balancing the scales - March 2011

Volume 30 Number 2

March 24, 2011

Non-Profit U.S. Postage PAID Lexington, Ky. Permit No. 513

Kentucky is Rising and you are a part of the building movement!

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

balancing the scales

Inside...

KFTC’s 30th Anniversary pg. 4 Citizens continue to push for coal company accountability pg. 9 Historic towns of Benham and Lynch need support pg. 8 Common future guides work on economic justice bills pg. 17

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balancing the scales, March 24, 2011

Executive Committee Corner

Editor’s Note: Members of KFTC’s Executive Committee will be using this new “Executive Committee Corner” to share perspectives on such topics as how they became involved with KFTC, why they’ve stayed, or what aspects of particular issues hold special interest or signifi cance for them.

by Steve Boyce KFTC Chairperson

To start the “Executive Committee Corner,” I was at first planning to talk about

how effectively KFTC supports

learning – learning about issues

and how change occurs – and

how important that was to me in getting started with KFTC. What I was hearing was, in effect, “Speak your mind even if your voice shakes,” but learn about the issues first and learn about how change can occur through participation in democratic process.

But when I look at what’s been happening in the last few months, I can’t resist talking first about why I want to stay involved with KFTC and contribute what I can. What I see are examples of “New Power” action – of getting beyond the words. What I see leaves me saying Wow! What great “ordinary” Kentuckians in KFTC! Where could you find a more dedicated, more effective staff! What critical and interrelated issues we’re taking on! What a moment we’re in! How great the opportunities! How great the challenges!

What do I mean by “getting beyond the words?” Here is one example of New Power words used in launching the New Power PAC last fall: “New Power means new jobs for our workers and our children. New Power means affordable energy for our homes and industry without destroying our communities, land, air, water or health. New Power means all Kentuckians informed and participating in the decisions that shape our lives and our communities. New Power means elected officials who are accountable to all their constituents.”

All that sounds good, but what evidence is there of movement and gathering momentum that get “beyond the words?” Here’s a quick and incomplete sampling of recent KFTC action I see as doing just that.

On March 3 our Clean Energy Opportunity Act (HB 239) got a very promising House committee hearing that opens the way for the 2012 session. This bill comes from the Kentucky Sustainable Energy Alliance, an organization cofounded and nurtured by KFTC over the last two years. The bill would support local clean energy jobs with special attention to low-income households challenged by increasing power bills and older, inefficient homes. The roll-out for HB 239 included a very successful Kentucky Clean Energy Summit on January 31.

In fall 2010, EKPC abandoned its multi-year plan to build the new coal-burning Smith power plant, very

convincing evidence for the power of organizing! This opens the way for the mandated collaborative working group — with members from EKPC and our allied organizations – to investigate the extent to which energy efficiency and renewable energy – clean energy solutions!

– can be used effectively for the benefit of EKPC’s roughly 500,000 residential electricity customers.

Planned for April 9 in Floyd County is the conference Growing Appalachia: Do-it-yourself skills for small-scale farming, forestry and saving energy. Its intention is to be proactive about solutions as part of the Appalachian Transition Initiative, KFTC’s effort to spur a just transition for Appalachia to a new, sustainable economy.

These examples concern how the future might unfold in Kentucky, especially in Eastern Kentucky. In the meantime the destruction of mountains, water resources, forests and communities continues. How can the region and its economic development potential be protected? Organizing and strong litigation work — aimed in part at building a better future beyond coal and stopping MTR — has led to some dramatic recent rulings that look very promising.

And then there’s Kentucky Rising, the weekend sit-in at the governor’s office just before I Love Mountains Day, conducted with such courage, civility, thoughtfulness and persistence. The resulting day-long mountain witness tour for the Governor may be the beginning of a different level of ongoing communication around accountability.

There are many, many “actions” beyond the New Power words I’ve not mentioned. Who, for example, should be voting for the elected officials that need to be “accountable to all their constituents?” An important part of KFTC’s answer is HB 70. Momentum is building towards the restoration of voting rights for former felons.

And what sort of tax structure would be fair, sustainable and adequate to support the government functions necessary to make our communities healthy, educated and safe? On three different occasions during the session excellent testimony came from KFTC members.

One of those occasions was March 1 when HB 318 got a House committee hearing which, like that for HB 239, opens the way for the 2012 session. The time seems ripe for tax reform, and our work with this bill since 2003 certainly deepens and enriches the conversation.

Learn more about any of these and more in the following pages, the KFTC website and blog, or from going to chapter meetings. Better yet, join one of the statewide committees. Learn from each other! All are welcome.

I find the range, quality, and cohesion of these interrelated actions get “beyond the words” in a heartening and pretty amazing way. How can we more effectively reach toward the basic New Power goal: all Kentuckians working together for a brighter future? How can we find the energy and resources for enough effective learning and planning to support constructive actions? The opportunities are great. The need is great. As I said, I want to stay around and be part of the effort.

On the cover: Beverly May presented her polluted drinking water to Governor Beshear prior to the Kentucky Rising four day occupation of his office. Below: Members of Kentucky rising wrote a note to a crowd that gathered outside in solidarity.

Kentuckians For The Commonwealth is a statewide grassroots social justice organization 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 is 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 Steve Boyce, Chairperson Sue Tallichet, Vice-Chairperson Dana Beasley Brown, Secretary-Treasurer K.A. Owens, Immediate Past Chair Rick Handshoe, At-Large Member

Chapter Representatives

Rosanne Fitts Klarer, Scott County Erika Skaggs, Central Kentucky Ted Withrow, Rowan County Scott Goebel, Northern Kentucky Mary Love, Jefferson County Meredith Wadlington, Bowling Green & Friends Carl Shoupe, Harlan County Truman Hurt, Perry County Megan Naseman, Madison County Patty Amburgey, Letcher County Beverly May, Floyd County Cari Moore, Knott County Vanessa Hall, Pike County Alternates: Matt Doolin, Matt Heil, Lisa Bryant, Antonio Mazzaro, Martha Flack, Sandi Joiner, Stanley Sturgill, McKinley Sumner, Steve Wilkins, Jeff Chapman-Crane, Bobby Hicks, and Erica Urias.

Kentuckians For The Commonwealth P.O. Box 1450 London, Kentucky 40743-1450 606-878-2161 Fax: 606-878-5714 info@kftc.org www.kftc.org balancing the scales is published by Kentuckians For The Commonwealth and mailed third class from Lexington, Kentucky.

Reader contributions and letters to the editor should be sent to 250 Southland Drive Suite #4, Lexington, KY. 40503 or tim@kftc.org.

Subscriptions are $20 per year.

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balancing the scales, March 24, 2011

Table of Contents Executive Committee Corner

KFTC Offices and Staff

Member Commentary Coalfield marchers bring positive conversations, reactions A coming out of sorts … Kristi Kendall speaks at HB 70 rally

page 5 page 6

Local Updates Central Kentucky chapter has a jam-packed first quarter Historic towns of Benham and Lynch need support

page 7 page 8

Canary Project Update Citizens continue push for coal company accountability Kentucky Rising, I Love Mountains Day build momentum

page 9 page 10

Renew East Kentucky Update Clean energy collaborative with EKPC, co-ops begins Owen Electric Cooperative Board hears members’ concerns

page 14 page 14

Legislative Update Legislators learn about clean energy job-creating potential New opportunities for the Clean Energy Opportunity Act

Common future guides work on economic justice bills Power of a story: Linda Stettenbenz shares her testimony Growing coalition brings new energy to voting rights work Stage is set for 2011 election

page 16 page 16 page 17 page 18 page 19 page 19

Calendar of upcoming events ...plus much more throughout the issue!

Letter to the Editor Proud of Wisconsin workers Dear editor,

As a Kentuckian who values and advocates for progressive tax policies and budgeting, I am pleased by the recent workers’ actions in Wisconsin. It is important that those of us who see our teachers, our police officers and other public workers as being integral and positive aspects of the communities that we and our forbearers have worked tirelessly to build lift up these actions, announce our solidarity with the people of Wisconsin proudly and be prepared to take similar actions in Kentucky should our legislature make the same budgeting mistakes and try to solve them by taking away our people’s ability to bargain for better wages, for better health care, for better communities.

Before announcing that Wisconsin was in a budget crisis, Governor Walker cut taxes for the wealthiest Wisconsinites and businesses. The cuts he made for businesses were analyzed by Wisconsin’s Fiscal Bureau, which stated that the cuts he made benefited employers financially but not enough for those businesses to hire on new employees.

Wisconsin’s budget, before Walker’s cuts, was in surplus for 2011. But, he cut taxes, declared a crisis and used this opportunity to blame public employees for the budget “problems” that he helped create.

The methods used to pass the Budget Repair bill in the Wisconsin legislature were not strategy; they were subversive actions to undermine the very process by which we pass laws in this country.

MAIN OFFICE

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Rep. Hintz of Wisconsin said it best: “Doing big things is supposed to be HARD.” He was also correct when he said that Congress was created to be a deliberative body. We all grow tired of the endless campaigning and pontificating of our elected officials, but let’s not allow that frustration to be expressed through anti-democratic methods in the name of expediency.

I am so proud of my fellow Americans in Wisconsin.

Their resolve and their stamina in the face of an inhospitable climate (temperature and politics-wise) is nothing short of inspiring.

I’m proud of their peaceful, three-week long demonstration, and I’m proud of their more aggressive “storming” of the Capitol before the vote that passed the Budget Repair bill.

The actions in Wisconsin are an echo of the unrest around the world. Even in America, the people have to sometimes defend themselves against irresponsible and oppressive government measures, and Wisconsinites rose to the occasion.

The word “revolution” is floating around a lot these days, in the Tea Party, in the liberal camp, in the conservative camp – the word revolution is ringing in the ears of people around the world, from every background.

Let us remember while we’re pushing for change that we should do so responsibly, that we should build rather than destroy, that we should make progress rather than allowing our conversations to digress from what is

Morgan Brown, Robin Daugherty & Burt Lauderdale P.O. Box 1450 London, Kentucky 40743 606-878-2161 Fax: 606-878-5714 info@kftc.org

FIELD OFFICES Louisville

Berea

Jessica George, Jerry Hardt, Colette Henderson and Nancy Reinhart 901 Franklin Street Louisville, Ky 40206 502-589-3188

Teri Blanton 118 Baugh Street Berea, Ky. 40403 859-986-1648

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

Central Kentucky Tim Buckingham, Jessica Hays Lucas, Erik Hungerbuhler, Brittany Hunsaker, Heather Roe Mahoney, Dave Newton, John Malloy and Ondine Quinn 250 Plaza Drive Suite 4 Lexington, Ky 40503 859-276-0563 Northern Kentucky Joe Gallenstein 859-380-6103 Floyd County Brittany Combs 606-422-0100

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

really good for America.

Let’s hold our elected officials accountable when they don’t deliver and when they don’t work hard to push for things we’ve elected them to do.

But let’s not ever let anyone who represents us undermine the value and process of the democracy those who’ve come before us have worked so hard to establish and maintain.

While we’re whispering the word “revolution”, let’s remember that not all revolutions are improvements and let us keep in mind when and if we take to the streets, to our legislators, to our representatives and neighbors, that a revolution is positive only when it improves the lives of individuals and of our communities as a whole.

I hope to see my fellow Kentuckians standing beside me if our elected officials threaten the rights of or try to silence the voices of Kentuckians.

Shekinah Lavalle Louisville, Kentucky

KFTC

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30 Anniversary th

KFTC is 30 years old (nearly). We’re celebrating!

We’ll officially turn 30 in August. But we’re starting with this issue to recall some of the history of KFTC and the people involved. We’ll have an installment in each issue of balancing the scales in 2011 where we’ll recall what was happening 30 years ago and during some interval years since.

In this issue, however, we look at some of the events and situations that were present prior to KFTC’s formation in 1981.

There is a lot of history for the people and land of southeastern counties of Kentucky, where KFTC has its roots – too much to even try to summarize here. One element that is essential to the history and culture is the relationship with the land.

So attempts by others – largely absentee corporations – to control that land and its abundant resources have defined the history of the area for nearly 125 years.

People in the area also have a strong history of organizing and working for change – labor unions, black lung associations, quilt circles, community efforts to fight strip mining, welfare rights organizations and much more. Early members brought much of that experience and knowledge to KFTC.

In some ways, as is evident in the events recapped below, not much has changed in how the companies after the huge profits to be made from the coal and timber, oil and gas, treat the land and the people who call that land home. It is a lot of history to overcome, not just in terms of ending the oppression but also in establishing the belief that vibrant and sustainable communities can flourish across the region.

Here is a short list of nearly 100 years of events that reflect what was happening to the land, minerals and people of southeastern Kentucky leading up to KFTC’s formation in 1981.

balancing the scales, March 24, 2011 1945: A strip mine on 12 acres of steep land gives way in a storm, sweeping away homes below. Russell Fork Coal is held liable by Pike Circuit Court. The Court of Appeals reverses the decision, declaring the slide to be “an act of God.” 1955: Knott Circuit Judge John C. Cornett rules in Buchanan v. Watson that a Mayo deed allows strip mining without the permission of the landowner, but that the surface owner must be compensated for damage. Both sides appeal. The Court of Appeals upholds Cornett’s ruling.

1956: The Court of Appeals decides to reconsider its ruling in Buchanan v.

Watson and declares that surface owners have no right to compensation for damage to their property done by strip mining under broad form deeds.

Ollie Combs is arrested in November 1966 for trespassing on her own land, which was being strip mined without her permission. Photo by Bill Strode.

1957: After floods bring widespread destruction and loss of life, the U.S. Forest Service finds poor logging practices and the effects of strip mining “clearly evident during and after the storm,” a situation it predicted would get worse.

1965: Public opposition to the destruction of land by strip mining flares. “Uncle Dan” Gibson, an 81-year-old Knott County minister, and 61-year-old Ollie Combs are arrested for stopping the stripping of family land. Governor Ned Breathitt cancels the mining permits on the Gibson and Combs land.

1887: John C. C. Mayo buys his first mineral rights using a broad form deed to separate ownership of the minerals from the surface land. He pays 50 cents an acre.

1970: The Knott Fiscal Court passes an ordinance, by a 3-2 vote, banning strip mining in the county. The crowd in the packed hearing room cheers for five minutes. Leslie, Henderson and McLean counties consider similar moves, but Attorney General John Breckinridge blocks the enforcement of the ordinance.

1888: Joseph Eversole, a Hazard attorney, is assassinated. He had been warning landowners not to sign mineral deeds offered by a certain land syndicate. A feud breaks out involving syndicate members. Twenty are killed, but there are no convictions.

1974: A surface owners’ rights bill introduced by Rep. Raymond Overstreet is passed by the legislature. A year later, the Court of Appeals declares it unconstitutional.

1906: The state legislature passes a law, written by Mayo, invalidating old Virginia land grants and allowing land with unpaid taxes to be claimed by coal companies.

1976: Deputy Sheriff Joe Begley helps organize the Citizens League to Protect Surface Rights in Letcher County, one of a number of local groups to fight strip mining.

1921: The first of many rulings that the mineral owner has dominant rights over the surface owner comes from the Court of Appeals (then Kentucky’s highest court).

Looking Back …

25 Years Ago …

• KFTC worked in the 1986 General Assembly on bills to make unmined minerals subject to property taxation, strengthen a 1984 broad form deed law that Gov. Martha Layne Collins was not enforcing, allow local control of the siting of hazardous waste facilities, and allow third-party tax assessment appeals. Although several bills won on various committee or floor votes, ultimately all were defeated by manuevering of House Speaker Don Blandford and Majority Floor Leader Greg Stumbo.

20 Years Ago …

• The KFTC Steering Committee votes to focus more on working among low-income and minor-

Joe Begley

ity communities – constituency-based organizing rather than just issue-based organizing.

• KFTC works in a special legislative session (annual sessions had not started yet) to push for local control in a new law governing the disposal of solid waste and the siting of landfills. Members throughout the state are working to stop a deluge of out-ofstate waste into Kentucky’s unlined landfills.

• The Leadership Materials Project begins to make leadership resources more accessible to members.

15 Years Ago …

• KFTC rents a “Democracy House” in Frankfort for members to stay in while in town to lobby.

• KFTC defeats an attempt in the 1996 General Assembly to repeal the unmined minerals tax victory won in 1988. Forestry legislation and bills related to low-income utility issues fail to win legislative approval.

Compiled by Rev. Maynard Tetreault from a variety of sources.

10 Years Ago …

• A bill to prohibit racial profiling by law enforcement agencies and another supporting home energy assistance programs are passed by the General Assembly with KFTC support. Members also lobby on bills related to factory farms, economic disclosure, property rights and hazardous duty retirement for solid waste workers.

• Students organize against sweatshop-made apparel sold on university campuses.

5 Years Ago …

• 125 people attend I Love Mountains Day, which focuses on lobbying. Two weeks later, KFTC holds a Music for the Mountains event in the Capitol.

• KFTC supports tax reform, coal truck safety, voting rights and affordable housing trust fund legislation in the 2006 General Assembly

balancing the scales, March 24, 2011

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Member Commentary

Coalfield marchers bring positive conversations, reactions

and the great hardships these miners are going

The march from Prestonsburg to Frankfort was a histhrough. But many people, toric march from the very heart of the coalfields of eastmore than I anticipated, ern Kentucky to the Capitol. I marched because many also tooted their horns in felt that it could not be done, and also because I am support and said very enfrom eastern Kentucky. I think it was an important couraging words to us. march because it showed that those who oppose mounThe farther we got away taintop removal could walk through the coalfields, from the coalfields the more and talk with local mountain people in the coalfields. support we were shown.

People along the way would stop in their car or It was amazing to me all truck and ask us what we were doing and why we were the people that offered enthere. We handed out literature about I Love Mountains couragement and support Day in Frankfort and why we were opposed to mounall along the way including taintop removal mining. the coalfields counties. One

We talked in a friendly way with local people and Methodist minister bought tried to show that we were their friends and did not wish us all coffee. Others would to harm the mining industry. We attempted to encourdrive by and tell us that age the miners and local residents to listen to our point they couldn’t understand KFTC members joined members of the group Foot Prints For Peace and marched of view, and let them share their beliefs and concerns, why people wanted to from eastern Kentucky to Frankfort to participate in I Love Mountains Day, and we would share our beliefs and concerns with them. destroy the mountains, generating awareness and conversations along the way.

In Floyd and Magoffin counties, many coal trucks or how they had driven els and wind turbines. And how the U.S. invented and cars would drive by and toot their horns at us. At through and were surprised to see a mountaintop the technology of wind turbines and solar energy; first I thought they were being friendly and then I began blown off and leveled. but China is making so much money from green jobs to notice that many were giving us the bird, which my

One man along the way told us how the gas inand those jobs should be in the U.S. and not China. friends called the “peace sign.” dustry came by and core drilled for oil and said that it How China is moving ahead of the U.S. industry

A few cars would drive by several times to watch wouldn’t do any damage, but now all their wells were with energy provided by mountaintop removal coal. us and people all along the way were using their cell dry from the drilling, and that he supported our march.

I told the marchers that no one person could do phones to call others down the road that we were com Many people shared with us their disgust for mounthis march alone. Too many people were opposing our ing. People were looking out of their trailers and homes taintop removal and how they supported our march. We march along the way and no one person could do the at us. enjoyed the cattle, horses, llamas, donkeys, geese, roostmarch; but together we made the very successful march.

Some people would come out on their porches and ers and other animals along the way. We enjoyed walkNext year I hope more people from eastern Kentucky give us the “peace sign.” One woman told us about how ing through Red River Gorge, and along the route that make the march. Next year’s march I hope that more her grandchildren would be without food if her son lost Daniel Boone came into the flat hills of central Kentucky. friendship will be made between the marchers and the his mining job.

I think the march is important to the movement bepeople in the coalfields and all along the way.

Another woman who worked at the state employcause we must interact with miners and local residents ment office told how miners are losing their mining jobs to understand their needs and what they think about our movement to stop valley fills and protect the water and people’s homes and DONATES AN UNRELEASED health.

It is also important that TRACK TO BENEFIT KFTC local miners see us and talk with us. Much of the For every bag purchased of Kentucky resident and contemporary Mountain Dream Blend, KFTC anger miners have towards folk musician Ben Sollee has donated those who oppose mounwill receive $5! an exclusive song to benefit KFTC. taintop removal is that most of them don’t talk Ben’s previously unreleased track, Visit heinebroscoffee.com to with us and release some The Wires, is part of the just-launched purchase your bag today! of their fears and wrong Patagonia Music Collective, a division (or stop by one of their beliefs and misunderstandof the environmentally minded apparel 7 Louisville locations) ings about our movement. company, Patagonia Inc. I told people that for every mining job, there DRINK IT (yourself) was 11 green jobs, about GIVE IT (as a gift) For more information on the Patagonia how China was moving SUPPORT IT (local) Music Collective, and to download “The ahead of the U.S. as a world LOVE IT (KFTC!) Wires,” visit: http://www.patagonia. power because China is REPEAT! com/us/media/music making so much money from building solar panby Russell Oliver

JAVA for Justice!

BEN SOLLEE

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balancing the scales, March 24, 2011

Member Commentary

A coming out of sorts … Kristi Kendall speaks at HB 70 rally

by Kristi Kendall

I’m a former felon. Yep, sure am. If you didn’t know this before now, sorry for springing it on you this way.

Chances are I didn’t tell you because I wasn’t sure how you’d react. Many, well most, of my Facebook friends already know. Some were felons like me, some were employed at the prison, some were special people who came into my life (Dale, Julia, Colleen, and Brittany) as a result of my time there.

As a result of my conviction, I am not allowed to vote. Now, many people don’t vote and couldn’t give a crap about it. But I, on the other hand, am not one of those people. I am opinionated as most of you know and demand that my voice be heard.

Kinda sucks when you can’t have your voice heard and express those opinions. It also affects me on my job.

I work at a law office as a paralegal and cannot become a Notary until my rights are restored.

Aside from my boss, I am now the only other employee at the office and since he can’t (ethically) notarize his own paperwork, that leaves us notary-less. If you’ve ever worked for or know anything about legal offices, not having a notary is almost unheard of.

When I was invited to go to the Lobby Day for HB 70, I was a little apprehensive. I’m a creature of habit and that certainly didn’t fit in with my “Get up, go to work, come home” routine. I would have to take a day off from work, drive down there with a stranger, and be assertive with legislators whom I did not know and was scared I’d say the wrong thing to. I mentioned it to Johna…

“So I’ve been invited to this thing….” To which she said “You’re going. This is what you do. You’re going.”

So, I’m going and then I was asked if I wanted to speak. To say that I felt nauseous when I read that email would be an understatement. Johna said, “You’re doing it.” Chance said, “You’re doing it.” Crap…why is my

family more confident in me than I am of myself? They were not content, as I was, to let me sit in the shadows and go about my day-to-day life.

I tried to write a speech. I’m not a speech writer, so it goes without saying that I didn’t get any farther than “Hi, my name is Kristi.” I thought I might write a poem.

“You can write a poem. You’ve done that. You have a

The Price of Freedom Let me tell ya somethin’ Freedom ain’t cheap…

I know Because I bought mine I bought my freedom By keeping my head down And my eyes forward.

I bought my freedom With self-help classes And slave wages.

I bought my freedom With “Yes Sir” and swallowed sarcasm.

I bought my freedom With humiliation Isolation And alienation.

I bought my freedom With every handcuff

I want to help KFTC build power!

Name: Address: City, State Zip:

Phone: Email: I wish to make my donation to the following organization (check one): ____ KFTC (not tax-deductible) ____ Kentucky Coalition (tax-deductible) Bank Withdrawal/Credit Card Payment Authorization: I authorize KFTC/KY Coalition & Vanco Services, LLS 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.

folder full.”

For days, the blank Word document stared right back at me, the cursor even seemed to laugh at my writer’s block.

Wednesday night, 6 hours before I was scheduled to meet my traveling partner, the words came, so did the anger and the sadness. Here’s what I wrote….

Shackle And chain You put around my body.

I bought my freedom By turning my cheek, Doing the right thing, And letting go.

I bought my freedom When you strip-searched Me In front of 200 people.

I bought my freedom By keeping my mouth shut ….sometimes.

I bought my freedom When I stood up for others And suffered for it

I bought my freedom From you And it took me years to pay You back.

I bought my freedom When your officer Offered candy To touch me

I bought my freedom “Paid in Full” he said when I walked out the gates.

I bought my freedom When I taught others To read.

I bought my freedom With lost time Lost loves And lost respect.

I bought my freedom I paid for it It’s mine.

So why are you trying to collect interest On a debt I already paid?

Who asked you to join KFTC? Suggested membership dues are $15-$50 annually. ____ One-time Gift: Amount $_____________ ____ Pledger: I will contribute $___ every (check one):

__ Month __ 3 Months __Quarterly __Annually Authorized Signature: ___________________________ Date: _____________ Circle one: Mastercard

Visa American Express

Discover

Card # __ __ __ __ - __ __ __ __ - __ __ __ __ - __ __ __ __ Expiration date: ___ ___ / ___ ___ Cardholder’s name (as it appears on the card): _____________________________ Date: ____________ For bank drafts, return this form with a voided check from the account you wish to have the withdrawal made. For checks, please make payable to KFTC or the Kentucky Coalition and mail to: KFTC • P.O. Box 1450 • London, Ky. 40743-1450.

balancing the scales, March 24, 2011

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Local Updates

Central Kentucky chapter has a jam-packed first quarter

These first couple of months of 2011 have been extremely busy for the Central Kentucky chapter. Here is a snapshot of what they’ve been up to: Lexington Loves Mountains

This year the chapter organized an entire week of events leading up to I Love Mountains Day including a radio spotlight on WRFL 88.1, an old time music show, a legislative letter-writing party and author event, a poster-making party and an I Love Mountains happy hour. Tons of people came out and the energy was amazing. Members had the opportunity to come together and discuss their work and strategy for ending mountaintop removal mining and for bringing green jobs to Kentucky.

The chapter also raised more than $2,000 from the week’s events and gained at least 50 new members to KFTC! The following businesses/organizations/people helped make these events possible: Cricket Press, WRFL 88.1 FM, Al’s Bar, The Morris Book Shop, 3rd St. Stuff Coffee Shop, Julie and Adrian Shepherd Powell, Rich and the Po’Folks, Clack Mountain String Band, The Reel World String Band, Silas House, Maurice Manning, Eric Sutherland, Whitney Baker, the Lafayette High School Young Democrats and all of KFTC’s amazing, amazing volunteers and members!

Local economic justice work The chapter’s economic justice work team has been surveying Lexington residents to get a sense of what they feel would make their communities better and how KFTC might be able to organize locally around economic justice concerns.

The committee identified 13 precincts, prioritized them by median income starting with the lowest income areas and working upwards. Once identified, chapter members began a door-todoor campaign. So far they’ve surveyed folks in the Ohio-Walnut, Aylesford and Fairlawn precincts.

The survey contains a mix of broad and direct questions ranging from, “What do you think your community needs to make it better?” and “What do you look for in a good job?” while others get more specific about the cost of household utilities and whether they were registered to vote.

In Ohio-Walnut, a consistent theme among residents is the problem of crime and the lack of positive activities for young people.

One woman on Ohio Street talked about how terribly blessed she was that her 22-year-old son never got involved with drugs and crime because it seems like most of the young people in the neighborhood do.

In the Aylesford precinct, which is predominantly made up of University of Kentucky students, members heard a lot of complaints about absentee landlords and run-down rental property.

Additionally, members walked the Fairlawn precinct, which is off of N. Limestone near La Roca United Methodist Church, where folks had a lot of complaints about people driving dangerously around kids and flying down the street at 50+ mph.

In addition to these (likely not so) unique problems, just about everyone who had been surveyed regardless of which neighborhood is struggling with extremely high utility bills (i.e. $500 per month electric and gas, $300 water bills) and feel like it’s nearly impossible to gain access to the few good-paying jobs that are left.

Additionally, when people were asked what they felt the role of city government was, most folks seemed like they either weren’t exactly sure but whatever it was, it didn’t seem to be happening.

One woman in the Fairlawn precinct told members that she had voted for most of her life but three years ago stopped because she felt like politicians were out for themselves and for wealthy people and didn’t have her or her family’s interests in mind.

The chapter work team members

Find KFTC on Facebook and look for local chapter pages, events and important information

Members of the Safe Bathroom campaign surveyed local bathrooms. periodically check in with each other to discuss their findings and what opportunities exist for the chapter to do some good local economic justice work.

Local fairness work The chapter’s fairness work team has been very busy over the last couple of weeks surveying restrooms and getting signatures on petitions.

So far they’ve surveyed restrooms in the Carnegie Center, the Living Arts and Science Center, the Main Library, Third Street Stuff, Doodles, Giacommos Deli, the Marathon station on Martin Luther King and Third Street, Alfalfa restaurant, Jonathon’s at Gratz Park, Six Friends Café, the Starbucks at Ashland and High Streets, Chevy Chase Coin Laundry, the Beer Trappe, Rincon Mexicano, Common Grounds Coffee House and the Lexington History Museum.

Members used a checklist developed by a student group at UC Santa Barbara called P.I.S.S.A.R (People In Search of Safe and Accessible Restrooms) to conduct the survey.

The checklist is broken down into three sections. The first addresses access for people with disabilities. This requires the person doing the surveying to measure things like the width of the bathroom door, the distance from the grab bar to the floor and height of the sink.

The second section of the checklist is regarding transgender and gender variant folks and asks questions like, “Is the restroom in a safe and well lit area?” and “Are the doors marked with gender specific signs or gender neutral ones?”

The last section of the checklists pertains to childcare and aims to find out if

there are changing tables in the restroom (regardless of whether they’re male or female restrooms).

The teams also carried with them petitions they’d designed and asked folks they met to support their efforts, which resulted in several really great conversations about how this campaign fits into KFTC’s overall goals to challenge and change unjust institutions, overcome discrimination, help people to participate and to communicate a message of what is possible.

Voting Rights The UK-KFTC students held a screening on campus of the documentary Democracy’s Ghosts followed by a letterwriting event. The chapter also wrote letters to the legislators on the State and Local Government Committee in the Senate, where the bill has been stalled.

Gearing up for the voting rights rally in Frankfort, KFTC members Matthew Heil and Tayna Fogle joined Department of Corrections Deputy Commissioner Kim Potter-Blair on UK’s student radio station, WRFL 88.1, to talk about obstacles that former felons face when they reenter society.

Chapter members will soon be getting together to talk about a strategy for getting the Lexington city council to pass a resolution in favor of restoring voting rights to former felons.

As you can see, there has been a lot going on – and this isn’t even everything! If you’re interested in getting involved with any of these efforts please contact Ondine Quinn, the Central Kentucky organizer, at 859-2760563 or ondine@kftc.org.

balancing the scales, March 24, 2011

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Local Updates

Historic towns of Benham and Lynch need support

by Roy Silver

Two proposed strip mines threaten the historic cities of Lynch and Benham in Harlan County. Local residents are asking for help to protect not just their homes and water, but also the local economy thay have spent years building.

The A & G and Nally & Hamilton strip mines endanger the high quality public water plus homes and buildings listed on the National Historic Register. The National Trust for Historic Preservation has acknowledged the threat by the listing Black Mountain as one of “America’s 11 Most Endangered Historic Places.”

Created almost 100 years ago as coal towns, Lynch (U.S. Steel) and Benham (International Harvester) continue to serve as living examples of an important era. By the end of World War II, Lynch was the largest coal camp in the world.

Today one can visit the Kentucky Coal Mining Museum in the old Benham Commissary, or stay in the School House Inn, housed in what once was the Benham “White” School. Tourists can then travel to Lynch and meet the good people at the Eastern Kentucky Social Club, in the old “Black” school. You can tour the state-ofthe-art underground coal mine, Portal 31.

The proposed A & G strip mine would destroy part of Looney Ridge above Lynch. The company wants to mine through streams that feed into the Lynch public water system. (U.S. Steel sealed an underground mine to create the reservoir that now provides high quality water.

The Benham water supply originates in Lynch. Tests show that it can support a water bottling plant.)

A & G mines in West Virginia have amassed more than one-million dollars in fines. The view from the top of Black Mountain into Virginia gives a picture of the destruction that its mine would

bring to Kentucky. In 2005, in Virginia, a three-year-old boy was killed in his sleep when a boulder rolled off an A&G mine and crashed through his bedroom wall.

“It is so disheartening to see the destruction on the Virginia side of Black Mountain. We cannot allow that to happen to our side!” said Anne Carr, a Lynch City Council member and coal miner’s daughter.

Besides mining through streams that feed the Lynch reservoir, the companies want to place scores of coal sediment impoundments above Lynch.

“My concern is the amount of water in each impoundment [and] the likelihood that the larger ones would overfill or rupture and wreak havoc on the towns below,” said Mike O’Bradovich, a lifelong resident of Lynch who worked 21 years as a supervisor for U.S. Steel and Arch Coal.

“The other concern is the damage to the historic homes and buildings in Lynch, especially the Methodist Church, Catholic Church, City Hall and the homes that are closest to the boundary permits and the blasting,” O’Bradovich continued. “I am sure that due to the runoff there is going to be contaminants put into our streams.”

The proposed Nally & Hamilton strip mine butts up against the A & G strip mine on Looney Ridge above Lynch. It will be directly above Portal 31.

Experienced underground miners are concerned when strip mining is active and above their heads. This condition likely would frighten tourists from entering Portal 31, and could destroy the multimillion dollar investment in this underground exhibition coal mine.

Former underground mine shuttle car operator and Lynch resident Rutland Melton fears that the mines will “destroy our homes. The mountains are our protection.”

Retired federal coal mine inspector and

Historic buildings residents want to preserve include the Lynch Church of God and the Lynch City Hall. Both would likely suffer damage if mining is allowed.

coal miner Stanley “I walked the streets that were filled with Sturgill expressed a view held by many 11,000 people, 40 nationalities. The compawhen he said, “I love nies came, got what they wanted and left. It is these mountains. a great testament to the people who are tryGod put me here ing their best to not only keep their story alive, in the mountains. I but to preserve the integrity of their space and want to die in the mountains and I do place. They do not want to see it destroyed.” not want to see them go away.”

Bill Turner, a Berea College Distinguished Professor of

Nally & HamilAppalachian Studies, reflecting on growing up in Lynch ton was recently sent a 60-day notice of intent to sue by KFTC not add up to our main resource, water. It and others for its nearly 12,000 violations is worth more than any lump of coal.” of the Clean Water Act. They have been

While contesting both of these charged with falsifying records, exceeding proposed permits as well as others, pollution limits and other violations. residents also filed a Lands Unsuitable for

Bennie Massey served on Lynch Mining petition that would put most of the City Council for 16 terms and worked area targeted for mining in these permits underground. He believes that, “This is the off limits. The Kentucky Energy Cabinet best place in the world to live,” and that rejected this petition as “frivolous” but the “little coal they are talking about does residents are appealing this ruling.

ACTION Please tell Governor Steve Beshear and Energy and Environment Cabinet Secretary Len Peters that you support the Lands Unsuitable for Mining Petition, LUM-10-1. Say you oppose A & G permit 848-0287 and Nally & Hamilton permit 867-0472.

Talking Points 1. Based on a vision for their future that included building an economic base not dependent on mining, millions of dollars were spent to create Portal 31, the Coal Mining Museum and other tourist attractions, and preserve local landmarks. By supporting the Lands Unsuitable petition, Gov. Beshear would help protect this investment and affirm local initiatives.

2. The A & G mine will damage the streams that provide water for the city of Lynch. The Kentucky Division of Water has a “Five Mile Rule.” It is supposed to prevent discharges from strip mines “within five miles upstream from any public water supply intake.” It should follow this rule.

3. The proposed Nally & Hamilton strip mine would destroy Looney Ridge directly above Portal 31.

4. The A & G and Nally & Hamilton strip mines would place scores of sediment ponds above Lynch. Blasting would be near homes and historic buildings.

5. A & G and Nally & Hamilton would strip mine through existing gas wells.

6. The A & G and Nally & Hamilton strip mines would destroy the views from the historic cities of Lynch and Benham.

Contact

Send a copy to

Governor Steve Beshear 700 Capitol Avenue, Suite 100 Frankfort, Ky. 40601 (502) 564-2611 Fax: (502) 564-2517 Online email: www.governor.ky.gov/ contact/contact.htm

Len Peters, Cabinet Secretary Energy and Environment Cabinet 5th Floor, Capital Plaza Tower Frankfort, Ky. 40601 502-564-5525, ext. 214 Fax: 502-564-3969 Len.Peters@ky.gov

balancing the scales, March 24, 2011

Page

Canary Project Update

Citizens continue push for coal company accountability State officials resist intervention to protect public’s right in Clean Water Act case, courts rule otherwise

Residents of eastern Kentucky continue to push for accountability from coal companies for thousands of violations of the Clean Water Act.

The Beshear administration continues to resist those efforts, providing cover for the companies while denying its own failure to enforce the law.

So far, the court has agreed with coalfield residents, supporting their right to intervene in enforcement actions related to keeping the water in their communities safe.

On February 11, Franklin Circuit Court Judge Phillip Shepherd ruled that four coalfield residents, plus KFTC and three ally groups, may intervene in a case against New York-based International Coal Group (ICG) and Indiabased Frasure Creek Mining. Both companies are guilty of thousands of Clean Water Act violations related to the pollution of eastern Kentucky waters.

Those violations were made public by Appalachian Voices, Kentucky Riverkeeper, the Waterkeeper Alliance and KFTC last October. The revelations were an embarrassment to state officials who had ignored ample evidence of the violations that was literally under their noses.

The Energy Cabinet began its own enforcement action against ICG and Frasure Creek, filing an action in Franklin Circuit Court. That prevented federal litigation by the citizens’ groups from going forward.

“Enforcement of clean water laws, enacted to protect the public from harmful pollution, was intended to be a transparent process. By allowing intervention, the Court has made sure that will be the case. This is a major victory for the citizens of Kentucky.”

Attorney Mary Cromer Appalachian Citizens’ Law Center

So the groups asked to intervene in the cabinet’s lawsuit. They said the cabinet’s proposed settlement with the companies did little to discourage further violations.

Cabinet officials, siding with the companies, opposed citizen intervention. They claimed citizens had no legal right to clean water and that it would be an “unwarranted burden” to have to deal with the public.

In disagreeing, Judge Shepherd wrote: “The Cabinet, by its own admission, has ignored these admitted violations for years. The citizens who brought these violations to light through their own efforts have the legal right to be heard when the Cabinet seeks judicial approval of a resolution of the environmental violations that were exposed through the efforts of these citizens.

In these circumstances, it would be an abuse of discretion to deny those citizens and environmental groups the right to participate in this action, and to test whether the proposed consent decree is ‘fair, adequate, and reasonable, as well as consistent with the public interest.’”

“Enforcement of clean water laws, enacted to protect the public from harmful pollution, was intended to be a transparent process,” said Attorney Mary Cromer of the Appalachian Citizens’ Law Center and counsel for the interveners. “By allowing intervention, the Court has made sure that will be the case. This is a major victory for the citizens of Kentucky.”

State officials were quick to challenge the ruling, and even asked the appeals court for an emergency ruling to block discovery by the interveners from going forward.

But the state Court of Appeals was quick to deny the request for emergency relief. “In sum, the fact that petitioners would prefer to settle their differences without submitting to the additional discovery requested by Appalachian Voices (and other groups) simply does not warrant intervention by this Court on an emergency basis. Accordingly, the requested stay must be denied.”

Even though the appeal is still

Preventing Clean Water Act violations is not the only time citizens have had to protect themselves and their communities from ICG. KFTC member McKinley Sumner has battled the company since 2006, when they trespassed and illegally mined his land. It took more than four years to get ICG to “replace” the land and trees, pictured above. pending, the groups have been able to proceed with discovery. Discovery is the pre-trial phase in a lawsuit in which each party can obtain evidence from the opposing party through interrogations, requests for documents and depositions.

Current discovery is focused on whether the proposed consent judg-

ments between the cabinet and coal companies are fair, adequate, reasonable and in the public interest.

So far, state officials have objected to almost everything the interveners have requested.

A hearing before Judge Shepherd is set for June.

Canary Brief: House uses budget process to attack EPA

In a series of votes on a federal budget bill, members of the U.S. House adopted a series of amendments to free the coal industry from accountability for poisoning the nation’s land, air and water.

Among the amendments were one that would de-fund or prohibit the use of funds by the EPA to: 1) implement its new conductivity standards (which coal companies are having a hard time meeting); 2) veto any valley fill permits; 3) classify and treat coal as a hazardous waste; and 4) improve air quality standards related to the burning of coal.

Rep. John Yarmuth voted against all of these amendments. Rep. Ben Chandler opposed the first two related to mountaintop removal, but supported limiting EPA’s ability to control coal ash exposure and dirty air. All four Kentucky Republican representatives – Ed Whitfield, Brett Guthrie, Geoff Davis and Hal Rogers – supported the attack on the EPA.

The House budget bill did not pass the Senate. However, these issues are likely to come up again as Congress continues trying to pass a budget.

Page 10

balancing the scales, March 24, 2011

Canary Project Update

Kentucky Rising, I Love Mountains Day build momentum Events include a four-day occupation of the governor’s office and record turnout at Valentine’s Day rally

KFTC members are determined to maintain the pressure on Governor Steve Beshear and other elected leaders in the wake of the high-profile Kentucky Rising and I Love Mountains Day events in February.

Kentucky Rising turned into a weekend sit-in by a group of seasoned KFTC leaders to demand accountability of Gov. Beshear and draw attention to his complicity with the coal industry.

In January, Beshear had publicly told the Environmental Protection Agency (EPA) to “get off our backs.” In the past two years, with pressure from mountain residents, KFTC members and allies, the EPA has stepped up its efforts to enforce the Clean Water Act and stop routine violations by the coal industry.

cided to stay in his office until they got a more satisfactory answer. They expected to be forcibly removed, but when the governor’s staff realized they were not violating any laws and could stay, they stayed through the weekend in protest.

After three days, they emerged on the capitol steps on February 14 during the I Love Mountains Day rally, greeted by nearly 1,300 cheering KFTC members, allies and friends.

Author Wendell Berry, a member of Kentucky Rising, urged those gathered to take up the charge.

“If the adventure of the last few days, by this small company of friends, is to be more than a symbolic gesture, that can be only because all of you who are here, and many of our friends who are not here, will take it up, make it your adventure and your cause, until this great house will become the true home of justice to all the people of this state, and of faithful care for the divine gifts of land and water, and of life itself,” Berry said.

The theme of upholding the EPA’s obligation and authority to protect people from pollution continued throughout James and Liane Woodhead march and rally at I love the rally, with speakers including U.S. Rep. Mountains Day for their son’s future.

John Yarmuth urging the crowd to keep pushing for justice.

The Kentucky Rising group met

Ivy Brashear, a young woman from with the governor on Friday, February eastern Kentucky who spoke, said her 11, and made several requests, including Appalachia is broken but not defeated. that he: visit eastern Kentucky and see “This is our revolution.” the devastation of mountaintop removal

One KFTC member in the crowd for himself; foster a sincere, public was William “Bopper” Minton, who atdiscussion about the urgent need for a tended his first I Love Mountains Day. sustainable economic transition for coal His home in Clay County is near a coal workers and mountain communities; and withdraw from an October 2010 processing plant, and his 7-year-old lawsuit against the EPA. In this suit, daughter, Madison, has severe chronic the Beshear administration has actually asthma and allergies. joined with the National Mining Asso “My eyes just opened one day and ciation to try and block the EPA’s plan to I said, ‘This coal dust is smothering her protect the health and water of coalfield to death,’” Minton said in a recent interresidents. view.

Beshear agreed to visit eastern

He brought Madison to I Love Kentucky and foster a public discussion Mountains Day because he wanted her about transition, but not to withdraw to be involved in the fight for clean air from the EPA lawsuit. So the group deand water.

“The destruction of our land and the poisoning of our water and air, it’s wrong,” he said. “And I wish another thousand people would stand up and do what we did.”

Citizens in this movement have spent years pressuring EPA to enforce mining laws, and now the EPA has started doing its job, Minton said. But elected officials don’t like it, “and that is absolutely wrong.”

“They definitely need to back off the EPA and let the EPA do what they were designed to do, put the public’s best interests forward,” he said.

Kentucky Rising and I Love Mountains Day were important because they showed elected leaders that the people won’t back down, Minton said. “We’re standing here eyebrow to eyebrow with William “Bopper” Minton and family you, and we’re asking for your help for get ready to march and rally to protect a good cause,” he said. their home and community.

Minton said some people in his community think he’s crazy for standing up to the coal industry because “if you threaten a piece of coal, you threaten their way of life.

“When you live in the black filth we have to live in and you watch a child smother to death, you will look at it differently,” he said.

Steve Wilkins, a Madison County KFTC member who’s been active in the work to prevent a coal-burning power plant in central Kentucky and reform the rural electric co-ops, also came to I Love Mountains Day.

“I marched for the health of our mountain communities,” Wilkins Zoe Wilcher spoke at Berea Loves Mountains. More said. “I marched to wake than 125 Madison County members and friends up legislators who are on came out on February 18 for the second annual auto-pilot when it comes Berea Loves Mountains held at the Black Feather to bowing before shiny, Café. There was great food, music by local favorite black coal. I marched to Mudpi, Valentine card-making to send to Governor remind legislators that Beshear, and fun reflections from the statewide I we are a commonwealth.

Love Mountains Day experience. The chapter raised I marched to celebrate more than $300 and collected 75 Valentines for the victories past, present and Mountains to deliver to Governor Beshear. (continued on next page)

balancing the scales, March 24, 2011

Page 11

Canary Project Update

Members energized by Kentucky Rising events, make plans

To build upon the successful capitol sit-in and I Love Mountains Day, more than 30 KFTC leaders gathered in London in late February for a strategy session.

“We’ve got the sense that this is continuing,” said Mary Love. “It didn’t end on the 14th.”

The leaders present represented all of KFTC’s major campaigns. Steve Boyce said that the New Power frame – rooted in values and a shared vision for Kentucky – helped folks see “a unity among issues.”

After several hours of work, several key goals emerged from the strategy session: • Hold Governor Beshear accountable for failures to enforce mining laws; get him to change his position on mountaintop removal;

• Build a campaign to hold U.S. Rep. Hal Rogers accountable for his dual role of promoting destructive mining while attacking the U.S EPA, and of slashing federal spending on programs important to the health and wellbeing of people in his district; • Protect the communities of Benham and Lynch, and make this a high profile campaign due to the opportunity and the threat; • Promote the Renew East Kentucky Strategy;

• Provide creative ways for thousands of people to learn and take action around all of KFTC’s issues; • Promote and educate about the Clean Energy Opportunity Act;

• Make health impacts a key part of our messaging.

Many of these goals are reflective of KFTC’s existing work, and next steps will be planned by various work teams and committees. Other goals expand the work or provide new emphasis, reflecting the opportunities to make longlasting change.

“There have been so many inspirational things lately. They represent so many years of hard work, not just the last couple of weeks,” said Janet Tucker.

“People are going to have to be heard.”

Marty Mudd and Stanley Strugill hold signs with demands of Governor Beshear at the initial occupation of the governor’s office on February 11.

“People’s Hearing” does what legislature chooses not to

Young KFTC leaders hosted a “People’s Hearing” after I Love Mountains Day. This “committee” of young Kentuckians, all between the ages of six and 25, took testimony from citizen experts, asked questions, and offered their perspective as youth on the energy challenges facing Kentucky. More than 100 audience members were present to observe the People’s Hearing.

“We are here today to do what some

Canary Briefs: Bev May travels northwest for a Deep Down tour KFTC member Beverly May traveled to Oregon and Washington from March 19 through the 21 on a discussion tour about Deep Down, a film in which her personal and her community’s struggle in resisting mountaintop removal is featured. Film screenings were sponsored by Columbia Riverkeeper and the CRAG Law Center. Watch a film about Bev in Chicago: www. workingflims.org/impact.

legislators have not been willing to do,” said KFTC youth leader Megan Naseman at the beginning of the hearing.

“In a state among the most impacted from mountaintop removal coal mining practices, our legislators have been unwilling to hear the voices of the people on the other side of their lawmaking pens...we bring you our own hearing, a People’s Hearing, a grassroots effort by young KFTC members across the state who believe these issues are too important to stay buried.”

Seven-year old Makayla Urias said during the hearing, “I used to have streams outside my house. Now they are not as flowing. I would like to play in the creek by my house but I can not because it is not safe there. There are no living things there.”

In the committee’s final conclusion, Nikita Perumal, a high-school junior from Louisville, said, “These mountains are our heritage, and the youth of Kentucky have a right to enjoy them—in fact it is a direct violation of human rights to

wreck such havoc on coal communities in which so many youth live. And yet for each day we wait, more communities are disintegrating, more homes are being devastated. This is not the legacy we wish to leave to the youth of Kentucky—so let it not be. We owe it to the new generation, and all future generations, to adopt sustainable energy and to preserve our environment, so that it can be theirs as well. The time to act is not an indefinite moment in the future, but now.”

(continued from previous page) future. I marched to rally ever larger numbers of folks to do the daily, nittygritty work that will ultimately bring our mountains and her people back to health and vibrancy.”

One of KFTC’s biggest victories in the past year was preventing East Kentucky Power Cooperative from building a new coal-burning power plant in Clark County. As KFTC representative on a new collaborative among EKPC, KFTC, Kentucky Environmental Foundation and the Sierra Club, Wilkins is excited about the potential for new jobs in energy effi-

ciency and renewable energy through EKPC’s rural electric co-ops.

“Doing home energy efficiency check-ups; installing insulation, windows, heat pumps, solar water heaters; educating homeowners on maintaining highly efficient homes – all represent potential, local-community jobs,” Wilkins said. “This could add one solution to the many that are

needed to address the high unemployment numbers in our mountain communities.”

Members of the Kentucky Rising delegation and other KFTC leaders are planning next steps to maintain the momentum and keep pressure on elected officials including Beshear, who promised to visit eastern Kentucky with KFTC members in April.

I Love Mountains momentum growing …

Keep up with Kentucky Rising at www.facebook.com/KentuckyRising

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balancing the scales, March 24, 2011

Kentucky is Rising and you are a part of the building movement!

The following poem was delivered to the 14 members of Kentucky Rising on Sunday morning, February 13, along with the most incredible supply of fresh ham and biscuits. We read it aloud and everyone agreed it was as fine a sermon as we’d ever heard.

These Biscuits These biscuits come from Pike, Jackson, Letcher, Clay, Harlan, and Owsley Counties.

These biscuits come from ancestors who fought at Kings Mountain

tions that span over two hundred years in the mountains we call home.

mountains God built where we can see His glory in every leaf, rock, minnow, and stream.

And on this Sunday morning,

and earlier still, bravely stood on the deck of the Mayflower.

These biscuits come from hollers where the place is as much a part of the family as the people.

These biscuits come from ancestors who were sold as slaves when they were mere children.

These biscuits come from the love of children, our hope of the future.

These biscuits come to you with love for standing up for those mountains we call home, those places that are part of our family, the water we drink, and the air we breathe.

These

These biscuits come from the

God bless you.

biscuits come from genera-

Front to back (L-R): Row 1: Silas House, Patty Wallace, Teri Blanton, Jason Howard. Row 2: Herb E. Smith, John Hennen, Tanya Turner, Mickey McCoy, Stanley Sturgill, Lora Smith, Lisa Abbott. Row 3: Doug Doerrfeld, Rick Handshoe, Kevin Pentz, Wendell Berry, Chad Berry, Martin Mudd

THANK YOU

The group of citizens who took part in the sit-in at the Capitol was overwhelmed by the outpouring of support that came from friends all across the commonwealth and around the country, including friends we didn’t even know we had. It is impossible to adequately thank you all for the kindnesses we were shown. Below is an incomplete list of those who went out of their way to offer food, supplies, support and love that weekend. Even if we have missed your name on this list, please know that your support lifted our spirits and made an important difference.

• Our families and friends at home • An anonymous friend (first name Jeff) who drove from Louisville to deliver coffee early on Saturday morning • Anonymous friends who brought essentials, including coffee, blankets, biscuits, towels, brownies and earplugs!

• Rep. Tom Riner, who joined us for a moment of prayer and fellowship • Senator Kathy Stein • Sara Pennington

• Jerry Hardt • Burt Lauderdale • Lauren McGrath • Kentucky Coalition for Immigrant and Refugee Rights • Jeff Biggers • Friends who gathered at the Morris Book Shop, Al’s Bar, and the Music for the Mountains event in Northern Kentucky • Jim and Sara Call of the Meek House Bed and Breakfast in Frankfort • El Rancho Tapatio Restaurant in

KFTC member Rick Handshoe took the opportunity to show his love and support to those who attended a solidarity rally on Sunday February 13.

Lexington • Christian and Tanya Torp • Kentucky Coffee Tree Café • Friends who offered a massage after multiple nights on marble floors • Max Thomas • Margaret Stewart • Lisa Fithian • Sam Avery • Freddie Peralta • Joe Childers • Margaret O’Donnell • Nishaan Sandhu • Carrie Traud • Friends in Florida who had pizza delivered, as well as everyone else who sent fruit, veggies, blueberry muffins, ham and biscuits, Mexican quiche, burritos, pan dulce and so much more.

• KFTC members in Frankfort (and their neighbors) who went out of their way to ensure that our extra food was shared with local shelters

• The Governor’s staff, including receptionists and chief of staff Mike Haydon.

• All of the state police officers who worked overtime to provide security and ensure our right to peaceful protest and free speech • Gail Robinson • Kevin McNally • Dobree Adams • Bill McKibben • Wes Jackson • Silas House • Jason Howard • Lora Smith • Greg Capillo • Erik Reece • Carissa Lenfert • Colleen Unroe • Myles Benham Buckingham, whose fight for life inspired us.

• Everyone who came to the solidarity rally on Sunday and I Love Mountains Day. • All those who work hard on these important issues each and every day.

balancing the scales, March 24, 2011

Page 13

Canary Project Update

Another coal company on notice for water quality violations More than 12,000 violations cited in legal action

Nally & Hamilton, the 4th largest coal producer of surface mined coal in Kentucky, was put on notice March 9 that citizens plan to sue the company for 12,000 violations of the Clean Water Act.

The violations occurred from May 2008 through June 2010 and happened at more than a dozen of the company’s mines in Bell, Harlan, Knott, Knox, Perry, Letcher and Leslie counties.

The allegations involve failing to perform accurate testing and monitoring of pollution dumped into local waterways, and repeatedly misreporting discharges of iron, manganese, and other pollutants.

As in a similar ongoing case against ICG and Frasure Creek Mining, the results of many reports were copied exactly from one reporting period to the next and falsely submitted as new reports.

“Before our collective vision for renewable energy resources, a renewed economy and a new politics that reflect a true democracy can be realized, the destruction of our air, water and land must be stopped,” said KFTC Vice-Chair Suzanne Tallichet in a telephone press conference announcing the action. “That collective vision explains why we are involved in legal actions against coal companies such as ICG, Frasure Creek and today, Nally & Hamilton.”

“We don’t know what’s being dumped into our waters. We can’t trust the reported data,” said Pat Banks of Kentucky Riverkeeper, which is also part of the citizen enforcement actions. “Sub-

mitting a false report is an irresponsible and dangerous act – and so is failure to enforce” the law.

The other groups involved are Appalachian Voices, the Waterkeeper Alliance and the Natural Resources Defense Council.

The required pollution monitoring reports Nally and Hamilton did submit “were piled in dust-covered stacks and had not been reviewed for compliance in years,” explained Donna Lisenby with Appalachian Voices. They reviewed those permits at the London office of the Kentucky Division of Mine Reclamation and Enforcement.

After filing the ICG and Frasure Creek claims last October, the groups “waited five months to see if [state officials] would make good on their promise to enforce the Clean Water Act,” Lisenby continued.

Instead, the Beshear administration has done just the opposite, forcing the need for additional legal action.

Nally & Hamilton owners and employees donated $7,500 to Gov. Ernie Fletcher’s 2007 election campaign and $4,000 to Beshear’s 2011 campaign, according to the Kentucky Registry of Election Finance, reported the Lexington Herald-Leader.

“If the government fails to prosecute then we are going to do it and do it vigorously,” said Robert F. Kennedy Jr., representing the Waterkeeper Alliance.

He called on the U.S. Attorney and the Kentucky Attorney General to prosecute

The Frankfort Pine

If these walls could talk?

If these trees could see!

Alive and growing, Conscious and knowing?

What would they say after all?

The aged noble pine.

On which side would fall the divine?

It stood, tall above the crowd.

Beside the Capital steps.

The needles reflecting the early spring sun.

It was not the first time it had seen this very blood boil.

Generations beaten down by the black, bastard, gringo companies.

The King of a foreign land.

A subtle reminder of the forested spirit.

Derek Brown is a student at the University of Kentucky and wrote “The Frankfort Pine” after attending his first I Love Mountains Day this year.

the companies for fraud.

The speakers noted that water pollution carries a cost for human health.

Tallichet pointed out that Kentucky’s 5th Congressional district, represented by Rep. Hal Rogers and where all these violations occurred, ranks last in the nation in life expectancy, physical health and overall well-being.

Rogers recently used his position in Congress to attempt to block efforts by the U.S. Environmental Protection Agency to make coal companies comply with the Clean Water Act.

“Mining companies discharging toxic pollutants in our water is nothing new to our coalfield citizens,” Tallichet said. “Too many of us have been getting sick and dy-

ing for too long. It’s high time that mining companies are held accountable for their actions.

“At the same time, why not invest in wind and solar energy sources as neighboring states have? Energy efficiency is also a very important step in ensuring our energy future. A more vigorous statewide weatherization program would create hundreds of jobs.”

Nally and Hamilton has 60 days to correct the violations or the groups may sue for relief in federal court.

In the ICG / Frasure Creek case (see update on page 9), the Beshear administration filed its own action on the 59th day to protect the companies by preventing a federal lawsuit.

Harvard study takes a new stab at quantifying the true cost of coal

A new study quantifies many of the externalities for mining and burning coal that the coal industry and utility companies don’t pay, such as the costs people pay to treat asthma attacks that result from exposure to coal-burning pollution. The study included some of the external costs of mountaintop removal mining.

Study authors conclude that the estimated costs of using coal for electricity add up to $345.3 billion, adding close to 17.8¢/kWh of electricity generated from coal. If this cost were added, it would triple the cost of electricity in Kentucky.

Among other things, study authors recommended a transition to cleaner energy sources, and an immediate end to mountaintop removal coal mining.

The study, entitled Full Cost Accounting for the Life Cycle of Coal, was authored by Dr. Paul Epstein of Harvard and co-authored by KFTC member Beverly May. It was published in Annals of the New York Academy of Sciences this month.

EPA delays issuing coal ash safeguards until 2012

On March 3, EPA Administrator Lisa Jackson told federal legislators that the EPA wouldn’t be finalizing new regulations to regulate coal combustion waste (coal ash) until next year. She told lawmakers that EPA needs more time to review 450,000 public comments agency officials received on their regulatory proposal.

The majority of those comments urged EPA to classify coal ash as a toxic substance and control public exposure to it.

“The health of our communities is dependant upon clean air and water and our health is too important for us to delay any longer. The EPA has a duty to protect the people of this nation now by keeping coal ash toxins out of our water and air,” said Tim Darst of Louisville.

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balancing the scales, March 24, 2011

Renew East Kentucky Update

Clean energy collaborative with EKPC, co-ops begins

A great step toward New Power will take place at the end of March with the first meeting of the Demand-Side Management / Renewable Energy Collaborative – an effort called for in the agreement between the East Kentucky Power Cooperative (EKPC) and KFTC and allies who worked to cancel the $900 million proposed coal-burning Smith plant.

The Collaborative will conduct its initial meeting March 29, from 1 to 4:30 p.m. at the Marriott Griffin Gate Resort Hotel on Newtown Pike in Lexington.

Collaborative meetings are open to the public, and KFTC members are encouraged to attend.

The Collaborative is a joint project of EKPC, its 16 member cooperatives, the Sierra Club, the Kentucky Environmental Foundation and KFTC.

Additional groups with expertise in energy efficiency, low-income housing, and renewable energy in Kentucky have been invited to become members of the Collaborative and will participate as well.

The group will meet quarterly for the next two years to evaluate and recommend actions for EKPC to expand deployment of renewable energy and energy efficiency. Additionally, the Collaborative will also look to find ways

members of the group can work together to implement energy efficiency and renewable energy in the co-op areas.

David Mitchell, EKPC’s vice-president for construction and engineering, will chair the Collaborative. Owen Electric co-op and KFTC member Tona Barkley will serve as vice chair.

KFTC and each ally will have a representative on the Collaborative, as does EKPC and all 16 of the distribution co-ops. KFTC’s representative to the Collaborative is Madison County chapter member Steve Wilkins. Ted Withrow, a member of the Rowan County chapter, will serve as alternate.

In addition to supporting KFTC members who are serving as part of the Collaborative, KFTC will organize throughout the co-op service area to ensure the overall success of this group.

Additionally, KFTC will increase work to promote existing and new programs that save co-op members energy and money – especially people most vulnerable to rising rates.

Both of these areas of work are key strategies of KFTC’s new Renew East Kentucky Project – an effort to kick-start the Appalachian Transition to create a more sustainable and strong economy for eastern Kentucky.

Owen Electric Cooperative Board hears members’ concerns

At the January meeting of the Owen Electric Cooperative Board of Directors, five KFTC members presented and asked the board to adopt into the coop’s bylaws a Members’ Bill of Rights.

The Bill of Rights is a short and simple document that contains provisions such as the right for members to a postage-paid, mail-in ballot for board elections (rather than the current in-person voting policy) to ensure all co-op members have the ability to vote; the right for any co-op member to attend board meetings and to place issues on the board meeting agenda; and the right to examine and have easy access to co-op records.

The members felt their presentation was well received by the board and management, and board members said they would consider what was put before them.

A month later, after the board’s February meeting, the members were informed that the board wants to take action on the issues and was forming an advisory committee composed of three board members and four customermembers from throughout the service area to study each item in the Bill of Rights and give recommendations to the board.

KFTC and Owen Electric member Tona Barkley is excited about this progress and the great organizing work of members of her community. “I believe

we are going to see changes come out of the work we did,” she said.

Co-op managers indicated that they wanted to move on this issue, and felt it was important enough that they didn’t want it to linger. So, stay tuned to future issues of balancing the scales and to the KFTC blog to follow the progress of the Owen Electric Members’ Bill of Rights campaign.

Saturday, April 9 9:30 am - 4:00 pm Jenny Wiley State Park Join us for a day of workshops by local experts about ways to save and earn money through small-scale farming, forestry, and energy solutions!

Workshop #1 10:15 a.m.

• Growing your own edible mushrooms • What it takes to get your farm certified organic in Kentucky • How to get a community garden or community orchard going

An Owen Electric Co-op member signs a petition in support of a Members’ Bill of Rights. Co-op members presented their petition to the board of directors in January.

Workshop #2 11:15 a.m.

• Setting up Community Supported Agriculture to benefit local growers and consumers • How$mart: An exciting new approach to home weatherization offered by the Big Sandy Rural Electric Cooperative • Transition Town: ideas and strategies for working as a community to support more local and sustainable practices

Workshop #3 1:30 p.m.

• Opportunities for sustainable forestry and agriculture • Beginning gardening: tips and best practices for small spaces • How$mart: An exciting new approach to home weatherization offered by the Big Sandy Rural Electric Cooperative Workshop #4 2:30 p.m.

• Horse-drawn logging • Putting solar energy solutions to work for families and businesses in eastern Kentucky • Extending the growing season: Hoop-Houses and Cold Frames

There is no cost for the conference. Pre-registration is appreciated. register online at www.kftc.org/growing or call 606-878-2161

balancing the scales, March 24, 2011

Page 15

Renew East Kentucky Update

New KFTC members help open up Shelby Energy Co-op

Carlen Pippin is a retired veterinarian living in Shelby County and a new member of KFTC working to reform his rural electric co-op. He says his greatest satisfaction is being able to help someone. He’s doctored the animals of members of his community, sometimes whether or not they could afford to pay.

He’s felt a dedication to helping everyone, including those most vulnerable.

It is this same concern for his community that has brought him, and other folks in the Shelby County area, into the work of reforming Shelby Energy Cooperative.

“If we watch what they’re doing, making them more accountable, they’re going to make better choices, and help save money for all those who have no choice but to use their electricity,” Pippin said of the work to open up the co-op’s records and board meetings.

A few years ago, after the malfeasance of previous co-op managers was brought to light, the co-op

hired new managers, including a new CEO.

Still, the board remained the same and positive changes were slow in coming.

“I became very unhappy when I was told by the CEO that I could not view any of the board meeting minutes and that I must have the board’s approval to attend meetings,” Pippin said, echoing the concerns of other KFTC members about their rural electric coops. “I was concerned about a proposed 12 percent rate increase request along with the pass-through rate increases from EKPC.”

Pippin then began attending each board meeting starting in March 2010 and organized members of his community to join him. At each meeting, he submitted questions to the board, requesting that they respond to him in writing in 14 days.

Additionally, he began developing a relationship with the local newspaper editor. Of this phase of the work, he said, “It was difficult initially to get the local media involved but after inviting a reporter to at-

Announcing a beautiful new book …

Saving Kentucky is about preserving not only

land and historic property, but also a way of life. It tells the stories of an eclectic group of Kentuckians – including KFTC member Daymon Morgan – both in their own words and through the extraordinary photographs of Thomas Hart Shelby. From tenant farmers to urban revivalists, they have one thing in common: a deep connection to their heritage and a fierce determination to preserve it for future generations.

In these pages you will meet families who see,

with uncommon clarity, the human value of the land. You will meet leaders, innovators and visionaries—people who are thinking about forever, not just tomorrow.

Daymon Morgan

Sally Van Winkle Campbell has traveled Kentucky, driving the roads of the Bluegrass, seeing firsthand the majesty, as well as the heartbreak of the eastern Appalachian Mountains, and witnessing the renewal of the commonwealth’s urban centers.

More than a warning, it is an invitation – a call to each of us to embrace the future with hope and, most of all, imagination, even as we hold tight to the past.

Pick up a copy at a local independent bookstore or order online at: www.savingkentucky.com A portion of the proceeds from this book will support the work of KFTC to save the mountains and heritage of Eastern Kentucky from mountaintop removal and valley fills.

tend a special meeting to answer questions, we have had the editor’s full support. Our questions and their answers have been published on a regular basis.”

Since that time, “The number of members expressing concerns are increasing and some good changes have been made,” he said.

With the recent retirement of a board member, the board sought applicants from among co-op members for the first time.

Members now only need to give four days notice if they would like to attend a board meeting, rather than the previous policy of 30 days notice and board approval.

Pippin notes other improvements.

“The Board has become much more receptive of our attendance and would rather answer our questions in the meeting than to answer them in writing and see them in the newspaper,” he said. “Several advertisements for bidding contracts have begun to appear in the newspaper and on their website in the past three months.”

The organizing of the Shelby County co-op members has created a real opportunity for change, for engaging the co-op board, for becoming more informed about co-op decisions, and for helping press the board to make the right decisions to protect all co-op members.

Still, there is much work to do, and Pippin is excited to be a new KFTC member and to work with other KFTC and co-op members to forward the co-op reform work.

They are working towards the goals outlined in KFTC’s Platform of Co-op Reforms.

• We want Board members to be elected by ballot voting; proxy voting must go.

• We want the meetings to be open and the minutes available for member viewing.

• We want transparency and accountability from the board and management with fair opportunity and treatment of all employees.

Having the same values of transparency, democracy, and concern for community brought Pippin to KFTC, as well as one other thing: "We believe in the same values, but we have to have numbers to prove that."

He knows it takes a group of active folks – numbers – organizing locally to bring about lasting change, and this is what he likes about KFTC: "A group with the same values that says, 'Hey, we've got to speak up!'"

If you live in Shelby County or are a Shelby Energy Cooperative member and would like to get involved in the co-op reform work in your area, contact KFTC organizer Sara Pennington at sara@kftc.org or 606-276-9933.

Page 16

balancing the scales, March 24, 2011

Legislative Update

Legislators learn about clean energy job-creating potential

KFTC members were part of New Power at work on March 3 as testimony was heard on House Bill 239, the Clean Energy Opportunity Act.

The room in the capitol annex was filled with clean energy supporters ready for the economic justice and development opportunities offered through HB 239. And legislators got the message.

“All options on the table is what we’re going for,” responded Rep. Jill York to testimony provided by HB 239 sponsor Rep. Mary Lou Marzian and Kentucky Sustainable Energy Alliance members in support of the bill.

Rep. Leslie Combs, chair of the House Tourism Development and Energy Committee where the bill was presented for a discussion-only hearing, set a positive tone in her opening statement. “I like to consider myself open-minded and I am open to all ideas that are for the benefit of the people.”

Jeff Chapman-Crane, a KFTC member and a constituent of Combs from Letcher County, was one of those present. He praised Combs’s efforts.

“I was pleased that she was willing to hear this bill and it is a good sign for any legislator from eastern Kentucky to do this,” Chapman-Crane said. “I compliment her leadership.”

If enacted, the Clean Energy Opportunity Act would establish gradual renewable and efficiency targets that utilities would meet over time, and long-term renewable energy price guarantees for renewable energy producers.

The bill would also require investments to improve housing efficiency for low-income families.

Jim King, president and CEO of the Federation for Appalachian Housing Enterprises (FAHE), testified about why affordable housing groups across the state support the bill.

“The current course of energy in the commonwealth is a threat to families in need of affordable housing. If energy continues to rise at the course it is rising now, assuming no changes, the average utility bill will double by 2015. This is a high burden for low-income families – the same families that live in the homes that are the biggest energy users. People are facing an ‘eat

or heat’ situation.”

King said that the bill would improve energy affordability for the families that FAHE and other affordable housing groups serve and create local jobs in Appalachian Kentucky.

Matt Partymiller, operating manager of Solar Energy Solutions, told legislators just how many jobs would be created and how much money Kentucky could attract if this bill were enacted. He stated that implementing a state Renewable Energy Portfolio Standard (REPS) is a signal to national and international renewable energy production and manufacturing companies that Kentucky is making a long-term commitment to a new energy market.

And this signal will bring jobs.

Partymiller noted that millions of dollar in contracts for renewable energy installation in Kentucky were awarded to out-of-state companies in 2010. He expects to see the same thing happen this year.

He also pointed out that due to commitments to renewable energy that exist at the state level in Ohio and within the TVA utility service area in Tennessee, both states had attracted billions in manufacturing investments in the last two years.

“When you look at the jobs we’ve lost in construction and manufacturing, this is an opportunity to give some of these workers jobs,” Rep. Marzian said.

“We will continue to see jobs going to other states,” if Kentucky takes no action, Partymiller said. “For all the installations I have done, I have bought parts from Ohio, Indiana and Tennessee. It’s unfortunate that we don’t see the development of these products here in Kentucky.”

A couple of committee members already have seen the benefits of renewable manufacturing investments in their districts. Representatives Mike Harmon, Tom McKee, Kim King, Martha Jane King and Jill York pointed out connections they had in their own districts to the issues raised by the speakers.

“I like to brag on Corning in my district,” Rep. Kim King said. “They are now making glass for solar panels.” A glass and ceramic making company, Corning Inc. is headquartered in

Harrodsburg.

“I am excited for you all to be here,” echoed Rep. Martha Jane King.

“Hemlock Semiconductor, which makes a raw material for solar panels, is just over the county line from us.

Their $2.5 billion dollar investment is spilling over into our counties and bringing jobs and investment. I think we need to look to the future.”

Hemlock Semiconductor opened up operations in Clarksville, TN in January 2009 and is expected to create 900 jobs when fully operational. They were attracted to Clarksville in part because TVA, the electric utility that serves the area, offers 10-year price guarantees for renewable energy production.

These price guarantees – similar to one of the policy mechanisms contained in House Bill 239 – are driving up the use of solar panels in the region.

Rep. York said that she had not realized the manufacturing job potential of enacting this type of legislation prior to the hearing. She also said she appreciated the tone set by Reps. Combs and Marzian during the proceedings.

Leading up to the hearing, 40 people, mostly KFTC members, participated in a clean energy lobby day and press conference in Frankfort on February 10. Participants met with more than 20 legislators and secured two new co-sponsors for House Bill 239.

New opportunities for the Clean Energy Opportunity Act

by Mary Love

The outlook for renewable energy and energy efficiency in Kentucky is much brighter this spring than it has ever been. The EKPC Collaborative is getting off to a positive start and progress was made in this year’s short legislative session with the Clean Energy Opportunity Act (HB 239).

HB 239 found a great bill sponsor in Rep. Mary Lou Marzian of Louisville. House leadership assigned the bill to the Tourism Development and Energy Committee, where it belonged, instead of to the Natural Resources and Environment Committee, where it was assigned last year and did not receive a hearing.

Rep. Marzian was able to get Rep. Leslie Combs (committee chair) to agree to a no-vote hearing at the committee’s last regular meeting of the session.

Unlike a similar hearing in that committee last summer, there was a nonadversarial atmosphere at this meeting. This was largely due to the fact that the strong opponents on this bill chose not to attend the hearing at all.

The opportunities for job creation and the reduction of energy bills through energy efficiency and weatherization were the points stressed in the testimony given before the committee.

These topics created a lot of interest and positive energy in the meeting. Two representatives proudly pointed to job increases in their districts directly attributed to renewable energy manufacturing.

Perhaps the most important outcome of this hearing is that the committee members who were there did not see this bill as a threat to the coal industry.

Instead they saw it as an opportunity for jobs and savings on electric bills that would be a benefit to all of the citizens of the Commonwealth.

The strategy moving forward in the rest of this year is for members to have more meetings with legislators that will enhance support and enthusiasm for this bill, which is a win-win for all Kentuckians.

balancing the scales, March 24, 2011

Page 17

Legislative Update

Common future guides work on economic justice bills

KFTC’s Economic Justice Committee provided leadership to KFTC’s work on six bills during this past session.

KFTC opposed • the anti-immigrant bill (SB6) • elements of a bill to create a process for changing our tax structure by disempowering community representatives (SB 1), • a bill that would have forced anyone who applies for public assistance to take a drug test (HB 208), and • the Senate’s bill of across-theboard cuts to our state government.

KFTC endorsed • our Kentucky Forward Revenue Plan (HB 318), • a bill to cap payday lending rates (HB 318), and • study of the impact on Kentuckians across income levels of any tax policy that gets introduced by the legislature.

many Habitat for Humanity projects, served on boards, done fund-raising for housing/homelessness agencies.

In my parish community, I was always involved in social justice. And, after so many years of food and clothing drives, I became more interested in structural change. I guess you might say, delving into justice rather than charity. After you work with people who are struggling and who are hamstrung by the system, one is compelled to speak up.”

“It is important for our legislators to hear from their constituents not only about their feelings on particular bills, but about how they envision the future of Kentucky.” – Shekinah Lavalle

If it looks like a lot, it was. But a lot was at stake. Members saw these pieces of legislation as central to KFTC’s work to bring about the Kentucky that members envision, where “the lives of people and communities matter” and “discrimination is wiped out of our laws, habits, and hearts.” (from KFTC’s vision statement)

At a meeting with immigrants’ rights allies, Scott County member Homer White urged, “We can use this moment to help create a different climate in the state … We all share a common future.”

Here are some of the ways that KFTC members made an impact during this session:

Lavalle is a Jefferson County member who’s on KFTC’s Economic Justice Committee and lobbied for the first time this year. She found lobbying empowering in a way she didn’t expect.

“It is important for our legislators to hear from their constituents not only about their feelings on particular bills, but about how they envision the future of Kentucky. It’s exhausting, but I love it – like way more than I thought I would.”

Lavalle is also a New Power Leader, and brought her friends to the Immigrants’ Rights Lobby Day because they’d been talking with her about KFTC’s approach to lobbying.

“They had a lot of fun! They all want to come back and do it again. Kristah has officially joined KFTC, and Emily wants to join as well. Rae had a great time too.

I was really impressed with everyone.”

Lavalle will continue to invite her friends to work on these issues, and to share their vision for Kentucky with legislators to challenge them to make better choices for Kentucky.

“After so many years of food and clothing drives, I became more interested in structural change.” – JoAnn Schwartz

“Telling my story helped me realize how important it is to speak in my own voice.” – Linda Stettenbenz

Members’ work on these bills lifted up how economic policies have a lasting impact on Kentucky’s families and communities. JoAnn Schwartz, a member from northern Kentucky, said that she sees her work on these bills as integral to creating long-term change.

“Over the years, I have headed up

Linda Stettenbenz is a Jefferson County member. Her state representative is Rep. Jim Wayne, who sponsors KFTC’s Kentucky Forward Revenue Plan.

Stettenbenz spoke up at a press conference and at the hearing for the Kentucky Forward Revenue Plan, as someone who had been impacted by the

KFTC members and allies gathered in Frankfort on February 8 to support fair immigration rights in response to the proposed Senate Bill 6. long-standing need for revenue reform.

She testified about how the lack of revenue reform prevented her from getting financial aid when she went back to get her college degree – even though she met all the qualifications and got her materials in well before the deadline, the state had run out of money and Stettenbenz was turned away. She also testified about spending a lot of time looking for work, or looking for more work, and how making better investments in our communities would open the doors for more jobs and better jobs.

Telling her own story wasn’t easy for Stettenbenz, and she admits to being “really super nervous.” But she also knows how helpful it is for others to hear her story, and how helpful it’s become for her to tell it.

“This was another step toward finding connections between how my personal life is impacted by Frankfort without hiding behind statistics,” she observed.

Stettenbenz has found ways to carry her experience forward to the work that

she’s doing for tax justice in her own community.

“Telling my story helped me realize how important it is to speak in my own voice, and I take that with me in my everyday conversations.”

And these everyday conversations help get people involved in the work.

“I was called for jury duty – which I’m glad to do as part of my civic duty – and the judge told us that they’d been lobbying for years to allocate more money to subsidize jurors for missed work and childcare. [Kentucky only offers $12.50 a day, far less than a day’s work or the cost of a sitter, and other states offer as much as $50 a day.] That is a revenue problem, and we were able to talk about that. I’m going to try to get him involved with our work.”

“We need more, we expect more, we demand more. The more we learn and the more we hold them accountable, it does make a difference. Every day you just show up, you just learn, and you just do what you can.”

“It is important for our legislators to hear from their constituents not only about their feelings on particular bills, but about how they envision the future of Kentucky. It’s exhausting, but I love it – like way more than I thought I would.”

KFTC member Shekinah Lavalle

Page 18

balancing the scales, March 24, 2011

Legislative Update

Power of a story: Linda Stettenbenz shares her testimony

by Linda Stettenbenz (testimony delivered to legislators)

I’m Linda Stettenbenz, a member of the Economic Justice Committee for Kentuckians For The Commonwealth – a grassroots citizens’ organization of regular people working for a better Kentucky. We have worked for years to help guide this piece of legislation so that it serves the economic needs of ordinary Kentuckians. As someone who has been struggling, like many Kentuckians, to find a good job, and as a proud constituent of Rep. Jim Wayne, I’d like to speak with you today about the importance of the Kentucky Forward Bill – a plan that helps build a path for ordinary people like me to move forward.

I was born and raised in Kentucky, and though I have lived in other places, Kentucky is my home and I love it. I now live in the Louisville neighborhood of Germantown. My neighborhood is like a lot of others in Kentucky where people like me try and work hard, but can’t always make ends meet.

I’m one of many in my community and in this state who has spent a lot of time looking for a job. I’ve spent my share of time in the unemployment line, and I’ve spent my share of time being underemployed.

I had a good job and lost it when the business closed – in large part due to the declining spending ability of our customers, the vast majority of who were not wealthy, but just regular working people.

I’ve also spent a lot of time trying to go back to school. This time last year, I was one of 16,000 low-income students who qualified for, but was denied, financial aid for school because the state ran out of money.

I had bought a small, and what was at the time a very affordable, house the year before losing my job. So now I struggle a lot to find a job, to pay my bills, to keep my tiny house, and to afford higher education, which would give me a leg up.

We need to start thinking about what kind of Kentucky we want. If we’re going to get serious about attracting new jobs, we have to get serious about making investments in our infrastructure.

I want to see a Kentucky with

plentiful access to good education and a thriving quality of life; and so do employers.

Research in the past couple of years has shown that most new jobs will require at least two years of college. What are we doing to support that?

Research also shows that employers are drawn to states with educated workers and a high quality of life, and that the state tax climate is much less of a factor in their decision to bring good jobs in.

Our people are worth investing in.

We can be the kind of smart and creative workers that businesses need. We don’t need to be especially cheap, when we can be especially good.

I came back to Kentucky to stay because my family is here, and because I’ve come to see that this state is what we make of it. Rolling hills, beautiful mountains, clear streams, talented writers, artists, and musicians, inspiring heroes and sheroes, colorful and kind neighbors –Kentucky has amazing resources, and we are all intimately interconnected with them and with each other.

I want to see a Kentucky where necessary government functions that help keep everyone safe and healthy ­– like the Poison Control Hotline, mental health clinics, and drug courts – are not continually facing cuts, but instead are properly maintained for ourselves and protected for future generations.

Where our smart and innovative workers, across the state, attract a new, green economy, one of the fastest growing economic sectors with some of the brightest potential for good jobs.

We have the opportunity right now to bring ourselves closer to the Kentucky that we want. The revenue raised in Rep. Wayne’s bill will help us move closer to the Kentucky that lives up to our values, and will strengthen our economy by strengthening what we have to offer to employers, and by easing the financial strain of Kentuckians who are struggling the most.

I know that you all have to make tough choices sitting on this committee.

But I’m asking you to stop choosing cuts that give people reasons to lose faith in our commonwealth.

Instead, make the choice to invest in moving us all forward. Learn about

KFTC members Linda Stettenbenz and Mary Love continue to fight for a better way to move Kentucky forward regarding tax reform and energy policy. Both lobbied and testified on economic justice issues before the General Assembly. this bill. Talk with your constituents about it. I believe that when you articulate a vision that includes good jobs and a higher quality of life, with a fairminded and sensible way to get there,

it will be appreciated. I believe we can get there, and change the course of Kentucky, to help make a lasting impact that brings us closer to the Kentucky that we want.

Not so good in Mr. Rogers’ Neighborhood

KFTC members Mary Love and Stanley Sturgill recently made a trip to D.C. to talk with Rep. Hal Rogers’ staff about moving Kentucky toward a green energy economy, protecting our water, investing in our people and job opportunities, and about H.R. 1, the U.S. House’s starting point for a federal budget through the rest of the year.

Through H.R. 1, Rep. Rogers advocated cutting $1 billion from community health centers, and eliminating funds for the Corporation for Public Broadcasting and the Weatherization Assistance Program, which helps low-income homeowners make their homes more energy efficient and protect against rising energy prices.

H.R. 1 would have also weakened the EPA’s budget for cleaning up Kentucky’s water, opening the door wide for more mountaintop removal mines, coal ash storage ponds, and emissions of hazardous air pollutants from coal-fired power plants.

The Kentucky Center for Economic Policy released a report that shows how H.R. 1 would have had the following impact in Kentucky: • Keep 3,806 Kentucky kids from Head Start and cut 137,000 students from Pell Grants.

• Cut job training for 45,000 Kentuckians • Cut $25 million from clean water programs in Kentucky; • Cut Kentucky’s grants for housing, homelessness, senior and youth centers, social services and more by $31.2 million • Cut $1.3 million in Kentucky’s drug treatment • Cut $21.2 million to Kentucky’s public and affordable housing.

Congress’s debate over the federal budget has been impacted by the severity of H.R. 1; these would have been the largest one-year cuts in U.S. history.

balancing the scales, March 24, 2011

Page 19

Legislative Update

Growing coalition brings new energy to voting rights work But Senate leaders refuse to allow vote on HB 70

KFTC’s campaign to restore voting rights to former felons who have served their debt to society had an intense month in February, with letter-writing events, call-in days, movie nights, media work, thousands of postcards to legislators, small lobby days, and lots of field work all aimed at passing House Bill 70, a bill that would restore voting rights to most former felons.

The highlight of the work was the February 24 Voting Rights Lobby Day and Rally at the General Assembly.

Working with allies like People Advocating Recovery, the ACLU (American Civil Liberties Union) and others, KFTC helped bring 250-300 people to Frankfort to talk with legislators and take part in a powerful rally that focused on former felons and family members of former felons telling their stories.

Many participants were first-time lobbyists, taking their messages and stories to legislators for the first time.

“People are afraid to speak up.

They’re intimidated by legislators. But we have a right to be here and a right to speak. They’re humans just like us,” said Rosa Jackson, a former felon from Lexington and a first time lobbyist.

“I like being able to be heard. We work with communities that struggle with this issue. People turn their lives around and this remains an obstacle.

It needs to change,” said Marc Cortino from Louisville, another first time lobbyist.

Members had some exceptionally good in-person meetings with key senators and a lot of other good outcomes from the big day in Frankfort.

One new fixture of the day was a

Twenty-four candidates are running for six statewide constitutional offices in the elections later this year. In cases where there is more than one candidate from the same party filed for the same office, the Primary Election on May 17 will determine which candidate goes on to appear on the November 8 General Election ballot. Eighteen of the candidates have primaries, noted by an asterisk.

State Treasurer Steve Hamrick (D)* Todd Hollenbach (D)* K.C. Crosbie (R)

Stage is set for 2011 election

Governor Steve Beshear (D) Barbara Holsclaw (R)* Phil Moffett (R)* David Williams (R)* Gatewood Galbraith (I) Secretary of State Alison Grimes (D)* Elaine Walker (D)* Bill Johnson (R)* Hilda Legg (R)* Attorney General Jack Conway (D) Todd P’Pool (R) Auditor Adam Edelen (D) John Kemper (R)* Addia Wuchner (R)*

Agriculture Commissioner Robert Farmer (D)* Stewart Gritton (D)* John Lackey (D)* David Lynn Williams (D)* B.D. Wilson (D)* James Comer (R)* Rob Rothenburger (R)* There will be contested primaries in both parties for Secretary of State and Agriculture Commissioner, but only Republicans will have a contested primary for Governor or Auditor, only Democrats will have a contested primary for State Treasurer, and neither party will have a contested primary for Attorney General.

Independent candidates bypass the primary system and might be added to this list later in the year.

KFTC will be creating candidate surveys for each of these races and will publish the candidates’ responses in our Voter Guide and online at www.KentuckyElection.org closer to the Primary.

live streaming video camera operated throughout the day, giving KFTC members at home a way to “ride along” with citizen lobbyists and feel connected.

One interesting aspect of KFTC’s work in the General Assembly around this issue was working with some new allies that we might not generally see eye-to-eye with on other issues.

Take Back Kentucky and folks from Kentucky Tea Party groups saw voting rights as an important issue that fits into their ideology, calling for greater liberty and a stronger voice of the people in government.

KFTC members have cultivated these relationships in the past, but this is the first year of working together to bring pressure on legislators and to coordinate our lobbying strategies.

“I support two things – liberty and truth. We have God-given rights and whether you’re a felon or not, you still have those rights,” said Adrienne Gilbert of Larue County. “I’m a little disappointed in some of my friends, so called conservatives, who have not supported this bill.”

“I’m here to tell you right now, this is not a black or white issue. It’s not a Democrat or Republican issue. It is a human rights issue,” said Tayna Fogle, a former felon from Lexington.

Working across these substantial lines of political difference has been an interesting growing experience for a lot of members. They plan on continuing conversations throughout the year.

As for HB 70, it passed the House Elections & Constitutional Amendments Committee early in the session nearly unanimously, then passed a vote on the House floor 77 to 21, with a majority of both Democrats and Republicans voting Yes.

In the Senate, however, Senator David Williams and Senator Damon Thayer refused to allow the bill to have a hearing. They did this again this year even though lobbying efforts with all senators indicate the strong bipartisan support needed for passage.

Undaunted, KFTC members and allies are determined to continue building support for the issue throughout the year, to come back and win it during next year’s much longer legislative session.

KFTC will host a statewide Voter

Empowerment Strategy Team meeting on Saturday, April 30 from noon to 4 p.m., somewhere in Central Kentucky.

Representatives from all KFTC chapters are welcome. A Voting Rights Coalition meeting among the broad group of allies is tentatively set for Saturday, June 11.

Watch the KFTC website for updates.

Quick Hits On Voting

All voter registrations for the May Primary Election must be received at the County Clerk’s office or postmarked by Monday, April 18.

Anyone not registered, or needing to update their address, may do so at their local County Clerk’s office or may download a mail-in voter registration card from www.elect. ky.gov/register.htm.

Only registered Democrats can vote in Democratic Party primaries and only registered Republicans can vote in Republican Party primaries in Kentucky.

Some rules to remember • Seventeen-year-olds may also register and vote in the May Primary as long as they will turn 18 on or before November 8.

• You cannot change your political party now and still vote in the May primary. The deadline to change political parties for purposes of voting in their primary elections was December 31. If you’re a registered Democrat and you turn in an updated voter registration card with the Republican box checked (or vice-versa), you will lose the right to vote in either party’s primary.

• The above applies if you’re already registered in Kentucky. If you’re not already registered in Kentucky, you may register by the April 18 as whatever party and be able to vote in the primary election.

• To find where you are currently registered and what party you’re registered as, visit www.KentuckyElection.org (right column) or call your local County Clerk.

Page 20

Northern Kentucky chapter and allies sellout Music for the Mountains at Southgate House

Music in the mountains has always been used as a way to bring people together, to celebrate and to tell stories.

Mountain music has become a major tool to help organize citizens who do not live in the mountains but who want to celebrate, honor, and help protect the culture and community which mountaintop removal coal mining is destroying.

As a part of a statewide schedule of events leading up to I Love Mountains Day, Northern Kentucky members aimed to help create awareness of the destructive practice of mountaintop removal.

On February 12, (the Friday before I Love Mountains Day), the Northern Kentucky Chapter joined with Ohio Citizen Action, Intercommunity Justice and Peace Committee, Northern Kentucky University students, and Sierra Club members from northern Kentucky to Miami, OH to bring Mari-Lynn Evans to the University of Cincinnati’s MainStreet Cinema to present her documentaries Low Coal and Coal Country to more than 75 people.

On the following Saturday, the chapter helped various musicians and most notably members of the band “Magnolia Mountain” host a concert at the Southgate House in Newport.

The concert was a joint fundraiser between KFTC and Ohio Citizens Action, featured a new CD to benefit both organizations, and limited prints from Northern Kentucky artist Keith Neltner.

Asa Roberts, who heard about the event from City Beat (a free local alternative paper in the Cincinnati area), described the event as a ‘godsend’ for giving him the opportunity to plug into the fight to stop mountaintop removal.

Though already familiar with the issue, he described Jeff Biggers of the Huffington Post’s speech about the issue absolutely inspiring, telling other members he wished he could have had the event on DVD to watch it over again.

Alongside Biggers, Melissa English spoke on behalf of Ohio Citizen Action, and KFTC member Ben Baker told his story of how he came to learn about the destruction in Appalachia. Each shared their experiences, but Baker’s unique story of discovering mountain-

top removal while learning to fly was heartfelt, and many of the people in attendance heeded his call to join him at I Love Mountains Day.

Jeff Hampton spent most of his night helping with the merchandise table in the parlor. He said that for those who were not able to get into the ballroom, and see any of the bands, they still “all sounded incredible.”

While everyone enjoyed the music, there was no clear favorite. Rick Traud picked Jake Speed and the Freddies, Asa Roberts picked The Tillers and Magnolia Mountain, but Melissa English picked Bob Dionisi and Mike Oberst for their live performance of Coal Creek March.

All of the members enjoyed working alongside Ohio Citizen Action, and the people tabling each booth spent a lot of time helping each other out.

Alex Searles said, “I love Ohio Citizen Action. Their members were so full of energy and passion, and were really fun to work with. More importantly, they were very helpful. They kept helping KFTC’s table, and kept sending people who came to speak to them over to our table. It was awesome.”

Everyone was surprised by the huge success, as no one expected the show to sell out, let alone before 10 o’clock.

Some members heard the people at the door had to turn away more than 100 people, and many attendees were keen on the idea of coming back to a similar concert.

While this may or may not happen, Jeff Hampton reflected that it was such a shame to turn away so many people who were willing to learn more about the issue of mountaintop removal, and that there is a clear desire in the community to learn how to stop this practice.

Organizers had hoped to raise around $6,000 to be split 50-50 between Ohio Citizen Action and KFTC. Between ticket sales, CD sales, sales of the prints designed by Keith Neltner, the event instead raised close to $12,000!

CDs are still available for sale from KFTC for a suggested price of $10. The CD features songs performed only for this musical project, and were donated by each of the artists featured. You can contact your local organizer or call the Northern Kentucky organizer, Joe Gallenstein, at 859-380-6103.

balancing the scales, March 24, 2011

Calendar of Events Mar. 28 Madison County chapter meeting with special presentation from Kentucky Heartwood, 7 p.m. at Child Development Lab on Jefferson St., in Berea.

March 29 Clean Energy Collaboration Meeting, 1 pm - 4:30 pm, Marriott Griffin Gate Hotel, Lexington. Contact Sara@KFTC.org for more information.

April 1-4 PowerShift in Washington, D.C.; info at: energyactioncoalition.org.

April 2-7 Week in Washington with the Alliance for Appalachia.

April 7

Harlan County chapter meeting, 6 p.m. in Room 219 of Southeast Community College’s Appalachian Center in Cumberland.

April 9 Growing Appalachia Conference, Jenny Wiley State Park 9:30 am- 4 pm, FREE, email Lisa@KFTC.org for more information.

April 11 Jefferson County chapter meeting, 6:30 p.m. at the Main Public Library in the Board Room. (301 York Street).

April 11 Floyd County chapter meeting, 7 p.m. at St. Martha Catholic Church near Prestonsburg.

April 16 Georgetown Kitefest, noon - 5 pm Saturday and Sunday.

Email Dave@KFTC.org or 859-420-8919 for more information or to volunteer.

April 18 Primary Voter Registration Deadline. Email Dave@KFTC.org or call 859-420-8919.

April 19 Northern Kentucky chapter meeting,7 pm, 25 W 7th Street Covington, KY. Email Joe@KFTC.org or call 859-380-6103.

April 19 Perry County chapter meeting, 6 pm in Hazard; contact Colleen Unroe for more information, Colleen@kftc.org or 606-632-0051.

April 21 Central Kentucky chapter meeting, 7 p.m. at the Episcopal Diocese Mission House (on the corner of Martin Luther King Blvd. and 4th Street) in Lexington.

April 21 Rowan County chapter meeting, 6 p.m. at St. Alban’s Episcopal Church on 5th Street in Morehead.

April 25 Madison County chapter meeting, 7 p.m. at Child Development Lab on Jefferson St., in Berea, contact Carissa@KFTC.org.

April 26 Western Kentucky chapter meeting, 6:30 pm - 8 pm Universal Unitarian Church, 2033 Nashville Rd. April 29 “Give Into The Groove” a community benefit featuring live and electronic music, multimedia art and fashion. KFTC will be featured at this event, along with several other amazing organizations. Buster’s Billiards & Backroom in Lexington, this event is free to the public.

April 30 Voter Empowerment Strategy Meeting, Noon-4 pm. Location TBD

Email Dave@KFTC.org or 859-420-8919 for more information.

May 5

Scott County chapter meeting, 7 p.m., at the Georgetown Public Library. Email Dave@KFTC.org or 859-420-8919 for more information or to volunteer.