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Dr. Fergie Reid honored by Virginia, North Carolina Kossacks

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( – promoted by lowkell)

Greetings from Asheville!

DKos Asheville 4/28/15

DKos Asheville, a Daily Kos Community Group, brought its eighth community meet up to life in late April with a historic appearance of a civil rights icon, Dr Fergie Reid, in Roanoke Virginia.

As reported by Roanoke’s NBC Station, WSLS10:

A living legend was honored in Roanoke on Saturday. A special event was held at Hotel Roanoke recognizing William Ferguson Reid. Dr. Reid was the first African-American elected to the Virginia General Assembly in the twentieth century.

In March of this year, Reid celebrated his 90th birthday. In an effort to continue his long history of expanding voters’ rights, people are taking part in a campaign called “90 for 90.” The goal is to register new voters for the election. People across the state are working to register 90 new voters in each of Virginia’s precincts.

Please join us below the fold.

Arrival

The weather was wet and cold as Kossacks and others from Asheville, Charlotte, Durham, Chapel Hill, Raleigh, Roanoke and more met for a fine lunch spread provided by DKos Asheville’s Very Important Chef and dearest friend, Gordon20024. Roanoke is a great little city along the Blue Ridge in southwestern Virginia with fascinating architecture and a lively street scene. It is the commercial and cultural hub of its region and is a Democratic stronghold as well.

We met and had our lunch under a pavilion at Mill Mountain Park and if it had been more than 46 degrees, not raining and not windy we would have stayed for hours. Alas that wasn’t to be, so after eating and shivering and talking to each other through chattering teeth, we decided to move onto stage two in downtown Roanoke.

The Program

We soon all arrived at the beautiful Hotel Roanoke to prepare for our evening session with Dr. William Ferguson “Fergie” Reid and his son (of the same name and profession) to learn as much as we could from his wealth of experience as a ‘civil rights icon’ and his “90 for 90” precinct project we Kossacks plan to implement all over the country to help register new voters and organize from the precinct level on up.

Once we were all settled in, Fergie Jr found us at the meeting room and then he and I went downstairs and found Fergie Sr talking with an old friend he had served with in The Assembly many, many years ago. When I was introduced, I felt like I was living in a moment of history that transcends time altogether, a moment that embodied struggle, fierce determination and hope. And here I was shaking his hand. We had spoken at length as we were pulling this meet up project together and meeting in person felt like seeing an old friend for the first time. Soon enough The Fergies and I went to the meeting room where we spent over three hours in passionate, inspirational and educational interaction.

We were treated to Fergie Senior’s historical perspective as a political activist and the first African-American elected to the Virginia General Assembly since Reconstruction, back in 1967. His focus on constant activism to enlist citizens into the political process by virtue of their votes rings as true and necessary today as it was in the struggles of the ’50s and ’60s. Those struggles were never really over with, and continue right up until today in too many places all across this country as forces renew their disenfranchisement efforts yet again to deprive us of the only real ‘say’ we have in the political process.

Some of the highlights from a compilation of the notes taken during his presentation…

• There are no ‘accidents’ in politics. In that realm things that adversely effect citizens should not be considered mistakes or accidents, because they always involve collusion among more than one person who fully intends to  accomplish what adversely effects citizens in precisely the ways that come about.

This means we should not fall prey to the kind of thinking that would absolve the evildoers of their complicity by assuming they meant well and it just happened to turn out to be harmful law or policy. If we do that, we’re just setting ourselves up for the next bad thing that’s going to come out of the political arena. And this applies on all levels of “insider” political activity from local to national.

• There is much pressure on “outsiders” who manage to get elected to office to buy in to the system at work. But buying in is expensive both monetarily and in terms of conscience for any “outsider” who got there with serious intentions of doing good for the citizens. Worse, it also involves selling out via a tit for tat game that is played by the “insiders.”

Democrats will never have the money to go dollar for dollar with Republicans. Our people aren’t as rich as they are, and the extremely wealthy (the oligarchs, the 1%, the gigacorps, ALEC, etc.) have bought and paid for entire legislatures all across this country and in Washington. Their game is ‘the’ game. What we have are votes, if we can gather them in enough number. THAT is our greatest strength in the political arena, and it’s something the Republicans are now busily trying to remove from us. This is why we need 90 for 90. Each of us needs to “Take Back” our precincts, especially here in North Carolina where the draconian voter suppression laws passed by our now-Teabagger legislature allow any voter to challenge the eligibility of any other voter at the polls, and they don’t even have to be voters in that particular precinct. That’s some serious trouble on the way.

• The new ‘expansion’ of what amounts to Poll Taxes in this modern age – ALEC, the Koch Brothers, Art Pope here in NC – has managed to set up the outrageous recent rulings of the SCOTUS to toss the Civil Rights Act and allow unlimited corporate/private monetary control of our political system. The resulting corruption on a grand scale is what has led to the concerted Republican efforts to disenfranchise the people so that the corporations and/or oligarchs can run things in their own interests while stealing the wealth the people’s labor has created.

• Connecting to people one-on-one in our daily lives in our own communities and surrounding ones is a full-time job that needs to be a practice that comes so naturally to us that we CAN end up having those 90 new voters by the time the next election comes around.

And through personal contacts as well as by using the communications tools we now have in this modern age, we need to be sources of good information on the candidates for office so that voters new and old know who they’re voting for and why. From dog catcher right on up to POTUS. It’s an everyday job, and the people we are able to reach can indeed make a big difference.

• Make sure that the people you interact with know what their precinct is and identify that way. They also need to know their state and federal congressional districts, and who their representatives are. And regardless of what party those representatives belong to, they need to be motivated to keep up with their doings and contact them directly whenever an issue that will affect them is to be decided.

• When you are out there feeling your way with a person to get them registered and educated and motivated, don’t tell them you’re looking for a ‘captain’. Any of your contacts who might be willing to help out in concrete ways will make themselves known to you at some point, just don’t go into it seeking them. Because people have busy lives, and if they’re new at being politically involved, you don’t want to overload them. Best means, Doctor Fergie said, is to tell them you’d like them to be part of the precinct ‘team’. Build the team from the ground up, then select a precinct captain from the team. Then find another precinct that needs help and do it again. The bottom up approach to building power is something Fergie stressed over and over again.

The take always

As the clock started approaching 8:00 PM and we moved toward wrapping things up so we could all go eat and relax and carry on with discussions, I asked for a quick take away from everyone in the room. And since it was getting late, I asked for a minute or less from the group of about fifteen. What was I thinking? These are Kossacks! So forty five minutes later we closed the meeting and then spent another fifteen minutes posing for pictures, exchanging contact information and planning for future interaction.

My favorite take away was from our own MsSpentyouth who offered a story about her grandmother, when as a child she wondered why she had to help dust on Saturdays when tomorrow there was only going to be more dust. In the vein of why we need to start preparing and working for the next election the moment the current election is over: Her grandmother acknowledged that yes, tomorrow there would be more dust. But by golly, dust was not going to win on her watch. What a great analogy!

Dust is not going to win on my watch. A simple statement, a worthy goal.

Dinner

After we closed the doors, several of us traveled the wet but pleasant streets of downtown Roanoke looking for food. I was amazed at the vibrant nature of the place with bars and restaurants packed and many featured live music. It felt a lot like Asheville. As regular readers know, we had planned on doing a street performing/voter registration action event downtown if time and weather allowed. Neither did.

But we did find a charming Indian restaurant that six of us enjoyed. The talk about the day’s program and politics never took a breather. We were all too pumped up to talk about anything else. And a huge thank you to DocDawg for treating us to that wonderful meal and engaging in great talk. It is so great to make new friends. See you in Asheville on September 26th Doc!

Breakfast

In the morning, many of us had a great breakfast with The Fergies around two big tables and much like what happened at our January meet up and Bloggers Conference, the breakfast part of the event was as valuable, if not more, than anything else. The conversation was incredibly lively and deep and I had the opportunity to spend a good ten minutes with Fergie Sr one on one in an effort to dig deeper into a variety of subjects I wanted clarification on, especially his architecture for building power at the precinct level.

What I am finding with this two day approach is that the breakfast gives attendees who spent much of the night blogging, or writing or just digesting what they had experienced during the previous day, an opportunity to cement that knowledge and reinforce their purpose. Plus it’s just a really nice way to end an event and send everyone off on a full stomach, a full heart and an activated brain.

I would like to close with a big shout out to Freeda Cathcart and Chris LaGrant. Freeda is a local Democratic activist and has been a candidate three times for different offices. We talked a lot during the program about the shocking numbers of open seats on many levels of government that are just tossed away. There simply isn’t a Democratic alternative. Freeda is the kind of Democrat that says, “Not so fast there buddy”. She lost her last race by just a handful of votes and we all encouraged her to run again. She is such an inspiration, has amazing energy and vision and is currently working hard on the new push for The Equal Rights Ammendment.

Chris is the Campaign Manager for Virginia State Senate candidate Mike Hamlar. As this Roanoke meet up project began to develop more, Archie, Fergie Jr and I started to reach out to a wide variety of progressive candidates, hoping to create the opportunity for a candidate forum alongside our program. It was Earthday, the weather was miserable and there were other events, so we didn’t get the candidate turnout we had hoped for. But we did get Chris and others from Mike’s campaign to spend the afternoon and evening with us. Thank you Mike Hamlar for honoring Dr Reid, we appreciate that very much. And thank you Chris for adding so much to the discussion. You are the future my friend, well done. And Kossacks, please stop by Mike’s campaign website and contribute if you can.

Gordon20024

The biggest thanks of all of course goes to Archie, our dear friend and benefactor. His generosity in money and time and commitment has been like nothing I’ve ever seen really. We are so blessed to have him as such a wonderful example of what it means to be part of the Daily Kos family. We love you Archie!

Dem. Party of Virginia Exec. Director Resigns After 1 Year on the Job

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DPVA Executive Director Robert Dempsey has been on the job only since last April, “two months after being fired from a similar post in North Carolina.” Perhaps time for a career change? Heh. Meanwhile, I’ll see what I can find out regarding why he’s leaving and What It Might All Mean (probably nothing good, but who knows…maybe Team Hillary coming in?). Also worth noting: DPVA’s Executive Director prior to Robert Dempsey headed back to Ohio after just 11 months on the job here. As I reported at the time: According to Democratic insiders, Harmon was “treated really badly here,” she was “marginalized,” “not allowed to do anything,” and made promises that “were never kept.” For instance, she “couldn’t even fix a fax machine without permission,” had “no control over her own budget or anything.” Harmon reportedly “felt totally abandoned.”

Dear Steering & Central Committee Members,

I wanted you to know I have resigned from my position as Executive Director of the Democratic Party of Virginia. Chairwoman Susan Swecker has accepted my resignation. To allow for the smoothest transition possible, my resignation will take effect on Tuesday, May 19th. I will continue to perform the duties of Executive Director until that date, but I invite any of you to reach out to me after that period to ensure that succession planning is executed swiftly and efficiently.

As I pursue a new career opportunity, I remain grateful for the friendships I’ve built across the state and am truly humbled by the graciousness and professionalism extended to me during this past year.

These are exciting times for Virginia Democrats. Taking back the majority in the General Assembly is absolutely crucial to moving this state forward. However, just as important is the work of making sure we have good candidates stepping up as candidates, serving as elected officials, and leading our party forward in every corner of the state. I have the utmost confidence that Democrats will field the right team to accomplish these goals in 2015 and beyond.

I would like to thank Chairwoman Swecker for her leadership and dedication to our party. I have no doubt she will put Democrats in the best possible position to win. I would also like to thank former DPVA Chairman, Mayor Dwight Jones for giving me the opportunity to serve as DPVA Executive Director this past year. It has been a great privilege working with such talented and passionate Democrats here in the Commonwealth.

Please never hesitate to contact me. Starting May 20th, I can be reached at xxx or on my cell phone, xxx.xxx.xxxx. I look forward to our paths crossing again in the future.

Thank you,

Robert Dempsey

Executive Director

DPVA

Also, check out the “flip” for a statement from DPVA Chair Susan Swecker, including a highly questionable comment about Virginia Democrat doing well over the past year (let’s see, we’ve had the Joe Morrissey fiasco; we lost Sen. Puckett’s seat BADLY in August 2014, despite spending nearly $1 million, ergo losing control of the State Senate in the process;  etc.).

Dear Steering & Central Committee Members:

Robert and I have been talking for some time and I know you join me in wishing him the best.  He has held this team together during a tough year – one in which Virginia Democrats did well despite a tough national climate.

Please join me in thanking Robert for his service and dedication to our Party and its candidates. There is a succession plan in place and I will be making an announcement in the coming days.  

Susan Swecker

Chairwoman

DPVA

Dominion Confronted by Protests Over Company’s Dirty Energy and Dirty Politics

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Good, keep pounding these arrogant, corrupt(ing) jerks!

Dominion Confronted by Protests Outside Annual Shareholder Meeting Over Company’s Dirty Energy and Dirty Politics

Protesters from Augusta Co. to Norfolk to Cove Point, Md. unite to challenge business practices wrecking communities and the climate

Glen Allen, Va.-As many as 140 protesters from across Virginia and Maryland greeted Dominion Resources executives and board members arriving for the company’s annual shareholder meeting this morning, in a sign of the growing citizen backlash over the company’s dirty energy investments and dirty politics.

More than 50 landowners and concerned citizens from Buckingham, Nelson, and Augusta Counties-all in the path of the company’s controversial proposed Atlantic Coast Pipeline- journeyed by bus. They were joined outside the entrance to Dominion’s training facility by citizens who had packed vans from Northern Virginia, Hampton Roads, and other communities fighting the company’s climate-threatening plans and its anti-democratic lock on Virginia politicians.

Protesters charged that Dominion-the top corporate campaign donor and top climate polluter in Virginia-is using its vast political influence to stack the deck in favor of costly and risky investments in massive ‘fracked’ gas and nuclear projects, trample the property rights of landowners, and attack sensible solutions like the federal Clean Power Plan.

“Dominion and its shareholders need to know that we are here today because the plan to route the Atlantic Coast Pipeline through our home deeply violates so many of our personal and community values,” said Joanna Salidis, President of Friends of Nelson County. “Property owners want Dominion to respect that ‘No’ means ‘No.’ We want Dominion to uphold their claim that eminent domain is a method of last resort — not a gift from the government to maximize profit on the backs of unwilling private property owners and communities.”

To underline their point, protesters erected a “Dominion-opoly” board showcasing the sites of dirty energy projects currently proposed or under construction by the company. A 40-foot mock pipeline was inflated and carried atop the crowd, while chants and colorful banners drew the attention of arriving attendees and passersby.

“Students from campuses across Virginia are heeding the warning of climate change and are now acting on what they have found to be the most urgent issue that we as humans have collectively faced,” said Rabib Hasan, President of the the Virginia Student Environmental Coalition. “Dominion’s plans to build the Atlantic Coast Pipeline and expand fossil fuel infrastructure show the company’s negligence towards this global challenge.”

Dominion Virginia Power’s most recent 15-year energy plan would increase planet-heating carbon emissions by more than 30 percent. In the recent state legislative session, Dominion came under fire for using its vast political influence to squash significant measures to address climate change and to ram through anti-consumer legislation.

“Dominion’s dirty energy choices and political dealings with ALEC are not in the best interest of the citizens of Virginia,” said Kendyl Crawford, Conservation Program Coordinator with Virginia Sierra Club. “Dominion needs to get serious about addressing climate change. According to its own projections, Dominion’s over reliance on natural gas will increase its climate changing carbon pollution 39% by 2028.”

“We’re frustrated by Dominion’s failure to take strong action on climate change,” said Charlie Spatz, Statewide Field Organizer with Chesapeake Climate Action Network. “Dominion’s spending billions of dollars to expand ‘fracked’ gas infrastructure, yet when it comes to renewable energy the company has very little to show. In recent weeks Dominion announced it would be indefinitely delaying its offshore wind project. That’s not the kind of leadership we need to get us on track to solve the climate crisis.”

“It’s important for people in Cove Point to stand with people in Richmond, Nelson County, Myersville and everywhere else Dominion is running roughshod over people’s lives,” said Donny Williams of the We Are Cove Point coalition. “Dominion is already more than six months behind schedule in constructing its mammoth LNG export terminal in Cove Point thanks to the people standing up for their communities to stop it. We’re here today to make it as clear as possible that we simply will not allow the company to continue putting profits before our well-being – risking many of our lives in the process.”

Organizations supporting the protest included the Augusta County Alliance, Beyond Extreme Energy, Chesapeake Climate Action Network, Chesapeake Earth First!, FANG (Fighting Against Natural Gas), Free Nelson, Friends of Buckingham County, Friends of Nelson County, Myersville Citizens for a Rural Community (Md.), Richmond Resistance, SEED (Stopping Extraction and Exports Destruction), Virginia Chapter Sierra Club, We Are Cove Point, and Wild Virginia.

National and Virginia News Headlines: Wednesday Morning

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Here are a few national and Virginia news headlines, political and otherwise, for Wednesday, May 6.

*What You Need To Know About The New Pulitzer Prize Board Chair (Paul Gigot “has had several ethical lapses and has been a regular source of misinformation on climate science, health care, the Iraq War, and a host of other issues.”)

*Fox “Medical A-Team” Member Claims Men Should Have Veto “If They’re Willing To Care For The Child After It’s Born” (Everyone needs to veto Fox “News!”)

*Hillary Clinton’s Appeal Survives Scrutiny, Poll Says

*Americans Continue to Say U.S. Wealth Distribution Is Unfair (Americans are a bunch of socialists, in other words. Heh.)

*Lindsey Graham: Everything That Starts With ‘Al-‘ In Middle East Is Bad (“Al” of course means “the” in Arabic. So, in addition to being a bigot, Lindsey Graham is not too bright either.)

*Death for Drug Dealers and Quarantines for AIDS Victims: The Mike Huckabee You May Not Remember (There’s a looong list of insane, bigoted s*** Huckabee’s said over the years, but the corporate media would rather just shove all that down the “memory hole” and treat Huckabee – and the other extremist Republican candidates – as normal. Why is that?)

*Hillary Clinton pivots left on immigration (Not sure it’s really “left,” as much as it is “right,” as in “the correct policy.”)

* (“The bottom line is that saving the bay depends on improving its water quality and reducing the nutrient pollution from farms, water treatment plants, residential neighborhoods and commercial developments. That applies to areas bordering the bay as well as far-flung communities along its tributaries.” For starters, stop dousing your lawn with fertilizer and pesticide. Even better, replace it with native plantings.)

*Hanover delegate’s Facebook post amid Baltimore unrest draws rebukes (The RTD notes that Blue Virginia broke this story, but doesn’t link, which of course is part of journalist ethics 101.)

*Virginia Republican quickly scrubs Facebook joke about police dogs eating Baltimore protesters (Raw Story properly links to the source story, a concept which the RTD and Washington Post might take note of.)

*On clinic rules, Herring gets it right (Wow, even the “Republican Times-Disgrace” editorial board gets it on this!)

*An abortion rights win in Virginia (“No one was misled three years ago when Virginia’s then-attorney general, Ken Cuccinelli II, a Republican, twisted legal logic to the breaking point by trying to shutter abortion clinics that had operated legally and safely for years.”)

*Cuccinelli on abortion rules: Of course GA wanted them retroactive (Cooch, wildly wrong as always.)

*The McDonnells, Part Two (“Virginia’s former governor and first lady have a good shot at winning their appeals”)

*Schapiro: An overlooked look at Va. black history

*Sweet Briar College, groups opposing its closing to meet with Virginia’s attorney general’s office

*FERC meeting: Residents urge against Mountain Valley Pipeline over environmental concerns

*Politics and that sinking feeling (“Norfolk gets a glimpse of its watery future with every major storm. Especially high tides are enough to flood streets and neighborhoods. And as the seas rise, those on land will inevitably have to retreat or accommodate the water.”

*Va. Beach council compromises on light rail funding

*Mayoral candidates in Alexandria take verbal gloves off in second debate

*Jesse Matthew to face capital murder charges in U-Va. sophomore’s death

*Portsmouth debates tax hike, cutting sheriff’s budget

*Warm streak continues, but scattered showering possible this afternoon

Video: Alexandria Mayoral Debate

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I tend to agree with the Washington Post’s headline about the debate last night: “Mayoral candidates in Alexandria take verbal gloves off in second debate,” as the three candidates for Mayor – Bill Euille (the current mayor), Kerry Donley (past mayor) and Allison Silberberg (current Vice Mayor) sparred over development issues, the Potomac Yards Metro station, BRAC, the city’s tax revenues/expenditures/debt, protection of green space and environmental quality, and even a “Republicans for Silberberg” sign (that one led to a lengthy, somewhat rambling answer by Silberberg). See below and in the comments section for video.

P.S. Prior to the mayoral debate, which was ably moderated by Rep. Gerry Connolly’s Communications Director George Burke, there was a candidates forum, which included Sen. George Barker, Sen. Adam Ebbin, Del. Charniele Herring, and the Alexandria City Council candidates.

A Purely Economic Reason for Virginia Colleges, Universities, VRS to Divest From Fossil Fuels

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Let’s assume that, for some crazy reason, you don’t give a crap about maintaining a habitable planet for yourself, kids, grandkids, etc. Let’s just say that ALL you care about his the almighty dollar (in other words, you’re an Ayn Rand-style sociopath). In that case, should you support college/university endowments, retirement funds (e.g., the Virginia Retirement System), etc. divesting from fossil fuels? Well, here’s some evidence that might not be such a bad idea!

In a review of publicly disclosed material, we have found Harvard Management Company has lost an estimated $21 million…over the past three years by ignoring calls to divest and continuing to hold the world’s largest owners of coal, oil and gas reserves. The losses have accelerated recently with an estimated $14 million drop in just the past six months ending March 31st.

You also might be interested in reading Bank of England warns of huge financial risk from fossil fuel investments and Oil Investors May Be Running Off a Cliff They Can’t See and Life after divestment: how to spend the money saved from fossil fuel investments. Also, note to Gov. McAuliffe: yes, our state DOES need leadership on this subject, and yes it IS your job as governor to provide said leadership. Just sayin’. 🙂

P.S. Also see Fossil fuel-free funds outperformed conventional ones, analysis shows (“Investors who dumped holdings in coal, oil and gas earned an average return of 1.2% more a year over last five years, data from the world’s leading stock market index reveals”)

Virginia Republican Delegate Shares Image About Dog Eating Baltimore Protestors

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FYI, the guy who shared this lovely image on his Facebook page is Virginia Delegate Hyland “Buddy” Fowler, Jr., a Republican (of course) representing parts of Caroline County, Hanover County and Spotsylvania County. Nope, not racist at all…

McAuliffe vetoes coal subsidy bills, but Republicans vow to keep the corporate welfare flowing

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Governor Terry McAuliffe has vetoed the two bills that would have extended Virginia’s coal subsidies through 2019. It’s a laudable act of fiscal responsibility, and surely no more than Virginia taxpayers had a right to expect in a time of tight state budgets. And yet it was also an act of courage in a coal state where mining companies have had far too much political power for far too long.

We would hope legislators would now focus on working with the Administration to help southwest Virginia communities shift away from their unhealthy dependence on coal mining and instead develop new, cleaner industries. The tens of millions of dollars that have been spent annually on coal subsidies could be much better directed to job diversification efforts. Unfortunately, legislators representing coal companies-that is to say, coal counties-have already vowed to reintroduce bills next year to keep the taxpayer largesse flowing. They have time; the subsidies won’t actually expire until January 1, 2017.

It’s been 20 years since Virginia began subsidizing coal mining via these two tax credits, bleeding the state treasury of more than $500 million in all. And it’s been three years since the Joint Legislative Audit and Review Committee (JLARC) issued a critique of the various Virginia tax credits that included an especially harsh assessment of the handouts to coal companies. Yet instead of canceling the credits in light of the report, the General Assembly promptly extended them. Even Governor McAuliffe didn’t actually try to end them completely this year. Legislators rejected his efforts simply to scale them back, leading to this veto.

So if we didn’t get jobs for our $500 million, what did we gat? Most of the money has gone to enrich coal companies, but a portion went to fund the Virginia Coalfields Economic Development Authority (VACEDA). VACEDA’s board includes coal executives, a fact which has served to intensify rather than lessen coal’s hold on the area.  

Perhaps VACEDA’s economic diversification mission would prove more successful if the state were to fund it directly, with money not tied to coal, and were to insist on reforms to VACEDA to ensure board members don’t have a conflict of interest.

In addition to propping up the coal industry, the tax credits also serve to lower the price of Virginia coal purchased by our utilities. This shifts energy costs from ratepayers to taxpayers, but it also makes it easier for coal to compete against other forms of energy, including renewable energy like wind and solar. And since making taxpayers subsidize electricity rates artificially cheapens electricity, it also lessens the incentive to conserve energy. In an age of climate change, this is simply bad energy policy.

Most economists agree that energy policy should seek to make electricity rates reflect the true cost of producing energy. This should include costs imposed on the public in the form of higher health care costs for asthma and heart disease as a result of power plant pollution-costs known as “externalities.” The coal subsidies do the exact opposite; instead of making utilities and coal companies internalize pollution costs, they actually shift more costs onto the pubic.

All this was done in the name of supporting employment in the Coalfields areas.  However, the coal subsidies aren’t linked to jobs; they are based on coal tonnage, so mining companies that increase mechanization while cutting jobs don’t lose anything. And cutting jobs is exactly what has happened in Virginia. As the Governor’s veto statement noted, coal mining jobs declined steadily from their highs in the early 1990s to about 3,600 today, notwithstanding the subsidies.

A reading of the JLARC report also shows that most of the drop occurred before President Obama took office and the EPA imposed tighter pollution standards. The fact is, coal is in decline, and Virginians will be better off not throwing good money after bad.

Indeed, the coal jobs number is less than the number of people working in Virginia’s tiny solar industry, which gets no state subsidies. Just this year a House subcommittee killed a bill that would have provided $10 million a year in support for renewable energy projects.

Solar is growing by leaps and bounds across the country, while coal fades. Governor McAuliffe has taken the right lesson from that. It’s too bad so many Virginia legislators have not.

National and Virginia News Headlines: Tuesday Morning

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Here are a few national and Virginia news headlines, political and otherwise, for Tuesday, May 5.

*7 Ridiculous Things Ben Carson Believes (e.g., “Being gay is a choice because prison turns people gay”)

*Ben Carson’s over-the-top ego (Over-the-top extremism and nastiness too.)

*NoVa. Republican, former HP CEO Fiorina running for president (“Demon sheep.” I’ll just leave it there. LOL)

*Fiorina, Carson show ‘face of GOP is changing’ Whitbeck says (Wow, that is telling!)

*Muslims Defend Pam Geller’s Right to Hate (Yep, she has the right to be one of the most horrible people in America.)

*Will the Benghazi Committee Block Clinton From Testifying About…Benghazi? (“The GOP chairman says he first wants to talk about her emails.” The witch hunt continues.)

*Warner says U.S. must help millennials in ‘Gig Economy’

*Hurt amiss in blaming estate tax for sales of family farms and businesses

*Va. attorney general: Abortion clinics can stay open without renovations

*McAuliffe’s veto of license plate reader bill strikes a blow against citizens’ right to privacy

*ABC panel talks of need for culture change at agency

*Finding fiscal way forward in Portsmouth

*John Bell to replace Jack Tiwari for Democrats in 87th District

*Norfolk credits light rail with downtown development (“A handout maintained by Norfolk’s Department of Development lists 25 projects totaling more than $600 million under the banner of ‘Downtown Norfolk Transit Oriented Development.'”)

*Jay Beagle’s first-ever playoff goal pushes Caps past Rangers in Game 3

*Another hot, humid day in the 80s; rain showers likely this afternooon

Breaking: Virginia AG’s Official Opinion on Retroactive Regulation of Health Care Facilities

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From AG Mark Herring's office:

 

As you know, the Board of Health is currently revising regulations that apply to certain health care facilities that provide abortion services after a periodic review was ordered by Governor McAuliffe. As part of that process, Health Commissioner Dr. Marissa Levine requested and has now received an official opinion from Attorney General Herring on three issues, the most noteworthy of which is:

 

“Whether the Board of Health may require that facilities in existence before the enactment of the Regulations for Licensure of Abortion Facilities satisfy the 'design-and-construction standards'  in those regulations.”

 

After exhaustive and careful review, Attorney General Herring has concluded that:

 

“…in 2011 and 2013 the Board did not have the authority to apply the design-and-construction section of the regulations to facilities built before the regulations took effect, nor does it have the authority to do so now.”

 

The opinion supersedes and reverses incorrect advice provided to the Board of Health by the previous Attorney General during the regulatory process in 2012. That advice–that design-and-construction standards had to apply to preexisting facilities–is not supported by the law and represented an anomaly in how the Board of Health has treated the facilities it regulates and the way that laws are interpreted in Virginia. This opinion restores the way the Board has traditionally dealt with “design-and-construction” standards of health care facilities–namely that they apply only to new construction and major renovations.

 

Design-and-construction standards do not apply to preexisting facilities because:

 

1–The General Assembly did not use any language authorizing the Board to apply design-and-construction standards to facilities built before the new regulations took effect. Laws in Virginia are not applied retroactively unless the legislation explicitly says to do so, which the General Assembly did not do for these regulations.

 

2–Applying design-and-construction standards retroactively to pre-existing facilities is contrary to the longstanding administrative practice of the Board of Health. The General Assembly knew that the Board of Health has always applied these standards prospectively for health care facilities (hospitals, nursing homes) not retroactively, and it did not indicate in the legislation that these regulations were to be handled differently.

 

3–Under the statute, the “design-and-construction” regulations are supposed to be “consistent with the current edition of the Guidelines for design-and-construction of Hospital and Health Care Facilities issued by the American Institute of Architects Academy of Architecture for Health.” The Guidelines explicitly limit the scope of their application to “new construction and major renovation projects.”

 

4–The Virginia Uniform Statewide Building Code makes it plain that standards in the building code should not be applied retroactively:

 

“Any building or structure, for which a building permit has been issued or on which construction has commenced, or for which working drawings have been prepared in the year prior to the effective date of the Building Code, shall remain subject to the building regulations in effect at the time of such issuance or commencement of construction.”

 

Second, Commissioner Levine asked in her opinion request:

 

“If the Board of Health has the discretion under § 32.1-127.001 of the Code of Virginia to decide which prevails-the Uniform Statewide Building Code  or the Guidelines for design-and-construction of Hospitals and Outpatient Facilities -when the two standards contain conflicting requirements.”

 

Attorney General Herring concludes that the 2013 regulatory process got it right and “the Board was correct in its determination in 2013 that the Guidelines prevail over the USBC” because the plain language of the statute, “ Notwithstanding any law or regulation to the contrary, the Board of Health shall promulgate regulations… consistent with the current edition of the [Guidelines],” means that it supersedes any other statutes that may be in conflict.

 

Third and finally, she asked:

 

“What § 32.1-127.001 means when it provides that the regulations must be 'consistent with' the current edition of the Guidelines for design-and-construction of Hospital and Health Care Facilities.”

 

Attorney General Herring concludes that, because the Guidelines that must inform the regulations include different sets of standards for different types of hospitals, “the Board's task is to determine which parts of the Guidelines should apply to which facilities so that those regulations substantially conform to the standards established by professionals… Just as the Board has determined that inpatient and outpatient categories of hospitals should be consistent with different sections of the Guidelines, the Board has the discretion to determine which parts of the Guidelines are appropriately applied to regulated health care facilities that provide abortion services, in keeping with their treatment as a category of hospital.”

 

Please see below for an on the record quote about the opinion attributable to Attorney General Mark R. Herring:

 

“The previous administration provided incorrect legal advice to the Board of Health and intervened in a process that is supposed to be driven by medical professionals. That inappropriate intrusion produced regulations that would impose a de facto abortion ban in Virginia by forcing many health care facilities to either shut down, leaving thousands of women without access to critical services, or to stop offering abortion services. Virginia women can make their own healthcare decisions and they have a right to safely and affordably access the full range of healthcare services they may need in the communities where they live.

 

“Despite what the previous attorney general claimed, nothing in the law requires or even authorizes the Board to apply these design and construction standards retroactively. Without his interference, the Board would have done what it has always done which is apply these standards to new facilities, not preexisting ones. This opinion corrects the previous administration's incorrect advice and helps restore the integrity of the regulatory process, which should be used to ensure the health and safety of Virginians, not as cover to pursue ideological agendas.”