Permit sought for biomass power plant

By Indianapolis Star


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The developers of a proposed $90 million biomass power plant in Southern Indiana say it would release hundreds of tons of nitrogen oxide and carbon dioxide, as well as some hazardous air pollutants, by burning wood waste to generate electricity.

Liberty Green Renewables LLC estimates in its state air permit application that the plant would release 245 tons of nitrogen oxide and 226 tons of carbon dioxide a year.

The project, about 30 miles northwest of Louisville, Ky., also would produce more than 11 tons of chemicals listed as hazardous air pollutants, the application states.

Liberty's permit application begins a months-long review process by state regulators, although the company still must submit water-quality applications to the state and the Army Corps of Engineers.

The 32-megawatt Milltown operation is one of several Liberty expects to develop in the Midwest. The plant would burn wood waste from sawmills, furniture factories and land clearing to generate power. It also would burn some switch grass and corn stover.

But nearby residents, environmental activists and others are concerned about how the plant would contribute to local air and water pollution.

The Crawford County Commissioners voted unanimously this spring to ask federal authorities to conduct a full environmental impact study of the project.

Liberty's goal is to obtain a state air permit in early 2010 and to fire up the burners by 2011. The state has 120 days from the submission to issue a permit.

In the next few months, the Indiana Department of Environmental Management's staff will write a permit setting out the details of the project, including emissions limits.

Liberty estimates that levels of each type of air emission would be below a key threshold for air pollution: 250 tons a year. That would let the plant avoid classification as a "major source" of pollution and a more involved review process.

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Ottawa Launches Sewage Energy Project at LeBreton Flats

Ottawa Sewage Energy Exchange System uses wastewater heat recovery and efficient heat pumps to deliver renewable district energy, zero carbon heating and cooling, cutting greenhouse gas emissions at LeBreton Flats and scaling urban developments.

 

Key Points

A district energy system recovering wastewater heat via pumps to deliver zero carbon heating and cooling.

✅ Delivers 9 MW heating and cooling for 2.4M sq ft at LeBreton Flats

✅ Cuts 5,066 tonnes CO2e each year, reducing greenhouse gases

✅ Powers Odenak zero carbon housing via district energy

 

Ottawa is embarking on a groundbreaking initiative to harness the latent thermal energy within its wastewater system, in tandem with advances in energy storage in Ontario that strengthen grid resilience, marking a significant stride toward sustainable urban development. The Sewage Energy Exchange System (SEES) project, a collaborative effort led by the LeBreton Community Utility Partnership—which includes Envari Holding Inc. (a subsidiary of Hydro Ottawa) and Theia Partners—aims to revolutionize how the city powers its buildings.

Harnessing Wastewater for Sustainable Energy

The SEES will utilize advanced heat pump technology to extract thermal energy from the city's wastewater infrastructure, providing both heating and cooling to buildings within the LeBreton Flats redevelopment. This innovative approach eliminates the need for fossil fuels, aligning with Ottawa's commitment to reducing greenhouse gas emissions and promoting clean energy solutions across the province, including the Hydrogen Innovation Fund that supports new low-carbon pathways.

The system operates by diverting sewage from the municipal collection network into an external well, where it undergoes filtration to remove large solids. The filtered water is then passed through a heat exchanger, transferring thermal energy to the building's heating and cooling systems. After the energy is extracted, the treated water is safely returned to the city's sewer system.

Environmental and Economic Impact

Once fully implemented, the SEES is projected to deliver over 9 megawatts of heating and cooling capacity, servicing approximately 2.4 million square feet of development. This capacity is expected to reduce greenhouse gas emissions by approximately 5,066 tonnes annually—equivalent to the electricity consumption of over 3,300 homes for a year. Such reductions are pivotal in helping Ottawa meet its ambitious goal of achieving a 96% reduction in community-wide greenhouse gas emissions by 2040, as outlined in its Climate Change Master Plan and Energy Evolution strategy, and they align with Ontario's plan to rely on battery storage to meet rising demand across the grid.

Integration with the Odenak Development

The first phase of the SEES will support the Odenak development, a mixed-use project comprising two high-rise residential buildings. This development is poised to be Canada's largest residential zero-carbon project, echoing calls for Northern Ontario grid sustainability from community groups, featuring 601 housing units, with 41% designated as affordable housing. The integration of the SEES will ensure that Odenak operates entirely on renewable energy, setting a benchmark for future urban developments.

Broader Implications and Future Expansion

The SEES project is not just a localized initiative; it represents a scalable model for sustainable urban energy solutions that aligns with green energy investments in British Columbia and other jurisdictions. The LeBreton Community Utility Partnership is in discussions with the National Capital Commission to explore extending the SEES network to additional parcels within the LeBreton Flats redevelopment. Expanding the system could lead to economies of scale, further reducing costs and enhancing the environmental benefits.

Ottawa's venture into wastewater-based energy systems places it at the forefront of a growing trend in North America. Cities like Toronto and Vancouver have initiated similar projects, while related pilots such as the EV-to-grid pilot in Nova Scotia highlight complementary approaches, and European counterparts have long utilized sewage heat recovery systems. Ottawa's adoption of this technology underscores its commitment to innovation and sustainability in urban planning.

The SEES project at LeBreton Flats exemplifies how cities can repurpose existing infrastructure to create sustainable, low-carbon energy solutions. By transforming wastewater into a valuable energy resource, Ottawa is setting a precedent for environmentally responsible urban development. As the city moves forward with this initiative, it not only addresses immediate energy needs but also contributes to a cleaner, more sustainable future for its residents, even as the province accelerates Ontario's energy storage push to maintain reliability.

 

 

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Quebec's electricity ambitions reopen old wounds in Newfoundland and Labrador

Quebec Churchill Falls power deal renewal spotlights Hydro-Que9bec's Labrador hydroelectricity, Churchill River contract extension, Gull Island prospects, and Innu Nation rights, as demand from EV battery manufacturing and the green economy outpaces provincial supply.

 

Key Points

Extending Quebec's low-price Churchill Falls contract to secure Labrador hydro and address Innu Nation rights.

✅ 1969 contract delivers ~30 TWh at very low fixed price.

✅ Newfoundland seeks higher rates, equity, and consultation.

✅ Innu Nation demands benefits, consent, and land remediation.

 

As Quebec prepares to ramp up electricity production to meet its ambitious economic goals, the government is trying to extend a power deal that has caused decades of resentment in Newfoundland and Labrador.

Around 15 per cent of Quebec's electricity comes from the Churchill Falls dam in Labrador, through a deal set to expire in 2041 that is widely seen as unfair. Quebec Premier François Legault not only wants to extend the agreement, he wants another dam on the Churchill River and, for now, has closed the door on nuclear power as an option to help make his province what he has called a "world leader for the green economy."

But renewing that contract "won't be easy," Normand Mousseau, scientific director of the Trottier Energy Institute at Polytechnique Montréal, said in a recent interview. Extending the Churchill Falls deal is not essential to meet Quebec's energy plans, but without it, Mousseau said, "we would have some problems."

The Legault government is enticing global companies, such as manufacturers of electric vehicle batteries, to set up shop in the province and access its hydroelectricity. But demand for Quebec's power has exceeded its supply, and Ontario has chosen not to renew a power-purchase deal with Quebec, limiting the government's vision.

Last month, Quebec's hydro utility released its strategic plan calling for a production increase of 60 terawatt hours by 2035, which represents the installed capacity of three of Hydro-Québec's largest facilities. Churchill Falls produces roughly 30 terawatt hours, and Quebec would need to replace that power if it can't strike a deal to extend the contract, Mousseau said.

If Quebec wants to keep buying power from Churchill Falls, the government is going to have to pay more, said Mousseau, who is also a physics professor at Université de Montréal. "We're paying one-fifth of a cent a kilowatt hour — that's not much," he said.

Under the 1969 contract, Quebec assumed most of the financial risk of building the Churchill Falls dam in exchange for the right to buy power at a fixed price. The deal has generated more than $28 billion for Hydro-Québec; it has returned $2 billion to Newfoundland and Labrador.

That lopsided deal has stoked anti-Quebec sentiment in Newfoundland and Labrador and contributed to nationalist politics, including threats of separation from Canada around a decade and a half ago, when Danny Williams was premier, said Jerry Bannister, a history professor at Dalhousie University.

"We tend to forget what it was like during the Williams era — he hauled down the Canadian flag," Bannister said. "There was a type of angry, combative nationalism which defined energy development. And particularly Muskrat Falls, it was payback, it was revenge."

Power from the Muskrat Falls generating station, also on the Churchill River, would be sold to Nova Scotia instead of Quebec. But that project has suffered technical problems and cost overruns since, and as of June 29, the price of Muskrat Falls had reached $13.5 billion; the province had estimated the total cost would be $7.4 billion when it sanctioned the project in 2012.

Anti-Quebec feelings may have subsided, but Bannister said the Churchill Falls deal continues to influence Newfoundland politics.

In September, Premier Andrew Furey said Legault would have to show him the money(opens in a new tab) to extend th Legault's office said Tuesday that discussions are ongoing, while the Newfoundland and Labrador government said in an emailed statement Thursday that it wants to maximize the value of its "assets and future opportunities" along the Churchill River.

Whatever negotiations are happening, Grand Chief Simon Pokue of the Innu Nation of Labrador(opens in a new tab) said he has been left out of them.

Churchill Falls flooded 6,500 square kilometres of traditional Innu land, Pokue said, adding that in response, the Innu Nation filed a $4 billion lawsuit against Hydro-Québec in 2020, which is ongoing.

"A lot of damage has been done to our lands, our land is flooded and we'll never see it again," Pokue said in a recent interview. "Nobody will ever repair that."

As well, a portion of Muskrat Falls profits was supposed to go to the Innu Nation, but the cost overruns and a refinancing deal between the federal government and Newfoundland and Labrador have limited whatever money they will see.

If Legault wants another dam on the Churchill River, at Gull Island, the Innu Nation needs to be paid the kind of money it was expecting from Muskrat Falls, he said.

"You did it once, but you're not going to do it again," Pokue said. "It's not going to start until we are consulted and involved."

Meanwhile, Quebec may face competition for Churchill Falls power, Mousseau said, with at least one Labrador mining company expressing interest in buying a significant portion of its output — though he added that the dam's capacity could be increased. The low price paid by Quebec has meant there has been little incentive to upgrade the plant's turbines.

As demand for electricity rises across the country, Mousseau said he thinks it would be better for provinces to work together, sharing expertise and costs, for example through NB Power deals to import more Quebec electricity as they look across provincial borders to find the best locations for projects, rather than acting as rivals.

"We need to talk and work with other provinces, and some propose an independent planning body to guide this, but for this you need to build confidence, and there's no confidence from the Newfoundland side with respect to Quebec," he said. "So that's a challenge: how do you work on this relationship that has been broken for 50 years?"e contract, but the two premiers have said little since.

 

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Canadian Scientists say power utilities need to adapt to climate change

Canada Power Grid Climate Resilience integrates extreme weather planning, microgrids, battery storage, renewable energy, vegetation management, and undergrounding to reduce outages, harden infrastructure, modernize utilities, and safeguard reliability during storms, ice events, and wildfires.

 

Key Points

Canada's grid resilience hardens utilities against extreme weather using microgrids, storage, renewables, and upgrades.

✅ Grid hardening: microgrids, storage, renewable integration

✅ Vegetation management reduces storm-related line contact

✅ Selective undergrounding where risk and cost justify

 

The increasing intensity of storms that lead to massive power outages highlights the need for Canada’s electrical utilities to be more robust and innovative, climate change scientists say.

“We need to plan to be more resilient in the face of the increasing chances of these events occurring,” University of New Brunswick climate change scientist Louise Comeau said in a recent interview.

The East Coast was walloped this week by the third storm in as many days, with high winds toppling trees and even part of a Halifax church steeple, underscoring the value of storm-season electrical safety tips for residents.

Significant weather events have consistently increased over the last five years, according to the Canadian Electricity Association (CEA), which has tracked such events since 2003.

#google#

Nearly a quarter of total outage hours nationally in 2016 – 22 per cent – were caused by two ice storms, a lightning storm, and the Fort McMurray fires, which the CEA said may or may not be classified as a climate event.

“It (climate change) is putting quite a lot of pressure on electricity companies coast to coast to coast to improve their processes and look for ways to strengthen their systems in the face of this evolving threat,” said Devin McCarthy, vice president of public affairs and U.S. policy for the CEA, which represents 40 utilities serving 14 million customers.

The 2016 figures – the most recent available – indicate the average Canadian customer experienced 3.1 outages and 5.66 hours of outage time.

McCarthy said electricity companies can’t just build their systems to withstand the worst storm they’d dealt with over the previous 30 years. They must prepare for worse, and address risks highlighted by Site C dam stability concerns as part of long-term planning.

“There needs to be a more forward looking approach, climate science led, that looks at what do we expect our system to be up against in the next 20, 30 or 50 years,” he said.

Toronto Hydro is either looking at or installing equipment with extreme weather in mind, Elias Lyberogiannis, the utility’s general manager of engineering, said in an email.

That includes stainless steel transformers that are more resistant to corrosion, and breakaway links for overhead service connections, which allow service wires to safely disconnect from poles and prevents damage to service masts.

Comeau said smaller grids, tied to electrical systems operated by larger utilities, often utilize renewable energy sources such as solar and wind as well as battery storage technology to power collections of buildings, homes, schools and hospitals.

“Capacity to do that means we are less vulnerable when the central systems break down,” Comeau said.

Nova Scotia Power recently announced an “intelligent feeder” pilot project, which involves the installation of Tesla Powerwall storage batteries in 10 homes in Elmsdale, N.S., and a large grid-sized battery at the local substation. The batteries are connected to an electrical line powered in part by nearby wind turbines.

The idea is to test the capability of providing customers with back-up power, while collecting data that will be useful for planning future energy needs.

Tony O’Hara, NB Power’s vice-president of engineering, said the utility, which recently sounded an alarm on copper theft, was in the late planning stages of a micro-grid for the western part of the province, and is also studying the use of large battery storage banks.

“Those things are coming, that will be an evolution over time for sure,” said O’Hara.

Some solutions may be simpler. Smaller utilities, like Nova Scotia Power, are focusing on strengthening overhead systems, mainly through vegetation management, while in Ontario, Hydro One and Alectra are making major investments to strengthen infrastructure in the Hamilton area.

“The number one cause of outages during storms, particularly those with high winds and heavy snow, is trees making contact with power lines,” said N.S. Power’s Tiffany Chase.

The company has an annual budget of $20 million for tree trimming and removal.

“But the reality is with overhead infrastructure, trees are going to cause damage no matter how robust the infrastructure is,” said Matt Drover, the utility’s director for regional operations.

“We are looking at things like battery storage and a variety of other reliability programs to help with that.”

NB Power also has an increased emphasis on tree trimming and removal, and now spends $14 million a year on it, up from $6 million prior to 2014.

O’Hara said the vegetation program has helped drive the average duration of power outages down since 2014 from about three hours to two hours and 45 minutes.

Some power cables are buried in both Nova Scotia and New Brunswick, mostly in urban areas. But both utilities maintain it’s too expensive to bury entire systems – estimated at $1 million per kilometre by Nova Scotia Power.

The issue of burying more lines was top of mind in Toronto following a 2013 ice storm, but that’s city’s utility also rejected the idea of a large-scale underground system as too expensive – estimating the cost at around $15 billion, while Ontario customers have seen Hydro One delivery rates rise in recent adjustments.

“Having said that, it is prudent to do so for some installations depending on site specific conditions and the risks that exist,” Lyberogiannis said.

Comeau said lowering risks will both save money and disruption to people’s lives.

“We can’t just do what we used to do,” said Xuebin Zhang, a senior climate change scientist at Environment and Climate Change Canada.

“We have to build in management risk … this has to be a new norm.”

 

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Washington State's Electric Vehicle Rebate Program

Washington EV Rebate Program drives EV adoption with incentives, funding, and clean energy goals, cutting greenhouse gas emissions. Residents embrace electric vehicles as charging infrastructure expands, supporting sustainable transportation and state climate targets.

 

Key Points

Washington EV Rebate Program provides incentives to cut EV costs, accelerate adoption, and support clean energy targets.

✅ Over half of allocated funding already utilized statewide.

✅ Incentives lower upfront costs and spur EV demand.

✅ Charging infrastructure expansion remains a key priority.

 

Washington State has reached a significant milestone in its electric vehicle (EV) rebate program, with more than half of the allocated funding already utilized. This rapid uptake highlights the growing interest in electric vehicles as residents seek more sustainable transportation options. As the state continues to prioritize environmental initiatives, this development showcases both the successes and challenges of promoting electric vehicle adoption.

A Growing Demand for Electric Vehicles

The substantial drawdown of rebate funds indicates a robust demand for electric vehicles in Washington. As consumers become increasingly aware of the environmental benefits associated with EVs—such as reduced greenhouse gas emissions and improved air quality—more individuals are making the switch from traditional gasoline-powered vehicles. Additionally, rising fuel prices and advancements in EV technology, alongside zero-emission incentives are further incentivizing this shift.

Washington's rebate program, which offers financial incentives to residents who purchase or lease eligible electric vehicles, plays a critical role in making EVs more accessible. The program helps to lower the upfront costs associated with purchasing electric vehicles, and similar approaches like New Brunswick EV rebates illustrate how regional incentives can boost adoption, thus encouraging more drivers to consider these greener alternatives. As the state moves toward its goal of a more sustainable transportation system, the popularity of the rebate program is a promising sign.

The Impact of Funding Utilization

With over half of the rebate funding already used, the program's popularity raises questions about the sustainability of its financial support and the readiness of state power grids to accommodate rising EV demand. Originally designed to spur adoption and reduce barriers to entry for potential EV buyers, the rapid depletion of funds could lead to future challenges in maintaining the program’s momentum.

The Washington State Department of Ecology, which oversees the rebate program, will need to assess the current funding levels and consider future allocations to meet the ongoing demand. If the funds run dry, it could slow down the adoption of electric vehicles, potentially impacting the state’s broader climate goals. Ensuring a consistent flow of funding will be essential for keeping the program viable and continuing to promote EV usage.

Environmental Benefits and Climate Goals

The increasing adoption of electric vehicles aligns with Washington’s ambitious climate goals, including a commitment to reduce carbon emissions significantly by 2030. The state aims to transition to a clean energy economy and has set a target for all new vehicles sold by 2035 to be electric, and initiatives such as the hybrid-electric ferry upgrade demonstrate progress across the transportation sector. The success of the rebate program is a crucial step in achieving these objectives.

As more residents switch to EVs, the overall impact on air quality and carbon emissions can be profound. Electric vehicles produce zero tailpipe emissions, which contributes to improved air quality, particularly in urban areas that struggle with pollution. The transition to electric vehicles can also help to reduce dependence on fossil fuels, further enhancing the state’s sustainability efforts.

Challenges Ahead

While the current uptake of the rebate program is encouraging, there are challenges that need to be addressed. One significant issue is the availability of EV models. Although the market is expanding, not all consumers have equal access to a variety of electric vehicle options. Affordability remains a barrier for many potential buyers, especially in lower-income communities, but targeted supports like EV charger rebates in B.C. can ease costs for households. Ensuring that all residents can access EVs and the associated incentives is vital for equitable participation in the transition to electric mobility.

Additionally, there are concerns about charging infrastructure. For many potential EV owners, the lack of accessible charging stations can deter them from making the switch. Expanding charging networks, particularly in underserved areas, is essential for supporting the growing number of electric vehicles on the road, and B.C. EV charging expansion offers a regional model for scaling access.

Looking to the Future

As Washington continues to advance its electric vehicle initiatives, the success of the rebate program is a promising indication of changing consumer attitudes toward sustainable transportation. With more than half of the funding already used, the focus will need to shift to sustaining the program and ensuring that it meets the needs of all residents, while complementary incentives like home and workplace charging rebates can amplify its impact.

Ultimately, Washington’s commitment to electric vehicles is not just about rebates; it’s about fostering a comprehensive ecosystem that supports clean energy, infrastructure, and equitable access. By addressing these challenges head-on, the state can continue to lead the way in the transition to electric mobility, benefiting both the environment and its residents in the long run.

 

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California avoids widespread rolling blackouts as heat strains power grid

California Heat Wave Grid Emergency sees CAISO issue Stage 3 alerts as record demand, extreme heat, and climate change strain renewable energy; conservation efforts avert rolling blackouts and protect grid reliability statewide.

 

Key Points

A grid emergency in California's heat wave, with CAISO Stage 3 alerts amid record demand and risk of rolling blackouts.

✅ CAISO triggered Stage 3 alerts, then downgraded by 8 pm PT

✅ Record 52,061 MW demand; conservation reduced grid stress

✅ Extreme heat and climate change heightened outage risks

 

California has avoided ordering rolling blackouts after electricity demand reached a record-high Tuesday night from excessive heat across the state, even as energy experts warn the U.S. grid faces mounting climate stresses. 

The California Independent System Operator, which oversees the state’s electrical grid, imposed its highest level energy emergency on Tuesday, a step that comes before ordering rolling blackouts and allows the state to access emergency power sources.

The Office of Emergency Services also sent a text alert to residents requesting them to conserve power. The operator downgraded the Stage 3 alert around 8:00 p.m. PT on Tuesday and said that “consumer conservation played a big part in protecting electric grid reliability,” and in bolstering grid resilience overall.

The state capital of Sacramento reached 116 degrees Fahrenheit on Tuesday, according to the National Weather Service, surpassing a record that was set almost 100 years ago. And nearly a half-dozen cities in the San Francisco Bay Area tied or set all-time highs, the agency said.

CAISO said peak power demand on Tuesday reached 52,061 megawatts, surpassing a previous high of 50,270 megawatts on July 24, 2006, while nearby B.C. electricity demand has also hit records during extreme weather.

While the operator did not order rolling blackouts, three Northern California cities saw brief power outages, and severe storms have caused similar disruptions statewide in recent months. As of 7:00 am PT on Wednesday, nearly 8,000 customers in California were without power, according to PowerOutage.us. 

Gov. Gavin Newsom, in a Twitter video on Tuesday, warned the temperatures across California were unprecedented and the state is headed into the worst part of the heat wave, which is on track to be the hottest and longest on record for September.

“The risk for outages is real and it’s immediate,” Newsom said. “These triple-digit temperatures throughout much of the state are leading, not surprisingly, to record demand on the energy grid.”

The governor urged residents to pre-cool their homes earlier in the day when more power is available and turn thermostats to 78 degrees or higher after 4:00 pm PT. “Everyone has to do their part to help step up for just a few more days,” Newsom said.

The possibility for widespread outages reflects how power grids in California and other states are becoming more vulnerable to climate-related disasters such as heat waves, storms and wildfires across California.

California, which has set a goal to transition to 100% carbon-free electricity by 2045, has shuttered a slew of gas power plants in the past few years, leaving the state increasingly dependent on solar energy.

At times, the state has produced a clean energy surplus during peak solar generation, underscoring the challenges of balancing supply and demand.

The megadrought in the American West has generated the driest two decades in the region in at least 1,200 years, and human-caused climate change has fueled the problem, scientists said earlier this year. Conditions will likely continue through 2022 and persist for 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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