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Morehead adopts fairness ordinance, Danville takes steps to follow suit pg. 12

VOLUME 33 NUMBER 1 JANUARY 31, 2014

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

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

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

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

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

Detection systems for big pipelinesseem to miss most leaks.......................14

www.kftc.org | January 31, 20142 | Balancing the Scales

Name:

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For bank drafts, return this form with a voided check from the account you wish to have the withdrawal made. Make checks payable to KFTC or the Kentucky Coalition and mail to: KFTC • P.O. Box 1450 • London, Ky. 40743-1450.

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

Table of Contentsis a statewide grassroots social justice orga ­ni zation working for a new balance of power and a just society. KFTC uses direct­action organizing to accomplish the following goals:

• fosterdemocraticvalues• changeunjustinstitutions• empowerindividuals•overcomeracismandotherdiscrimination• communicateamessageofwhat’spossible• buildtheorganization•helppeopleparticipate•winissuesthataffectthecommonwelfare•havefun

KFTC membership dues are $15 to $50 per year, based on ability to pay. No one is denied membership because of inability to pay. Membership is open to anyone who is committed to equality, democracy and nonviolent change.

KFTC STEERING COMMITTEE

Sue Tallichet, chair Dana Beasley Brown, vice chairMegan Naseman, secretary-treasurerCarl Shoupe, at-large memberSteve Boyce, immediate past chair

Chapter RepresentativesHomer White, Scott CountyChristian Torp, Central Kentucky Lisa Bryant, Rowan County Ben Baker, Northern Kentucky Shekinah Lavalle, Jefferson County Alan Smith, Southern Kentucky Rutland Melton, Harlan County Katie Pirotina, Perry County Meta Mendel-Reyes, Madison County Elizabeth Sanders, Letcher County Nina McCoy, Big SandyLee Ann Paynter, Wilderness TraceLeslie McBride, Shelby County

Alternates: Rosanne Fitts Klarer, Scott County; Greg Capillo, Central Kentucky; John Hennen, Rowan County; Rick Traud, Northern Kentucky; Nan Goheen, Jefferson County; Travis Lane and Jeanie Smith, Southern Kentucky; Clair Stines, Harlan County; Russell Oliver, Perry County; Steve Wilkins, Madison County; Josh May, Letcher County; Virginia Madison, Big Sandy; Leah Bayens, Wilderness Trace; Joanna Mackens, Shelby County.

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

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

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

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

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

General Assembly Update2014 KFTC’s Legislative Issues at a glance .................................................................................................... 6-7

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

Canary Project UpdateEPA will finalize first-ever coal ash standards later this year .....................................................................10

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

New Energy and Transition UpdateRecent developments toward Appalachia’s Bright Future ........................................................................ 13

Proposed Bluegrass Pipeline UpdateDetection systems for big pipelines seem to miss most leaks ..................................................................14Residents concerned about second hazardous liquids pipeline ..............................................................14

Rally will commemorate historic 1964 Frankfort civil rights march ........................................................ 15 Cover photo of Lee Ann Paynter speaking at a Fairness public hearing in Danville. Photo by Nick Lacy

www.kftc.org | January 31, 2014 Balancing the Scales | 3

letter to the editor

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

FIELD OFFICESLouisvilleJessica George, Jerry Hardt, Alicia Hurle Carissa Lenfert, and Colette Henderson735 Lampton St. #202Louisville, Ky 40203502-589-3188

WhitesburgTanya Turner andSara Pennington P.O. Box 463Whitesburg, Ky 41858606-632-0051

Central KentuckyTim Buckingham, Jessica Hays Lucas, Beth Howard, Erik Hungerbuhler, andHeather Roe Mahoney,250 Plaza Drive, Suite 4Lexington, Ky 40503859-276-0563

Northern KentuckyJoe Gallenstein640 Main StreetCovington, Ky 41005859-380-6103

Floyd CountyJessie Skaggs154 North Lake DrivePrestonsburg, Ky 41653606-263-4982

Bowling GreenDenney Breeding270-779-6483

BereaLisa Abbott, Beth Bissmeyer, Amy Hogg,and Kevin Pentz140 Mini Mall DriveBerea, Ky 40403859-756-4027

Teri Blanton118 Baugh StreetBerea, Ky 40403859-986-1648

KFTC OFFICES AND STAFF

MAIN OFFICEMorgan Brown, Robin Daugherty, Lisa Harrington & Burt LauderdaleP.O. Box 1450 | London, Kentucky 40743606-878-2161 | Fax: 606-878-5714 info@kftc.org

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

Dear editor, With January first rapidly approaching, I look forward to a battle that has been very near and dear to my heart coming to a satisfactory resolution. Effective January 1, under the Affordable Healthcare Act, not only can practically every American receive much-needed healthcare, no longer can they be discriminated against with minimal or non-coverage due to pre-existing health conditions, regardless of whether they had previous coverage. It’s a day many hardworking Americans — rich, poor or middle-class — have been waiting, in some cases their whole working lives, for! Additionally, the end of 2013 saw new rules for healthcare enacted by the Obama administration that will increase coverage and opportunities for those in need of care for mental illness. When new gun legislation failed to pass, this new order was imposed to aid in the mental health and substance abuse care of some 62 million Americans. Under the new rules announced November 8, mental

and substance abuse treatment will now be treated the same as any medical illness: for example, when you come to the hospital with a severe illness, chest pain, shortness of breath, etc., you are usually admitted at least for observation, with the insurance companies contacted on the next business day. For psychiatric care, patients suffering from severe manic or depressive, even psychotic, episodes often had to wait for approval from the insurers (in some cases, up to 24-48 hours). Another advantage to the new rules is that patients are no longer tied to “in-state” or local psychiatric treatment and can leave the state if they want, just as for cardiac or cancer care. While Health and Human Services Secretary Kathleen Sebelius talks of patients perhaps being comfortable enough to say they are going for counseling the same as they say they are going for lab work or a flu shot, I fear the reality of the stigma of mental illness may still be the greatest hurdle to treatment yet. One thing we must do as a society is help break down this stigma of mental illness so needed treatment will be sought and thus provided. While most studies put the prevalence of mental illness at 1 in 5 adults (1 in 4 in metropolitan or economically depressed areas), a

2008 study by the National Institutes of Health revealed that a mere 13.4% of Americans seek treatment for these illnesses, far below the 20-25% suffering from these illnesses. The survey also revealed that out of all those receiving treatment, over 70% were over age 50, which again may indicate a social stigma and reluctance for younger people, particularly those 21-45, to seek treatment. The new healthcare laws are exciting to many of us in the healthcare field or with loved ones needing additional coverage. However, education is a must for the populace to break down the stereotypes that may prevent them from obtaining the mental health or substance abuse treatment they need.

Greg SturgillLynch, Kentucky

grassroots fundraising

Thank you! KFTC members complete a remarkable year of organizational growth

2013 was a remarkable year for KFTC on many fronts. One of our biggest achievements was surpassing 8,000 members. More than any other year, we as an entire membership built the kind of organization that it takes to make the change we want to see. KFTC members held 25 house parties and events across the state and hosted almost 100 Powerbuilder personal fundraising pages. What happens when members participate in fundraising like this (apart from a total Facebook takeover)? We recruit more than 1,347 new members – including 738 during the last quarter of the year – and raise over $500,000. Since 2004 we’ve worked strategically to grow and deepen the fundraising we do from our base of members. Chances are good that if you’re reading this, you’re among the many who came to KFTC since those concentrated efforts began. Ten years ago we were raising around $65,000 each year with 2,000 members. As we’ve grown and as we raise the dollars needed to do this work $25 at a time, we see our issues lifted to the top in public discourse, and we see impacts on the local, statewide and national levels. In the last quarter of the year we had a steep hill to climb with $311,268 to raise and nearly 700 members to recruit. Up to that time, our biggest membership recruitment months had barely topped 100 new members. But working together, we did it. During the last quarter of the year, we recruited more new members than at any other time in our history. The power of this membership surge cannot be overstated. As we begin 2014, an important year in the Kentucky General Assembly and statewide elections, we have a vibrant and growing base of social justice voters and citizen lobbyists. Together we’re building the Kentucky we all want.

www.kftc.org | January 31, 20144 | Balancing the Scales

MEMBER COMMENTARY

by Doug Peach

I am currently a student at Eastern Kentucky University, where I will

complete my B.A. in criminal justice next semester. As I am one of a seemingly small minority in that program that does not intend to seek employment in a

law enforcement career, but would rather find a more social justice

focused vocation, I find that KFTC and I share a great many ideas and opinions on our current criminal justice system. In this essay I hope to show exactly what the average citizen lobbyist experiences, and what anyone can help ac-complish by joining an organization like KFTC. Up until that Wednesday, I may have held an opinion on the subject of voting rights for former felons, but I be-lieved I had no way to express it outside of the classroom and my own personal vote for state representatives. Like many people, I hold certain ideas and feelings about how our society and the law should operate, and, luckily, I have the right to vote.The day began just before 8 a.m. when I met with others in Berea to carpool to Frankfort. I had a pleasant drive get-ting to know members Daniel Morgan and Dorie and Tom Hubbard and talking over key points of our voting rights bills, HB 70 and SB 15. After we arrived in Frankfort we met with more KFTC members and were given a packet full of talking points and information to help us in our lobby meetings. After a brief training with KFTC staff, we split into teams and headed to lobby. Rep. Rita Smart was extremely cordial, quickly notic-ing that our group contained a face she didn’t recognize: my own. After a quick introduction, we sat and confirmed her support of the bill. She then gave us names of others to meet with and offered suggestions for how to approach them. My task for the meeting was taking notes, so I did just that. After our time together we thanked Rep. Smart for her time and advice and left her office knowing she was in favor of restoring former felons’ right to vote. Next up was a meeting with Senator Jared Carpenter. For this meeting, our group joined with another from Madison County. Sen. Carpenter is from Berea and had obviously met some of my companions before (many times probably), and there was a real sense of warmth in the way he spoke to each and every one of us. He, like Rep. Smart, quickly noticed the new faces in the room — Brea, a fellow intern from Berea College, and me. After brief introductions, we got down to the mission at hand: garnering his support for House Bill 70 and Senate Bill 15. Sen. Carpenter listened to each of us in turn and even took notes. He mentioned that some members of the state Senate were of the “tough on crime” mentality and felt that former felons not having the right to vote fit that sentiment. We pointed out to Sen. Carpenter, among other points,

A day in the life of a first-time citizen lobbyistthat former felons who are able to vote are twice as likely to remain out of the criminal justice system and that by not allowing them to fully recommit to the social contract, we were in fact alienating them. In the end, it was a great meeting, and Sen. Carpenter confirmed his support for the bill. So we were two for two! Two meetings, two supporters! After lunch we all gathered in the Capitol Rotunda, along with more than 100 others and heard from many different speakers about voting rights including former felons, supportive nonprofits, and even a number of state representatives and senators. It was very empowering to hear firsthand from individuals who were being forced into taxation without representation by our government, some of whom have never had the opportunity to vote. Following the rally, we all came together to debrief the day. Most people found their meetings encouraging, and

Madison County members met with Sen. Jared Carpenter during Voting Rights Lobby Day. Photo by Doug Peach

Cast your vote for Kentucky’s Bright Future!On February 12, hundreds of Kentuckians will take part in I Love Mountains Day 2014 in Frankfort. Together we will take a stand for a bright future in eastern Kentucky and across our Commonwealth. We will call for an end to destructive practices that threaten our land, water, air and health. And we will commit ourselves to building a healthy, responsive democracy in Kentucky. We hope you will join us for this important march and rally. More information and a registration form can be found at www.kftc.org/love.

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

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

www.kftc.org/love/vote

there was an overall sense of support for HB 70 from most of the representatives people met with. This was great news! Everyone seemed to feel there was real momentum and that the bill would again be passed in the House and that this is the year for it to pass the Senate. We then turned in our notes, said our goodbyes, and made our way home. I would absolutely recommend lobbying, not just to friends I know hold similar views, but to everyone in general. I think if more people were lobbying for the things they believe in it would be easier for our politicians to know how to vote on issues and represent our opinions through the law. Lobbying should be the rebuttal argument for those in our communities who don’t see the necessity or the power of voting, to all of those who I overhear say that their vote doesn’t matter in the long run. I now see lobbying, by actual citizens of the community and not giant corporations, to be an invaluable part of our democratic system.

www.kftc.org | January 31, 2014 Balancing the Scales | 5

Economic justice updateUnderstanding Local Option Sales Tax and other revenue options KFTC members and friends got a chance in December to learn about the Local Option Sales Tax (LOST) proposal, including other options for helping local governments raise new revenue. LOST legislation is expected to be introduced in the current General Assembly. Jefferson County member Linda Stettenbenz explained that KFTC evaluates such tax proposals on the principles of fairness and adequacy, and whether the proposal promotes the wellbeing of all Kentuckians. “We are focused on making the overall state tax reform fair and adequate. It [LOST] does not really address either of those,” Stettenbenz said. A local option sales tax, as proposed, would allow local governments to increase the sales tax within their local jurisdiction for a limited time in order to raise money for a specific capital project. The tax could be no more than 1% and would be subject to voter approval. Louisville Mayor Greg Fischer is a strong proponent of the idea, which is also supported by Lexington Mayor Jim Gray and other elected officials. Stettenbenz explained that a LOST would help fund

capital projects, not ongoing programs that have been subject to “cuts and cuts and cuts for the last decade or more. People want healthy food, clean air, good education, good jobs — all of this has to do with our tax structure.” Stettenbenz and Jason Bailey, with the Kentucky Center for Economic Policy, explained that the sales tax is regressive — meaning that it takes a higher percent of income from low-income folks than those better off. So a LOST would add to Kentucky’s already regressive tax system. “It’s pretty easy to nickel and dime poor folks. But we wanted to be more thoughtful than that,” Stettenbenz said. There are other and better ways to raise revenue on the local level, they explained. “The property tax is a key source of revenue for local government. But Kentucky is much less reliant on property taxes than other parts of the country,” Bailey said. This is because of House Bill 44, passed in 1979, which limits how much growth can occur in property tax revenue. “That has led local governments to setting property tax rates that have declined over time. House Bill 44 is a big cause of these low rates.” As a result, property tax rates have declined 35 percent in

General assembly update

KFTC members from Marion, Nelson and Franklin counties met with Sen. Jimmy Higdon to discuss eminent domain legislation. Sen. Higdon is the sponsor of Senate Bill 14 that would limit the use of eminent domain to utilities regulated by the Public Service Commission. That would keep private companies, including the proposed Bluegrass Hazardous Liquids Pipeline, that provide no public use from being able to condemn property.

Left: Bennie Massey and Rutland Melton from Harlan County join in singing America the Beautiful at the Voting Rights Rally on January 15. Right: Dorie Hubbard (left) of Madison County greets her representative, Rita Smart.

The 2014 session of the Kentucky General Assembly is one-third done, and the pace is beginning to pick up. KFTC had a strong presence early in the session, as members came to talk with legislators about voting rights, clean energy, limiting eminent domain, tax reform and protecting our land and water. The passage by the House of the Voting Rights Bill (House Bill 70) by a large margin has been an early highlight. Much still needs to be done, and the pace will pick up as hearings and votes begin to happen more

frequently. House Bill 70 faces a tough road in the Senate but has a real chance of passing this year. A committee hearing on the Clean Energy Opportunity Act has been promised. Hearings on bills concerning the use of eminent domain related to the proposed Bluegrass Hazardous Liquids Pipeline are anticipated. The budget will be a central focus, and KFTC members will continue to push for comprehensive tax reform that makes our tax system more fair and raises new revenue. Attention will be given to other economic justice issues, like supporting an increase

in the minimum wage and opposing proposals that would make our tax system more regressive. The bills that KFTC has taken a position on so far are listed on the following pages. More may be added to the list as the session progresses. The Executive Committee serves as KFTC’s legislative strategy team, talking weekly to make decisions about bills. KFTC’s power to influence the outcome of legislation reflects members’ willingness to be involved in the legislative process, both at the state capitol and at home. To become involved in KFTC’s legislative activities, contact your local organizer (see list on page 3) or Lisa Abbott at 859-200-5159 or Lisa@kftc.org. KFTC members will lobby at the capitol most Tuesdays, Wednesdays and Thursdays throughout the session.

Louisville and 42 percent in Jefferson County. Without these cuts Louisville metro government would have about $65-70 million in additional revenue, a big part of what a LOST would raise. Bailey also explained that there are several business tax incentives, such as an abatement of 1 percent of a local occupational tax and tax increment financing, which divert tax revenues away from state and local government toward paying back private investors. “We don’t really know what we are losing as a result,” Bailey said. “Tax breaks are not a very cost effective way to create jobs, but they continue to grow.” Stettenbenz also explained that a local income tax could replace the local occupational tax, which is really a wage tax since only wages are taxed and not other forms of income. Bailey added, “The bottom line comes down to who pays. A local income tax is a much more robust tax … and a fairer tax. Who pays … that needs to be part of the conversation, especially given growing inequality.” If a local option sales tax bill is passed by legislators, it would be put on the ballot in November as a proposed constitutional amendment.

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

www.kftc.org | January 31, 20146 | Balancing the Scales

Issue Summary Status

The Kentucky Forward PlanHouse Bill 220

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

HB 220 is assigned to House Appropria-tions and Revenue Committee.

Clean Energy Opportunity ActHouse Bill 195

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

House Bill 195 is assigned to the House Tourism Development and Energy Com-mittee.

Restoration of voting rights amendmentHouse Bill 70Senate Bill 15

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

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

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

Stream Saver BillHouse Bill 288

House Bill 288 will provide important protections for our waterways by prohibiting the dumping of toxic mine wastes into “an intermittent, perennial, or ephemeral stream or other water of the Commonwealth.”

HB 288 is assigned to the House Natural Resources and Environment Committee.

Limit eminent domainSenate Bill 14

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

SB 14 is assigned to the Senate Judiciary Committee.

Abolition of the death penaltySenate Bill 77

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

SB 77 is assigned to the Senate Judiciary Committee.

Minimum wage increaseHouse Bill 1

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

HB 1 was approved by the House Labor & Industry Committee on January 30. By the time you read this, it is possible the bill has already been voted on by the full House.

Minimum wage increase for tipped workersHouse Bill 191

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

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

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

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Issue Summary Status

Safe coal ash disposalHouse Bill 241

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

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

FairnessHouse Bill 171

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

HB 171 is assigned to the House Judiciary Committee.

Tax credit Ohio River bridge tollHouse Bill 41

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

HB 41 is assigned to the House Appro-priations and Revenue Committee.

Public financing judicial electionsHouse Bill 72

House Bill 72 would establish a system for public financing of elections for justice of the supreme court.

HB 72 is assigned to the House Judiciary Committee.

Protections for abused animalsHouse Bill 30

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

HB 30 is assigned to the House Judiciary Committee.

Lift the nuclear energy banHouse Bill 52Senate Bill 67

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

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

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

Big telecom deregulationSenate Bill 99

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

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

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This information is current through Friday, January 31. Check the KFTC web site at www.kftc.org/bill-tracker for updates on these

bills and others that are not listed in this issue of balancing the scales, or the Legislative Research Commission web site at http://

lrc.ky.gov/record/14RS/record.htm for daily update of legislative activity.

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

As reported by USA Today

Between 2007 and 2012, electricity generation from coal fell 24.9%. Over the same time frame, wind energy grew 309%. And solar grew 607% (this doesn't even include distributed solar on residential rooftops), and 2013 was a record year for solar, installing about 4.4 GW in the U.S.

Renewable energy from wind and solar is still only about 3.2% of total electricity produced in the U.S., but solar power has the potential to provide enough electricity for the entire country.

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

www.kftc.org | January 31, 20148 | Balancing the Scales

Voting Rights Update

Grassroots persistence leads many to believe this is the yearMY NAME IS MANTELL STEVENS, andI AM A KENTUCKIAN!

I have never seen the inside of a prison, but my right to vote has been taken away. I often wonder: What did I do that was so bad that I had to lose my right to vote forever? And how much is my community losing out because my voice and the voices of 240,000 others have been silenced in our democracy? When I look around, I see lots of things that need to be better. I’m struggling. People I know are struggling. There are so many things that don’t work the way they should, that aren’t right. Take a look at our judicial system. It’s a mess. Look at the lack of affordable housing and job opportunities. We have so much work to do. The most important way for me to change my situation and help make other people’s situation better is to vote. We have to build more of a connection between community and government. Participating in the election process is the most powerful way to do that. It’s easy to lose sight of how important it is to vote when you are working to find a job, keep food on the table, secure housing, or pay for gas. But really, I don’t see any way to improve our situation other than getting more people involved and participating in our democracy. When I talk with friends, I try to help them make those connections. If your situation is bad, what is it you can do to make it better? What can your city and state officials do to help? Who are the people who are working to make life better, whether they are Democrats or Republicans? We have to get involved. We have to vote locally, at least. And we have to hold our leaders accountable once they get in office. Passing HB 70 and restoring the right to vote matters to all of us. Not just to some of us. Not just to African Americans. Not just to people who have lost the right to vote. All of us have a stake in fixing our broken democracy. We all benefit when more people are invested in making their communities better. I still can’t vote, but I am involved in Kentuckians For The Commonwealth. It’s been the best thing to happen to me in the last couple years. I don’t have room to do anything wrong because I’m doing so much good. Your whole mindset changes when you feel responsible for other people. Now I want to improve where I live. I want to make an investment in Kentucky. Before, I felt like I wanted to get away from here, because I felt the opportunities were limited. The more I get involved in my community, the more I want to improve it. I want more. I want to do more. And if I had my rights back, that would be icing on the cake. A lot of people I know are having a hard time finding jobs. One of the first things I tell them is “get involved in your community right now.” There’s so much opportunity. You can build a network of people and pool resources. If people see you working in your community, they are more likely to invest in you. A lot of the reason I got the job I have now is that they knew I was working in the community. They cared about what I’m doing now, not what I was doing back then. But right now our democracy is not very welcoming, especially for people in my situation. Kentucky’s voting laws perpetuate a stigma. Our state tells one quarter million people that they cannot ever have a vote or a voice. That leaves people discouraged and feeling as if they don’t matter. That’s far from the truth. People will do the right thing if given the opportunity. But we have to open up the doors. We have to give everyone a voice. We all know that this bill has passed the House seven years in a row, but it has not yet had a vote in the Senate. So here’s my message to lawmakers, especially our senators: You know what’s right. Just do what is right. That sounds so simple. It is simple. Don’t delay any longer. Pass HB 70.

Optimism was high as people from across Kentucky participated in a Voting Rights Lobby Day and Rally at the capitol on January 15. “We met with a couple of senators and representatives. The attitude was totally dif-ferent today than it was last year,” said Rev. Alonzo Malone of Louisville. “The whole theme today was hope. I was really encour-aged. The whole day symbolized hope.” Malone was one of dozens of people who met with nearly 50 legislators during morning lobbying. They reminded House members of an upcoming floor vote on House Bill 70 and pushed senators to see that the bill gets a hearing and vote in the Senate this year. “I was impressed at how many representa-tives wanted to be cosponsors,” said Rosanne Klarer of Scott County. Rep. Jesse Crenshaw, the chief sponsor of HB 70, said the day’s committee action where there were no dissenting votes showed how the attitude about the bill has changed. There was one “pass” during the roll call vote, and that was by a legislator who has voted No in the past. Since the bill has passed the House by large margins the past seven years, many of the visits to House members were to thank them for past support and ask them to talk with their colleagues in the senate. On the Senate side, several people said there is a “new attitude” about the restoration of voting rights. Sen. Gerald Neal, who is the primary sponsor of a Senate companion bill, SB 15, said. “I have never been so encouraged about a piece of legislation as I am today. “I have detected that there is a different mood in the Senate,” Neal continued. “I just cannot believe that the Senate will not step up to the plate in 2014 and pass HB 70.” Several rally speakers gave compelling reasons for the restoration of voting rights. Michael Hiser said that since he got out of prison and turned around his life, he has paid $15,000 in taxes to the government. “Not one of those checks was returned” for not being a full citizen. Yet as a minister, teacher and parent, he cannot vote. Honey Dozier, who works with Kentucky Jobs with Justice, noted that most former felons who cannot vote are working people.

“For working folks to not be civilly engaged … is not a democracy.” Stephanie Hughes from northern Ken-tucky, as a nurse, is in that situation. “I can put a tube down your throat, I can hold your hand while you’re dying … I am fully integrated into the community, except for one thing: being a former felon I cannot let my voice be heard.” “I have never seen the inside of a prison,

but my right to vote has been taken away,” said Mantell Stevens. Some speakers pointed out that disenfranchise-ment for former felons reflects the racism that still ex-ists in our society. Teddi Smith-Ro-billard compared it

to being a slave on a plantation: “You can fix the food but you can’t eat in the kitchen.” Jefferson County Attorney Mike O’Connell said felon disenfranchisement “is fundamentally unfair … is intended to sup-press minority voters … is bad public policy.” The high-energy rally in the Capitol ro-tunda saw several legislators from both parties stop by, with some asking to speak, including Sen. Robin Webb, who called voting rights “an access to democracy issue.” Notable was the presence and vocal sup-port from Sen. Brandon Smith of Hazard, a member of the Senate Republican leadership. Rally emcee Tayna Fogle, Mike Barry from People Advocating Recovery and others expressed the hope and belief that this year would be the last time voting rights support-ers would need to rally in the rotunda. Said Barry: “I hope the next time we’re here is for a celebration.”

Michael Hiser is interviewed by Lindsay Allen of WDRB-TV in Louisville.

Please call the Legislative

Message Line (1-800-372-7181)

today! Sample message:

“Make this the year to pass HB 70 and restore voting rights! This bill has strong support and deserves a vote in the Senate. Please oppose attempts to make voting harder or

the bill more restrictive.”

www.kftc.org | January 31, 2014 Balancing the Scales | 9

Economic justice update

On January 22, Governor Beshear released his proposed budget, and as promised he proposed restoring a small portion of the budget cuts of recent years to elementary and secondary education, but his budget does so through “damaging” (his description) cuts to other important programs and services. The governor’s budget serves as a starting point for the legislature. The proposal, with no additional revenue, lifts up the gap between the state that Kentuckians deserve and the Kentucky that is, after years of pushing off comprehensive tax and revenue reforms. The proposal includes restoring some funds for programs that have suffered severe cuts in recent years. Elementary and secondary education appropriations will restore funding for textbooks and increase spending for school safety and after-school programs, as well as slight raises for teachers and state employees. The Kentucky Center For Economic Policy points out that despite increases in K-12 funding, per pupil funding in 2016 is 10 percent lower than it was in 2008 when accounting for enrollment and inflation. For higher education, which gets a 2.5 percent cut next year, funding will be more than 27 percent below 2008 levels after adjusting for inflation, which has led to tuition increases since 2000 ranging from 184 percent at the University of Louisville to 256 percent for the community and technical colleges. The governor pledged support for expanding early childhood education, and his budget offers a slight bump in access to pre-school; families at 160 percent of the poverty line would be eligible for expanded access, up from 150 percent of the poverty line. Pension obligations for state employees – which had been carrying a debt that compromised Kentucky’s ability to borrow for capital projects, which are littered throughout

the budget proposal – are fully funded. The budget proposes slight changes to coal severance tax spending, which will result in $2 million a year for a regional strategic development fund for eastern Kentucky associated with the Shaping Our Appalachian Region (SOAR) process. Erica Peterson at WFPL-FM pointed out that some programs in the Energy and Environment Cabinet will receive cuts much deeper than the 5 percent asked of most agencies. The “Division of Conservation could see a nearly 40 percent difference between its actual funding and the funding it requested for 2016. The Nature Preserves Commission will see drops of 21 and 31 percent, respectively, from what they requested and what they’ll get in 2015 and 2016. And the cuts will be even more drastic for Energy Development and Independence – the department that spearheads research in renewable energy, energy efficiency and carbon capture … There’s a 35 percent difference between the funding the department requested for 2015, and the amount Beshear proposed. By 2016, the difference … is 70 percent.” The governor said legislators could avoid some of the damaging cuts by approving comprehensive

tax reform or casino gambling, but did not include revenue from either in his budget. He is expected to announce his tax reform proposal in early February. For the next two months, first the House and then the Senate Appropriations and Revenue committees will work to craft and agree on a two-year budget before they adjourn on April 15. Bills about comprehensive tax reform and casino gambling, which could boost revenues, will be considered separately, if at all.

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

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

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

www.kftc.org | January 31, 201410 | Balancing the Scales

canary project update

EPA will finalize first-ever coal ash standards later this year In response to legal action by a broad coalition of national and local groups, the U.S. Environmental Protec-tion Agency will finalize first-ever federal standards for the disposal of coal ash by December 19, 2014. The settlement does not dictate the content of the final regulation, but it confirms that the agency will finalize a rule by a certain date after years of delay. “The state of Kentucky regulates the operation of mu-nicipal garbage dumps but says nothing about the disposal of coal ash,” said KFTC member Mary Love. “I applaud the EPA’s decision to finally set nationwide rules for the disposal of this dangerous waste stream.” The settlement was filed in mid-January in response

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

nation’s second largest in-dustrial waste stream. Former EPA Secretary Lisa Jackson vowed to fi-nalize coal ash regulations following a 2009 spill in Kingston, Tennessee, where over a billion gallons of coal ash burst through a dam and damaged or destroyed two dozen homes and 300 acres of riverfront property. In the aftermath of that disaster, the EPA proposed various regulatory options in May 2010 and held seven public hearings in August and September of that year. Environmental and public health groups, community organizations, Native American tribes and others generated more than 450,000 public com-ments on EPA’s proposed regulation, calling for the strongest protections under the law. But since then, and despite coal ash contamina-tion at more than 200 sites nationwide, the agency has failed to finalize the protec-tions under pressure from industry, the White House and some members of Con-gress. Kentucky is fifth in the nation in coal ash gen-eration. A 2011 study by Earthjustice found that Kentucky had 43 operat-ing coal ash ponds, 21 of which exceed a height of 25 feet or impound more than 500 acre-feet of ash. Profes-

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

sional engineers did not design 20 of the state’s 43 dams nor did they construct 27 of them. Coal ash waste contains toxic chemicals and heavy met-als such as arsenic and lead – pollutants that cause cancer, birth defects, reproductive problems, damage to the nervous system and kidneys, and learning disabilities in children. The EPA estimates that up to 1 in 50 nearby residents could get cancer from exposure to contaminants in poorly stored coal ash. Other health effects may include damage to vital organs and the central nervous system, especially in chil-dren. For that reason, KFTC members have called on the EPA to adopt that standard that would treat coal ash as the hazardous waste that it is. One coal ash waste area of concern is in Louisville: “Since the mid-1950s, LG&E’s Can Run Generating Sta-tion has been dumping its coal ash in an unlined pit dug 200 feet from the Ohio River. That coal ash pile is now over 100 feet tall and ¼ mile long,” said Love.

WEST VIRGINIA WATER

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

to learn the current situation and how best to help.

West Virginia Clean Water Hub

304-249-8115•wvcleanwaterhub@gmail.comwww.facebook.com/WVCleanWaterHub

Kentucky delivered water donationswww.facebook.com/KentuckywatertoWV

Monetary donations are being collected by the Keeper of the Mountain Foundation. Go to:

http://bit.ly/1jzNW1n

www.kftc.org | January 31, 2014 Balancing the Scales | 11

Local updates

Affordable housing tops Central Kentucky chapter’s wish list This year, affordable housing was at the top of the Central Kentucky KFTC chapter’s holiday wish list. Central Kentucky KFTC members asked Santa Claus to deliver an important message to Lexington Mayor Jim Gray: It’s time to prioritize an affordable housing trust fund for Lexington. On December 20, Santa deliv-ered a stack of Christmas cards to the mayor’s office urging the mayor to take action on the trust fund in 2014. The cards were created by chapter members, as well as mem-bers from the BUILD (Building a United Interfaith Lexington through Direct Action) organiza-tion who have been working toward the trust fund for the past five years. Upon delivering the cards, Santa said, “I believe people shouldn’t have to pay money just to have a good place to live, and they certainly shouldn’t pay more than they can afford. Mayor Gray should take urgent action on making affordable housing a reality for all the residents of Lexington.” There are nearly 28,000 families in Fayette County who cannot afford their rent. This means that 1 in 5 families have to routinely make difficult choices between housing, child care, medicine, food, utilities and other necessities. Right now, the average two bedroom rental unit costs $700 a month, meaning a minimum wage worker has to work 74 hours a week to afford the average rent. A trust fund would mean that hundreds of affordable housing units would be constructed or rehabilitated for these families. The Affordable Housing Trust Fund (AHTF) is a pool of money from a dedicated funding source that creates qual-

ity, affordable housing for people who spend more than 30 percent of their income on rent and utilities. The trust fund

would amount to approximately $2 million every year. These funds could come from a dedicated 0.5 percent increase on insurance premium taxes in Fayette County, which, on average, would cost each household $15 per year. Beyond creating more than 230 affordable housing units each year, the trust fund would gener-ate an estimated $21 million in economic activity, which includes 181 new jobs in Fayette County. It would also bring stability to families: children would not be moving from school to school while their parents seek a place they can better afford. Affordable housing can also

prevent homelessness. The AHTF would make Lexington a fairer place to live, a place where families can thrive, as well as make the city more prosperous. “Kentuckians For The Commonwealth is concerned deeply for all people. We want everyone to have access to af-fordable housing so they have one of the basics of life: shelter,” KFTC member Susan Williams said. “One cannot focus on higher achievement until their basic needs are met. Let’s all take care of our fellow human beings and thus we will begin to be a better human being ourselves.” The Central Kentucky chapter hand-made cards for Mayor Gray at its annual holiday party. Chapter members also shared food, celebrated their accomplishments in 2013, played some holiday games, and planned for the year ahead, including continuing the push for affordable housing.

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

“I want to see that everyone

has a warm and safe place to

stay this winter. People need

affordable housing. The ability

to do this is present. What’s

needed is the political will to

do so. I hope our mayor and

council members receive that

political will for Christmas and

want to make an outstanding

year for our citizens in that they

get their basic needs fulfilled.”

-Janet Tucker

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

On Friday, January 31, more than a dozen people met in Prestonsburg and began a two-week walk to Frankfort, where they will join more than a thousand other people at I Love Mountains Day on February 12. The Walk for a Sustainable Future, organized by Footprints for Peace, calls attention to the destruction created by mountaintop removal coal mining in Kentucky and the need to begin a just transition to a more diverse, sustainable and

Footprints for Peace begins annual walk to I Love Mountains Day

Russell Oliver, a KFTC member from Perry

County, has been going on the walk each year.

“You’re just doing something. It’s a form of protest. I’m not the

greatest speaker on Earth but I can walk.”

thriving economy in the mountains. Walkers average between thirteen and sixteen miles each day, traveling the back roads through Kentucky and staying in people’s homes and community churches along the way. You can keep up with the walkers and get updates from the road at footprintsforpeace.org. Or you can hear more about their journey from the stage at the river this year at I Love Mountains Day.

I Love Mountains Day

February 12

www.kftc.org | January 31, 201412 | Balancing the Scales

Local updates

by Elijah McKenzie

How does a bill become a law in Kentucky? What’s the best way for people to arrange a meeting with their legislators? How can ordinary citizens hold lawmakers accountable? These questions and more were brought to the forefront in December during Jefferson County’s citizen lobbying training at the First Unitarian Church in Louisville. Images often associated with the word “lobbyist” are those of corporate lackeys treating policymakers to expensive drinks over a round of golf. It’s a misconception that was quickly broken as community organizers from throughout the state shared their lobbying experiences on both local and state levels. The Jefferson County KFTC Chapter co-hosted the training with fellow social justice organizations American Civil Liberties Union of Kentucky, Fairness Campaign, Kentucky Jobs with Justice, and Network Center for Community Change. Shekinah Lavalle, KFTC leader and outreach coordinator

Jefferson County chapter co-hosts Citizen Lobbying trainingfor the Kentucky Coalition to Abolish the Death Penalty, presented during the training and pointed out that if we, the people, didn’t petition our representatives to take action, then corporate interests may dominate the discourse and skew policies in their favor. Lawmakers tend to know who is a paid spokesperson and who isn’t. This means that when an average person takes time out of their day to speak to their representative, it builds credibility for an issue because it’s coming from an authentic, grassroots source. Approximately 50 people attended the training, including 20 students from Spalding University, most of whom were part of Professor Jennifer Jewell’s policy analysis class. Halfway through the training, people were asked to break off into pairs and act out a scenario in which a citizen lobbyist and a legislator discussed the issue of restoration of voting rights for former felons. Everyone in the room turned to their neighbors, introduced themselves, and tried their hand at a mock lobbying session. The simulated lobbying exercise highlighted a few key

components of civic engagement, particularly the notion of relationship-building. According to the training, anyone who wishes to lobby could start by building a relationship with the legislator or members of that legislator’s staff. In other words, establishing a rapport helps put a face on an issue. Personal stories and anecdotes, supported by statistics and basic facts, are crucial to effective lobbying. And it’s important that citizen lobbyists be familiar with specific bills before approaching a legislator. Knowing the bill number, who the sponsors are and where the bill is in the legislative process will allow individuals to effectively inform lawmakers about issues they may not otherwise be familiar with. However, citizen lobbyists should always remember that the ultimate goal is to directly ask for a lawmaker’s support, pinpointing exactly what needs to happen and why. Myrdin Thompson with RESULTS – an international citizens’ advocacy organization – also spoke at the training and explained how activist-minded people can bring their message to a wider audience. According to Thompson, lobbying is about educating fellow citizens as well as educating policymakers. For instance, writing a letter to the editor of a local newspaper is useful when trying to engage a community on a certain issue, especially if that issue has been receiving an increased amount of news coverage. As the training drew to a close, people were given information on how they could become more active during the upcoming 2014 legislative session.

2014 General Assembly

Ways to get involved

Find out who represents you in Frankfort by visiting http://lrc.ky.gov/Legislators.htmor calling 1-800-372-7181

Call the toll-free legislative message line (1-800-372-7181) to leave a message for any legislator or group of legislators.

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

Join KFTC for rallies and major lobby days in Frankfort.

Wed., February 12: I Love Mountains DayWed., February 19: Fairness Lobby DayWed., March 5: 50th anniversary of MLK Jr.’sMarchonFrankfort

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

by Annie Adams

On December 9, Morehead became the sixth city in the Commonwealth to pass legislation to protect the rights of LGBTQ people in their community. Over the past summer, members of the Rowan County KFTC Chapter, in concert with representatives from the American Civil Liberties Union of Kentucky, the Kentucky Fairness Coalition and Morehead State University students, began working on strategies to promote fairness legislation. Racehelle Bombe, a Morehead resident, diligently gathered more than 300 signatures in favor of fairness in the past year, while members of the Rowan chapter met individually with city council members to share information regarding statewide movements toward fairness. Members also got the support of a local religious leader and Morehead State University President Wayne Andrews, who spoke eloquently in support of the Fairness Ordinance at its first reading. All of this groundwork led to very positive results: in September the Morehead City Council unanimously voted to pursue fairness legislation. In November, the council unanimously approved a first reading of an ordinance amending the city’s existing Title 9, General Practices, Chapter 96, Discriminatory Practices, to also prohibit discrimination based on gender and sexual identity. And in December, the council unanimously passed the proposed ordinance into law. After the city council meeting, members of the Rowan chapter, ACLU and the Fairness Campaign gathered at The Bakery On Main to celebrate the passage of the fairness protections. The quick and successful passage of the ordinance

Morehead adopts fairness ordinance,Danville takes steps to follow suit

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

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

www.kftc.org | January 31, 2014 Balancing the Scales | 13

New energy and transition update

Recent developments toward Appalachia’s Bright Future Since hosting the Appalachia’s Bright Future conference in April 2013 – and having talked about Appalachian transition for years – KFTC members have been keeping an eye on several recent developments related to transition. Appalachia’s Bright Future was a three-day meeting in eastern Kentucky focused on building a shared vision of the next economy in the mountains, a future beyond coal. More than 200 people attended, and the conversation ranged from broadband access to local food, entrepreneurship, sustainable forestry, energy efficiency and renewable energy, land and stream reclamation, and more. In the months following the April conference, the conversation about transition – and even the words “bright future” – began to spread and deepen among journalists, elected leaders and in social media. The landscape began to shift from the “war on coal” debate to a more balanced conversation about what comes next.

SOAR: Shaping Our Appalachian Region

In the fall, Governor Steve Beshear and U.S. Rep. Hal Rogers joined the conversation, announcing a planning process called Shaping Our Appalachian Region (SOAR). KFTC members submitted an open letter to Beshear and Rogers with suggestions for principles, process and policies to guide future development in the region. The letter signed by Carl Shoupe, a retired coal miner from Harlan County, and Elizabeth Sanders of Letcher County read in part:

We hold fast to the hope that we, along with our children and grandchildren, will have opportunities to create good lives for ourselves right here at home. And like you, we hold special and deep concerns about the economic conditions now facing so many people and communities in eastern Kentucky.

Members attended the SOAR Summit in December in Pikeville, along with nearly 1,700 other people, and contributed ideas and insights, including a handout with the same principles, process and policies for a just transition. In January, the state released the first SOAR report. The report is not a plan or set of recommendations, which will come later, but an account of the summit, including all 600 suggestions submitted that day and online. It also includes such observations as:

•There is a crisis, people know it, and they are ready to act.

•The region knows its economy must be diversified.

• Folks want the dialogue deepened and broadened.

• Folks know if they lose this chance it will be a long time before they get another.• People appreciate the governor and congressman, but fear entrenched interests will wait them out.

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

2014 State Budget

In his budget proposal, Gov. Beshear included $2 million a year for a regional strategic

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

Promise Zones

Also in January, President Obama announced that eight counties in eastern Kentucky would be named a Promise Zone, along with four other zones across the country. The designation will give the region priority in applying for federal funding to increase job training, access to affordable housing, educational opportunities, and more. “If the resources from the federal government through the Promise Zone will coordinate with things like the SOAR Initiative and other existing and future programs, we may begin to see some steps toward the change the people of eastern Kentucky have been ready for and working toward,” said Sanders after the announcement.

Strike Force

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

Broadband

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

Mountain Parkway Expansion

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

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

PRINCIPLES OF A JUST ECONOMIC TRANSITION FOR APPALACHIA

KFTC members believe that a just transition is possible, even in the midst of rapid changes in the coal industry, and that such a transition must:

• Improve the quality of life for people and communities affected by economic disruption, environmental damage, and inequality

• Foster inclusion, participation and collaboration

• Generate good, stable, meaningful jobs & broad access to opportunities & benefits

• Promote innovation, self-reliance, and broadly held local wealth

• Protect and restore public health and our environment

• Respect the past while also strengthening communities and culture

• Consider the effects of decisions on future generations

PROCESS MATTERS

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

PROCESS MATTERS

www.kftc.org/ABF

www.kftc.org | January 31, 201414 | Balancing the Scales

Residents along 16 Kentucky counties where there could be another high-press, high-volume hazardous liquids pipeline are becoming more concerned the more they learn about the proposal. In August, Kinder Morgan Energy Partners and Mark-West, two large energy/pipeline companies, announced a

joint venture that would re-pur-pose the Tennessee Gas Pipeline from its current use for natural gas to carry natural gas liquids (NGLs). The line would carry raw NGLs from Ohio to the Gulf Coast for processing and export. When fully operational it could carry 400,000 barrels per day. Dick Watkins of Frankfort has done extensive research about the re-purposing of pipelines and col-

lected information that he reported to the Environmental Quality Commission in October and November. “[I]n spite of all the sophisticated in-line-inspections and hydrostatic tests that will be done, it [re-purposed pipe-line] may still fail in service. One reason is that the pipe was manufactured using obsolete welding technology called Low Frequency Electric Resistance. “Another is the obsolete exterior protective coatings that are known to disbond, which reduces the effectiveness of ca-thodic protection against corrosion,” according to Watkins. “A third reason is that pressure spikes in a pipe are more severe for a liquid than for a gas. You learned this as a kid. Which balloon would you throw at someone, one filled with

air or one filled with water?” He provided data that show most failures for pipelines that used the LF-ER welding were for “external selective seam corrosion … which is hard to detect on the outside of a pipe underground.” “In summary, there is no economic benefit to Kentuck-ians for using re-purposed pipelines, and there are acute health, safety and environmental risks for piping NGL long distances,” Watkins concluded. Kinder Morgan, which owns the Tennessee Gas Pipeline, will need to file an application with the Federal Energy Regulatory Commission (FERC) to allow it to abandon natural gas service along the line. FERC will make that decision based on maintaining gas supplies to customers now being served by the line, not on the intended post-abandonment use. Kinder Morgan has a poor safety record, not only for pipeline accidents but also for workplace safety violations cited by the U.S. Occupational Safety & Health Administration. In 2011,

the U.S. Department of Labor sued Kinder Morgan for un-derpaying workers. In 2004, a 4-inch NGL pipeline operated by Mark West Energy in Floyd County, Kentucky, exploded, incinerating five homes and sending nine people to the hospital.

Near the end of a three-hour meeting of the Environ-mental Quality Commission in January, Bob Pekny heard something that astounded him. The leak detection equipment used by the company wanting to build the proposed Bluegrass Hazardous Liq-uids Pipeline has a threshold of 1.8 percent of volume. “That means they could have a huge leak and they wouldn’t even notice it,” Pekny said. “It works out to 302,000 gallons a day or 12,600 gallons an hour – the leak has to be bigger than that before their instruments will detect it. That’s a huge leak.” Pekny, a KFTC member in Woodford County who lives along the Kentucky River near the pipeline’s proposed route, is familiar with pipes and pressure from a career as a refrigeration contractor. He had previously researched and thought the leak detection threshold was much lower. “I was shocked. I had done enough research that I thought it was a much lower number than that,” Pekny said. When operating at capacity, the proposed pipeline could carry 400,000 barrels of natural gas liquids per day. A barrel is 42 gallons. For comparison, the chemical spill in West Virginia that contaminated water supplies for 300,000 residents

and is still causing problems weeks later was estimated to be between 7,500 and 10,000 gallons. Adding to the company’s admission is evidence that the control rooms where pipeline pressure is monitored don’t work. Representatives of the pro-posed Bluegrass Hazardous Liq-uids Pipeline have been touting the effectiveness of their remote monitoring system in Oklaho-ma for months to relieve public fears about pipeline leaks. Company officials ac-knowledged that their existing pipelines have had leaks (there have been dozens of leaks in recent years). But their safety expert also said not one of these leaks had been detected by their control center. “When questioned about the control room and how alarms work, they said that the one time that they thought they had a leak it turned out to be a ‘meter problem’ and not a leak at all,” Pekny said. “It

was a false alarm. This sounds like their control room isn’t very effective.” A recent Wall Street Journal analysis of 251 pipeline incidents over four years found that leak-detection soft-

ware, special alarms and 24/7 control room monitoring discovered just 19.5 percent of those leaks. But a more thorough review by InsideClimate News covering 10 years of oil pipeline spills found that 95 per-cent of spills are not discovered by leak detection systems, including 4 out of 5 spills larger than 42,000 gallons. At the Environmental Qual-ity Commission meeting, at least 16 company representatives were present, many flown in from across the country, to convince commissioners that the

pipeline would be of great benefit to Kentuckians. Residents from communi-ties along the pipeline’s projected route

had presented to the commission in November. The commission is expected to make recommenda-tions regarding the proposed pipeline to the governor and state environmental cabinet soon.

Bob Pekny spoke to concerned residents after a legislative hearing in September.

Residents concerned about second hazardous liquids pipeline

Detection systems for big pipelines seem to miss most leaks

Dick Watkins

Proposed Bluegrass Pipeline update

www.kftc.org | January 31, 2014 Balancing the Scales | 15

SUPPORT HOUSE BILL 171February 19, 8:30 am: Lobby Training,

Capitol Annex Room 1111:30 pm: Rally, Capitol Rotunda

Regional carpools leaving from Berea, Campbellsville, Elizabethtown, Frankfort, Lexington, Louisville, Northern KY, and

Shelbyville.

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

www.FairnessCoalition.org.

A major civil rights gathering will take place on March 5 in Frankfort as many people come together to mark the 50th anniversary of a historic civil rights march in 1964 led by Rev. Martin Luther King Jr. “Everyone who is proud of Kentucky’s historic role in helping to end segregation in the nation and for being the first state south of the Mason-Dixon Line to have a state Civil Rights Act is enthusiastically invited to participate,” according to a press release from the Kentucky Commission on Human Rights. The event is being organized by the Allied Organizations for Civil Rights, of which KFTC is one of many members. The commemorative march and accompanying rally will be from 10 a.m. through approximately noon EST on Wednesday, March 5. “It is our desire to build upon the legacy that 10,000 Kentuckians left in 1964 with efforts that ultimately led to the end of legal discrimination and the Kentucky Human Rights Commission being made the state authority charged with investigating and ruling on discrimination complaints,” said John J. Johnson, executive director of the state human rights commission. The historic March 5, 1964, Civil Rights March on Frankfort included more than 10,000 people who walked to the capitol to urge a law that would help end segregation by making discrimination illegal in the area of public accommodations such as stores, restaurants, theatres, and hotels. A host of Kentucky civil rights leaders, citizens of all races, and celebrities participated. Rev. Martin Luther King Jr., Rev. Ralph David Abernathy and baseball great Jackie Robinson were among those who traveled to Kentucky to help lead the marchers to the capitol and speak to the crowd from the steps. The folk group Peter, Paul and Mary led songs about freedom. Gov. Edward (Ned) Breathitt met with Frank Stanley Jr., owner of the Louisville Defender

newspaper and a key organizer of the event, other state civil rights leaders, and King and Robinson, to talk about the urgent need for a state civil rights law. The march also helped build support for the U.S. Civil Rights Act of 1964, and helped result in the Kentucky Civil Rights Act of 1966. The Kentucky Civil Rights Act makes it illegal to discriminate against people in the areas of employment, financial transactions, housing and public accommodations. Discrimination is prohibited in all these areas based on race, color, religion, national origin, gender and disability. In employment, discrimination is further prohibited on the basis of age (age 40 and over) and on the basis of tobacco-smoking status. In housing, discrimination is further prohibited based on familial status, which protects people with children in the household under the age of 18, and it protects women who are pregnant. It is also a violation of the law to retaliate against a person who has made a discrimination complaint to the commission. The Allied Organizations for Civil Rights was formed for the sole purpose of organizing this commemorative event and carries the same name of the group that organized the 1964 march on Frankfort. It is a collaborative network consisting of professional, educational, human rights and activist groups and individuals. The group includes the Kentucky Legislative Black

Caucus, Kentucky Council of Churches, the Kentucky Conference of NAACP Branches, the Kentucky Chapter of the National Association of Human Rights Workers, the Kentucky Advisory Committee to the U.S. Commission on Civil Rights, the Kentucky Black Caucus of Local Elected Officials, the Fairness Campaign, the American Civil Liberties Union of Kentucky, the Kentucky AFL-CIO, the A. Phillip Randolph Institute, the Coalition of Black Trade Unionists, local human rights commissions throughout the

state, representatives of Kentucky’s colleges and universities and KFTC. “The Allied Organizations for Civil Rights hopes that men, women and children from all over the state who believe in continuing the justice movement will participate in the commemorative march and rally on March 5,” said Johnson. He added that the Allied Organizations for Civil Rights also hopes to place modern-day human rights at the forefront of the commemorative event by urging full voter participation and access. “We will be encouraging schools and colleges to bring students to participate in the event, just as they did in 1964,” Johnson said. “We hope to see busloads of students and teachers as well as human rights, religious, disability, and other activist and advocate groups,” he said. For more information, to help with organization or to sign up to participate, contact Mary Ann Taylor of the Kentucky Commission on Human Rights at 800-292-5566 or at AOCR@ky.gov. Allied Organizations for Civil Rights asks for as many volunteers as possible to help facilitate and to share the plan for the 50th anniversary march.

Coming? Gather at the corner of 2nd

Street and Capital Avenue in Frankfort at 9:30 a.m. to line

up and march about two blocks to the

state capitol.

Rally will commemorate historic 1964 Frankfort civil rights march

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

FAIRNESS LOBBY DAY AND RALLY

www.kftc.org | January 31, 201416 | Balancing the Scales

CALENDAR OF EVENTSCHAPTER MEETINGS

February 3Wilderness Trace Chapter Meeting7-8:30 p.m. at Inter-County Energy Community Room1009 Hustonville Rd., Danville Info: Bethbissmeyer@kftc.org or call 859-314-2044

February 6Scott County Chapter Meeting7 p.m. at the Georgetown Public Library, 520 Hollyhock Lane, GeorgetownInfo: Joe@kftc.org or call 859-380-6103

February 10Jefferson County Chapter Meeting6:30 p.m. at the First Unitarian Church, 809 South 4th Street in Louisville. Info: Alicia@kftc.org or call 502-589-3188

February 10Big Sandy Chapter Meeting7-8:30 p.m. at the KFTC Office, 152 North Lake Drive, Prestonsburg Info: Jessie@kftc.org or call 606-263-4982

February 17Perry County Chapter Meeting6-7 p.m., HCTC Tech Campus, 101 Vo-Tech Drive, Room 118, Owens BuildingHazardInfo: Jessie@kftc.org or call 606-263-4982

February 20Shelby County Chapter Meeting6 p.m., Stratton Community Center, 215 W Washington St., ShelbyvilleInfo: Carissa@kftc.org or call 502-208-1696

February 20Central Kentucky Chapter Meeting7 p.m. at the Episcopal Diocese Mission House (corner of Martin Luther King Blvd. and 4th Street) in Lexington. Info: BethHoward@kftc.org or call 859-276-0563

February 24Madison County Chapter Meeting6:30 p.m. at Berea College Appalachian Center, 205 N. Main St., Berea.Info: BethBissmeyer@kftc.org or call 859-314-2044

TRAININGS

Power Up Webinar Series:7 p.m., visit www.kftc.org/calendar for the phone number and access code.Info: Lisa@kftc.org or call 859-200-5159

February 3: The Case for Clean Energy Policies in Kentucky

February 10: Getting Prepared for I Love Mountains Day

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

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

EVENTS

February 4: From Louisville to Appalachia: Celebrating Our Common Heritage, 7 - 10 p.m., Hillbilly Tea, 120 S. 1st Street, LouisvilleInfo: Alicia@kftc.org or call 502-589-3188

February 5: Clean Energy Lobby Day, 8:30 am - 1 p.m., Capitol Annex Room 111Info: Lisa@kftc.org or call 859-200-5159

February 6: I Love Mountains Poster Making Party, 6 - 9 pm, Four Sisters Restaurant, 2246 Frankfort Ave., Louisville Info: Alicia@kftc.org or call 502-589-3188

February 7: Premiere Film Screening of “Appalachia 2050”, 7 p.m., Clifton Center, 2117 Payne St., Louisville. Info: Alicia@kftc.org or call 502-589-3188

February 12: I Love Mountains Day March and Rally. Noon, gather at the Kentucky River; 12:30 pm, March to Capitol steps; 1:15 pm, Rally!Info: www.kftc.org/love

February 15: Northern Kentucky Loves Mountains! 2 p.m., Velocity Bike and Bean, 7560 Burlington Pike, Florence. Featuring poets Scott Goebel and Jim Webb, and musicians Kentucky Graham and the Red Cedars.

SATURDAY, MARCH 8, 9 a.m. - 4:30 p.m.Jenny Wiley State Park, Prestonsburg, Kentucky

Workshops will be about beginning organic gardening, on-farm re-newable energy, small-scale mountain farming and more.

Free and open to the public • $10 suggested donation per adultPre-registration is appreciated: Register online at

www.kftc.org/growing or call 606-263-4982

Sponsored by the Big Sandy KFTC Chapter and others.

ROWINGPPALACHIA