February 2020 – Balancing the Scales

VOLUME 39 NUMBER 1

BIG NEWS INSIDE …

Unique opportunities in 2020 ..... 3 Executive order restoring voting rights represents 15 years of work The story and celebration ......... 5 Does order apply to me? ........... 6 Still plenty to do in 2020 .......... 6

FEBRUARY 13, 2020

General Assembly coverage Fighting ‘War on Poor’ ............... 8 Defending democracy ................ 9 Promoting clean energy ........... 10 Defending families ..................... 11 Efficiency measures and rooftop solar mean net-zero energy for KFTC London office....................... 15

KFTC challenges officials in defense of democracy

Republicans’ SB 2 cited for voter suppression effort Story on page 9

Change Service Requested

scales

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

BALANCING THE

www.kftc.org | February 13, 2020

2 | Balancing the Scales

is a statewide grassroots social justice orga­­ni­ zation working for a new balance of power and a just society. KFTC uses direct-action organizing to accomplish the following goals: • 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 Cassia Herron, chairperson Alan Smith, vice chairperson Rebecca Tucker, secretary-treasurer Fannie Madden-Grider, at-large member Meta Mendel-Reyes, immediate past chair Chapter Representatives Emily Baldridge, Big Sandy Tiffany Duncan, Central Kentucky David Miller, Cumberland Carl Shoupe, Harlan County Connor Allen, Jefferson County John Wade, Madison County Greta Elenbaas, Northern Kentucky Courtney Combs, Perry County Amelia Cloud, Rolling Bluegrass Alvin Madden-Grider, Rowan County Joy Fitzgerald, Shelby County Summer Bolton, Southern Kentucky Jim Gearhart, Western Kentucky Shannon Scott, Wilderness Trace Alternates: Mikaela Curry, Big Sandy; Rachel Norton, Central Kentucky; Stephanie Kingsley, Cumberland; Chase Gladson, Harlan County; Courtney Kearney, Jefferson County; Susan Haddix, Madison County; Paul Schwartz, Northern Kentucky; Bobby Duff, Perry County; Kali Reagan, Rolling Bluegrass; Allie Secor, Rowan County; Tammy Barrett, Shelby County; Teresa Christmas, Southern Kentucky; Shannon Davis-Roberts, Western Kentucky; Eric Mount, Wilderness Trace

Table of Contents KFTC News Executive Corner: There are many unique opportunities for KFTC in 2020 .................... 3 Endorsement considered in Senate Democratic primary ........................................................ 4 KFTC London office on track to be completely solar-powered .......................................... 15 Kevin Short joins KFTC Organizing Team .................................................................................... 15 KFTC Calendar of Events ................................................................................................................... 16 Voter Empowerment Voting rights victory, Beshear order represents years of work .............................................

Voter registration deadline is April 20 ............................................................................................

How do I know if Beshear’s executive order applies to me? ..................................................

Voting Rights Coalition sets ambitious goals for the year ......................................................

Many activities help move voting rights awareness ..................................................................

5 5 6 6 7

Kentucky General Assembly KFTC members choose each other, legislators fall short . ....................................................... 8 House leaders prioritize “War on Poor” bill .................................................................................. 8 Voter suppression effort gets priority from legislators ............................................................ 9 KFTC members fight against repressive voter ID bill ................................................................ 9 Bills could make energy more affordable for Kentuckians ................................................... 10 Bills could help address discrimination, racism in our laws ................................................... 11 SB 1 addresses non-existent problem as Senate goes after immigrant families ............ 11 Bills would start to change our justice system .......................................................................... 12 Bills both increase and deny access to health care ............................................................... 12 New Energy and Just Transition Media campaign pushes Congress to act on RECLAIM Act and black lung funds ................................................................ 13 Community groups raise Blackjewel’s reclamation liability ............................................................... 14 Empower Kentucky cohort has resources to share ............................................................... 14

Why are KFTC members appearing on billboards in Kentucky?

See story on page 13.

On the Front Cover: following a Senate committee hearing on Senate Bill 2, a voter ID bill that likely would result in suppressed votes, KFTC members challenged the views and testimony of Secretary of State Michael Adams. A KFTC delegation later met with Secretary Adams to continue the conversation, with the message that “voter suppression is violence.”

Balancing the Scales is published by Kentuckians For The Commonwealth and sent as third class mail from Louisville. Reader contri­butions and letters to the editor should be sent to P.O. Box 864, Prestonsburg, KY 41653 or jhardt@kftc.org. Subscriptions are $20/yr.

www.kftc.org | February 13, 2020

Balancing the Scales | 3

executive committee corner

There are many unique opportunities for KFTC in 2020 all forms of oppression. We choose each other when With so many challenges before us, it is easy to we work together for racial justice. It is exciting to be feel overwhelmed. But challenges also offer opportuat the point where we can put into practice what we nities. At this special moment, we have the chance This is a unique time to impact our state in new and lasting ways. We learned from two years of assessment and planning. for KFTC and to be a Applying a racial justice lens to all of our work have strong leadership on the Steering and Executive member of the Executive – internally, within our organization, and externally Committees. We also have an active membership, Committee. We are a grassthrough our programs and campaigns – strengthens and many ways for us to participate during the signifroots organization that has KFTC. We also become a model for predominantly icant year ahead. been going strong since 1981. white social justice organizations around the country. We choose each other, and when we work toOur mission has always been to By demonstrating how to address racism head on, we gether, we choose a better Kentucky. empower people to work together strengthen the national moveto build new power. That’s what it takes to challenge ment toward racial justice. injustices, right wrongs and improve the quality of life In addition, KFTC is The KFTC Steering Committee met in Richmond on February 1. They acting on our commitment to opened the meeting with a review of the 2020 KFTC Program of for all Kentuckians.

We are leaning into that mission in 2020 and economic justice by recogniz- Work charts. These charts reflect the major "buckets" of KFTC's work have been building for this moment for a long time. ing our staff’s union, CMRJB/ for the year and the key Recognizing the challenges we face and the Workers United. A unionized outcomes in each. Comunique opportunity before us, KFTC has gone KFTC is not merely a way to mittee members discussed “all-in” on electoral work. It is vital to elect the best address issues in the work- the breadth of the work as candidates we can. Better candidates in office means place; it strengthens our work well as the intersectionalthat we can move beyond the frustration of lobbying throughout the state. We all ity of the buckets. politicians who brag about being on the side of the know how committed our staff wealthy and powerful. With new leaders committed is – they deserve to be heard to representing all Kentuckians, we could take sig- and to participate in making nificant steps toward our vision of a Kentucky that decisions about their working works for all of us. conditions.

Electoral work is our chance to make a lasting A strong staff can do difference. We know we can do it because we threw even more to work effectively The committee down during the 2019 governors’ race, and helped for KFTC and the state of also checked in elect Andy Beshear to office. Next up: let’s send a Kentucky. Growing numabout next steps bers of social justice workers certain senator into retirement. in the staff union We are also at a key moment in our commitment across the country are forming process. They to racial justice, the implementation of the KFTC unions. As with our racial jusreviewed and Racial Justice Assessment. As a mostly white orga- tice commitment, we hope for affirmed a process nization in a mostly white state, we have a unique KFTC to be an example for for considering enopportunity to resist the attempts of the elite in Ken- how to apply economic justice dorsements from tucky and the nation to divide us through racism and to ourselves.

KFTC's New Power PAC in 2020, and had some prelimBecome part of KFTC’s effort to reach, register, inary discussion inform and inspire new and unlikely voters in 2020 about the U.S. Senate primary Let us know you’re interested at: election. Finally, wearekentuckians.org/volunteer they reviewed financial reports.

By Meta Mendel-Reyes Immediate Past Chairperson

Announcing:

KFTC 2020 Annual Membership Meeting July 24-26, 2020 at Berea College

Mark your calendars now!

www.kftc.org | February 13, 2020

4 | Balancing the Scales

Building Grassroots Power

Endorsement considered in Senate Democratic primary

KFTC Executive Committee members are considering an endorsement in the Democratic primary for U.S. Senate, which will decide the candidate to challenge incumbent Mitch McConnell in the November General Election.

Ten candidates filed for the Democratic primary, to be held May 19. They include several candidates who support KFTC’s vision and values on one or two or across a range of issues.

“Endorsements are one tool in our voter empowerment toolbox, but they are only meaningful when they align with our values,” pointed out Rebecca Tucker, KFTC’s secretary-treasurer.

In making a decision, KFTC leaders consider multiple factors, including if the candidate shares KFTC’s values and supports its policy priorities; if they are from an underrepresented constituency and demonstrate good community leadership; will they run a credible campaign and advance the issues and values KFTC members care about; and, do they want KFTC’s endorsement and will KFTC’s endorsement advance their campaign.

“I believe that KFTC's endorsement will give us a shared voice that will lift up candidates who share our vision, and they will gain power when we put in the work to make that voice heard,” Tucker added.

While the senate primary is the most immediate race committee members are considering – including whether or not to make an endorsement at all – endorsements in other races will be made, especially for the general election in the fall.

The endorsements are made through KFTC’s New Power PAC, an independent expenditure political action committee, meaning it cannot coordinate activities with campaigns or candidates. KFTC launched the New Power PAC in 2010 as a vehicle to spotlight and endorse progressive candidates.

“Over the years and decades, thousands of KFTC members have worked hard to build New Power. We enjoy the fruits of their labor, and build on their efforts by putting the weight of our membership behind candidates The KFTC Executive Committee is (left to right) Cassia Herron, that share our values,” explained KFTC chairperson; Rebecca Tucker, secretary-treasurer; Fannie MadVice-Chairperson Alan Smith. “We den-Grider; at-large representative; Meta Mendel-Reyes, immediate have the ability to move the needle, as past chairperson; and Alan Smith, vice-chairperson. we saw in the governor's race. Now is the time for KFTC and the New Power KFTC is to credibly challenge the power of political PAC to flex our muscles.” foes and build its vision for a real democracy. These Executive Committee members also recognize limitations make the endorsement process challenging there are inherent limitations in making endorse- and feel less than ideal at times. ments. Candidates are not perfect, and most endorsed In mid-February, committee members, other candidates are likely to be really solid on most issues, KFTC leaders and staff representatives interviewed the but fall short on another issue. Some great candidates Democratic senatorial candidates who agreed to an have no chance of winning. Some “okay” candidates interview. All candidates also were sent an issue quescould help change the political landscape in significant tionnaire, with the answers published at KentuckyEways, if elected. lection.org.

Recognizing these limitations, committee mem- A primary endorsement decision, if one comes, bers say it’s still a necessary space to build power if will be announced in early March.

KFTC on social media Facebook www.KFTC.org/facebook For chapter Facebook pages, visit: www.kftc.org/links

The Northern Kentucky chapter is hosting a monthly Coffee for the Commonwealth, an informal time to chat with state legislators.

Thanks

@KFTC @NKY_KFTC @RBG_KFTC @MadCo_KFTC @EKY_KFTC

Instagram @jckftc @soky_kftc @centralkentuckykftc @northernky_kftc @kentuckiansforthecommonwealth

@JCKFTC @WT_KFTC @SoKyKFTC @VotingRightsKY

To find our photos on Flickr: www.flickr.com/ photos/KFTCphotos

for being a member or supporter of KFTC. You make the work you read about in Balancing the Scales possible – 38 years of it!

www.kftc.org | February 13, 2020

Balancing the Scales | 5

Voter Empowerment

Voting rights victory, Beshear order represents years of work In December, Governor Andy Beshear signed an executive order to restore voting rights for an estimated 140,000 people with felonies in their past. It’s an overwhelming and powerful victory 15 years in the making that has the potential to deepen democracy in Kentucky.

KFTC members got most of what they thought possible in the executive order. Most importantly there’s no individual application process – a hurdle that made then Gov. Steve Beshear’s 2015 executive action on voting rights ineffective.

Also, outstanding fines and fees will not exclude people from being able to vote. The only step someone has to take after determining that the order applies to them is to register to vote.

It’s not everything KFTC pushed for, however.

The order excludes people with “violent” felonies using a broad and complicated definition of violent that many Kentuckians who have lost the right to vote will struggle to figure out.

Even when fully implemented and reaching 140,000 new voter registrations, that’s just under half of the people who are denied the right to vote by Kentucky’s felony disenfranchisement law. It’s a major victory, there’s a lot more to do.

Nearly 100 KFTC members and representatives from more than a dozen ally groups made it to Frankfort on short notice to witness Beshear signing the order. Members with felonies in their past spoke to the media before the signing of the executive order,

Voter registration deadline is April 20

April 20 is the deadline to register to vote in the May 19 primary election.

KFTC members will be working hard to register friends and neighbors leading up to that date, making sure that people are registered to vote where they’re now living.

Seventeen-year olds who will be 18 on or

by November 3 can register by April 20 and vote in the primary as 17-year-olds.

KFTC effort will emphasize reaching and registering the estimated 140,000 people with felonies in their past who got their right to vote back from Gov. Beshear’s recent executive order to restore voting rights.

connecting with most major news outlets in the state, plus national and international papers like the New York Times, the Independent and the Guardian.

In particular, Debbie Graner, Bill Rone, Jeremy Baltz, Tayna Fogle, Shelton McElroy, James Snyder, Michael Hiser and Juan Gomez all spoke to the media telling their personal stories. At one moment, as many as six peo- Nearly 100 members of KFTC and the Voting Rights Coalition were in ple with felonies in their past attendance when Gov. Andy Beshear signed the executive order restoring were in the capitol rotunda voting rights for many Kentuckians. giving an interview at once, Here are some important next steps: and Debbie Graner spoke to seven media outlets over the course of a few days.

All that has added up to a lot of strong media at- • Celebrate! This victory was a long time coming and tons and tons of KFTC members and allies tention with remarkably little political pushback from deserve kudos. People who have lost their right to anyone who opposes voting rights. vote (whether this order will restore their rights The executive order represents years of effort. Earor not) are responsible for this victory. lier this year, KFTC members met with Andy Beshear to talk about this issue, and with allies had a mass • Help with voter registration campaigns focused on people who just got back their right to vote. mobilization in February in Frankfort pushing Governor Bevin to take action on Voting Rights. KFTC • Pressure the Beshear administration to do all they can to make the process more transparent members got 5,000 people to sign a petition for Voting and accessible, by troubleshooting it and ideally Rights and mobilized those same people to vote in expanding it.

November. It all added to the win.

Over the last 15 years, KFTC members and allies • Continue pushing for a constitutional amendment in the 2020 legislative session to deepen, have painstakingly built support around this issue by broaden and make permanent this voting rights developing leaders, raising awareness and winning win. smaller victories.

Kentucky Voting Rights Coalition The Voting Rights victory would not be possible without tireless work by allied organizations who have worked on this issue for years – Kentucky Council of Churches, Poor People's Campaign, Louisville Standing Up for Racial Justice (SURJ), People's Campaign, Bluegrass Activist Alliance, League of Women Voters of Kentucky, People Advocating Recovery, Black Live Matter Louisville, Young People in Recovery, American Civil Liberties Union, Catholic Conference of Kentucky, United Food and Commercial Workers, Women’s Network, Kentucky Equal Justice Center, Kentucky Association of Criminal Defense Lawyers, Jewish Community Relations Council, Kentucky Black Caucus of Local Elected Officials, Quaker Committee for Kentucky Legislation, Fairness Campaign, Kentucky Coalition Against Domestic Violence, 874k Coalition, Kentucky Mental Health Coalition, Kentucky Alliance Against Racist and Political Repression, AFSCME Council 962, NAACP, Frankfort Anti-Racism Advocates, Commonwealth Alliance, Louisville Urban League, Appalshop, Mijente, Common Cause, National Conference of Firemen and Oilers/Service Employees International Union (SEIU) Kentucky, Central Kentucky Council for Peace and Justice, Kentucky AFL-CIO, Together Frankfort, All of Us or None, and Making Changes Together along with KFTC.

www.kftc.org | February 13, 2020

6 | Balancing the Scales

Voter Empowerment

How do I know if Beshear’s executive order applies to me?

After Governor Andy Beshear signed an executive order restoring the right to vote to an estimated 140,000 Kentuckians with felonies in their past, the Campaign Legal Center put together a great tool at www.Restoreyourvote.org to help people figure out whether Beshear's Executive Order applies to them.

• • • • •

•

Exclusions in the executive order are people convicted of: Any capital offense; Any Class A felony; Any Class B felony involving death of the victim or serious physical injury to a victim; Any Class B felony involving attempted murder if the victim of the offense is a clearly identifiable peace officer or firefighter acting in the line of duty, regardless of whether an injury results (KRS 506.010); Any attempted felony sexual offense (KRS Chapter 510);

• • • • • •

• •

It asks a series of questions to determine if someone can register to vote, and, if so, connects to an online voter registration portal. For people excluded from the executive order but who have served their time, there's still the option of requesting voting rights through an individual partial pardon from the governor.

Any Felony Sexual Offense (KRS 510); Assault 1st or 2nd (KRS 508.020) Assault under extreme emotional disturbance (KRS 508.040(a)); Bribery in an election (KRS 521); Burglary 1st accompanied by commission or attempted commission of kidnapping (KRS 509.040); Burglary 1st accompanied by commission or attempted commission of an assault described in KRS 508.010, 508.020, 508.032, or 508.060; Criminal abuse 1st (KRS 508.100); Fetal Homicide 1st, 2nd, 3rd or 4th (KRS 507A)

In addition, one does not yet have the right to vote if they are still on probation or parole, have any pending felony charges or arrests against them, or if the felony was an out-of-state or federal conviction.

If one determines that the executive order includes them, simply register to vote by going to the local county clerk's office and filling out a voter registration card, or register online at GoVoteKY.com.

A lot of exclusions were included in the executive order, which can make

• • • • • • • • • •

Human Trafficking (KRS 529.100); Manslaughter 1st or 2nd (KRS 507.030.040); Murder (KRS 507.020); Promoting a sexual performance by a minor (KRS 531.320); Unlawful transaction with a minor 1st (KRS 530.064(1)(a)); Use of a minor in a sexual performance (KRS 531.310); Reckless Homicide (KRS 507.050); Robbery 1st (KRS 515.020); Strangulation 1st (KRS 508.170) Treason

trying to register voters with felonies in their past tricky. KFTC will be putting together some resources and workshops in the coming weeks to equip people to register voters who just got back their right to vote.

KFTC believes that every adult deserves the right to vote, which is why we continue to push for passage of a proposed constitutional amendment that's much simpler and much more permanent to restore voting rights to everyone once one has completed a sentence (House Bill 6 in the 2020 General Assembly).

Voting Rights Coalition sets ambitious goals for the year More than 40 people from 22 organizations gathered in mid-January to celebrate recent voting rights victories, come to a shared understanding of Beshear’s executive order, plan work in the General Assembly to pass a robust constitutional amendment, and to start to think about how to register the estimated 140,000 Kentuckians who just regained the right to vote.

The legislative focus between now and April 15 will be on House Bill 6, Rep. Charles Booker’s bill to restore voting rights to all Kentuckians after they’ve served their time. This bill is still needed because it doesn’t have the same exclusions as Beshear’s executive order and it would be permanent.

Coalition members will be at the capitol throughout the legislative session, especially on Tuesdays, to meet in groups with legislators, mixing experienced grassroots lobbyists with people who have not lobbied before.

Coalition members also set an ambitious goal of bringing in 10,000 signatures on our Voting Rights

petition by the primary election on May 19. To sign the petition online go to: kftc.org/VotingRights.

Copies of the petition can be printed to circulate for additional signatures.

2020 Voting Rights Calendar April 20: Primary Election voter registration deadline (note that 17-year olds who will be 18 on or by November 3 can register by this date and vote in the primary as 17 year olds) May 19: Primary Election Day July 24-27: KFTC Annual Meeting (with Voting Rights workshop) August 1: Fancy Farm Picnic September 4-6: Roots and Heritage Festival October 5: General Election voter registration deadline November 3: General Election for many federal, state and local offices

More than three dozen groups participate in the Voting Rights Coalition, with many taking part in the January 13 meeting to plan strategy for 2020.

www.kftc.org | February 13, 2020

Balancing the Scales | 7

Voter Empowerment

Many activities help move voting rights awareness Over 36 hours in late January, KFTC members participated in three big voting rights events – a Voting Rights Lobby Day, a Criminal Justice Panel Discussion and a press conference for House Bill 6.

Voting Rights Lobby Day On January 28, more than two dozen KFTC grassroots lobbyists had 34 meetings with legislators to talk about House Bill 6, the bill to restore voting rights to all people with felonies in their past after they complete their sentence. In addition, 60 workers with the United Food and Commercial Workers Union

included HB 6 as a part of their conversations with legislators.

Members also participated in the Kentucky Council of Church's Prayer in Action Day on Voting Rights.

Members built up their confidence in speaking truth to power while having both frustrating and friendly conversations with both legislative foes and allies.

Criminal Justice Panel Discussion The Women's Network, Together Frankfort, Kentucky State University and KFTC cosponsored a Reforming Criminal Justice in Kentucky panel discussion that same night. Topics were wide ranging and focused on reducing recidivism and building a better, more humane criminal justice system.

Debbie Graner, a KFTC leader with a felony in her past, spoke about voting as a key way to reduce recidivism and talked about the path forward for voting rights.

More than 60 people attended and KFTC members circulated the petition for restoration of voting rights for people with felonies in their past.

Press Conference for House Bill 6

Members in the Northern Kentucky chapter role play a lobbying visit with a legislator during their recent lobbying training.

Representative Charles Booker held a press conference on House Bill 6. The Voting Rights Coalition

Debbie Graner (center, at front table) spoke at the Criminal Justice Forum at Kentucky State University.

was represented with Keturah Herron of ACLU-Kentucky and Debbie Graner of KFTC speaking to show their support.

“Last election, 312,000 Kentucky citizens of voting age were not allowed to vote because of Kentucky’s uniquely harsh voter disenfranchisement law,” Graner said. “That’s about 1 in 11 voting-age Kentuckians.

“Beshear’s order is complicated and too narrow.

I actually got my right to vote through that order. It took a week and a few conversations with lawyers to figure out if it even applied to me. And it’s temporary.

We need a broad constitutional amendment to make sure no Kentuckian is punished beyond their sentence and everyone can vote after they’ve served their time.

Representative Booker’s House Bill 6 is the answer.”

Join KFTC or renew your membership to support our General Assembly work.

NAME:

_____________________________________________

ADDRESS: _____________________________________________ CITY:

_____________________________________________

STATE & ZIP: ____________________________

_________

HOME PHONE: ________________ CELL PHONE: ________________ EMAIL:

_____________________________________________

Select what organization you would like to donate to: □ KFTC: Membership dues and donations are not tax-deductible. □ Kentucky Coalition: Membership dues and donations are tax-deductible.

Mail this form to KFTC, P.O. Box 1450, London KY 40743 Join or renew online: www.KFTC.org/RenewNow

I will give: □$250 □$100 □$50

□$25

□$15 □$5

Other Amount: $_______

Suggested membership dues are $15-$50 annually, based on ability to pay.

We welcome you to give whatever amount you are able.

Payment Method:

□ Check or money order enclosed. □ Credit card: Complete information below. □ Visa □ Mastercard □ Am. Express □ Discover

Card Number: __ __ __ __ -__ __ __ __ -__ __ __ __ -__ __ __ __ Expiration Date ___ ___ / ___ ___ I authorize KFTC/KY Coalition and their authorized third-party processing vendor(s) 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.

Authorized Signature: _________________________________ Date: _______________________________________________

www.kftc.org | February 13, 2020

8 | Balancing the Scales

2020 Kentucky General Assembly

KFTC members choose each other, legislators fall short Kentuckians know what our communities need to thrive. It’s looking out for each other and treating each other like neighbors. It’s a healthy democracy – one that pushes our government to provide the support and services we need to live healthy and happy lives.

But many of our elected leaders in Frankfort have prioritized bills that, instead of addressing Kentucky’s real challenges, aim to turn us against each other. Some politicians want to stoke fear and blame against people based on where they come from, what they look like, or how much money they have.

Taxes, Budget and Quality of Life Kentuckians need good jobs, clean air and water, and quality education. We deserve healthy, vibrant communities, where everyone contributes their fair share toward our shared goals. This Kentucky is possible, but we need to reform our state taxes. This year, we have the opportunity to advance many of these goals through the state budget process.

We’ll support bills that generate revenue, close tax loopholes that benefit corporations and the wealthy, and ensure everyone is paying their fair share of taxes that invest in needed public services.

We’ll also support bills that invest in public education and the people who teach our children and keep schools operating at a high level. This includes finding the funding to make these investments, not eroding the revenue base for public schools or diverting funding for charter schools.

These decisions will largely come through House Bill 352 – the two-year budget bill that funds all executive branches of government. HB 352 is Gov. Beshear’s proposal. It is likely to change in substantial ways as the House and then the Senate and then their joint negotiating team molds it based on their priorities.

While there are lots of public conversations about what should be budget priorities, there is often little public input into the final appropriations. Gov. Beshear proposed giving more emphasis and funding to areas like public education and health care, areas where the General Assembly has cut funding over the past decade.

KFTC will keep the pressure on legislators so that our final budget reflects the values and priorities of Kentuckians.

Bills also have been introduced that would raise the minimum wage, exempt feminine hygiene products from sales tax, and restore the prevailing wage.

We’ll continue to watch for legislation that improves the quality of life for all Kentuckians.

Kentuckians are better than that. Our strength comes from our ability to stand up for each other. Together, we can let the legislators know that we aren’t fooled by their efforts to divide us. And later this year, we can elect new leaders who will work for and with all of us.

Here are some of the top issues KFTC members are working on in the 2020 legislative session. Bills will be introduced through early March and the bills that KFTC has taken a position on will be will noted on our online Bill Tracker at www.kftc.org/bill-tracker.

Here are some quality of life bills, filed through February 10, that KFTC is working on or monitoring.

Additional bills may be filed through March 3.

House Bill 39 and Senate Bill 13 would raise the state minimum wage to $8.20 per hour in 2020 with annual increases until it reaches $15 in 2027; also raise the minimum wage for tipped employees to $2.13 and incrementally until it reaches $4.90 in 2023; include language permitting local governments to establish minimum wage ordinances in excess of the state minimum wage.

S U P P O R T

House Bill 138 would require the Department for Public Health to track data on maternal death and severe morbidity, and other provisions.

House Bill 21 would prohibit pre-existing condition exclusion and higher premiums based on health status in health insurance plans offered in any market. It also protects folks from possible changes

KFTC grassroots lobbyists chat with Sen. Reggie Thomas in the Capitol Annex hallway.

to federal law.

None of these bills has yet been allowed a hearing or a vote by legislative leaders. An update on the status of these bills can be found on the KFTC Bill Tracker – www.kftc.org/bill-tracker.

House leaders prioritize “War on Poor” bill House Bill 1 would make it harder for Kentuckians • Make it harder for families without bank acto get help for food, doctor’s appointments, child care counts to withdraw cash benefits to pay for rent, and more when they need it the most. The bill is a War utilities, babysitting and other necessities. on the Poor, creating more obstacles for Kentuckians • Establish harsh penalties, including a lifetime who are already struggling to make ends meet. ban from Medicaid if someone incarcerated for HB 1 contains numerous provisions that underdrug-related felony doesn’t enroll in a treatment mine health care and Medicaid, SNAP and food benprogram within 90 days of release. efits, negatively impacting poor and working • Incorrectly assume people misuse benefits. class Kentuckians. House Republicans have • Bring back work requirements for people made this their top priority covered by Medicaid, even for 2020. though these have been “I was hopeful that our elected officials The HB 1 Republican struck down in federal would stand up for Kentuckians who, at one cosponsors want to: court. time or another, need the public safety net.

oppose!

• •

Tell poor Kentuckians what groceries to buy.

Cut food assistance to homes with children.

Imagine my surprise when I found out … the War on the Poor is still with us and like so many wars, innocents are being harmed.”

– Sister Kathy Curtis

As of February 11, HB 1 was before the House Health and Family Services Committee.

www.kftc.org | February 13, 2020

Balancing the Scales | 9

2020 Kentucky General Assembly

Amid opportunities to strengthen democracy, voter suppression effort gets priority from legislators A Healthy Democracy Our democracy works best when elections are free and fair. When more of us have a say at the ballot box, we can elect those leaders who will stand up for all of us. In December, Governor Andy Beshear signed an executive order to restore voting rights for an estimated 140,000 people with felonies in their past. This is an important victory to celebrate – and there’s more to do.

We want to make this Voting Rights victory permanent, but without the exclusions included in Beshear’s executive order. We are working with the Voting Rights Coalition House Bill 6 – would restore voting rights to all persons convicted of a felony, without exception, once they have completed their sentence.

This takes the form of a proposed constitutional amendment, so the measure is subject to approval by Kentucky voters if the General Assembly agrees to put it on the ballot.

Several variations of this bill also have been filed, though each limits the number of people who would have their voting rights returned based on the type of crime committed, or in one case through a fiveyear waiting period. KFTC members and the Voting Rights Coalition are pushing for a “clean” bill, such as HB 6, that excludes no one.

An estimated 312,000 people in Kentucky couldn’t vote in the last election – or about 1 in 11 voting age Kentuckians. One in four Black Kentuckians could not vote due to the combination of overpolicing in communities of color and regressive voting rights policy. Kentucky has the nation’s highest rate of Black voter disenfranchisement.

to support House Bill 6, which would respect the rights of all folks who have a felony conviction in their past, without exception.

KFTC members also are in active conversations on other legislative efforts to expand voting access and participation, including same-day registration, early voting and extended voting hours. Unfortunately, legislative leaders are giving priority to bills that limit access to voting, including restrictive voter ID legislation. KFTC is working to stop these bills.

Here are specific healthy democracy bills, filed through February 10, that we are working on or monitoring. Additional bills may be filed through March 3.

The Executive Order by Governor Beshear will impact this number restoring the right to vote to an estimated 140,000 Kentuckians. But that leaves 172,000 people without the right to vote. And Beshear’s action is temporary until it becomes part of the state constitution.

Support!

Other Healthy Democracy bills A number of bills are designed to give people more opportunities to register and vote.

House Bill 78 and Senate Bill 43 would allow early, in-person voting at county clerks’ offices on three Saturdays prior to any election.

Some of the KFTC and Voting Rights Coalition members lobbying in Frankfort for House Bill 6.

House Bill 80 would allow Kentuckians to register to vote at their polling location on election day.

House Bill 81 would make each application for a driver’s license a simultaneous application for voter

registration, unless the applicant declines.

None of these bills has yet been allowed a hearing or a vote by legislative leaders. An update on the status of these bills can be found on the KFTC Bill Tracker – www.kftc.org/bill-tracker.

KFTC members fight against repressive voter ID bill KFTC members have been in Frankfort and on the phones to fight Senate Bill 2, a photo voter ID law designed to make it harder for some Kentuckians to vote by creating new hurdles for them.

It’s especially troubling for young, elderly, low-income and people of color communities – people who are less likely to have or need a photo ID. SB 2 is supposed to make it harder for people to impersonate someone else on election day. But even the bill's supporters can't come up with even one example this century of anyone trying to do that in Kentucky.

To address this non-existent problem, Republicans are pushing a complicated 66-page bill that restructures a lot of the voting process, and they’re trying to do it all in a hurry in time for this year’s election.

KFTC believes in making it easier for citizens to vote, though, not harder.

More than 400 KFTC members called legislators to oppose the bill as part of a call-in day in January, and 20 members were there for the Senate committee hearing with "No on SB 2" and "Voter Suppression is Violence" stickers that were very visible.

oppose!

“I’m afraid they’re going to try to prevent me from voting,” said Willie Perkins, a KFTC member from Lexington who doesn’t have an ID, was there. Perkins has been trying to get one, he doesn’t know if he’ll have it in time to vote this year.

Allies with the ACLU, the County Clerk's Association, League of Women Voters and Catholic Conference testified against the bill and have been working to make the bill less bad. But no changes to the bill would be better than simply not passing it.

Newly elected Kentucky Secretary of State Micontinued on next page

www.kftc.org | February 13, 2020

10 | Balancing the Scales

2020 Kentucky General Assembly

Bills could make energy more affordable for Kentuckians New Energy and Just Transition A Just Transition to a new energy system – one that protects our health and climate, benefits people and communities, and creates good, meaningful jobs – is possible. But each year, utility companies and the legislators they fund aim to take away our access to renewable energy and increase our electricity costs, while burdening our communities, workers and the environment.

In 2019, despite herculean efforts to show that solar is working for all Kentuckians and putting Kentuckians to work, legislators voted to pass the controversial net metering bill that undermines our growing solar industry and our progress towards a cleaner, healthier energy future. And in 2018, legislators voted to make it harder for miners with

S U P P O R T

House Bill 323 would make some amendments to various provisions of the anti-solar energy net metering law that passed in 2019. It would also provide more time before the full provisions of the 2019 law are implemented.

House Bill 126 would require the Public Service Commission to consider rate affordability when determining fair, just and reasonable utility rates.

House Bill 239 would repeal language in the 2018 workers’ comp law limiting who can perform evaluations in occupational disease claims. This law has been used to make it much harder for miners with black lung disease to qualify for compensation.

black lung to receive the diagnosis they need to access the black lung benefits they earned.

We deserve better – from our utilities and the Public Service Commission, from the coal industry, and from the elected leaders who are supposed to represent us.

This year, KFTC and other solar allies are working to reverse the damage from last year’s net metering bill, protect our most vulnerable friends and neighbors from the ever rising costs of electricity, and explore ways that our Public Service Commission can really be of service to the public. We’ll also support efforts to repeal language in the 2018 workers’ comp law that makes it much harder for miners with black lung disease to receive their compensation.

Here are specific energy and just transition bills, filed through February 10, that KFTC is working on or monitoring. Additional bills may be filed through March 3.

House Bill 44 would make it a felony to participate in certain types of protests against natural gas pipelines. It is modeled after a surge of similar legislation across the country which attacks the right of peaceful assembly as it pertains to gas and oil pipelines.

It aims to create new criminal and civil penalties for conduct, including peaceful protest, around gas and oil pipelines and other infrastructure facilities.

o p p o s e Members of KFTC and other solar advocacy groups met with Rep. Patti Minter during the Energy for the People Lobby Day on February 11.

KFTC members fight against repressive voter ID bill (continued) continued from previous page chael Adams, who’s been pushing the bill, also celebrated how “nice” the tone of the hearing was. But voter suppression is violence and some people in the room remarked that opponents shouldn’t always be so “nice” in the face of it.

Senator Morgan McGarvey asked if Adams could cite even one case of someone impersonating a voter in Kentucky (he couldn't) and asked whether it's reasonable to build a massive infrastructure that keeps people from voting to address a problem that doesn't even exist.

Adams countered that people might try to impersonate voters in the future and it makes sense to address the problem before it happens. And he said that there's a perception that this kind KFTC members after meeting with Secretary of State of voter fraud exists, Michael Adams about SB 2 and other voting issues. so passing this law

would increase confidence in the electoral system. Adams also implied that former president Jimmy Carter supports mandatory photo IDs for voting (he does not).

Senator Johnny Ray Turner said that lots of people in eastern Kentucky are born at home (including his wife). She's had a hard time getting a birth certificate, even as connected as she is. So many people will fail to get an appropriate ID. KFTC Democracy Fellow Tayna Fogle caught Adams after the committee meeting and told her story, pushing against SB 2. “It's my job to bring people into the democracy and to tell them democracy works. But democracy didn't work today,” she said.

SB 2 passed Senate State and Local Government 8-3 along a party-line vote. It passed the full Senate 29-9, but hasn’t yet come up for a floor vote in the House.

ACTION NEEDED: There’s still time to stop SB 2 in the House. Call the Legislative Message Line (800-372-7181) and leave a message for your representative (the operator can help you figure out who that is if you don’t know). The message is “Please OPPOSE SB 2.”

The message line is open 8 a.m. to 9 p.m. on days the legislature meets (except only until 6 p.m. on Fridays). Check the KFTC Bill Tracker (kftc.org/bill-tracker) for the current status of the bill.

www.kftc.org | February 13, 2020

Balancing the Scales | 11

2020 Kentucky General Assembly

Bills could help address discrimination, racism in our laws Racial Justice and Civil Rights KFTC is working for a day when discrimination is wiped out of our laws, habits and hearts.

But Senate leadership opened the session with Senate Bill 1, which would create a mandate for most public agencies in Kentucky to assist Immigration and Customs Enforcement. It has been dubbed the Family Separation Bill because it would force employees to participate in the detainment and deportation of immigrants in Kentucky. KFTC members and allies have been speaking up against this, and other harmful anti-immigrant bills.

Passing a statewide fairness law is a top priority for many Kentuckians. Experience shows that defending existing local fairness ordinances, and the right of local governments to adopt such ordinances, also needs to be a legislative focus. We’ll also support LGBTQ+ Kentuckians by supporting bills that ban conversion therapy and fighting legislation like a “bathroom bill” that aim to stoke fear against and limit the rights of trans and non-binary Kentuckians.

We’ll support legislation that bans discrimination against natural and protective

hairstyles worn by Black Kentuckians. And we’ll watch for bills that will have a disproportionate impact on communities of color in our state.

Here are specific racial justice and civil rights bills, filed through February 10, that KFTC is working on or monitoring. Additional bills may be filed through March 3.

House Bill 225 would expand anti-discrimination protections to Kentuckians based on sexual orientation and gender identity in housing, employment, public accommodations and financial transactions.

House Bill 199 and Senate Bill 85 would ban LGBTQ “conversion therapy” for minors. Sometimes called “reparative therapy,” conversion therapy is a practice that falsely claims to change folks’ sexual orientation and gender identity.

House Bill 33 would provide definitions of “protective hairstyle” and “race” that include traits historically associated with race to various civil rights protections.

S U P P O R T

SB 1 addresses non-existent problem as Senate goes after immigrant families Senate Bill 1 would create a mandate for most public agencies in Kentucky to assist Immigration and Customs Enforcement. It has been dubbed the Family Separation Bill, because it would force employees to participate in the detainment and deportation of immigrants in Kentucky.

SB 1 would require any public agency receiving 25 percent or more of its funding from state or local public funds to enforce federal immigration law, with some exceptions for public schools. It would apply to many universities, health departments, child protective services, domestic violence shelters, libraries and more.

o p p o s e

If passed, this bill would come at a significant cost to all Kentuckians. The increase in detainment and deportations will separate and hurt families. SB 1 will worsen overcrowding in local jails and move kids from loving homes into foster care. Though exceptions are made for public school employees, the constant threat of separation can make it impossible for kids to show up ready to learn.

SB1 would also create new barriers for immigrants and their families to see a doctor when they’re sick or seek life-saving support in a dangerous situation.

These barriers would exist even though immigrant Kentuckians pay more in state and local taxes than

How senators voted on Senate Bill 1 VOTED YES ON SENATE BILL 1: Ralph Alvarado, Jared Carpenter, Danny Carroll, Matt Castlen, CB Embry, Rick Girdler*, David Givens*, Ernie Harris, Jimmy Higdon, Paul Hornback, Stan Humphries, Chris McDaniel*, Stephen Meredith, Robby Mills, Michael Nemes, Julie Raque Adams, Albert Robinson*, John Schickel*, Wil Schroder, Brandon Smith, Robert Stivers, Damon Thayer*, Johnny Ray Turner*, Steve West, Whitney Westerfield, Phillip Wheeler*, Mike Wilson, Max Wise VOTED NO ON SENATE BILL 1: Tom Buford, Julian Carroll, Perry Clark, Denise Harper Angel, Alice Forgy Kerr, Morgan McGarvey, Gerald Neal, Dennis Parrett, Reginald Thomas*, Robin Webb Has either a primary or general election race in 2020.

Virginia Johnson, Debbie Graner and Judy Schroeder Watrous visit with Rep. Attica Scott.

they use – and more importantly, are valued members of our communities who deserve the same services and protections we all depend on.

The aggressive enforcement proposed in SB 1 would require significant time and resources and come at the risk of costly litigation for misinterpreting complex federal law. The bill is not only cruel, but impractical for public agencies that are underfunded and have already been pushed to cut the services that all Kentuckians need to live happy, healthy lives.

As of this writing (February 11), SB 1 passed the Senate, 28-10, on February 4 and was before the House Judiciary Committee.

ACTION: Call the Legislative Message Line (800372-7181) and leave a message for your representative (the operator can help you figure out who that is if you don’t know). The message is “Please OPPOSE SB 1.”

www.kftc.org | February 13, 2020

12 | Balancing the Scales

2020 Kentucky General Assembly

Bills would start to change our justice system Criminal Justice

The bills listed on this and other General Assembly pages are not a comprehensive list of legislation KFTC is paying attention to in the 2020 legislative session. Visit the KFTC Bill Tracker (kftc.org/bill-tracker) for a more complete list.

The KFTC Executive Committee meets regularly to take positions on key bills, track legislative actions and direct legislative strategy. The information on the Bill Tracker is updated regularly.

KFTC’s platform calls for a transition from our punitive justice system to a restorative one that honors the inherent dignity of all individuals. We reject the privatization of the criminal justice system and its targeting of poor folks and Kentuckians of color.

A bill that would repeal portions of the problematic “Youth Incarceration” bill that became law during the 2018 legislative session has been filed and is on our radar.

Legislation that would establish an Officer Shooting Review Board to investigate any shooting of an individual by a law enforcement officer or any deadly incident involving law enforcement is also on our radar.

We’re also watching a bill that would make the penalty for possession of a personal use quantity of marijuana a prepayable non-criminal fine. It also would allow expungement of convictions for possession of a personal use quantity of marijuana.

A bill that would prohibit employers from requiring disclosure of prior criminal history as part of the initial job application (“Ban the Box”) has been filed, as well as a bill that would prohibit application of the death penalty if the accused has a diagnosis of serious mental illness. We support abolition of the death penalty, and will be watching for a clean bill.

Here are some specific criminal justice bills, filed through February 10, that KFTC is working on or monitoring. Additional bills may be filed through March 3.

S U P P O R T

Bills both increase and deny access to health care Health Care

KFTC supports quality, affordable, and comprehensive health care. After Governor Beshear’s executive order that rescinded former Governor Bevin’s Medicaid work requirements, we’re watching for any bills that restrict or take away Kentuckians’ ability to access health care.

After passing increasing draconian anti-choice legislation, Republicans are continuing efforts to restrict access to reproductive care in Kentucky, including an anti-abortion constitutional amendment and an abortion gag rule.

Bills have been introduced that would limit patients’ financial liability for unintended out-of-network medical care, would prohibit pre-existing condition exclusion and higher premiums based on health status in health insurance plans, and would require the Department for Public Health to track data on maternal death and severe morbidity, and other provisions.

Here are some specific health care bills, filed through February 10, that KFTC is working on or monitoring. Additional bills may be filed through March 3.

House Bill 21 would prohibit pre-existing condition exclusion and higher premiums based on health status in health insurance plans offered in any market. It also protects folks from possible changes to federal law.

Support!

House Bill 237 would prohibit application of the death penalty if the accused has a diagnosis of serious mental illness.

House Bill 138 would require the Department for Public Health to track data on maternal death and severe morbidity, and other provisions.

House Bill 43 would make it unlawful to require a job applicant to disclose their prior criminal history as part of the initial job application.

House Bill 67 proposes a constitutional amendment which maintains that Kentucky’s Constitution does not secure or protect a right to abortion or funding of abortion as a health care choice, and House Bill 142 would prohibit public funds to go to any entity, organization or individual that performs, induces, refers for or counsels in favor of an abortion as a health care choice.

House Bill 62 would repeal portions of the problematic “Youth Incarceration” Bill that became law during the 2018 legislative session.

oppose!

House Bill 10 would establish an Officer Shooting Review Board to investigate any shooting of an individual by a law enforcement officer or any deadly incident involving law enforcement.

Senate Bill 8 would require schools to have security officers present and that they carry a firearm.

oppose!

See the list of General Assembly lobby days and rallies, and sign up to lobby with KFTC at:

www.kftc.org/2020GA

Members of KFTC, the Poor People’s Campaign and the Kentucky Council of Churches discuss issues with Rep. Kevin Bratcher.

www.kftc.org | February 13, 2020

Balancing the Scales | 13

New Energy and Transition

Media campaign pushes Congress to act on RECLAIM Act and black lung funds In January, KFTC and several ally groups launched a paid media campaign – including 10 billboards plus radio, newspaper and digital ads in central and eastern Kentucky – calling on members of Congress to stand up for coal miners and communities by passing a package of Just Transition bills in 2020.

The campaign’s message is that Congress must “Fix What’s Broke” by passing bills to clean up abandoned coal mines and polluted waterways and by extending funding for the Black Lung Disability Trust Fund for an additional 10 years.

“All these issues are connected,” said Teri Blanton, a former chairperson of KFTC who grew up in Harlan County and whose father died of black lung disease. “It took years of struggle to win the federal laws to protect our health and environment, and decades more to get those rules enforced.

“Now the coal industry wants Congress to let them off the hook. They don’t want to have to pay for black lung benefits or to clean up abandoned mines. Elected leaders can’t let them turn their backs on our workers and communities.”

The ads feature 20 portraits of individual Kentuckians, including coal miners with black lung disease, widows and close family members of miners, and other eastern Kentucky residents affected by unreclaimed mines and polluted water. Each message urges Kentuckians to learn more and take action through the campaign’s website: FixWhatsBroke.com.

KFTC’s paid media is part of a campaign supported by a broad coalition of groups to pass a package of related bills through Congress in 2020. The groups are calling on Congress to: •

Restore funding for the Black Lung Disability Trust

Contact members of Congress Sen. Mitch McConnell (202) 224-2541 – Washington Online: https://www.mcconnell.senate. gov/public/index.cfm/contactform Sen. Rand Paul (202) 224-4343 – Washington Online: https://www.paul.senate.gov/ contact

•

•

Fund for the next 10 years to protect essential benefits for miners with black lung disease and their families (H.R. 3876 and S. 3172); Pass the RECLAIM Act to invest $1 billion over the next five years in creating good jobs while cleaning up abandoned mine sites and polluted waterways (H.R. 2156); Reauthorize the Abandoned Mine Land (AML) Program, which requires coal companies to pay into the fund used to reclaim old mine sites and polluted waterways (H.R. 4248).

“We’ve already seen some results,” said Jimmy Moore, president of the Southeast Kentucky Black Lung Association. “I do believe that the one-year extension of the black lung fee which Congress passed last December was a result of all the work we’ve put in.

“But a one-year fix is a political thing. It doesn’t solve the serious problems facing the Black Lung Disability Trust Fund. So, we’ll just continue to fight.”

Currently, the bills are moving forward in the U.S. House, with some support from Kentucky’s congressional delegation. Rep. Hal Rogers and Rep. Brett Guthrie are cosponsors of the RECLAIM Act, while Rep. John Yarmuth is a cosponsor of both the RECLAIM Act and the Black Lung bill.

The House Natural Resources Committee voted to advance the AML Reauthorization Bill on January 15. With that, all three House bills are now ready for a vote on the House floor and may be rolled into a single bill before a vote to send them on to the Senate.

The Senate, at the initiative of Mitch McConnell, also could pass their versions of these bills and send them to the House.

Rep. James Comer, 1st District (202) 225-3115 – Washington (270) 487-9509 – Madisonville (270) 408-1865 – Paducah (270) 487-9509 – Tompkinsville Online: https://comer.house.gov/contact Rep. Brett Guthrie, 2nd District (202) 225-3501 – Washington (270) 842-9896 – Bowling Green Online: https://guthrie.house.gov/contact Rep. John Yarmuth, 3rd District (202) 225-5401 – Washington (502) 933-5863 – Louisville (502) 582-5129 – Louisville Online: https://yarmuth.house.gov/ contact-john2 Rep. Thomas Massie, 4th District (202) 225-3465 – Washington (606) 324-9898 – Ashland (502) 265-9119 – LaGrange (859) 426-0080 – Crescent Springs Online: https://massieforms.house.gov/ contact Rep. Hal Rogers, 5th District (202) 225-4601 – Washington (606) 679-8346 – Somerset (606) 886-0844 – Prestonsburg (606) 439-0794 – Hazard Online: https://halrogers.house.gov/ contact-hal Rep. Andy Barr, 6th District (202) 225-4706 – Washington (859) 219-1366 – Lexington Online: https://barr.house.gov/contact

14 | Balancing the Scales

www.kftc.org | February 13, 2020

Coal and Water

Community groups raise Blackjewel’s reclamation liability As the collapse into bankruptcy of two related coal companies – Blackjewel LLC and Revelation Energy – continue to cause ongoing harm the land, water, workers, residents and taxpayers of Kentucky, a set of public interest groups are urging a federal bankruptcy judge to hold the companies accountable for environmental damage and obligations.

In December 2019, KFTC with the Powder River Basin Resource Council, Kanawha Forest Coalition, Citizens Coal Council, Appalachian Voices, Appalachian Citizens Law Center, Kentucky Resources Council and Sierra Club wrote a joint letter to the federal judge overseeing the bankruptcy case, expressing concerns about the companies’ widespread environmental violations and reclamation liabilities.

Their letter to Judge Frank Volk stated: “…the companies and their affiliated entities also entered the bankruptcy with severe environmental mismanagement problems. The companies had dozens of outstanding Surface Mining Control & Reclamation Act and Clean Water Act violations, along with almost a million dollars in outstanding Mine Safety and Health Administration fines and penalties. Some of these violations are so severe that they have resulted in cessation orders, requiring a part or all of the mining operation to cease operations until the violation is corrected.

These violations are ongoing, and have only been compounded by new violations … since the beginning of the Chapter 11 proceedings.”

The groups’ letter generated swift and surprising reactions, including written responses from the Kentucky Energy and Environment Cabinet, First Surety Corporation (a company that holds reclamation bonds for some of Blackjewel and Revelation Energy’s mine sites) and lawyers for the two coal companies.

The judge scheduled hearings in January and February to address concerns raised in the groups’ letter.

The Kentucky Energy and Environment Cabinet filed an eye-opening written response with the court, informing the judge that the two bankrupt companies had 157 outstanding environmental violations, 234 cessation orders, 171 penalty assessment conferences and 59 administrative hearing cases in Kentucky alone. The state agency went on to explain that Revelation and Blackjewel are responsible for 30 percent of all outstanding non-compliance orders in the state.

Making matters worse, Kentucky’s Energy and 20 percent of the companies’ mine sites are abandoned.

Environment Cabinet told the judge that since filing Speaking on behalf of the groups who filed the for bankruptcy in July 2019, the companies appear to letter, ACLC attorney Mary Cromer told Judge Volk have sold 157 of their mine sites in Kentucky to other at a hearing in January, “As these mine sites are sitting, companies. But in nearly every case those new buyers their conditions are degrading. The failure to maintain have not taken the first step to legally transfer the min- them is ultimately increasing the cost of reclamation. ing permits.

And that increased cost of reclamation, for the mines This makes enforcement of environmental and that are going to be abandoned, is going to fall on the reclamation laws very difficult. Blackjewel and Revela- citizens we represent.” tion can claim that the problems are no longer theirs, The groups’ letter urged Judge Volk to use “the since the properties have been sold. But in many cases full scope of your authority to ensure that through the state agency doesn’t even have an inventory of the bankruptcy process, no mine is left abandoned which mine sites have been sold or to whom, since and that all fees and penalties are paid to federal and those new companies have not yet sought to legally state regulatory authorities. Reclamation work, water transfer the permits into their name. treatment, and other expenses related to environmen Kentucky officials also provided information tal compliance should be approved and prioritized as backing up the concerns expressed by the public inter- administrative claims in the bankruptcy proceedings. est groups about the high costs that are likely to fall to The debtors must ensure that their bankruptcy plans Kentucky taxpayers to reclaim any mine sites that are include full compliance with all federal and state laws.” abandoned during or after the bankruptcy.

Currently, the two companies own 63 mines in Kentucky for which there is no buyer, and 11 more for which a sale has not yet been finalized. State officials told Judge Volk that Kentucky taxpayers would be on the hook for approximately $38 million in reclamation costs – above and beyond what reclamation Alan Smith (standing, right) along with Elizabeth Hawks and Timothy Mullin, bonds would cover – if just led a lobbying training for the Southern Kentucky chapter in Bowling Green.

Empower Kentucky cohort has resources to share It's been three months since the Empower Kentucky Leadership Network – a cohort of 40 Kentuckians dedicated to building a stronger movement for climate and just transition in Kentucky – had its in-person launch retreat in Bowling Green. Since then, members of the cohort have leaned into relationship building, peer coaching and group learning through a series of peer group calls, monthly all-cohort webinars and one-on-one connections.

As the cohort continues to learn about what it's going to take to win on climate, environmental, racial and economic justice in Kentucky, its members want to share what they’re learning!

Take a look at kftc.org/leadership-network for a list of recommended resources and the recordings of the first two webinars. This page will continue to be updated with more resources as the cohort progresses.

The first two webinars were on "Centering Racial, Economic and Gender Justice in our work" and "The Climate Crisis and the Green New Deal."

www.kftc.org | February 13, 2020

Balancing the Scales | 15

KFTC News

KFTC London office on track to be completely solar-powered

Solar panels were recently installed on KFTC’s main office in London. This was the final step in a series of energy upgrades over the last several months that puts the office building on track to be completely solar-powered.

Working with partners at the Mountain Association for Community Economic Development

What the numbers tell us

By Josh Bills In terms of cost, typically energy efficiency projects have more “bang-for-the-buck” than rooftop solar.

With the KFTC office, solar investment of $19,984 equals annual savings of $1,082. That comes to a simple payback of 18.5 years. Compare this with the lighting upgrade to LED in 2015. That investment was $1,024 with annual savings (today’s rate) of $175, which comes to a simple payback of 5.9 years. Combine the two and you get a simple payback of 16.7 years.

If we add the cost and savings of the insulation and air-sealing work that took place, we might see the overall cost get down to simple payback of overall investment closer to 10 to 12year range.

Without the efficiency measures taken at least 30 percent more, or another eight (8) solar modules, would have to be added to the roof and there just isn’t space on the roof to do that.

Being one-for-one net metered gives an easy path to evaluate bill cost savings from solar generated kilowatts of electricity.

(MACED), the building underwent an initial energy efficiency audit to determine what upgrades or fixes could be done to make it more energy efficient. This included a blower door test, which helped find all the places where air was coming into or out of the building and losing energy.

These areas were then patched or holes plugged where the air was escaping.

For example, the auditor found an uninsulated interior wall that had a hole in it, which enabled heated or cooled air to go straight up into the attic and outside.

KFTC owns the office building in London, making these investments possible (KFTC does not own the office spaces rented in other areas of the state).

The next step was upgrading the building’s insulation. Using spray foam insulation in the building, especially in the attic space, also helped seal many of the problem areas where air had been escaping. Upgrading the insulation also helped the building better maintain a steady temperature inside and decreasing the electricity used by the HVAC system.

Also, utilizing a rebate from Kentucky Utilities, all the lights inside the building were upgraded to LED. Already the impact on the building’s utility bill is

evident. In the most recent 12 months, the building used 7,424 kWh of electricity whereas in the previous 12 months, the building used 13,520 kWh of electricity – 45 percent less usage!

These savings are almost entirely as a result of the energy efficiency upgrades and do not include the newly-installed solar panels “In terms of cost, typically energy efficiency projects have more ‘bang-for-the-buck,’ or they’re ‘lower-hanging-fruit’ than rooftop solar,” explained Josh Bills, who is the Commercial Energy Specialist with MACED and helped with the project.

Bills also explained that the timing of the installation was critical. After legislators passed the anti-rooftop solar law last year, consumers will potentially no longer receive a one-to-one credit for energy generated from solar panels (it will be up to the Kentucky Public Service Commission to determine rates as requested by utilities from here on out).

Installing the panels now ensures that KFTC will receive the full one-to-one credit for the next 25 years.

The cost of the solar panels and their installation was just under $20,000 and was approved by KFTC’s Steering Committee. With the savings from the energy efficiency upgrades and with the solar system estimated to be producing 8,500 kWh per year, the office is on track to be an energy-positive building, or completely solar-powered!

Kevin Short joins KFTC Organizing Team Kevin Short (pronouns he/him) has joined KFTC’s organizing team. He is based in eastern Kentucky and will be working with the Cumberland chapter in south-central Kentucky, where he has been an active member for several years. Short shared a little about himself.

When do you feel strongest?

I feel strongest at the points in activism where large groups of community members all convene at one point, for one purpose. The teacher strikes are a perfect example of this, and the differences made were visible.

Why did you first get involved with KFTC? I got involved with KFTC because my papaw was a coal miner who got black lung, and my other grandpa had his well contaminated by a strip mining operation.

KFTC recognizes the need to transition to clean energy but also emphasizes the importance of a just transition.

What does your vision for Kentucky include?

My vision for Kentucky is one where the impoverished among us still have access to the basics they need to live, including food, water, shelter, and healthcare. A Kentucky where your zip code doesn’t make or break you.

What’s something you’re bringing into 2020?

What I’m bringing into 2020 is the momentum that the Cumberland chapter has built over the past several years. We’ve made great inroads into our communities and the leaders who have emerged are amazing.

www.kftc.org | February 13, 2020

16 | Balancing the Scales K

CALENDAR OF EVENTS More events at kftc.org/calendar February 18 and March 17 Northern Kentucky chapter meeting 7 p.m. at Center for Great Neighborhoods 321 ML King Boulevard, Covington Info: Joe@kftc.org or 859-380-6103

March 2, April 6 Wilderness Trace chapter meeting 7 p.m. at InterCounty Energy 1009 Hustonville Road, Danville Info: Julia@kftc.org or 859-868-1179

February 20 and March 19 Rowan County chapter meetings 6 p.m. at St. Albans Church 145 E. 5th Street, Morehead Info: Nikita@kftc.org or 502-488-3830

March 3 and April 7 Big Sandy chapter meetings 6 p.m. at the KFTC office 152 N. Lake Drive in Prestonsburg Info: Taylor@kftc.org or 606-497-9262

February 20 and March 19 Shelby County chapter meetings 6:30 p.m. at the Stratton Center 215 Washington Street, Shelbyville Info: Carissa@kftc.org or 502-741-8759

March 5 and April 2 Rolling Bluegrass chapter meeting 6:30 p.m., Scott County Public Library 104 S. Bradford, Georgetown Info: Joe@kftc.org or 859-380-6103

February 20 and March 19 Central Kentucky chapter meetings 7 p.m., Episcopal Mission House 203 E 4th Street in Lexington Info: Meredith@kftc.org or 859-276-0563

March 8 and April 12 Cumberland chapter meeting 2 p.m.; March meeting in Somerset, April meeting in London, locations TBD Info: kevinshort@kftc.org, 606-280-1323

February 24, March 23 Perry County chapter meeting 5:30 p.m. at the Foundation for Appalachian Kentucky office, 420 Main Street in Hazard Info: Jacob@kftc.org or 606-497-9262

March 9 and April 13 Jefferson County chapter meeting 6:30 p.m. at the First Unitarian Church 809 S. 4th St., Louisville Info: Coreydutton@kftc.org or 502-589-3188

February 24, March 23 Madison County chapter meeting 7 p.m. Berea Friends Meeting House 300 Harrison Road, Berea Info: Julia@kftc.org or 859-868-1179

March 28 KFTC Steering Committee meeting 10:30 a.m. - 4:30 p.m., location TBA Info: Heather@kftc.org or 859-276-0563 April 20 Last day to register to vote in the May 19 primary election. Register with your local county clerk or at GoVoteKY.com

MADISON COUNTY KFTC

PIE

May 19 Primary Election Day in Kentucky

AUCTION Union Church

June 20 Mass Poor People’s Assembly & Moral March on Washington

Mar 14, 6 P.M.

KFTC members build grassroots power in Madison Co. every day!

Come to the LIVE auction to bid on homemade pies and fund a people's movement in our community!

July 24-26 KFTC Annual Membership Meeting at Berea College

/

KFTC OFFICES AND STAFF MAIN OFFICE Morgan Brown, Burt Lauderdale, Ashley Frasher and Kevin Short 131 North Mill Street P.O. Box 1450 London, KY 40743 606-878-2161 | Fax: 606-878-5714

FIELD OFFICES Louisville E’Beth Adami, Alicia Hurle, Carissa Lenfert, Chandra Cruz-Thomson and Corey Dutton 735 Lampton Street #202 Louisville, KY 40203 502-589-3188 Bowling Green Laura Harper Knight and Alexa Hatcher 958 Collett Ave., Suite 500 Bowling Green, KY 42101 270-282-4553 Northern Kentucky Joe Gallenstein, Caitlin Sparks and Dave Newton 640 Main Street Covington, KY 41005 859-380-6103 Central Kentucky Jessica Hays Lucas, Heather Mahoney, Laura Greenfield, Erik Hungerbuhler, Meredith Wadlington, Tayna Fogle and Nikita Perumal 250 Plaza Drive, Suite 4 Lexington, KY 40503 859-276-0563 Floyd County Jessie Skaggs, Jerry Hardt, Jacob Mack-Boll and Taylor Adams 152 North Lake Drive P.O. Box 864 Prestonsburg, KY 41653 606-263-4982 Berea Lisa Abbott, Amy Hogg, Michael Harrington and Julia Basil 210 N. Broadway #3 Berea, KY 40403

859-868-1179

Email any staff member at firstname@kftc.org except for Laura Greenfield use lauragreenfield@ kftc.org