Sierra Club statement on National Grid LNG proposal


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RI Sierra Club Logo QuahogThe Rhode Island Sierra Club strongly praises the bold climate leadership of the nine Providence legislators who publicly expressed their opposition to National Grid’s proposal for a $180 million fracked gas liquefaction facility at Fields Point in the Port of Providence.

Last week, Providence State Representatives Aaron Regunberg, Joe Almeida, Grace Diaz, John Lombardi, Chris Blazejewski and Edie Ajello, along with Providence State Senators Juan Pichardo, Gayle Goldin and Harold Metts submitted a letter to the Federal Energy Regulatory Commission (FERC) describing their deep concerns with National Grid’s proposal. We wholeheartedly agree with their statement that this project represents a boondoggle for ratepayers, an unjustifiable safety risk for the local community, and the kind of unacceptable doubling down on fossil fuel infrastructure that will guarantee we blow past our legally mandated emission reduction goals. And we are proud to see so many legislative leaders refusing to condemn our beautiful state to a future of climate catastrophe.

2016-07-21 Toxic Tour 013Unfortunately, the same can not be said of Providence Mayor Jorge Elorza. Rather than making any effort to live up to his rhetoric on climate change, Mayor Elorza has chosen to partner with National Grid and help them advance their proposal with tacit support and active negotiations for a Tax Stabilization Agreement to smooth out the utility’s tax payments over time.

Stopping climate change is the moral crisis of our time – and it will only be possible if we end these vast investments in new fossil fuel infrastructure that guarantee our addiction to fossil fuels continues past our planet’s point of no return. We all need to join in this fight. Rhode Island Sierra Club pledges our support for elected officials who take this moral imperative seriously, like the nine Providence legislators who came out in opposition to the LNG proposal last week. And we condemn in the strongest possible terms the cowardice of self-proclaimed climate leaders who choose to give in to the fossil fuel industry. Mayor Elorza, your actions speak much louder than your words – please, do the right thing and join your legislative delegation in standing up for Providence’s current and future citizens.

Nuns on the Bus visit RI


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2016-07-23 Nuns on the Bus 2683The Nuns on the Bus came to Providence Saturday night as part of a 13 state tour that ended at the Democratic National Convention in Philadelphia. At each stop, the Nuns held meetings where concerned residents could share their concerns about a range of topics – including tax justice, living wages, family-friendly workplaces, access to democracy, healthcare, citizenship and housing. These meetings were held under the general title of “Mending the Gaps” and the discussion points and concerns from each meeting are to be delivered in Philadelphia.

The Nuns arrived at St. Michael’s Church in South Providence to the music of the Extraordinary Rendition Band and St. Michael’s own drummers.

During the discussions the Nuns learned about the obscene child poverty rates in Rhode Island, the criminality and disconnect of many of our elected leaders and our state’s support for the fossil fuel industry and the environmental racism such support entails. The meeting filled the basement of St. Michael’s.

From Providence the Nuns headed to Hartford, Scranton and Newark before arriving in Philly on  July 26. You can follow their progress here.

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The Toxic Tour of South Providence


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Sherrie Anne Andre, with National Grid behind her.
Sherrie Anne Andre, with National Grid behind her.

South Providence, at the port, is one of the heaviest concentrations of toxic chemical storage in New England, and not coincidentally, those who live in the area suffer the highest rates of asthma. Sherrie Anne Andre of the FANG Collective and Julian Rodríguez-Drix of the Environmental Justice League of Rhode Island lead a tour of over 60 people, including Green Party presidential candidate Jill Stein, along Allens Avenue, pointing out some of the worst polluters in our state.

The Rhode Island Recycled Metals facility was the first stop. In 2015 the US Coast Guard revealed that the site was operating without proper permits. As a result the facility was not in compliance with laws regarding oil spillage and storm water run-off. In general, recycling is a good and positive thing. But when done without concern for the health and safety of residents and the environment, the losses can outweigh the gains.

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The tour passes through Motiva

Motiva Enterprises LLC occupies both sides of Allens Avenue. Chemical piping actually runs underneath the road. Motiva is a joint venture between Saudi Aramco and Shell Oil. Here in Providence the facility is the largest of many fuel terminals in the port and a major importer of petroleum products. It receives regular shipments via tanker ship and exports via truck. The Port of Providence is the entry point for the majority of fuels that power southern New England. In 2014 Motiva managed 34,425 pounds of toxic waste products. Over 1000 pounds of toxic waste was emitted into the air, making Motiva the largest air emitter in the City of Providence.

Ethanol trains come through the port every week. Known as “bomb trains” elsewhere in the United States, similar trains were banned in Boston because of safety and toxic concerns. The ethanol is mixed at the Motiva facility and transported out.

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Rhode Island Recycled Metals

Univar is the largest facility in the area. It is a wholesale chemical distributor and chlorine manufacturer. As far as is known, though Univar produces chemicals used in fracking, they are not manufactured or stored in Rhode Island. There are 3.3 million pounds of toxic chemicals stored at the Univar facility. It is the most dangerous facility in all of Rhode Island, with a 14 mile hazard radius. Stored here are 1.4 million pounds of chlorine gas, 1.2 million pounds of anhydrous ammonia, 626,400 pounds of ammonium and 35,000 pounds of formaldehyde. each one requires a chemical risk assessment plan from the Environmental Protection Agency.

National Grid wants to upgrade its facilities at the Port of Providence by installing a liquefaction plant on the premises. This would allow the company to supercool LNG so that it becomes more compact, allowing the company to store much more LNG on the premises. Note that LNG is fracked methane, imported through pipelines to the facility. These pipelines, owned by Spectra Energy, run through Burrillville, through Cumberland, and across the bay from East Providence.

Jill Stein
Jill Stein

The existing storage tank is filled by truck. It takes about 2600 trucks to fill the 24.2 million gallon tank, said Andre.

The proposed LNG liquefaction facility will cost $180 million. These costs will most likely be passed on to consumers. The facility will be located between National Grid’s existing storage tank and the Univar facility. The energy required to power the liquefaction is equivalent to half of the energy generated by Deepwater Wind, the first offshore wind farm in the United States, presently under construction off the coast of Rhode Island.

One more concern: National Grid is located on the former site of a manufactured gas plant. The soil in the area is soaked with chemicals from when a company squeezed gas from coal, a toxic process that permanently contaminated the land. The RI Department of Environmental Management has records of dozens of other leaking, underground tanks in this area. “The soil we are walking on is known to be toxic,” said Rodríguez-Drix.

On the National Grid site, some of the chemical contaminants have been capped with the intention of keeping the contamination from further spreading, but this capping will be disturbed when construction begins, allowing the wind to carry the toxins into the air and into the bay for the two years of construction.

Below is video of the tour:

Green Party presidential candidate Jill Stein attended the Toxic Tour, and talked about the Green New Deal.

Raymond Two-Hawks spoke about the aboriginal response to the continued denigration of his ancestral lands.

Laura Perez is running for House District 11 against incumbent state Representative Grace Diaz.

Sheila Calderone is a resident of South providence and a member of the Environmental Justice League who suspects that illnesses she has suffered are a result of the pollutants she has been exposed to while growing up in the area.

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Jill Stein

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CLF announces historic settlement on Johnston Landfill


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clf conservation law foundationConservation Law Foundation (CLF) announced a historic settlement agreement today in its lawsuit against the owners and operators of Central Landfill in Johnston, Rhode Island. In December 2013, CLF filed a Clean Air Act suit against the Rhode Island Resource Recovery Corporation (RIRRC), Broadrock Gas Services, LLC (BGS), and Rhode Island LFG Genco, LLC (RILG). RIRRC owns Central Landfill, BGS operates the gas collection system, and RILG uses the gas to fuel their electricity-generating facilities located next to the landfill. CLF’s suit alleged that the gas generated at the landfill was being inadequately collected or destroyed and that the landfill’s owner and operators failed to obtain the legally-required operating permit since 1997.

“Landfills produce gases that must be controlled in order to avoid risks to the health and wellbeing of surrounding communities,” said CLF attorney Max Greene. “Today’s agreement goes a long way toward enhancing gas generation and collection at Central Landfill in Johnston. By harnessing the gas for electricity generation and preventing it from escaping into the atmosphere, we protect our neighborhoods for generations to come.”

Under the settlement, RIRRC, BGS and RILG will hire an engineering firm to perform an assessment and recommend projects that will enhance gas generation and the performance of the collection system. The engineering firm also will examine and recommend improvements to an existing network of ambient-air monitors that test for hydrogen sulfide, a landfill-gas component, in the surrounding neighborhoods. The parties will evaluate these recommendations and undertake such projects.

In addition, for the first time, the Rhode Island Department of Environmental Management intends to issue a single Clean Air Act operating permit to govern the landfill.

“The issuance of a single operating permit covering the entire landfill is deeply important,” continued Greene. “Judges have called this type of permit ‘a source-specific bible for Clean Air Act compliance.’ Now, Central Landfill will finally have this important tool.”

[From a press release]

Protesting environmental racism in South Providence


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Protests against environmental racism and the expansion of fracked gas infrastructure in Rhode Island continued yesterday as members of the FANG Collective and the Environmental Justice League of RI, along with area residents and other community and environmental organizations, held signs and delivered flyers to drivers at the corner of Eddy St and Thurbers Ave.

National Grid is trying to build a $180 million fracked gas production facility  in South Providence, and organizers call this is a clear example of environmental racism as all 11 of the EPA’s identified toxic polluters in Providence are already in this zip code, which is predominantly made up of low-income people of color. The impact and dangers of this project are enormous and have been outlined by the EJ League in detail.

Among those attending the protest was Kate Aubin, who is running for Cranston City Council. The section of Edgewood, where she lives, would potentially be affected by a disaster occurring in any one of several chemical and toxic storage facilities in South Providence.

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Handing out flyers to motorists in English or Spanish

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Laura Perez, House district 11 candidate

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Burrillville Town Council reaches boiling point over power plant


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Donald Fox

There were tears, anger, accusations, offers of forgiveness and just straight up fireworks at the Burrillville Town Council meeting Wednesday night. Town residents came out in force to the first meeting held since the Senate Judiciary Committee very publicly killed the Keable/Fogarty bill that would have allowed voters in Burrillville the opportunity to approve or reject any proposed tax treaties with energy plants in the town.

This bill was important because Invenergy has plans to build a $700 million fracked gas and diesel oil burning power plant in the town, and the residents of Burrillville don’t completely trust the town council to negotiate in their best interests. As the residents of Burrillville descended en masse to the State House to testify in favor of the bill, the town council issued first a a press release then an official resolution opposing the legislation.

Various timelines have been floated as to how this press release/resolution came to pass. On June 9th I sent a request to Burrillville Town Clerk Louise Phaneuf asking for a copy of the video of the June 7 town council meeting. I was informed that there was no video, since the camera was malfunctioning. I followed up by asking for a copy of the minutes. Phaneuf wrote back, “Thanks for your request for minutes. I will forward a draft as soon as I have it ready. However, there was no discussion of the press release at that meeting.”

Kimberly Brissette Brown
Kimberly Brissette Brown

That’s not what Town Councillor Kimberly Brissette Brown said when she emotionally recounted the story of the press release at Wednesday’s town council meeting. She said that it was at the June 7 town meeting that it was decided to issue the press release. It wasn’t decided by a vote, she said, nor was it an agenda item. The next night, at a regular town council meeting, the council went into executive session and turned the press release into a resolution.

Meanwhile on June 8, the residents of Burrillville were at the Senate Judiciary Meetting, having the press release sprung on them by Senators Frank Lombardi and Steven Archambeault. They proceeded to use the press release/resolution to humiliate the Burrillville residents, providing ad hoc civics lessons on representational government and generally putting the people of Burrillville on the defensive. “It was humiliating,” said Burrillville resident Kathy Sherman.

The way this resolution was produced, potentially without proper public notification, potentially without being properly put on the agenda, and potentially not being voted on properly either in open or executive session, may well be illegal and violations of the Open Meetings Act. As Barry Craig, Burrillville resident and retired lawyer, pointed out, the Open Meetings Act has provisions that allow members of the public to hold the individual members of the town council financially liable for attorney fees if they sue and win, which might become an expensive proposition for them. (See video 01 below)

Craig ended up in a shouting match with Town Councillor Donald Fox, who objected to being characterized as “lazy” for helping to make an end run around the people in addressing the Senate Judiciary Committee and possibly violating the Open Meetings Act. “You violated the law!” shouted Craig, “Does that mean anything to you?” (See video 26 below)

Fox retorted that Craig was “out of order”.

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Donald Fox and Barry Craig

Kimberly Brissette Brown’s address to the people of Burrillville needs further consideration as well. (See video 03 below) She begins by saying that since Invenergy won some forward capacity obligations in the recent the ISO-NE, the company is on the hook for potentially millions of dollars if the plant is not built. One big question: Why should anyone in Burrillville care about bad decisions made by a Chicago based energy company? How is it possible that Burrillville should be liable for Invenergy’s bad business decisions?

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Nancy Binns

It was an unusual night, because individuals on the town council became unusually chatty. Nancy Binns spoke, (See video 15 below) saying that no on on the town council “is wildly enthusiastic about this power plant.” Does this mean that at least one member is moderately enthusiastic?

Steven Rawson spoke (See video 25 below), but only after telling the audience that if they dared interrupt him, he would stop speaking. He then defensively spoke about his years of service for the town, but addressed no pertinent issues.

In fact, every member of the town council said at least a few words, even Michelle Bouchard, who used to be referred to as “the one who never speaks” by some residents when we talked about town council meetings.

Gone was the united front the town council used to show in the past. Gone was the idea that the town’s attorney, Oleg Nikolyszyn, could speak for the council.

It was Debbie Krieg (See video 07 below) who took Oleg to task for a video in which he claimed Cale Keable brought Invenergy to the town. Even if that’s true, said Krieg, Cale Keable has more than made up for it by changing his mind and listening to his constituents and fighting hard to prevent the power plant from coming to town.

Krieg also revealed that that through her APRA request she had learned that high priced consultant Dyana Koelsch, hired to facilitate communications between the town council and residents, was pulling in $200 an hour for her work. Some in the audience audibly gasped. “These are tax payer dollars,” said Krieg. “How long is this going to last?”

“I believe she has a six month contract,” said Council President John Pacheco.

Also discussed was Monday night’s planning board meeting. Residents were extremely unhappy with the performance of the ‘experts’ hired by the town. They were unhappy with the way that meeting was conducted. They were especially unhappy with the idea that opening a well contaminated with MTBE may possibly poison the Harrisville water supply, or that Invenergy might have to draw water from Wallum Lake to cool its generators.

Perhaps the most startling new piece of information to come out of Wednesday’s town council meeting is the fact that Governor Gina Raimondo‘s planned July 18 trip to Burrillville to face residents might not be set in stone. Council President Pacheco said that when he reached out to the governor’s office, he could not confirm the date because her people said her schedule was “in flux” and he was told that the governor’s people were handling all arrangements.  (See video 36 below)

The town council ended the meeting by voting to go into executive session, where they could discuss the Invenergy power plant away from the townspeople, which isn’t quite irony, but close enough.

Below is the full video of the meeting as pertains to the power plant.

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Experts testify on how power plant will impact Burrillville


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Setting up my camera at Monday night’s Burrillville Planning Board meeting, I saw one of the town’s two lawyers, Michael McElroy, turn suddenly from his place on stage and wave enthusiastically and with a smile at some friends who had just arrived. Turning, I noticed that the arriving friends were the lawyers and expert witnesses from Invenergy. The small cadre of Invenergy lawyers waved back collegially and I thought, “Who represents the people of Burrillville here?”

The meeting was held at the Burrillville High School, and was four hours long. The meeting did not end. Invenergy still had expert witness testimony to present, and 30 Burrillville residents had signed up to testify, only to never get their chance to speak. In the end, a decision was made by planning board chairman Jeffry Partington to continue the meeting on July 11.

This meeting was held to discuss Invenergy’s proposed fracked gas and diesel oil burning power plant. The Town of Burrillville and Invenergy had both hired experts to delve into the power plant’s plans and provide opinions as to whether or not the power plant would be able to control for such issues as air quality, water use and quality, noise levels, traffic and wetlands impact. The sometimes technical details were presented in a way that could be generally understood by a layman, and both the planning board and Invenergy’s lawyers were able to ask questions.

2016-06-20 Burrillville Planning Board 003Before the meeting got started though, the planning board dealt with correspondence from Barry Craig, a retired lawyer recently returned to Burrillville. Craig had filed a motion to have the town’s lawyer, Oleg Nikolyszyn, recuse himself because of allegations that he and the town council had violated the open meetings act when issuing a resolution last week, a resolution that many feel gave the Senate Judiciary Committee in the RI General Assembly the excuse it needed to vote down legislation that would have vastly improved the town’s position regarding the power plant.

Before Craig could rise to speak, it was learned that Nikolyszyn had in fact recused himself from the proceedings, hence Michael McElroy’s appearance at the hearing, waving to his buddies from Invenergy.

The town called its expert witnesses to give their reports and answer questions from both the planning board and Invenergy’s lawyer, Elizabeth Noonan.

David Hessler discussed the noise the plant would emit during operations. The noise ordinance in Burrillville establishes a very low goal of 43 decibels, a goal Invenergy says it will be able to reach. Though Hessler says he is “leery of [Invenergy’s assumptions in their model” regarding operating noise levels, he is confident that “Invenergy will do whatever they have to, to meet the limits].

“It may be difficult and it may be expensive,” Hessler cautioned, adding, “I think it can be done.”

Later Hessler admitted that he had “never seen a power plant meet the noise levels” but reiterated that he thinks this plant can be designed to do so.

2016-06-20 Burrillville Planning Board 001As loud as the power plant might be under normal operating conditions, it will be louder during start up and shutdown. When asked about Invenergy’s estimates about how long start ups and shutdowns take, Hessler said that Invenergy’s estimate of 10-30 minutes is “too short. There’s no way,” and said “I would not trust [Invenergy’s] numbers.”

Eric Epiner was up next, talking about air quality. Power plants like the one proposed for Burrillville are designed to fire pollutants through extremely tall stacks and released high into the atmosphere. Spinner expects that the impact on local air quality will be insignificant. However, the power plant plans Invenergy has submitted so far contain numerous errors and inconsistencies, as well as missing documentation. “We can’t say with certainty what the health risks are,” said Epiner.

The pollution from this plant, says Epiner, will not fall on Burrillville, but on people fifty kilometers away.

Tom Hevner was then questioned about the 40,000 gallons of ammonia to be stored on site. Invenergy’s plans call for 19 percent concentrations of ammonia, because 20 percent requires federal oversight. Ammonia, when released into the air, is extremely deadly, whether the concentration is 20 or 19 percent.

Hefner recommended that the Pascoag Fire Department be consulted on how to deal with such chemicals should they be stored on site, and also suggested that there may be other, less hazardous chemicals that Invenergy might use instead.

James Jackson was called upon to discuss the impact the new power plant will have on traffic in Burrillville, especially during the plant’s construction. He seemed to think that the impact would be minimal.

Jackson also spoke on the impact the plant might have on nearby wetlands. Right now water run-off from the plant is designed to be put in a pool that will directly abut the wetlands. Jackson said that the storm water run-off issues were not clearly resolved in the plans. The plan seems to call for storing toxic waste water next to a protected ecosystem. “I just don’t feel comfortable with this,” said Jackson.

Tom Hevner was brought back to talk about water use and the re-opening of well 3A, the well shut down 15 years ago by court order, due to MTBE contamination. MTBE is highly carcinogenic and Burrillville has paid a heavy cost because of this. Invenergy wants to use this water to cool their plant, promising to purify the water before it’s sent to a waste water treatment facility.

The “treatment scheme” says Hevner, is to draw water out of the well that will be contaminated at a rate of 55 parts per billion with MTBE. Due to condensation, that number will be 200 parts per billion by the time it reaches the power plant. There the water will be run through two Granulated Activated Carbon (GAC) filters (though Hevner recommends three GACs) at which point the MTBE should be at “non-detect” levels.

The danger is not in Invenrgy’s water purification system, which Hevner seems to think will work, the danger is back at the well, where pulling water out of the well “might draw back contaminants” that have leeched into the surrounding area underground.

Since the MTBE disaster in Pacoag, Burrillville has been buying its water from Harrisville, across the Clear River. The river acts as a barrier between the two water sources, but, says Hevner, it “needs to be demonstrated that there’s no hydraulic connection” between Harrisville and Pascoag’s water sources. Other wise, there’s a danger that reopening well 3A might contaminate Harrisville’s water with MTBE.

Hefner also thought that the well won’t provide sufficient water for the energy plant, which will need to draw millions of gallons a day. Hefner suggested that the plant might need to draw water from other nearby municipalities, like Harrisville, or even start drawing water from Wallum Lake. This suggestion certainly agitated the crowd.

After a break, Invenergy called their witnesses. Invenergy’s lawyer, Elizabeth Noonan, could not get all her testimony done before 10pm, so after much deliberation it was decided to continue the meeting on Monday, July 11 at 6pm at the Burrillville High School.

To be continued…

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Knights of Columbus cancel Deware fundraiser over abortion stance


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Bill Deware
Bill Deware

A planned fund raising event for Bill Deware at the Knights of Columbus hall in North Providence was cancelled this week when the Knights of Columbus was informed that Deware, a candidate for State Rep House District 54, is pro-choice. It is not known who informed the Knights of Columbus of Deware’s pro-choice status. Deware says, “I am indeed pro-choice. I am an ardent supporter of a woman’s right to control her own body. I would argue any human being in any situation has a fundamental right to control their own body.”

Deware is a Progressive Democrat. “I got involved with the Bernie Sanders campaign regionally and it showed me I could be more active politically. Locally I was brought to action by the cuts to Medicaid (which impact me and my family directly due to my daughter having multiple handicaps) and the need for tax and ethics reform in RI. I feel people need to get involved in the political process and help restore faith in government. Then we can start to make government work for us again. What we have right now, is not working for us here in RI. We want and deserve better.”

As for his fundraiser being cancelled because of his pro-choice stance, Deware says that “There are many issues that unite us and I would like to focus on those issues rather than divisive ones. For instance; the Catholic Church believes in social justice, racial justice & economic justice, as do I. Jesus healed the sick, helped the poor and didn’t judge. These are areas I would like to focus on in my career and in my life.”

A new location, Lancellotta’s Banquet Restaurant in North Providence, has already been booked for the fundraiser and will take place on the same night, June 30th, as the original event.

Knights of Columbus did not respond to a request for comment.

Keable/Fogarty power plant bill: An autopsy


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Leo Raptakis

Perhaps the most honest statement to come out of the Senate Judiciary Committee regarding Paul Fogarty’s bill S3037A came in the hallway outside the hearing room after the vote, courtesy of Senator Leo Raptakis.

“What happened in there?” I asked.

“I don’t know,” replied Raptakis, “I don’t know why they brought it up for a vote at all.”

The confusion Raptakis felt was understandable. Normally, if you want to kill a bill in the General Assembly, you just never let it come to a vote. Eventually the session ends and the bill is dead.

So why bring the bill up for a vote? What was really going on?

Frank Lombardi
Frank Lombardi

Senator Paul Fogarty’s bill would have allowed the voters of Burrillville the opportunity to vote on any tax agreements made by their town council with any power plant located in the town. The immediate effect of the bill would be to allow voters to decide on a tax treaty being negotiated with Invenergy, which wants to build a $700 million fracked gas and diesel oil burning power plant in the town. The Burrillville Town Council has been repeatedly dishonest with the residents of the town, and has been actively working to bring the power plant into the town against the wishes of most residents. Residents of Burrillville want a say in the process and they want to prevent the power plant from being built.

The House version of the bill, sponsored by Representative Cale Keable, passed out of the House Committee on Environment and Natural Resources on an 11-2 vote and passed the full House on June 8. The Senate version, after a long, contentious hearing that pitted Burrillville residents and environmentalists against labor and business, was tabled without a vote.

Stephen Archambault
Stephen Archambault

The forces in favor of the power plant did not want this bill to pass. It is believed by many that this bill will make it impossible for the power plant to be built, because it will interfere with Invenergy’s ability to secure financing for the project. A stable tax treaty is important to Invenergy because without it, the company faces the prospect of paying full taxes on the power plant. No tax treaty, no funding, some say.

In an effort to kill the bill, Invenergy paid for a full page ad in the Providence Journal. An editorial and an op-ed were published in the paper as well. Pressure was brought to bear on the Senate from the Greater Providence Chamber of Commerce and the Northern Rhode Island Chamber of Commerce whose lobbyists testified against the bills. And labor, which wants the plant built because of the much needed jobs it will provide, lobbied the Senate hard.

Donna Nesselbush
Donna Nesselbush

Meanwhile, there was pressure being placed on Governor Gina Raimondo by environmentalists to not veto the bill, were it to be passed. Raimondo did not want to be put in the position of having to veto this bill. She wants the public appearance of being strong on environmental issues, even if she supports fracking and fossil fuels. For Raimondo’s purposes, the less known on the national scene about her true environmental  positions, the better. Vetoing this bill would create the wrong kind of headlines, the kind of headlines that might hamper her national political ambitions.

Satisfying these powerful players is easy. All that needed to happen was for the bill to never get out of the Senate Judiciary Committee, and the bill would die, never to be voted on. There’s only one problem: If that were to happen, Senator Paul Fogarty would have failed the community he serves, and though Fogarty, for political reasons, is opposed to the power plant and in favor of his bill, he’s a strong union member and supporter. Under normal circumstances he would be a reliable pro-union vote and a valuable ally.

William Conley
William Conley

A way to both kill the bill and save Paul Fogarty’s political career was therefore devised.

Four Senators, Frank Lombardi, William Conley, Donna Nesselbush and Stephen Archambault, presented legal-sounding arguments against the bill, all the while telling Burrillville residents watching the proceedings live or at home how wonderful their Senator Paul Fogarty is. They laid it on pretty thick at times.

“Kudos to Senator Fogarty for the concerns that he showed his constituency in the town of Burrillville,” said Senator Lombardi, “and [for] having the intestinal fortitude to bring forth the bill on the behalf of his constituents.

“And I mean this, Senator,” continued Lombardi, looking at Fogarty who was seated in the center of the room, “I think that the people of the town of Burrillville are very fortunate to have you as their Senator and the work that you do for them. Quite frankly you listened to them and you put forth what you thought was a very favorable bill for your citizenry.”

Not to be out done, Senator Conley said, “Senator Fogarty’s advocacy on behalf of the people of Burrillville on this issue was extraordinary. I’m just about at the close of my fourth year in the General Assembly and I can say without reservation that I’ve never seen one of my colleagues advocate in such a meaningful and, I don’t want to say aggressive but certainly in a strong way, on behalf of legislation. His heart and soul is behind this bill and whether you agree with one of your colleagues or not, it’s always that kind of advocacy in this building that often goes unsung. So it’s important to note that.”

Senator Nesselbush was more circumspect in her praise, saying, “Senator Fogarty has been a passionate supporter of this bill that he even convinced me to be a co-sponsor of the bill.”

Senator Archambault, who might run for Attorney General in 2018, also chimed in with praise for Fogarty, “I want to echo the sentiments of my brothers and sister with respect to Senator Fogarty. He’s been here for you all along, he’s put in a tough piece of legislation, it certainly hasn’t made him any friends on one side but he did it because he cares. I think his actions speak for themselves.” After this performance, I don’t think any environmentalists will be voting for him.

With Senator Fogarty properly lionized and hopefully protected, all the Senators needed was an excuse, any excuse, to vote against the bill. As it is, they produced three excuses. They also needed someone to blame. They couldn’t blame the business community, they couldn’t blame the Governor and they couldn’t blame labor.

Enter the Republican Burrillville Town Council with their press release turned resolution. At the original Senate Judiciary Committee meeting to discuss the bill, Senator Lombardi foolishly tried to pass off a press release against the bill from the town council as a resolution, but in fact the Burrillville Town Council didn’t get around to issuing an actual resolution until the committee meeting was almost over. But now, with a “proper” resolution in hand, Lombardi was able to produce a villain: the Burrillville Town Council.

Harold Metts
Harold Metts

In his statement after the vote, Fogarty expressed his disappointment at the bills defeat, but did not blame the vote on his fellow senators. Instead, he referred to the resolution, writing that the “last-minute opposition of the Town Council… [was] the equivalent of getting two torpedoes to the bow.”

“It’s a shame that the Burrillville Town Council does not have enough faith and confidence in the local citizenry to make an informed decision on a matter that will impact the future of their community,” wrote Fogarty, forgetting that it was the Senate Judiciary Committee, not the Burrillville Town Council that killed the bill.

Lombardi’s second excuse was that he was concerned about the precedent that passing the bill would set. He said that when the residents of a city or town disagree with their elected officials, they shouldn’t be looking to the state to pass new laws. Lombardi feared that the General Assembly might be flooded with every local issue that is “controversial” if they passed this bill. Of course, it’s fairly easy to find dozens of examples where the state has stepped in to override local laws and ordinances. The very creation of the Energy Facilities Siting Board, the body that will ultimately decide whether or not the power plant will be built, is an example of the state overriding local concerns and laws, for instance.

Paul Fogarty
Paul Fogarty

Lastly, Lombardi noted that one of his colleagues “was gracious enough to provide us with a Rhode Island Supreme Court case entitled Warwick Mall Trust v State of Rhode Island.” Sources told me that the court case was provided to Lombardi and the other senators by Senate Majority Leader Dominick Ruggerio, a strong supporter of labor who sat in on the original Senate Judiciary Committee meeting that heard testimony on this bill.

Lombardi said that the decision in this case could be applied to Fogarty’s bill, and claimed that the bill, as written, would be unconstitutional.

In the end, of course, the Senate Judiciary Committee voted Fogarty’s bill down. It was such an unusual occurrence that Chairman Michael McCaffrey couldn’t quite get his head around how it was supposed to work. As the chairman struggled to find the right way to phrase a no vote, two Capitol Police Officers entered the room, to make sure the crowd did not react aggressively to the decision everyone seemed to know was coming. The vote was 7 -2 against. Only Nesselbush and Erin Lynch Prada voted in favor of the bill.

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Debbie Krieg

The disappointment of the Burrillville residents could be felt physically. There were tears. Nick Katkevich, of the FANG Collective, shouted “Shame!” as he was leaving the room. The Capitol Police responded by telling Katkevich to leave, but he was already gone. Out in the hallway, there were more hugs and tears among the Burrillville residents.

They say they will continue the fight.

Looking over every single Senate Judiciary Committee vote this session, you will find that every bill brought up for a vote passed. In fact, every bill before this committee, but two, passed with no votes against them. The two exceptions were S2333 on May 5 and S2505 on March 3, and both times it was Senator Harold Metts casting the lone vote against. Until this day, six of the senators present had not cast a no vote in committee this year.

The truth is that no one is ever really supposed to vote no. These committee votes are pro forma. It’s theater. Every vote serves a purpose and no bill is voted on in committee without a predetermined outcome known well in advance.

And the vote on Paul Fogarty’s bill was no different.

2016-06-15 Senate Judiciary 02

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Governor Raimondo to visit Burrillville, meet with residents to discuss proposed power plant


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2016-05-09 Raimondo in Warwick 005After months of protests, phone calls and civil disobedience from anti-power plant activists and Burrillville residents, Governor Raimondo has scheduled a visit to Burrillville for an open community meeting. The open meeting, which will be held at the Burrillville High School on July 18th from 6-9pm, will focus on Invenergy’s proposed fracked-gas and diesel fuel power plant.

“Since the power plant proposal was first announced last August, we have been asking the Governor to come meet with Burrillville residents. We are happy that the Governor has agreed to this and hear from the people who would be most impacted by the power plant project”. Kathy Martley who lives a quarter mile from the proposed power plant site.

BASE (Burrillville Against Spectra Expansion), The FANG Collective and others have been targeting the Governor for several months over her support of the plant. The groups have shown up at dozens of the Governor’s public events with “Save Burrillville: No New Power Plant” signs and have led multiple call-in days to the Governor’s office. On April 19th the groups held a sit-in at the Governor’s office where one person was arrested after refusing to leave. One of the demands of the sit-in was that the Governor travel to Burrillville and meet with residents.

But activists say that tone of the visit to Burrillville will largely be dependent on whether the Governor vetoes or signs into law a Bill moving through the State House that would give residents more control of the power plant approval process. The Bill is being championed by Representative Cale Keable and Senator Paul Fogarty, both of Burrillville.

“We want the Governor’s visit to Burrillville to be informative but also be a celebration of the Keable/Fogarty bill becoming law. This is the Governor’s climate legacy moment. To veto this bill, and take away the voice of Burrillville residents, would forever tarnish her environmental record”. Nick Katkevich of the FANG Collective.

The Bill, which would let Burrillville residents vote on any tax agreement made between the power plant company and the town council, passed the House of Representatives 64-7 and is scheduled for second hearing in the Senate Judiciary Committee on Wednesday.

[From a press release]

Mattiello’s budget helps insurance companies, underfunds health regulators


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Budget BriefingThough Speaker Nicholas Mattiello refuses to call them budget cuts, OHIC, the Office of the Health Insurance Commissioner, will suffer a 75 percent reduction in staff under the new budget unveiled last week. One health care advocate called the reduction in staff “a complete surprise.”

These cuts will reduce the effectiveness of OHIC in advocating for lower rates for consumers in Rhode Island, and are seen as a major giveaway to the health insurance industry.

A letter being widely shared throughout the health and medical advocacy community has been shared with RI Future:

The budget passed by the House Finance Committee June 8th cut 9 full-time staff from the Office of the Health Insurance Commissioner (OHIC), effective FY2017. This 75% cut in staffing leaves only the Commissioner, an administrative assistant, and one additional staff member to manage the functions of the office.

  • The 9 positions that have been cut are essential for OHIC to carry out health insurance premium rate review, which OHIC uses to protect consumers from excessive rate increases; health benefit plan form review, which ensures that mandated services are covered, including preventive services like cancer screening; market conduct examinations (for example, mental health parity); and addressing consumer and provider complaints.
  • Rate review alone has saved Rhode Island employers, employees, and consumers $196 million since 2012, including $40 million in 2015.  These savings come from the Office’s review which can lower premium rates requested by insurers while ensuring that rates are based on sound actuarial standards.
  • OHIC also reviews rates for Medicare Supplement Plans, which saves money for Rhode Island’s seniors, Student Health Plans, which saves money for students, non-Affordable Care Act Health Insurance Plans, and Dental Plans.

“If these cuts remain:

  • OHIC will not have the staff to conduct adequate rate and form reviews, which will harm the state’s ability to protect consumers and employers from excessive premium rate increases.
  • OHIC’s capacity to address consumer and provider complaints about insurer business practices will be severely limited, since staff to manage these cases is cut in the proposed budget. This will negatively affect Rhode Islanders. For example, OHIC investigated a company issuing short term limited duration coverage. The investigation discovered improper denials by the insurance company and OHIC required the company to pay improperly denied claims totaling $36,697.
  • OHIC will not be able to adequately review health benefit plan forms. This means that there will be no watchdog to ensure that state mandated benefits are covered and covered fairly (parity), including services for mental health and substance abuse disorders, ensure that discrimination does not occur, and ensure that services are not unfairly excluded.
  • OHIC will no longer have adequate ability to protect consumers from unscrupulous companies issuing non-compliant and misleading insurance plans.

“Rate and form review is a key component of health reform. It must be carried out by state governments, because the federal government does not have the authority to deny or modify premium increases in the states. In recent years the federal government has provided start-up and development grants to states to build and enhance rate review and oversight initiatives as a means to protect consumers and improve insurance affordability, with the expectation that states would continue the work. Rhode Island’s grants have allowed us to maximize our statutory authority to review rates and forms and to build one of the most comprehensive health oversight agencies in the country – but no further grant opportunities are being made available by the federal government.

“The 9 positions sought by the Administration for OHIC are integral to having a well-resourced watchdog agency in place to protect and maximize savings for employers, employees, and consumers.  Only a well-resourced OHIC can provide the necessary level of oversight to protect Rhode Island consumers and businesses.”

Screen Shot 2016-06-13 at 1.16.36 PM

Last week Speaker Mattiello defended the cuts at the Budget Briefing under questioning from Representative Teresa Tanzi. Mattiello said that these jobs were only made to last as long as there was federal funding to support them.

Demonstrators tell National Grid: #NOLNGinPVD


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2016-06-08 NO LNG 006A demonstration to bring attention to the $100 million fracked, liquefied natural gas compressor station National Grid is trying to build in South Providence was held outside the company’s location at the corner of Allens Ave and Terminal Rd Wednesday afternoon. The demonstration was a joint effort of the FANG Collective, Environmental Justice League of RI (EJLRI), area residents and other community and environmental organizations.

The organizers see the expansion of chemical industries in this area of South Providence as “a clear example of environmental racism as all 11 of the EPA‘s identified toxic polluters in Providence are already in this zip code, which is predominantly low-income people of color.”

The impact and dangers of this project have been outlined by the EJLRI in detail here in a series of articles. The demonstrators have a Twitter hashtag: #NOLNGinPVD

There was a heavy police presence in the area, including a “prisoner transport van and numerous police cars. This was in addition to whatever private security National Grid employs. The heavy policing of local environmentalists and activists has been an ongoing issue in South Providence.

The dirt and soil all along this are near the port and along the bay may be contaminated with some pretty bad chemicals. When digging into that dirt, the soil needs to be tested and precautions, such as covering piles of dirt with large tarps to prevent the contaminated soil from blowing away and contaminating the air, water or nearby, previously uncontaminated areas. So it was with some surprise that I note the large piles of dirt behind the fence at National Grid, created during building project and uncovered by tarps.

Edit: David Graves, spokesperson for National Grid explains: “The soil you’re referring to is the extra dirt that is taken from the ground during gas main replacement. Because of the space taken up by the new mains and the pavement, there is always a certain amount that won’t fit back into the excavation. It’s brought to the Allens Ave. property, sifted and kept on site for future use.”

2016-06-08 NO LNG 009

I did learn a fun game. Standing with the demonstrators and taking pictures on Allens Ave, I noticed that some of them were taking pictures of passing chemical trucks, like this one:

2016-06-08 NO LNG Chemical Truck 1791

By noting the number on the DOT Hazard Class sign, and looking up the chemical on your cell phone, you can learn exactly how you would suffer and die were that truck ever to be in an accident too close to you. For instance, the truck above has a DOT Hazard Class 1791:

2016-06-08 NO LNG Chemical Truck 1791 (detail)

Here’s what you will find out about Sodium Hypochlorite:
ACUTE TOXICITY – Danger Corrosive
INGESTION-
Ingestion of a few ounces can cause corrosion of mucous membranes, swelling of the throat, perforation of the esophagus and stomach, vomiting, colitis, and circulatory collapse. May lead to convulsions, coma or death
EYE / SKIN-
Liquid contact can produce irritations of the skin with blistering. Direct contact with eyes may cause redness, pain and in the case of concentrated Hypochlorite ( 20% by volume), permanent damage.
INHALATION-
Inhalation of mist or fumes can cause bronchial irritation, cough, difficult breathing, inflammation of the mouth, nausea, and in severe exposures, pulmonary edema. Material has odor of chlorine.
Fun, right?
Try it yourself.  Here’s a truck carrying DOT Hazard Class 1824:
2016-06-08 NO LNG Chemical Truck 1824
Here’s the least dangerous truck with a DOT Hazard Class sign that rumbled past in a ten minute period, 3257.
2016-06-08 NO LNG Chemical Truck 3257
I took these three pictures within ten minutes of each other. At least 20 such trucks pass by every hour.
This is what environmentalists mean when they talk about sacrifice zones. Trucks like these never trundle through neighborhoods on the East Side or East Greenwich. Yet this part of Providence is a neighborhood, with nearby hospitals, schools, businesses and homes.
People live here.
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Raimondo non-committal on Keable/Fogarty bill veto


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2016-06-09 FANG BASE RaimdoonOn Thursday evening members of BASE (Burrillville Against Spectra Expansion) and The FANG Collective spoke with Governor Gina Raimondo outside of a community event in Providence.

During the exchange the Governor was given information on the impacts of MTBE contaminated water and she pledged that on Friday she will officially announce the date of her community meeting in Burrillville.

The Governor first agreed to come to Burrillville to meet with residents during an event on May 9th and her staff has since suggested that the community meeting will be during the first week of July. We look forward to confirming this date with the Governor tomorrow.

Unfortunately Governor Raimondo was noncommittal on the Keable/Fogarty bill and said that she will make a final decision on it once it reaches her desk.

Let’s make sure that the Bill gets to her desk.

Please email Senate President Teresa Paiva Weed (sen-paivaweed@rilegislature.gov) and Senate Judiciary Chairman Michael J. McCaffrey (sen-mccaffrey@rilegislature.gov) and urge them to move S3037 to a full vote on the Senate floor.

And let’s keep the phone calls and emails coming to Governor Raimondo urging her support the Keable/Fogarty bill: (401) 222-2080, governor@governor.ri.gov.

[The above was written from a press release. The video was released by the FANG Collective]

Burrillville Democratic Town Committee opposes power plant


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2016-03-22 Burrillville 001WHEREAS, Invenergy’s Clear River Energy has proposed a $700 million project to construct a natural gas-fired electric power plant in the Town of Burrillville, which will consist of two single shaft “H” Class combined cycle units with output up to 1000 Mega watts, air cooled condensers and duel fuel capability (natural gas and oil back up) and is schedule for a June 2019 commercial operation date for Unit 1 and 2020 for Unit 2 and;

WHEREAS, the Burrillville Democratic Town Committee has deep reservations and concerns about the safety and quality of life for local residents if the Clear River Energy Center comes to fruition, and;

WHEREAS, the Burrillville Democratic Town Committee has historically and proudly striven to protect the rural character of Burrillville and Northern Rhode Island through legislative means and does now believe that the town’s infrastructure will be tested beyond limits to support the proposed power plant, and;

WHEREAS, the Burrillville Democratic Town Committee has been and will always continue to be a strong supporter of our environment and protector of our piece of a rural, tranquil corner of the state, which has already seen the ill effects of severe water contamination and the trickledown effect of the same.

NOW, THEREFORE, BE IT RESOLVED by the Burrillville Democratic Town Committee, as tireless advocate of the core principles of the Democratic Party, in protecting the interests of working families, protecting our children and elders and those most vulnerable and fighting for sensible comprehensive planning, that it OPPOSES the construction of Invenergy’s Clear River Energy Center within the borders of Burrillville, Providence County or the State of Rhode Island and hereby goes on record of its decision to encourage the Energy Facility Siting Board to deny Invenergy’s request to locate its proposed construction in Burrillville, Rhode Island.

Passed as a Resolution of the Burrillville Democratic Town Committee this 7th day of June, 2016

The angry crowds never came to the Burrillville Town Council meeting


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BTC 02The Burrillville Town Council, through their press agent Dyana Koelsch, issued a “press release” Tuesday evening in which they laid out many of the details they are looking for in a tax agreement with Invenergy, the company that plans to build a fracked gas and diesel fuel burning power plant in Pascoag.

In the release the Town Council takes a strong stand against the Keable/Fogarty legislation that recently passed House but has seemingly stalled in the Senate that would allow Burrillville voters the opportunity to approve or reject any tax treaties negotiated by their Town Council with power plant operators. Many Burrillville residents felt betrayed by the press release, arguing that the Town Council has demonstrated that it is working against the people and in concert with Invenergy.

The decision to issue the press release was made without any apparent public announcement, hearing or vote. Town Manager Michael Wood explained that in light of the legislation introduced by Rep Cale Keable and Senator Paul Fogarty, “we felt it was necessary to get a statement out… We send these press releases where we think they need to go.” (Note: atomicsteve@gmail.com is a great place to send press releases)

BTC 01The issuance of the press release was likely decided at Tuesday night’s “special meeting” of the Town Council.  In trying to access the video of this meeting, I discovered that there was no video. “As the camera was not working, there is no video for the June 7, 2016 Town Council meeting,” according to an email from the town clerk.

Too bad. It would have been interesting to hear what discussions, if any, pertained to the issuance of the press release.

The Town Council must have been expecting fireworks at their regular Town Council meeting last night. Upon arrival I noted the presence of at least four police cars and several officers outside. There was a heavier than usual police presence inside the Town Building at 105 Harrisville Main St. as well. Present was the entire Town Council, except for Kimberly Brissette Brown, who was absent. Also present were Town Manager Michael Wood, legal counsel Oleg Nikolyszyn, Town Clerk Louise Phaneuf and Koelsch.

The large, angry crowd never materialized.

In a phone interview, Koelsch told me that her PR firm was hired by the Town Council “to help them disseminate information in the best way we can to folks in town… The Town Council needs to speak with people in town and they need to let people know what they’re doing.” Clearly the Town Council thought her expertise would be useful in dealing with the angry crowds coming to the Town Council meeting.

About 20 people showed up. Only two residents from Burrillville talked to the Town Council: Donna Woods and Jaime Tessier. Instead of attending the Town Council meeting, most Burrillville residents concentrated their energies on the Senate Judiciary hearings in the State House in Providence.

The two Burrillvillians who addressed the Town Council did not mince words.

Donna Woods called the Town Council actions in sending the press release “shameful” and “corrupt.”

“You will be remembered for generations in this town for what you have done to us,” she said.

Jaime Tessier said to the Town Council, “That letter showed a complete lack of respect for the people you are supposed to represent.”

A gloomy Council President, John Pacheco III, ran the meeting almost by rote. He did not seem happy to be there. As the Council moved on from public commentary and into the regular meeting, they did so as 20 or so Burrillville residents simply sat there and watched, silently.

After the regular business was conducted, the Council went into “executive session” to hold a meeting about the Invenergy power plant. The public was not allowed to attend. In addition the the Town Council members the closed session was attended by Wood, Nikolyszyn, Phaneuf and Koelsch. The minutes and vote in the executive session have been sealed, but after coming out of closed session the Council announced that they had passed an official resolution that echoed the main points of the press release issued the day before.

Resolution

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Rhode Island considers repealing “tampon tax”


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A bill under consideration at the Statehouse, sponsored by Representative Edith Ajello and Senator Louis DiPalma, would repeal the sales tax on tampons, menstrual products, and single-use medical supplies. If Rhode Island passes it (and we should) we would join growing ranks of states that have repealed the so-called “tampon tax”—and we would distinguish ourselves by including other medically necessary items in that repeal.

Tax policy is complicated, and many injustices (intentional or not) are hidden within it. Sales tax in general is considered a “regressive” tax, meaning that it represents a higher portion of poor people’s income than it does of wealthy people’s income. Specifically, taxes on menstrual products and single-use medical supplies penalize people for conditions that they can’t help.

Most states in the US, including Rhode Island, tax “tangible personal property” but make exemptions for select “necessities”. These necessities include groceries, food stamp purchases, medical purchases (prescriptions, prosthetics, some over-the-counter drugs), clothing, and agriculture supplies.

In Rhode Island, as elsewhere, menstrual products (including tampons, sanitary pads, menstrual cups, and panty liners), as well as single-use medical supplies (such as diabetes strips) fall under the category of “hygiene products,” and are considered “luxury items.”

They are therefore taxable.

As almost any woman could tell you, periods are not luxurious. Menstrual products are a basic necessity for reproductive-aged women; the tax is particularly unjust since it targets people already at the wrong end of the wage gap. On average, a woman will, in her lifetime, use more than 11,000 tampons or pads, and is expected to spend approximately $5,600 on these items. Of that, nearly $500 is sales tax.

The same is true for people with illnesses that require regular single-use medical supplies. People suffering from diabetes cannot “opt out” of their daily insulin checks, and those needing regular injections would hardly classify them as “luxuries”.

Of the fifty US states, forty currently tax menstrual products. In the past several years, five states (Maryland, Massachusetts, New Jersey, Minnesota, and Pennsylvania) have repealed the “tampon tax”. In Delaware, Alaska, Montana, Oregon, and New Hampshire there is no sales tax at all.

Other states have been engaging this question, and there is movement across the country to reconsider, reshape, and/or repeal the tax on sanitary products. Five states (California, Utah, Virginia, Ohio, and New York) either have active coalitions working on this issue, or have introduced bills. Several weeks ago, Chicago repealed the “tampon tax”.

Even President Obama agrees that taxing medically necessary supplies is unjust.

“I have no idea why states would tax [menstrual products] as luxury items,” President Obama said in a YouTube interview to blogger Ingrid Nilsen: “I suspect it’s because men were making the laws when those taxes were passed.”

We support this bill in Rhode Island that would re-classify menstrual products and single-use medical supplies as “necessities,” thus eliminating the sales tax on such items, and we are proud of the fine efforts of our state legislators.

Meghan Elizabeth Kallman, Robin Dionne, and Christina Morra are fellows at the Women’s Policy Institute.

On Burrillville power plant, Janet Coit shows concern for the environment and/or future lawsuits


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DSC_3258The June 2 open meeting of the Energy Facilities Siting Board (EFSB) was a rare opportunity to hear board members Margaret Curran, Janet Coit and Parag Agrawal talk openly about their thoughts regarding the process of the board in approving or denying Invenergy‘s proposed fracked gas and diesel oil burning power plant in Burrillville. That said, it’s also a bad idea to draw too many inferences about board members thoughts based on their words.

One example of this came near the end of the 45 minute meeting. Janet Coit, who directs the RI Department of Environmental Management (RIDEM) when she’s not on the EFSB, suggested directing RIDEM to expand their advisory opinions on the environmental impact to include impact on wetlands, impact on state conservation areas and the cumulative impact of all fossil fuel development in the area, including pipeline compressors and the Ocean State Power Plant.

Janet Coit
Janet Coit

It would be easy to see Coit’s suggestion, which was approved unanimously by the board, as indicative of a concern about environmental impacts and as a response to the concerns of community members who have spoken at one or more of the open comment hearings held in Burrillville. But Coit’s suggestion may be no more than an attempt to make sure all the bases are covered. Getting advisory impact statements does not take away the EFSB’s ability to rubber stamp the power plant. It just provides the board with appropriate legal cover.

Chair Curran was on board with the suggestion that the cumulative effects the fossil fuel infrastructure in Burrillville might have on wildlife, saying, “I’m partial to the bats.” But again, her concern for the bats might dissipate in the light of Invenergy’s desire to build a new power plant where it is not wanted.

Meg Curran
Margaret Curran

Coit also suggested that the EFSB take “official notice” of the court order that closed the MTBE contaminated well in Pascoag, the same well that Invenergy hopes to use to cool their turbines on the promise of cleaning up the contamination. The well was sealed after many families became due to the MTBE in their water. As a result of Coit’s suggestion the court order has become part of the official record.

There were no public comments allowed at this meeting, and no lawyers from any of the intervenors were allowed to ask questions or comment. The meeting was for the three board members to “discuss, deliberate and decide” on various aspects of the hearing process. They started by denying one “late intervention” of an abutting property owner and approving another. The difference between the two applicants seemed to be that one applicant was zoned for residential and business, a special case that may require a separate lawyer.

Parag Agrawal
Parag Agrawal

Todd Bianco, coordinator of the EFSB, ran through the current status of the advisory opinions the board has requested. Most of the opinions seem to be roughly on schedule. Surprisingly, Invenergy has yet to apply for the proper permits from the RI Department of Transportation (RIDOT). Under current rules, it would take RIDOT three months to process the applications, and Bianco said RIDOT was “unable to determine if the applications will be on time.”

The meeting ended with a discussion of how to do better outreach with the public. Bianco said that he continues to run advertisements for meetings in the ProJo and in two local Burrillville publications. This lead to a discussion of whether or not to have a Twitter account for the EFSB.

“It would be my first,” said Bianco, “I could learn how to tweet, and hashtags are a thing…”

John Niland
John Niland

DSC_3225

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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.

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


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