to form and maintain your chapter. In the beginning, you may want to contact Lisa Abbott, KFTC’s organizing director, to talk through your ideas, hopes and plans for working with KFTC in a formal or informal way. She can be reached at lisa@kftc.org or 859-200-5159.

In order to form a chapter, a group must have at least 15 KFTC members (and 30 members by the end of two years) and agree to the rights and responsibilities that are spelled out on the chapter petition form. The responsibilities include: electing a Steering Committee representative and alternate, raising at least $500 per year through chapter fundraising events, supporting KFTC’s statewide issue campaigns, and using non-violent direct action organizing methods.

How do I go about starting a new chapter?

There is no single way to go about forming a new chapter. Sometimes a group comes together to address a specific local concern or to organize locally around a statewide campaign. After working together for a while on that issue, the members may decide to formally affiliate with KFTC as a chapter. This gives them a voice on KFTC’s Steering Committee, greater access to organizing support and resources, and a structure for continuing to work together over time around a broader set of issues.

Northern Kentucky includes Boone, Kenton, Campbell Counties Scott County Jefferson County

Build a list of existing KFTC members and other people in the community you think should be involved.

2nd Month Identify 3+ people who can serve as a leadership team.

Meet together to discuss what a KFTC chapter is, could be…

Schedule 1:1 conversations with 5 or more people to learn about Identify additional peotheir concerns, values ple to have 1:1s with. and interests and discuss the idea of chapter formation.

3rd Month Continue to have 1:1 conversations.

Meet with leadership team to plan for first chapter meeting: • Agenda?

• Turnout?

• Location?

• Date?

• Time?

Implement turnout and publicity plans.

Floyd County

Bowling Green and Friends Letcher County Perry County Madison County

Other times a few individuals set out to build a chapter because they believe in KFTC’s vision and approach to change. They may or may not have a specific issue campaign in mind. In these cases, the process of chapter formation might look something like the chart at the bottom of the page, though the timetable could vary.

1st Month

Rowan County

Harlan County

Central Kentucky includes Bourbon, Clark, Fayette, Jessamine, and Woodford Counties

4th Month

5th Month

Hold 1st meeting: • What’s KFTC, what’s a chapter, and what could ours be like?

• Decide whether to petition as a chapter.

• Brainstorm issues to explore.

• Elect initial leadership.

Assign small groups to research specific issues, come back to chapter meeting with information and ideas.

Continue 1:1s.

Continue 1:1s.

Use chapter meeting to inform group, identify priorities, begin to build action plan.

6th Month Begin to implement action plan around priority issue(s).

Organize/host some community gatherings (friendraiser or house-parties) to build visibility and membership.

Work w/KFTC staff to hold trainings that are useful for your chapter.

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balancing the scales, March 15, 2012

HB 127 YARD SALE! When: March 26, 1-4 pm Where: Meet in Capitol Annex Room 111 at 12:30.

Check www.kftc.org/ yardsale for more info and updates.

Chapter Meetings Mar. 20

Northern Kentucky chapter meeting, 7 p.m. at 25 W 7th Street in Covington. Contact Joe@ kftc.org or call 859-3806103.

Mar. 23

Berea Pie Auction and Square Dance, 7 - 9 p.m., $5 - $10 suggested donation. Union Church, Berea. megannaseman@gmail.com.

Mar. 26

Madison County chapter meeting, 7 p.m. at Berea College Appalachian Center (205 N. Main St., Berea).

Mar. 27

Bowling Green chapter meeting, 6:30 p.m. at The Foundry, 531 West 11th St. Contact JessicaBreen@kftc.org or call 859-276-0563.

April 5

Scott County chapter meeting, 7 p.m., at the Georgetown Public Library. Email Dave@ KFTC.org or 859-4208919 for more information or to volunteer.

April 9

Jefferson County chapter meeting, 6:30 p.m. at the First Unitarian Church, 809 South 4th Street in Louisville.

April 9

Floyd County chapter meeting, 7 - 8:30 p.m., St. Martha’s Catholic Church in Prestonburg.

For more information contact Kristi@kftc.org or call 859-986-1277.

What to bring: • Your friends!

• Your junk. Small, packable, and plan to take it back home with you. We’ll have the tags.

• A small blanket or a towel to set out, if you have one.

We have a *lot* of money to make, so we’ll be pricing things high!

Because Kentucky Deserves Better!

We all want good jobs, good schools, and communities that are safe, healthy, and vibrant. Tax reforms that raise revenue fairly, along with honest and transparent government, can help us create this Kentucky right now, and build toward a better future.

But Kentucky’s elected leaders lack the political will to pass good solutions like HB 127, the Kentucky Forward Plan. So, let’s gather at the Capitol for a HB 127 Yard Sale. Our goal will be to raise the money that HB 127 would raise every year--$404 million--to invest in the Kentucky that we deserve! www.KFTC.org/yardsale or contact Jessica, 859-276-0563 or jessicabreen@kftc.org

April 19 Central Kentucky chapter meeting, 7 p.m. at the Episcopal Diocese Mission House (corner of Martin Luther King Blvd. and 4th Street) in Lex. April 19 Rowan County chapter meeting, 6 p.m. at St. Alban’s Episcopal Church on 5th Street in Morehead.