March 2015 - balancing the scales

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

BALANCING THE

VOLUME 34 NUMBER 2 MARCH 12, 2015

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

Members and allies keep fighting for voting rights amendment pg. 10

Jefferson chapter stands with adjuncts for economic justice.....................3

Rally celebrates 10 years of I Love Mountains Day at Capitol .......... 8

How$martKY offers money-saving energy efficiency improvements .........14

Eastern Kentuckians send love to lawmakers for Valentine’s Day..5

Legislators ignore landowners’ call for a hydraulic fracking moratorium.13

Members speak out for economic justice and fairness .................................. 15

2 | Balancing the Scales

Table of Contents

www.kftc.org | March 12, 2015

Local Updates is a statewide grassroots social justice orga­ nization working for a new balance of power and a just society. KFTC uses direct­action 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 Dana Beasley Brown, chair Carl Shoupe, vice chair Elizabeth Sanders, secretary-treasurer Tanya Torp, at-large member Sue Tallichet, immediate past chair

Chapter Representatives

Homer White, Scott County Christian Torp, Central Kentucky Lisa Montgomery, Rowan County Rick Traud, Northern Kentucky Ryan Fenwick, Jefferson County Alan Smith, Southern Kentucky Andrea Massey, Harlan County Russell Oliver, Perry County Meta Mendel-Reyes, Madison County Gwen Johnson, Letcher County Nina McCoy, Big Sandy Lee Ann Paynter, Wilderness Trace Leslie McBride, Shelby County Alternates: Rosanne Fitts Klarer, Scott County; Sarah Martin, Central Kentucky; John Hennen, Rowan County; Ben Baker, Northern Kentucky; Nan Goheen, Jefferson County; Dora James and Jeanie Smith, Southern Kentucky; Clair Stines, Harlan County; Katie Pirotina, Perry County; Megan McKinney, Madison County; Herb Smith, Letcher County; John Rosenberg, Big Sandy; Leah Bayens, Wilderness Trace; vacant, 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 Plaza Drive Suite #4, Lexington, Ky, 40503 or tim@kftc.org. Subscriptions are $20/yr.

Jefferson chapter stands with adjuncts for economic justice .....................................................................3 Members and allies co-host grassroots citizens lobby training ................................................................ 4 Eastern Kentuckians send love to lawmakers for Valentine’s Day .............................................................5 Northern Kentucky Loves Mountains ....................................................................................................................5 KFTC members and NAACP settle down to soul food and celebrate Black History Month..........14

2015 General Assembly KFTC’s 2015 Legislative Issues at a Glance ........................................................................................................ 6

Canary Project Update Rally celebrates 10 years of I Love Mountains Day at Capitol .................................................................... 8 Sean Hardy’s remarks from I Love Mountains Day.......................................................................................... 8 Kimberly Shepherd’s remarks from I Love Mountains Day .......................................................................... 9

Voter Empowerment Update Members and allies keep fighting for voting rights amendment .............................................................10

We Are Kentuckians Profile Martha Flack keeps showing up to learn from other KFTC members and to build a better and brighter Kentucky .............................................................................................................................................. 12

New Energy and Transition Update Legislators ignore landowner’s call for a hydraulic fracking moratorium. ............................................ 13 Vicki Spurlock’s testimony against fracking, for her family . ..................................................................... 13 How$martKY offers money-saving energy efficiency improvements ...................................................14

Economic Justice Update Members speak out for economic justice and fairness ................................................................................ 15 SOKY members work toward statewide renters’ rights bill........................................................................ 15

kftc.org/store ................................................................................................................................................................16

Join KFTC, renew your membership or make a donation Name: Address: City, State Zip: Phone: Email: I want to make my donation to the following organization (check one): ____ KFTC (not tax-deductible) ____ Kentucky Coalition (tax-deductible) Bank Withdrawal/Credit Card Payment Authorization: I authorize KFTC/KY Coalition to debit my account or charge my credit card in accordance with the information provided.

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

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

www.kftc.org | March 12, 2015

Balancing the Scales | 3

local updates

Jefferson chapter stands with adjuncts for economic justice Linda Stettenbenz, a Jefferson County member who serves on KFTC’s Economic Justice Committee, reached out to Jefferson Community and Technical College professors who are involved in an international movement to demand fair treatment for adjunct professors – professors who don’t have tenure and who often work for near-poverty wages with no job security from one semester to the next. Adjuncts at several colleges and universities opted for walk-outs; JCTC organizers opted for a teach-in.

The chapter decided to offer a statement of solidarity for the teach-in day. Stettenbenz, who took on drafting the statement and coordinating the chapter’s work on it, saw the collaboration as “a good opportunity for us to talk and listen about the connections between labor organizing and the need for fair and adequate revenue through tax reform.” The chapter’s statement is below: Statement of Solidarity with Jefferson Community and Technical College Adjunct Teach-In Day Members of Jefferson County Chapter of Kentuckians For The Commonwealth (KFTC) endorse the efforts of Jefferson Community and Technical College (JCTC) adjunct professors to improve the conditions of adjunct professors, students, and the community at large through a Teach-In on Wednesday, February 25, 2015.

JCTC serves 15,000 students on 6 campuses throughout Jefferson County. Many working parents, returning citizens and low-income adults find resources to improve their livelihoods through JCTC. The education and support that students receive helps build not only important opportuni-

ties for individual students but for the entire community to have better prepared professionals.

In order to best serve these outcomes, professors must be able to focus on their classes. With low pay, no benefits and no assurances of employment from term to term, teachers often juggle odd jobs and as many as ten classes on different campuses to make ends meet. Round after round of statewide budget cuts to higher education have made the situation continually worse.

We believe adjunct professors, students, and the community at large deserve better.

For 32 years, the Jefferson County chapter of Kentuckians For The Commonwealth has acted for justice and helped create a vision of a healthy local economy that values and sustains land, people and good opportunities for all. We speak out, offer and win solutions to make this vision a reality.

We understand that we all benefit when higher education is fairly and adequately funded. That’s why we lead efforts in Frankfort for fair and adequate revenue to invest in our communities. We have had incremental successes in these efforts, with much more to be done.

We are encouraged by the courage and leadership of adjunct professors to lead a public conversation about how we can do better together, and we look forward to further collaboration to help build the strong economy that values higher education and each other.

In solidarity, The Jefferson County Chapter of Kentuckians For The Commonwealth

When was your last gift?

Look at the cover of Balancing the Scales. Under your name we have listed your last gift date and amount!

Contributions to KFTC are not tax-deductible.

For tax-deductible gifts, make checks payable to the Kentucky Coalition.

Consider making a donation and renewing your membership. Suggested dues are $15-$50 annually.

Invest in KFTC?

Or sign up to become a Sustaining Giver! Becoming a Sustaining Giver is best for KFTC because it provides steady income to support the work throughout the year. It also allows you to give more than you might be able to give in a single donation.

Your donation to KFTC supports the important work we do to build a stronger democracy, including supporting constituents in talking to their legislators, monitoring activity in Frankfort, and giving members opportunities to take action on important bills. You also support our work to register and educate voters about where candidates stand on the issues we all care about.

@KFTC @NKY_KFTC @ScottCoKFTC @MadCo_KFTC @EKY_KFTC @JCKFTC @WT_KFTC @SoKyKFTC @VotingRightsKY @CanaryProjeCt 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 Elizabeth Adami, Jerry Hardt, JoAnna House, Alicia Hurle, and Carissa Lenfert 735 Lampton Street #202 Louisville, Ky 40203 502-589-3188 Whitesburg Tanya Turner and Sara Pennington P.O. Box 463 Whitesburg, Ky 41858 606-632-0051 Central Kentucky Tim Buckingham, Jessica Hays Lucas, Beth Howard, Enchanta Jackson, 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 Berea Lisa Abbott, Beth Bissmeyer, Amy Hogg, and Kevin Pentz 140 Mini Mall Drive Berea, Ky 40403 859-756-4027

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 Cover: Central Kentucky members (left to right) Jordan Mazurek, Greg Capillo, and Jesus Gonzalez participated in a prayer vigil for HB 70.

Photo by Hope In Focus: Steve Pavey Photography

4 | Balancing the Scales

www.kftc.org | March 12, 2015

Local Updates

Members and allies co-host grassroots citizens lobby training The Jefferson County Chapter of KFTC (JCKFTC) partnered with eight local allies to host a Grassroots Lobby Training on January 27. The two-hour training was free and open to the public and was attended by more than 80 community members, a majority of whom were new to grassroots lobbying.

Chapter members decided to organize the training to build on the momentum of their recent voter registration drive, which added hundreds of new voters to state rolls, and recent protests in the wake of the police killings of unarmed citizens in Missouri, New York, and Ohio.

Members also wanted to provide voters, protestors and other residents the tools needed to turn demands into policy change.

“Policy change and forceful legislation are at the heart of the Black Lives Matter movement,” said Chanelle Helm, activist with Women in Transition and founder of Stand Up Sunday. “When we collectively rise up, we are choosing to become engaged. For some of us, action is through direct action. For others, it is through policy change.”

In early December JCKFTC reached out to dozens of local allies, inviting them to co-host a grassroots lobby training before the 2015 Legislative Session.

ACLU of Kentucky, Fairness Campaign, Homeless and Housing Coalition of Kentucky, League of Women Voters of

Louisville, Louisville Alumnae Chapter of Delta Sigma Theta Sorority, Louisville Showing Up for Racial Justice, Center for Women and Families, and Preservation Louisville were the eight allies that co-hosted the training.

All Louisville residents interested in grassroots lobbying and advocacy, on any issue, were encouraged to attend, and organizers contacted local media about the training and reached out to their networks via social media and action alerts.

Co-hosts spent December and January crafting the training agenda and developing materials, and worked together to facilitate the training.

The training focused on the legislative process and provided best practices on how all Kentuckians can make their voices heard on local, state, and federal policy.

Former Louisville Metro Councilwoman Attica Scott

“When we collectively rise up, we are choosing to become engaged. For some of us, action is through direct action. For others, it is through policy change.”

GROWING

APPALACHIA

Saturday March 21, Jenny Wiley Convention Center, Prestonsburg, KY

SATURDAY, MARCH 21 9:00 a.m. – 4:30 p.m.

Jenny Wiley State Park

Join us for a day of workshops on skills for beginning organic gardening, on-farm renewable energy, small-scale mountain farming and more!

reviewed ways to lobby and advocate using social media.

KFTC member Michael Hiser shared his story as a returning citizen lobbying for House Bill 70, the restoration of voting rights bill.

Following Hiser’s story, five co-facilitators acted out a grassroots lobbying meeting with a legislator regarding House Bill 70.

Participants observed some lobbying do’s and don’ts and later had a chance to practice their lobbying skills with each other.

Kentucky Jobs with Justice organizer Nate Jones said, “It was one of the best single trainings I’ve been to, and the participation of -Chanelle Helm multiple organizations was really powerful.”

Reflecting on the training, KFTC member and co-facilitator Pam Newman said, “There were so many people there, and that was great! I also think it’s reflective of this being a critical time to provide trainings and encourage folks to be involved and discover their social justice niche.”

Long-time KFTC member K.A. Owens said that the training was the most well attended and diverse KFTC training he’s ever seen.

Following the training, organizers emailed a survey to all attendees asking for their feedback and ideas about future trainings.

One respondent wrote that they enjoyed “the inclusion of a diversity of organizations and perspectives. This made the training successful, both as a form of empowering new activists with the tools and confidence to participate in this month’s legislative session and as a means of linking already active people and organizations to better coordinate the efforts of the progressive community in Louisville.”

Another survey respondent wrote, “The speakers were great! The material they presented was easy to understand and engaging. It was at an appropriate level for someone like me who is still relatively new to grassroots lobbying!”

A majority of survey respondents felt ready to lobby after the training and planned to lobby during the 2015 legislative session. Those who didn’t feel ready to lobby shared that having someone to ride to Frankfort with or having a group to lobby with would help them feel more prepared.

One participant stated that she had already shared what she learned with others. “I was very inspired by the people presenting and the large attendance. So many people wanting to do so much for local and federal change is incredibly motivational. I told many friends via online media, ‘liked’ a few organizations, and made plans to attend a lobby day.”

Survey respondents also shared that they would like to attend future trainings on strategic organizing, sharing their stories, how to do a power analysis, and Train the Trainer workshops. JCKFTC and fellow co-hosts hope to work together later this year to offer these types of community-wide leadership development trainings.

Free and Open to the public $10 suggested donation per adult (includes lunch).

Pre-registation is appreciated: Register online at www.kftc.org/growing or call 606-263-4982

www.kftc.org | March 12, 2015

Balancing the Scales | 5

Local UPDATEs

Eastern Kentuckians send love to lawmakers for Valentine’s Day During the short 2015 legislative session, it was difficult for many Kentuckians to make the trip to Frankfort and share their good sense with their elected lawmakers.

That’s why members of the Harlan, Letcher and Big Sandy KFTC chapters spent time in February writing to their senators, representatives and key leaders of both chambers.

More than 50 cards, letters and postcards made their way to more than two dozen lawmakers in Frankfort. Some were even hand delivered to House members during the Clean Energy Lobby Day. In Harlan, Kimberly Shepherd also spent time preparing for her I Love Mountains Day speech, happy to ring home the need for economic equality, transition, inclusion, innovation and new political power in the mountains and across Kentucky.

From raising the minimum wage to energy efficiency and clean energy opportunities, we have so much potential to grow our economies in communities across the state, she expressed.

Shepherd also worked her feelings into a letter to her representative, Fitz Steele, about House Bill 2 to raise the minimum wage and the Kentucky Forward Tax Plan (House Bill 374) to close corporate loopholes and support an Earned Income Tax Credit for working families.

Letters were also written in support of the Restoration of Voting Rights (House Bill 70) to Senate leadership who have blocked this legislation for years, and the Stream Saver Bill (House Bill 131).

Larry Ison of Letcher County wrote to his representative, Leslie Combs, about the Clean Energy Opportunity Act (HB 229): Rep. Combs, Thank you for all you do to represent Letcher Co. My name is Larry Joe Ison and I live on the Cumberland River section of Letcher Co., worked in the coal mines for 28 years. I own my own home and have rental property on my land. We’ve all seen a steady increase in our power bills. People shouldn’t have to make a choice between their electric bills and groceries, medical care, etc. Especially not after a lifetime of working. Our homes need upgrades and the ability to use their power efficiently and affordably. We’ve also got a responsibility to create jobs so people can stay here, and provide for their families.

This Clean Energy Opportunity Act can do both of those. It already has in North Carolina. It’s smart and we’d be crazy to stay behind a national wave of growth in the clean energy industry. We know how to power the country here in the mountains. I did it for years. The young people here can, too.

Please support the Clean Energy Opportunity Act and help get us out in front of good jobs and a good chance to build up our homes in East Ky without making our bills unbearable.

Your fellow Democrat, Larry Ison

Eastern Kentucky members wrote valentines filled with love and advice to legislators. Eastern Kentucky chapters have a long history of holding letter writing gatherings during the legislative session – inspired by the “Crepes of Wrath” letter writing party hosted by Letcher County members Jeff and Sharman Chapman-Crane.

Northern Kentucky Loves Mountains The Saturday following I Love Mountains Day, the Northern Kentucky chapter celebrated their own love for the mountains with Northern Kentucky Loves Mountains.

Aimed at raising awareness about issues that impact Ken-

tuckians from the Appalachian region, this event focused on the devastation of mountaintop removal and the need to re-imagine the possibilities in eastern Kentucky.

Emceed by Dayton, Kentucky, Vice Mayor Ben Baker, the event featured local pies from Piebird Sweet and Savory Pies, drinks from hosts Folk School Coffee Emporium, and music provided by Tellico, a three-generation family band that traces its roots to Tellico Plains, Tennessee.

Those in attendance also heard the stories of people who are from Appalachia but now call northern Kentucky home.

The speakers included members Roberta Campbell and Hope Mullens, who each told stories of their family leaving the mountains and their connection to the place that still feels like home.

Hope and Roberta’s stories, though from different generations, highlighted several aspects about why Kentuckians from across the state have become involved in the issues KFTC works on. Be it a sense of place, a sense of community or a desire for another future for Kentucky, many Kentuckians see organizing around issues of clean water and clean jobs as important for the future health of Kentucky.

Though the day was cold and snowy, more than 20 people braved the weather. Chapter members were happy to see several new members join at the event. The event also helped to raise awareness for the local chapter and funds to support the local organizing.

6 | Balancing the Scales

www.kftc.org | March 12, 2015

KFTC’s 2015 Legislative Issues at a Glance Here’s a quick look at the bills that KFTC took a position on in the 2015 General Assembly. Although the session is not quite finished and unexpected things sometimes happen (such as bills thought dead for the session showing up as floor amendments on other bills), these are the likely final outcomes unless otherwise noted. For updates and other bills not listed here, visit www.kftc.org/billtracker.

KFTC Supports

Priority Legislation: Support

Issue

Summary

Status

The Kentucky Forward Plan House Bill 132

The Kentucky Forward Bill would make Kentucky’s tax system more fair, adequate and sustainable with a variety of reforms. It would raise about $575 million in new revenue, mostly from income and transactions that currently go untaxed. Lower income folks would pay less in taxes, largely due to a 15% refundable Earned Income Tax Credit.

HB 132 was assigned to the House Appropriations and Revenue Committee. It received no hearing or vote. An EITC was also proposed in a separate bill (HB 374, see below).

Clean Energy Opportunity Act House Bill 229

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

A committee hearing on House Bill 229 was scheduled for March 5, but legislative meetings were cancelled because of snow.

A hearing is likely in the interim.

Restoration of Voting Rights House Bill 70 & HB 26 Senate Bill 70 & SB 26

House Bill 70 and Senate Bill 70, the Restoration of Voting Rights HB 70 passed the House 86-14 on FebruAmendment, would allow voters a chance to vote on a proposed con- ary 12. The legislation was not taken up in stitutional amendment to automatically restore voting rights to most the Senate. former felons upon the completion of their sentence.

Stream Saver Bill House Bill 131

House Bill 131 would provide important protections for our water by prohibiting the dumping of toxic mine wastes, most commonly associated with mountaintop removal, into “an intermittent, perennial, or ephemeral stream or other water of the Commonwealth.”

HB 131 was assigned to the House Natural Resources & Environment Committee, where bills to protect the environment go to die.

Uniform Residential Landlord and Tenant Act (URLTA) House Bill 368

HB 368 would apply statewide standards to encourage “landlords and tenants to maintain and improve the quality of housing.” These standards already exist, with local governments having the option to adopt them. HB 368 would apply the standards equally across the state.

No hearing or vote took place on the bill.

Earned Income Tax Credit House Bill 374

HB 374 would close two corporate tax loopholes that allow profitable The House Appropriations & Revenue corporations to hide income from taxation. It would use the revenue to Committee had a hearing on March 3. No fund a 7.5% Earned Income Tax Credit for working families. vote was allowed. See story in this issue.

Minimum Wage House Bill 2

House Bill 2 would raise the minimum wage for some workers in Ken- HB 2 passed the House on February 10 by tucky to $10.10 an hour over the next three years. It would also proa 56-43 margin. It received no hearing or hibit wage discrimination on the basis of sex, race or national origin. vote in the Senate.

Public Financing of Judicial Races – House Bill 63

House Bill 63 will establish a system for public financing of elections for HB 63 was approved by the House Jujustice of the supreme court. diciary Committee on February 12. But House leaders did not allow a floor vote.

Eminent Domain House Bill 103 & Senate Bill 113

House Bill 103 and Senate Bill 113, as currently written, are placeNo hearing or vote took place on either bill. holders for a bill to clarify that private companies not regulated by the Public Service Commission do not have the power of eminent domain.

Abolition of the Death Penalty Senate Bill 15 & House Bill 82

Both bills would abolish the death penalty and replace it with life imprisonment without parole or imprisonment for life without parole for 25 years.

No hearing or vote took place on either bill.

Utility Shutoffs House Bill 324

House Bill 324 would prohibit utility shutoffs if a financial hardship exists and it is between November 1 and March 31.

HB 324 was assigned to the House Tourism Development and Energy Committee and did not receive a hearing or vote.

www.kftc.org | March 12, 2015

KFTC Opposes

KFTC Supports

Issue

Balancing the Scales | 7

Summary

Status

Payday Lending Bill Senate Bill 32

Senate Bill 32 attempts to limit the abuses of payday lending, including SB 32 was assigned to the Senate State and Local Government Committee, where no setting an annual cap on interest rates at 36%. hearing or vote was allowed.

Local Energy Efficiency and Water Programs House Bill 100

House Bill 100 would allow local governments to establish energy proj- HB 100 was approved by the House, ect district programs in order to advance the efficient use of energy and 66-32, on Feb. 9. It was amended and apwater resources, and provide for local funding. proved by the Senate March 11, with the House concurring with Senate changes.

Pipeline Safety House Bill 272

HB 272 would set up a Pipeline Safety Fund to equip and train emergency responders for natural gas and hazardous liquids pipeline disasters, and set up a pipeline inspection program under the PSC.

Expungement House Bill 40

House Bill 40 would expand expungement statutes to include Class HB 40 passed the House, 84-14, on Feb. D felonies when certain conditions are met, and to exclude felonies 25. It was assigned to the Senate Judiciary referred to a grand jury where no indictment ensues.

Committee and did not receive a hearing.

Arrest-related Deaths Senate Bill 69

Senate Bill 69 would require an investigation and public reporting of SB 69 went to the Senate State and Local deaths that occur during arrests.

Government Committee, where it died.

Electronic Voter Registration House Bill 214

House Bill 214 would set up electronic voter registration throughout the state.

Energy Tax Credits House Bill 349

House Bill 349 would extend energy efficiency and renewable tax cred- HB 349 was assigned to the House Apits, including Energy Star home and Energy Star manufactured home propriations and Revenue Committee and tax credit, to taxable periods beginning before January 1, 2023. did receive a hearing or vote.

Local Option Sales Tax House Bill 1

House Bill 1 would amend the state constitution to give Kentucky cities the authority to enact local sales tax increases of up to 1% for specific capital projects, if approved by local vote.

HB 1 passed the House, 65-32, and went to the Senate State and Local Government Committee and has not moved.

Oil & Gas Well Drilling Senate Bill 186 & House Bill 386

The identical bills address concerns about deep well drilling and fracking but fall short of protecting communities from many of the most significant impacts stemming from high-volume horizontal hydraulic fracking. KFTC called for a moratorium on fracking instead.

Each bill passed its respective chambers, and then SB 186 also passed the House and was sent to the governor for his signature.

Unmined Minerals Tax House Bill 130 and House Bill 338

Both bills attempted to reduce tax revenue for schools and county gov- Both bills were assigned to the House Apernments in counties where coal is mined by eliminating the unmined propriations & Revenue Committee, and minerals tax on coal reserves. neither received a hearing.

Big Telecom Deregulation (AT&T Bill) House Bill 152 & Senate Bill 3

“AT&T Bill” ends most Public Service Commission authority over HB 152 passed the House, 71-15, and the telephone exchanges with 15,000 or more housing units; in smaller ex- Senate, 30-3, and was sent to the governor changes PSC jurisdiction is reduced or eliminated; PSC jurisdiction over for his signature. consumer cell phone and consumer broadband complaints also ends.

Right To Work (For Less) Senate Bill 1

Senate Bill 1 sought to create a “Kentucky Right To Work Act” to pro- SB 1 passed the Senate 24-12 on January hibit mandatory membership in or financial support of a labor union 8. It was defeated in the House Labor and as a condition of employment. Workers could benefit from a union’s Industry Committee, 4-15. presence at the workplace without contributing to union membership.

Nuclear Power Plants Senate Bill 90

SB 90 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, opening the way for nuclear power plants in Kentucky.

HB 324 was assigned to the House Tourism Development and Energy Committee and did not receive a hearing or vote.

HB 214 passed the House, 92-3. It went to the Senate State and Local Government Committee, where it died.

SB 90 passed the Senate 30-7 on March 3. The House received the bill and sent it to the Tourism Development and Energy Committee on March 11.

This information is current through Wednesday, March 11. Check the KFTC website 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 website at http://lrc. ky.gov/record/15RS/record.htm for updates of legislative activity. After meeting March 23-24, the General Assembly will adjourn.

8 | Balancing the Scales

www.kftc.org | March 12, 2015

CANARY PROJECT UPDATE

Rally celebrates 10 years of I Love Mountains Day at Capitol “We are here to express our love for Kentucky and our belief in its bright future,” said KFTC Chairperson Dana Beasley Brown as she welcomed the crowd to KFTC’s 10th I Love Mountains Day. Frigid winds and snow flurries couldn’t compete with New Power as hundreds of people from across Kentucky marched up Capital Avenue and rallied on the capitol steps for a brighter future for Kentucky.

Beasley Brown thanked KFTC members for “your vision, your courage and your persistence” and recognized the many communities across Kentucky who were represented in the crowd.

“While we have come to know this day as I Love Mountains Day, it is truly our love for Kentucky that unites us.”

Long-time member Randy Wilson acknowledged the power of 10 years of I Love Mountains Day and repeated a passage from 1 John in the Bible: “Life, this is our subject, and we are sharing it with you to make our joy complete.”

Wilson remembered Daymon Morgan, a long-time KFTC leader who passed away last year, who had been a champion of the mountains and had walked the hills around his home, showing Wilson the many native plants.

Wilson spoke of the future of Kentucky, where energy efficient schools and homes can save energy and create jobs.

He told of Elijah Collett, who lives in “one of the tightest hollers in eastern Kentucky” and saved up to install solar panels on his property.

“We are here and continue to make our way because of these witnesses to life and joy,” Wilson said.

Long-time KFTC leader Teri Blanton expressed appreciation for everyone in the crowd and the thousands of others who have marched together over the years.

Sean Hardy, I LOVE MOUNTAINS DAY He l l o , m y name is Sean Hardy and I have been a proud KFTC member for the last two years. I also am a native of West Louisville, Kentucky.

T h e We s t Louisville neighborhood is one that has provided both economic empowerment and home ownership to many African Americans throughout the years.

It is also home to a conglomeration of chemical plants aptly named “Rubbertown” – referencing its WWII ties as a rubber manufacturing company.

Since that time, these chemical plants are now home to several other chemical manufacturing plants, manufacturing everything from chemical adhesives to paint.

It is also the home of the Jefferson County sewer

Once again, hundreds of citizens braved the cold elements to march and rally at the base of the state capitol to celebrate the 10th anniversary of I Love Mountains Day. Pictured above, participants gathered at the Kentucky River at the end of Capital Avenue to begin the symbolic march to the capitol. photo credit: Shelby Wright

“Over the past ten years, I Love Mountains Day has become a beautiful expression of Kentucky’s own New Power movement,” Blanton said.

Members Kimberly Shepherd and Sean Hardy called for new solutions. Both Shepherd and Hardy attended the

People’s Climate March in New York in September with hundreds of thousands of other people concerned about climate justice.

“The time to dismantle the current power and try (continued on next page)

plant. And we’re just one neighborhood away from the Cane Run coal fired power plant.

Needless to say, all of the polluting industries in this area negatively impact the air quality of Jefferson County, accounting for 42 percent of our city’s total air emissions and causing increased instances of asthma in children and various types of cancer in older adults.

You may ask why this information is important.

It’s important because our health as Kentuckians is worth protecting!

For the last year, the Jefferson County chapter along with members of the community and other environmental justice organizations formed an air quality coalition to brainstorm on how to build community power in the Rubbertown area through education and civic engagement with the Air Pollution Control District.

We have canvassed the neighborhood and held townhall style forums to educate residents on the impacts of the air quality and how their voices can be heard. We have also been working with city officials to create an effective air quality reporting procedure. Currently we are hoping to get an EPA grant that allows us to hire a staff person to organize

specifically around the issue of air quality.

We believe, through education, empowerment and letting our voices be heard, we can let our city officials and legislators know that our health is worth protecting.

As we move forward, we move in solidarity with those in eastern Kentucky who face strip mining, mountaintop removal, and the toxic runoff created thereof.

We stand in solidarity with those who live where coal is burned and coal ash waste is stored. We demand stronger protections for the health and safety of mine workers, plant workers, and the communities nearby.

Together we stand in solidarity demanding that our state legislators hear our voices, whether it is around the issues of coal, water, air, or climate.

Our very well-being is at stake. And our health is worth protecting!

Sean Hardy is a member of the Jefferson County KFTC Chapter’s Air Quality Team. To learn more about the chapter’s Air Quality Team, contact Jefferson County Chapter Organizer Alicia Hurle at alicia@kftc.org or 502-589-3188.

www.kftc.org | March 12, 2015

Balancing the Scales | 9

CANARY PROJECT UPDATE

Kimberly Shepherd’s remarks from I Love Mountains Day bell hooks said, “Beloved community is formed not by the eradication of difference but by its affirmation, by each of us claiming the identities and cultural legacies that shape who we are and how we live in

the world.”

My name is Kimberly Shepherd. I am from Harlan County, born and raised. I grew up in a holler called Catrons Creek. I lived on a piece of land by the creek with my mom, sister, mamaw and papaw until I was about 10 years old.

Growing up I spent a lot of time outside. I can remember playing in the creek down from my house for hours and hours only to come inside by force to eat. (Appalachian women have this thing about feeding everyone they know, even if they aren’t hungry.)

I left Harlan County in 2004 for a couple of years. I always thought that seeking outward for satisfaction was what was needed, but leaving Harlan County proved me wrong.

When you come from a place like Harlan County, it’s not just where you are born, it’s where your heart resides. I grew up with hillsides, creek beds, empty railroad tracks and an amazing sense of community. We all took care of each other.

When you leave the mountains, you leave your heart here.

In 2008 my daughter Brooklyn was born. I realized then that I had to work harder and better to make sure she had the opportunity to do anything she dreams of. Stability is a difficult thing to achieve when you work for minimum wage.

Last year I made $7,900. That’s it. I somehow made that work for my family. I had to. Poverty comes with an entirely different level of stresses that only one living in poverty can understand. You cannot be all you can be when you live paycheck to paycheck, squeezing every possible dime from your bank account to make sure bills are paid and deadlines are met.

I know deeply the constant feeling of knowing the day you get paid is also the day you’re broke because you work for money just to survive, just for the bare minimum. And so many of us know this struggle.

That’s where our power is. That so many of you know just what I’m talking about means we have power in numbers and clarity about what we need. We need to build a new economy in Kentucky – one that works for all of us. An economy that reflects our values, our love for our place, and our respect for each other. And we can do it!

Just over a month ago, Louisville became the first city in the South to raise the minimum wage. Together, we can raise it across Kentucky! Because we deserve better. And we know it.

Mitch McConnell has been in office for 30 years. That is literally my entire lifetime. The time for change is now, the time to dismantle the current power and try something new is RIGHT NOW. We need different leaders; leaders who think differently;

leaders who look different. How about leaders that look like us? Even better, what are we waiting for? Let’s run for office!

Look around and encourage your loved ones to take leadership where they are.

We deserve so much better. Let’s create good jobs reclaiming and restoring our land. Let’s create good jobs fixing up leaky homes and helping people save energy. Let’s welcome investments that help us build a brighter future. And if certain politicians choose to stand in the way, let’s give their job to someone with vision.

Things have changed in Harlan County since I was a kid; the water is too dirty for my daughter to play in. My papaw has since passed away from respiratory distress, black lung complications. Even though he has been dead for two years my little mamaw still has to fight with coal companies to receive compensation for his black lung.

I see my community divided and a local economy that has gone down the drain. I think it’s high time we seek wisdom from those silenced for so long: The moms and women who’ve carried us all on their backs, the people and communities of color, our young people, our native peoples, those of us who know how to stretch a dollar as far as it will go! I see you all! But you won’t see many of us in those legislative chambers. I would like to see people across Kentucky close the gaps that divide us, work together, and step into the leadership we are so ready for. bell hooks, again, says it best: “Dominator culture has tried to keep us all afraid, to make us choose safety instead of risk, sameness instead of diversity. Moving through that fear, finding out what connects us, revelling in our differences; this is the process that brings us closer, that gives us a world of shared values, of meaningful community.”

I believe we all want to sustain our families, to make sure our kids, parents, and friends are happy and healthy. I believe that we need to improve the quality of life for folks affected by economic disruption, environmental damage and inequality.

I would like to see folks who have been put out of work

due to a dying industry find jobs in Harlan County, that leave them feeling fulfilled and at peace.

It’s time we stop the jobs vs. environment back and forth. Without an environment, there wouldn’t be a place for these jobs to exist. We know now that there are other ways to run things, without hurting the planet or its people.

I want to see my community thrive so my family can thrive.

We can’t accomplish anything if we don’t sew this divide and start working together.

Right now, we are shaping our own identities. We are Kentuckians. We are Appalachians, Harlan County folks who are strong, brilliant, beautiful, resilient. And, together, we are powerful.

Working together, I know we can accomplish a whole lot. Working together, we can build Appalachia’s bright future. Let’s work together. Thank you.

I Love Mountains continued from page 8 something new is right now,” said Shepherd, who lives in Harlan County and is working for a bright future for her young daughter.

Hardy, who lives in Louisville and serves on the Jefferson County Chapter’s Air Quality Team, spoke of the public health impacts of polluting industries.

“We believe, through education, empowerment and letting our voices be heard, we can let our city officials and legislators know that our health is worth protecting,” said Hardy.

“As we move forward, we move in solidarity with those in eastern Kentucky who face strip mining, mountaintop removal and the toxic runoff created thereof,” Hardy said. “We stand in solidarity with those who live where coal is burned and coal ash waste is stored. We demand stronger protections for the health and safety of mine workers, plant workers, AND the communities

nearby. Together we stand in solidarity demanding that our state legislators hear our voices, whether it is around the issues of coal, water, air or climate.”

Looking forward, Blanton reminded the crowd that the work to end destructive mining must be part of a much larger movement.

“We understand that there can’t be a climate movement over here, a racial justice movement over there, and a just economy movement somewhere else. We get the connections. We live in those intersections. We know that we are all in this together.”

The 10 years of I Love Mountains Day have laid a foundation for even more powerful future events – in Frankfort, in eastern Kentucky and in other communities.

“All of us are committed to building a movement that is big enough, diverse enough, inclusive and strong enough to challenge Old Power – and win,” said Blanton.

10 | Balancing the Scales

www.kftc.org | March 12, 2015

VOTing rights UPDATE kftc news

Members and allies keep fighting for voting rights amendment Bookended by the 50th anniversary of Dr. King’s March on Frankfort held last year and the recent anniversary of the March on Selma, known as “Bloody Sunday,” the fight for civil rights is ever present in the United States.

Kentucky is no different. The fight for an amendment to Kentucky’s constitution to restore voting rights to former felons has been active for nine years.

Kentucky is one of just a handful of states that permanently take away the right to vote from anyone convicted of a felony, unless they receive a pardon from the governor. In a majority of states, voting rights are automatically restored when people are released from prison or off probation and parole. Kentucky’s lifetime voting ban for people with felony convictions is embedded in outdated language in our state constitution.

In order to change the state constitution, 60 percent of the members in both chambers of the legislature must vote for legislation. Then the issue would go before Kentucky voters for approval. Until the legislature acts, Kentuckians are being denied the right to vote on this important issue.

This year four similar pieces of legislation were proposed in the Kentucky General Assembly by prominent Democratic and Republican lawmakers: House Bill 70 and Senate Bill 70 and House Bill 26 and Senate Bill 26.

On February 12, the House voted 86 to 12 to once again pass House Bill 70, the perennial voting rights bill – the most votes this bill has ever received and now the tenth time in the last nine years this has happened. House members also defeated a floor amendment to add a three-year waiting period – something some senators are insisting on if the bill is to be considered in their chamber.

HB 70 sponsor Rep Darryl Owens explained that several states recently did away with waiting periods – an additional penalty that increases one’s sentence.

Senate leaders have consistently acted to block the measure, and have done so again this year (last year the Senate

passed the bill, but only after loading it up with restrictions that made it meaningless and unacceptable to the House).

During the last nine years Kentuckians have marched, chanted, sung, prayed, lobbied, requested meetings, been denied meetings, worked across partisan lines, and fought for a tenet of democracy that in 2015 should be a given.

T h i s ye a r K F TC members maintained a constant presence in the capitol with weekly prayer vigils, the annual voting rights rally, and a public Pastor Anthony Everett of the Wesley United Methodist Church in Lexington helped to request for a hearing on organize weekly prayer vigils outside of the Senate leadership offices in the capitol annex.

HB 70 during the Senate State and Local Government committee – ultimately result- it into law,” Pastor Everett added. ing in citizens being removed from the committee room.

Prayer vigils happened on Tuesdays in February (though one was cancelled due to inclement weather) and the first Weekly prayer vigils two weeks in March on the second floor of the capitol annex Through weekly prayer vigils during the 2015 General outside Senate offices.

Assembly, KFTC members and fellow voting rights advo“We’re just waiting for the promise of Democracy to cates joined in prayer, song and testimony to put pressure come to Kentucky,” Pastor Everett said during the first vigil. on Kentucky’s Senate leadership to pass a proposed constitu- “We’ve been waiting a long time. We all have a right to vote tional amendment to restore voting rights to nearly a quarter – a right that should never be taken away.” million Kentuckians.

Pastor Alonzo Malone from Louisville participated in Pastor Anthony Everett of the Wesley United Methodist several vigils and spoke of his experience as a directly imChurch in Lexington led the vigils. pacted person. He acknowledged he had made mistakes in “People of faith all believe that everybody deserves his life, but those were in the past. He’s made a lot of changes another chance. Placing since then. He is a pastor, he has a job and he pays taxes. restrictions on the voting “Yet I cannot vote. This is something very disturbing to rights of those who have me. I paid my debt to society.” done their time is not the Rev. Malone is not alone. The population of voting age witness of people of faith citizens who cannot vote in Kentucky is nearly three times from a loving and merciful larger than Bowling Green, Kentucky’s third largest city.

God,” said Rev. Everett. Kentucky has the second highest African American disen“HB 70 restores the full franchisement rate in the country. humanity of returning citizens by recognizing that Public rally: “Let Us Vote” former felons deserve their On February 26, nearly 200 people gathered in the capiimmediate right to vote tol rotunda to share prayer, cheers, stories of triumph, and a without waiting periods call for the General Assembly to do one simple thing: “Let Us and other encumbrances.

Vote.”

“Our objective this year People traveled from as far away as Lynch in eastern is to pray for Kentucky Kentucky to share their stories with legislators, talk about legislators’ discernment to the value of democracy, and lift up the need for the Comdo what is morally right monwealth to practice forgiveness if we ever want to truly and support House Bill represent all Kentuckians.

70 without changes and Tim Tice of Louisville, who is celebrating 19 years of pass it through both the sobriety, told his story for the first time to legislators while in On February 26, more than 200 Kentuckians rallied in support of House Bill 70.

House and Senate so that Frankfort. photo credit: Hope In Focus: Steve Pavey Photography. Pages 10-12 Governor Beshear can sign (continued on next page)

www.kftc.org | March 12, 2015

Balancing the Scales | 11

Voting rights amendment continued from page 10 of the Kentucky Council of Churches, closed the rally and invited the crowd to stand shoulder to shoulder in singing a hymn.

Reverend Marian Taylor (left) was active in the prayer vigils throughout the session and the voting rights rally.

After more than 20 meetings with legislators, members made their way to the rotunda to rally support.

Emceed by KFTC member Tayna Fogle and Mike Barry of People Advocating Recovery, the rally energized the base, brought passionate statements from those directly affected, and gave election officials an opportunity to share their public support.

Pastor Owens of Shiloh Baptist Church led a prayer, asking people to ask God to place “upon the hearts of our returning citizens, our brothers and sisters, [prayers for] courage to continue this struggle. Those legislators [who support voting rights], give them courage to continue. Those who continue to find creative ways to hijack and hold hostage this bill...

Move by letting them know that we are not in this struggle alone. We’re not afraid... We will stand... We will shout. And ask that there be liberty and justice for all until it is reality.”

Reverend Watterson of Total Grace observed the history of suffrage in the United States, reflecting that “the evolution of the right to vote reveals an ugly truth about Americans’ past. Only a privileged few had a voice. Even now, in 2015, there is roughly about 6 million Americans who don’t have the right to vote. Our vote is our voice. We stand here to declare we will not be silent until our voices are heard.”

The rally featured elected officials, including Lexington Fayette Urban County Councilmember Chris Ford, who reflected on the work he did to pass the first resolution from local governments in support of voting rights for former felons, and former Louisville Metro Council Member Attica Scott, who spoke of working across the aisle to pass a similar resolution in Louisville.

Senator Gerald Neal, primary sponsor for Senate Bill 70, stated that in order for these efforts to succeed, “the key to this is you. You have to keep coming and keep coming until what we call ‘justice’ prevails. Thank you for the work you’ve done historically. Thank you for being here today, and thank you for the energy that you’ve put into this issue. At some point, all of your efforts, all of your work, it will prevail.”

Secretary of State Alison Lundergan Grimes told the crowd that “justice is not given. It is up to each and every one of us to continue to fight.”

Michael Hiser, the last former felon to speak at the rally, summed up the overall theme by saying, “I didn’t come here today to fight for ‘MY’ right to vote; I came here today to fight for ‘YOUR’ right to vote!” This was followed by chants of “Let Us Vote” throughout the crowd.

Mt. Sinai Spirituals of Lynch performed several songs, and Reverend Marian Taylor, outgoing executive director

Peaceful protest Wearing buttons that read “Let Us Vote,” about two dozen voting rights supporters attended the last regularly scheduled meeting of the Senate State and Local Government Committee on March 4 to bear witness as Senate Republicans yet again refused to act on HB 70.

As expected, they did not see senators take action on the bill. But there was plenty of other action in the committee room that day.

Near the end of the meeting, several individuals initiated a nonviolent protest. Their intention, they later explained, was to hold Senate Republicans accountable for killing the bill ten times in the past nine years, and to embolden good

senators to stand up and speak out for the legislation.

The action began when Mary Ann Ghosal rose from her chair and addressed the committee chair, Senator Joe Bowen.

“I rise to ask that you consider and pass HB 70. Let us vote,” she declared.

Greg Capillo and Jordan Mazurek then stepped from their front row seats and addressed the committee. Capillo said, “We rise to ask you to support and pass HB 70 and let us vote. Injustice prevails when good senators remain silent.

Our friend April wanted one thing, for her son to see her vote. Unfortunately she passed away suddenly before that could ever happen.”

At that point the two men were dragged from the committee room by state police. As they made their way to the exit doors, bill supporters in the audience clapped and began to sing the civil rights anthem “Eyes on the Prize.”

No arrests were made by state police. A large group of voting rights supporters continued singing in the hallway outside the committee room until after the meeting adjourned.

Below is a written statement from Greg Capillo and Jordan Mazurek explaining their motives and calling on the Senate to Let Us Vote: Chairman Bowen, members of the committee, and fellow Kentuckians: We are Kentuckians. We believe a healthy democracy is essential for a good society. We also strongly believe that there are no throw-away people. All people have value and human dignity. And in America, all of us should have the right to vote.

Unfortunately, today in Kentucky nearly a quarter million of our friends and neighbors are denied the right to vote.

The problem lies in our out-dated constitution, which permanently bans all people with a felony conviction from voting.

HB 70 is a constitutional amendment to right this wrong. It would restore voting rights to most people once they finish their full sentence. The bill has passed the House 10 times in the past 9 years with wide bipartisan support. But a few Senate leaders have blocked progress every year.

Now is the time for this committee and Senate as a whole to pass HB 70. Now is the time to let all Kentuckians have a vote on a constitutional amendment restoring voting rights to former felons. Now is the time for Kentuckians to stand up for a more just and inclusive democracy. Now is the time to let us vote.

Some may say that speaking out in this way is not proper or appropriate. To those we respectfully say: •

We take this action out of respect for our friend April Browning, and too many others who are denied a voice and a vote in our communities. April wanted one thing: for her 13-year old son to see her vote. She passed away suddenly last year before that day ever came.

•

We take this action to call upon the conscience of our senators, especially those who are in the habit of looking the other way while Senate leaders block this bill, year after year. To paraphrase the Irish statesman Edmund Burke, “All that is required for the triumph of evil is for good men and women to do nothing.” Kentuckians need fewer bystanders in the Senate. We deserve many more champions who stand up for what is right and fair.

•

We take this action because Kentucky is one of just three states that permanently take away the right to vote from all people with a felony conviction; because one in five African-Americans in our state is denied the right to vote; and because the three million Kentuckians who can vote deserve the chance to have our say on a constitutional amendment to restore voting rights.

This coming Sunday, March 7, marks the 50th anniversary of Bloody Sunday, a day when 600 marchers, led by a young man named John Lewis, walked over the Edmund Pettus Bridge in Selma, Alabama, to protest racial injustice and demand voting rights protections. They were met by waves of state troopers and local police. The police beat the nonviolent protesters with clubs, cracking skulls and hospitalizing more than 50 people. Months later, as a result of public pressure, Congress passed the Voting Rights Act of 1965.

Five decades later, the members of the Kentucky Senate – and all Kentuckians – face a choice. Will we honor the legacy of that brave struggle for freedom and democracy by passing HB 70? Or will we continue to stand on the wrong side of history?

Congressman John Lewis has said, “the right to vote is precious – almost sacred – and the most powerful tool we have for nonviolent social change.” We cannot go back. We must not go back. Let us vote.

Greg Capillo, Jordan Mazurek

12 | Balancing the Scales

www.kftc.org | March 12, 2015

We are Kentuckians Martha Flack, Jefferson County

Martha Flack keeps showing up to learn from other members and build a better and brighter Kentucky Martha Flack is a member of the Jefferson County KFTC Chapter. She has served on KFTC’s Steering Committee and Voter Empowerment Committee, as well as the chapter’s Air Quality Committee. She’s made many trips to Frankfort to lobby with KFTC and helped to build grassroots power as a PowerBuilder.

How did you get involved with KFTC? In 2006, I became aware of KFTC through work at my church, Thomas Jefferson Unitarian Church, when we were looking to become a green sanctuary program. We had to partner with an organization for an environmental justice project as part of the requirements. We looked at three different organizations. I was the one to check out KFTC. At my first meeting they were trying to work with the other two organizations around voter issues. My church chose to partner with KFTC and ended up working on the I Love Mountains Day rally in 2007. We’ve never stopped doing that (helping to promote and attend I Love Mountains Day), and I never stopped going to KFTC. Why have you stayed involved?

I’m a rebel. I think that I am, not always to my benefit, an underdog person. I have a pretty good barometer for injustice in the world, but sometimes I don’t see all the angles. It’s good to have caring and compassionate people around me to see all of the angles and to challenge me. Also, it’s not hard to convince me that things are wrong with the world. I’d rather do something about it than to just be worried or to complain.

Back in 1979, I helped develop an operator assistance program to help small coal companies meet new federal requirements. I was naive about the effects of coal mining, how little the federal or state governments held coal operators to the regulations, and the damage being done to miners and communities. I was busy making a living and being a single mom. I was less informed.

I’m sure the lung risks were known as much as anything else. I’ve learned a lot through KFTC. I’m less naive.

What else have you learned by being involved at KFTC? I’ve been very fortunate in my life. A lot of people at KFTC opened my eyes to things that I just wouldn’t know about. People were willing to tell me their stories and confront my lack of knowledge or misconceptions.

I didn’t know that so many Kentuckians were prevented from voting due to past felony convictions. I had no clue how that process works.

I’ve learned a lot about what we call our democratic process. I’m not too impressed. Like this whole thing where one legislator has the ability to keep an issue from being voted on by the full House or Senate - I don’t feel like it’s very democratic at all. We need to take a critical look at how we do business in the U.S. and state legislature.

You’ve shown up for quite a few days of lobbying.

What keeps you coming?

I can see a lot of what needs to be changed, and I have to do something. If I want to see a better world, I have to create that world. Also, when you show up at lobby days or to lobby, you see that you’re not in it all by yourself.

You’re in it together with 9,000 other KFTC members.

We can do more to make the world more just. More like what we want it to be. Showing up makes a difference.

I also keep showing up because I’m not good at it. I was in a meeting earlier this month with members from Shelby County and their state senator. I might have talked too much. Sometimes, I get angry. I try not to carry anger with me into the room. Sometimes I don’t feel that I understand the complexity of the issues, but I show up anyway, because I can make a difference, and I want to get better at it.

KFTC is made up of more than 9,000 individuals who come together to amplify our voices and to fight for a better Kentucky. As individuals we bring our own talents and treasures with us to the organization. We Are Kentuckians is a new series that will profile KFTC members in various aspects of the organization.

Why should someone get involved with KFTC? It is a grassroots organization led by the people of Kentucky, doing what needs to be done to create the state that we want it to be. 9,000 members means that you’re more likely to be heard when you might not be heard alone.

“LET US PRAY” KFTC member Donna Aros opened the February 26 session of the Kentucky House of Representatives with prayer.

God of snow and ice, hills and valleys, streams and mountains. God of living communities — plants, animals, human. We are in awe of your power and majesty, and your deep compassion for each part of your Creation. Remind us today of your desire for justice in this land – for all people: young and old, rich and poor, working at a job or collecting a pension, making a life with family or going it alone. Remind us that each person regardless of status has dignity and worth in your eyes – and must be seen as persons of dignity and worth as well by their elected officials. Thank you for those in our Commonwealth who speak for those who have no voice, and may we work for the day when all may be heard. In humility and good will, we pray. Amen.

Donna also opened the March 10 session of the Kentucky Senate with this prayer.

God of snow and rain, winter and the hope of spring, shower all in this place today with your unfailing grace.

Send a storm of compassion here for all in our commonwealth who are vulnerable to the many varied storms of life. Rain your wisdom on minds and hearts of each one of the public servants gathered here today. Remind us we serve not the desires of a few, but the needs of all in the greater community. May all in our commonwealth be full participants in the democratic system. Flood us with the joy of together building a strong and healthy Kentucky. Amen.

www.kftc.org | March 12, 2015

Balancing the Scales | 13

Legislators block landowners’ call for a moratorium on hydraulic fracking to allow for study, instead opt for regulatory approach Over the last year, landowners in several eastern and central Kentucky counties have been approached by land agents for various oil and gas companies about selling or leasing the mineral rights under their property.

The companies represented by these land agents are seeking access to the Rogersville Shale and Berea Sandstone oil and

gas deposits. Both of these shale formations are about two miles deep.

With advancements in horizontal drilling techniques and hydraulic fracturing, the industry believes the gas and oil deposits could be extremely productive, as they have been in other states.

Vicki Spurlock, Fracking Testimony I’ve been an advocate for my son for 25 years, but I’ve never felt compelled to speak about environmental issues until now.

I went to Frankfort at the end of February and gave my testimony before House and Senate committees addressing my concerns about legislation pertaining to oil and gas production in our state, including deep well high-volume hydraulic fracking in our rural communities. I asked legislators to pass a two-year moratorium on this type of technology.

I live in the Red Lick valley of Madison County. I purchased our property 18 years ago and built a small home on 4 and half acres. My occupation by trade is residential painter, but more importantly my son’s primary caregiver. I’m a single mom to a medically fragile young man with physical and intellectual disabilities due to intractable epilepsy. I’m extremely concerned for our health and safety as well as our land, water and home because of the recent leases bought in Madison, Estill, Jackson, and Rockcastle counties by oil and gas companies Lexington Energy and Bluegrass Exploration.

Around October 2014 I received a letter from Lexington Energy asking if I’d like to lease minerals on my property.

After reviewing the lease and talking to Mike Leaverton with Lexington Energy and to others in my community I realized the lease has no limitations for the gas and oil company, and that deep well high-volume hydraulic fracking is the only way to access the gas they want from the Rogersville shale.

To educate myself about this type of technology I started reading every document I could find and attended community meetings. What I learned was that hydraulic fracking is nothing less than full-scale industrialization in our rural counties, basically our backyards. Finding this out was a shock.

Reading the long list of documented impacts coming from other states only increased my shock and raised my concern. What I found: 1. Health impacts from exposure to toxic chemicals a. 75% of chemicals affect skin, eyes, and other sensory organs, respiratory & gastrointestinal system b. 40-50% affect brain/nervous system, immune, cardiovascular, & kidney systems c. 37% affect endocrine system d. 25% cause cancer & mutations 2. Water contamination, 3. Air pollution, 4. Soil contamination, 5. Severe road damage, 6. Waste water disposal risks, 7.

High personal safety risk for first responders, 8. Storage of toxic chemicals on landowners’ property, 9. Earthquakes, 10.

Reclamation costs to public.

The financial risks posed by fracking are significant

enough to capture the attention of mortgage bankers and insurers, who appear to be adopting guidelines that forbid mortgage loans or insurance coverage on properties affected by this technology. Studies also show my property taxes and home insurance will increase while my property value decreases.

The risk of not being able to get medical help to my son or neighbors due to the volume of heavy oversized trucks and equipment on our narrow roads, as well as spills, pipeline or well explosions shutting our roads down are real possibilities. Having our water contaminated like counties in Ohio, Pennsylvania, and West Virginia horrifies me, as well as seeing my neighbor’s lives at risk because they are our first responders.

The working group for HB 386 & SB 186 did not include landowners. While this legislation provides some protective measures, it fails to address the most significant, controversial, and harmful effects to rural communities. Something this important should not be decided without input from affected communities like mine.

I’ve heard this legislation described as a “consensus” agreement. Frankly, my neighbors and I don’t see it that way.

We were never asked for our input. More than 400 people turned out at a community meeting about fracking in Berea in January and in February there were 100 at a meeting in Estill County.

In both meetings there was a strong and vocal sentiment that people don’t want fracking in our communities. Before the state legislators rush to pass the rules by which industrial scale, high-volume, deep well fracking can be done, our communities should have the opportunity to participate and be heard? We have an opportunity here to learn from other states’ experience and documented research and should take time to do our own. Existing federal and state laws are inadequate to protect us.

I urge the people of Kentucky to support a two-year moratorium on high-volume hydraulic fracking so studies can be done on the economic, social and environmental impacts fracking will have on Kentucky’s rural communities.

As landowners who were being approached by oil and gas industry land agents began asking questions, they soon discovered that the industry plans to use the unconventional and controversial methods of hydraulic fracturing and horizontal drilling that have caused so many problems in other states.

They also learned that in May 2014, the Kentucky Energy and Environment Cabinet convened a working group to recommend updates to Kentucky’s oil and gas regulations. This working group consisted of representatives form the oil and gas industry, the Kentucky Farm Bureau, the Chamber of Commerce, the Kentucky Department for Natural Resources, the Kentucky Resources and a few others.

This working group asked Representative Rocky Adkins, the majority Floor Leader in the House, and Senator Julian Carroll to sponsor very modest improvements to Kentucky’s oil and gas regulations. This legislation was House Bill 386 and Senate Bill 186. The bills are identical.

Among other things, the bills create a fee and bonding program for oil and gas wells, require some water testing prior to fracking, require reclamation plans for disturbed areas and require reporting of all chemicals used in the fracking process unless the information is considered a trade secret.

Vicki Spurlock, who lives on the Madison County and Estill County line on Red Lick Road, said, “I don’t think the legislators did enough research to truly understand the impacts that hydraulic fracking is going to have on our communities.

I think they hid behind the working group. And I know that the opinions of me and my neighbors were not represented by the working group and our ideas were not take seriously by our legislators.”

KFTC opposed both bills and supported the landowners proposal for a moratorium on all high-volume hydraulic fracking while the state studies the social, economic and environmental impacts hydraulic fracking would have on communities.

The oil and gas association was strongly in support of the legislation.

Spurlock testified before the House Natural Resource and Environment Committee and she was joined by Madison County resident David Tipton in testifying before the Senate Natural Resource and Energy Committee to urge legislators to add the moratorium and studies to both bills.

Legislators who expressed an interest in introducing a moratorium amendment to these bills were told by their respective House and Senate leaders not to do so.

“It’s a shame when you talk with legislators individually and they agree with our proposal of a moratorium, but then those same legislators say that after talking with their leadership that they can’t support the idea,” said Bob Montgomery who lives on Red Lick. “If our legislators can’t support their constituents then who are they representing? It seems like the leadership in the House and Senate are the only people allowed to make decisions in Frankfort.

“We’re going to have to figure out how to build a mass movement and organize across the state in order to build the kind of people power needed to move the legislature pass what we want.”

Both the House and Senate passed their respective bills, and eventually SB 186 was also passed by the House and sent to Gov. Beshear for his signature.

14 | Balancing the Scales

www.kftc.org | March 12, 2015

NEW ENERGY AND TRANSITION UPDATE

How$martKY offers money-saving energy efficiency improvements

By Chris Woolery Many KFTC members who are interested in making their homes more comfortable and energy efficient are now able to make it happen!

How$martKY is an on-bill energy efficiency financing program that doesn’t require a credit check. This means that rural electric cooperative members with high utility bills can often get energy upgrades with no down payment, add the financed payment to their electric bill, and still save money every month.

How$martKY has been working with four rural electric cooperatives for the last few years and is now in the process of expanding the program to include two new co-op partners. If you are in the following service areas, you may be eligible for a free energy audit to determine if you can be approved for financing: Fleming Mason Energy: Grayson RECC: Jackson Energy: Big Sandy RECC:

606-845-2661 606-474-5136 606-364-1000 606-789-4095

modeling software to see which potential upgrade packages have the highest return on investment. If your auditor is able to design an improvement package with an estimated monthly savings that is higher than the financed monthly payment, you may be able to finance the upgrades with no down payment.

Not every improvement package saves more than the payment, but co-op members have the option of putting money down in these cases. (The How$martKY program is not allowed to increase your overall utility costs.) The best part of the program is the fact that there is no obligation to the client, unless or until they sign the final proposal. This means that even in the worst-case scenario, the customer receives free information on how to make their home more comfortable and efficient.

As mentioned, not every How$martKY job works out with no money down, but co-op members have the option of making a down payment if they are able. Many How$martKY clients are happily surprised that the program

allows them to get a new heat pump without paying cash for it, and with much better terms than they are able to find elsewhere.

Generous rebates from the rural electric cooperatives often lower the total package costs, and grant funding of up to $2,000 is also available to some low- and moderate-income families for jobs completed by the end of this year.

Check out this quote from a satisfied How$martKY customer: “The contractors were outstanding. We saw a big difference the first month. It was like a huge weight lifted off of me. This program is one of the best things as a homeowner that has happened to me. The word needs to get out about this program because it’s a really wonderful thing.”

If you get electricity from one of the cooperatives mentioned above, and have energy bills of $300 or higher in the summer or winter, it’s quite possible that you will be eligible for the How$martKY program. If you’re interested, contact the member services department of your rural electric cooperative and ask for more information.

You can also find more information at www.maced.org/ howsmart-contact.htm The Farmers RECC and the Licking Valley Rural Electric also are joining the How$martKY program and should start offering audits sometime this year.

If you or someone you know are dealing with high utility bills, How$martKY may be able to help. The process begins with an energy audit, provided free to co-op members in good standing that have high utility bills. The energy evaluator will conduct a quick interview, do a visual inspection of the home, and finish the audit with some high-tech testing using a blower door and thermal camera.

This information is then entered into sophisticated

KFTC members and NAACP settle down to soul food and celebrate Black History Month

By Shane Ashford

Appalshop’s WMMT FM in Whitesburg hosted members from the Letcher, Central Kentucky and Jefferson chapters for two Mountain Talk programs during the General Assembly, focused on issues ranging from Voting Rights to an Earned Income Tax Credit and Clean Energy Opportunity Act. Support WMMT 88.7 at www.WMMT.org

Shelby County chapter members enjoyed a night of soul food and fellowship on Friday, February 27. The spread ran the gamut: cornbread, corn chowder, breaded and fried catfish, fried chicken, barbecued ribs, coleslaw, beans, kale, peach cobbler, you name it!

It was as down-home as you could get. The Shelby County chapter of the NAACP provided the tasty provisions while the KFTC chapter provided the enter-

tainment. It came in the form of a very enthusiastic and knowledgeable presentation by local historian Diane Perrin Coon.

Coon gave a talk entitled “Slavery, Anti-Slavery and the Underground Railroad in Shelby County.” The talk was well-received, highlighting demographic trends as well as personal stories from history. Coon, a gifted storyteller, laid bare Shelby County’s complicities in the institution of slavery as well as its hand in the abolition of that institution.

www.kftc.org | March 12, 2015

Balancing the Scales | 15

economic justice updates

Members speak out for economic justice and fairness Jesus Gonzalez was in the Capitol Annex basement work- fair. This was the bill that Gonzalez was working on. ing on the testimony that he was preparing to offer in support “I’m a single father. I work full-time … This bill wouldn’t of House Bill 374, which would close a few corporate tax fix everything, but it would help,” Gonzalez told the commitloopholes to fund a state Earned Income Tax Credit (EITC). tee. “Two of my tires are about to pop, and I can’t afford to get “My family is straight from new ones. It’s not safe to drive my Cuba. That makes me appreciate child with tires like that, but those “My family is straight from Cuba. the fact that I can come here today are the choices I have to make. A to try to influence our government bill like this would help me buy That makes me appreciate the by telling my story,” said Gonzalez. safe tires on the car. It would help fact that I can come here today “It also makes me want to stand up people who are in situations like to try to influence our governand change the things that aren’t mine.” ment by telling my story. It also fair.”

Despite lots of supportive commakes me want to stand up and KFTC members, including ments from committee members, Gonzalez, did a lot of standing up the committee wasn’t given the opchange the things that aren’t for economic policies that would portunity to vote on the bill. Gonfair.” be important steps toward making zalez’s testimony, though, lifted -Jesus Gonzalez life in Kentucky more fair. up the importance of the voices House Bill 368 would ensure of Kentuckians being heard in the that every renter in Kentucky would be covered under the legislative process. same set of protections as renters in Louisville, Lexington, and One legislator came up to him afterward and said, “I some Northern Kentucky communities. want to thank you. This is an issue I have always been against House Bill 2 would raise Kentucky’s minimum wage. and was not going to support. Your testimony has opened my HB 374 would close corporate tax loopholes to create eyes, and made me realize this is something we may need.” an Earned Income Tax Credit for low- and moderate-income KFTC members and allies continue to build support for working families, nudging Kentucky’s tax structure closer to comprehensive tax reform and will offer lots of great opportu-

nities to share the stories of people who know that Kentucky deserves better.

To share yours, or to schedule a workshop, contact Jessica Hays Lucas at jessicabreen@kftc.org or 859-276-0563.

Jesus Gonzalez and Rep. Jim Wayne testified with Jason Bailey of the Kentucky Center for Economic Policy in support of an Earned Income Tax Credit and HB 374.

SOKY members work toward statewide renters’ rights bill KFTC Southern Kentucky chapter members used the 2015 General Assembly to give their local work on renters’ rights a statewide platform.

The Uniform Residential Landlord Tenant Act (URLTA) is a set of codified best practices to clarify the terms of agreements between tenants and landlords.

It simply clarifies and standardizes the terms of a lease and protects renters from retaliatory evictions for reporting housing that is not up to code.

Based on best practices from the rental industry, URLTA is called a “win-win” for renters and landlords. Several states have adopted URLTA statewide. Kentucky’s state law, however, only allows individual communities to opt in to URLTA; it falls short of adopting it statewide.

A handful of Kentucky communities have adopted URLTA – Lexington, Louisville, some Northern Kentucky communities and a few other communities – but landlords and tenants in 116 counties are without the protections and stability provided by URLTA. The Southern Kentucky Chapter has been working to adopt URLTA in Barren and Warren counties and saw an opportunity to share their work with the rest of the state in the form of a statewide URLTA bill.

They worked with Barren County Rep. Johnny Bell and Rep. Mary Lou Marzian to develop and introduce the bill in the House.

KFTC members and allies from the WKU Student Coalition for Renters’ Rights, the Homeless and Housing Coalition, and the Kentucky Equal Justice Center raised awareness about HB 368 leading up to and throughout the session.

Together, members met with several members of House leadership and more than 20 legislators who represent unprotected renters. For a brand new bill, this was a good start and was compounded by the work of KFTC’s housing allies as well.

Jasmine Routin, of the WKU Student Coalition for Renters’ Rights and a SOKY KFTC member, has worked on URLTA locally and statewide. In a recent lobbying meeting to build legislative allies, Routin offered a statement about what it is like to live in a non-URLTA community. This is an excerpt: As a full-time student at Western Kentucky University working two part-time jobs, I need a secure, stable home. A group of friends and I rented a house.

We requested a written lease agreement that outlined our responsibilities and the landlord’s responsibilities.

For instance, the landlord was to continue paying the trash bill out of the rent money, while we were to cut the grass. We agreed on a 12-month lease. After a few months, the landlord evicted us. The letter gave no reason for the eviction, but stated that we needed to be moved out before the first of the month because the landlord’s daughter would be moving in. We had a lease, but the landlord informed me that it wasn’t valid since it hadn’t been notarized. That’s not true, but I believed him and didn’t feel like I had the tools or resources to fight it. We packed up our belongings and left.

My friends simply moved back in with their par-

ents. I did not have that option. The eviction left me homeless. I lived out of my car and bounced around from friend to friend. Without my security deposit, I did not have the resources to move into a different place. Living out of my car and bouncing from place to place, I was spending money on fast food and other necessities quicker than I was able to make money. I ended up living in my car for about two months, in the dead of winter, and I wasn’t able to afford another place for well over a year.

Kentuckians need protections of URLTA. The property I was paying money to live in was not maintained. The place was infested with roaches and mold, and I felt unsafe because of the countless times I came home to random people standing in my apartment.

People ask, “Why didn’t you just leave?” with the assumption that I had the resources. Many of us who are renting cannot afford to pick up and move. Kentucky citizens and landlords will benefit from URLTA, and that is why I hope passing a bill for URLTA to be instated will be taken very seriously.

The lack of renter protections in 116 counties creates unnecessary and unjust instability for the families and individuals who are impacted.

The lack of clarity and uniformity also clog up our courts; every lease sets out its unique terms, questions, and ambiguities. KFTC members will continue to build support for the bill until it is passed so that every Kentucky renter has a basic set of protections they can count on.

16 | Balancing the Scales

www.kftc.org | March 12, 2015

CHAPTER MEETINGS March 17: Northern Kentucky Chapter Meeting 7 p.m. at Center for Great Neighborhoods 1650 Russell Street, Covington.

Info: Joe@kftc.org or call 859-380-6103 March 19: Shelby County Chapter Meeting 6 p.m. at Stratton Community Center 215 W Washington Street, Shelbyville.

Info: Carissa@kftc.org or call 502-208-1696 March 19: Rowan County Chapter Meeting 6 p.m. at St. Alban’s Episcopal Church 5th St., Morehead.

Info: Sara@kftc.org or call 606-632-0051 March 19: 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 23: 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 23: Southern Kentucky Chapter Meeting 6 p.m. at The Foundry. 531 W. 11th Street, Bowling Green. Info: Info@kftc.org or call 606-878-2161 April 2: Scott County Chapter Meeting 7 pm. at Sociology House 514 Hollyhock Drive in Georgetown.

Info: Joe@kftc.org or call 859-380-6103 April 6: Wilderness Trace Chapter Meeting 7-8:30 p.m. at Inter-County Energy Community Room. 1009 Hustonville Road, Danville.

Info: BethBissmeyer@kftc.org or call 859-314-2044 April 13: 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 13: Big Sandy Chapter Meeting 7-8:30 p.m. at the Jenny Wiley Lodge, 75 Theatre Court, Prestonsburg.

Info: Jessie@kftc.org or call 606-263-4982 April 20: Perry County Chapter Meeting 6 pm at the Treehouse Cafe and Bakery, 426 Main St. Hazard.

Info: Jessie@kftc.org or call 606-263-4982

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