Burrillville rallies against power plant at Siting Board hearing, part II


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2016-05-10 EFSB 05By the end of the nearly four hours of testimony before the Energy Facilities Siting Board (EFSB) concerning Invenergy‘s proposed fracked gas and diesel oil burning power plant in Burrillville on Tuesday night, 41 people had spoken. Six people spoke in favor of the plant, mostly union laborers hoping for jobs. One person gave testimony that was difficult to follow, so I’m not sure if he supported or opposed the plant, and one man spoke twice. Thirty four people, mostly Burrillville residents, spoke against the plant, often emotionally but just as often with hard facts.

The hearing was actually a continuation of the first public comment meeting, held March 30. That hearing was better attended by both the residents of Burrillville and the union, but it’s possible attendance was down due to a misleading advertisement place in the Bargain Buyer by Invenergy. The meeting was better run this time. EFSB Chairperson Margaret Curran set out the rules and the timing early, and for the most part the process went smoothly, though sometimes things became heated between residents and the laborers. There were many police officers on duty, both state and local. At one point I counted nine.

The hearing also acted as our introduction to this ongoing drama’s latest cast member, Parag Agrawal, the new Associate Director at the RI Division of Planning. For the first time the EFSB functioned with a full board. The third member is Janet Coit, Director of RI’s Department of Environmental Management.

Below find all the testimony, in order.

Ten year old Briella Bailey got the evening off to a good start when she spoke the the Energy Facilities Siting Board (EFSB). Bailey went over her allotted five minutes, and her testimony played well with those in attendance, so it would have been a bad move for Curran to cut her off. Besides, Bailey wasn’t the last person to go over time.

Amanda Mainville gave very cool testimony, comparing Invenergy’s Director of Development John Niland to the villain of the Dr. Suess classic, The Lorax. It was the first of two Dr. Suess references of the night.

Paul MacDonald, Burrillville resident and President of the Providence Central Federated Council and Legislative Director of Teamsters Local 251 spoke in favor of the power plant. His testimony was more nuanced than that given by union members and leaders at the last hearing. In a nod towards the concerns of environmentalists, MacDonald maintained that, “If the environment cannot support it, I’m against it.”

Part of Invenergy’s plan is to use well water contaminated by MTBE to cool the turbines. Burrillville’s legacy with this dangerous gasoline additive is painfully explored in the testimony given below. The people of Burrillville have already suffered through one toxic nightmare. They are loathe to invite another into their lives.

More incredible and brave testimony from Donna Woods. Her personal story is extrememely powerful…

Linda Nichols is considering a run for office. Her testimony might just be her first step towards getting elected.

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State estate taxes are vital tools for broadly shared prosperity


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A new report released this morning by the Center on Budget and Policy Priorities (CBPP) emphasizes the importance of state estate taxes as tools for broadly shared prosperity and as a means to ensure that the very wealthy don’t avoid taxes by sheltering their wealth.

-3This report comes at an opportune time for Rhode Island, just a week after learning that policymakers are considering increasing Rhode Island’s estate tax exemption from the current $1.5 million to $2 million, a move that would benefit the heirs of fewer than 100 estates.[1] As seen in Figure 1, the increase in the estate tax exemption enacted two years ago already has significant negative impact on state revenues.

As Rachel Flum, Executive Director of the Economic Progress Institute, notes, “We face a choice: we can either invest in the things that help our communities thrive and all of us prosper, or hand yet another tax break to a few of our state’s wealthiest people.” Changes to our estate tax have already compromised our ability to make critical investments in the Ocean State. Increasing the estate tax exemption from $1.0 million to $1.5 million in the 2014 General Assembly depleted revenues by $8.4 million in 2015 and by $6.1 million already in 2016, according to the Department of Revenue.[2]

The CBPP report, State Estate Taxes: A Key Tool for Broadly Shared Prosperity, calls on states that have repealed their estate taxes to reinstate them, and suggests that the eighteen states that have estate taxes in place (including every state in the Northeast except New Hampshire) consider improving them. At $1.5 million, the Rhode Island estate tax exemption falls midway between the $1.0 million exemption in Massachusetts, and the $2.0 million in Connecticut.

The CBPP report emphasizes three compelling public policy purposes that result from estate taxes:

  1. Providing revenue for investments that promote a strong economy.  Estate tax revenue supports services that make a state an attractive place to do business and live.
  2. Reducing inequality.  The vast majority of taxpayers would never owe estate taxes.  These taxes are paid by a small share of very wealthy families — those most able to afford them.
  3. Taxing income that would otherwise escape state taxation.  Without an estate tax, many unrealized capital gains go untaxed at the state level.  This happens when an asset that has increased in value is not sold during the owner’s lifetime, leaving the heirs to gain the profit.

Report author, Elizabeth McNichol, emphasizes the price we pay when we erode state revenues:

You can’t get something for nothing. States that have reduced or eliminated their estate taxes have less money for public investments, so they are seeing higher tuition at public colleges; cutbacks in teachers at K-12 schools; and deteriorating roads, bridges, water treatment facilities, and other public infrastructure.”

Important investments in tens of thousands of Rhode Island’s low- and middle-income working families – such as increasing the state earned income tax credit to 20 percent of the federal credit, and helping families pay for child care–should take priority over tax breaks for a few dozen of our wealthiest families.  These investments are particularly important given Rhode Island’s overall tax system, which is “upside down”. The more money you make the smaller share of your income you pay in state and local taxes. A robust estate tax helps to reverse that upside-down tax system, as do changes at the lower end, such as increasing the state EITC.

Douglas Hall, Director of Economic and Fiscal Policy at the Economic Progress Institute notes that “Preserving the estate tax at its current levels gives us revenues needed to give Rhode Island working families a boost, strengthen our economy, and invest in education and infrastructure, while making our tax structure more fair, and preventing those most able to pay from avoiding taxes on their accumulated assets.”

[1] Based on the most recently available data, after reducing by more than half the number of estates subject to the estate tax via changes adopted in 2014, only about 86 filers would remain, 39 of which would see their estate tax completely disappear if we were to raise the exemption to $2.0 million

[2] Revenue projections from the estate tax, seen in Figure 1, incorporate the revenue impact from changing the exemption level, but also reflect the number of estate tax filings, which vary from year to year.

Invenergy accused of running misleading ad in Burrillville Bargain Buyer


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Bargain Buyer InvenergyAt Tuesday night’s Energy Facilities Siting Board Meeting (EFSB), with Invenergy‘s Director of Development John Niland in attendance, angry residents accused the company of running a deliberately deceptive ad in the Bargain Buyer regarding the timing and location of the meeting.

“Today, in every mailbox in Burrillville, The Bargain Buyer, which is our Bible in Burrillville, was delivered,” said Raymond Trinque, “Any clear thinking person would see this as a dirty trick by Invenergy.”

The advertisement, (pictured) says the meeting will be held on Thursday night at the Burrillville High School. The meeting was held Tuesday night at the Burrillville Middle School. The date, May 10, is correct. Social media contained reports from people who say that some residents arrived at the High School for the meeting only to go home. Residents worry that others may arrive on Thursday evening for a meeting that’s over.

The remedy for this “bold-faced lie”, said Trinque to the EFSB Board, is to schedule another meeting at Invenergy’s expense.

Stacy Slekis echoed Trinque’s remarks, telling Niland, who remained silent on stage throughout the night, “Very well played on your mis-advertisement. We clearly are smart enough to know that this was not a mistake, but rather a carefully orchestrated tactic and an unethical business practice.”

Niland and Invenergy did not reply to a request for a comment on this.

On Facebook, Kimberly Breault Sheeley, who works for the Bargain Buyer as a graphic designer, wrote, “…the bargain buyer did not typeset that ad… they did the ad themselves …so don’t blame us…”

This isn’t the first time Invenergy has allegedly messed up the process of notifying the public about meetings. Residents pointed to two other times when email invitations to meetings were either not sent to all residents or sent after the date of the meeting has come and gone.

[I will have more on the EFSB hearing later today.]

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Legislative leaders agree to restore Ethics Commission oversight


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RI State House 5After a seven year dearth, it looks like a little bit of ethical oversight may be returning to the General Assembly. Thanks to a bill sponsored by House Speaker Nick Mattiello, Rhode Islanders could vote to restore the Ethics Commission’s ability to review legislators’ actions this November.

“The public and the business community need to have trust in their government,” Speaker Mattiello said in a news release. “I believe giving the Ethics Commission jurisdiction over the General Assembly is a strong step forward for Rhode Island.”

Mattiello’s bill is a weaker version of the rules concerning Ethics Commission review of legislator conflicts of interest and other issues that the state Supreme Court effectively suspended seven years ago. It would suspend the oversight for five months before an election.

The state Supreme Court ruled seven years ago that legislators should not be held liable for actions that don’t violate the law, including conflicts of interest. The court used the “speech-in-debate” clause that had traditionally been used to shield lawmakers from civil suit.

North Kingstown state Senator Jim Sheehan, a Bernie Sanders supporter, has been leading a one-man crusade for ethics reform over the General Assembly this year. He took the somewhat unprecedented action of buying advertising on local media (including this site) to call attention to the matter.

“While far from perfect, the House amendment represents a reasonable compromise on the ethics reform issue,” Sheehan said. “Most critically, it finally closes the ‘legislators loophole,’ after a seven year hiatus, by restoring the jurisdiction of the Ethics Commission over the General Assembly. If approved and ratified by voters, I hope this measure will help rebuild the people’s trust in their elected state representatives and senators. In light of recent revelations of scandal at the State House, albeit overdue, this reform could not have come any sooner. After six year of working diligently on ethics reform, I am gratified to see a successful outcome to this issue.”

Senate President Teresa Paiva Weed, who joined Mattiello at a news conference yesterday, said, “I hope this is the final piece of the puzzle in terms of restoring confidence and trust in an institution which seeks to serve the people of the state of Rhode Island.”

Other state leaders called it one step in restoring Rhode Islanders’ faith in their government. “This legislation, along with my proposed lobby reform legislation, are historic steps toward restoring Rhode Islanders confidence in their government,” said Secretary of State Nellie Gorbea.

Said Governor Gina Raimondo, “Rhode Islanders deserve better – we need to embrace broad and deep reforms. By restoring Ethics Commission oversight, adopting a line-item veto, and re-examining grant programs, we can send a strong signal that we are committed to making Rhode Island a good place to do business.”

John Marion, executive director of Common Cause RI, who has long championed returning Ethics Commission oversight of the General Assembly said he supports the bill with some qualifications.

“Common Cause is supportive of the Speaker’s proposal to restore the full jurisdiction of the Ethics Commission over members of the General Assembly,” he said. “Our support is qualified on our need to examine the proposal further given that it was only made public today. Additionally, we believe that the moratorium on ethics complaints before an election belongs in law, not in the constitution. It has been seven years since a Rhode Island Supreme Court decision created this loophole in ethics oversight. It’s high time the voters be given a chance to close it by amending our constitution this November.”

Legislative leaders changed their minds on addressing legislators’ immunity from oversight by the Ethics Commission after former House Finance Committee Chairman Ray Gallison resigned amid a law enforcement probe last week. It’s unclear why the FBI and state police are investigating Gallison, but media reports since his resignation have shined a light on a non-profit that he works for. It received significant state funding and board members had little idea of the organization’s work and even their roles, which surprised some listed as board members.

“It is unfortunate, but true, that scandals help advance necessary reforms,” Marion told the Providence Journal.