Gina Raimondo – RI Future

October 29, 2016

Burrillville residents refuse to drink tax treaty Kool-Aid

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2016-10-27 Burrillville Town Council 07 — Michael McElroy

Wednesday night’s Burrillville Town Council meeting hearkened back to the early days of public opposition against Invenergy’s $700 million fracked gas and diesel oil burning power plant planned for the town. Back then, we saw a public that was distrustful of the town council, and a town council that was not receptive to the idea of opposing the power plant, early on claiming to be powerless against the combined might of Invenergy, Governor Gina Raimondo’s office and regulators.

The town council then took the position, contrary to the Open Meetings Act, that people in the town were only allowed to talk about issues and subjects that were specifically listed on the town council’s agenda, cutting off discussion about the Algonquin pipeline if the power plant was on the agenda, or vice versa. In December of last year, calls from the town council to trust them elicited groans of dismay from the audience.

Then, in April of this year, it was learned that the town council had been in secret negotiations for a tax treaty with Invenergy for months. The town council was still forcing residents to only speak about “agenda items” and working hard to curtail public discussion, contrary to the Open Meetings Act. The growing resistance in Burrillville to the power plant felt disempowered. Not only were they fighting a multi-billion dollar power plant company funded by a Russian oligarch, they were fighting both the state and local governments. The fight seemed impossible and trust between the town council and residents couldn’t be worse. Or so they thought.

At an April 14 town council meeting Council President John Pacheco said that the town council learned about Invenergy’s plans when everyone else did, during a press conference held by Governor Raimondo announcing the plant, saying, “As a town council, we did not know this plant was actually going to happen until the Governor announced it.”

This turned out to be inaccurate. Videos of town council meetings from February and March of 2015, on the town council’s own website, showed the town council and state legislators paving the way for the controversial Invenergy power plant months before the governor officially announced the project. Over time some of the details about how Invenergy approached the town came to light, but the complete story, and who opened what doors to the power plant, has yet to be revealed.

The town council eventually came to a public position regarding the power plant: The town council would put on a public display of strict neutrality, taking no position for or against the power plant, until after all the advisory opinions from various town boards had been completed. This was so as to appear to not influence the outcomes of the various advisory opinions and give the Energy Facilities Siting Board (EFSB) a reason to suspect that the opinions might be slanted in some way.

State legislators Cale Keable and Paul Fogarty went a different route. They entered legislation at the state level that if passed, would give voters in Burrillville the ability to approve or reject any tax treaty negotiated between the town council and Invenergy.

The bill passed the House and was due for consideration and a vote in the Senate when the town council passed a resolution in opposition to the Keable Bill at the 11th hour, giving the Senate Judiciary Committee enough of a reason to vote down the bill. The relationship between the town council and residents was now overtly acrimonious. There were tears from Town Councilor Kimberly Brissette Brown and anger and accusations from Town Councilor Donald Fox. Residents spoke of feeling “humiliated” at the State House as the press release announcing the resolution was sprung on them by Senators Frank Lombardi and Steven Archambeault, who treated the residents with risible condescension.

2016-10-27 Burrillville Town Council 06 — Lawyers and Town Councillors strategize during break

Since that low point, the town council and residents worked to rebuild trust. Residents by this time were long past being held to arbitrary and incorrect readings of the Open Meetings Act. They spoke their minds, expressed their concerns and the town council, to their credit, finally seemed to be listening. They seemed to come together as a town when Governor Gina Raimondo visited to hear resident concerns about the power plant.

After the lengthy process of creating the advisory opinions concluded, the town council passed an extremely robust resolution opposing the power plant and asked other city and town councils in and around Rhode Island to join them in opposition. Many already have and many more are considering joining Burrillville in opposition to the plant. But the Burrillville Town Council’s opposition came with a caveat: They still planned to sign a tax treaty with Invenergy, a tax treaty that the town residents want to hold off on signing.

At issue is the timing. The town council maintains that they have negotiated a solid tax treaty that will protect the town in the event the power plant is built, and guarantee a steady stream of income to the town. The residents want to wait until after the EFSB decides on Invenergy’s application before signing any treaty. Right now, the power plant’s application is suspended, pending Invenergy’s search for a new source of water. Signing the tax treaty, say residents, gives Invenergy extra leverage in negotiating a deal with another municipality, like, let’s say, Woonsocket, to purchase water. The town’s opposition to the power plant must be unified and consistent. Opposing the power plant with a resolution sends one message, signing a tax treaty with Invenergy sends another.

At Wednesday night’s hearing, Attorney Michael McElroy, who negotiated the tax treaty, said that the opposing the power plant and signing a tax treaty were not inconsistent actions and would not be seen that way. “I want to make it… clear that I see no inconsistency between entering into these agreements and dead set opposition to the plant,” said McElroy.

But McElroy is a lawyer. He is not a business man trying to buy water to cool a power plant. What businessman wouldn’t mention the tax treaty as proof that the town council is actually okay with having the power plant sited in their town? The resolution in opposition will be described behind closed doors as merely political theater, something to satisfy the rubes while the real business of government is imposed by the movers and shakers in secret meetings paid for with political contributions.

McElroy did his best to sell the tax treaty to the residents. He spent 45 minutes outlining the deal, expressing the need for a treaty. One reason McElroy gave, that didn’t sit well with residents, was that, “I want to get paid.” The money generated by this tax treaty will give the Town of Burrillville the money it needs to fight the siting of the power plant all the way to the Supreme Court, if need be. The lawyers and experts needed to fight such a case cost money, said McElroy, who included himself in those expenses.

McElroy suggested that if the town council did not pass the tax treaty, Invenergy might pull it off the table. He assured the audience that contrary to what Conservation Law Foundation senior attorney Jerry Elmer says, the plant will be built without a tax treaty in place.

Residents weren’t buying it. Towards the end of what turned out to be a five hours plus meeting, it was obvious that the town’s people were not willing to drink the tax treaty Kool-Aid. Forty people spoke against passing the tax treaty. Two spoke in favor of trusting the town council and McElroy’s advice.

Ultimately the town council recessed without doing anything on the tax treaty. There is a plan to take up the issue again next week.

2016-10-27 Burrillville Town Council 03 — Midnight, during a short break

October 25, 2016October 25, 2016

‘We have no fossil fuel industry here in Rhode Island,’ said Governor Raimondo this morning, but actually…

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Governor Gina Raimondo was the introductory speaker Tuesday morning at the AWEA Offshore WindPower 2016 conference in Warwick. Raimondo spoke to the conference attendees, mostly representatives of various wind power companies and allied industries, with some federal and state government employees on hand as well. Raimondo was keen on selling Rhode Island as a place for the growth and development of renewable energy such as solar and wind.”

“I am an advocate for the environment,” said Raimondo, “and I usually begin my comments in audiences such as these talking about the reality of climate change… Climate change is real, caused by human activity and not going to go away on it’s own. It’s up to us, policy makers, business leaders, entrepreneurs to meet the challenge of climate change.”

Comparing the problem of climate change to her work on pension reform, Raimondo said, “Climate change isn’t that different from big, thorny fiscal issues, which is to say it’s not going to go away unless we take action and it’s only going to get harder the longer we wait. So we have to meet the challenges of climate change with urgency and a seriousness of purpose, in the same way we would with other fiscal challenges.”

The governor then made her pitch for creating jobs in the state. “As Governor of Rhode Island I want my state to be a leader. Number one, it’s the right thing to do, number two, I want our state to be known as the state that solves problems and meets challenges. But number three, the silver lining in meeting the challenge of climate change is that we can create jobs.

“The good news here is that we can create jobs in solar, in wind, in energy efficiency, and those are the kind of jobs that I want to have here in Rhode Island.

“My message is that all the things about Rhode Island that enabled us to be first, with Deepwater Wind, are the reason you ought to think about doing business in Rhode Island,” said Raimondo, before making a very questionable claim that, “we have no fossil fuel industry here in Rhode Island. We’re not ‘as attached’ to [the] ‘good old’ fossil fuel industry. That’s a big deal. That means we have a culture embracing of this industry [wind energy].”

The governor’s press secretary, David Ortiz, later clarified what Governor Raimondo meant by this statement, saying that, “her point was that the state has no fossil fuel deposits and does not extract natural gas, crude oil or coal.”

2016-10-25-wind-conference-02 — Jeff Grybowski

Though this is true, it does not follow that Rhode Island has a “culture” embracing alternative energy. The fossil fuel industry has a giant economic, political and environmental presence in the state.

Putting aside the proposed Burrillville power plant, or any other of the proposed LNG infrastructure expansions in various stages of being approved, “Rhode Island’s Port of Providence,” according to the US Energy Information Administration (USEIA), “is a key regional transportation and heating fuel products hub” and “natural gas fueled 95 percent of Rhode Island’s net electricity generation in 2015.”

The USEIA goes on to say that Rhode Island “does not produce or refine petroleum,” as Raimondo’s office clarified, but, “Almost all of the transportation and heating fuel products consumed in Rhode Island, eastern Connecticut, and parts of Massachusetts are supplied via marine shipments through the Port of Providence. The port area has petroleum storage tanks, and a small-capacity petroleum product pipeline runs from the port to central Massachusetts.”

Rhode Island is heavily dependent on LNG imports. “Electric power generators and the residential sector are Rhode Island’s largest natural gas consumers. More than half of the natural gas consumed in the state goes to the electric power sector and almost all in-state electricity generation is fueled with natural gas,” says the USEIA, “Historically, natural gas has arrived in Rhode Island from producing areas in Canada and from the U.S. Gulf Coast and Mid-Continent regions, but increasing amounts of natural gas are coming from Appalachian Shales, particularly the Marcellus Shale of Pennsylvania.” This makes Rhode Island heavily dependent on fracked gas for its power generation.

And finally, as far as the dirtiest fossil fuel, coal, goes, “Providence is one of the leading coal import centers in the northeast, receiving one-tenth of the imported coal delivered to eastern customs districts in 2015. The state is part of the six-state Independent System Operator-New England (ISO-NE) regional grid. And, although Rhode Island and Vermont are the only two states in the nation with no coal-fired electricity generation, the ISO-NE grid remains dependent on coal-fired facilities during periods of peak electricity demand.”

So, although Rhode Island has no industry producing or refining fossil fuels, Rhode Island is heavily burdened and intertwined with the fossil fuel industry. We are soaking in fossil fuels as an importer and exporter. We fund the fracking of America with our energy choices, and even as we are economically and politically dictated to by companies like National Grid, Spectra, Invenergy and Motiva (a subsidiary of Saudi Aramco and Shell Oil Company, we bear the environmental scars of their abuse of our habitats and our health.

This is the fossil fuel industry in Rhode Island.

It is massive and it is killing us.

Also speaking at the AWEA Offshore WindPower 2016 conference was Deepwater Wind’s Jeff Grybowski, Senator Sheldon Whitehouse and Representative David Cicilline.

October 24, 2016October 25, 2016

Burrillville Town Council about to have its Gaspee moment

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On Wednesday the Burrillville Town Council will be discussing the proposed tax treaty with Invenergy, the company that wants to build a $700 million fracked gas and diesel oil burning power plant in the town. The timing of this discussion could not be worse. Invenergy just successfully petitioned the Energy Facilities Siting Board (EFSB), the governmental body tasked with with approving or rejecting the plant, for a 90 day extension on their application. Because Invenergy can’t find the water it needs to cool the plant, for the first time the company is on the ropes. Approving a tax treaty at this time will give the company a much needed win, and might turn the tide in their favor.

Invenergy is searching for the water they need. An Access to Public Records Act (APRA) request from RI Future has revealed that Woonsocket Mayor Lisa Badelli-Hunt’s office has had two meetings with Invenergy officials. On September 7 there was a 30 minute meeting and on September 20 there was a 60 minute meeting. Other meetings may have occurred since then. We know from statements made at the October 3 Woonsocket Town Council meeting that these discussions were not about siting the plant in Woonsocket. These discussions, assumed to be ongoing, are about water. Whatever bargaining position Invenergy has in their discussions with Woonsocket, or any other entity contemplating providing the water Invenergy needs, will be enhanced by the existence of an approved tax treaty.

Passing a tax treaty will send mixed signals to the rest of the state. On September 22 the Burrillville Town Council issued a strong statement in opposition to the proposed power plant. They sent out missives to cities and towns through Rhode Island, Connecticut and Massachusetts asking for other town and city councils to pass resolutions in solidarity with Burrillville. So far at least four municipalities have done so, Lincoln, Glocester, North Smithfield and Middletown. How foolish will these councils feel if Burrillville proceeds to negotiate with the company they’ve asked for support in opposing? How eager will other municipalities be to pass their own resolutions going forward?

Jerry Elmer, senior attorney for the Conservation Law Foundation (CLF) believes that the Town of Burrillville “is under zero obligation to enter into a tax treaty,” adding, “By ‘zero obligation,’ I mean: zero legal obligation, zero ethical obligation, zero political obligation. The Town has tax laws on the books, and those existing tax laws will determine Invenergy’s tax obligation if there is no tax treaty.

“Invenergy can (and likely will) make all kinds of threats about what will or will not happen in the absence of a tax treaty, but the threats are empty,” continues Elmer, “The bottom line is that: (a) The Town can simply choose not to enter into a tax treaty. (b) If the Town chooses not to enter into a tax treaty there is nothing that Invenergy can do. (c) If the Town chooses not to enter into a tax treaty, it is virtually certain that Invenergy will go away.

“But can’t Invenergy sue the Town of Burrillville to try to force the Town to enter a tax treaty?” asks Elmer, before answering, “Technically, the answer is “yes,” Invenergy can sue the town – and, yes, the town would have to spend some money to defend such a lawsuit. But Invenergy could not win such a lawsuit. Remember what law school professors like to say: ‘You can always sue.’ I can sue you for wearing a blue suit (or for your taste in movies). But just because one can bring such a stupid, frivolous lawsuit does not mean that one can win such a stupid lawsuit.

“So, too, with Invenergy and a tax treaty. The Town of Burrillville can decline to enter into a tax treaty with Invenergy, and there is nothing Invenergy can do to force the issue.

“The message to each and every member of the Town Council is simple, so simple it can be put into a single sentence: ‘Vote down any tax treaty.’ Or: ‘Don’t even vote on a tax treaty.’ Or: ‘Don’t vote on a tax treaty, and don’t approve a tax treaty.’ None of those sentences is complicated; none of those involves weird, technical legal mumbo-jumbo. Everyone can understand the point.”

Attorney Alan Shoer, of Adler Pollock & Sheehan, has been representing Invenergy during their application process in front of the EFSB. A look at Shoer’s bio page on his law firm’s website runs down his skills and accomplishments. Shoer is presented as an expert in “all aspects of energy, environmental, and public utility law.” He has “experience in wind, solar, hydro and other renewable energy matters,” and “has represented developers, investors, contractors, utilities, and municipalities in several successful and innovative sustainable energy projects.”

Note what Shoer does not include in his online resumé: Anything at all to do with his strong advocacy for companies that want to expand Rhode Island’s dependence on fracked gas.

Like Governor Gina Raimondo, who never misses an opportunity to publicly champion wind and solar power but downplays her support of fracked gas, and like Senator Sheldon Whitehouse who humbly accepts the laurels heaped upon him for his environmental activism in the Senate but can’t find the time to publicly oppose fracked gas infrastructure in his own state, Alan Shoer seems to want his paid advocacy for fossil fuels companies like Invenergy to go unnoticed.

And this is for a good reason: Twenty years from now, no one will want their name to be attached to the moldering LNG monstrosities, brown fields and contaminated properties left in the wake of the coming fossil fuel collapse. Who wants to tell their children and their grandchildren that they helped destroy the environment when they knew the world was under threat and they knew that they were championing a dying and deadly industry? Carefully shaping their public image today is a way, hopes Raimondo, Whitehouse and Shoer, of shaping the way history will judge them.

But we won’t let the world forget their part in this, will we?

This is why Invenergy would be foolish in suing Burrillville. Not only can they not win, as Jerry Elmer points out above, but in doing so they will be exposing themselves as the villains they are. Burrillville may have to spend money defending themselves against such a lawsuit, but I will bet that most or all of the money Burrillville needs to defend themselves could come from something like an online GoFundMe effort. Fracked gas is enormously unpopular in New England, and becoming more unpopular by the day. Only those who continue to believe the lies of the fossil fuel companies, (and they’ve been lying for decades about climate change, as it turns out) that is, the most gullible or ideologically pathological, believe that fossil fuels are the future.

About 244 years ago, a group of Rhode Islanders in Warwick stood up against British tyranny and torched the Gaspee, starting a series of events that led to the American Revolution. Today, in Burrillville, a group of Rhode Islanders is standing up to the fossil fuel oligarchy and when they win, it will mark a turning point in the climate change battle, and the effects could be as significant as those at Gaspee Point in 1772. Rhode will become, in the words of Timmons Roberts, writing for the Brookings Institute, “a leader of a new energy age for the U.S.,” instead of “a middling actor locked into fossil fuel infrastructure for decades.”

The Burrillville Town Council has an opportunity Wednesday night to save the town, the state, and the world.

Be there.

October 13, 2016October 14, 2016

EFSB sentences Burrillville to 90 days of existential uncertainty

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20161013_114807 — Pre-hearing lawyer chat

Amid audience shouts of “Shame on you!” and “Merry Christmas, Invenergy!” the Energy Facilities Siting Board (EFSB) voted unanimously to grant Invenergy a 90 day suspension on their application to build a $700 million fracked gas and diesel oil burning power plant in Burrillville, effectively quadrupling Invenergy’s previous 30 day extension.

Once Pascoag voted to terminate their letter of intent with Invenergy to provide water to cool Invenergy’s proposed power plant, and Harrisville also declined to provide water, the company asked for 30 days to find an alternative source. They were granted a 30 day extension 30 days ago and despite negotiating with Woonsocket for the water needed to oil the power plant, nothing concrete was presented at today’s hearing.

Instead we heard Invenergy lawyer Alan Shoer claim that Pascog’s termination of their letter of intent came “very late in the process, after almost a year of working with Invenergy.” This made it impossible for Invenergy to come up with an alternative plan, complained Shoer. Attorney Jerry Elmer with the Conservation Law Foundation (CLF) later countered that “Invenergy made a careful, conscious, deliberate decision to file an application with the EFSB that had very tight, strict, statutory deadlines for things happening, before they had a secure water source… That was Invenergy’s sole election.”

In other words, continued Elmer, Invenergy knew that their non-binding letter of intent “may not result in a water source.”

The 90 day suspension comes with the minor caveat that Invenergy provide a status update in 60 days. The update must show concrete progress in securing a water source, though it is unclear what penalty Invenergy may face if they do not deliver an update that is satisfactory to the board. Criteria for the update seemed sketchy.

In 90 days, Invenergy must be able to present a water source to the board, along with a plan to transport the water to the location of the power plant. Burrillville recently provided a list of criteria that board member Janet Coit suggested would need to be satisfied for the suspension to be lifted. The criteria includes the source of the water, the means of transmission of the water, and the disposal of waste water, among other concerns.

In the event that Invenergy is unable to come up with a water supply, Coit suggested that the EFSB might be open to further suspensions at that time, effectively suggesting unlimited time for Invenergy to get their application in order, unless the board decides to dismiss the application per the motions from the Conservation Law Foundation and the Town of Burrillville.

Lawyer Michael McElroy gave a stellar speech to the board in support of dismissing Invenergy’s application, even going so far as to quote Marvel Comics’ Stan Lee. McElroy also directly confronted Chair Margaret Curran and board members Parag Agrawal and Janet Coit about concerns that the EFSB’s process “may be dictated by” Governor Gina Raimondo.

“The Town of Burrillville does not want this plant,” said McElroy, “I think that’s been made clear to this board. This plant would be a polluting monster that violates the town’s comprehensive plan and zoning ordinances and would negatively impact impact the quality of life for all Burrillville residents.

The EFSB, continued McElroy, “has been given extraordinary legal powers to grant permits that would otherwise be granted by my client, the Town of Burrillville. You have in essence become, among other things, the town’s planning board, its zoning board and its building inspector. But with such great power comes great responsibility. Your most important power and responsibility is to fully, fairly and impartially evaluate all of the issues that come before you after hearing from all of the parties on those issues.”

“The residents of the town and my clients have become concerned that throughout this process that the board’s votes on this process may be dictated by the governor, who has repeatedly and publicly expressed her support for this project despite the town’s overwhelming opposition. This board’s ill-advised and illegal previous attempts to silence the town and prevent it from being heard today only reinforces that concern.

McElroy urged the board to dismiss the docket, not suspend it. “Suspending the docket instead of dismissing it would give Invenergy what amounts to a gift of an indefinite suspension,” said McElroy. “The town has been fighting this battle now for almost a year at great monetary and emotional expense.”

McElroy’s fiery comments stand in sharp contrast to those of Jerry Elmer, who added that though the lack of water was a major issue that precipitated the motion to suspend, there was also the issue of a lack of information from Invenergy that caused six of the twelve advisory opinions to the board to be submitted incomplete.

After the board rendered its decision those watching the proceedings left the room singing “We shall overcome.”

Those from Burrillville I talked to were angry and disappointed by the ruling. They feel the process is corrupt and stacked against them. They feel that they are being forced to attend yet more town and city council meetings throughout the state in an effort to garner support and prevent the sale of water to Invenergy. Their holidays will now be filled with research, activism, environmental reports and endless meetings in towns and cities throughout the state and beyond to garner support for their cause and to prevent Invenergy from securing a source of water.

Yet though the process seems corrupt and Invenergy seems intent on grinding away their resolve, the people I talked to were adamant that they would not give up or stop fighting.

October 6, 2016October 6, 2016

While championing renewables, Raimondo dog whistles fossil fuels

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“At breakfast this morning my nine year old, out of the blue, said, ‘Mom, what are you doing about climate change?’” said Governor Gina Raimondo at a press event in the offices of Newport Solar on Monday, “What a perfect day to ask the question! So I told him all about this and he was proud of me that we were on that.”

Newport Solar in North Kingstown is where Raimondo chose to kick off National Energy Awareness Month with her new Office of Energy Resources (OER) commissioner Carol Grant. Newport Solar is a Rhode Island leader in solar installation, and its successful efforts should be lauded.

“Our clean energy sector in Rhode Island has created a slew of new opportunities for education and jobs, and that will continue as we move forward in building the clean energy industry,” said Raimondo at the event.

Commissioner Grant spoke about Rhode Island’s high ranking in the State Energy Efficiency Scorecard. The American Council on Energy‐Efficient Economy (ACEEE) recently ranked Rhode Island fourth in the country for best energy efficiency programs and policies. “We want to educate Rhode Islanders on the many benefits of the state’s energy efficiency and renewable energy programs,” said Grant, “and we look forward to further developing a future of clean, affordable, reliable and diversified energy.” [italics mine]

Also at the event was Michael Ryan, Vice President of Government Affairs at National Grid, encouraging Rhode Islanders to save energy.

Energy in Rhode Island needs to be “affordable, reliable, and clean” said Raimondo, “It’s got to be all three, and it can be all three.”

Later, Raimondo’s three criteria had mysteriously become four, or more. “So I’m going to continue to lead and push, as your governor, towards more clean, affordable, and reliable and diversified energy sources… to lead the nation in more and more sources of clean, renewable, affordable, sustainable energy.”

Towards the end of the presser, National Grid’s Michael Ryan, ironically standing in front of a large Newport Solar banner emblazoned with the tagline, “Think outside the grid,” mis-repeated Raimondo, saying that the energy must be “efficient, affordable and reliable.

“Those are key with National Grid.”

In the video below you can watch the complete press event. Solar, wind and efficiency were lauded but fracked gas, the third leg of Raimondo’s energy policy, and a key driver of National Grid’s business, was never mentioned except via subtle dog whistles.

These dog whistles are words like reliable, diversified and efficient. These are the words anti-environmentalists use when they want to scare us into accepting fracked gas as a bridge fuel, like when Rush Limbaugh said, “Solar panels are not sustainable, Millennials. May sound good, yes. ‘Clean, renewable energy.’ But what do you do when the sun’s down at night? What do you do when the clouds obscure the sun? We’re not there yet.”

Limbaugh admits that solar panels are clean and renewable. But he’s doubting their reliability and sustainability.

This is how a politician like Raimondo can appease companies like National Grid, which are actively working to expand Rhode Island’s dependence on fossil fuels, while publicly talking only about the work she’s doing on energy that’s actually clean and renewable.

On April 13 Raimondo appeared at a solar farm in East Providence to announce the results of the 2016 Rhode Island Clean Energy Jobs Report released by the Rhode Island OER and the Executive Office of Commerce. At this event Marion Gold, who publicly supported the power plant planned for Burrillville, was still the OER commissioner.

“The clean energy economy is supporting nearly 14,000 jobs,” said Raimondo, “a forty percent increase from last year. That is amazing.”

The press release for this event noted that this job growth was likely the result of the “maturation of the solar industry, start up activity in smart grid technologies, and the progress made on the construction of the Block Island Wind Farm.”

There was no mention at this event of fracked gas, Burrillville, Invenergy, Spectra pipelines, or National Grid’s expansion of LNG at Fields Point, until reporters asked the governor about it directly, at which point Raimondo somewhat reluctantly admitted that she does in fact support Invenergy’s $700 million fracked gas and diesel oil burning power plant planned for Burrillville.

In Raimondo’s capacity as vice chair of the Governors’ Wind Energy Coalition she was proud to “support the foresight of my colleagues to broaden the Coalition’s focus and include solar energy development as a policy priority. Wind and solar provide complementary benefits to the U.S. electric grid and will help diversify the country’s energy mix. The need for states to take a broader view of renewable power is clear.”

Again, no mention of her support for fracked gas.

Raimondo has consistently touted her support for renewables like wind and solar, only occasionally voicing her support for fracking. Raimondo never holds a press release in front of a fracked gas pipeline or compressor station. She holds them at wind turbines and solar farms, giving the appearance of a strong leader on the environment.

But National Grid and Invenergy need to know she’s on board with their plans, so she signals her support during the press conference with careful phrasing.

And if the governor’s phrasing is off message, National Grid’s Michael Ryan will misquote her. “Clean” energy is out, “reliable” energy is in. In other words, “Let them eat fracked gas.”

Raimondo’s choice of location for her press conferences demonstrates that if she is not embarrassed by her support of fracked gas, she at least is beginning to recognize how history will ultimately judge her support.

As Bill McKibben said in a recent message to Rhode Island, “Five to ten years ago we thought the transition was going to be from coal, to natural gas as some sort of bridge fuel, onto renewables and now, sadly, we realize we can’t do that in good faith, because natural gas… turns out to be a dead end, not a bridge to the future but a kind of rickety pier built out into the lake of hydrocarbons.”

Fracked gas was well known to be a bad idea when Raimondo stood with Invenergy’s CEO Michael Polsky and tried to sell the idea to Rhode Island. Raimondo’s support for Invenergy’s power plant was a massive political blunder with consequences not only for her political career, but for the future of Rhode Island and the world.

A future, and a world, her children will be living in.

October 4, 2016

Up Against a Wall with 6/10

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Mayor Jorge Elorza appeared with his team from Providence Planning to present a draft proposal for the 6/10 Connector Monday night. The plan took the form of a parkway.

The looming context of the meeting was Governor Gina Raimondo’s September 7th announcement to rebuild the highway as-is. Though the bridges in question remain open to car and truck traffic, Gov. Raimondo and Rhode Island Department of Transportation Director Peter Alviti have maintained that the condition of the bridges creates an emergency situation in which the planning process must be severely curtailed. On the 7th, Director Alviti stated that the surface boulevard was “dead”. [It seems like this would be well known, but for full disclosure, that boulevard proposal came through the group Moving Together Providence, of which I am one founding member].

If there had been any hopes that the City of Providence would reignite the boulevard proposal, it did not happen Monday. The parkway plan honed very close to the design of a highway. The city’s plan made a number of changes to the RIDOT proposal that improved neighborhood connectivity through biking and walking access.

I’m going to take off my objective journalist hat and comment on some things I liked and did not like, as well as some things I continue to have questions about, as we move forward.

Good: Reclaiming Land

While the parkway continues to take up an extraordinary 240’ of width, the city’s plan nonetheless reduces the footprint in places to half of what the highway would be. This has allowed the city to claim fifty of the seventy acres originally expected to be developable under the surface boulevard proposal.

The Providence proposal reclaims significant land in Olneyville, with a phase two proposal to extend DePasquale Square into about half of the 13 acres of Federal Hill that were lost to the Dean Street exit/entrance ramps.

Good: Creating new connections for Smaller Streets like Magnolia and Tobey

As a former resident of Tobey Street, one of my favorite proposals was changing the Tobey Street on-ramp into a bridge connecting Federal Hill to Olneyville. Street grid connections like this are a good idea.

Bad: Continued Use of Traffic Pseudo-Science

Traffic engineers who are in any way honest understand that it does not make sense to do traffic counts on a road and then plan capacity for that roadway accordingly. Numerous highways have been removed and seen a significant part of the traffic that uses those highways disappear, and this is such a common occurrence that it is now a routine understanding. Given the political context of pressure from RIDOT to reify traffic counts, the City of Providence Planning Department did the logical thing, which was to base its various proposals on projections about how many cars would be on 6/10. This is going to make many of the otherwise reasonable proposals less livable. It’s a shame to see the boulevard proposal die on the western half of the roadway that inspired Cheonggyecheon.

Good: Preserved Space for Enhanced Amtrak and MBTA Upgrades

While Amtrak continues to look into whether to reorient the highly-traveled Northeast Corridor through Worcester instead of Providence, the Planning Department’s proposal to keep land open for enhanced rail travel is an important part of the economic and quality-of-life picture.

Bad: Stroad Design for Connecting Streets

The images used for connecting streets were four lane roads with anemic looking bike lanes alongside them. Urban streets should be two lanes, with even the most traffic-oriented streets getting two lanes with a turn lane. The bike lanes put in these proposals are anemically narrow (Dutch infrastructure goes for 4 meters to allow bikes to pass one another) and is without separation. These streets need a road diet.

Bad: Bait-and-Switch on the Roundabout

The Providence Planning proposal made use of a widely circulated image of a raised roundabout in the Netherlands, which serves bicycles crossing a Dutch highway. Problematically, this image was intended to go besides a proposal for a raised car roundabout to connect Routes 6 East and West and Route 10.

Roundabouts are not inherently a bad idea, but the use of this Dutch image is misleading. (Surface) roundabouts are an economical and safe way to connect roads that are high volume. (Would a raised roundabout that of course has many structures holding it up be cost-effective? That remains to be seen). They cost less than signalized intersections and usually allow more steady flow of traffic, causing them to be the default treatment in some states. Smaller roundabouts like the one carried out in Poynton, UK can be used in such a way as to create more pedestrian friendly areas while moving a surprisingly large number of vehicles. Larger roundabouts like those seen on Parisian boulevards can also carry a lot of traffic, but are being greatly curtailed as Paris attempts to revitalize the pedestrian connections around its major squares. Dutch bike design takes pedestrian and bike crossings away from roundabouts, while using them as a connection for cars.

In short, the roundabout should be understood as what it is: part of the parkway (which is really just a word for a scenic highway). The other connections need to put bike, pedestrians, and transit in the forefront.

Bad: No Real RIPTA Vision

While Providence Planning presented its efforts to remove cars from Olneyville Square via the raised roundabout as a way of improving through-flow of RIPTA buses, this follows the same induced demand logic that other traffic congestion schemes follow. Making a more direct connection between 10 N and 6 W will definitely take cars out of Olneyville immediately, but the pattern is that within a very short time traffic will fill that space and find equilibrium. So plans to create transit improvements need to acknowledge that. One way to improve transit-flow and make Olneyville more business friendly would be to disallow car through-traffic (allowing cars to visit and park at the edge, but pedestrianizing the center of the square is an idea that has its origins with Jef Nickerson of GCPVD). Having designated areas of the square for bus travel would then allow for better transit flow, though Providence Planning should be cognizant of the dos and don’ts about pedestrian spaces.

There also should be Bus Rapid Transit on the boulevard itself. I’ve pointed out in the past that while BRT does have some costs associated with it, a lot of the biggest costs going along with the RIDOT BRT proposal were added lanes for the BRT, and skyway bridges to connect pedestrians to center stations on a highway. A parkway continues to be a road designed with high speeds in mind, and I’m not certain how BRT could be best handled on a roadway like this, but I think it should be explored.

Getting Mugged by RIDOT

Two television stations and two newspapers asked me what I thought of the plan, and I compared it to a mugging. The Rhode Island Department of Transportation has very transparently used safety concerns about the Huntington Bridge to torpedo normal rules of process for deciding what to do with the highway. Essentially, Providence Planning has its back against the wall, and RIDOT is saying, “Your money, or your life?” Given that very limiting context, what Providence produced was a reasonable compromise that I can live with, in the same way that I accept other unpleasant realities forced upon me. I think the plan is leaps and bounds ahead of RIDOT’s proposal, but that’s not setting a high bar.

September 29, 2016September 29, 2016

Elorza won’t cross 32BJ SEIU picket line

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With 500 Rhode Island janitors in the final days of contract negotiations before calling a strike, Providence Mayor Jorge Elorza said he won’t cross their picket line if a work stoppage occurs.”If this situation does lead to a strike by workers, I will not cross their picket line,” Elorza said in a statement to RI Future. “As Mayor, I am aware of the important role the workers of Local 32 BJ SEIU play for many businesses in Providence. While I remain optimistic that they will be able to negotiate an agreement, I am offering the support of my administration in whatever way we can help to resolve this matter. I hope that the employees’ requests are taken seriously and that this matter can be resolved fairly for all involved before it resorts to a strike.”

The more than 13,000 janitors of the 32BJ SEIU labor union decided on Saturday to give employer Maintenance Contractors Association New England one week – until their current contract expires – before they call for a work stoppage. Providence janitors currently make $13.15 an hour.

“We’re making some progress but we still don’t have a deal,” said Eugenio Villasante, an organizer with 32BJ SEIU. “We hope to come to an agreement tomorrow but we don’t have one yet. My hope is we can avoid a strike but as of today we don’t have an agreement.”

The janitors, some 500 of whom work in Rhode Island, are demanding an annual cost of living increase and better healthcare. In many cases, Villasante said, workers want more work. “Providence is very part time,” he said.

If the janitors do go on strike, it could disrupt businesses and institutions across the Ocean State. According to Villasante, 32BJ SEIU janitors work at SEIU janitors in Rhode Island – Fidelity: 60+; TF Green: 32; CVS: 25; Bank of America Center (100 Westminster St., owned by Joe Paolino): 19; Bank of America: 10; One Financial Plaza building (downtown Providence): 16.

Elorza joins Boston Mayor Marty Walsh in pledging not to cross the 32BJ SEIU’s picket line, if they go on strike.

A work stoppage could mean Elorza would not be able to visit Joe Paolino, the mayor’s recent opposing interlocutor on poverty and panhandling in downtown Providence. Paolino’s owns one of the buildings where janitors are threatening to strike and keeps his office there.

Governor Gina Raimondo’s staff has not responded to questions about whether she would honor the picket line.

September 26, 2016September 27, 2016

March for licenses for undocumented workers covers three cities

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A march of over 50 people from Jenks Park in Central Falls to the Gloria Dei Lutheran Church near the Rhode Island Mall was held Sunday to demand driver’s licenses for all, regardless of immigration status. Marchers carried signs, sang and chanted as the wound their way through Central Falls, along East Ave in Pawtucket and Hope St in Providence, pausing briefly near the fountain in Lippitt Park and at the State House.

The march briefly detoured through the East Side, to pass by the home of Governor Gina Raimondo, who broke a campaign promise to grant licenses through executive action. Instead, the governor threw the issue to the General Assembly, where House Speaker Nicholas Mattiello declined to advance the legislation.

The march was organized by the Safer Rhodes Coalition and Comité en Acción. Organizer Claire Pimental, writing for RI Future, said that passing this legislation will improve the quality of life and overall safety of our communities, from higher rates of insured and licensed drivers, to greater cooperation between police and the immigrant communities they serve.

Before the march Mayor James Diossa of Central Falls was joined by state Senators Donna Nesselbush and Frank Ciccone, Senator elect Ana Quezada, and Representatives Aaron Regunberg and Shelby Maldonado.

Below find pictures and video from the event.

2016-09-25 Safer Rhodes 025 Yaruska Ordinola — photo (c)2016 **Yaruska Ordinola**

2016-09-25 Safer Rhodes 024 Yaruska Ordinola — photo (c)2016 Yaruska Ordinola

September 22, 2016

EFSB Public Hearing in Warwick a time for reflection on the process

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The Energy Facilities Siting Board (EFSB) public hearing in Warwick Wednesday evening, coming near the end of the process to decide the fate of Invenergy‘s proposed $700 million fracked gas and diesel oil burning power plant, was filled with almost philosophical reflection, with many speakers, who have sat through dozens of EFSB, town council, zoning and department meetings and honed their public speaking skills, commenting with a battle weary determination and steely resolve.

Perhaps no one summed up the emotional toll of the process better than Kerri Fagan, who reminded the board of the promises made regarding the fairness of the process by elected officials such as Governor Gina Raimondo and Senator Sheldon Whitehouse as well as by the board members themselves, then launched into a long list of irregularities and seeming violations of the process that tend to favor Invenergy and disfavor the towns people.

Six of the twelve advisory opinions, said Fagan, maintain that, “Invenergy did not provide enough information before the deadline for them to submit an appropriate advisory opinion.”

Fagan explained that the process allows for the RI Public Utilities Commission advisory opinion, “to be completed by a single person, [Herbert DeSimone Jr]” after one of the other members recused themselves because they “previously expressed support for the project.” The process of having one person make that decision was questioned, said Fagan, but was ruled appropriate by the single board member, DeSimone Jr.

“The process allows Invenergy representatives to falsely testify at open meetings,” said Fagan. “Did the process require them to acknowledge their misinformation? No. There are probably people who still believe they will receive great rate savings,” if the power plant is built. Fagan says the process also allowed Invenergy to falsely advertise meeting locations and times.

The process, said Fagan, requires that the Burrillville Town Council remain neutral throughout the process, yet Governor Raimondo and Senator Whitehouse can express their support for the project.

The process allows attorney Richard Sinapi to represent the Harrisville Water Board, but also lobby against Burrillville Representative Cale Keable‘s EFSB bill on behalf of labor unions, while also allowing his law firm to write a position opposing the Town of Burrillville’s Motion to Dismiss. “The question of conflict of interest was raised, but [Sinapi] continues to represent parties on both sides of this proposal.”

The process allows the Governor and labor unions to advocate for the process based on the jobs it will create, but the EFSB is not charged with creating jobs, but with determining energy needs and judging environmental impacts. “I don’t believe the EFSB has a responsibility to create jobs,” said Fagan,” and I don’t believe it is an appropriate outcome to consider in this setting. Yet the process has allowed this to be a major rallying cry for those that support the process.”

“It is very hard for the residents to respect the process,” said Fagan, “as it seems to be flawed in all areas. The EFSB board works for the Governor. The Governor supports the project. Companies such as Goldman Sachs and General Electric appear to be partners in both this proposed project as well as working with the Governor on statewide initiatives.

“Why has there not been a comprehensive environmental impact statement completed?”

“We can only hope that [the EFSB] will truly listen and read through why this is the wrong project and in the wrong location,” said Fagan, wrapping up, “We hope that you have the strength to fight the state wide politics and make a decision on the merits of the project and truly consider the negative, long lasting detrimental impacts that this project will bring to the Town of Burrillville.”

Other speakers that leaped out at me include Paul Roselli of the Burrillville Land Trust, who praised the RI Department of Enviornmental Management‘s advisory opinion.

Cranston native Rhoda Northup said that this was “not just a Burrillville issue, but a statewide issue. It’s also a Connecticut and Massachusetts issue. “Do we go thirsty and the power plant gets the water?” asked Northup.

Suzanne Dumas

Sally Mendzela spoke about the reality of climate change, and how plants like the one proposed by Invenergy will doom our planet.

Lynn Clark

Mary Gauvin

Smart energy conservation could easily absorb the 10,000 megawatts going offline, the power plant is not needed said Vito Buonomano.

Lisa Petrie explained her concerns as a mother, and explained why she chose to be arrested outside Governor Raimondo’s office.

Donna Woods told the EFSB members, “You do know better” than to approve this plant.

Denise Potvin

This public comment meeting was scheduled for after the last of a dozen advisory opinions were filed with the EFSB. Many who spoke at the hearing pointed out that at least six of the advisory opinions are incomplete, because Invenergy could not supply required information.

The testimony and hearing was also colored by the fact that the Burrillville Town Council will be voting tonight on whether or not to oppose the power plant in a meeting at the Burrillville High School Thursday night, and will be voting on whether to approve or reject a proposed tax treaty between the town and Invenergy on Monday evening. The groups in opposition to the power plant from Burrillville do not want the town council to approve the tax treaty, which may characterized as selling the town for a measly $92 million.

There will be one more public comment meeting, originally to be held on October 3 but not postponed, date to be determined due to Invenergy’s request for a thirty day extension as they work to secure a water source for their plant. In the meantime, the EFSB board will hold a meeting to decide on two motions to dismiss Invenergy’s application, one from the Town of Burrillville and the other from the Conservation Law Foundation (CLF) based on Invenergy’s incomplete application and failure to provide adequate or timely information when requested.

Here is the video of all the speakers:

Richard Dionne said that Invenergy should be required to submit all requested information.

Doug Geblinske of TEC-RI spoke in favor of the power plant.

Eugenia Marks, noted environmentalist former head of the RI Audubon Society, spoke against the plant.

David Brunetti questioned Invenergy’s “cicular logic” in determining that Burrillville was the location for this plant.

Kathryn Scaramella questioned the “small but meaningful savings” ratepayers will receive if the plant is built. She pointed out that the extension Invenergy requested was a violation of terms EFSB Chair Meg Curran set out in May, when she said “all deadlines are set in law.”

Mary Jane Bailey said the location chosen for the power plant was rejected when the Ocean State Power Plant was built in the 1980’s. “If it wasn’t right in the ’80s it’s not right now,” said Bailey.

Ben Weilerstein, of the Toxic Action Center said that the same kind of action taking place in Burrillville is what helped defeat the pipeline project in Massachusetts.

Meg Kerr, senior policy director for the RI Audubon Society spoke against the plant.

John McMullen, business agent for the Plumbers and Pipefitters union spoke in favor of the plant, saying there was a need for the energy and the jobs. He said that RI Building Trades supported Deepwater Wind and that a life of temporary jobs allowed him to raise his daughters and send them to college.

Irene Watson noted that her community’s public speaking skills have improved because of the countless meetings they’ve been to.

Kenneth Putnam Jr spoke from the heart. He’s 76 and 1 day old.

Betty Mancucci

John Anthony Scott

Jeremy Bailey

Roy Coloumbe said he represents two dozen iron workers from Burrillville who support the project.

Attorney Greg Mancini is Richard Sinapi’s law partner and represents the RI Building Trades.

“The power plant will be around 30-40 years from now, says Stephanie Sloman. “”I’ll be dead, you’ll be dead,” she told the EFSB members, “75 percent of the people here will be dead. I’m not trying to be funny.” It’s about the future.

Sloman gave each member of the EFSB this picture, to remind them of the species they will either help to save or destroy, depending on how they decide on the power plant.

Cynthia Crook-Pick compared the power plant to 38 Studios, both are being pushed forward with inadequate information.

Karen Palmer

Jason Olkowski

September 18, 2016September 18, 2016

Innovation spotlighted at RIDE conference

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Gov. Gina Raimondo speaks at the Innovation Powered by Technology conference

Hundreds of educators, school administrators, and students came together at the RI Convention Center today for the fifth annual “Innovation Powered by Technology” conference, sponsored by the RI Dept. of Education. Across dozens of small discussions, panels, and demos, participants from all across the state had the chance to share best practices, learn about innovations, and build community. A detailed program is available and the day’s events were captured in a rich Twitter stream.

Two of the highlights were back-to-back talks just after lunch, featuring Gov. Gina Raimondo on her perspective on technology in the state’s education system, and a high-energy presentation on personalized learning by Rhode Island’s chief innovation officer, Richard Culatta.

Gov. Raimondo began by expressing thanks for Rhode Island’s cadre of outstanding educators, “People like yourselves who are always willing to learn more, do more, be on the cutting edge for our kids. And technology is core to that. Technology gives us a direct connection to how our students think, act, work, and communicate. The smarter we can be about technology, the better we’ll be able to teach and deliver education.”

She acknowledged the challenges that our education system faces. “The thing that most keeps me up at night,” Raimondo said, “is making sure that every Rhode Islander has the skills and education they need in order to get a good job in this economy. This economy is, in many ways, scary. It has more risk than it ever had, it’s more dynamic than its ever been, and requires a higher degree of skill and education than ever in order to be successful. 70-plus percent of all good jobs in Rhode Island require some degree past high school, but only about 40 percent of Rhode Islanders have that. So every child that’s in our K-12 system right now, it’s on us to make sure that they get the skills that they need in order to be successful.”

“That is the thing that I think will turn Rhode Island’s economy around,” Raimondo continued. “Businesses are going to want to be here if we have a skilled talent base.”

The Governor talked about some of the successes of the past two years.

“We are rolling out the CS4RI program. People are raising their hands, schools, teachers, principals, students, at a faster rate than we expected, we’re ahead of all of our goals. And I’m proud that Microsoft chose Rhode Island — we’re the only state where they’re doing a statewide rollout.”

“We also have rolled out the Advanced Coursework Network and PrepareRI to make sure that every high school student in a public school can take college-level courses for college credit for free. In some ways, this isn’t a new program, but instead of $200 a class, it’s free. That’s what it’s all about: taking away what might seem like a small barrier and having a massive impact. if you can get a semester of college under your belt for free in high school, that can change your life.”

“We’re working as hard as we can to get P*Tech off the ground, thank you to Westerly and Rogers, and we’re talking about it with Woonsocket High School and PCTA. I was down in Westerly two weeks ago, and it is so exciting talking to these young people. I said, ‘Why did you sign up for P*Tech?’ and they all had an answer. I was so impressed. Ninth graders telling me, ‘Because I think it will give me an opportunity.’ They know all about it, and they were psyched to be in the program.”

A reporter from RI Future had the chance to follow up with Raimondo to ask just how significant these kinds of expanding digital efforts are in attracting companies like PayPal to the state.

“Very important,” Raimondo said. “The primary reason to do it is because these kids deserve a chance to be successful, and a good education is what is necessary. But it’s very important. I have many conversations with companies looking at coming to Rhode Island, and they ask me, ‘What are you doing, Governor, to make sure that ten or 15 years from now, we have a skilled pipeline of people that have computer skills?’ They don’t want to just know about RIC, CCRI, URI, and today’s graduates, they want to know, if we come to Rhode Island, if we are going to be there for twenty years, are you building a pipeline.”

RI Chief Innovation Officer Richard Culatta

Richard Culatta was hired in the new role of Chief Innovation Officer in January, after working in the US Department of Education office of Educational Technology, and he has clearly hit the ground running on the issue of personalized learning, which he discussed in a rapid-fire talk.

“Nobody says we shouldn’t adapt learning to the students,” said Culatta. “But the challenge is, how do we do that? What tools are necessary? What do we need?”

“As a teacher, I knew I was teaching to the middle and that the schedule was trumping my kids. Imagine for a second, if we said every student in our system, every student in Rhode Island, will have 100% mastery; what will be flexible is the time and the approach used to get there.”

“Do you need technology to personalize learning? No. Unless you want to do it at scale.”

“If you have a classroom with 3 or 4 or 5 students, well, at that point, you can do a heck of a lot of personalizing, tailor very much to their needs without any technology. But when you have a high school with 5 classes a day with 30 kids in each of the classes, the ability to tailor the learning would just be crushing. Imagine having 50 IEPs that you’re planning every day.”

“How can we get that granular level of tailoring for each student and not have it be too burdensome? What that looks like, we have to figure out. I don’t care if we’re delivering instruction on technology or not, that’s a separate conversation, but we need to figure out some tools that can help teachers manage personalized learning so that we can do this at scale.”

Culatta closed with a provocative thought about a new “digital divide” not about access, but about the difference between using digital tools in passive versus active modes.

“What I’d like us to all be thinking about is a new digital divide: a digital use divide. How can we be using technology not to digitize traditional practices, not to have a digital version of what used to be on the chalkboard. How do we use technology to engage and empower and connect, and allow our students to be designers and builders, and allow them to work on what they want, when they want — that’s relevant, and aligned to quality standards that are common and accepted across the board.”

“A rigorous curriculum that is still tailored to individual needs and not be soul-crushing for teachers to have to come up with 75 individual lesson plans every day. That’s what we’re trying to do. That’s pretty audacious. But I think Rhode Island is the place that can pull it off faster and better than anybody else, and if we do, it will transform not just Rhode Island, but the world.”

September 18, 2016September 18, 2016

RI Dems turn out to launch local Hillary headquarters

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RI Democratic Party Chair Joe McNamara kicks off the Hillary Clinton Rally. (Photos by John McDaid)

A full roster of elected officials and almost 200 people packed the Rhode Island Democratic headquarters in Warwick Saturday morning to kick off a statewide effort to support presidential nominee Hillary Clinton. The storefront office was standing room only as the governor and our congressional delegation energized attendees with their perspectives on the race and the importance of a Clinton win.

The rally, which began at 10:30, lasted about half an hour, after which many of the attendees pulled out cell phones and laptops and began to make calls for Clinton. Governor Gina Raimondo started off the event by talking about the critical nature of November’s choice.

“There’s more at stake in this election than any I can remember in my lifetime, because the consequences of Trump presidency are so terrible that it’s hard to even fathom,” said Raimondo.

She went on to talk about what she says when asked by voters why she supports Hillary, stressing Clinton’s values and experience. “Hillary’s values are what I believe are the right ones: making college affordable, investing in K-12 education and universal preschool, raising the minimum wage, investing in infrastructure and building an economy from the middle out, not from the top down. And she’s the most experienced person ever to run for the US Presidency.”

Sen Jack Reed picked up on the theme of experience. “She is the best prepared individual to lead this country that I have seen in my lifetime. On the other side, we have an individual that lacks the emotional, experiential abilities to be President. That is obvious for all to see.”

Sen. Sheldon Whitehouse drew on American and Rhode Island history to make his case for Clinton. “People say that we have a divided country. Well, we do. But in our history, we had a country so divided that we were fighting a civil war. And in that civil war, we could not have been more divided. What did the President then do? He called us to the ‘better angels of our nature.’ Donald Trump stirs the darkest demons of our nature.”

Whitehouse continued, “Bigotry is deplorable. Period. And that’s a Rhode Island lesson that goes back to when George Washington, when he was campaigning for President, wrote to a Rhode Island synagogue guaranteeing that it would always be the policy of the United States to give ‘to bigotry no sanction, to persecution no assistance.’” Said Whitehouse, “Tell that to Donald Trump.”

Rep. Jim Langevin (D-2) echoed Whitehouse, saying that Trump draws on some of his followers’ worst impulses. “I hope that when we go to the polls in November that we speak loud and clear as a nation that we reject that kind of politics.”

“This election,” said Rep. David Cicciline (D-1), “is a referendum on the founding principles of this country. We’re a country that was founded on the ideas that everyone should be treated with dignity, free from discrimination, that everyone should have an opportunity to get ahead, have access to quality education, make decisions about their own healthcare, and in so many ways, this is a referendum on those ideas.” He added a pointed personal observation: “Jim and I know first-hand serving in the House what the country would look like if Donald Trump and the Republican Party have their way.”

Democratic Party Chair Joe McNamara (RI D-19) closed the rally by asking the room to finish a few sentences by reading off cards that were handed out to attendees at the Democratic National Convention in Philadelphia. McNamara led the group in a series of powerful and emotional call-and-response prompts. “We know that we are stronger together,” said McNamara. “Under a Clinton administration, all families will…” The whole room shouted, “Rise Together.”

“And we know that bigotry will never prevail,” said McNamara, “because…” “Love trumps hate.”

“And with a President Clinton, we know that we will have…” “A future to believe in.”

As the attendees broke to make calls, a reporter for RI Future asked Sen. Sheldon Whitehouse specifically about the importance a Clinton win for efforts to combat climate change and protect Rhode Island’s shoreline.

Whitehouse cited two reasons that make a Democratic win essential. “First of all,” said Whitehouse, “Trump has gone down the sort of lunatic path of pretending that climate change is a hoax, and that all the scientists and every American scientific society, all the scientists at NASA and NOAA, the scientists at every American national lab, are all wrong or are in on some evil conspiracy. Which is almost creepy as a point of view, it’s so wrong.”

“And then, second, he’ll be representing a party that basically has become the political wing of the fossil fuel industry. So, for both of those reasons, it makes it far less likely that anything will get done if he’s the President. Now, Nature does not forgive, and sooner or later, it will become clear to everybody that we’ve made a terrible, terrible mistake. We just don’t want that realization to come too late.”

An RI Future reporter caught up with Rep. Cicilline to ask about the reticence of some to throw their support behind Clinton, and what he would say to local progressives who are still on the fence.

16sep17_kickoff_cicilline — Rep. David Cicilline

“Anyone who examines these two candidates carefully, who shares progressive values, frankly, the values of our Party, will see it’s very clear that there is only one candidate who both has a record of getting things done in this area, and also a set of policies that will really advance our country and move forward on many important progressive priorities. Ultimately, elections are about choices, and while I know there was a lot of enthusiasm for Sen. Sanders — and I’m a huge fan of his, he raised some incredibly important issues in the campaign — I think he would be the first to say that the campaign was not about him as a person, it was about a set of issues and a commitment to move forward on those issues.”

Cicilline continued that a Trump win, “Would set back our movement and our country significantly, and this is going to be a close election. We can’t take anything for granted. We need to work hard to vindicate the progressive values we care about by electing Sec. Clinton.”

September 13, 2016September 13, 2016

Burrillville files motion to dismiss Invenergy application

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Because Invenergy “has either refused or is unable to provide timely information regarding its proposed water supply… its Application should… be dismissed” writes Attorney Michael McElroy, representing the Town of Burrillville, in a motion filed with the Energy Facilities Siting Board (EFSB) today.

Invenergy is proposing to build a $700 million fracked gas and diesel oil burning power plant in Burrillville, a project that has the support of both Governor Gina Raimondo and the Providence Journal. The residents of Burrillville and every environmental group in Rhode Island oppose the plan.

Invenergy’s original plan was to pump water from a well contaminated with MTBE, but on Aug 19 the Pascoag Utility District voted unanimously to deny Invenergy access to that water. Under EFSB rules and the Act that established the EFSB, “Applications must include information regarding all required support facilities, including water resources.” Without such information, writes McElroy, “The Application cannot be evaluated in a meaningful way.”

McElroy’s motion to dismiss also notes that the Town of Burrillville, the Burrillville Planning Board and the Burrillville Zoning Board of Review “have formally requested information regarding Invenergy’s water source on multiple occasions” and that “Invenergy repeatedly promised to provide such information, but to date has failed to do so.”

“In fact,” writes McElroy, “in a Motion for Extension filed by Invenergy last Friday, Invenergy stated that its ‘expects’ to have a water source ‘within the coming weeks.’ This is uselessly vague.

Jerry Elmer, Senior Attorney for the Conservation Law Foundation (CLF), “supports the Town of Burrillville’s Motion to Dismiss the Invenergy case, which was filed today. In fact, CLF has been preparing its own Motion to Dismiss on the same grounds as the Town’s Motion: The Energy Facility Siting Board (EFSB) process cannot go forward without the required Advisory Opinions from the Town; and the Town cannot prepare the required Advisory Opinions because Invenergy has failed to provide legally required information.

“Invenergy’s application to build a new fossil fuel power plant in Burrillville is incomplete, and the EFSB must dismiss the application. CLF argued its first Motion to Dismiss last January because Invenergy’s application was incomplete then; and CLF will continue to argue the same point now: Invenergy’s application remains incomplete. It is past time for the EFSB to dismiss this case.”

September 13, 2016October 4, 2016

On 6/10, Pichardo says people want ‘plan to reunite the neighborhoods’

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Governor Gina Raimondo may have acted too hastily when she took off the table the idea of transforming the 6/10 connector into a boulevard, according to Providence state Senator Juan Pichardo.

“The people who live in these areas were counting on the plans to reconnect the neighborhoods after being divided for so long by the highway,” Pichardo said in a recent news release. “This is a decision that will have a major impact on the daily lives of many people, and I’m concerned that it was made too hastily.”

Pichardo’s press release referred to the boulevard proposal as the “plan to reunite the neighborhoods.”

He said, “The benefit this project would have on the people in these neighborhoods just cannot be calculated. It’s rare that a government proposal gets this kind of support from the community. This project would have gone a long way to making the city more inclusive, ending decades of disenfranchisement that have been brought about in these neighborhoods. It’s more than a little disconcerting that something so positive for the whole city could be so quickly and so arbitrarily dismissed at a moment’s notice.”

Transportation advocates have been pushing to transform the 6/10 connector, which is in desperate need of repairs, into a boulevard – as other American cities have done when highways that cut through urban neighborhoods have needed major repairs. Providence Mayor Jorge Elorza is supportive of this concept. RIDOT is not. Last week, Raimondo said the overpasses are in such dire need of repair that the state cannot wait to consider the boulevard idea.

“I truly hope the state will reconsider and take into consideration the concerns and desires of an entire community, instead of repeating the mistakes of decades past by recreating a citywide scar on the landscape that has such a negative impact on the lives of so many.”

While Gov. Raimondo made remarks at a recent RIC event signaling her openness to accept any proposal that was safe, affordable, and not a traffic problem, a later statement through a spokesperson doubled down on her commitment to rebuild the highway as-is, with the caveat of adding a bike lane (on a highway?), building an additional ramp (i.e., expanding the highway), or putting in Bus Rapid Transit (part of both the RIDOT and City of Providence proposals).

Providence Planning will continue to take public feedback at 610Connector@providenceri.gov.

September 12, 2016

Terrence Hassett cancels meeting on LNG facility resolution

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The Providence City Council Ordinance Committee meeting scheduled for 5pm on Monday was cancelled at 4:30pm, what one City Hall worker called, “at the last minute,” by Committee Chair Terrence Hassett. The cancellation effectively stalls the discussion of Councillor Seth Yurdin’s resolution opposing the construction of National Grid’s proposed liquefaction facility for Fields Point in the Port of Providence.

More than a dozen people showed up for the event, only to learn from the hastily printed signs that the meeting was cancelled. People told me that they had made great efforts to be at this meeting. One man brought his six year old daughter with him, others arranged to leave work early. A nurse handed off a patient to her co-worker, and lost out a couple of hours of pay.

Several people, expecting a long meeting, paid for two hours of parking, as the on street parking, which used to be free at 6pm, is now free after 9pm. In all I talked to six people who paid for parking, including Sister Mary Pendergast, who said she’s “on a very limited budget.”

Representative Aaron Regunberg showed up. But even he, when asking various City Hall workers, including the Council President Chief of Staff Cyd McKenna, couldn’t get an adequate answer as to why the meeting suffered a last minute cancellation.

Councillor Seth Yurdin arrived ten minutes before the meeting was due to start. He had received a text ten minutes before arriving telling him the meeting was cancelled. He said he didn’t know why the meeting was cancelled. He had no more insight, it seems, than anyone else.

The people who arrived for the meeting were all prepared to give testimony on the resolution concerning the project at Fields Point, a center of toxic industry located in one of the poorest neighborhoods of color in New England. This was Councillor Seth Yurdin’s second resolution in opposition to the facility, and it was a much stronger statement.

Though Yurdin’s resolution was co-sponsored by half the City Council, passage of the resolution was prevented when Councilors Jo-Ann Ryan and Terrence Hassett flipped their votes.

The resolution was sent to the Ordinance Committee which Hassett chairs. Hassett said at the time that, “I co-sponsored it but a committee review is necessary for a proper vetting and discussion before it is transmitted to the full Council.”

When I asked about why he cancelled the Monday evening meeting that would have allowed for “proper vetting and discussion,” Hassett said, in a written statement:

“The LNG ban, as proposed by Councilman Yurdin, has merit. I co-sponsored it on the floor of the City Council Session.

“However, we have not heard sufficient testimony from the energy developers on the plan itself – the productive results, the environmental impact – what is good versus bad. I’m an environmentally sensitive citizen and public servant, as most of us are. A new and productive proposal, as promised, is certainly worthy of discussion.”

Note that the “energy developers” Hassett is referring to is National Grid, a company that had just as much time and notice to make it to this meeting as the environmental advocates who made the effort to show up for the meeting did. In fact, National Grid has more time, if you take into account the fact that the company employs a full time legal staff.

“My difficulty,” continued Hassett, “is simply approving a resolution banning it until proper testimony is presented. Its akin to a court case. We cannot indict until and unless proper and verified evidence is presented and the jury agrees. Legislative language presents an argument.

“In this case I co-sponsored it on the floor of the City Council. My concern or our general concern is this….we need discussions in an open forum from those proposing the LNG and receive any counter testimony on the plan or proposal.

“Many have advocated transparency in government. I believe in it. It’s how the best decisions are made. So we will carefully review this proposal, a $40 million effort should it meet our needs, our environmental protections and city economy.

“That’s my assessment based on your inquiry. It will be heard. Just better prepared for our decision makers and the public.”

Many who arrived at the City Hall to find the meeting cancelled are convinced that there were some backroom shenanigans involved. But no proof of these speculations will ever materialize. Instead, the blame for cancelling this meeting rests solely on Hassett and his decision, as he explains above.

I asked Hassett a follow up.

“The meeting was cancelled at 4:30. When meetings are scheduled on Friday afternoon and cancelled moments before they are to start on Monday, many people feel that there are shenanigans going on behind the scenes. At the very least, it shows a lack of concern for those who make the effort to attend. Do you have a comment on this?”

I received no answer.

I’ve experienced something like this before. Back in May 2014 a Providence City Council Ordinance Committee meeting that was to discuss the proposed $15 minimum wage for hotel workers was cancelled at the last minute, leaving dozens of working women in the lurch. At the time I wrote, “Working women secured childcare or brought their kids with them. They skipped meals, skipped overtime and traveled to the City Hall on foot, on buses or in carpools, only to find out that the Ordinance Committee meeting had been abruptly cancelled.”

The cancellation of this meeting allowed the General Assembly the time it needed to include an amendment in the State Budget to prevent municipalities like Providence from setting their own minimum wages, frustrating months of activism on the part of the hotel workers. The chair of the Ordinance Committee then was Seth Yurdin.

September 4, 2016September 7, 2016

RI celebrates rebounding economy this Labor Day

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Each year on Labor Day we honor the hardworking women and men that drive our state’s economy forward. This has been an encouraging time of growth and momentum for workers, with Rhode Island gaining 5,000 jobs this year and a new national report showing we rank higher than every other New England state for advanced industry job growth.

Rhode Islanders are returning to work rebuilding our roads and bridges through RhodeWorks, modernizing our schools with the School Building Authority, and completing green energy retrofit projects through the Infrastructure Bank. We’re attracting new high-wage jobs from out of state, like GE Digital, and some of our biggest employers are doubling down on the state, including Citizens Bank. We have a long way to go, but it’s clear we are moving in the right direction.

Labor Day is an important time to recommit to supporting and protecting our workers. It’s why we raised our minimum wage last year and we’re working to do it again. We’re cracking down on misclassification and going after companies that break the rules to ensure that every worker gets a fair day’s pay for a fair day’s work.

Our resilient and tireless workers do everything they can to grow our economy and strengthen our middle class. And in turn, I’ll be relentless in doing everything I can to ensure everyone has the opportunity to make it in Rhode Island.

I wish all Rhode Islanders a safe and happy Labor Day.

September 1, 2016September 1, 2016

Whitehouse not the climate champion Burrillville needs

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2016-02-01 FANG Whitehouse PVD City Hall 09 — Senator Sheldon Whitehouse

United States Senator Sheldon Whitehouse has a national, and even international, reputation as a climate champion, noted Rhode Island Senate President M Teresa Paiva-Weed as she introduced him to to the nearly 150 people gathered in Newport for a community dinner and Q&A. Paiva-Weed talked up Whitehouse’s concern for his constituents, saying, “Someone like Sheldon makes it a point to be home and to have a focus on the issues at home.”

But to the residents of Burrillville who drove for over an hour through rush hour traffic to attend the dinner, Whitehouse hardly seems focused on “the issues at home” and in fact, his own words belie that. His international reputation as an environmental champion is of small comfort to the townspeople fighting Invenergy’s $700 million fracked gas and diesel oil burning power plant.

Whitehouse touted his environmental concerns in his opening remarks, saying, “The good news is that… the [climate] denial operation really is collapsing. You can feel it visibly. We’re at the stage where the CEO of Exxon has had to admit, ‘Okay, climate change is real, and we’re doing it and we want to get something done.’”

Climate change, says Whitehouse, “is going to hit home for Rhode Island in a really big way and I want to make sure that I’ve done everything that I possibly can to make sure that we are as prepared for it as we can be in the Ocean State.”

Richard Dionne, vice president of the Burrillville Conservation Commission was called on by Whitehouse to ask the first question.

“When discussing the most influential senators from Rhode Island on environmental quality issues, your name is often brought up in the same sentence as our former Senator John H Chafee,” said Dione, “Not bad company to be in if I do say so myself.”

“Really good company,” agreed Whitehouse.

Dione continued, “However, our Senator Chafee would be rolling over in his grave if he knew that a 900 megawatt fracked gas power plant being proposed by Governor Raimondo was to be sited smack dab in the middle of the John H Chafee Heritage Corridor in the northwest corner of Rhode Island, on the shared border with neighboring states Connecticut and Massachusetts.

“This area has been recently designated as part of the National Park Service. The approximately 13,000 acres of protected forests, recreational areas, wetlands and conservation areas is absolutely the most inappropriate area for this type of project.

“Every environmental organization in the state of Rhode Island has come out against the project,” continued Dione, “including the Environmental Council of Rhode Island, the Audubon Society, the Nature Conservancy, Blackstone Heritage Corridor, the list goes on and on, I have a list right here…”

“I know the list,” said Whitehouse.

“At many of the public hearings I attend, invariably the question gets posed to me, ‘Where is our environmental Senator on this issue and what is he doing for his constituents in Burrillville?’ A town which, by the way, has supported your election in 2006 and 2012.

“So my question is Senator Whitehouse,” said Dione, winding up, “What answer can I bring back to the people of Burrillville, and can you commit this evening to opposing this power plant?”

“The short answer is,” said Whitehouse after a short pause, “There is a process…”

“Here we go,” said a woman at my table with open disdain.

If there was a wrong answer to give, this was it. Everyone who attended Governor Gina Raimondo’s appearance at the Burrillville High School has heard this answer before. No one takes “trust the process” seriously. It’s political dodge ball.

Conservation Law Foundation (CLF) attorney Jerry Elmer has spoken eloquently about the process. “Remember that the reason – the raison d’etre – that the General Assembly created the EFSB (Energy Facility Siting Board) was precisely to take these energy siting decisions away from the Town Councils and town planning boards,” wrote Elmer.

RI Senator Victoria Lederberg, who got the EFSB legislation through the General Assembly 30 years ago, called the siting board concept “one-stop shopping” for power plant developers. Climate change, environmental concerns and the health and safety of residents didn’t seem to be high on the General Assembly’s priorities when the EFSB was formed.

The process renders the opinion of ordinary townsfolk essentially meaningless, said Burrillville Planning Board attorney Michael McElroy. “The EFSB can take [our opinion], they can take it in part, or they can reject it.”

“There is a process,” said Whitehouse, “taking place for [the power plant] through the state Energy Facility Siting Board. They take sworn testimony, as I think you know. There are a whole bunch of local environmental groups that are intervened into that proceeding. The Conservation Law Foundation has come down from Boston to intervene in that proceeding. They have witnesses.”

Senator Whitehouse is incorrect here. The only environmental group certified as an intervenor in the EFSB proceedings is the CLF. The Burrillville Land Trust, Fighting Against Natural Gas (FANG), Burrillville Against Spectra Expansion (BASE) and Fossil Free Rhode Island were denied intervenor status, as it was felt that their interests would be seen to by the CLF.

“It’s essentially an administrative trial that is taking place,” continued Whitehouse, “I have confidence in that process. I have confidence in Janet Coit at DEM (Department of Environmental Management) who by virtue of being the DEM director is on the Energy Facility Siting Board. I have confidence in Meg Curran, chairman of the Public Utilities Commission (PUC) who by virtue of being chairman chairs that Siting Board, and there’s going to be somebody from the Department of Administration…”

Associate Director of the Division of Planning, Parag Agrawal, is the third member of the EFSB.

“It’s a process I’ve worked with from my earliest days,” said Whitehouse, “when I first came as a young lawyer to Rhode Island I worked in the Attorney General’s office and I practiced representing the people before the Public Utilities Commission.

“So I have confidence in the process.

“Congratulations,” added Whithouse, “The opposition to Invenergy, I think, has won every round. Burrillville said ’No’ on planning, Burrillville said ‘No’ on zoning, the water board said ‘No’ on water, so I think you’re, yeah, it’s a process and I know it would be easier to just yell about it but it’s a process that I think is honorable and will come to the right result.

“So I want to focus my efforts on where it will make the biggest difference. I know we’ve had some conversation, repeatedly, but I still am of the view that, with the force and strength that I have available to me, I want to apply every bit of that force and strength to the battle in Washington, which if we win it, will be immensely significant, not just to Burrillville but to all of Rhode Island and to the country and the world.

“So, sorry that I don’t have more to give than that, but I do think that I give pretty well at the office with what I do on this issue. Thank you for bringing it up though, I appreciate it.”

Burrillville resident Lynn Clark was called on to ask the next question. This seemed like a coincidence, but in fact, half the questions asked concerned the power plant in Burrillville, in one way or another.

Clark rose and with only the slightest hint of nervousness in her voice, said, “My name is Lynn and I come from the northwest corner of the state of Rhode Island. It has been my home all my life. I applaud you and I love the work you’re doing on the environmental front.

“In Burrillville, our little town has come together and we have come out strong against this giant plan. We have a lot of environmental groups [on our side], 23 currently, and we are working hard.

“I wish I could say that I am as confident in this process as you are, sir. It has been a scary process. We have been consumed by this process. I have been at every meeting, for hours, two or three meetings per week. Sir, this is a scary, scary process.

“We need a champion in Burrillville and we are asking you to please come see us. Please, come talk to us. If this Invenergy [power plant] gets built, the detriments to our little state will be just horrifying.”

Clark’s appeal to Whitehouse was raw and emotional. It’s the kind of speech people give in movies to roust tired champions into battle one final time.

But this wasn’t a movie and Whitehouse wasn’t willing to be the hero.

“I hear you,” said Whitehouse, once again echoing words Governor Raimondo used in Burrillville when she visited, “I can’t add much to what I’ve said to Richard. Thank you for taking the trouble to come down and share your passion.

Eagle Scout James Lawless with Whitehouse

“It is the National Heritage Corridor,” said Clark, not giving up, “We also have a boy scout camp up there, camp grounds… Have you been up to Burrillville?”

“Oh yeah,” said Whitehouse.

“Okay,” said Clark, “I hope you come visit us soon, sir. Thank you.”

Other questions came and went. Whitehouse was asked about the Supreme Court vacancy, grid security and the opioid epidemic. When Newport resident Claudia Gorman asked Whitehouse about the Federal Energy Regulatory Commission (FERC), he admitted that on the federal level, at least, he isn’t as certain about the integrity of the process.

“There have been several problems, at the federal level, with the approvals,” said Whitehouse, “They haven’t baked into their decision making what is called the social cost of carbon.” Whitehouse added that we don’t take seriously the problem of methane gas leaks, and that he held the first hearings on the issue of gas leaks and that we still don’t know the full extent of that particular problem…

The last question of the evening came from Cranston resident Rhoda Northrup. She rose as Whitehouse tried to bring the discussion to an end, and would not allow the dinner to end without asking her question.

“I do not live in Burrillville I live in Cranston,” said Northrup, “and what’s going on in Burrillville should not be completely on their backs. This is a global issue for all of us and if that power plant comes to our state of Rhode Island, it will set us back forty years. We will be committed for another forty years to a fossil fuel.

“That’s wrong.

“We need to move forward with wind and solar. And with all of that said, I would like to ask the senator if he has an opinion. With everything that’s been said tonight, ‘Do you have an opinion?’

“I know it’s a process,” said Northrup, “but that’s not an answer. Everybody’s telling us it’s a process. We know that. We’re walking the process. But we’re asking our leaders if they have an opinion. You must have an opinion.”

There was a short pause before Whitehouse answered.

“My opinion is that we must get off fossil fuels,” said Whitehouse.

“Thank you for that,” said Northrup.

But Whitehouse was’t finished. Lest anyone believe that by that statement Whitehouse was taking a stance against the power plant in Burrillville and matching action to his words, Whitehouse switched to his familiar political talking points.

“My opinion is that the best way to do that,” continued Whitehouse, “is to balance the pricing of fossil fuels, so that they are treated fairly in the marketplace. Right now they have a huge, unfair advantage because they don’t have to pay for the cost of the harm that they cause…”

August 30, 2016August 30, 2016

EFSB established as ‘one-stop shopping’ for power companies

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On the day the Rhode Island Senate Finance committee passed the legislation that would establish the Energy Facilities Siting Board (EFSB), Robert L Bendick Jr, the director of the RI Department of Environmental Management (DEM) asked, “I just wonder what’s going on here. What’s the driving force behind this?” [Providence Journal, April 11, 1986; pg A-15]

The question Bendick asked on April 9, 1986 strongly resonates today. Jerry Elmer, of the Conservation Law Foundation, said the EFSB “was designed to take the power to stop a proposal like Invenergy’s out of the hands of the local people… and put it into the hands of the EFSB.”

Governor Gina Raimondo refers to EFSB decision making as “the process” and asks us all to trust in it, but how are we to trust if we can’t tell if the intent of the process is to serve Rhode Islanders or to serve the energy industry?

What is going on here? Here’s some historical context.

Back in 1986, Ward Pimley, writing for the ProJo, wrote, “Sen. Victoria Lederberg, D-Providence, the sponsor, said the [EFSB] bill streamlines the approval process required for obtaining licenses to build major energy facilities for generation of electricity, treatment of liquefied natural gas, oil refineries and the like…”

Victoria Lederberg was an impressive woman and public servant. A judge, she “served as state representative from 1975-1983 ,representing the East Side of Providence, and state senator from 1985-1991… Lederberg was a trailblazer, becoming the first woman of Italian heritage to serve in the Rhode Island legislature.”

Pimley continues, “In previous testimony, Lederberg called the siting board concept ‘one-stop shopping,’ where interested developers could learn what they must do to obtain licenses and fulfill obligations to build. She said it removes jurisdictional overlapping among regulatory agencies.

“She said the bill recognizes the state’s need for ‘reasonably priced, reliable sources of energy’ and balances that with issues affecting public health and environmental impact.”

Nine years earlier, in his January 1977 inaugural address, Governor J Joseph Garahy outlined his ideas for the state’s energy objectives. Siting of energy projects heretofore had been haphazard, and based solely on the whims of industry. Garahy had a vision “to site energy facilities in light of state plans, rather than private industry decisions.” He was governor of a Rhode Island that was suffering from environmental mismanagement, and the new governor was hoping for a different approach. The EFSB, at its best, would be a realization of Garahy’s vision, but in an effort to please industry rather than regulate it, Garahy’s vision may have been compromised.

Public Utilities Commission] Chairman Edward F Burke, Pimley wrote, “testified earlier that the legislation is important because there are eight or nine potential applications for energy-generating facilities that could be built in some other state unless the licensing procedure were streamlined.

“He cited a $300-million facility proposed for Burrillville that should provide electricity by 1989 on property owned by Narragansett Electric as an example of the type of facility that can be built.”

This $300-million facility is the Ocean State Power plant, which currently uses 4 million gallons of water a day to cool its turbines.

Recognizing that the EFSB would allow industry to override the environmental concerns of the state, Sen. William C. O’Neill, today more famous as a South County bike path than a Democratic senator from Narragansett, objected. Here’s Pimley’s play-by-play of what he called a ‘hot debate’:

“You feel DEM is an obstacle,” O’Neill said. “You removed that obstacle, and you know it.”

“You’re absolutely incorrect,” Lederberg shot back.

“I’m concerned that you’re allowing other agencies to override DEM,” O’Neill said.

“I totally disagree,” Lederberg said. “This shares decision-making. DEM has an important role. That’s why we’ve made them one of the board members. It does not weaken the permit-granting power by DEM.”

Lederberg said DEM does not have veto authority to stop any project it wants, but it still is involved in the planning process.

Then Sen. David R. Carlin Jr, D-Newport, said the siting board can overrule decisions of other agencies.

“It seems it’s clearly overriding DEM,” he said.

O’Neill, seeing DEM Director Robert L Bendick Jr watching the proceedings, said he would vote for the bill if Bendick agreed that DEM’s interests would not be jeopardized by it, but committee chairman Donald R. Hickey, D-Providence, called for a vote.

“The bill was approved, 8 to 4.”

This is what prompted Bendick to ask, “What’s going on here?” adding, “If what they’re doing is overriding the department’s authority, I’m opposed to it.”

Months earlier, in an editorial, the ProJo had endorsed Lederberg’s proposal writing, “As a House member in 1979, Mrs. Lederberg sponsored a similar bill that died in the Senate. Former Gov. J. Joseph Garrahy, who supported the bill, issued an executive order embodying many of its details, but that wasn’t an adequate substitute for statutory enactment…

“Mrs. Lederberg says energy installations must be reviewed in terms of regional need and cost-effectiveness, not on the basis that Rhode Island must be totally self-sufficient in energy.” [Providence Journal February 17, 1986; page A-10] Note that Lederberg is not quoted as mentioning, and that the ProJo editorial seems uninterested in, environmental issues.

Pimley noted that the bill, as originally introduced by Lederberg, allowed the General Assembly to override an EFSB decision, but that provision was removed before passage because “it was no longer needed.”

Pimley also noted that “support for the legislation came from the Governor’s Office of Energy Assistance, the PUC and Narragansett Electric Co.”

Narragansett Electric is today a wholly owned sub-entity of National Grid.

Of special concern to all involved with the establishment of the EFSB was a proposal “to build twin natural-gas-fired plants in Burrillville. According to a plan disclosed Tuesday, the plants would be supplied by a new, 25-mile gas pipeline that would run from Sutton, Mass., to the Burrillville site and on to Cranston.” [Providence Journal, February 13, 1986; page A-14]

The very first application the EFSB took up was the Ocean State Power Plant in Burrillville.

August 26, 2016August 26, 2016

Environmentalists hail Elorza’s stance on LNG

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The Environmental Justice League of Rhode Island (EJLRI) “is thrilled that Mayor Jorge Elorza listened to the community and is taking a strong stand against fracking, climate change, and LNG production in Providence.”

The EJLRI statement comes in response to Elorza’s announcement that he opposes National Grid‘s proposed LNG liquefaction facility to be located at Fields Point in the Port of Providence.

State Representative Aaron Regunberg, who represents the 4th district in Providence, also hailed the mayor’s announcement. “I am so glad the mayor has joined our opposition to this terrible proposal. It shows the LNG facility is not a done deal. This is a fight we can win, and so it is a fight we must win. Now it’s time for our federal delegation, who I know are all committed to fighting climate change, to put that commitment into practice here in Providence and join our push for #NoLNGinPVD!”

EJLRI echoed Regunberg’s call for more state elected officials to join them in the fight against expanding LNG infrastructure in Rhode Island. “We are very thankful for the support and climate leadership from our mayor and state legislators, and we now call on our federal congressional delegation and Governor Gina Raimondo to join us and stop National Grid’s plans to liquefy and export fracked gas from Providence.”

Monica Huertas, a leader in the #NoLNGinPVD campaign, responded to the news from the mayor’s office by saying “As a resident of the Washington Park neighborhood, I am so thankful for Mayor Elorza to have so willingly come out against ‘LNG.’ We can make a difference in the smallest state and as residents of the capital city we can take the lead on dismantling the old ways of doing things. This shows that he is on the right side of history. After we have won the battle for clean energy, we can look back at this key moment in Providence and be proud that we fought together.”

Meghan Kallman, Chair of the RI Sierra Club said, “The Sierra Club is pleased with Mayor Elorza’s statement of opposition to the proposed LNG facility in Providence. Climate change is one of the gravest threats that our community faces. Infrastructure such as this liquefaction plant, that locks us into further consumption of fossil fuels, is a bad choice for our future. Further, its proposed location would imperil some of the most vulnerable residents of Providence. We are pleased that Mayor Elorza has listened to the concerns of the community and is opposing this wrongheaded proposal.”

“We have to move to renewable energy,” said Sam Bell, executive director of the Rhode Island Progressive Democrats (RIPDA). “Certain machine politicians may not believe we need to act to stop climate change, but our state cannot afford not to act. Elorza giving in to the people of Providence and supporting the NO LNG in PVD movement is a big win.”

The EJLRI statement concludes, “The decision to approve or reject National Grid’s proposal is still under fast-track review and likely approval in the Washington DC offices of FERC, the Federal Energy Regulatory Commission. Governor Raimondo, Senator Sheldon Whitehouse, Congressman David Cicilline, and other elected officials need to join their colleagues in Providence and make it clear that there can be no more dangerous fracked gas expansion projects in Providence, or anywhere in the state. We stand by no fracked gas LNG in Providence, no fracked gas power plant in Burrillville, and no fracked gas Access Northeast expansion of the pipeline, compressor station, and additional LNG production.

“Rhode Island is making international news as a climate change leader, and we need to be clear that real climate leaders reject fracking and support a rapid and Just Transition to a sustainable future that centers the needs of workers and frontline communities.”

August 24, 2016August 26, 2016

‘Essentially our advisory opinion means nothing’

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The Burrillville Planning Board meeting, held on Monday evening, was a confusing muddle that revealed the structural weaknesses of the “process” that Governor Gina Raimondo implored the people of Burrillville to trust in.

The board was meeting to vote to approve the final version of its required advisory opinion to the EFSB (Energy Facilities Siting Board) concerning Invenergy’s $700 million fracked gas and diesel oil burning power plant, a scheme that is wildly unpopular with Burrillville residents.

The powerlessness of a small, town appointed board in the face of a multi-billion dollar company with state government support was aptly demonstrated when board chair Jeffrey Partington lamented that “one of the weaknesses of this entire [process] is that we haven’t seen plans” from Invenergy.

The “process” is designed so that a town planning board has to decide to endorse or oppose a plan that will have enormous impact on the town, without seeing the actual plans.

This is by intent.

Conservation Law Foundation attorney Jerry Elmer has pointed out that the process “was designed to take the power to stop a proposal like Invenergy’s out of the hands of the local people… and put it into the hands of the EFSB.”

Hours of meetings and endless discussions have consumed the board’s time and the energy and efforts of local townsfolk. Yet the board’s own attorney, Michael McElroy, succinctly summed it up when he said, “Essentially our advisory opinion means nothing. It’s simply an advisory opinion. The EFSB can take it, they can take it in part, or they can reject it.”

At this meeting we learned that though Invenergy is confident that they can design the power plant to meet the noise ordinances set by the town, they have no intention of posting a bond to insure that this goal is met. An expert hired by the town has said that though he has never seen a power plant meet noise requirements so low and that such a thing has never been done, he believes it might be possible.

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

Later in the same meeting 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.

Maybe this is why Invenergy won’t post a bond: What bonding company wants to insure a project that may well prove to be impossible? Not agreeing to post a bond may also be a legal strategy. The EFSB, when they decide on the final terms of the deal, might include a bonding that Invenergy agreed to, but more likely the EFSB will simply give Invenergy a waiver on the noise level, allowing the company to disregard Burrillville’s ordinance, without bringing up the bonding issue at all.

Why post a bond to meet a requirement you intend to have waived?

So all the sturm und drang over low octave vs. decibel limits on noise may well be for naught. “Essentially our advisory opinion means nothing,” said McElroy.

Here in Rhode Island we call that, “the process.”

Here’s the full video of the Burrillville Planning Board meeting.

August 24, 2016August 24, 2016

Stopping fracked gas boondoggle is good for business

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Governor Raimondo has a dilemma. She has to accept and spin the demise of the Clear River Energy fracked gas power plant. She has to find a way to preserve her fiction of the efforts to create a better “business climate” while allowing the demise of a plant that the community fought tooth and nail, that made no sense economically or environmentally, violated and overwhelmed all the good we are doing to stop climate change.

Her problem is compounded by the keystone cops way in which Invenergy went about the project with applications filled with information about projects that were not being proposed, and almost none on what was actually on the table. If she blames the people for stopping a bad project she gets real political heat and encourages challenges to her reign from the left. If she blames the regulatory apparatus for rejecting an amateurish proposal that did not meet the letter or the spirit of Rhode Island and Federal clean air and climate actions and legislation, she throws her own efforts at being business friendly under the bus.

Nope, she has to say the system worked. That the project is not appropriate for Rhode Island and its high standard and concern for the quality of life of its community.

She has a great comparison to use. Deepwater Wind. Deepwater Wind went above and beyond in meeting environmental standards and in producing quality work from day one to completion. Rest assured that if Invenergy was something other than a keystone cops outfit, and produced a good application that really demonstrated their concern for doing it right, we still would have rejected a fracked gas plant that would prevent us from meeting any of our climate goals. But in this case Governor Raimondo would score points with the public and reduce the fallout from the stopping of some big deal project, by emphasizing both climate issues and the incompetence of Invenergy.

The governor also has to gain much more acceptance of democracy. Trying to shove projects like this down the throats of communities does not work any longer. The governor ought to embrace the wisdom of the people who have prevented boondoggles foisted upon us by the ruling elites in the past. She might want to get her speechwriters working now so that she can strike the right tone when the inevitable crumbling of the Clear River project occurs. And she might want to clearly articulate that gas is not the answer and that only by going completely clean energy can RI prosper in the future so this kind of living in the past proposal will not get her approval again.

Vote Green in 2016.

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