March 2014 - balancing the scales

VOLUME 33 NUMBER 2 MARCH 11, 2014

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50 years after historic march, Kentuckians are still fighting for equal rights

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

BALANCING THE

Our voices, lifted together, make a difference in the General Assembly.............. 3

Members educate lawmakers on benefits of Clean Energy Opportunity Act........ 8

Opportunity to progressively reform tax code before lawmakers..........................14

Arts and culture help transform our communities....................................................... 4

Judge vacates Bush-era Stream Buffer Zone rule....................................................13

Southern Kentucky members to celebrate launch of renters’ handbook................16

2 | Balancing the Scales

www.kftc.org | March 11, 2014

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

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

Chapter Representatives

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

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

Executive Committee Corner

Our voices, lifted together, make a difference in the General Assembly.................................................3

Member Commentary Arts and culture help transform our communities........................................................................................... 4 Steering Committee approves 2014 Program of Work.................................................................................. 4

General Assembly Update 2014 KFTC’s Legislative Issues at a glance..........................................................................................................5

New Energy and Transition Update Members educate lawmakers on benefits of Clean Energy Opportunity Act....................................... 8 Student “Reality Roadshow” works to engage college youth in climate justice.................................. 9 Financing for energy efficiency upgrades offered by the USDA............................................................... 9 KFTC and partners chosen for Appalachian Transition Fellowships......................................................... 9

Voting Rights Update KFTC members join commemoration of King’s 1964 march on Frankfort............................................10 Step forward on HB 70 is step backward for voting rights.......................................................................... 11

Canary Project Update Marchers vote for a bright future at I Love Mountains Day......................................................................... 12 Citizens argue to be heard in Clean Water Act settlement......................................................................... 13 Judge vacates Bush-era Stream Buffer Zone rule.......................................................................................... 13

Economic Justice Update Opportunity to progressively reform tax code before lawmakers...........................................................14 Local Option Sales Tax is no silver bullet...........................................................................................................14

Local Updates Lexington council and mayor vote to table affordable housing trust fund; Central Kentucky KFTC members mobilize....................................................................................................... 15 Southern Kentucky members to celebrate launch of renters’ handbook..............................................16 Great crowd and lots to learn at Growing Appalachia conference.......................................................... 18 Louisville Loves Mountains Week: Celebrating our common heritage...................................................19 Fourth Northern Kentucky Loves Mountains....................................................................................................19 Telecom deregulation attempts to hurt rural Kentucky, again..................................................................20 Calendar.........................................................................................................................................................................20

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

www.kftc.org | March 11, 2014

Balancing the Scales | 3

Executive committee corner

Our voices, lifted together, make a difference in the General Assembly

by Megan Naseman KFTC is in the midst of the 2014 General Assembly. Our work in the session is important for a number of reasons.

It allows us to come together beyond what can sometimes be issue silos. On any given day in Frankfort, you might see a KFTC member from Harlan County who’s primarily interested in voting rights teamed up to lobby with a member from Bowling Green who’s very concerned about the minimum wage. Through our work in Frankfort, we hear each other. We stand together. It builds connection between us.

In some ways, the legislative session is where the rubber meets the road. It’s literally where we as KFTC members speak truth to power, and that is such a huge piece of KFTC’s mission. A lot of groups have high-paid lobbyists. KFTC is made up of ordinary Kentuckians who are speaking about what matters to them. That’s unique and it’s important for our democracy – for the voices of regular Kentuckians to be heard in Frankfort.

The Executive Committee plays an active role in KFTC’s legislative work. We receive daily lobby reports so we can stay abreast of what’s going on. We have weekly calls to discuss our legislative strategy and to decide whether to take a position on legislation.

We try to maintain a good sense of what’s moving and what isn’t. On our weekly calls, we reflect on what our top organizational priorities are in the session at this moment.

We think about what it’s going to take to move our issues forward. We ponder what level of capacity and support or opposition we can commit to. Each week, we try to juggle all

the opportunities and challenges that KFTC faces in Frankfort.

A key role the Executive Committee plays during the session is to decide whether to take a position on legislation.

We are often asked to take a position by a chapter, by an issue committee, or by an ally organization. Sometimes, staff learn of legislation that intersects with our organizational priorities – for good or for bad – and will bring those to us for consideration.

We have three levels of support or opposition. First is the basic level of support or opposition. If we choose this level, we might list the legislation on our website and share some basic information about the bill with our members.

The second level is active support or active opposition in which we engage a little more deeply – perhaps actively lobbying for or against the legislation or maybe sending an action alert about it. Our highest level of engagement is focus support or opposition. Focus support goes to our key pieces of legislation such as House Bill 70 (voting rights), the Clean Energy Opportunity Act, the Stream Saver Bill and the Kentucky Forward tax plan. Focused opposition would be for major legislation for which it is a priority for us to defeat.

In considering whether to take a position on a bill, we want to know what other KFTC members think. We’ll ask if a chapter or a committee has given input. We consider how much capacity we have to weigh in and how this aligns with our Program of Work. We consider the landscape and context of what’s happening in Frankfort.

The General Assembly can be frustrating. It takes hard work and determination. But we’re in this for the long term.

We know it takes time to change the tide. But we live here in Kentucky. We love this place, and we’re willing to work to make it better.

And we have success. A couple weeks ago, my state

Social media corner

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

FIELD OFFICES Louisville Jessica George, Jerry Hardt, Alicia Hurle Carissa Lenfert, and Colette Henderson 735 Lampton St. #202 Louisville, Ky 40203 502-589-3188 Whitesburg Tanya Turner and Sara Pennington P.O. Box 463 Whitesburg, Ky 41858 606-632-0051

www.KFTC.org/facebook

www.flickr.com/photos/KFTCphotos

@KFTC @NKY_KFTC @ScottCoKFTC @MadCo_KFTC @EKY_KFTC

legislator stood on the floor of the state Senate as he cast his vote in support of one version of the voting rights legislation.

As he did so, he looked up to the gallery, at KFTC members from my chapter, and he acknowledged them and noted the importance that grassroots efforts have made in moving the bill.

We make a difference when we come together. It’s way easier to tune out a single voice or ten voices. But when our voices join together, we can make a difference. That’s what our work in Frankfort is all about, joining our voices and creating change.

(One final note: Our staff work really hard all year long, but they put a ton of work, effort, and heart into KFTC’s presence in the General Assembly. As members, we appreciate it and I’ve got to thank them publicly even if they do shy away from such shout outs!)

@JCKFTC @WT_KFTC @SoKyKFTC @VotingRightsKY @CanaryProject

Central Kentucky Tim Buckingham, Jessica Hays Lucas, Beth Howard, Erik Hungerbuhler, and Heather Roe Mahoney, 250 Plaza Drive, Suite 4 Lexington, Ky 40503 859-276-0563

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

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

4 | Balancing the Scales

www.kftc.org | March 11, 2014

MEMBER COMMENTARY

Arts and culture help transform our communities

by Ada Smith and Mark Kidd

federal resources in eastern Kentucky. An eight-county federal Promise Zone announced by President Obama also will January marked the 50th anniversary of the War on intensify support from federal agencies.

Poverty, President Johnson’s initiative that charged America’s At the December 2013 SOAR summit in Pikeville, institutions to create “maximum feasible participation” for our political leaders solicited ideas for its planning process, those most affected by lack producing 600 written conof opportunity. tributions about how to This focused effort to make positive change in the Artists and cultural organizations increase participation in coalfields. We could not ask have a crucial role to play in transformcivic life made a lasting diffor a more encouraging sign ing our Appalachian communities. If we ference on living standards that the local will exists to allow economic development to be dein Appalachia, but high sustain our communities unemployment, lack of ecoregardless of persistent ecocoupled from cultural development, we nomic diversity and shortnomic distress. risk inviting colonial economic models ened lifespans also outlast Eastern Kentucky and another 50 years of boom and bust ed this national program. should put its arts and culeconomic cycles in Appalachia.

During the last 18 ture sector to work broadmonths, eastern Kentucky ening the base of people lost 6,000 coal mining jobs, involved in this transition often the highest paying career available in our region, leav- today, and in doing so establish local civic infrastructure ing coal employment at its lowest levels since recordkeeping ready to identify local issues and develop new, creative solubegan in the 1920s. tions in an ongoing and inclusive way.

Focused and sustained effort is again required to ensure Written feedback during the SOAR summit frequently that all coalfield residents have an equitable voice and oppor- returns to the need for new, widely accessible structures and tunities to participate and contribute their unique expertise. processes at the local and county level to move forward with

Kentucky’s “Shaping Our Appalachian Region” (SOAR) transition projects. Local participation in community deinitiative now promises to better coordinate local, state and velopment needs to be more substantial than can take place

during open comment periods at public hearings.

The Higher Ground project in Harlan County exemplifies how art opens conversation and action around our region’s most difficult issues, and models how community college systems can take part in long-term collaborations with local organizations.

Large volunteer casts create and perform new plays that are artistically accomplished and have fostered community leadership in response to issues such as prescription drug abuse, the legacy of extractive industries and difficult choices facing young people in the mountains today.

Within the SOAR framework, art and culture have been mostly limited to discussions about the future of tourism.

Arts and culture tourism is an important dimension to regional planning, but falls short of the contributions that the arts can make across all sectors.

Supporting additional arts and culture tourism would contribute to our regional economy, but tourism infrastructure is built for brief interactions with visitors who approach art as a product or financial transaction. Local arts programs should also be encouraged to better involve community members in exploring and better understanding our own history, culture and imagined futures.

In Letcher County, a partnership between Appalshop, the City of Jenkins, and the National Endowment for the Arts is demonstrating the roles that art and recreation can (continued on page 7)

Steering Committee approves 2014 Program of Work In its first meeting of 2014, the KFTC Steering Committee looked at the big picture for this year, discussing fast moving campaigns such as voting rights and Appalachian transition and approving goals for every area of work.

Each year, through a process that begins in the fall, members, leaders and staff develop a Program of Work for the coming year. It includes goals and objectives for each campaign, as well as strategies such as leadership development, communications and voter empowerment.

“The Program of Work is important because it articulates how we will put our values into action,” said Megan Naseman, statewide secretary-treasurer. “Of course we pivot around opportunities as they present themselves, but the Program of Work is our dreaming for the year ahead. Not just pie-in-the-sky dreaming either – it’s a chance to put numbers to the change we’re committing to help create. It’s also a chance for the Steering Committee to get to know more deeply what folks are up to.”

The document is informed largely by the work members do in their communities on issues they care about. Some campaigns are longterm, such as tax reform and ending mountain-

top removal, while others emerge in response to local concerns, such as the Bluegrass Pipeline campaign, which began in 2013.

This looks to be a big year for voting rights and Appalachian transition, two campaigns that are gaining momentum quickly.

Members worked last year to build awareness among lawmakers and the public of House Bill 70, which would automatically restore voting rights to most former felons after they’ve served their debt to society. At press time, a weakened version of the bill had passed the Kentucky Senate for the first time, after the original version had passed the House for eight consecutive years. Differences were still being negotiated.

Members are working hard to get the original version of HB 70 passed without the Senate changes. If the bill passes the full legislature, it will be placed on the ballot for a statewide vote, since the issue requires a constitutional amendment. Much of KFTC’s time and energy would go into building support across the state for this ballot initiative in November.

Appalachian transition has also gained momentum since KFTC hosted the Appalachia’s Bright Future conference in April 2013.

The public frame around transition has shifted

from divisive rhetoric to a more balanced conversation about what comes next for the region.

Many members attended the Shaping Our Appalachian Region (SOAR) Summit, hosted by Governor Steve Beshear and Congressman Hal Rogers in December, and will work to keep the emphasis on our principles for a just transition.

KFTC will also prioritize leadership development this year. Leadership development is always the “first among equals” of KFTC’s primary strategies, because it makes all our other strategies possible.

This year the organization – because of some dedicated special resources – will be able to elevate our leadership development work and train 1,000 leaders in grassroots organizing, voter empowerment, understanding critical issues, and skills for being effective organizational and community leaders.

The Steering Committee also discussed fundamental strategies such as KFTC’s commitment to diversity. Member Meta MendelReyes said that diversity is something to celebrate and challenge – celebrate the privileges that many people enjoy while challenging the oppression of others.

“How do we really go about educating our membership and also ourselves about issues of diversity and privilege?” Mendel-Reyes said.

Other members suggested sharing diversity trainings among KFTC chapters and reaching out to specific constituencies in our communities who may be underrepresented in KFTC’s work.

In other business, the Steering Committee approved a Nominations and Elections Review Process as well as a 2014 organizational budget.

In closing out the day, the Steering Committee made the following affirmation in recognition of recent events in West Virginia, North Carolina and Virginia related to water quality issues: We affirm our support for and stand in solidarity with the people of West Virginia who are continuing to suffer from the pollution of their water by the chemical spill in the Elk River and decadeslong pollution of their water by coal mining.

We also support and stand in solidarity with the people of North Carolina and Virginia who are facing pollution of their water by the recent coal ash spill into the Dan River.

The next Steering Committee meeting is scheduled for April 5.

www.kftc.org | March 11, 2014

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2014 KFTC’s Legislative Issues at a glance The KFTC Executive Committee, which serves as the legislative strategy team, reviews bills and amendments weekly.

For a current update, visit www.kftc.org/bill-tracker.

Issue

Status

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

HB 220 was introduced on January 16

by Rep. Jim Wayne with 9 cosponsors. It is assigned to House Appropriations and Revenue Committee.

Clean Energy Opportunity Act House Bill 195

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

House Bill 195 is assigned to the House Tourism Development and Energy Committee. A committee hearing took place on March 6 though no vote was taken.

Restoration of voting rights amendment House Bill 70 Senate Bill 15

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

House Bill 70 passed the House on January 16 with an 82-12 vote. Earlier in the week it was approved by the House Elections, Constitutional Amendments & Intergovernmental Affairs Committee on 1/14. On February 19, HB 70 was radically amended and passed by the Senate State and Local Government Committee, and then approved by the full Senate, 34-4. The amended bill added several new restrictions and a waiting period, and greatly reduced the number of former felons who would have their rights automatically restored. (see how they voted HERE)

The Kentucky Forward Plan House Bill 220

Priority Legislation: Support

Summary

There was an informational hearing on February 11 about the governor’s tax proposal, with Lt. Gov. Jerry Abransom the only presenter. No additonal hearings on tax reform have yet been announced.

On March 5, the House rejected the Senate’s version of HB 70. The Senate now must decide to to recede or not recede from its amendments. If they do not recede, then a conference committee may be appointed for the two chambers to negotiate the final form of the bill.

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

Stream Saver Bill House Bill 288

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

This information is current through Monday, March 10. Check the KFTC web site at www.kftc.org/bill-tracker for updates on these bills and others that are not listed in this issue of balancing the scales, or the Legislative Research Commission web site at http:// lrc.ky.gov/record/14RS/record.htm for daily update of legislative activity.

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Issue Limit eminent domain House Bill 31 Senate Bill 14

www.kftc.org | March 11, 2014

Summary House Bill 31 takes a different approach. A committee substitute defines natural gas liquids as distinct from oil or gas products, meaning that NGL pipelines can’t abuse the special treatment oil and gas companies enjoy under Kentucky eminent domain laws.

KFTC Supports

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

Status SB 14 has been assigned to the Senate Judiciary Committee.

On February 26, the House Judiciary Committee approved a committee substitute for House Bill 31 that clarifyies that natural gas liquids pipelines do not have eminent domain under existing statutes. The bill is now before the full House, waiting for a vote. Five floor amendments have been filed.

Abolition of the death penalty HB 330 Senate Bill 77

Senate Bill 77 and House Bill 330 would abolish the death penalty and replace it with life imprisonment without parole for inmates presently sentenced to death, and permit imprisonment for life without parole and imprisonment for life without parole for 25 years for offenses formerly denominated as capital offenses.

SB 77 is assigned to the Senate Judiciary Committee.

Minimum wage increase House Bill 1

House Bill 1 would raise the minimum wage for most workers in Kentucky to $10.10 an hour over the next three years. It also prohibits wage discrimination on the basis of sex, race, or national origin.

HB 1 was approved by the House Labor & Industry Committee on January 30, and by the full House on February 6 with a 54-44 vote. It is now before the Senate State and Local Government Committee.

Minimum wage increase for tipped workers House Bill 191

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

HB 191 was approved by the House Labor & Industry Committee on January 30, and by the full House on February 6, with a 57-40 vote. It is now before the Senate State and Local Government Committee.

Safe coal ash disposal House Bill 241

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

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

Reverse Citizens United HCR 17

House Concurrent Resolution 17 urges Congress to propose an amendment to the Constitution of the United States to establish reasonable limits on contributions and expenditures in political campaigns and to prohibit noncitizen contributions and expenditures. It is in response to the Citizens United 2010 Supreme Court ruling that opened the door for unlimited independent spending by corporations and unions to influence elections.

HCR 17 was reported favorably by the House Elections, Constitutional Amendments & Intergovernmental Affairs Committee on February 4. It has been lingering on the House floor, awaiting a vote, since February 12.

Fairness House Bill 171 Senate Bill 140

House Bill 171 and Senate Bill 140 would prohibit discrimination in employment, housing and public accommodations based on sexual orientation and gender identity.

HB 171 is assigned to the House Judiciary Committee. SB 140 is assigned to the Senate Judiciary Committee.

Voting Rights Act SCT 153

SCR 153 urges Congress to update the coverage formula in the Voting Rights Act of 1965.

SCR 153 is in the Senate Judiciary Committee.

Tax credit Ohio River bridge toll House Bill 41

House Bill 41 would create a refundable income tax credit for HB 41 has been assigned to the House Appropriations and eligible persons who pay tolls to commute to work across an Ohio Revenue Committee. It’s been posted for a possible comRiver bridge. mittee hearing.

Public financing judicial elections House Bill 72 Senate Bill 222

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

SB 222 was not yet assigned at press time.

Protections for abused animals House Bill 30

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

HB 330 is assigned to the House Judiciary Committee.

There was a short hearing and discussion on HB 171 in the House Judiciary Committee on March 5.

HB 30 is assigned to the House Judiciary Committee.

www.kftc.org | March 11, 2014

Local Sales Tax Option House Bill 399 Senate Bill 135

Balancing the Scales | 7

HB 399 and SB 135 would amend the state constitution to give Kentucky cities the authority to enact local sales taxes.

HB 399 is in the House Elections, Const.

Amendments & Intergovernmental Affairs Committee. There was a discussion only hearing in the House Economic Development Committee on February 27, and a discussion-only hearing in the House Elections and Constitutional Amendments Committee on March 6.

KFTC Opposes

SB 135 is in the Senate Appropriations and Revenue Committee.

Voter Identification Senate Bill 10

SB 10 would require voters have a state-issues photo ID in order to vote. This has the potential to disenfranchise many low-income voters who do not have drivers licenses.

SB 10 is currently in the Senate State and Local Government Committee. It has had two readings on the Senate floor already.

Lift the nuclear energy ban House Bill 52 Senate Bill 67

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

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

Big telecom deregulation Senate Bill 99

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

SB 99 was put on the fact track by Senate leaders. It was approved by the Senate Economic Development, Tourism & Labor Committee on January 30, and later that same afternoon by the full Senate, 34-4.

SB 67 was approved by the Senate Natural Resources and Energy Committee on January 29, and by the full Senate on February 4 with a 29-6-1 vote. It has been assigned to the House Natural Resources & Environment Committee.

SB 99 has been assigned to the Economic Development Committee in the House.

Right To Work House Bill 496

House Bill 496, the “Right To Work Act,” would prohibit mandatory membership in or financial support of a labor union as a condition of employment. It is designed to erode the negotiating power of workers and drive wages and benefits lower.

HB 496 is assigned to the House Labor & Judiciary Committee. A hearing may take place on March 13.

Arts and culture help transform communities continued from page 4 play in re-envisioning public spaces in a former coal company town.

Local and national artists participating in this project, entitled “A City Built on Coal”, will be creating public murals, a large-scale photographic installation, and walking/driving tour that also uses digital media to bring to further enhance and represent the architecture, culture, and experiences of a century old coal community in Appalachia for local residents and visitors.

For two decades, funding for artists, arts organizations, arts education in our schools, and cultural programs has been cut. Yet despite this climate there are examples of how community arts programs have reinvigorated themselves through cross-sector investment.

The county extension service is a network of local agencies based in the public land grant universities, in our area, the University of Kentucky. Using a combination of local funds and university resources, the Pike County Cooperative

Extension Service supports arts programming and a full-time Fine Arts Extension Agent with a mission “to create and support opportunities in the arts for citizens that will stimulate creativity, promote participation, and recognize artists, arts educators, and arts supporters at all levels and mediums.”

Since the late 1980s, Appalachian Media Institute (AMI) has trained more than 1,500 young people at Appalshop in Whitesburg. AMI participants have produced more than 125 media projects ranging from profiles of Appalachian artists and artisans to explorations of regional identity and critiques of the economic, environmental, and societal issues facing youth. Intensive training helps young people create media that is technically and aesthetically successful while gaining experience leading a professional media production team. Young people gain equally practical experience finding what is affirming in their culture, using the arts to speak truth, and exploring the challenges that face our communities in a deliberate way.

Artists and cultural organizations have a crucial role to play in transforming our Appalachian communities. If we allow economic development to be decoupled from cultural development, we risk inviting colonial economic models and another 50 years of boom and bust economic cycles in Appalachia.

Art and culture are necessary for development that supports the spiritual, emotional, and intellectual life of the people. When one develops the whole community, all its elements become healthier and more resilient – people, economy and environment.

Mark W. Kidd leads Community Cultural Development residencies in Appalachia and nationally, including workshops on low-cost media, grassroots campaigns and cultural organizing.

Ada Smith is from Whitesburg and currently serves as the Institutional Development Director of Appalshop, a nonprofit arts and education center.

8 | Balancing the Scales

www.kftc.org | March 11, 2014

new energy and transition update

Members educate lawmakers on benefits of Clean Energy Opportunity Act KFTC and allies got a chance to discuss the potential benefits of the Clean Energy Opportunity Act during a legislative committee hearing March 6.

The bill would create 28,000 new jobs in clean energy over the next 10 years by establishing clean energy standards for Kentucky, according to a study commissioned by the Mountain Association for Community Economic Development (MACED).

Sponsor Rep. Mary Lou Marzian presented the bill to the House Tourism Development and Energy Committee as a means to generate “jobs, jobs, jobs for our people that have been laid off.

“I think it’s a real opportunity for the people of Kentucky and for all of us as legislators to help our constituents in this state,” Marzian said.

Through a Renewable and Efficiency Portfolio Standard (REPS), the bill would establish goals to gradually increase the percentage of retail energy sales provided by renewable sources to 12.5% and to save 10.25% through energy efficiency by 2024. It would also establish a feed-in tariff, which would guarantee payment rates that utilities pay in-state renewable energy producers.

Various players in the clean energy field testified about the potential for jobs, energy savings, a boost to the economy, and even benefits to Kentucky schools.

Kacey Hoover with the North Carolina Sustainable Energy Association described the benefits North Carolina has enjoyed since adopting a Renewable and Efficiency Portfolio Standard in 2007. Those benefits include increases in clean energy firms, revenue and employment in clean energy. The latest census showed 18,000 people working in clean energy jobs in North Carolina.

KFTC member Chris Woolery, who coordinates MACED’s How$mart residential energy efficiency program, said energy efficiency is a way to build capacity without spending a lot of money. “Energy efficiency over time is always cheaper,” he said.

Woolery shared the example of Lacey Griffey of Benham, Kentucky, who benefitted from an energy efficiency upgrade to her home provided through How$mart, which targets low- to moderate-income people. Her electric bill decreased by more than 50 percent.

“It’s important to know that this bill will lower the cost of energy over time to these constituents,” Woolery said.

Architect Kenny Stanfield described Richardsville Elementary School, which is the nation’s first net-zero-energy public school. Located near Bowling Green, the school generates as much clean energy on-site as it uses in a year.

The average school using conventional energy sources spends about $200,000 per year on energy – an amount that can now be used in the classroom at Richardsville.

Energy savings at the school were achieved through a combination of energy efficient design and renewable energy generation. The school uses about 70 percent less energy than a conventional school, thanks to smart building design, lighting, heating and cooling, and other systems.

The system also includes a solar photovoltaic system that generates as much energy over the course of a year as the building requires. In fact, through an incentive offered by

the local utility through the Tennessee Valley Authority, the school received a check for more than $30,000 last year for the renewable energy it generated.

But the utility is unwilling to make the same arrangement for other schools in its service territory, and instead has capped the size of renewable energy systems that can be installed under the incentive program. As a result, the Warren County School District has built two other energy efficient school buildings, but has not been able to add renewable energy systems, even though it has the desire and the financing.

The Clean Energy Opportunity Act contains a feed-in tariff to guarantee renewable energy producers be paid a fixed rate for the energy they produce, and would open the door for more projects like Richardsville Elementary across Kentucky.

“We really need more schools like Richardsville Elementary,” Stanfield said. “We want to save those dollars and put them back in the classroom.”

Rep. Keith Hall, who chairs the House Tourism Development and Energy Committee, did not call the bill for a vote but said he’d like to see a copy of North Carolina’s Senate Bill 3, which established an REPS in that state, and to continue the conversation around clean energy.

A week earlier, members and allies gathered in Frankfort for a clean energy lobby day to educate lawmakers on the bill.

Robert Reese, an electrician with Ford Motor Company in Louisville, spent his day off lobbying for the Clean Energy Opportunity Act. “I’ve always had an interest in renewable energy, since I was a kid,” Reese said. He attended partly to see how lobbying works but also because he’s concerned about Kentucky’s

current approach to generating electricity.

“I think it’s an excellent idea to diversify our sources of energy, and I think that there are costs associated with coal that are not recognized by our mandates as they are now to generate electricity as cheaply as possible. So I think we need to reconsider how we are mandating electricity be generated.”

Jim Miller, a senior at duPont Manual High School in Louisville, said clean energy jobs offer opportunities for young people. Miller is involved with the Kentucky Student Environmental Coalition (KSEC), which has been working before and during this legislative session to raise awareness and build support for the bill.

“We have all this evidence that young people in Kentucky are excited about renewable energy jobs and working in energy efficiency, and yet it’s something that the state still really hasn’t moved their position on.”

Cara Cooper, state organizer with KSEC, said the group has collected more than 1,300 signatures in support of the bill on 15 college campuses.

“This is something we really need here in Kentucky because we’ve seen that we have potential when it comes to solar energy, we have potential when it comes to geothermal.

We have all sorts of rivers that have been dammed that are not producing electricity that could be producing hydroelectricity right here in Kentucky. And we obviously have a jobs situation. Youth unemployment is at 17 percent, which is double the state average.”

Participants thought legislators they spoke to during the lobby day were generally more positive about the bill than in the past. Four legislators agreed to sign on as cosponsors of the bill.

BIG SANDY RECC 606-789-4095 Natasha Wiley nwiley@bigsandyrecc.com

FLEMING-MASON ENERGY 606-845-2661 Mary Beth Nance mbnance@fme.coop

GRAYSON RECC 606-474-5136 Tina Preece Tina.preece@graysonrecc.com

JACKSON ENERGY 800-262-7480 Roger Medlock rogermedlock@jacksonenergy.com

www.kftc.org | March 11, 2014

Balancing the Scales | 9

new energy and transition update

Student “Reality Roadshow” works to engage college youth in climate justice

by Tyler Offerman The science is in: climate change is real and it is threatening Kentucky. Across the state, we are realizing it is up to young people to lead the fight to combat climate change’s causes and mitigate its impacts.

One local organization that is at the forefront of this work is the Kentucky Student Environmental Coalition (KSEC).

Beginning in February, members of KSEC began a tour across the state called The Reality Roadshow: Climate Change and the Fight for our Future, a tour to discuss the realities and impacts of climate change in Kentucky and ways young Kentuckians can and are running campaigns to stop the causes of climate change and transition Kentucky away from a climate change inducing economy.

The Reality Roadshow has already made stops at Georgetown College, Western Kentucky University, Murray State University, University of Kentucky, Bluegrass Community and Technical College, and St. Catharine College, with more stops being planned for other campuses through March and April.

KSEC has been already been very active in 2014, working towards a just, economic transition away from fossil fuels,

Financing for energy efficiency upgrades offered by the USDA

The U.S. Department of Agriculture recently established the Energy Efficiency and Conservation Loan Program (EECLP) to level the playing field for investments in clean energy. The same type of financing that has been available to power plants for decades will be available to electric utilities and – by extension – their residential customers.

The USDA’s Rural Utility Service has more than $6 billion to provide low-cost financing to electric utilities that serve rural areas and operate at-cost, such as rural electric coops and public power authorities.

The program allows eligible utilities to borrow money at low interest to invest in energy efficiency upgrades to their own facilities, as well as properties owned by customers. Utilities can bill customers for these upgrades through on-bill financing, which means adding a monthly charge to the customer’s bill. Often, the savings obtained from energy efficiency offset some or most of the cost of the upgrades.

KFTC ally the Mountain Association for Community Economic Development (MACED) has piloted a similar project called How$mart in four rural electric cooperatives in Kentucky, and KFTC members have helped build awareness of the program in their own co-op districts.

For more information about the EECLP and how to make your co-op aware of the benefits, contact KFTC organizer Sara Pennington at 606-276-9933 or sara@kftc.org.

supporting the opposition to the Bluegrass Pipeline, working for more local food on campuses, and joining in with many other communities in holding elected officials accountable.

The Roadshow builds on this work by showing that it is all interconnected.

“The Reality Roadshow is meant to highlight the impacts of climate change and the ways young people can help transition Kentucky towards a community-based, renewable energy future,” says Cara Cooper, the state organizer for KSEC. “Our generation has the most to lose from inaction, and so we stand in solidarity with those directly impacted by environmental destruction to build a just economy in which people and ecosystems are valued over profit.”

Meredith Smith, a senior at Western Kentucky University, said the reason for bringing the roadshow to her campus was to “bring awareness around the reality of climate change, that it directly affects our lives, and showing that this is something that young people can and are leading on.”

Smith also wanted to tell her elected officials that “climate change is something that affects young people more than anyone else and it is our futures that are in your hands.

This is not something that we will take lightly, especially during an election year, and we need you to consider the future implications of the actions, or lack thereof, you take today.”

KSEC “REALITY ROADSHOW KSEC is a coalition of youth from more than 15 Kentucky universities, colleges and high schools who are all leaders in their communities and campuses on environmental, energy and climate change issues that affect their specific communities, as well as the state and region.

KSEC’s work is important because there has never been any successful social revolution or paradigm shift that didn’t have young people actively and energetically at the forefront.

Through the Reality Roadshow and other campaigns and efforts, youth are taking up the challenge of leading Kentucky’s Climate Justice Movement.

KFTC and partners chosen for Appalachian Transition Fellowships KFTC and allies Christian Outreach with Appalachian People (COAP) and the City of Benham have been selected as a host community for an Appalachian Transition Fellowship organized by the Highlander Research and Education Center.

The three organizations applied jointly for a one-year fellowship to help engage community members in developing and launching a community-wide energy efficiency program that would be owned by and benefit the community of Benham. The project will hopes to include a revolving loan fund for residential energy efficiency retrofits, an on-bill financing mechanism, and the potential for renewable energy components.

The goal for the Appalachian Transition Fellow is to increase community participation and support for the Benham project. Specifically, the role will include: ● Helping to organize door-to-door conversations, community surveys and community forums to actively engage residents in bringing the program to life; ● Developing educational materials to help describe the energy efficiency program, how it can benefit the community, and how people can be involved; ● Helping to document and share success stories; ● Providing on-the-ground administrative support related to applications for new retrofits, helping homeowners and residents fully understand the program, and helping them submit paperwork for energy retrofits; and ● Working with local KFTC members to design and launch a fundraising strategy to build initial assets for the revolving loan fund.

In all, Highlander is matching 15 innovative, emerging leaders in the region with host communities working on Appalachian transition. Another KFTC ally, the Appalachian Citizens’ Law Center in Whitesburg, will host a fellowship focusing on research on land and stream reclamation. KFTC will play a supporting role in the ACLC fellowship. Interviews will take place in March, and the Fellow will be selected by March 31.

10 | Balancing the Scales

www.kftc.org | March 11, 2014

Voting Rights Update

KFTC members join commemoration of King’s1964 march on Frankfort KFTC members joined thousands of others for the 50th anniversary of Dr. Martin Luther King Jr.’s march on Frankfort on March 5, 1964.

The march and rally brought marching bands, school groups, ally organizations, surviving participants of the 1964 march, and many supporters of House Bill 70.

The timing was right to lift up the bill, which would automatically restore voting rights to most former felons once they’ve served their sentence.

The bill passed the Kentucky House for the eighth time in January. After years of refusing to even hear the bill, the Senate added a committee substitute that would make the bill significantly more restrictive and passed the new version on February 19.

Because of the changes, the bill passed back to the House, which voted a few hours after the rally on March 5 to not concur with the Senate version.

“Today we come not only to commemorate but also to advocate for civil rights and equal access to the ballot,” said emcee Raoul Cunningham, president of the Louisville NAACP. Speaker after speaker urged the crowd to contact senators and press them to pass the original House version of HB 70.

Former senator Georgia Davis Powers, who was the first African American elected to the Kentucky Senate and served 21 years,

remembered the first march 50 years ago, when it was “sleeting and snowing and raining all at the same time.”

Powers talked about progress on civil rights, but called out the Senate for changing House Bill 70. “They messed up and voted a substitute that needs to be killed.”

She urged those present to “organize, organize, organize” to “kick the rascals out who are the enemies of equality.”

KFTC member Michael Hiser, a father and teacher who is working on a master’s degree, shared some of his story of being a former felon.

“I’m not a citizen of Kentucky. I’m a citizen in transition,” Hiser said. He is free to pay taxes but not to vote.

“This is about you, the Kentuckians, the feet of liberty who marched up that street to demand liberty,” Hiser said.

Rep. Jesse Crenshaw, who has worked for a decade to pass House Bill 70, said the right to vote is a sacred right. “It is not a privilege like driving a car. It is a sacred right.”

Crenshaw told the crowd to contact every single senator “and ask them to help restore House Bill 70 to House Bill 70.”

Senator Gerald Neal, who spoke passionately on the Senate floor in February in support of the original House Bill 70, invited everyone in the crowd to join him in the Senate chamber later in the afternoon.

(Above): KFTC member Michael Hiser shared his story with the crowd of what it is like being a former felon and working to have his voting rights restored. (Below): More than 4,000 Kentuckians gathered in Frankfort to celebrate the historic March on Frankfort

by Dr. King 50 years ago. Although many issues were represented by the signs, voting rights for former felons was loud and strong from the crowd and the stage.

“I live in a Senate that has been resistant and recalcitrant,” Neal said.

Other speakers included Kentucky’s poet laureate Frank X Walker; Rep. Jeff Hoover, co-sponsor of House Bill 70; Governor Steve Beshear; and Secretary of State

Alison Lundergan Grimes, among others.

Beshear also spoke strongly for House Bill 70. “We need to bring pressure to bear to ensure the Senate steps up and does the right thing,” Beshear said.

www.kftc.org | March 11, 2014

Balancing the Scales | 11

Voting Rights Update

Step forward on HB 70 is step backward for voting rights KFTC members who have been working nearly a decade on the issue of voting rights for former felons got some hope in February that House Bill 70 might finally pass the Kentucky legislature and have a chance to be voted on by Kentuckians.

In its eighth year in the legislature, the bill passed the Kentucky Senate for the first time on February 19. Before passing the bill, however, the Senate added a committee substitute that would require a five-year waiting period and other restrictions.

Under the current system, former felons have to apply for an individual pardon from the governor to restore their right to vote. In its original form, House Bill 70 – passed by the House for the past seven years and again on January 16 by a bipartisan vote of 82-12 – would place on the statewide ballot a constitutional amendment that would automatically restore voting rights to non-violent felons once they’ve served their full sentence, including probation and parole.

The Senate version would add a five-year waiting period beyond probation and parole. It would also exclude from automatic restoration anyone convicted of any felony sex crime and anyone with multiple convictions, cutting in half the number of former felons who would benefit from House Bill 70. And anyone convicted of even a misdemeanor during the waiting period would be disqualified. (The House version of the bill already excluded those convicted of intentional killing, rape, sodomy and sex crimes involving children, as well as treason and bribery in an election.)

Because of the changes to the bill, it passed back to the House, where the House voted on March 5 not to concur with the Senate version.

Just before the Senate vote on February 19, senators Gerald Neal and Reginald Thomas spoke passionately on the Senate floor about the need to pass HB 70 without the committee substitute.

“We’re going to create a whole new category of punishment,” said Neal, who sponsored a companion bill in the Senate. He explained that some felons could be “on paper” for 10 years and still have to wait another five before they can vote.

“God is a forgiving God who does not make you wait five years for forgiveness,” Neal said.

“This country has never compromised, Madam President, when it comes to the issue of liberty,” said Thomas. He went on to say, “This bill is not a compromise … It’s a denial of what’s fundamental in our society, which is the right to vote.”

Other senators said they would vote for the bill with the changes because they wanted to see the bill move forward. A few, including senators Alice Forgy Kerr and Robin Webb,

ACTION:

said they hoped the bill would come back to the Senate from the House in its original form – without the committee substitute.

Kerr referred to the five-year waiting period as a “hope buster.”

“I really feel like the God I serve is a God of second chances,” said Kerr. “And I feel like voting is a right, voting is a privilege, but voting is not just for the privileged few.”

Webb said voting allows people to invest in their communities. “I believe that individuals will do better if they’re invested where they live and where they work ... And I think democracy requires that.”

Earlier in the day, in a committee hearing that featured testimony by U.S. Senator Rand Paul in favor of restoration of voting rights, several lawmakers and others urged passage of the bill without the waiting period and other restrictions.

“The theory behind House Bill 70 is that you want to show the person that they are being welcomed back to society,” said Rep. Jesse Crenshaw, long-time sponsor of House Bill 70. “The committee substitute does the opposite of that.”

“We find, Mr. Chairman, the Senate substitute not to be a bill that will restore rights for felons. But we find that to be a blueprint for suppression of felon voting rights,” said Raoul Cunningham, president of the Louisville NAACP. Rep. Jeff Hoover, cosponsor of House Bill 70 with Crenshaw, said restoring voting rights after completion of a sentence is a matter of fairness.

“We are a forgiving people. We are a forgiving society,” Hoover said. “And Lord help us if we ever change from being that way.”

In his remarks, Paul avoided taking sides on the changes to the bill, but spoke strongly in favor of restoring voting rights, focusing on the high number of incarcerations for nonviolent drug crimes and the disproportionate impact on people of color.

Many drug crimes are committed in youth by kids “white, black and brown,” but the prison population is disproportionately made up of people of color, Paul said.

“Something’s gone wrong in the war on drugs … There has become a racial outcome in who’s incarcerated in our country,” Paul said. He added that sentences are often too harsh.

“Most of us believe in redemption,” Paul said. “Most of us believe in a second chance.”

In a public appearance a few days later, Paul indicated that he supports the House version of HB 70.

KFTC members are working hard during the remainder of the legislative session to see that the House version of HB 70 passes.

Bills move at a rapid pace in the final weeks of the Legislative session. The action at press time might be drastically different by the time you receive this publication. Visit KFTC.org/blog or KFTC.org/facebook for the most up to date action concerning House Bill 70

MY NAME IS TEDDI SMITH-ROBILLARD, and I AM A KENTUCKIAN! “Voting is one way to have some control over your life.

When you have paid your debt to society, you should no longer be in custody. Voting is important because it means your life is your own again.

It would have meant a lot to me if I had gotten my rights back as soon as I served out. My life felt like an oxymoron. I was registering voters and encouraging people to vote, but I couldn’t vote myself. When you don’t have your rights it is as if you are still serving time.

When you commit a felony and go to prison or jail, you are given a date when you are supposed to be released from custody. When you have completed that sentence and paid all of the debt you have been asked to pay, and you still can’t vote, it is as if you are still imprisoned.

I’m 74. At my age, having a waiting period is a death sentence. Plain and simple: it’s a death sentence. I’m past my life expectancy and I’m still imprisoned if I can’t vote. There are plenty of people who are my age who can’t vote because of a felony charge and adding a waiting period is giving them a death sentence.

12 | Balancing the Scales

www.kftc.org | March 11, 2014

canary project update

Marchers vote for a bright future at I Love Mountains Day For the ninth time, hundreds of KFTC members and friends braved the cold to march and rally in Frankfort for I Love Mountains Day. Folks gathered at the Kentucky River on February 12 and marched up Capitol Avenue to the familiar chants of “Show me what democracy looks like! This is what democracy looks like!” and “Whose mountains? Our mountains!”

Speakers drew parallels among communities in eastern Kentucky, central Kentucky, Louisville, West Virginia and North Carolina that are dealing with the impacts of fossil fuel extraction, transport and burning.

“We may live in different hollers, but we share the same story of environmental injustice,” said keynote speaker Teri Blanton, a Harlan County native and long-time KFTC leader who is a member of the National Environmental Justice Advisory Council to the U.S. EPA. “It’s time for us to write a new story,” Blanton said. “Let’s create a new energy revolution in this state, a New Power revolution.”

Eleven-year-old Chase Gladson of Harlan County described how lucky he is to live in the mountains. “My dream is to grow up in Harlan County and raise a family.”

But things are falling apart in eastern Kentucky, Chase said. “I know that for me to stay close to home, things will have to

change.”

Clean water and good jobs will have to be a part of those changes, he said. “I’m only 11 years old, but I believe that all this is possible … It will take all of us, I mean all of us, working together.”

Sister Claire McGowan described the proposed Bluegrass Hazardous Liquids Pipeline, which she and others along its route have been working to prevent.

“We don’t need to develop more fossil fuels at all. In fact, we can’t afford to develop more fossil fuels … The transition to renewable energy sources must begin now.”

KFTC chairperson Sue Tallichet welcomed the crowd and invited everyone to take part in the day’s “voting.” “As part of building a healthy democracy, we invite everyone here today to vote for a bright future.”

Rather than vote for candidates, participants were asked to submit ballots expressing WHAT they’d like to vote for in Kentucky.

Answers ranged from ending mountaintop removal to clean energy, affordable education for all, clean water, sustainable food systems, good jobs, economic development that empowers small businesses, and more.

Music was provided by Randy Wilson, David and Phoebe Waggoner, and singers from the Loretto, Dominican and Charity women religious communities in Kentucky’s Holy Land.

For nine years Kentuckians have travelled from across the state to come to Frankfort to celebrate at I Love Mountains Day. They have marched, rallied, yelled, and demanded protection for mountain people and communities.

CHASE GLADSON’S SPEECH, I LOVE MOUNTAINS DAY My name is Chase Gladson, and like all of you, I Am A Kentuckian!

I am eleven years old, and I am a stu­ dent at Cumberland Elementary School in Harlan County.

There are many wonderful things about the area where I live ...

We live on a small farm and in a beau­ tiful forest near the base of Big Black Mountain. It’s a perfect place to grow up.

Many members of my family are close by, including my big brother Blake and my little sister McKenzie. Sometimes we play in the woods with my cousin Gage and his baby sister J-Bug, or I’ll get on the computer with my cousin Chey­ enna. And I live just across the mountain from my Mamaw and Papaw Shoupe.

They are really cool and don’t discipline me like my mom and dad do.

If that’s not enough, my best friend lives five minutes away and his family is like a second family to me. I can visit any time and talk about anything.

I love my church. Our pastor is really great. Not only is he a wonderful preacher, he always makes time for the young people by keeping us busy doing things that praise God!

My dream is to grow up and raise a family right there in Harlan County, just like my grandparents did, and their grandparents before them.

When I grow up, I either want to be a physical therapist - because I like to help people – or a photographer, because I love to take photographs, especially of the mountains where we live.

But I know that for me to stay close to home, things will have to change. To­ day, things are falling apart. We have to stop destroying our mountains; we have to protect our water. We have to improve our schools, and we have to develop things for our young people to do and good jobs for our grown-ups.

I’m only eleven years old, but I believe that all this is possible! My Papaw likes to say we can have a bright future here, if we build it, and I believe it too.

But it will take all of us – ALL OF US – working together.

Last fall I got to be in our Higher Ground Community Theater play. I played a young boy in some of the skits. I loved being part of telling stories about our community and our history. What I remember most was how wonderful every­ one in the play was to each other. They really backed each other up, and we all stuck together as a team. That’s what made our play a success.

That’s what it’s gonna take to build a bright future too. We’ve got to stick together as a team, and back each other up.

In closing, I want to remind everyone to support HB 70, the Voting Rights Bill, to give people back their voting rights. Even if someone has made a mistake in their life, or hit a bumpy spot, we need to support them and help them return to being a full citizen. We need to stick together as a team.

I am a Kentuckian! I love our mountains; I love our mountain streams and I love our mountain communities; I love our mountain families. And I love I Love Mountains Day.

www.kftc.org | March 11, 2014

Balancing the Scales | 13

Canary project update

Citizens argue to be heard in Clean Water Act settlement

Franklin Circuit Court Judge Phillip Shepherd heard arguments February 18 as to why an agreement between state officials and Frasure Creek Mining settling Clean Water Act violations should be thrown out.

“It is not a settlement without all parties in agreement,” said Mary Cromer on behalf of KFTC and other intervenors in the case. “We were given status as full parties – the hearing officer found our interests were likely to be adversely affected.”

The case goes back to 2011 after Appalachian Voices and other groups exposed thousands of Clean Water Act violations by Frasure Creek, as well as the failure of state environmental officials to notice or act on those violations.

State officials responded by initiating an administrative enforcement action against the company. The groups asked to intervene in the case and were granted status by the hearing officer as full parties in the case.

But state officials ignored the hearing officer’s decision and negotiated a settlement without involving the intervening parties or getting their approval of the Agreed Order.

The intervening parties are Appalachian Voices, Kentucky Riverkeeper, Waterkeeper Alliance and KFTC, represented by the Appalachian Citizens Law Center and Cromer.

“The entry of the Agreed Order violated due process,” Cromer said.

In addition, the intervenors claim the order “was not supported by any substantial evidence.”

The Agreed Order was signed by Energy and Environment Cabinet Secretary Len Peters in April 2013.

Arguing for the cabinet, Mary Stephens called the Agreed Order “a reasonable exercise of the secretary’s discretion.”

“How is the court supposed to decide the Agreed Order is supported by substantial evidence when there was no hearing and the intervening parties have evidence the cabinet would not consider?” Judge Shepherd asked. “We don’t have the benefit of a record that contains the facts.”

Stephens said the record does not have to contain “all facts,” only enough to make a decision.

Cabinet attorney Chris Fitzpatrick said the cabinet can resolve a case without a hearing. And since there was no hearing, the normal rules of procedure don’t apply.

“They made up a process that allowed this to be settled before it got to a hearing,” Cromer said.

Shepherd asked if there is no hearing, how are the parties heard. “If you want to circumvent a citizen’s right to a hearing, that would be a pretty good way to do it.”

The intervenors are asking Shepherd to vacate the Agreed Order and remand the case back to the hearing officer, with discovery and evidentiary rights for the intervenors.

Judge vacates Bush-era Stream Buffer Zone rule Residents of eastern Kentucky and other areas where tion’s decision to not consult with appropriate federal agencoal is mined got a long-sought victory in February when a cies before issuing the new rule was wrong. federal judge vacated a 2008 Bush administration rule that “The record is clear that the 2008 Rule ‘may affect’ essentially eliminated the Stream threatened or endangered species or Buffer Zone rule. critical habitat … [and] may lead The buffer zone had been The SBZ rule required a 100to more, or at least, different sorts put in place in 1983 to keep foot buffer around streams to protect of, incursions into the stream buffer mining out of streams and a them from mining activity. The Bush zone than the 1983 rule, thereby administration had removed this short distance away from occu- potentially affecting listed species or protection through a midnight rule- pied buildings and public roads. critical habitat,” Rothstein wrote. making in 2008.

The buffer zone had been put in However, it was largely ignored Several groups went to court place in 1983 to keep mining out of by both Democratic and Reclaiming this action was illegal, instreams and a short distance away cluding one lawsuit KFTC joined publican administrations, which from occupied buildings and pubwith several other state and national lic roads. However, it was largely routinely allowed the dumporganizations. ignored by both Democratic and ing of toxic mining wastes in After taking office, the Obama Republican administrations, which streams in the form administration agreed the Bush adroutinely allowed the dumping of of valley fills. ministration’s action was unlawful toxic mining wastes in streams in and pledged to reverse it. Because of the form of valley fills. that, the lawsuits were put on hold.

As a result, more than 1,400 miles of streams in Central However, the U.S. Interior Department failed to follow Appalachia have been buried, according to federal studies, through by the deadline it had agreed to. So the legal chal- including 500 miles in eastern Kentucky. Sedimentation, lenges were revived last year. largely from mining, is by far the worst pollutant in most The recent ruling came in response to an action filed eastern Kentucky streams, the majority of which are classiby the National Parks Conservation Association alleging the fied as “impaired.” buffer zone action violated the Endangered Species Act and Lawsuits by groups in West Virginia and Kentucky to other laws. force the Bush administration to enforce the buffer zone rule Judge Barbara J. Rothstein of the U.S. District Court resulted in administrations just changing the rules, leading for the District of Columbia ruled that the Bush administra- to the latest court action.

TERI BLANTON, I LOVE MOUNTAINS DAY … Sadly, my home community today is an uncontrolled toxic mess. On all sides of the valley where I grew up, the mountains were blasted apart by mountaintop removal and strip-mining.

The mines are long closed, but acid mine drainage continues to flow down one side of the hill. Toxic mine drainage oozes down the other. Toxic orange water runs constantly into the headwaters of the Cumberland River.

Most people I grew up with are now dead, many of them from cancer caused by exposure to illegally dumped industrial waste. Many who remain, including myself and my family, have debilitating health conditions.

My story is not unique. From eastern Kentucky to West Virginia to the West End of Louisville to Tennessee to North Carolina, we are all connected. We may live in different hollers, but we share the same story of environmental injustice.

Poor communities and communities of color have always been targeted by destructive and polluting industries, while our elected officials and public agencies looked the other way. … These are familiar stories. They are important stories. But they can’t be the only stories we tell about ourselves.

It’s time for us to write a new story.

I believe that together we can build a healthy democracy, a strong economy, and a clean environment in eastern Kentucky.

We can create an economy that is based on cleaning up and caring for our most precious resources: our people, water, forests, soil and air.

We have to have a vision. We have to demand and vote for it. We have to organize and build it together.

For example, let’s put thousands of people to work restoring the places we love in eastern Kentucky. There are funds sitting in Washington today that are supposed to be used to clean up abandoned mine sites.

Why not invest that money in projects to reduce legacy water pollution? … Let’s create a new energy revolution in this state, a New Power revolution.

As I often say, our workers in eastern Kentucky powered this state and nation for the past century. They should be at the forefront as we transition to cleaner energy sources. … There are no short cuts to this work. We must build a strong, grassroots, New Power movement.

That work starts by declaring what we are for, not just what we are against. We are for clean drinking water, clean air and healthy communities. We are for doing everything possible to make our homeland safe and healthy for our children and grandchildren …

We need you. We need your strength. We need your energy.

14 | Balancing the Scales

www.kftc.org | March 11, 2014

Economic justice update

Opportunity to progressively reform tax code before lawmakers Two years after the Blue Ribbon Commission on Tax Reform concluded its research, and for the first time since becoming governor, Governor Steve Beshear has proposed a tax plan.

The governor’s proposal includes some policies that are familiar to KFTC members. He included an Earned Income Tax Credit at 7.5 percent of the federal credit. That is only half of the EITC included in both the Kentucky Forward Plan (House Bill 220) and the Blue Ribbon Commission’s recommendations, both of which call for a 15 percent EITC. A 7.5 percent tax credit would mean that families who qualify for the highest credit (earning just over the minimum wage and with three or more children) would receive a credit of about $350 annually.

The average credit would be $171.6 – not necessarily enough to qualify the measure as an anti-poverty tool, but a small step in the right direction.

This measure, however, isn’t enough to lessen the regressive nature of Kentucky’s tax structure, which asks a higher percentage of low- and middle-income Kentuckians than from the state’s wealthiest.

The governor’s proposal also includes a sales tax expansion to services. Whereas the Kentucky Forward Plan proposes an expansion to services that would not carry impacts for low- and moderate-income Kentuckians, such as limousine services and chartered flights, the governor’s proposal includes policies that are regressive, like car repairs and farm machinery repair.

The inclusion of these policies is especially disturbing for many in light of the plan’s corporate tax breaks.

Currently, Kentucky taxes corporations using a formula that includes property, sales and payroll. This ensures – to a degree – that multi-state corporations pay their fair share of taxes in Kentucky for the services and infrastructure that help them grow the business.

The Kentucky Forward Plan proposes strengthening corporate taxes by closing some significant loopholes. The governor’s proposal, however, would move Kentucky to what is called a Single Sales Factor corporate tax, which means corporations would only pay taxes on what their sales in the state.

This would be a big boom for multi-state organizations like YUM! Industries, costing Kentucky $154 million a year, and wiping out one-third of state corporate income tax revenue.

The governor’s plan also offers significant tax cuts to the horse and bourbon industries.

The corporate tax cuts were included in the name of competitiveness. But members present at the plan’s committee hearing question the strategy of cutting our way to the top.

The plan only raises $210 million – not even enough to meet the state’s pension obligations.

By comparison, The Kentucky Forward Plan would raise about $860 million and the Blue Ribbon recommendations would raise around $650 million.

Paul and JoAnn Schwartz of northern Kentucky were among KFTC members who were at a Feb. 11 legislative hearing to learn about the governor’s plan.

Distributional impact (state and local taxes) of governor’s tax plan as percent of income.

“What about the Forbes study that says that Kentucky is ranked 46th in the availability of skilled labor? Why don’t we invest in that, build out from our people to create a more skilled workforce?” JoAnn asked. “They’re trying to make our state cheaper and cheaper.”

Paul added, “We’ve got to step up and say, ‘Listen, the best commodity that we have is our people. That’s why we need revenue – to invest in our people.’”

The Kentucky Center on Economic Policy put together a great analysis of the governor’s plan in their “Measuring the Tax Plan Against Key Principles” and “Tax Plan Misses Opportunity to Make Overall Tax System Fairer.”

KCEP also worked with the Institute of Taxation and Economic Policy to offer an impact study, showing how the plan would impact Kentuckians across income levels.

ITEP found that the plan doesn’t really have an impact on the degree of fairness in Kentucky’s state and local taxes – something that many say is a lost opportunity to make real

progress.

The legislature does have the opportunity, however, to make real progress toward joining Kentuckians building new economic power.

The Kentucky Forward Plan (HB 220) would help lift thousands of working Kentuckians out of poverty and into economic stability with a robust EITC. Additionally, it would improve the quality of life in Kentucky through raising revenue – about $860 million a year.

These important reforms could be complimented by a set of bills – HB 191, HB 1, and SB 215 – that would raise the minimum wage and tipped wages and enact pay equity laws.

It’s not clear that any of these bills will pass, but they should. Anyone interested in joining the efforts to support these policies may contact KFTC’s Economic Justice Organizer Jessica Hays Lucas at 859-276-0563 or Jessicabreen@ kftc.org.

Local Option Sales Tax is no silver bullet

by Linda Stettenbenz … What if we valued the people of our communities, our neighbors? What if we said to them, your health and happiness and opportunities for a better life matter? What if we kept the focus on truly valuing our local economies? We want real opportunities for all of us to support our healthy local economies. We all benefit when kids in foster care are safe, well nourished and educated; when we have clean air and water; and when libraries stay open.

Let’s keep working together to get fair and adequate tax reform that makes the Kentucky we want possible.

Read more at www.kftc.org/LOST

www.kftc.org | March 11, 2014

Balancing the Scales | 15

Local updates

Lexington council and mayor vote to table affordable housing trust fund; Central Kentucky KFTC members mobilize Rupp Arena is known throughout the state and the nation as the home of the University of Kentucky men’s basketball team. For many, Rupp Arena is a symbol of pride and legacy. It can also be a symbol of something else in Lexington: the number of people who cannot afford housing would fill up Rupp Arena twice.

One in five people in Fayette County cannot afford to live there, and on February 25 the Lexington Fayette Urban County Government showed where their priorities lie. They tabled a vote to establish an affordable housing trust fund for Fayette County, yet have found no problem funding projects such as $1 million for the 21c Museum Hotel and $5.5 million dollars in design costs for a redesign of Rupp Arena.

“We have done study after study on this issue and we are still studying. We don’t need to wait or study any longer.

We know what the problem is and we need to take action,” said KFTC member and community activist Teddi SmithRobillard at a recent meeting of the Mayor’s Commission on Housing and Homelessness. “The mayor has already spent over $5 million on Rupp Arena and they haven’t moved or dusted off one brick yet, but we cannot create a fund for affordable housing. There’s something wrong with this picture.”

Smith-Robillard’s comments were met with applause from the crowd.

The Central Kentucky KFTC Chapter has worked with local allies to push for the creation of an affordable housing trust fund for Fayette County. The decision to table the vote proved to be a reminder of why this issue is so important.

The campaign to create a trust fund has been pushed by local allies, primarily BUILD (Building a United Interfaith Lexington through Direct Action), for the past seven years.

The trust fund is a pool of money from a dedicated funding source that creates quality, affordable housing in Lexington, for people who spend more than 30 percent of their income on rent and utilities. At the hearing, Councilman Steve Kay proposed dedicating 1 percent of the current 5 percent insurance premium tax to be a dedicated funding source to begin an affordable housing trust fund.

At the council meeting, council members heard from consultants who completed the latest in a series of studies over the years that let citizens and local government know exactly how severe this problem is.

According to the study by CZB Consultants, 6,000 households are paying more than 30 percent of their wages for rent or live in substandard or overcrowded conditions.

And Lexington is losing 400 more affordable units every year. Right now, it would cost $36 million to address the city’s housing crisis.

After discussion of Kay’s proposal, the council decided to delay action and table the proposal until April 15, after Mayor Jim Gray’s budget address on April 8.

Mayor Gray stated that he would put money in the budget for affordable housing, but he did not disclose how much. The vote to table was tied, with seven council members voting to take action on the proposal and seven voting

to table the issue. Mayor Gray cast the deciding vote that tabled the trust fund.

Council members Chris Ford, Shavawn Akers, Harry Clarke, Diane Lawless, Kevin Stinnett and Chuck Ellinger voted against tabling. Vice Mayor Linda Gorton, council members Peggy Henson, Ed Lane, Jennifer Scutchfield, George Myers, Julian Beard and Bill Farmer voted to table.

“I’m disappointed for low- to moderate-income people in Lexington who want to stay here and live and work,” council member Ford said. “I’m disappointed, Mayor Gray, and I will say this publicly, in your vote to table discussion. If we were talking about Rupp Arena, I’m certain that 7-7 vote to table would have gone differently.”

Despite the mayor’s commitment to include money for affordable housing in the budget, the trust fund needs a dedicated source of funding and not just a one-time line item in the budget. Louisville has an affordable housing trust fund, but it has struggled due to a lack of dedicated funding.

Lexington has the opportunity to learn from Louisville and establish the trust fund with a dedicated funding source so that it can be effective from its inception.

“Every month is a struggle, and even though I love living in this town and want to see it become a better place, it feels like the mayor and city council don’t want folks like me to live here,” said KFTC member Greg Capillo.

Even though the decision was discouraging to members and citizens throughout Fayette County, the chapter and other allies are using it as a way to mobilize.

Brett Ratliff, John Harrod, and Mason Cobly participated in an old-time jam at the 7th Annual Lex Loves Mountains at Al’s Bar on February 8. The Central Kentucky chapter hosted two major fundraiser events in early February, rais-

CENTRAL KY CHAPTER MEETING The next chapter meeting is Thursday, March 20 at 7 p.m. at The Episcopal Mission House KFTC members and allies are looking for ways to continue to highlight the issue and push forward for a dedicated source of funding for the affordable housing trust fund.

Come to a CKY chapter meetings or contact Beth Howard, CKY chapter organizer, for more information and to get involved.

Every voice matters. If you live in Fayette County, be sure to reach out to your Lexington Fayette Urban County Council member and to Mayor Jim Gray and let them know you sup­ port the creation of an affordable housing trust fund with a dedicated funding source. Find contact information for your council member and Mayor Gray at www.lexingtonky.gov.

If you are a resident of Fayette County and have difficulty affording housing and would be willing to share your story with others, contact Beth Howard at bethhoward@kftc.org or call the Central Kentucky KFTC office at 859-2760563.

ing more than $15,000 and recruiting more than 75 new members. Thanks to all the musicians, artists, performers and beard growers who made the Whiskers event and Lex Loves Mountains possible.

16 | Balancing the Scales

www.kftc.org | March 11, 2014

local updates

Southern Kentucky members to celebrate launch of renters’ handbook Later this month, Southern Kentucky chapter members along with the Homeless and Housing Coalition of South Central Kentucky will have a chance to celebrate the successful launch of the Barren River Area Renters’ Handbook.

This project has ignited a spirit of engagement across the Western Kentucky University campus and the community, resulting in a strong partnership between faculty and students in the Sociology Department and the coalition.

In the spring of 2013, the coalition was awarded an Alive Center Community Development grant for the Barren River Area Renters’ Handbook Project. The goal of the project is to ensure that a safe, stable, and affordable home is possible for the more than 67,000 renters in the Barren River Area.

Although everyone deserves a safe and stable home, it is not a guarantee for renters in this area. The project is proactively working on this community issue by: 1. Equipping renters to navigate the legalese of leases through an informational multi-language handbook; 2. Empowering renters to share stories and pool resources in participatory workshops in order to make their voices heard; 3. Engaging renters and developing their

leadership to make their community a vibrant place to call home.

Collaboration began on WKU’s main campus, with Dr. James Kanan leading the effort as the fiscal sponsor and Dr. Holli Drummond providing the project an intern for the fall and spring semesters.

Sharon Leone, the fall intern, coordinated a dedicated group of translators who donated their services to translate the handbook into Spanish, Swahili and Arabic.

On the WKU Glasgow campus, Dr. Nicole Breazeale partnered with the coalition to use the project as a service-learning component in her Poverty & Inequality class and her Research Methods class. The students collected renters’ stories from across the Barren River area, developed curriculum for the renters’ workshops, and created accompanying evaluative tools to assess the effectiveness of the project.

By the end of the semester, the students became community leaders in Glasgow and are continuing to build momentum to improve the quality of life for renters in Glasgow. The students wrapped up these assignments with reflection papers about their participation in the project. Below are some excerpts from their papers: The most meaningful part of this project to me

MEMBER PROFILE: SARAH MARTIN, LEXINGTON

I am a member of KFTC because I care deeply about where I come from. I was born and raised here and continue to live my life on this blue-tinted grass.

When I think of what home is, of what it means to me, I think of Kentucky.

I think of the strength and depth it took my family to raise me, I think of my Granny’s corned beef and cabbage, and I think of the Rose Mallow, Ironweed and Goldenrod on my Grandmomma and Granddaddy’s land as I would lie in a pasture on a summer’s day, feeling free as a bird.

I love this state and I love its people, because its people are my people. My family taught me that while we might have our differences, you should care for others as if they were your own blood.

Because of that, I want the best quality of life for all of our citizens, from the most vulnerable to the most comfortable.

We all deserve goodness, and KFTC allows me to bring that wish to fruition.

The work we do is meaningful. The work we do works.

Becoming a part of our KFTC family adds one more voice and one more decibel to our group. We may have 8,236 members currently, but 8,237 is just “that” little bit louder and just “that” little bit stronger.

KFTC members Dana and Evie Beasley Brown (far right) visited Jennifer Wansack’s class at Warren Elementary to talk about the renters’ handbook project. The students’ designs are featured throughout the handbook

is trying to give people a voice. Giving someone a voice is one of the important gifts anyone can give.

This has been the most challenging, exciting, educational, and life changing class that I have ever been a part of … We are making change happen. I am honored and amazed that I have been a part of something so powerful and life changing!

Participating in a service-learning project was a new experience for me. It not only taught me about renters’ rights, but it also encouraged me to challenge my assumptions on other similar issues. I learned how to inspire a community and make a difference in the lives of others.

I could not be more proud of what my students accomplished with this service-learning project. They created, put on, and learned how to evaluate a community workshop that was participatory in nature and inspired action on the part of the participants. It was a tremendous effort in critical thinking and creative problem-solving that allowed them to learn about a pressing social problem and directly apply what they learned to improve the situation for renters in this region. I was deeply moved and impressed by their work. Furthermore, the opportunity to work with Dana Beasley Brown and the Housing Coalition on such an important project was personally transformative. Dana’s dedication to the project and willingness to support the efforts of my students was amazing, and it made the whole process so enjoyable and inspiring.

-Dr. Nicole Breazeale

Back on WKU’s main campus, the public relations and advertising firm ImageWest partnered with the coalition to design the renters’ handbook. ImageWest formatted the handbook and worked with art students from Warren Elementary to create the illustrations. One of the ways this project has sent ripples of change across the community is the way ImageWest raised funds to double the Warren Elementary yearly art budget when they heard about the bare bones funding schools have for art programs.

This spring, the ICSR Department (Institute for Citizenship and Social Responsibility) is building on this momentum. Students from Professor Nic Hartmann’s Social Problems course are stepping up to facilitate workshops to empower renters and organize a canvassing project to get the handbook into the hands of renters in the community.

Many other students, faculty and staff continue to contribute to the project, including translating the workshop curriculum into Spanish, developing a social media campaign and throwing a launch party for the unveiling of the handbook on March 24 (on WKU’s campus at the Faculty House from 4:30 - 5:30 p.m.).

“The WKU students, staff and faculty who have joined this project alongside of the community partners have gone above and beyond to make this project a success. Because of everyone’s dedication and hard work, the Barren River Area Renters’ Handbook Project is making a positive and sustainable impact on our community,” said Dana Beasley Brown, the handbook project coordinator and KFTC member.

www.kftc.org | March 11, 2014

Balancing the Scales | 17

LOCAL UPDATES

Members find ways to participate in the General Assembly from afar It’s a long drive from eastern Kentucky to Frankfort; a full day’s work, to say the least. That’s why members of the Letcher County KFTC Chapter got creative to lift their voices around important issues this legislative session.

Several chapter members hosted a Mountain Talk program on local community radio station WMMT 88.7 FM. The program’s theme of Voting Rights in Kentucky followed up on a recent radio news piece covering a lobby day and rally at the state capitol organized by the Kentucky Voting Rights Coalition.

The Mountain Talk featured clips from that rally as well as commentary from former felon Kristi Kendall from Floyd County, retired judge Jim Bowling from Bell County, and the father of a former felon and coal miner, Carl Shoupe of Harlan County.

Besides the too often told story of firsthand disenfranchisement of themselves or family members, Judge Bowling gave powerful testimony of his experience sitting on the bench, forced to hand down harsh felony convictions for offenses that once were misdemeanors.

“My eyes eventually opened to the futility of this approach when I began to see kids on my docket who I had coached in Little League, or boys who had played in my yard, or star athletes and beauty queens from good families and hundreds more just like them. None of these kids were real criminals. Many of these kids have been imprisoned or have completed the terms of their probation. They have paid their debt. A majority of them have cleaned up their act and are now productive citizens. If we the people continue to deny these folks the right to vote we will end up with a new class of citizen, the politically disabled.”

You can hear the recording of this program and the full radio piece, with clips from the capitol rally, about Voting Rights on WMMT’s Mountain News & World Report and more about Mountain Talk on www.wmmt.org.

Also in recent weeks, Sharman and Jeff Chapman-Crane hosted the eighth annual ‘Crepes of Wrath’ brunch and letter-writing party. Half a dozen people gathered on Pine Mountain in Eolia for delicious breakfast crepes and produced dozens of letters to legislators and ballots for I Love Mountains Day 2014.

Their letters, addressed to eastern Kentucky’s representatives and senators, asked for voting rights and a stronger democracy, policies to save money and create jobs with clean energy solutions, and a fairer tax structure to move Kentucky forward.

The ballots, created to deliver at I Love Mountains Day, asked for the chance to vote for “clean, affordable energy, higher minimum wage, clean water, and good jobs in eastern Kentucky” to name a few.

The chapter hosted a final General Assembly Mountain Talk focused on economic justice, tax reform and the statewide budget crisis. The show was hosted by Mimi Pickering, a member of KFTC’s Economic Justice Committee, and featured in-studio guests Tom Sexton of the Whitebsurg City Council and Leatha Dollarhide, a senior citizen who had her SNAP benefits cut.

Kentucky Center for Economic Policy Director Jason Bailey called in to speak about the center’s ongoing work to address economic issues in the commonwealth. One can hear this recorded program and learn more about Mountain Talk, locally on 88.7 FM or online at www.wmmt.org.

LETCHER COUNTY MEMBER CHARLIE HALL TO REP. KEITH HALL “I am a resident and property owner in Pike and Letcher Counties and can clearly see that the state tax structure needs reform. I am asking that you give serious consideration to supporting the ‘Kentucky Forward Plan.’ It could go a long way to ease the burden of Kentucky’s poorest. Lower and middle class workers are the backbone of production and put too much of their dollars back into a system that is not working. Please support House Bill 220 and shift some of the burden to the upper class and still provide incentives for economic expansion.”

REFLECTIONS FROM A FIRST-TIME LOBBYIST KFTC ally Network Center for Community Change (NC3) recently posted this from its member Ashanti Dallas who had lobbied in Frankfort for the first time for HB 70.

“This was my first time lobbying in Frankfort, I was so nervous that I began to dread it. To my surprise by the end of the day the only thing I was dreading was walking down all those stairs.

I met so many interesting people that day and was so inspired! I became inspired when Honey Dozier spoke about politics, how it means change and that we as humans are engineered to make change. After hearing that I was hooked! It motivated me so much because I had never thought of humanity in that way. Really, I had never thought of myself in that light. Engineered for change, I love it! My first time lobbying was enlightening, motivating, and inspiring. I cannot wait to go back!”

Learn more about the inspiring work of NC3 members at http://makechangetogether. org/

18 | Balancing the Scales

www.kftc.org | March 11, 2014

LOCAL UPDATES

Great crowd and lots to learn at Growing Appalachia conference About 190 people attended KFTC’s fifth annual Growing Appalachia conference in Prestonsburg, a record for the one-day event focused on ways people in eastern Kentucky can earn or save money or grow a business through agriculture and clean energy solutions.

“What we are seeing across eastern Kentucky is nothing short of revolutionary,” said panelist Ralph Davis who manages the Floyd County Farmer’s Market. “People are returning to family farming. They are taking ownership of their lives and doing something new. Farming is an act of creation.

And it is one of the ways this region can heal.”

Among the crowd were many students and teachers, including 15 middle schoolers from Letcher County, high school students from Floyd County, and college students from the University of Pikeville and Prestonsburg Community College, among others.

“We are just getting started this year with a garden at our school and have plans to build a greenhouse,” a teacher from Letcher County explained. “We are all learning together and thought this would be a great experience.”

The conference featured nine workshops, from which people could choose three, plus a panel discussion about local community development efforts in Elkhorn City, Whitesburg, Prestonsburg and Hazard.

Workshop topics included organic pest control, bio-intensive gardening, farm-toinstitutional marketing, ways to use wood for energy, collecting and marketing wild edibles and medicinal herbs, do-it-yourself home weatherization, on-farm renewable energy, and two workshops featuring panels of people who are farming and starting new businesses in the mountains.

In a workshop about marketing farm

produce to schools, hospitals and other institutions, Terry Crist, who serves as Executive Chef at Manchester Memorial Hospital, described his definition of local food.

“I don’t define local as anything grown within a 100 or 200 mile radius. To me, local food is grown by someone I know. The relationship between producers and institutions is like a marriage. You learn together over time.”

Two experienced home builders led a workshop about do-it-yourself strategies to tighten up leaky houses and reduce home energy costs.

“Our specialty is building energy efficient, affordable homes for citizens of Harlan, Leslie and Bell counties,” explained Blake Enlow, executive director of a nonprofit housing group known as COAP. He and Chris Woolery, an energy specialist who works with MACED (Mountain Association for Community Economic Development), discussed many of the least-cost, highest-value energy upgrades homeowners can make.

“Insulating the attic and floors is like putting a hat and socks on your house,” Woolery explained. “The important thing to keep in mind is that these investments pay for themselves.”

Several of the most well-attended workshops focused on best practices for gardening and collecting wild plants. Cathy Rehmeyer described her strategies for growing food on a small lot in Pikeville.

“I’m here to say that you can work full time, have a family and still grow a tremendous amount of food,” she said. “I grew one ton of food on 6/100 of an acre. And I grow food all year round.”

Janet Meyer described ways to minimize crop pests without using many chemicals, including crop rotation, planting a diversity of crops, creating habitats for helpful insects,

Dave Fisher of Railroad Street Mercantile, Mike Slone of 23 Brewing Company, and Jenn Noble of Treehouse Café and Bakery during the Mountain Entrepreneur panel.

and physically removing pests and diseased plants.

Lastly, Cody Montgomery of Morehead was back by popular demand to share his vast knowledge of wild edible and medicinal herbs.

Among the workshops offered for the first time this year were two sessions on specific forms of renewable energy: one on various ways to use wood energy and another featuring ways to use renewable energy and energy efficiency to reduce on-farm energy costs.

Pete and Brenda Cashel of Terrapin Hill Farm described steps they have taken on their farm to reduce energy demand and generate more from renewables. Aaron Dourson of Powell County shared how he has built a kiln on his property to produce biochar, a form of charcoal that can be used to improve soil quality and sequester carbon dioxide.

Throughout the day, several speakers described ways they had benefited from participating in Growing Appalachia in years past.

Dave Fisher, a farmer who has recently opened a store selling local produce in downtown Whitesburg, shared his experience. “Last year at this time I had a vision, but I didn’t have it crystallized,” he said. “I came here and met people who were doing the things I was dreaming about. I learned about organizations like MACED (the Mountain Association for Community Economic Development) who could help me get started. Here in eastern Kentucky and the whole Appalachian region, we’ve always had hard times. But I see a lot of opportunity. Go search out MACED, KFTC, and Community Farm Alliance. You’ll find a lot of support.”

This year’s conference featured presentations by many local entrepreneurs and community leaders.

Lacy Hale, an artist from Whitesburg, described her work to develop a regional artists’ network called EpiCentre Arts.

“We believe that art is vital to the health and well-being of the individual and the community,” she said. “There is so much talent here: in fine arts, traditional arts, playing music and more. People are starting to see how important the arts are. We are excited to be part of that and help shape the future of our communities.”

Tim Belcher of Elkhorn City also spoke about the arts and adventure tourism as central parts of community revitalization

Cody Montgomery of Morehead was back by popular demand to share his knowledge of wild edibles and medicinal herbs. He shared how to identify, market and sell herbs.

efforts.

“When you are working as a community leader or organizer, you have to find the people in your community who have passion,” Belcher said. “Some people are into the arts. Some are passionate about whitewater. You’ve just got to learn what they care about and sent them in motion. And then, once you’ve got things moving locally, we’ve all got to work together as a region.”

Jenn Noble, owner of the Treehouse Café and Bakery in Hazard, was asked about her goals as a young entrepreneur. “My goal is to inspire other young people in eastern Kentucky to follow their dreams, be creative, and make our communities better.”

This year’s Growing Appalachia conference was organized and hosted by the Big Sandy KFTC Chapter and cosponsored by MACED, the Community Farm Alliance, the Floyd County Farmer’s Market, and Grow Appalachia.

Members of the planning team included Todd Howard, Nathan Hall, Beverly May, Kathy Curtis, Martin Richards, Valerie Horn, Will Bowling, Chris Steele, and Cody Montgomery.

A locally sourced lunch featured meats, vegetables, and bread produced by Todd Howard, Berea College, Appalachian Meats, and the Bruno family of Holy Mountain Farm. Special appreciation is due to all of the workshop presenters and panelists who generously donated their time and expertise.

www.kftc.org | March 11, 2014

Balancing the Scales | 19

LOCAL UPDATES

Louisville Loves Mountains Week: Celebrating our common heritage

by Martha Flack The Jefferson County Chapter held Louisville Loves Mountains Week, a series of events leading up to I Love Mountains Day on February 12. Three events were scheduled to foster a better understanding of the African American culture in the Appalachian region, to learn more about the economic issues of the area, and to encourage participation in the I Love Mountains Day rally in Frankfort.

Sadly, our first event, “From Louisville to Appalachia: Celebrating Our Common Heritage” was postponed due to inclement weather. This event was rescheduled for Monday, March 17.

Our second event was an I Love Mountains Day PosterMaking Party at Four Sisters on Frankfort Avenue. This event was co-hosted by Kentucky Interfaith Power & Light.

About 30 people, including members of Our Earth Now, came to prepare posters for the rally and energize each other.

I took my two granddaughters, Courtney and Helena, and they had a great time creating and drawing, while learning about the environmental issues surrounding mountaintop removal mining and seeing that so many people care about those issues. We also enjoyed some wonderful Vietnamese cuisine for dinner. A huge thanks to Four Sisters for opening up their lovely space for this event!

The third event was the premiere film screening of “Appalachia 2050” at the Clifton Center. This new documentary film by Ralph Davis features interviews with eastern Kentuckians reflecting on the 50th anniversary of the War on Poverty. Interviewees also answer the question, What does Appalachia need to do to create the future it wants by the year 2050?

Louisville author Sam Avery facilitated a post-screening discussion featuring the filmmaker and four individuals interviewed in the film: Jonathan Gay, Tom Matijasic and KFTC members Jean and John Rosenberg.

This event exceeded everyone’s expectations with more than 200 attendees, raising more than $1,100 and completely overwhelming the filmmaker. In attendance was Anne Caudill, widow of Harry M. Caudill, renowned Kentucky author, historian and environmentalist.

In a posting on Facebook, Davis wrote, “It was Harry Caudill’s book Night Comes to the Cumberlands that inspired my lifelong interest and pride in my Appalachian heritage, and shaking Anne’s hand that night was nearly a religious experience.” Davis also wrote, “The night went far beyond my wildest dreams. [T]he film accomplished exactly what I wanted – it ignited thought and conversation. I have said all along that it mattered very little to me whether or not people liked or remembered the film after watching it, as long as it helped spark a dialogue about what to do next.” It was a truly remarkable night for all.

This was Jefferson County’s first Louisville Loves Mountains week, and quite a success, I think. As previously mentioned, we rescheduled our first event, “From Louisville to Appalachia: Celebrating Our Common Heritage,” which will be held on Monday, March 17, 7-10 p.m. at Hillbilly Tea, 120 S. 1st Street in Louisville.

Please come celebrate Kentucky’s African American

heritage in Appalachia. Kentucky writers, musicians, and eastern Kentuckians will share their work and personal stories in celebration of the unique natural beauty, ecological importance, and cultural heritage of Kentucky’s Appalachian Mountains and mountain communities.

The evening lineup includes: musicians Randy Wilson, Sara Soltau, Cari Norris, and Cynthia Fletcher, poets Amber

Burns and Tarsha Semakula, speakers Cassia Herron and Matisa Wilborn, and long-time KFTC and Eastern Kentucky Social Club members Benny Massey and Rutland Melton. There is a $5 suggested donation, and a cash bar and food available for purchase. Contact our chapter organizer, Alicia Hurle, if you have any questions about the event, 502589-3188 or alicia@kftc.org.

Fourth Northern Kentucky Loves Mountains On February 15, the Northern Kentucky KFTC Chapter held its fourth Northern Kentucky Loves Mountains event at Velocity Bike and Bean in Florence, an event aimed at raising awareness about mountaintop removal and the opportunities for clean energy across Kentucky.

More than 100 people to hear long-time KFTC member and poet Jim Webb, who read from his new book Get In, Jesus; northern Kentucky-based Urban Appalachian poet Scott Goebel, who helped edit the book; and musical performances from the Red Cedars featuring Kentucky Graham and from Ma Crow and the Lady Slippers.

One feature that impacted people who attended was the connection all of the performers and speakers shared.

Member Dinah Devoto shared the story of her mother having to sell her land to be strip mined, and the dream she and her sister have to one day restore the land where they grew up.

Ma Crow spoke about the devastation in her native Tennessee, while member Hope Marksberry-Mullens shared her love for her native Cumberland in Harlan County, and the story of her grandfather fighting to protect their family’s land.

Members were able to raise more than $300 to support KFTC’s work, and many pledged to take additional actions to promote a New Power future that relies on clean energy, clean water and a more participatory democracy.

20 | Balancing the Scales

Telecom deregulation attempts to hurt rural Kentucky, again

Senate Bill 99, known as the AT&T bill, is back in the Kentucky legislature, along with a big herd of telecommunications lobbyists. The bill was defeated last year largely because of its impact on Kentucky’s rural communities, which would have been essentially written out of landline access.

This year’s iteration of the AT&T bill purports to have “fixed” that concern. In reality, the bill is just as bad as it ever was.

This year, the bill goes about deregulation another way: if SB 99 becomes law, AT&T, Windstream and Cincinnati Bell would not have to provide stand-alone wire-line basic local phone service to any new homes, apartments and businesses in areas with less than 15,000 households where there isn’t already a landline, and can instead offer “wireless home phone service.” So, if a renter cuts off phone service when they move out, AT&T wouldn’t have to restore service when another renter moves in.

The Kentucky Resource Council estimates that were the bill to pass, more than 11,000 households could lose access to landlines.

Mimi Pickering is a KFTC member in Letcher County who is also a member of the Rural Broadband Policy Group of the National Rural Assembly. In a recent op-ed in The Courier-Journal she wrote: Senate Bill 99, the AT&T Bill, is a great deal for the telecommunications giants AT&T, Windstream and Cincinnati Bell. It will allow them to abandon their least profitable customers and service areas as well as public protection obligations. But it is a risky and potentially dangerous bet for Kentuckians. Kentucky House members should turn it down.

Everyone agrees that access to affordable high speed Internet is a good thing for Kentucky. However, despite what AT&T officials and their numerous lobbyists say, SB 99 does nothing to require or guarantee increased broadband investment, especially in areas of most need. When AT&T Kentucky President Hood Harris wrote in the Herald Leader that Kentucky’s outdated laws force the company to invest in outdated technology instead of broadband, he failed to mention that AT&T turned down federal funds to build out broadband in un-served areas -- they don’t want the “obligations” they would have to meet.

Most Kentuckians would also agree that a phone call is a phone call whether made from a regular phone line or a wireless phone or over the Internet. And we want our phone service to reflect the communications principles that have long been part of U.S. law. Those principles enabled the growth of the greatest communications system in the world. It is a system that guarantees affordable service to anyone no matter where they live. It promotes and encourages competition ensuring that a call from one telecommunications company can be received by an individual using another service. And it provides public safety through 911 connection and other emergency services.

The Federal Communications Commission is beginning trials to gather information on how these fundamental communications values can be maintained as we switch to new technologies. AT&T officials are on record saying this is the best place to have this IP transition discussion. But if the Kentucky General Assembly passes SB 99, AT&T, Windstream and Cincinnati Bell will be released from their current requirements to provide universal service and public protection before the FCC looks at innovative ways forward.

In other states that have let the telecommunication corporations deregulate, prices for phone service have skyrocketed. And AT&T and other large providers have pushed bills to eliminate competition from municipalities, non-profits and innovators like Google Fiber.

How is this good for Kentucky? There is no good reason for the General Assembly to rush the AT&T Bill thorough and surrender the rights and protections guaranteed to us under our long-standing communications laws. SB 99 is bad news and big trouble for all of us, unless of course you are one of these telecommunication giants.

KFTC opposes SB 99, which is in the House Economic Development Committee after passing through the Senate in January.

ACTION:

Call the toll-free legislative message line at 1-800-372-7181. Leave a message for your representative, House leadership and the members of the House Economic Development Committee: Something like, “I urge you to keep the phone lines open by stopping SB 99, the AT&T bill.”

Many thanks to Mimi, AARP and the Kentucky Resource Council for helping Kentuckians speak out for public safety and affordable access to reliable communication services!

www.kftc.org | March 11, 2014

CALENDAR OF EVENTS CHAPTER MEETINGS March 17 Perry County Chapter Meeting 6-7 p.m., HCTC Tech Campus, 101 VoTech Drive, Room 118, Owens Building Hazard Info: Jessie@kftc.org or call 606-263-4982 March 18 Northern Kentucky Chapter Meeting 7 p.m., Roebling Point Books and Coffee, 306 Greenup Street, Covington, Info: Joe@kftc.org or call 859-380-6103 March 19 Rowan County Chapter Meeting 6 p.m., Fuzzy Duck/Coffeetree Books 159 East Main St. Morehead Info: Sara@kftc.org or call 606-632-0051 March 20 Shelby County Chapter Meeting 6 p.m., Stratton Community Center, 215 W Washington St., Shelbyville Info: Carissa@kftc.org or call 502-208-1696 March 20 Central Kentucky Chapter Meeting 7 p.m. at the Episcopal Diocese Mission House (corner of Martin Luther King Blvd. and 4th Street) in Lexington.

Info: BethHoward@kftc.org or call 859-276-0563 March 24 Madison County Chapter Meeting 6:30 p.m. at Berea College Appalachian Center, 205 N. Main St., Berea.

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

March 25 Southern Kentucky Chapter Meeting 6 p.m. at The Foundry, 531 W. 11th Street Bowling Green Info: Denney@kftc.org or call 270-779-6483 April 3 Scott County Chapter Meeting 7 p.m. at the Georgetown Public Library, 520 Hollyhock Lane, Georgetown Info: Joe@kftc.org or call 859-380-6103 April 7 Wilderness Trace Chapter Meeting 7-8:30 p.m. at Inter-County Energy Community Room 1009 Hustonville Rd., Danville Info: Bethbissmeyer@kftc.org or call 859-314-2044 April 8 Letcher County Chapter Meeting 6 p.m. at the Courthouse Cafe 127 Main St. Whitesburg.

Info: Tanya@kftc.org or call 606-632-0051 April 14 Jefferson County Chapter Meeting 6:30 p.m. at the First Unitarian Church, 809 South 4th Street in Louisville.

Info: Alicia@kftc.org or call 502-589-3188 April 14 Big Sandy Chapter Meeting 7-8:30 p.m. at the KFTC Office, 152 North Lake Drive, Prestonsburg Info: Jessie@kftc.org or call 606-263-4982

EVENTS March 17: From Louisville to Appalachia: Celebrating Our Common Heritage, 7 - 10 p.m., Hillbilly Tea, 120 S. 1st Street, Louisville Info: Alicia@kftc.org or call 502-589-3188 March 21: Madison County Chapter Pie Auction 7 - 10 p.m., Union Church, 200 Prospect Street, Berea, KY 40403.

Info: Bethbissmeyer@kftc.org or call 859-314-2044 March 24: Barren River Area Renters’ Handbook Launch Party, 4:30 - 5:30 pm, The Faculty House at Western Kentucky University, Faculty House Drive, Bowling Green, KY 42101 RSVP & Info: Denney@kftc.org or call 270-779-6483