Idomo magnate on energy conservation crusade

By Toronto Star


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Gerrit de Boer is as famous for his Idomo furniture store as his ZZ Top beard.

Soon he might be well known for his energy conservation crusade, too.

The furniture magnate hopes to have his huge north Toronto store off the energy grids within the next decade by using two sources of unlimited energy – the earth and sun.

Drillers have been boring holes more than 165 metres deep to build a geothermal field of water-filled pipes outside the store to extract heat from the bedrock in winter and store heat there in the summer.

The system, which relies on electric-powered heat pumps to extract warmth in the winter and pump heat down in the summer, will be up and running by September. He plans to install a huge array of solar panels on the store roof to eventually supply power to the pumps.

Warmed or cooled air will be circulated through the store in its existing duct system.

De Boer is so confident about the $1 million-plus project that he's removing 26 huge rooftop gas and electric units that now supply energy to his store. He thinks the project will end up paying for itself within eight years.

"My goal is that 10 years from now I want to be totally off the grid," he said.

"We have to start thinking outside the box," said de Boer, who has a passive solar system in his own home. "We need to think creatively to find solutions."

It's something he says can be used by commercial buildings and ordinary homes alike to beat the rising cost of heating and cooling. He said some cities in Sweden already fuel 25 per cent of their homes with similar installations.

"We're simply recycling the earth," de Boer explained. "The heat that we take out in the winter, we put back in the summer. It's natural recycling."

He sent a letter inviting Premier Dalton McGuinty, who recently committed $26 billion to build two new nuclear reactors, up to his store yesterday to see another way to supply Ontario's energy needs.

Not only didn't the premier or any of his staff attend, they didn't even reply to de Boer's letter, he said.

But the director of the Ontario Power Authority's conservation development programs heard de Boer on a radio interview and swung by to check it out for himself.

Constantine Eliadis got an earful from de Boer and in return told the storeowner he could qualify for thousands of dollars in incentives to help fund the project he'd already begun.

Engineer Brian Beatty said he installed a larger version of the geothermal project at Oshawa's University of Ontario Institute of Technology, where they've already realized savings.

He said putting the piping into the deep bores "is like forcing limp spaghetti down a four-inch hole.

"We had to develop some of the technology ourselves," he said.

"We were spoiled by low energy costs in the past and it could have taken 20 years or more to get your money back. But with gas and electricity costs up so much now, it might only take five to seven years.

"It's all free energy under our feet."

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Growing pot sucks up electricity and pumps out an astounding amount of carbon dioxide — it doesn't have to

Sustainable Cannabis Cultivation leverages greenhouse design, renewable energy, automation, and water recapture to cut electricity use, emissions, and pesticides, delivering premium yields with natural light, smart sensors, and efficient HVAC and irrigation control.

 

Key Points

A data-driven, low-impact method that cuts energy, water, and chemicals while preserving premium yields.

✅ 70-90% less electricity vs. conventional indoor grows

✅ Natural light, solar, and rainwater recapture reduce footprint

✅ Automation, sensors, and HVAC stabilize microclimates

 

In the seven months since the Trudeau government legalized recreational marijuana use, licensed producers across the country have been locked in a frenetic race to grow mass quantities of cannabis for the new market.

But amid the rush for scale, questions of sustainability have often taken a back seat, and in Canada, solar adoption has lagged in key sectors.

According to EQ Research LLC, a U.S.-based clean-energy consulting firm, cannabis facilities can need up to 150 kilowatt-hours of electricity per year per square foot. Such input is on par with data centres, which are themselves 50 to 200 times more energy-intensive than a typical office building, and achieving zero-emission electricity by 2035 would help mitigate the associated footprint.

At the Lawrence Berkley National Laboratory in California, a senior scientist estimated that one per cent of U.S. electricity use came from grow ops. The same research — published in 2012 — also found that the procedures for refining a kilogram of weed emit around 4,600 kilograms of carbon dioxide to the atmosphere, equivalent to operating three million cars for a year, though a shift to zero-emissions electricity by 2035 could substantially cut those emissions.

“All factors considered, a very large expenditure of energy and consequent ‘environmental imprint’ is associated with the indoor cultivation of marijuana,” wrote Ernie Small, a principal research scientist for Agriculture and Agri-Food Canada, in the 2018 edition of the Biodiversity Journal.

Those issues have left some turning to technology to try to reduce the industry’s footprint — and the economic costs that come with it — even as more energy sources make better projects for forward-looking developers.

“The core drawback of most greenhouse environments is that you’re just getting large rooms, which are harder to control,” says Dan Sutton, the chief executive officer of Tantalus Labs., a B.C.-based cannabis producer. “What we did was build a system specifically for cannabis.”

Sutton is referring to SunLab, the culmination of four years of construction, and at present the main site where his company nurtures rows of the flowering plant. The 120,000-square foot structure was engineered for one purpose: to prove the merits of a sustainable approach.

“We’re actually taking time-series data on 30 different environmental parameters — really simple ones like temperature and humidity — all the way down to pH of the soil and water flow,” says Sutton. “So if the temperature gets a little too cold, the system recognizes that and kicks on heaters, and if the system senses that the environment is too hot in the summertime, then it automatically vents.”

A lot is achieved without requiring much human intervention, he adds. Unlike conventional indoor operations, SunLab demands up to 90 per cent less electricity, avoids using pesticides, and draws from natural light and recaptured rainwater to feed its crops.

The liquid passes through a triple-filtration process before it is pumped into drip irrigation tubing. “That allows us to deliver a purity of water input that is cleaner than bottled water,” says Sutton.

As transpiration occurs, a state-of-the-art, high-capacity airflow suspended below the ceiling cycles air at seven-minute intervals, repeatedly cooling the air and preventing outbreaks of mould, while genetically modified “guardian” insects swoop in to eliminate predatory pests.

“When we first started, people never believed we would cultivate premium quality cannabis or cannabis that belongs on the top shelf, shoulder to shoulder with the best in the world and the best of indoor,” says Sutton.

Challenges still exist, but they pale in comparison to the obstacles that American companies with an interest in adopting greener solutions persistently face, and in provinces like Alberta, an Alberta renewable energy surge is reshaping the opportunity set.

Although cannabis is legal in a number of states, it remains illegal federally, which means access to capital and regulatory clarity south of the border can be difficult to come by.

“Right now getting a new project built is expensive to do because you can’t get traditional bank loans,” says Canndescent CEO Adrian Sedlin, speaking by phone from California.

In retrofitting the company’s farm to accommodate a sizeable solar field, he struggled to secure investors, even as a solar-powered cannabis facility in Edmonton showcased similar potential.

“We spent over a year and a half trying to get it financed,” says Sedlin. “Finding someone was the hard part.”

Decriminalizing the drug would ultimately increase the supply of capital and lower the costs for innovative designs, something Sedlin says would help incentivize producers to switch to more effective and ecologically sound techniques.

Some analysts argue that selling renewable energy in Alberta could become a major growth avenue that benefits energy-intensive industries like cannabis cultivation.

Canndescent, however, is already there.

“We’re now harnessing the sun to reduce our reliance on fossil fuels and going to sustainable, or replenishable, energy sources, while leveraging the best and most efficient water practices,” says Sedlin. “It’s the right thing to do.”

 

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Nuclear plant workers cite lack of precautions around virus

Millstone COVID-19 safety concerns center on a nuclear refueling outage in Connecticut, temporary workers, OSHA complaints, PPE shortages, and disinfecting protocols, as Dominion Energy addresses virus precautions, staffing, and cybersecurity for safe voting infrastructure.

 

Key Points

Employee and union claims about PPE, cleaning, and OSHA compliance during a refueling outage at the nuclear plant.

✅ 10 positive cases; 750 temporary workers during refueling outage

✅ Union cites PPE gaps, partitions, and disinfectant effectiveness

✅ Dominion Energy notes increased cleaning, communication, staffing

 

Workers at Connecticut's only nuclear power plant worry that managers are not taking enough precautions against the coronavirus, as some utilities weigh on-site staffing measures to maintain operations, after 750 temporary employees were brought in to help refuel one of the two active reactors.

Ten employees at the Millstone Power Station in Waterford have tested positive for the virus, and, amid a U.S. grid pandemic warning, the arrival of the temporary workers alarms some of the permanent employees, The Day newspaper reported Sunday.

"Speaking specifically for the guard force, there's a lot of frustration, there's a lot of concern, and I would say there's anger," said Millstone security officer Jim Foley.

Foley, vice president of the local chapter of the United Government Security Officers of America, noted broader labor concerns such as unpaid wages for Kentucky miners while saying security personnel have had to fight for personal protective equipment and for partitions at access points to separate staff from security.

Foley also has filed a complaint with the Occupational Safety and Health Administration saying Millstone staff are using ineffective cleaning materials and citing a lack of cleaning and sanitizing, as telework limits at the EPA drew scrutiny during the pandemic, he said.

Officials at Millstone, owned by Dominion Energy, have not heard internal criticism about the plant's virus precautions, Millstone spokesman Kenneth Holt said.

"We've actually gotten a lot of compliments from employees on the steps we've taken," he said. "We've stepped up communications with employees to let them know what's going on."

As another example of communication efforts, COVID-19 updates at Site C have been published to keep workers informed.

Millstone recently increased cleaning staff on the weekends, Holt said, and there is regular disinfecting at the plant.

Separately, utility resilience remains a concern, as extended outages for tornado survivors in Kentucky may last weeks, affecting essential services.

Responding to the complaint about ineffective cleaning materials, Holt said staff members early in the pandemic went to a Home Depot and got a bottle of disinfectant that wasn't approved by the federal government as effective against the coronavirus. An approved disinfectant was brought in the next day, he said.

The deaths of nearly 2,500 Connecticut residents have been linked to COVID-19, the disease caused by the virus. More than 29,000 state residents have tested positive. As of Sunday, hospitalizations had declined for 11 consecutive days, to over 1,480.

With more people working remotely, utilities have reported higher residential electricity use during the pandemic, affecting household bills.

For most people, the coronavirus causes mild or moderate symptoms, such as fever and cough, that clear up in two to three weeks. For some, especially older adults and people with existing health problems, it can cause more severe illness, including pneumonia, and death.

In other developments related to the coronavirus:

SAFE VOTING

Secretary of the State Denise Merrill released a plan Monday aimed at making voting safe during the Aug. 11 primary and Nov. 3 general election.

Merrill said her office is requiring all cities and towns in the state to submit plans for the two elections that include a list of cleaning and safety products to be used, a list of polling locations, staffing levels at each polling location, and the names of polling workers and moderators.

Municipalities will be eligible for grants to cover the extra costs of holding elections during a pandemic, including expenses for cleaning products and increased staffing.

Merrill also announced her office and the Connecticut National Guard will perform a high-level cybersecurity assessment of the election infrastructure of all 169 towns in the state to guard against malicious actors.

Merrill's office also will provide network upgrades to the election infrastructures of 20 towns that have had chronic problems with connecting to the elections system.

 

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Can COVID-19 accelerate funding for access to electricity?

Africa Energy Access Funding faces disbursement bottlenecks as SDG 7 goals demand investment in decentralized solar, minigrids, and rural electrification; COVID-19 pressures donors, requiring faster approvals, standardized documentation, and stronger project preparation and due diligence.

 

Key Points

Financing to expand Africa's electrification, advancing SDG 7 via disbursement to decentralized solar and minigrids.

✅ Accelerates investment for SDG 7 and rural electrification

✅ Prioritizes decentralized solar, minigrids, and utilities

✅ Speeds approvals, standard docs, and project preparation

 

The time frame from final funding approval to disbursement can be the most painful part of any financing process, and the access-to-electricity sector is not spared.

Amid the global spread of the coronavirus over the last few weeks, there have been several funding pledges to promote access to electricity in Africa. In March, the African Development Bank and other partners committed $160 million for the Facility for Energy Inclusion to boost electricity connectivity in Africa through small-scale solar systems and minigrids. Similarly, the Export-Import Bank of the United States allocated $91.5 million for rural electrification in Senegal.

Rockefeller chief wants to redefine 'energy poverty'

Rajiv Shah, president of The Rockefeller Foundation, believes that SDG 7 on energy access lacks ambition. He hopes to drive an effort to redefine it.

Currently, funding is not being adequately deployed to help achieve universal access to energy. The International Energy Agency’s “Africa Energy Outlook 2019” report estimated that an almost fourfold increase in current annual access-to-electricity investments — approximately $120 billion a year over the next 20 years — is required to provide universal access to electricity for the 530 million people in Africa that still lack it.

While decentralized renewable energy across communities, particularly solar, has been instrumental in serving the hardest-to-reach populations, tracking done by Sustainable Energy for All — in the 20 countries with about 80% of those living without access to sustainable energy — suggests that decentralized solar received only 1.2% of the total electricity funding.

The spread of COVID-19 is contributing significantly to Africa’s electricity challenges across the region, creating a surge in the demand for energy from the very important health facilities, an exponential increase in daytime demand as a result of most people staying and working indoors, and a rise from some food processing companies that have scaled up their business operations to help safeguard food security, among others. Thankfully — and rightly so — access-to-electricity providers are increasingly being recognized as “essential service” providers amid the lockdowns across cities.

To start tackling Africa’s electricity challenges more effectively, “funding-ready” energy providers must be able to access and fulfill the required conditions to draw down on the already pledged funding. What qualifies as “funding readiness” is open to argument, but having a clear, commercially viable business and revenue model that is suitable for the target market is imperative.

Developing the skills required to navigate the due-diligence process and put together relevant project documents is critical and sometimes challenging for companies without prior experience. Typically, the final form of all project-related agreements is a prerequisite for the final funding approval.

In addition, having the right internal structures in place — for example, controls to prevent revenue leakage, an experienced management team, a credible board of directors, and meeting relevant regulatory requirements such as obtaining permits and licenses — are also important indicators of funding readiness.

1. Support for project preparation. Programs — such as the Private Financing Advisory Network and GET.invest’s COVID-19 window — that provide business coaching to energy project developers are key to helping surmount these hurdles and to increasing the chances of these projects securing funding or investment. Donor funding and technical-assistance facilities should target such programs.

2. Project development funds. Equity for project development is crucial but difficult to attract. Special funds to meet this need are essential, such as the $760,000 for the development of small-scale renewable energy projects across sub-Saharan Africa recently approved by the African Development Bank-managed Sustainable Energy Fund for Africa.

3. Standardized investment documentation. Even when funding-ready energy project developers have secured investors, delays in fulfilling the typical preconditions to draw down funds have been a major concern. This is a good time for investors to strengthen their technical assistance by supporting the standardization of approval documents and funding agreements across the energy sector to fast-track the disbursement of funds.

4. Bundled investment approvals and more frequent approval sessions. While we implement mechanisms to hasten the drawdown of already pledged funding, there is no better time to accelerate decision-making for new access-to-electricity funding to ensure we are better prepared to weather the next storm. Donors and investors should review their processes to be more flexible and allow for more frequent meetings of investment committees and boards to approve transactions. Transaction reviews and approvals can also be conducted for bundled projects to reduce transaction costs.

5. Strengthened local capacity. African countries must also commit to strengthening the local manufacturing and technical capacity for access-to-electricity components through fiscal incentives such as extended tax holidays, value-added-tax exemptions, accelerated capital allowances, and increased investment allowances.

The ongoing pandemic and resulting impacts due to lack of electricity have further shown the need to increase the pace of implementation of access-to-electricity projects. We know that some of the required capital exists, and much more is needed to achieve Sustainable Development Goal 7 — about access to affordable and clean energy for all — by 2030.

It is time to accelerate our support for access-to-electricity companies and equip them to draw down on pledged funding, while calling on donors and investors to speed up their funding processes to ensure the electricity gets to those most in need.

 

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Alberta creates fund to help communities hit by coal phase-out

Alberta Coal Community Transition Fund backs renewables, natural gas, and economic diversification, offering grants, workforce retraining, and community development to municipalities and First Nations as Alberta phases out coal-fired power by 2030.

 

Key Points

A provincial grant helping coal-impacted communities diversify, retrain workers, and transition to renewables by 2030.

✅ Grants for municipalities and First Nations

✅ Supports diversification and job retraining

✅ Focus on renewables, natural gas, and new sectors

 

The Coal Community Transition Fund is open to municipalities and First Nations affected as Alberta phases out coal-fired electricity by 2030 under the federal coal plan to focus on renewables and natural gas.

Economic Development Minister Deron Bilous says the government wants to ensure these communities thrive through the transition, aligning with views that fossil-fuel workers support the energy transition across the economy.

“Residents in our communities have concerns about the transition away from coal, even as discussions about phasing out fossil fuels in B.C. unfold nationally,” Rod Shaigec, mayor of Parkland County, said.

“They also have ideas on how we can mitigate the impacts on workers and diversify our economy, including clean energy partnerships to create new employment opportunities for affected workers. We are working to address those concerns and support their ideas. This funding means we can make those ideas a reality in various economic sectors of opportunity.”

The coal-mining town of Hanna, northeast of Calgary, has already received $450,000 through the program to work on economic diversification, exploring options like bridging the Alberta-B.C. electricity gap that could support new industries.

The application deadline for the coal transition fund is the end of November.

A provincial advisory panel is also expected to report back this fall on ways to create new jobs and retrain workers during the coal phase-out.

 

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Trump's Proposal on Ukraine's Nuclear Plants Sparks Controversy

Ukraine Nuclear Plant Ownership Proposal outlines U.S. management of Ukrainian reactors amid the Russia-Ukraine war, citing nuclear safety, energy security, and IAEA oversight; Kyiv rejects ownership transfer, especially regarding Zaporizhzhia under Russian control.

 

Key Points

U.S. control of Ukraine's nuclear plants for safety; Kyiv rejects transfer, citing sovereignty risks at Zaporizhzhia.

✅ U.S. proposal to manage Ukraine's reactors amid war

✅ Kyiv refuses ownership transfer; open to investment

✅ Zaporizhzhia under Russian control raises safety risks

 

In the midst of the ongoing conflict between Russia and Ukraine, U.S. President Donald Trump has proposed a controversial idea: Ukraine should give its nuclear power plants to the United States for safekeeping and management. This suggestion came during a phone call with Ukrainian President Volodymyr Zelenskyy, wherein Trump expressed the belief that American ownership of these nuclear plants could offer them the best protection amid the ongoing war. But Kyiv, while open to foreign support, has firmly rejected the idea of transferring ownership, especially as the Zaporizhzhia nuclear plant remains under Russian occupation.

Ukraine’s nuclear energy infrastructure has always been a vital component of its power generation. Before the war, the country’s four nuclear plants supplied nearly half of its electricity. As Russia's military forces target Ukraine's energy infrastructure, including power plants and coal mines, international watchdogs like the IAEA have warned of nuclear risks as these nuclear facilities have become crucial to maintaining the nation’s energy stability. The Zaporizhzhia plant, in particular, has attracted international concern due to its size and the ongoing threat of a potential nuclear disaster.

Trump’s Proposal and Ukraine’s Response

Trump’s proposal of U.S. ownership came as a response to the ongoing threats posed by Russia’s occupation of the Zaporizhzhia plant. Trump argued that the U.S., with its expertise in running nuclear power plants, could safeguard these facilities from further damage and potential nuclear accidents. However, Zelenskyy quickly clarified that the discussion was only focused on the Zaporizhzhia plant, which is currently under Russian control. The Ukrainian president emphasized that Kyiv would not entertain the idea of permanently transferring ownership of its nuclear plants, even though they would welcome investment in their restoration and modernization, particularly after the war.

The Zaporizhzhia nuclear plant has been a focal point of geopolitical tensions since Russia's occupation in 2022. Despite being in "cold shutdown" to prevent further risk of explosions, the facility remains a major concern due to its potential to cause a nuclear disaster. Ukrainian officials, along with international observers, have raised alarm about the safety risks posed by the plant, including mines at Zaporizhzhia reported by UN watchdogs, which is situated in a war zone and under the control of Russian forces who are reportedly neglecting proper safety protocols.

The Fear of a Nuclear Provocation

Ukrainians have expressed concerns that Trump’s proposal could embolden Russia to escalate tensions further, even as a potential agreement on power-plant attacks has been discussed by some parties. Some fear that any attempt to reclaim the plant by Ukraine could trigger a Russian provocation, including a deliberate attack on the plant, which would have catastrophic consequences for both Ukraine and the broader region. The analogy is drawn with the destruction of the Nova Kakhovka dam, which Ukraine accuses Russia of sabotaging, an act that severely disrupted water supplies to the Zaporizhzhia plant. Ukrainian military officials, including Ihor Romanenko, a former deputy head of Ukraine’s armed forces, warned that Trump’s suggestion might be an exploitation of Ukraine’s vulnerable position in the ongoing war.

Despite these fears, there are some voices within Ukraine, including former employees of the Zaporizhzhia plant, who believe that a deliberate attack by Russian forces is unlikely. They argue that the Russian military needs the plant in functioning condition for future negotiations, with Russia building new power lines to reactivate the site as part of that calculus, and any damage could reduce its value in such exchanges. However, the possibility of Russian negligence or mismanagement remains a significant risk.

The Strategic Role of Ukraine's Nuclear Plants

Ukraine's nuclear plants were a cornerstone of the country’s energy sector long before the conflict began. In recent years, as Ukraine lost access to coal resources in the Donbas region due to Russian occupation, nuclear power became even more vital, alongside a growing focus on wind power to improve resilience. The country’s reliance on these plants grew as Russia launched a sustained campaign to destroy Ukraine’s energy infrastructure, including attacks on nuclear power stations.

The Zaporizhzhia plant, in particular, holds strategic importance not only due to its size but also because of its location in southeastern Ukraine, an area that has been at the heart of the conflict. Despite being in Russian hands, the plant’s reactors have been safely shut down, reducing the immediate risk of a nuclear explosion. However, the plant’s future remains uncertain, as Russia’s long-term control over it could disrupt Ukraine’s energy security for years to come.

Wider Concerns About Aging Nuclear Infrastructure

Beyond the geopolitical tensions, there are broader concerns about the aging infrastructure of Ukraine's nuclear power plants. International watchdogs, including the environmentalist group Bankwatch, have criticized these facilities as “zombie reactors” due to their outdated designs and safety risks. Experts have called for Ukraine to decommission some of these reactors, fearing that they are increasingly unsafe, especially in the context of a war.

However, Ukrainian officials, including Petro Kotin, head of Energoatom (Ukraine's state-owned nuclear energy company), argue that these reactors are still functional and critical to Ukraine's energy needs. The ongoing conflict, however, complicates efforts to modernize and secure these facilities, which are increasingly vulnerable to both physical damage and potential nuclear hazards.

The Global Implications

Trump's suggestion to take control of Ukraine's nuclear power plants has raised significant concerns on the international stage. Some fear that such a move could set a dangerous precedent for nuclear security and sovereignty. Others see it as an opportunistic proposal that exploits Ukraine's wartime vulnerability.

While the future of Ukraine's nuclear plants remains uncertain, one thing is clear: these facilities are now at the center of a geopolitical struggle that could have far-reaching consequences for the energy security of Europe and the world. The safety of these plants and their role in Ukraine's energy future will remain a critical issue as the war continues and as Ukraine navigates its relations with both the U.S. and Russia, with the grid even having resumed electricity exports at times.

 

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New bill would close loophole that left hundreds of Kentucky miners with cold checks

Kentucky Coal Wage Protection Bill strengthens performance bond enforcement, links Energy and Environment Cabinet and Labor Cabinet notifications, addresses Blackjewel bankruptcy fallout, safeguards unpaid miners, ties mining permits to payroll bonds, penalizes violators via revocations.

 

Key Points

A Kentucky plan to enforce wage bonds and revoke mining permits to protect miners after bankruptcies.

✅ Requires wage bonds for firms under 5 years

✅ Links Energy and Environment Cabinet and Labor Cabinet

✅ Violators face permit revocation in 90 days

 

Following the high-profile bankruptcy of a coal company that left hundreds of Kentucky miners with bad checks last month, Sen. Johnny Ray Turner (D-Prestonsburg) said he will pre-file a bill Thursday aimed at closing a loophole that allowed the company to operate in violation of state law.

The bill would also compel state agencies to determine whether other companies are currently in violation of the law, and could revoke mining permits if the companies don't comply.

Turner's bill would amend an already-existing law that requires coal and construction companies that have been operating in Kentucky for less than five years to post a performance bond to protect wages if the companies cease their operations.

Blackjewel LLC., which employed hundreds of miners in Eastern Kentucky, failed to post that bond. When it shut its mines down and filed for bankruptcy last month, it left hundreds of miners without payment for 3 weeks and one day of work.

The bond issue has sparked criticism from various state officials, including Attorney General Andy Beshear, who said Tuesday that he would investigate whether other companies are currently in violation, similar to an external investigation of utility workers in another jurisdiction.

Blackjewel issued cold checks to its employees June 28, and when the checks bounced days later, many employees were left with bank accounts overdrawn by more than $1,000. The bankruptcy left many miners and their families with concerns over upcoming bill and mortgage payments, and, as unpaid days off at utilities elsewhere show, the strain on workers can be severe, and fostered a ongoing protest that blocked a train hauling coal from one of the company's Harlan County mines.

Blackjewel had been operating in Kentucky for about two years before it filed for bankruptcy, so it should have paid the performance bond, according to state law.

David A. Dickerson, the Kentucky Labor Cabinet Secretary, said the law as it's currently written does not set up any mechanism that notifies the cabinet, or provides comparable public reporting at large utility projects elsewhere, when a company opens in Kentucky that is supposed to pay the bond.

That allowed Blackjewel to operate for two years without any protection for workers before it closed its mines. Had the company posted the bond according to state law, miners likely would have been paid for the work they had already completed, officials said.

The law requires companies to set aside enough money to cover payroll for four weeks.

Turner's bill would compel the state Energy and Environment Cabinet to notify the Labor Cabinet's Department of Workplace Standards of any application for a mining permit from a company that has been doing business in Kentucky for less than five years.

It also compels the EEC to notify the Labor Cabinet of any companies that already have permits that are subject to the bond.

"It should have already been that way, but I'm happy so our children don't have to go through this," said Jeff Willig, a former Blackjewel miner who helped launch the protest at the railroad.

Willig said he and other miners will continue to block the tracks until they receive payment for their past work.

Any company currently operating in violation of the law would have 90 days to become compliant before its mining permits are revoked. New companies that are applying for permits will be required post the bond before permits are issued.

"Hopefully it will take care of the loopholes that had been exploited by Blackjewel," Turner said.

The bill will be taken up by the legislature when it returns to session in January. It would also cover attorneys' fees if workers are forced to sue their employer to cover wages, underscoring broader worker safety concerns during health emergencies.

Turner said he has reached out to Republican leadership in the Senate, and expects the bill to have bipartisan support come January.

Turner announced the legislation at a press conference in Harlan, the county with the highest population of Blackjewel employees affected by the bankruptcy, and as prolonged utility outages after tornadoes have strained other Kentucky communities.

State rep. Angie Hatton (D-Whitesburg) was also in attendance, along with rep. Chris Fugate (R-Chavies) and state Sen. Morgan McGarvey (D-Louisville).

Hatton said the bankruptcy has had serious economic impact throughout Eastern Kentucky, including in Letcher County, which is home to more than 130 former Blackjewel workers.

"This is something that has done a lot of damage to Eastern Kentucky," Hatton said.

Hatton plans to file the same bill in the state House of Representatives.

Fugate commended community members in Harlan County and elsewhere who have banded together in support of the miners by donating children's clothing, school supplies, food and other goods, while other regions have created a coal transition fund to help displaced workers.

Mosley called the bankruptcy "totally unprecedented" and said the current performance bond law, which has been on-the-books since 1986, lacked the enforcement necessary to protect miners in bankruptcies like Blackjewel's, even as a workplace safety fine in another case shows regulatory consequences in other industries.

"There was a law, there wasn't good enough process," Mosley said.

Blackjewel received court approval to sell many of its mines last month, including many in Kentucky, to Kopper Glo Mining, LLC.

As part of the sale agreement, Kopper Glo said it would pay $450,000 to cover the past wages of Blackjewel miners, and collect a per ton fee accumulating up to $550,000 that it will also contribute to pay back wages.

That total $1 million is less than half of all back wages owed to Blackjewel miners, but attorneys who filed a class action suit against the company said miners have a priority lien on the purchase price. That could allow former Blackjewel employees to make good on their back wages as bankruptcy proceedings continue.

Mosley said he spoke with a Kopper Glo official Thursday, who said the company is working to re-open the mines as quickly as possible. The official did not give an exact timeline.

 

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