Young Dems endorse Susan Donovan for Rep Gallison’s vacant seat


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susan-donovan (1)
Susan Donovan

YDRI is proud to announce our endorsement of Susan Donovan in the democratic primary for House District 69, Bristol/Portsmouth. While it is rare for YDRI to make an endorsement this early, we felt in Susan’s case it was warranted. In our conversations with Susan, it became immediately clear that she was both an exceptional candidate and would make an equally exceptional representative.

At YDRI we hold ourselves accountable to three goals. One getting young Rhode Islanders involved in politics. Two getting young Rhode Islanders elected to office. Three pushing policies that help young people not only stay, but thrive in our state. It was in the final regard that Susan stood out. From her 33 years as an public school educator, Susan demonstrated a strong understanding of our public education system and both it’s strengths and weaknesses.

She made it clear that providing a quality education and working to make college affordable for all would be among her top priorities. We at YDRI believe a knowledgeable voice dedicated to education is desperately needed at the State House and we believe Susan will be a strong advocate not only for her district but for young Rhode Islanders everywhere.

YDRI wholeheartedly endorses Susan Donovan for the Democratic Primary in HD 69, Bristol/Portsmouth.

Keable’s Burrillville power plant bill passes out of House committee


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Art HandyRepresentative Cale Keable‘s bill to change the make-up of the Energy Facilities Siting Board and give the voters of Burrillville the ability to vote on any tax treaties their town council may enter to with companies interested in building a power plant in their town passed out of committee today on an 11 to 2 vote. Only Representatives Ray Hull and Michael Marcello voted against the bill, heard in the House Committee on Environment and Natural Resources, chaired by Representative Art Handy.

The bill now moves to a full House vote, possibly as early as Thursday.

Rep Marcello was one of two representatives to attend the Northern Rhode Island Chamber of Commerce’s Eggs & Issues Breakfast Thursday morning where Invenergy‘s director of development John Niland was the guest speaker.

The bill, if it becomes law, will allow voters in Burrillville the ability to check the power of their Town Council, which has the authority to set the rate of taxes to be paid by Invenergy, which has proposed a fracked gas and diesel oil burning power plant for that town.

The bill, H8240a, is a modified from the version heard in committee last week. The main change is that the number of EFSB members is to be seven, not nine as originally proposed. The original bill included the chairperson of the Commerce Corporation and the director of the RI League of Cities and Towns as board members. These have been removed.

The original bill scheduled the vote on the tax agreement during the next general election. The new bill allows for special elections, to be paid for at the applicant’s expense. Near the end of the bill a section was added, at the behest of National Grid, that would exempt any transmission line project that was filed with the Energy Facility Siting Board prior to June 1, 2016.

The bill now heads to the House for a full vote by the chamber.

Meanwhile, the fate of the Senate bill, S3037, which has been referred to Senate Judiciary, is unknown. The bill awaits being heard in committee and time is running out in this session to pass the bill. The bill was introduced by Senator Paul Fogarty.

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Avon Theater owner Richard Dulgarian on Thayer Street parking meters


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Parking meter avonIf you have been up to Thayer Street within the past few months you probably have noticed a series of new parking meters being installed on the roadway. These new meters are part of an effort to raise monies for the city that have been wildly unpopular.

There are several issues that are coming up for patrons as they try to visit the stores. First, the meter system has proven to be confusing and not as user-friendly as hoped. Second, the maximum time limit for parking is in fact far too short for anyone who wants to go out to eat at Andrea’s Restaurant, have a few drinks at the bars, or see a movie at the Avon.

And that in turn leads to the third problem. The meters, which were billed by the city as a way to bring in more customers, are in reality chasing away business. Storefronts have been vacated and left that way for spans of time that have not been seen before. Grosses are down for businesses. One of the longest-lasting Providence shopping centers in its history which has brought in a consistent line of high-spending clientele is effectively being given a slow and painful death sentence.

Richard Dulgarian is the owner of several properties on College Hill and the Avon Theater with his brother Kenny. His family has been doing business on the street for decades and has started this petition online calling for the removal of the parking meters. He sat down for an interview with me and explained his consternation.

“First they did one street, then another street, then they came up with parking pay stations. It’s happening over the last year, I think, and every time one section goes in, it was affecting my business, it would go down a little bit. You know, it’s like peeling off a band-aid one little bit at a time, you keep thinking that was the last tug,” he says.

“It doesn’t make it pleasant. Next time you’re thinking of coming here, he’s going to remember parking meters didn’t work, he had to find a merchant to help him out, and he’s going to go somewhere else. These things are not friendly and our business has gone down. Not just ours, other businesses on the street, they’re all reporting their grosses are off up to 40%, some more, and how can you sustain that? We’re seeing vacancies like we’ve never seen before. I’ve been on the street forty years and, I’m not saying a business never went out of business, but within a couple of days something took its place. Now we’ve got eleven empty storefronts, last time I checked, and no one is coming in.”

“This administration has destroyed in a year what it took 50-70 years to build up!”

If you like my reporting,please consider contributing to my Patreon!
If you like my reporting,please consider contributing to my Patreon!

Video: House testimony on Keable’s power plant bill


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The testimony on Cale Keable’s bill, H8240, which if passed will give voters in Burrillville the ability to approve or reject any tax treaty with potential power plants in their town, pitted town residents and environmental activists against business and labor concerns. In all 56 people testified on the bill during the five hours of testimony, 43 in favor and 13 in opposition.

Below is all the testimony, in order, separated by speaker.

01 Representative Cale Keable, who represents Burrillville, introduced the bill.

02 Jeremy Bailey, Burrillville resident

03 Lenette F. Boisselle, representing the Northern RI Chamber of Commerce, opposes the bill. Earlier in the day, Loiselle was at the Kirkbrae Country Club for the Northern RI Chamber of Commerce breakfest. At that event, all the questions for guest speaker John Niland, director of development for Invenergy, the company that wants to build the power plant in Burrillville, were submitted in writing. It was Boiselle who carefully sorted the questions, allowing Niland to only answer softball questions.

Boiselle took some tough questions regarding her opposition to the bill. The Chamber of Commerce, says Boiselle, “has a history of opposing any type of referendum… as a fundamental principle, the Chamber of Commerce believes that these types of issues are extremely complicated, that’s why we elect people to be in a position to be able to take the time to study the pros and the cons and determine whats in the best interest of whether it be the town or whether it be the state.”

Boiselle said that the Chamber has “no position on the power plant one way or another” and that if this bill is passed, whoever spends the most amount of money to advertise their positions will likely win.

The legislation, said Boiselle, in response to a question from Representative Michael Marcello, “could kill [a project] just by making it wait” until the next general election for the voters to decide.

Representative John Lombardi asked “what would be wrong with the town and the council having the last say in this. Is there a problem with that? You say you oppose that?”

Boiselle said that the time it takes to understand the pros and cons of complex issues is too great for voters. That’s why we elect representatives.

“I think its always good to engage the people,” said Lombardi.”It’s supposed to be a representative government, but sometimes it doesn’t end up that way. They don’t seak on the behalf of the people. I think this is a good process.”

“I’m just curious,” asked Representative Aaron Regunberg, “Money plays a big role in pretty much every election, do you think we shouldn’t have any elections?”

04 Jerry Elmer, senior attorney at the Conservation Law Foundation is strongly in favor of the bill.

05 Mike Ryan of National Grid opposes the bill, at least in part. They have no position on the part of the bill concerning voter approval of negotiated tax treaties.

06 Meg Kerr, of the Audubon Society, is for the bill.

07 Elizabeth Suever representing the Greater Providence Chamber of Commerce opposes the bill. She seems to think that granting more democracy to Burrillville might make other municipalities want more democracy as well, which may slow down growth. Of course, Suever never uses the word democracy, because that would make her argument sound anti-American.

08 Paul Bolduc is a Burrillville resident.

09 Greg Mancini – Build RI

10 Paul Beaudette – Environmental Council of RI

11 Michael Sabitoni -Building Trades Council

12 Lynn Clark

13 Scott Duhamel – Building Trades

14 Peter Nightingale – Fossil Free RI

15 Roy Coulombe – Building Trades

16 Adam Lupino – Laborers of NE

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18 Paul McDonald – Providence Central Labor Council

19 Paul Lefebvre

20 George Nee AFL-CIO

21 Jan Luby

22 Richard Sinapi – NE Mechanical Contractors Association

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Keable’s Burrillville power plant bill due for Tuesday vote


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Cale Keable

Rep Cale Keable‘s bill, H8240, which would give the voters in Burrillville the ability to approve or reject any tax treaty the town council negotiates with Invenergy concerning the proposed fracked gas and diesel oil burning power plant, is due for a vote Tuesday at the rise of the House. The bill was placed on the calendar late Friday afternoon.

The bill was heard in committee on Thursday, after a large rally attended by residents of Burrillville and environmentalists in favor of the bill. Business and labor interests oppose the bill. The building trades hoped to secure over 300 jobs with this project.

Senator Paul Fogarty has entered a companion bill in the Seante, S3037, which is currently awaiting a hearing in Senate Judiciary.

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Invenergy’s Niland pitches power plant at country club


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John Niland
John Niland

John Niland, Invenergy’s director of development, gave a short presentation and answered eight questions at the Northern Rhode Island Chamber of Commerce’s Eggs & Issues Breakfast  Thursday morning. The questions were submitted in writing and carefully vetted before being read to Niland. The event was sponsored by the Clear River Energy Center, so there was little expectation of any kind of robust give and take. Held at the exclusive Kirkbrae Country Club, it wasn’t the venue for tough questions.

In attendance at this breakfast was Woonsocket Mayor Lisa Baldelli-Hunt, and state representatives Michael Marcello and Brian Newberry.

Niland has been Invenergy’s front man for a proposed fracked gas and diesel oil burning power plant in Burrillville. His messaging is always very careful and measured. Still, over the course of his short talk, he did reveal some interesting nuggets of information.

DSC_1682The proposed power plant is dual fuel, so it can burn either gas or oil. Though gas is not a clean energy source, it is better than burning oil for the environment directly surrounding the plant. The circumstances under which oil will be burned, then, is of some importance. Niland said, “some people are saying we will be making an economic choice” as to which fuel to burn when. [In fact, I was the first to suggest this, back in January.]

Niland did not dispute this analysis, per se, but said instead that the last time oil and gas were at price parity was in 2014, and indicated that it would therefor not be a problem.

He seems to think that oil’s current price of around three and four times that of gas is a permanent condition, ignoring the possibility of the gas bubble bursting (as I pointed out here) or that oil will collapse in price due to competition from renewables.

Niland also said that entering the ISO Forward Capacity Auction “was a risk for [Invenergy].” As I pointed out here, Invenergy’s proposed plant’s performance in the Forward capacity Market demonstrates that the plant is not needed. The ISO, a market that determines future energy prices here in New England, bought some power from Invenergy, but all the power it bought is surplus.

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Lorraine Savard

Niland completely reverses this analysis. Committing to purchasing some of the power from the proposed plant, he says, is the ISO’s “way of saying,’we need this power.’”

Not quite.

As for the water that Invenergy hopes to draw from a MTBE contaminated well and clean before dumping it as wast water in the Clear River, Niland admits that his company can “probably” clean the water and that they are “currently working up a detailed design” for the water treatment. MTBE is responsible for the closing of wells in Burrillville and has been linked to a terrible cancer cluster.

During the question and answer period Niland seemed pleased that Rhode Island has an Energy Facility Siting Board. Many states lack such a board, and he seemed to like having to deal with a state level agency made to smooth the way for power plant projects.

As for noise levels for the standard operation of the plant, Niland called the 43 decibels currently on the books in Burrillville “somewhat restrictive” and said that his company will ask for a variance.

Some curious math was proposed by Niland, who said that the plant, if approved, will begin construction “around this time next year, (May 2017) and be completed in 30-36 months, opening in June 2019. Not to be a stickler, but that’s 25 months for construction. We know that rushing construction leads to problems, is that what we’re heading for here?

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Sound and fury over power plant at the Burrillville Town Council


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Burrillville Town Council
Burrillville Town Council

Wednesday night’s Burrillville Town Council meeting began on a cautionary note as Council President John Pacheco warned those in attendance against outbursts, threats or cursing. These meetings are recorded, said Pacheco. The last meeting went too far, said Pacheco, and anyone acting that way tonight will be asked to leave. “Keep it civil, please,” said Pacheco.

Pacheco also acknowledged a change of policy regarding public comment under the Open Meetings Act. At previous meetings the town council maintained that they were not allowed to respond to comments and that only items on the agenda were allowed during public comment. Tonight Pacheco agreed that neither of these conditions are required under the law. This meant that tonight’s meeting was much more robust with the town council now having to say that they don’t want to answer certain questions, rather than saying that they are unable to answer.

Residents of Burrillville are up in arms about Invenergy‘s proposed fracked gas and diesel-oil burning power plant planned for the town. The plant’s owners promise lower taxes but residents say it will bring noise and pollution, as well as destroy precious wildlife habitats. The town council has been slow to respond to resident concerns about the power plant, and many feel that Town Manager Michael Wood has been actively working to bring the plant to town, rather than working in the best interests of residents.

Civility was maintained, but the anger of town residents was clearly on display. It was revealed at this meeting that on Saturday a group of anti-Power Plant protesters were asked to leave the Farmer’s Market because of their signs, petitions and tee shirts. This directive, say residents, came from Town Manager Wood. When asked about this at the meeting, Wood said that he only told the police and Burrillville Farmers’ Market Association Market Manager Deb Yablonski to not allow signs, not petitions and shirts. Wood said there is a long standing rule against “politicking” at the farmer’s market.

(When RI Future called Wood’s office earlier in the day to discuss this, Wood was out of the office and did not return our call)

Barry Craig, a lawyer, asked that the Town Council “provide guidance to the town manager” on the First Amendment, including the right to free speech and assembly. Lauren Niedel, a resident of nearby Glocester, rose to object to the word “politicking” saying that opposition to the power plant is not a political campaign.

Burrillville resident Jan Luby rose to express her distrust of Town Manager Wood. “I don’t believe our Town Manager is with us on this,” said Luby, “You’ve lied to us and we’ve caught you in those lies.” Christopher Watson rose to say, “He does not like this town, he does not treat the people of this town with respect.”

It was Jeremy Bailey who brought the conversation about Michael Wood to a boil, calling the town manager “a cancerous tumor.” Noting that he has heard from many people that Town Manager Wood is a bully, Bailey told the people on the stage, which included the entire town council and legal counsel of the Burrillville, “I bet there are people on the stage right now who have been bullied by Wood.” Bailey asked that the town council pass a resolution removing Wood from power, buying out his contract if necessary.

The town council took no action on Wood’s contract.

Residents were also concerned that the evening’s “executive session” of the town council, where the public is not allowed to observe, was being called by Wood to fast track a tax agreement with Invenergy for the power plant, ahead of Representative Cale Keable‘s bill that would allow the voters of the town to approve or reject such a tax treaty. Though the executive meeting was called by Wood and did concern Invenergy, residents were assured that no such action would take place.

There were a multitude of interconnecting issues discussed at the town council meeting concerning both the power plant proposed by Invenergy and the LNG compressor station upgrade proposed by Spectra. The compressor station emits a constant noise, which occasionally becomes extremely loud. Loud enough that some residents receive notifications ahead of “blow offs.” Residents fear that the new power plant will add to the noise once constructed, never mind the noise from trucks delivering materials to the build site and the sounds of construction.

Kathy Sherman said that Spectra, in their own materials, acknowledges that they are above the town mandated limit of 55 decibels. During a blow off, where LNG is literally released into the atmosphere to relive pressure in the pipeline, the sound is great enough that Sherman feels it would have given her husband a heart attack if he wasn’t given ample warning. Blow off, said resident Stephanie Sloman, emits 45 thousand tons of LNG a year from that one compressor station in Burrillville.

Spectra plans to build a bigger (and presumably larger) compressor station there soon.

Nicholas Cook gave a demonstration of the noise levels heard by residents. The low tone generated by Cook is not heard well on the recording below, but the sound immediately annoyed town solicitor Oleg Nikolyszyn, who asked that the sound be turned off almost immediately. Imagine that sound lasting from 10pm to 4am, almost every night, said resident Kathy Sherman, who lives 2050 feet from the compressor station.

You can watch Nick Cook’s noise demonstration, and all the rest of the Burrillville Town Council meeting, at least those parts concerning the power plant, below.

Burrillville

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Rally against Invenergy’s power plant at the State House, today at 3pm


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2016-01-04 Raimondo FANG BASE 07The battle over Invenergy‘s planned fracked gas and diesel oil burning energy plant for Burrillville reaches a fever pitch at the State House this afternoon, starting at 3pm as hundreds of Burrillvile residents hold a rally in the main rotunda announcing their opposition. This is ahead of Burrillville Representative Cale Keable‘s hearing for his bill, H8240 which would give the voters in Burrillvile the ability to approve or reject any tax treaty the town council negotiates with Invenergy.

The bill will be heard in the House Committee on Environment and Natural Resources in the House Lounge at the rise (4:30- 5pm) and testimony is expected to be taken for hours. The committee is chaired by Rep Art Handy, a climate champion in our state. Keable’s bill is the only bill under discussion by the committee this evening. You can read about the particulars of the bill here.

Governor Gina Raimondo and House Speaker Nicholas Mattiello, who have supported this plant from the beginning, will certainly be taking notice of not only the number of people who show up at this hearing from Burrillville, but how many people from around the state show up in support of this bill and against the power plant. Other legislators may need some help understanding why they should support this bill and oppose the plant, so think about contacting them.

Below you will find a wealth of pieces on this very important topic.

Federal judge orders end to “Prison Gerrymandering” in Cranston school and city council districts


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aclu logoIn a precedent-setting ruling, U.S. District Judge Ronald Lagueux issued a decision today holding that the City of Cranston violated the one person, one vote requirements of the U.S. Constitution when it allocated the entire incarcerated population of the Adult Correctional Institutions (ACI) as “residents” of one ward of the City when it drew district lines for the City Council and School Committee following the 2010 Census.  The ruling allows the City 30 days to present the Court with a new redistricting plan meeting constitutional requirements.

Today’s ruling, just the second of its kind in the nation, concluded that the City artificially inflated the population count of Ward 6, where the ACI is located, by treating all incarcerated persons as “residents” of the prison for redistricting purposes. Doing so, said the court, violates the rights of persons residing in other wards to equal representation as required by the Equal Protection Clause of the Constitution.

“I’m thrilled that our fight for equal representation has been successful,” said Karen Davidson, lead plaintiff.  “Fairness in redistricting is a fundamental right and I’m glad that the court has vindicated our claims.”

At issue in the case was the City of Cranston’s choice to count the more than three thousand inmates at the ACI in a single city ward for the purposes of drawing City Council and School Committee districts.  Plaintiffs argued this “prison gerrymandering” was improper because those incarcerated at the ACI are not true constituents of local elected officials, but instead remain residents of their pre-incarceration communities for virtually all legal purposes, including voting.

Judge Lagueux agreed with the plaintiffs’ claims, stating that “the ACI’s inmates lack a ‘representational nexus’ with the Cranston City Council and School Committee.” He noted that “Cranston’s elected officials do not campaign or endeavor to represent their ACI constituents,” and pointed out that that the majority of incarcerated persons cannot vote, and those who can are required by law to vote by absentee ballot from their pre-incarceration address.

Due to the questionable counting, persons at the only state-run correctional facility in Rhode Island account for 25% of Ward 6’s total “population.” According to Census Bureau data, without the incarcerated population, Ward 6 has only 10,209 true constituents. Yet those constituents now wield the same political power as the roughly 13,500 constituents in each of the other wards.

Cranston residents Karen Davidson, Debbie Flitman, Eugene Perry, and Sylvia Weber joined the ACLU of Rhode Island as plaintiffs in the case. They were represented in federal court by Demos, the Prison Policy Initiative, the American Civil Liberties Union, and the ACLU of Rhode Island.

“This is a big win for democracy,” said Adam Lioz of Demos, counsel for the plaintiffs.  “Prison gerrymandering distorts representation and should no longer be tolerated.  This decision should pave the way for other courts to address this long-standing problem.”

“We applaud the court’s decision requiring the City to correct its prison gerrymandering problem without delay,” said Steven Brown, executive director of the ACLU of Rhode Island.  “It is time for Cranston to stop holding elections under a one-person, three-quarters of a vote regime.”

“Counting people at the ACI as constituents of Ward 6 officials made no sense,” said Aleks Kajstura of the Prison Policy Initiative.  “They can’t use the park or library, attend a City Council meeting, or send their kids to public schools.  And, even those who can vote must do so from their actual legal residence, not the prison location.”

“This ruling means that Cranston can no longer play games with our democracy by artificially inflating the political power of one district over another. People who are incarcerated should be counted as residents of the districts where they lived, not as so-called ‘residents’ of where they are involuntarily confined,” said Sean Young, staff attorney with the ACLU’s Voting Rights Project.

ACLU of RI volunteer attorney Lynette Labinger added: “The ACLU first urged the City to redraw its district lines four years ago in order to protect the rights of voters in the City’s five other wards. I am gratified that they should soon have their voices heard in equal measure with those in Ward 6.”

The case is Davidson et. al. v. City of Cranston.  Plaintiffs’ complaint can be found here and their response to Defendant’s motion to dismiss is here.  Judge Lagueux’s ruling is here.

[From a press release]

Burrillville flipping the script on proposed power plant


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2016-05-24 EFSB 01The people of Burrillville realize something about the the Energy Facilities Siting Board (EFSB), that Margaret Curran, who chairs the board, does not. During Monday night’s public comment meeting, held to decide the fate of of Invenergy’s proposed fracked gas and diesel oil burning power plant, Curran several times tried to stop the crowd from rising and cheering and clapping when someone from the public made a particularly smart or heartfelt point during their five minutes before the board. Other times Curran would attempt to cut speakers off, even as the crowd became agitated and yelled, “Let them speak!”

2016-05-23 EFSB 03“You’re taking time from other people by going over  your time limit,” Curran would say, but Curran didn’t seem to realize that the community of Burrillville is united. Everyone who rose in opposition to the power plant speaks not just for themselves, but for everyone.

Burrillville itself is speaking through its people, and the Town is saying “No.”

This became very clear when Jennifer Bailey rose, and respectfully requested that her time be give the RI State Senator Paul Fogarty. Fogarty and State Representative Cale Keable have been publicly against this power plant for some time. Last week Keable introduced legislation that would make the approval of the power plant much less likely. Fogarty will introduce the Senate version of the bill today.

As Fogarty approached the podium, the crowd rose in a standing ovation. Fogarty noted the large crowd in the auditorium and the large crowds at previous events as proof that the citizens overwhelmingly don’t want the power plant.

“In all my time as State Senator from Burrillville, I can honestly say I have never seen the citizens come out so strongly and so passionately against something as they have against this proposed power plant.”

Fogarty also noted that the decision to site the power plant in Burrillville falls to “three people who don’t have a stake here.”

“One is from Barrington, one from Providence, and a third person literally just parachuted in from Bridgeport,  Connecticut. Shaping the future of Burrillville should belong to the residents of Burrillville and no one else.” Parag Agrawal, the new Associate Director at the RI Division of Planning, and the third member of the EFSB, is from Bridgeport.

This earned Fogarty his second standing ovation. He received a third as he finished.

This is the second thing Margaret Curran doesn’t seem to understand about this phase of the proceedings that the residents of Burrillville have figured out. The EFSB comports itself as a quasi-judiciary body, carefully collecting and evaluating evidence, testimony and reports before rendering a final decision. Yet ever since Invenergy announced the plant with the strong and unwavering support of Governor Gina Raimondo, the building of the plant has appeared to be a done deal, and all the EFSB hearings have been seen as little more than political theater.

The residents of Burrillville, conscripted as actors in this this production, are changing the script even as the play is being performed. The production is going awry, and getting it back on course may prove to be impossible.

As Fogarty left the podium Curran noted that the next speaker, Jeremy Bailey, had spoken at previous meetings. “Didn’t you already speak?” she asked.

“I have a lot to say but I’m going to respectfully yield my time to our [State] Representative Cale Keable,” said Bailey.

Another standing ovation. Cable wore a green “No New Power Plant” shirt. Last week he introduced legislation in the General assembly that gave more power to the residents of Burrillville concerning any potential tax treaties their Town Council might negotiate with Invenergy. The legislation, if passed, would make the building of the power plant much less likely.

“We ask the board for one simple thing,” said Keable, “Please, let us alone.”

In all, 38 people spoke during the meeting. Five spoke in favor, 33 spoke in opposition.

David Esten spoke in favor.

John Scott brought up Flint MI., asking “What judge is going to authorize opening a poison well?”

“Governor Raimondo talks about tourism,” said Scott, “Our tourism is camp grounds.”

Ken Putnam Jr is about to be a great grandfather. He said, “I don’t talk like this. A lot of people can’t take the time out to come here. Kill this plant. We don’t need it.”

If Invenergy can’t get the date right for a flier, how are they to be counted on to build a power plant, asked Erin Olkowski.

Stephanie Sloman is an environmental engineer. She strongly believes in integrity. “I found a multitude of contradictions in Invenergy’s application… the plant will use natural gas as long as it is economically feasible. We know what this means… the plant wants to use 19 percent aqueous among a because at 20 it has to be monitored by the DEM.”

“When a monster comes into my house, I have to do everything in my power to slay it,” said Sloman, “my home is not just Burrillville, not just Rhode Island, or even the United States, my home is the world.”

Anita Bevans said Invenergy mislead the town when they said they would conform to local laws. In their application Invenergy said they would defer to state and federal laws.

Jaimie Tessier said that her morality was questioned at the first meeting when a union member said that she would sell out he home for money. Keeping her son, who has a medical condition that keeps him on a respirator full time, is her highest priority she says. “That’s where my morals are. Where are yours?”

“I voted for Gina Raimondo,” sais Frances DiPoiceglia noting they share a common heritage and upbringing, “but after a couple of years, I don’t think I’d vote for her again.”

“Fracking is not needed, and it’s not cool.” Says Frances DiPoisceglia. “We reject the Invenergy power plant.”

Judy Aubin said that she does her due diligence when she is on a board. “I know for a fact that you are over ruled by Gina Raimondo.”

Burrillville doesn’t need industry, said Aubin. The people live here because it lacks industry.

“These people wouldn’t mind a little raise in their taxes to avoid this power plant.”

“I am unaware of any environmental policies recommending the use of natural gas power plants,” said James Libby.

Terri Lacey asked how an area can go from environmentally spectacular and beneficial, as mentioned in a piece by RIDEM’s Janet Coit, to suitable for a polluting power plant.

Earl McWilliams believes that Invenergy has a series of plan B’s in mind for their power plant. He read the application to mean that Invenergy is not responsible for properly cleaning the MTBE water. Once built, if Invenergy needs more water, he sees the company tapping Wall Lake.

Brian Sclofield has a 4 year old daughter and 1 year old son and refuses to take on significant health risk to his children from the proposed plant. If the plant is built it’s not a matter of if, but when he will move.

Lawyer Barry Craig said Invenergy not assuming liability for the MTBE well when opened is grounds for dismissing the application.

“There isn’t a pipeline in this world that doesn’t leak,” said Craig, “We need eco-terrorism insurance in place… There is plenty of clean energy supply out there. There is no immediate need for this plant.”

Christopher Aubin recalled that Invenergy’s Director of Development John Niland said that last year was so mild he wouldn’t have needed to use oil. But diesel fuel breaks down. There’s no way it wouldn’t be burned. “You’re lying!” said Aubin.

“Big companies don’t care about the small people,” said Aubin, “Once you get this plant hooked up, John Niland, what’s your bonus?”

Kevin Frenette wanted to know if the EFSB can help people who are being impacted by these big energy projects. He managed to get Janet Coit to respond, but she still wouldn’t address his concerns.

“So we just get to tell you how we feel and that’s it?”

Meg Curran responded, by saying she can’t respond.

“Your time is up,” says Curran.

The crowd boos.

Leigh Gilbert is in favor of the plant and that said the town needs money, so the town needs the power plant. The crowd tells him to sit down.

Roy Colombe is for the project.

Greg Mancini, a lawyer for the Building Trades, said that many members won’t speak tonight because of the hostile environment created by the opposition. He mentioned the First Amendment and a chilling effect.

Andrew Hessler, 17 years old, said Gina Raimondo is all about fracked gas since Goldman Sachs wrote her a big check. She used to be for renewables. An impressive testimony.

Governor Raimondo, “has a chance to be on the right side of this issue,” said Burrillville resident and Teamster Ron Lizotte.

“My son was affected by MTBE I’m the water,” said Norman Desjarlais, “my grandson is on chemotherapy, which doctors have linked to gas additives.”

Paul Lander of the RI Carpenters Union is for this project, but he was very impressed with the Burrillville resident’s knowledge and passion. He says that we need to hold Invenergy’s feet to the fire.

Stacy Slekis objected to the power plant. She brought a picture from her daughter, asking the EFSB not to “mess up” our town.

Stacy SlekisDon Allen said if you could pick the worst place to place a power plant based on prevailing winds, Burrillville would be the worst.

“We’re vetting this Governor after the fact,” said Allen, “she has an agenda.”

Lisa Petrie, arrested at the State House protesting the Invenergy power plant, says the goals of the Resilient RI Act van’t be met if this power plant is built.

“We need dramatic cuts in our greenhouse gas emissions starting now, not ten years from now. Now,” said Petrie.

“Prisons create jobs. Wars create jobs,” said Lisa Petrie, “but we can create more jobs through renewable energy.”

“There is no such thing as a clean fossil fuel power plant,” said Mike Lamoureux, “You can tell by all the permits needed to build one.”

Chair Curran asked Paul A. Roselli not to speak, since he had spoken at a previous meeting. “If I had been told that before hand,” said Roselli, “I wouldn’t have put my name on the list. But since I wasn’t, I’d like to speak.”

Cynthia Crook-Pick wanted to speak plainly to the EFSB. The fact this board is the only body that can make this decision is against the principles of democracy and all that this country stands for, she said.

Debbie Krieg told of the battle to close the MTBE well, and worries that “this monster” will be unleashed when Invenergy uses the well water to cool the plant. There has been no site every cleaned up as Invenergy claims it can do.

New to this area, Ewa Roselli says she is really impressed with this community and she is eager to make friends. She asked Invenrgy, “Do you hate us? Why are you wanting to hurt us? How many people here would protest solar?”

“Nobody!” says the crowd.

Deborah Yablonski is from NYC but she’s a Burrillville farmer now. She raises chickens and goats. “I became a steward of the land.”

Thomas Trimble has a map that shows a nature corridor that runs from Canada to Burrillville. The power plant is right in the middle of this corridor.

Lynn Clark said the plant is being proposed for the heart of Burrillville’s forested area. It will have a “direct, negative impact.”

Justin Kelley, from the Painter’s Union, is a friend of mine. He supports this plant. “I’m the guy who looks in the workers eyes when they can’t pay their bills or are evicted from their homes.”

Donald Champiany read Invenergy CEO’S own words against him. Brilliant.

2016-05-23 EFSB 04Patreon

CLF’s Jerry Elmer: Keable Bill is ‘excellent’ for power plant opponents


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2016-03-31 Burrillville EFSB 002The bill Representative Cale Keable introduced to the RI House that seeks to overhaul Rhode Island General Law 44-4-30 by giving the residents of Burrillville more power over whether or not Invenergy‘s proposed fracked gas and diesel oil burning power plant gets built in their town has been reviewed by Conservation Law Foundation (CLF) Senior Attorney Jerry Elmer, and his verdict is clear: “Despite its imperfections,” says Elmer, “the Keable Bill is an excellent bill that ought to be supported by enviros, because – for the two separate reasons outlined above — it makes it much less likely that the Invenergy plant will be built.”

You can read House Bill 8240 here.

Elmer’s analysis is worth reading in its entirety:

Main Point of the Bill – The main point of the bill appears on page 4.  Under existing law (RIGL 44-4-30) the Burrillville Town Council has the power to set the property tax rate for Invenergy at any level it wants.  Thus, under existing law, the Town Council could give Invenergy a sweetheart deal by charging one dollar per decade; or the Town Council could drive Invenergy out of Burrillville by charging a million dollars per nano-second.  The Keable bill changes this by adding the requirement that, whatever the Town Council does, that arrangement must be approved by the voters of Burrillville in a voter referendum.  This is a very, very good thing because it makes it much less likely that the plant will be built.  In fact, this is true for two separate reasons:

First, many people have been worried that the Burrillville Town Council will make a secret sweetheart deal with Invenergy, and that the people of Burrillville will be cut out of the process.  People have been very worried about this, because the people of Burrillville are overwhelmingly opposed to the Invenergy proposal, but the Town Council seems (much) more favorably inclined toward Invenergy.  If passed, this law would make it impossible for the Town Council to cut the people of Burrillville out of the process.  Any deal the Town Council makes with Invenergy would have to be approved by the voters; and the voters could vote down any tax treaty with Invenergy that does not ensure, with 100% certainty, that the plant is not built.

Second, even the presence of this law on the books creates uncertainty for Invenergy – at least until a tax treaty is negotiated and approved by public referendum.  This uncertainty will probably make it more difficult (and maybe impossible) for Invenergy to obtain the necessary funding (loans) to start construction.  After all, what lender would put up hundreds of millions of dollars knowing that the Town could tax Invenergy out of existence?  Importantly, in a situation like this, delay (“mere delay”) can actually kill the project.  As CLF argued at the [Energy Facilities Siting Board] EFSB, Invenergy made the election to obtain a Capacity Supply Obligation (CSO) in the ISO’s Forward Capacity Auction (FCA) on February 8, 2016, before Invenergy had the necessary state permits.  That CSO begins on June 1, 2019, and it comes with huge financial penalties if Invenergy is not up and running by that time.  If Invenergy is delayed in starting construction by even 12 months, Invenergy may be forced to sell out of its CSO (in an effort to avoid penalties) and abandon this project.

Note, importantly, that what I say in that last paragraph is true even if the EFSB grants Invenergy a permit!  In other words, if passed, the Keable bill provides a separate and independent way of stopping Invenergy, a way that works even if CLF’s litigation against Invenergy in the EFSB fails.

In this sense, the Keable bill is clearly good for democracy.  Up until now, many people have feared that the Town Council would secretly cut a sweetheart deal with Invenergy, despite overwhelming citizen opposition within the Town.  If passed, the Keable bill would make that impossible.

Changing the Make-Up of the EFSB – The Keable bill would also change the make-up of the EFSB by expanding the EFSB from three to nine members.  (Bill, page 1, lines 7 to 14)  Currently two of the three members of the EFSB sit at the pleasure of the Governor (and this provision in the Keable Bill is probably intended to change that status quo).  I am skeptical about how useful this provision would be, even leaving aside the unwieldiness of a nine-member EFSB.  Note that two EFSB members now sit at the pleasure of the Governor.  One of the proposed new members under the Keable Bill is the chairperson of the Commerce Corporation, who also sits at the pleasure of the Governor.  Of the three “public members” to be added, the union representative will reliably support all new power plant construction, and the person “experienced in energy issues” may very well also reliably support new power plants.  That would be five members of a nine-member EFSB that would reliably support new power plants.  While well-intentioned, this provision is probably not a good way to stop the Invenergy proposal, or to constitute a better EFSB.

Considering a Town Council Resolution – The Keable bill contains this sentence (page 3, lines 18-19):  “Prior to making a decision, the board [EFSB] shall take into consideration any town or city council resolution regarding the application.”  This is toothless – for two reasons.  First, “take into consideration” means “think about” but not necessarily respect or act upon.  Second, as we know in  this case, the Town Council is much more favorable toward Invenergy than the people of the Town.

Nevertheless, I want to be clear:  Despite its imperfections, the Keable Bill is an excellent bill that ought to be supported by enviros, because – for the two separate reasons outlined above — it makes it much less likely that the Invenergy plant will be built.

What are the chances of passage? – Of course, the honest answer is, “I don’t know.”  On the one hand, in order to have been introduced this late in the General Assembly session (three months after the filing deadline for new bills), the bill must have some support from leadership.  On the other hand, if passed, this bill would go a long way to un-doing the whole purpose, the raison d’etre, of the state’s Energy Facility Siting Act that created the EFSB.  That statute was designed to take the power to stop a proposal like Invenergy’s out of the hands of the local people (who could be motivated by base NIMBYism) and put it into the hands of the EFSB.  This bill (not so much the change in EFSB membership, but the tax treaty referendum requirement) goes a long way to un-doing that purpose.  Also, there is, as of yet, no Senate-side analogue of the Keable Bill in the House.  Also, remember this:  Governor Raimondo is a huge supporter of the Invenergy proposal going forward (because of the job-creation aspects).  Even if the bill passes the General Assembly, Gov. Raimondo could still veto the bill – especially if her analysis of the bill’s real-world effects jibes with my own.  My analysis is that, if passed, the bill would make it much less likely that the Invenergy plant will ever be built.  If Gov. Raimondo agrees with me, she might veto the bill for that very reason.

Hearing on Thursday – Although not yet posted on the General Assembly website, Rep. Keable believes that his bill will be heard this Thursday in the House Environment Committee, at the Rise of the House (some time after 4 PM).

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Keable, Fogarty propose changes to power plant approval rules in Burrillville


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BurrillvilleAfter a meeting with Governor Gina Raimondo, Rep. Cale Keable and Sen. Paul Fogarty introduced legislation that would give residents in Burrillville the ability to vote on “any tax agreement negotiated between the Burrillville Town Council and the developers of a proposed power plant in town be subject to voter approval.” Keable and Fogarty represent voters in Burrillville.

On Facebook, Keable described Raimondo as “gracious.” According to Keable, “We re-iterated the points in our letter to the [Energy Facilities] Siting Board (EFSB) and asked her to use the power of her office to stop the power plant. She listened to each of our concerns and stated that she is currently planning a meeting in Burrillville to hear directly from the people. She asked good questions about our concerns and showed an understanding of the issues. I came away from the meeting believing that she has real concerns about this project’s impact on water, children and the environment.”

Keable and Fogarty also gave the Governor a pile of emails, petitions and correspondence from Burrillville residents opposed to the power plant, as well as a bumper sticker, tee shirt and a lawn sign. (see picture)

In addition to allowing Burrillville residents the ability to vote on tax treaties negotiated by the Town Council, the legislation also makes changes to the EFSB. The number of seats on the board would be increased from three to nine members, including the chairperson of the Commerce Corporation (the state’s economic development agency), the general manager of the state Water Resources Board, the director of the Rhode Island League of Cities and Towns, and three members of the public.

In addition, of the three members of the public, “one must be experienced in environmental issues, one in energy issues and one in labor issues,” and “None must have received a significant portion of their income in the previous two years from the developer of an energy facility or an electric, gas or oil company.”

A final feature of the bill mandates that the EFSB must take into consideration “any resolution regarding” applications for new power plants.

You can read the full press release here:

Rep. Cale P. Keable and Sen. Paul W. Fogarty are introducing legislation to require that any tax agreement negotiated between the Burrillville Town Council and the developers of a proposed power plant in town be subject to voter approval.

The legislation, which emanates from Invenergy’s pending proposal to build a 1000-megawatt, fracked gas power plant in Pascoag, was introduced in response to the frustration expressed by residents and elected officials of Burrillville and across the state regarding their lack of input into the approval process.

“The people of Burrillville are the ones who will lose our unspoiled woods and instead get pollution, risk to our water supply, traffic and noise. We deserve a say in the matter, and this is one way to provide it,” said Representative Keable (D-Dist. 47, Burrillville, Glocester).

The legislation, which was introduced in the House today and is expected to be introduced in the Senate next week, would alter an existing state law that applies only to Burrillville and was enacted in 1987 to allow the town to negotiate a tax treaty with Ocean State Power, the 560-MW power plant in Burrillville that began operating in 1990.

Representative Keable’s and Senator Fogarty’s legislation adds a clause to the law that would subject any such tax agreement to a binding referendum of town voters. If that referendum can’t be held at the same time as a regular election, the entity proposing the plant would be required to pay the town’s costs of holding it.

“The people of our districts have spoken loud and clear. However, under current law, all they can do is ask for consideration from those who get to make the decision. That’s not right, and we intend to do something about it,” said Senator Fogarty (D-Dist. 23, Glocester, Burrillville, North Smithfield). “Every single voter in Burrillville deserves the opportunity to have a real say in whether they are going to host another power plant.”

The legislation also adds to the membership of the Energy Facilities Siting Board, currently a three-member panel that includes the chairperson of the Public Utilities Commission, the director of the Department of Environmental Management and the state associate director of administration for planning. The bill adds six new members: the chairperson of the Commerce Corporation (the state’s economic development agency), the general manager of the state Water Resources Board, the director of the Rhode Island League of Cities and Towns, and three members of the public. Of the members of the public, one must be experienced in environmental issues, one in energy issues and one in labor issues. None must have received a significant portion of their income in the previous two years from the developer of an energy facility or an electric, gas or oil company. The sponsors say the change would add diverse viewpoints to the board so decisions about power plant locations are made with careful consideration toward the environment and natural resources, the state’s business development strategies, the needs of cities and towns and the opinions of residents.

The bill also adds a requirement that prior to issuing any decision on an application for a power plant, the EFSB must take into consideration any resolution regarding it.

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Senator Conley suing to prevent Memorial Hospital closure


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Chris Callaci, Rep David Coughlin, Sen William Conley

“As we speak the defendants in that lawsuit are being served,” said Senator William Conley, who serves Pawtucket and East Providence. “The cities of Pawtucket and Central Falls have Filed a lawsuit against Care New England, The RI Department of Health and the Attorney General’s Office. Through that lawsuit we’re asking the court to enjoin the dismantling of Memorial Hospital and make sure that those services continue while we go through this process of restructuring South Coast.”

Care New England, which manages Memorial Hospital in Pawtucket,  announced the closing on March 2. Since then there have been public hearings and rallies, but the plan to close the hospital seems to be continuing. Over 200 jobs are threatened. Conley is working pro bono as the lawyer on the case, and his work will compliment rather than complicate the legal work of Attorney Chris Callaci, who is representing the nurses union, UNAP 5082 in their efforts to keep Memorial open.

“When Memorial was licensed,” said Senator Conley, “a determination was made that this hospital was providing vital medical services to a core service area with higher social deprivation demographics than any other place in the state of Rhode island.

“That alone should be enough to tell us that you can’t relocate those services to Kent County.”

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More confusion, not clarity, from the Burrillville Town Council


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John Pacheco
Council President John Pacheco III

At the second “special meeting” of the Burrillville Town Council, held as a semi-official “workshop” to allow discussion of various aspects of Invenergy‘s plan to build a fracked gas and diesel oil burning electrical plant in the town, the agenda, entitled “Hour on Power II” claimed that the “fundamentals of municipal tax agreements” would be discussed. Potential tax agreements with Invenergy are a very contentious issue, because under state law, as explained by Conservation Law Foundation Senior Attorney Jerry Elmer, Burillville has the right to set the property taxes on the plant at any level it chooses, yet Town Solicitor Oleg Nikolyszyn, it seems, disagrees, maintaining that the Town must negotiate a fair tax treaty with Invenergy.

Expecting that there would be expert legal advice on offer, many residents made the trip to this special meeting, only to find that there were no lawyers or expert advice on offer. Instead, the Town Council introduced Dr. Robin Muksian, a resident of Burrillville who currently serves as executive director of operations for the Providence School Department. She holds a Ph.D. in rhetoric and composition. Speaking as someone with some experience in negotiating deals between the state and private citizens, (she claims to have once lost a strip of land to the state in some kind of imminent domain situation) Muksian said that under state law, the town “must” negotiate with Invenergy, they can’t just set the tax at what ever rate they wish. Jerry Elmer explained otherwise, quite clearly, here.

Muksian misquoted the statute, advancing the idea that under state law 44-3-30, Burrillville “must negotiate” with Invenergy for a fair tax treaty, when the law actually states that town may “determine, by ordinance or resolution, an amount of taxes to be paid each year”. The plain text of the law does not contain the word negotiate, and if other laws on the books do contain such a provision, it does not matter, because 44-3-30 starts with the words, “Notwithstanding any other provisions of the general laws to the contrary,” meaning that 44-3-30 supersedes any other laws governing such negotiations.

Muksian also admitted to coming to the power plant issue late, and that she hadn’t attended any of the Energy Facility Siting Board (EFSB) meetings held in the town so far. This might explain why she thought that residents could bring questions to the EFSB, instead of just comments. The EFSB does not respond to residents at these meetings, yet Muksian said that questions should be brought to the EFSB at these meetings.

Under questioning from Burrillville resident Paul Lefebvre, Muksian at first dodged the question of whether or not she opposed the building of the new power plant. It took Lefebvre several questions before Muksian reluctantly said that she opposes the plant. For some reason she seemed at first to strike a more neutral position.

Most of Muksian’s talk is in the first half hour of the video below. Note that the meeting took place in Burrillville’s beautiful Assembly Theater, which was dark and not kind to video or photography. The Town Council is on the stage, well lit. The rest of those in attendance, not so much.

Many in attendance were asking themselves why Muksian was given so much time to expound on legal issues she was clearly not qualified to speak about. She constantly prefaced her comments by saying that she was “speaking as a resident of Burrillville” and that she wasn’t a lawyer. That raised an important question for the Town Council that went unanswered: Why Muksian and not any other non-lawyer resident of Burrillville?

After the meeting a resident told me that there is a rumor that Muksian is being considered for the position of Town Manager. Michael Wood, the current Town Manager, was not in attendance at the meeting, and Council President John Pacheco, from the stage, made a pointed comment about Wood’s contract being up for renewal in February of 2017. During the meeting, when a resident suggested that Michael Wood be fired, there was a standing ovation.

Wood has alienated many in the town with what one resident characterized as his “imperious” attitude. Further, in the April 23 Burrillville Bugle, delivered to every resident’s mailbox every month, Wood made comments that seemed to indicate his support for the new power plant and disregarded the environmental and health concerns of residents. For instance, he said, “the negative effects of the existing power plant, Ocean State, is not “anything to be overly concerned about.” Many feel that the over all tenor of his comments in the Bugle indicate that he supports building the plant.

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Town Councillor Kimberly Brissette-Brown

As a result, the residents of Burrillville distrust Wood’s judgement when it comes to the hiring of experts to review the proposed plant’s impact on health, environment, wildlife, water quality, noise etc. They also distrust his ability to negotiate with Invenergy wisely, with the best interests of the town in mind.

A breath of fresh air came to the meeting about 82 minutes into it. Barry Craig, an actual lawyer (though not one licensed to practice law in Rhode Island) and a Burrillville resident, rose to call out the Town Council and Town Solicitor Oleg Nikolyszyn on what he termed their timidity in dealing with Invenergy.

Craig attended the first EFSB meeting in Burrillville. He thought, “it was very poorly managed.” He called the set up of the meeting, with the applicants (Invenergy’s Director of Development John Niland and his lawyers) on stage and the residents of Burrillville below them in the seats of the auditorium was “an insult.”

Craig said that to defeat this plant, the residents of Burrillville, through their Town Council, must “vigorously oppose” the plant. Craig came to the special town council meeting last night because he read the legal opinions of Town Solicitor Nikolyszyn, made in response to questions posed by residents. “At best,” said Craig, “I read these responses as being timid, at worst I read these responses as responses that discourage action rather than encourage action.”

For instance, the proper answer to the question, “Can the town council find new solutions to prevent locating the power plant in Burrillville?” isn’t to note that the EFSB has enormous power, the answer, says Craig, is, “Can we find creative ways of dealing with this issue? … Anything that delays this project makes it less likely… Companies like this work on a time schedule. If they can’t get a project done within a particular time frame they move onto the next project.”

One thing that became very clear in last night’s Burrillville Town council meeting is that discussing complex legal issues without lawyers present is a waste of time. Perhaps Muksian’s appearance was an audition for a future job, perhaps she’s just a citizen who waded into waters over her head, but her advice and commentary were worse than a waste of time: They spread dangerous misinformation, misinformation that will weaken the Town’s resolve and ability to fight Invenergy’s plans for the town.

Burrillville doesn’t need more bullshit. Burrillville needs courageous leadership ready to fight Invenergy with everything they have, or they will be living with the first of a series of such power plants very soon.

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Justin Katz critiques Tiverton High School production of HAIR


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Photo: Richard W. Dionne Jr.
Photo: Richard W. Dionne Jr.

Tiverton High School recently made high school theater history by being the first group to perform HAIR: The American Tribal Lock Rock Musical. We had over 700 people attend with rave reviews.

This sent the former NBC10  “wingman” Justin Katz into a Twitter tizzy. Without seeing the show, he began to condemn it, me and the students and parents involved. He then went further and wrote an article – again, without seeing the show – on the Ocean State Current, referring to the production as “promoting child pornography”, “promoting the use of drugs” and encouraging children to use drugs.

For the record, Tams-Witmark allowed us permission to do the show with the creative challenges necessary to invite an audience in and not offend.  I was supported by the administration, the district and the many parents involved throughout the process.

To top off his always extreme behavior, he  allegedly sneaked into the Saturday evening performance – without paying, mind you! It is reported he then whipped out his laptop to secretly record the students. Did curiosity really get to Katz?? He took to Twitter again to brag he had finally seen the show…and still found it “inappropriate.” I have no idea what Mr. Katz intends to do with the images and video he allegedly recorded, but as a parent this concerns me greatly. [UPDATE: Katz says he did not sneak into the performance. He said watched the show at home via the internet.]

This is not the first time Katz has gone after me and the work I do in the community of Tiverton and throughout the state. Previously, he warned parents to keep their children away from me and my creative mind set! Mike Stenhouse, who runs the Ocean State Current has been formally warned in the past to keep Mr. Katz from slanderous attacks, which obviously is not working.

I am a single parent. I work with families who look towards the arts as a way to offer their children an outlet for arts enrichment and extended education. Katz has gone too far this time. His Koch brother funded “writings” will not save him. For someone who gives the Eucharist on Sundays, what the heck was he doing in a dark theater, recording students in the very show he was condemning and demanding be stopped!!??

Mr. Katz owes a formal apology to my students, to my administration, to my town.  Most importantly, he owes an apology  to the hundreds of parents I work with and trust me and my integrity. For that matter, Mike Stenhouse and Ocean State Current owe an apology as well. Can’t Stenhouse keep Katz in line??  It is one thing to have an opinion, it is quite another to think your opinion actually counts as the final word. It should be noted, I have been contacted by Mike Stenhouse after he got wind of my concerns and stated my concerns about Justin amounted to slander and he was “prepared to contact our attorneys.”  Perhaps Stenhouse would like to see the Twitter feeds Katz had with several students- all minors. In the article Mr. Katz wrote for The Current, he admitted he spent a summer memorizing  the album. Obviously things have changed, or perhaps he secretly wanted to be in the show? 

The lesson for my students extended far beyond the understanding of an era in history. My students were given an ideal situation to see how fear and loathing tried to get in the way of art unfolding.

Editor’s note: This post has been updated to allow Justin Katz to respond to the allegation that he sneaked into the play.

Conservation Law Foundation sues ExxonMobil


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Photo 1Conservation Law Foundation (CLF) announced at a press conference today that it has served formal notice of a lawsuit against ExxonMobil for its decades-long campaign to discredit climate change and knowingly endanger people and communities. An exposé last September by InsideClimate News revealed that ExxonMobil has engaged in a deliberate cover-up of sound climate science for more than thirty years, prompting CLF to launch its own investigation. CLF’s work revealed that the corporation’s deceit spilled onto New England soil and is subjecting local communities to undisclosed and potentially catastrophic risks in violation of both the Clean Water Act (CWA) and the Resource Conservation and Recovery Act (RCRA).

“ExxonMobil’s strategy of publicly denying the very risks its scientists have known for decades has direct impact on Greater Boston communities,” said CLF President Brad Campbell. “ExxonMobil knowingly and unlawfully misled regulators about whether its Everett facility can withstand rising seas, more intense precipitation, and other climate impacts without spewing oil and other toxic pollutants into adjoining neighborhoods, the Mystic River, and the Boston Harbor. Today’s lawsuit – the first of its kind – aims to hold ExxonMobil accountable for decades of dishonesty and require that the Everett facility meet the legal standards for climate-readiness.”

At today’s press conference on the shores of the Mystic River, Campbell stood with numerous local leaders and activists in declaring that ExxonMobil’s irresponsible and illegal actions would no longer be allowed to go unanswered.

Photo 3Roseann Bongiovanni, Chelsea Green Space environmental justice advocate, commented, “I’ve lived in Chelsea my entire life, and for all that time there’s been imbalance between community members who desperately want waterfront access and the industries that dominate the water’s edge. A decade ago, ExxonMobil spilled thousands of gallons of oil into our river and denied its wrongdoing for months until confronted and forced to pay by the Department of Justice. Today, we have a greater understanding of the full extent of ExxonMobil’s climate denial and we have another opportunity to show the world that we won’t stand for it.”

In March of this year, Massachusetts Attorney General Maura Healey joined a coalition of 17 attorneys general seeking to hold fossil fuel companies accountable for campaigns to deceive customers, shareholders, and the public about climate risk. While CLF is the first organization officially to begin a civil lawsuit against ExxonMobil for this deceit, many other legal actions are likely to follow.

EkOngKar Singh (EK) Khalsa, President of the Mystic River Watershed Association, added, “The Mystic is one of our state’s great treasures, where hundreds of thousands of fish spawn, wildlife seek refuge and eagles fly overhead. Unfortunately, we continuously battle against a history of industrial contamination. It is time for ExxonMobil to step up to the plate and take responsibility for the ongoing harm it is causing our river and our community.”

CLF’s trial team for the case will include nationally renowned attorney Allan Kanner of the Louisiana-based Kanner & Whitely, whose firm has represented states and other plaintiffs in landmark cases against major oil companies, including claims arising from BP’s Deepwater Horizon spill.

Campbell added, “A generation ago, the nation was appalled by the indifference to public safety and the environment that resulted in a drunk ship captain grounding the Exxon Valdez on Alaska’s Bligh Reef, spilling millions of gallons of crude oil into the Prince William Sound. Today in Everett, we must hold ExxonMobil accountable once again for its indifference to the public in the face of potential catastrophe.”

An interview with Roseann Bongiovanni, Chelsea Green Space environmental justice advocate, about a previous oil spill by ExxonMobil in the Mystic, the corporation’s denial of any wrongdoing, and the enormous cost to the Chelsea community and economy.

Another interview with Roseann Bongiovanni speaking about the respiratory problems and other serious health issues caused by air quality levels that far exceed the EPA’s standards for safety.

An interview with EkOngKar Singh (EK) Khalsa, President of the Mystic River Watershed Association, talking about the importance of the Mystic River to the local communities and the neighborhood impacts from continued pollution.

This video from 2007 shows polluted water flowing from a large pipe into the Island End River after a rain event. ExxonMobil discharges polluted water through this pipe every day of the year— up to 280 gallons per minute during dry weather and much more during rain events. The pollutants ExxonMobil is discharging are extremely hazardous, and ExxonMobil’s discharges often grossly exceed the waste limits set out in its discharge permit. The Island End River is water quality impaired, as is the Mystic River into which it flows, and ExxonMobil is contributing to those impairments by discharging toxic pollutants on a daily basis.

EnergizeRI responds to Heartland Institute attacks


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EnergizeRIJobsEnergizeRI and our carbon pricing proposal have recently come under attack from the Heartland Institute. We are taking this opportunity to reach out, set the record straight and shed some light on the work and reputation of this group as you consider their comments on carbon pricing legislation here in Rhode Island.

The Heartland Institute claims it was created to “discover, develop, and promote free-market solutions to social and economic problems”. However, upon review of the organization’s body of work, it is clear they operate on a platform of climate change denial. In fact, the organization is well known as one of the nation’s leading climate change deniers.

They are funded by groups such as the Koch Brothers, Big Tobacco, and Exxon Mobile. The only thing that Heartland seems to promote is misinformation.

EnergizeRIEmissionsThis is the same group that included scientists on a list of “climate deniers” even after they claimed they were being misrepresented and asked to be removed. This is the same group that to this day denies the link between secondhand smoke and cancer, claiming “smoking in moderation has few, if any, adverse health effects“. This is the same group that erected a billboard of the Unabomber with the caption “I still believe in global warming, do you?” and called it a success.

Heartland’s interest is clearly not in “finding and promoting ideas that empower people” as they claim but instead to allow their funders to manipulate credible sources and scientific facts. They manipulate the public to their own benefit and operate without repercussions.

To be very clear, we here at EnergizeRI are proud to have a group like the Heartland Institute as a critic. We are even prouder to share that distinction with people like Pope Francis and President Obama.

graphic_intenseweatherPSThere are legitimate debates to be had about the best way to address climate change, but pretending it isn’t happening or that we are powerless to stop it helps no one. We are already seeing the effects of climate change here in our state. No Rhode Islander will deny the damage that was caused by Hurricane Sandy in Westerly and Charlestown. No one can deny the damage caused by the microbursts in Cranston or the severe flooding witnessed in Warwick. All over the state Rhode Islanders are dealing with the fallout and leading climate scientists believe it will only get worse. Climate change denial is no longer part of the national conversation and it should not be part of the policy debate here in Rhode Island.

All studies completed on our proposal to this point have shown that Carbon Pricing would create, not reduce jobs. The EnergizeRI Act is projected to add about 2,000 new jobs in the first few years alone and about 4,000 in total. The reasons for this are fairly simple. Rhode Islanders spend about three billion dollars a year to import the fossil fuels we use for our energy needs. The reality is that, every year, Rhode Islanders’ money is being sent to strengthen someone else’s economy. Think about that missed opportunity – three billion dollars that could be circulating in our local communities, that could be spent in our stores, that could be invested in our homes, that could create revenue for our state.

The EnergizeRI Act would create a new “Clean Energy and Jobs Fund” to make renewable energy and energy efficiency installations cheaper and more accessible to small businesses and low-income homes. By focusing more on energy efficiency and local renewable energy production, Rhode Island could keep a greater portion of those three billion dollars from flying off to Texas or Saudi Arabia and instead put those dollars to work strengthening our local economy. The choice between a strong economy and a safe  environment is a false one. We can have both.

Finally, carbon pricing is recognized worldwide as one of the most effective emissions reductions tools. Seventy-four countries, 23 subnational jurisdictions, and more than 1,000 companies and investors expressed support for a price on carbon ahead of the UN Secretary-General’s Climate Summit. Locally, the REMI study estimates that carbon pricing, as proposed in the EnergizeRI Act, would get us halfway to the Resilient RI goals all on its own. Carbon pricing is an effective tool at both saving our environmental and strengthening our economy.

That’s why it’s so crucial that groups like Heartland not be allowed to control our future. We only have a small window to commit to bold action to fight climate change. Every minute that we spend listening to their misinformation just slows down our government taking the necessary steps and makes the consequences of our inaction more severe. We can’t allow that to happen.

Right now Heartland is requesting private meetings with our representatives. It’s important that they know the truth about who they are dealing with. Sign the petition and tell our elected officials that groups like Heartland have no place in conversations about our future.

Additional information about the EnergizeRI Act is available at EnergizeRI.org

 

Jennifer Siciliano challenges Solomon Jr in House District 22


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Jennifer Siciliano
Jennifer Siciliano
Jennifer Siciliano

Jennifer Siciliano announced her candidacy for State Representative today in House District 22 – Warwick.

“Enough is enough,” said Siciliano, “How many more times are we going to have to go through this? It seems like every week a Rhode Island politician is getting arrested or fined for breaking the law. Those in charge seem to believe that everyone up there is good and ethical until the day charges come down. The problem goes deep. Many officials up there aren’t looking out for us. They aren’t looking out for the state. All they are looking out for is themselves. It has to stop.”

Siciliano went on to point out the larger effect this has on the state. “The games they are playing are hurting our state, and they are hurting our community. How are we supposed to bring new families or businesses here when the first thing someone sees about our state is corruption? Do you think that makes someone want to move or stay here?”

Siciliano went on to talk about her reasons for running. “I’m running for State Representative because, if I’m being quite honest, what goes on in Rhode Island politics disgusts me. I ran two years ago because I wanted change and didn’t think the current representative would push for it. In the last two years I’ve seen nothing to indicate differently. Whether it is the abuse of legislative grants or the massive expansion of the agency that championed 38 studios. He seems happy to keep doing things the way they always have.”

“I’ve been living here in Warwick for a while, and I’ve seen the same problems we’ve all seen. Our economy is struggling, we are not doing enough to help the environment, and even if our children do get through our schools, it’s becoming harder and harder to afford college. We can do better. We have to do better. We need a government that is open and transparent. We need a government that looks out for the working families of Rhode Island.”

Andy Larsen, who has lived in the area for many years, said, “Jennifer is going to be an excellent representative. Unlike the guys up there she seems to get what is actually important.”

Sean Holly, local business owner is also excited. “I don’t know what they are doing up there but it isn’t working,” he said. “Jennifer would change things.”

Siciliano lives on Harris Ave in Warwick. Jennifer completed her bachelor’s at UConn and her Masters degree at UMass Amherst. She works as an urban planner in Woonsocket and is a member of the Warwick Historical District Commission.

[From a press release]

Jason Knight challenges Jan Malik in District 67


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Jason Knight
Jason Knight

Jason Knight announced his candidacy for State Representative today in HD-67. The district encompasses parts of Barrington and Warren.

“We need new voices at the State House,” said Mr. Knight. “Our current government is not working fast enough to address our problems; especially in the areas of infrastructure and jobs.”  Mr. Knight went on to say, “We need creative and inventive solutions to our issues. Every year, our General Assembly gets together and can’t seem to get the job done. If recent events prove anything, it’s that it’s time for new blood.” Mr. Knight is challenging the current representative, Jan Malik, for the seat.

Knight also spoke out in favor of progressive values and responsible government. “This district deserves a representative with real Democratic values and is willing to stand up for change that matters. Jan Malik voted against gay marriage, votes in lockstep with the NRA, and didn’t even show up for the recent vote on truck tolls. We can do better.”

Knight concluded with, “Over the next few months, I will show the voters in Warren and Barrington that we can change the way things are done in Rhode Island. It starts by electing representatives who are ready, willing, and able to challenge the status quo and work to create new opportunities for economic prosperity.”

Mr. Knight, 46, is an attorney in private practice in Providence. He lives in Barrington with his wife, Nicole Jellinek, and their two children. He served in the U.S. Navy from 1988 to 1996 as an enlisted nuclear power technician. After his time in the service, Mr. Knight attended Emerson College and was the class valedictorian. Mr. Knight attended Suffolk Law School and graduated magna cum laude. Mr. Knight then served as a prosecutor in the Rhode Island Department of Attorney General under Attorney General Patrick Lynch and went on to start his own defense practice in Providence. In Barrington, Mr. Knight and Ms. Jellinek are active members at Temple Habonim, a Reform synagogue.

[From a press release]

Carson’s Sea Level Rise Commission issues final report and recommendations


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Rep Lauren Carson’s Special House Commission to Study Economic Risk Due to Flooding and Sea Level Rise issued its final report today, and has made several recommendations as to how Rhode Island can mitigate the effects of climate change.

These recommendations include:

  • Updates to local comprehensive plans, zoning ordinances, and building codes
  • Additional support for academic and scientific research on sea level rise
  • Increased communication concerning the financial impact of natural disasters and flooding; and
  • The development of a statewide property preparedness program for property owners.

Before an early morning kayak trip on Narragansett Bay.

Recommendation 1 calls for the “creation of a flood audit program for property owners and businesses to incentivize property fortification and adaptation.” Funding of this program could come from “through public or private investment.”

Recommendation 2 acknowledges the lack of awareness among government policy makers regarding climate change and sea level rise. “As such, several proposals should be developed to increase awareness: mandatory climate, flooding and sea level rise training for local planning commission, zoning boards, and realtors; a flood insurance incentive program for property owners in the floodplain; and, the dissemination of the Coastal Resources Center’s adaptation catalogue to property owners in the flood plain.”

Recommendation 3 came as a surprise to the commission, according to Rep Carson. The Fox Point Hurricane Barrier, completed in 1966, has only one small generator as back up in the event the grid goes offline during a hurricane or flooding disaster. “In light of the barrier’s age and scientific research projecting more hurricanes along the eastern seaboard, the Commission requests that municipal, state, and federal officials work with the Army Corps of Engineers and other federal agencies to review the Hurricane Barrier’s structural sufficiency.”

Recommendation 4 concerns getting businesses back on line as soon as possible after an emergency. This point was of particular concern to the commission, which states in their report that, “Assisting business continuity is critical to maintaining the economic fabric of the affected community.” The commission recommends that state policy makers “assess a potential business continuity toolkit that could include sales tax deferments during rehabilitation and reconstruction, trauma and mental health counseling for affected business owners and employees, unemployment benefits for displaced workers, bridge loan programs for businesses waiting for flood insurance payments and FEMA financial support, and concentrated marketing programs to highlight restored communities.”

Finally, having determined that “Rhode Island needs to more fully understand the economic implications of sea level rise,”  the commission recommends “a community by community analysis resulting in aggregate data that determines Rhode Island’s total economic exposure due to sea level rise.  State agencies should review all vulnerable assets and prioritize resiliency adaptation based upon the rate of return on their investment.”

You can access the full report here.

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