A green giant emerges from ChinaÂ’s smog

By Globe and Mail


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In an artist's rendition, the Pearl River Tower soars above the Guangzhou skyline looking like a cross between a flattened rocket ship and a cellphone.

Still a half-completed, hulking concrete shell, the 71-storey building in China's southern industrial hub is billed to become one of the world's greenest office towers when it's finished late next year.

"We believe it will be the most energy-efficient tower in the world," said Roger Frechette, an engineer and the Chicago-based director of sustainable engineering with Skidmore Owings and Merrill LLP (SOM), the U.S. firm that designed the building and is overseeing its construction.

"Hopefully it will be the first of many built in the world. We really need them now," Mr. Frechette said in an interview during one of his many trips to Guangzhou. He calls the 2.2-million-square-foot tower "the project of a lifetime."

Though the total cost of the building has not been disclosed, it will use about $13-million (US) in environmental technologies and adaptations, including wind turbines to supply its power, and heat-saving and cooling technologies to minimize the amount of electricity consumed. The tower's top 10 floors are to serve as the headquarters of the state-government-affiliated Guangdong Tobacco Co., with additional office space to be leased later.

The state affiliation has allowed the designers to test what they believe is a new frontier in sustainable construction, which they say at present may be possible only in China. While the recession has slowed building work in other booming centres such as Dubai (where SOM was the architect behind the spindle-like Burj Dubai skyscraper), massive government spending in China has kept the cranes operating.

Until recently, environmental concerns have taken a back seat to the incredible pace of development in China, where the government has resisted accepting targets to limit carbon emissions ahead of the UN climate summit in Copenhagen.

But there is increasing interest in the use of green technologies. Under law, China is required to produce 15 per cent of its energy from renewable sources by 2020. The 2006 law is driving the construction of massive wind farms, the world's biggest plant to convert sunlight to electricity, and an entire city — Ordos in Inner Mongolia — built on the concept of sustainable living.

In Beijing, developments such as the Modern MOMA office and residential complex include geothermal heating, wastewater recycling to feed its surrounding gardens, and a specialized indoor ventilation system.

But the Pearl River Tower is seen as one of China's most experimental buildings yet.

"When we first put the design together, we had a lot of people look at it, even in our own firm, who said, 'You're wasting your time. China's not really interested in sustainability,' " Mr. Frechette recalls.

"A lot of people made that assumption and I think it's wrong.... In the last few years, we've seen China get very aggressive on sustainability."

Initially, the tower was designed to be a "zero-energy" structure, meaning it would produce as much power as it consumed using a series of wind turbines. Though that design had to be modified to fit local regulations, the tower will still use half as much power as regular office buildings for heating and cooling, ventilation and lighting.

Two floors of the tower will have wind turbines built inside; the building is designed to funnel the prevailing winds in through openings in its walls to keep the turbines running.

Double windows and automated window shades will help regulate the temperature; rooms will be cooled using chilled water run through copper pipes, saving space over traditional air conditioning systems.

The architects also promise that the cutting-edge ventilation system will produce better indoor air quality, a key issue in China where air pollution and outbreaks of airborne viruses such as H1N1 and, in years past, SARS are major concerns.

Opinions are mixed as to whether the tower will live up to its billing. "China's green technology must fit with China-specific conditions," cautioned Qin Youguo, a professor in the School of Architecture at Beijing's prestigious Tsinghua University.

"Being green here means the technology helps people in harmony with nature in a low-energy and sustainable way," Prof. Qin said. "What works as green technology in another country may not be green in China if it doesn't fit the situation here."

While Prof. Qin criticized many of the efforts thus far as showpieces with little real impact, others in the industry say real progress is being made. Architects say Chinese developers' interest in green concepts such as water recycling and energy efficiency is growing, and that clients are also calling for such ideas in project proposals.

"Generally, I can feel more interest of Chinese developers on the green concepts, such as environmentally friendly, power-saving, water-saving, low-carbon-emission [designs], especially in the last couple of years," said Ma Weijun, assistant chief engineer at Shanghai-based East China Architectural Design and Research Institute Co. (ECADI), one of China's leading architectural firms. "Sometimes, it is the clients' requests but we also guide our clients in this way. I can feel the change through our clients," Mr. Ma said.

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Canada and Manitoba invest in new turbines

Manitoba Clean Electricity Investment will upgrade hydroelectric turbines, expand a 230 kV transmission network, and deliver reliable, affordable low-carbon power, reducing greenhouse gas emissions and strengthening grid reliability across Portage la Prairie and Winnipeg River.

 

Key Points

Joint federal-provincial funding to upgrade hydro turbines and build a 230 kV grid, boosting reliable, low-carbon power.

✅ $314M for new turbines at Pointe du Bois (+52 MW capacity)

✅ $161.6M for 230 kV transmission in Portage la Prairie

✅ Cuts Brandon Generating Station emissions by ~37%

 

The governments of Canada and Manitoba have announced a joint investment of $475.6 million to strengthen Manitoba’s clean electricity grid that can support neighboring provinces with clean power and ensure continued supply of affordable and reliable low-carbon energy.

This federal-provincial investment provides $314 million for eight new hydroelectric turbines at the 75 MW Pointe du Bois Generating Station on the Winnipeg River, as well as $161.6 million to build a new 230 kV transmission network in the Portage la Prairie area, bolstering power sales to SaskPower and regional reliability.

The $314 million joint investment in the Pointe du Bois Renewable Energy Project includes $114.1 million from the Government of Canada and nearly $200 million from the Government of Manitoba. The joint investment will enable Manitoba Hydro to replace eight generating units that are at the end of their lifecycle, amid looming new generation needs for the province. The new, more efficient units will increase the capacity of the Pointe du Bois generating station by 52 MW.

The $161.6 million joint investment in the Portage Area Capacity Enhancement project includes $70.9 million from the Government of Canada and $90.6 million from the Government of Manitoba. The joint investment will support the construction of a new transmission line to enhance reliability for customers across southwest Manitoba and help Manitoba Hydro meet increasing demand, with projections that demand could double over the next two decades. By decreasing Manitoba’s reliance on its last grid-connected fossil-fuel generating station, this investment will reduce greenhouse gas emissions at the Brandon Generating Station by about 37%.

The federal government’s total contribution of $184.9 million is provided through the Green Infrastructure Stream of the Investing in Canada Plan, alongside efforts to improve interprovincial grid integration such as NB Power agreements with Hydro-Quebec that strengthen regional reliability. This federal funding is conditional on meeting Indigenous consultation requirements, as well as environmental assessment obligations. Including today’s announcement, the Green Infrastructure Stream has supported 38 infrastructure projects in Manitoba, for a total federal contribution of more than $766.8 million and a total provincial contribution of over $658.4 million.

“A key part of our economic plan is making Canada a clean electricity superpower. Today’s announcement in Manitoba will deliver clean, reliable, and affordable electricity to people and businesses across the province—and we will continue working to expand our clean electricity grid and create great careers for people from coast to coast to coast,” said Deputy Prime Minister and Finance Minister Chrystia Freeland.

The federal government will continue to invest in making Canada a clean electricity superpower, supporting provincial initiatives like Hydro-Quebec's fossil-free strategy that complement these investments to ensure Canadians from coast to coast to coast have the affordable and reliable clean electricity they need today and for generations to come.

“Manitoba Hydro is extremely pleased to be receiving this federal funding through the Green Infrastructure Stream of the Investing in Canada Infrastructure Program. The investments we are making in both these critical infrastructure projects will help provide Manitobans with energy for life and power our province’s economic growth with clean, reliable, renewable hydroelectricity. These projects build on our legacy of investments in renewable energy over the past 100 years, as we work towards a lower carbon future for all Manitobans,” said Jay Grewal, president and chief executive officer of Manitoba Hydro.

About 97% of Manitoba’s electricity is generated from clean hydro, with most of the remaining 3% coming from wind generation. Manitoba’s abundant clean electricity has resulted in Manitobans paying 9.455 ¢/kWh — the second-lowest electricity rate in Canada, though limits on serving new energy-intensive customers have been flagged recently.

 

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"Kill the viability": big batteries to lose out from electricity grid rule change

AEMC Storage Charging Rules spark industry backlash as Tesla, Snowy Hydro, and investors warn transmission charges on batteries and pumped hydro could deter grid-scale storage, distort the National Electricity Market, and slow decarbonisation.

 

Key Points

AEMC Storage Charging Rules are proposals to bill grid storage for network use, shaping costs and investment.

✅ Charges apply when batteries draw power; double-charging concerns.

✅ Tesla and Snowy Hydro warn of reduced viability and delays.

✅ AEMO recommends exemptions; investors seek certainty.

 

Tesla, Snowy Hydro and other big suppliers of storage capacity on Australia’s main electricity grid warn proposed rule changes amount to a tax on their operations that will deter investors and slow the decarbonisation of the industry.

The Australian Energy Market Commission (AEMC) will release its final decision this Thursday on new rules for integrating batteries, pumped hydro and other forms of storage.

The AEMC’s draft decision, released in July, angered many firms because it proposed charging storage providers for drawing power, ignoring a recommendation by the Australian Electricity Market Operator (AEMO) that they be exempt.

Battery maker Tesla, which has supplied some of the largest storage to the National Electricity Market, said in a submission that the charges would “kill the commercial viability of all grid storage projects, causing inefficient investment in alternative network”, with consumers paying higher costs.

Snowy Hydro, which is building the giant Snowy 2 pumped storage project and already operates a smaller one, said in its submission the proposed changes if implemented would jeopardise investment.

“This is a major policy change, amounting to a tax on infrastructure critical to achieving a renewable future,” Snowy Hydro said.

AEMO itself argued it was important storage providers were not “disincentivised from connecting to the transmission network, as they generally provide a net benefit to the power system by charging at periods of low demand”.

Australia’s electricity grid faces economic and engineering challenges, similar to Ontario's storage push as it adjusts to the arrival of lower cost and also lower carbon alternatives to fossil fuels.

While rule changes are necessary to account for operators that can both draw from and supply power, how they are implemented can have long-lasting effects on the technologies that get encouraged or repelled, including control of EV charging issues, independent experts say.

“It doesn’t have to be this way,” said Bruce Mountain, director of the Victoria Energy Policy Centre. “In Britain, where the UK grid transformation is underway, the regulator dealing with the same issues has said that storage devices don’t pay the system charges when they withdraw electricity from the grid,” he said.

The prospect that storage operators will have to pay transmission charges could “drastically” affect their profitability since their business models rely on the difference between the price their pay for power and how much they can sell it for. Gas generators and network monopolies would benefit from the change, Mountain said.

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An AEMC spokesperson said the commission had consulted widely, including from those who objected to the payment for transmission access.

“The market is moving towards a future that will be increasingly reliant on energy storage to firm up the growing volume of renewable energy and deliver on the increasing need for critical system security services, with examples such as EVs supporting grid stability in California as the ageing fleet of thermal generators retire,” the spokesperson said, declining to elaborate on the final ruling before it is published.

“The regulatory framework needs to facilitate this transition as the energy sector continues to decarbonise,” the official said.

AusNet, which operates the Victorian energy transmission grid, said that while “technological neutrality is paramount for battery and hybrid unit connections to both the distribution and transmission networks,” it did not back charging storage access to networks in all cases.

“[Ausnet] supports a clear exemptions framework for energy storage providers,” a spokesperson said. “We recommend that batteries and other hybrid facilities should have transmission use of system charges waived if they provide a net benefit to network customers.”

We are not aware of anyone that supports the charging storage access to networks in all circumstances.

“Batteries and hybrid facilities that consume energy from the network should be provided no preferential treatment relative to other customers and generators.”

Jonathan Upson, a principal at Strategic Renewable Consulting, though, said the AEMC wants electricity flowing through batteries to be taxed twice to pay network charges – once when the electricity charges the battery and then again when the same electricity is sent out by the battery an hour or two later but this time with customers paying.

“The AEMC’s draft decision has the identical rationale for eliminating franking credits on all dividends, resulting in double taxing of company profits,” he said.

Christiaan Zuur, director of energy transformation at the Clean Energy Council, said that while much of AEMC’s draft proposal was constructive, “those benefits are either nullified or maybe even outweighed” by uncertainty over charges.

“Risk perception” will be important since potential newcomers won’t be sure of what charges they will pay to connect to the grid and existing operators could have their connection agreements reopened, Zuur said.

“Investors focus on the potential risk. It does factor through to the integral costs for projects,” he said.

The outcome of new charges may prompt more people to put batteries on their premises and draw power from their own solar panels, Mountain said, with rising EV adoption introducing new grid challenges, cutting their reliance on a centralised network.

“Ironically, it encourages customers to depend less and less on the grid,” he said. “It’s almost like the capture of the dominant interests playing out over time at their own expense.”

Separately, the latest edition of the Clean Energy Council Confidence Index shows leadership by state governments is helping to shore up investor appetite for investing in renewable energy amid 2021 electricity lessons even with higher 2030 emissions reduction goals from the federal government.

Overall, investor confidence increased by a point in the last six months – from 6.3 to 7.3 out of 10 – following strong commitments and policy development from state governments, particularly on the east coast, the council said.

“The results of this latest survey illustrate the economic value in policy that lowers the emissions footprint of our electricity generation, supporting regional centres and creating jobs. Investors recognise the opportunities created by limiting global temperature rise to 1.5 degrees,” said council chief executive Kane Thornton.

Among the states, NSW, Victoria and Queensland led in terms of positive investor sentiment.

Correction: this article was amended on 30 November. An earlier version stated Ausnet supported charging storage for network access. A spokesperson said it backed a waiver on charges if certain conditions are met.        

 

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Calgary electricity retailer urges government to scrap overhaul of power market

Alberta Capacity Market Overhaul faces scrutiny over electricity costs, reliability targets, investor certainty, and AESO design, as UCP reviews NDP reforms, renewables integration, and deregulated energy-only alternatives impacting generators, ratepayers, and future power price volatility.

 

Key Points

A shift paying generators for capacity and energy to improve reliability; critics warn of higher electricity costs.

✅ UCP reviewing NDP plan and subsidies amid market uncertainty

✅ AESO cites reliability needs as coal retires, renewables grow

✅ Critics predict overprocurement and premature launch cost spikes

 

Jason Kenney's government is facing renewed pressure to cancel a massive overhaul of Alberta's power market that one player says will needlessly spike costs by hundreds of millions of dollars, amid an electricity sector in profound change today.

Nick Clark, who owns the Calgary-based electricity retailer Spot Power, has sent the Alberta government an open letter urging it to walk away from the electricity market changes proposed by the former NDP government.

"How can you encourage new industry to open up when one of their raw material costs will increase so dramatically?" Clark said. "The capacity market will add more costs to the consumer and it will be a spiral downwards."

But NDP Leader Rachel Notley, whose government ushered in the changes, said fears over dramatic cost increases are unfounded.

"There are some players within the current electricity regime who have a vested interest in maintaining the current situation," Notley said

Kenney's UCP vowed during the recent election to review the current and proposed electricity market options, as the electricity market heads for a reshuffle, with plans to report on its findings within 90 days.

The party also promised to scrap subsidies for renewable power, while ensuring "a market-based electricity system" that emphasizes competition in Alberta's electricity market for consumers.

The New Democrats had opted to scrap the current deregulated power market — in place since the Klein era — after phasing out coal-fired generation and ushering in new renewable power as part of changes in how Alberta produces and pays for electricity under their climate change strategy.

The Alberta Electric System Operator, which oversees the grid, says the province will need new sources of electricity to replace shuttered coal plants and backstop wind and solar generators, while meeting new consumer demand.

After consulting with power companies and investors, the AESO concluded in late 2016 the electricity market couldn't attract enough investment to build the needed power generation under the current model.

The AESO said at the time investors were concerned their revenues would be uncertain once new plants are running. It recommended what's known as a capacity market, which compensates power generators for having the ability to produce electricity, even when they're not producing it.

In other words, producers would collect revenue for selling electricity into the grid and, separately, for having the capacity to produce power as a backstop, ensuring the lights stay on. Power generators would use this second source of income to help cover plant construction costs.

Clark said the complex system introduces unnecessary costs, which he believes would hurt consumers in the end. He said what's preventing investment in the power market is uncertainty over how the market will be structured in the future.

"What investors need to see in this market is price certainty, regulatory ease, and where the money they're putting into the marketplace is not at risk," he said.

"They can risk their own money, but if in fact the government comes in and changes the policy as it was doing, then money stayed away from the province."

Notley said a capacity market would not increase power bills but would avoid big price swings, with protections like a consumer price cap on power bills also debated, while bringing greener sources of energy into Alberta's grid.

"Moving back to the [deregulated] energy-only market would make a lot of money for a few people, and put consumers, both industrial and residential, at great risk."

Clark disagrees, citing Enmax's recent submissions to the Alberta Utilities Commission, in which the utility argues the proposed design of the capacity market is flawed.

In its submissions to the commission, which is considering the future of Alberta's power market, Enmax says the proposed system would overestimate the amount of generation capacity the province will need in the future. It says the calculation could result in Alberta procuring too much capacity.

The City of Calgary-owned utility says this could drive up costs by anywhere from $147 million to $849 million a year. It says a more conservative calculation of future electricity demand could avoid the extra expense.

An analysis by a Calgary energy consulting firm suggests a different feature of the proposed power market overhaul could also lead to a massive spike in costs.

EDC Associates, hired by the Consumers' Coalition of Alberta, argues the proposal to launch the new system in November 2021 may be premature, because it could bring in additional supplies of electricity before they're needed.

The consultant's report, also filed with the Alberta Utilities Commission, estimates the early launch date could require customers to pay 40 per cent more for electricity amid rising electricity prices in the province — potentially an extra $1.4 billion — in 2021/22.

"The target implementation date is politically driven by the previous government," said Duane Reid-Carlson, president of EDC Associates.

Reid-Carlson recommends delaying the launch date by several years and making another tweak: reducing the proposed target for system reliability, which would scale back the amount of power generation needed to backstop renewable sources.

"You could get a result in the capacity market that would give a similar cost to consumers that the [deregulated] energy-only market design would have done otherwise," he said.

"You could have a better risk profile associated with the capacity market that would serve consumers better through lower cost, lower price volatility, and it would serve generators better by giving them better access to capital at lower costs."

The UCP government did not respond to a request for comment.

 

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Typical Ontario electricity bill set to increase nearly 2% as fixed pricing ends

Ontario Electricity Rates update: OEB sets time-of-use and tiered pricing for residential customers, with kWh charges for peak, mid-peak, and off-peak periods reflecting COVID-19 impacts on demand, supply costs, and pricing.

 

Key Points

Ontario Electricity Rates are OEB-set time-of-use and tiered prices that set per-kWh costs for residential customers.

✅ Time-of-use: 21.7 peak, 15.0 mid-peak, 10.5 off-peak cents/kWh

✅ Tiered: 12.6 cents/kWh up to 1000 kWh, then 14.6 cents/kWh

✅ Average 700 kWh home pays about $2.24 more per month

 

Energy bills for the typical Ontario home are going up by about two per cent with fixed pricing coming to an end on Nov. 1, the Ontario Energy Board says. 

The province's electricity regulator has released new time-of-use pricing and says the rate for the average residential customer using 700 kWh per month will increase by about $2.24.

The change comes as Ontario stretches into its eight month of the COVID-19 pandemic with new case counts reaching levels higher than ever seen before.

Time-of-use pricing had been scrapped for residential bills for much for the pandemic with a single fixed COVID-19 hydro rate set for all hours of the day. The move, which came into effect June 1, was meant "to support families, small business and farms while Ontario plans for the safe and gradual reopening of the province," the OEB said at the time.

Ontario later set the off-peak price until February 7 around the clock to provide additional relief.

Fixed pricing meant customers' bills reflected how much power they used, rather than when they used it. Customers were charged 12.8 cents/kWh under the COVID-19 recovery rate no matter their time of use.

Beginning November, the province says customers can choose between time-of-use and tiered pricing options. Rates for time-of-use plans will be 21.7 cents/kWh during peak hours, 15 cents/kWh for mid-peak use and 10.5 cents/kWh for off-peak use. 

Customers choosing tiered pricing will pay 12.6 cents/kWh for the first 1000 kWh each month and then 14.6 cents/kWh for any power used beyond that.

The energy board says the increase in pricing reflects "a combination of factors, including those associated with the COVID-19 pandemic, that have affected demand, supply costs and prices in the summer and fall of 2020."

Asked for his reaction to the move Tuesday, Premier Doug Ford said, "I hate it," adding the province inherited an energy "mess" from the previous Liberal government and are "chipping away at it."

 

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Iran to Become Regional Hub for Renewable Energies

Iran Renewable Energy Strategy targets productivity first, then wind power expansion, investment, and exports, overcoming US sanctions, banking and forex limits, via private sector partnerships, precise wind maps, and regional grid interconnections.

 

Key Points

A policy prioritizing efficiency, wind deployment, and investor access while navigating US sanctions and currency limits.

✅ Prioritize efficiency, then scale wind generation capacity

✅ Leverage private sector, rial contracts, attract foreign capital

✅ Map high-wind corridors: Zabol, Khaf, Doroud; target exports

 

Deputy Energy Minister on Renewable Energies Affairs says the U.S. sanctions have currently affected the economic, banking and forex sectors of the country as the country‘s medicine is under sanctions and it means renewable energies are also under sanctions, and, globally, pandemic disruptions have compounded pressures on supply chains.

Speaking in a press conference yesterday, Mohammad Satkin said leading countries first focus on productivity then they turn to electricity production and the ministry in the first step has focused on productivity then on renewables, noting that renewables are now the cheapest new power in many regions, reiterating that the ministry will use all existing potentials in this regard especially in utilizing wind.

He added that the ministry is doing its best that the country would become the hub in the region for rush of investors and those who want take advantage of Iran’s experience in renewables, as markets like the U.S. scale renewables to a quarter of generation in coming years.

Satkin added that in the eastern part, the country has the biggest windy fields with capacity over 40mw. So the ministry is doing its best with full support of the private sector in equipping and investing in this field to carry out new policies.

He noted that in the past 12 years, wind potentials of the country have been under study, noting that country has three special channels in the east as one of them is north of Zabol which is very valuable in terms of energy and it has capability for construction of 2 to 3mw power station.

Satkin further said Khaf channel is the other one which has one of the most unique winds in the world, while Saudi wind expansion underscores regional momentum, and it can be developed for over 1000mw station. The windy region of Doroud is the third channel where the 50mw project has been kicked off there and it has capability for construction of some thousand-megawatt wind power station.

He added that Iran has prepared one of the most precise maps and it has even identified the border regions like with Afghanistan and perhaps in the future, Iran and Afghanistan may launch a joint project as Iran has enough expertise to offer its neighboring countries and as IRENA's decarbonisation roadmap highlights wider socio-economic benefits.

On signing agreement with foreign companies, Satkin said the ministry pays the sum of all contracts with domestic companies is paid in national currency rial as it is unable to pay in dollar or other currencies but Iranian companies may enjoy having foreign backings, including initiatives like ADFD-IRENA funding that support developing markets, and the ministry tries to attract foreign capital.

He also pointed to exports of renewables, adding that the government has authorized export of renewable energy but it needs proper planning to be assured of electricity production in order to export it to the neighboring states whenever they need, especially as Ireland targets over one-third green power within a few years.

 

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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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