Week 19 of the Vermont Legislative Session – May 21, 2021
FINAL REPORT
The Legislative session came to a slow chug by Wednesday. Committee agendas were almost clear and the time in the respective Chambers debating pieces of Legislation was long. What was different this session compared to the last dozen years? First, working remotely through a virtual Statehouse meant there were no obvious last minute hallway pitches to get little amendments into big bills. There were no lunches or long walks with Legislators in between floor sessions. What appeared most different was the new Leadership team; Sen. Becca Balint, Rep. Jill Krowinski and Lt. Governor Molly Gray, pushed bills through each Chamber in a methodical manner ensuring that legislators knew the goal was to adjourn on Friday, May 21st. By Wednesday morning it seemed like all the stars were aligned and the final Committees of Conference were resolved. Now, it was just working through the final procedures to wrap up the session. With 80-degree weather and long days sitting in front of their iPads, it appeared everyone was ready for a break until next year.
The large outstanding issue for next session will be to utilize the summer task force to address the unfunded Pension Fund liability of $5.7 billion. In addition, the legislature will also need to track progress on funds expending from the American Rescue Plan Act (ARPA) and the potential federal infrastructure funding. Provisions were made for joint committees to meet throughout the summer/fall to evaluate current and future funding. The General Assembly is predicted to work in a “hybrid” model next session by using larger meeting rooms scattered throughout the Capital Complex. The potential to retain the ability to testify remotely has been strongly encouraged by State Representatives and Senators from the southern districts in Vermont.
The General Assembly continued their work throughout the week and adjourned the session. The Budget Conferees settled on the budget Thursday afternoon but waited for hours for other bills to be finished to know if appropriations would be added or removed.
On Friday Morning, all Legislators met for a presentation of the budget before moving the bill to the floor. The budget did not seem to be the issue, rather some Democratic priorities like a new contractor registry, a bill regarding housing in “smart growth” areas, and a bill aimed at improving rental housing health & safety. Those and a few other bills will be dealt with when the Legislature reconvenes for either a June veto session, October fall session or during the 2022 session.
The Legislature adjourned late Friday afternoon, the Senate finished first and the House followed shortly after. So far Governor Phil Scott has vetoed one bill which pertained to “the initial arrest and charge of a juvenile”. It is unclear as of this report whether the Governor will veto the FY 22 budget, as he has been clear that the spending of the ARPA funds rather than the surplus general fund dollars. Time will tell but June 23rd & 24th have been reserved for a veto session, if needed, but that appears unlikely.
H.439 An act relating to making appropriations for the support of government (Passed House & Senate, Sent to Governor) Report of Committee of Conference
The FY 2022 Budget as agreed is $7.35 billion which includes $1.630 billion General Fund Budget. The General Fund funds the costs associated with running state government. The FY 2022 budget utilizes the $7.35 billion to meet the ongoing costs of operating state government including the programs providing services and benefits to Vermonters, and to make investments in Vermont’s infrastructure and human capital from the federal funds available from the American Rescue Plan Act (ARPA) and other sources.
The budget bill has 95 references to “reports” that the Legislature will receive. The cost of these reports is difficult to understand but is sizable. The bill also includes a report on Executive Branch fees in response to Governor Scott not allowing fee increases since he became Governor.
H.436 An act relating to miscellaneous changes to Vermont’s tax laws (Passed House & Senate, sent to Governor)
Overall, this bill is expected to reduce State revenues by $9.45 million in FY 2022 and $1,860,000 in future fiscal years. The loss of these revenues will be divided among the General Fund, Education Fund, and the Clean Water Fund. Most important, this bill clarifies that the Payroll Protection Program (PPP) loans will not be taxable for 2020 and 2021. The Fiscal Note can be found here.
The bill does the following:
S.20 (Act 36) An act relating to restrictions on perfluoroalkyl and polyfluoroalkyl substances and other chemicals of concern in consumer products (Signed by Governor on May 18, 2021)
This bill will take effect on July 1, 2021, except that class B firefighting foam and chemicals of high concern to children will take effect on July 1, 2022 and food packaging and rugs/carpets and ski wax will take effect on July 1, 2023.
H.360 An act relating to accelerated community broadband deployment (Passed House & Senate, sent to Governor) Final Committee of Conference Report
This bill relies on $150 million of federal funding from the American Rescue Plan Act (ARPA) but still leaves additional broadband funding to consider next session.
The bill expresses that broadband infrastructure is critical infrastructure to accessing other critical services in sectors such as energy, public safety, government, health care, education, and commerce.
The bill includes the following:
S.79 An act relating to improving rental housing health and safety (missed adjournment deadline, will be taken up in future sessions)
The bill would require a “Rental Registry”, including “Short Term” rentals with future inspections and potential funding to upgrade rental units. To view the version as passed out of House General, Housing & Military Affairs, click here.
This controversial bill did not pass in time to allow the Senate to take it up for consideration. However, it could be considered again during a veto session or in a special session if either one occurs. The bill includes a Rental Registry Program for almost all rental properties in Vermont. The bill passed the House by a vote of 92 to 52 in favor of the registry.
S.83 An act relating to the Dairy Industry Stabilization Program (consideration postponed to 2022)
This bill proposes to add a $0.05 tax on every retail package of dairy products sold by a distributor to a retailer. The bill would also establish the Dairy Industry Stabilization Program to provide financial assistance to dairy farmers in the State. The financial assistance would be provided in the form of a premium over the federal order price that the State shall pay each registered Vermont dairy farmer per hundredweight of milk sold in the State. When the product is delivered by the wholesaler to the retail outlet, the money is added to the invoice. It does not attempt to change the federal milk order but instead is in addition to.
H.88 An act relating to certification of agricultural use for purposes of the use value appraisal program
(Passed House & Senate, sent to Governor)
This bill allows the Commissioner of Taxes to waive the annual certification requirement for enrollment in the use value appraisal program in the event the owner of agricultural land or buildings enrolled in the use value program fails to certify on or before November 1 of each year. The Commissioner must obtain, through other means, satisfactory information that the agricultural land or agricultural buildings continue to meet the other requirements for enrollment. The bill clarifies what the term “development” means as used in the program.
H.89 (Act 31) An act relating to limiting liability for agritourism (signed by Governor on May 17, 2021)
This bill makes providers of agritourism activities immune from civil liability if a participant is injured as a result of risks inherent in the activity and the provider has posted a warning about those risks.
H.108 (Act 32) An act relating to Vermont standards for issuing a Clean Water Act section 401 certification (Signed by Governor May 18, 2021)
This bill amends the Vermont Water Quality Standards (VWQS) to clarify that the standards apply to wetlands and discharges to wetlands. The bill will amend the VWQS requirements for any federal Clean Water Act (CWA) section 401 certification issued by the State. It will also require the State to conduct a cumulative impact analysis of the water quality impacts on waters and wetlands of any activity subject to the CWA section 401 certification. H.108 will not have an effect on farms because existing exemptions under Section 401 for farms are not changing.
H.172 An act relating to trapping and hunting (no action)
H.241 An act relating to establishing an ecosystems services tax credit (consideration in 2022)
This bill proposes to establish an ecosystems services tax credit for activities on working agricultural land and managed forestlands that sequester carbon or improve water quality.
H.420 - An act relating to miscellaneous agricultural subjects (passed House & Senate, sent to Governor)
The bill makes multiple miscellaneous amendments to agricultural subjects.
The bill will:
H.421 - An act relating to animal cruelty investigation response and training (Signed by Governor on May 20, 2021)
This bill proposes to amend the list of individuals authorized to investigate cases of animal cruelty; require humane officers to receive trainings approved by the Animal Cruelty Investigation Advisory Board; require the Board to maintain an index of humane officers who have received the trainings; and allow the Board to create refresher training requirements for humane officers.
To clarify the bill, an amendment was added in the Shelter of Animals to ensure that H.421 would “not apply to livestock and poultry husbandry practices for raising, management, and use of animals.”
H.434 - An act relating to establishing the Agricultural Innovation Board (passed House & Senate, sent to Governor)
Includes a 13-member Innovation Board and repeals the Pesticide Advisory Council. The Agricultural Innovation Board would make recommendations to the Governor and the General Assembly for prioritizing and coordinating the implementation of the recommendations of the Soil Health and Payment for Ecosystem Services Working Group, the Vermont Climate Council, and other relevant recommendations. The Agricultural Innovation Board would also recommend practices that reduce the use of and exposure to pesticides and synthetic fertilizers in order to protect soil biology, human health, and environmental health. In addition, the Board would advise the Executive Branch and the General Assembly with respect to legislation concerning the use of agricultural pest control measures and integrated pest management.
S.102 An act relating to the regulation of agricultural inputs for farming (Signed by Governor on May 20, 2021)
This bill proposes to require the Agency of Agriculture, Food and Markets to regulate compost foraging as farming. The bill would amend the definition of “farming” under Act 250 and the Required Agricultural Practices to include compost foraging. The bill would also require the manufacturer or distributor of animal health products, feed supplements, biostimulants, soil amendments, and plant amendments sold or distributed in the State to register the products with the Agency of Agriculture, Food and Markets.
H.106 An act relating to equitable access to a high-quality education through community schools (Passed House & Senate, sent to Governor)
This bill proposes to facilitate and provide funding for the implementation of community schools that provide all students with equitable access to a high-quality education.
Late Thursday afternoon, the House passed an amendment on the floor that would include S.100 (An act relating to universal school breakfast and the creation of the Task Force on Universal School Lunch).
The amendment establishes a locally produced foods grant program with the goal of at least 20% of all foods purchased by supervisory unions to be locally produced foods. The Agency of Education shall administer this program and create a full-time, classified position specializing in the administration of school food programs. This amendment also creates the Task Force on Universal School Lunch, which shall recommend how to provide universal school lunch for all public-school students at no cost to the students or their families by the 2026-2027 school year.
H.315 (Act 9) An act relating to COVID-19 relief and Recovery (Became law without Governor’s signature on April 17th, 2021)
The House Covid-19 Relief Bill advances spending to provide timely, critical assistance to Vermonters and businesses in Fiscal year 2021, needed as the result of the public health emergency and to advance projects to stimulate recovery. This relief bill spends or reserves one-time funds from the General Fund and Coronavirus Relief Funds (CRF). The bill spends or reserves one-time funds of just under $49 million in general funds and $13 million for new grants and support funding.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
FINAL REPORT
The Legislative session came to a slow chug by Wednesday. Committee agendas were almost clear and the time in the respective Chambers debating pieces of Legislation was long. What was different this session compared to the last dozen years? First, working remotely through a virtual Statehouse meant there were no obvious last minute hallway pitches to get little amendments into big bills. There were no lunches or long walks with Legislators in between floor sessions. What appeared most different was the new Leadership team; Sen. Becca Balint, Rep. Jill Krowinski and Lt. Governor Molly Gray, pushed bills through each Chamber in a methodical manner ensuring that legislators knew the goal was to adjourn on Friday, May 21st. By Wednesday morning it seemed like all the stars were aligned and the final Committees of Conference were resolved. Now, it was just working through the final procedures to wrap up the session. With 80-degree weather and long days sitting in front of their iPads, it appeared everyone was ready for a break until next year.
The large outstanding issue for next session will be to utilize the summer task force to address the unfunded Pension Fund liability of $5.7 billion. In addition, the legislature will also need to track progress on funds expending from the American Rescue Plan Act (ARPA) and the potential federal infrastructure funding. Provisions were made for joint committees to meet throughout the summer/fall to evaluate current and future funding. The General Assembly is predicted to work in a “hybrid” model next session by using larger meeting rooms scattered throughout the Capital Complex. The potential to retain the ability to testify remotely has been strongly encouraged by State Representatives and Senators from the southern districts in Vermont.
The General Assembly continued their work throughout the week and adjourned the session. The Budget Conferees settled on the budget Thursday afternoon but waited for hours for other bills to be finished to know if appropriations would be added or removed.
On Friday Morning, all Legislators met for a presentation of the budget before moving the bill to the floor. The budget did not seem to be the issue, rather some Democratic priorities like a new contractor registry, a bill regarding housing in “smart growth” areas, and a bill aimed at improving rental housing health & safety. Those and a few other bills will be dealt with when the Legislature reconvenes for either a June veto session, October fall session or during the 2022 session.
The Legislature adjourned late Friday afternoon, the Senate finished first and the House followed shortly after. So far Governor Phil Scott has vetoed one bill which pertained to “the initial arrest and charge of a juvenile”. It is unclear as of this report whether the Governor will veto the FY 22 budget, as he has been clear that the spending of the ARPA funds rather than the surplus general fund dollars. Time will tell but June 23rd & 24th have been reserved for a veto session, if needed, but that appears unlikely.
H.439 An act relating to making appropriations for the support of government (Passed House & Senate, Sent to Governor) Report of Committee of Conference
The FY 2022 Budget as agreed is $7.35 billion which includes $1.630 billion General Fund Budget. The General Fund funds the costs associated with running state government. The FY 2022 budget utilizes the $7.35 billion to meet the ongoing costs of operating state government including the programs providing services and benefits to Vermonters, and to make investments in Vermont’s infrastructure and human capital from the federal funds available from the American Rescue Plan Act (ARPA) and other sources.
- Uses over $48 million in one-time funds for programs like; food bank, grants for childcare, Vermont Milk Donor center, Dept of Corrections, PCB testing in schools
- $164 million in pension & retirement benefits and includes $200,000 for a Task Force to come up with a strategy to resolve the underfunded pension system
- The budget invests in Vermont by using $600 million in APRA funding for broadband, climate change, clean water, IT upgrades, economy & workforce development, and housing
The budget bill has 95 references to “reports” that the Legislature will receive. The cost of these reports is difficult to understand but is sizable. The bill also includes a report on Executive Branch fees in response to Governor Scott not allowing fee increases since he became Governor.
H.436 An act relating to miscellaneous changes to Vermont’s tax laws (Passed House & Senate, sent to Governor)
Overall, this bill is expected to reduce State revenues by $9.45 million in FY 2022 and $1,860,000 in future fiscal years. The loss of these revenues will be divided among the General Fund, Education Fund, and the Clean Water Fund. Most important, this bill clarifies that the Payroll Protection Program (PPP) loans will not be taxable for 2020 and 2021. The Fiscal Note can be found here.
The bill does the following:
- Adds online delivery platforms into the definition to operators and they are now responsible for collecting Meals and Rooms tax for meals sold on their platforms
- Exempts alcoholic beverages from Meals and Rooms tax in instances where prepared food and other beverages are also exempt, largely non-profit events
- Allows claimants to amend certain fields on their Property Tax Credit claims
- Allows the Department of Taxes to accept all payment types
- Creates 2 new statutory purposes for tax expenditures:
- Sales tax exemption for sales of recyclable paper bags & feminine hygiene products
- Clarifies existing sales and use tax exemption for wood pellets sold to an individual on a vendor’s premises or delivered to a residence is a sale for residential use and is tax-exempt.
- Increases certain town clerk fees relating to delinquent taxes from $10 to $15 per page or recording and decreases one fee from $30 to $15.
- Extends sunset of home health agency assessment and its allocation to the Health IT Fund to July 1, 2023
- Amends annual deadlines to April 1st, for manufacturers of prescribed products to report and pay fees to Attorney General’s Office for allowable expenditures or gifts.
- Sets fiscal year 2022 base rate for residential and non-residential property tax rates
- Institutes a commercial property appraisal proposal by the Department of Taxes and the League of Cities and Towns
- Adds a proposal to review options to collect and report data annually on the number and grand list value of secondary residences located within this State
- Payroll Protection Program loans not included in taxable income
- Amends audit schedule for Burlington Waterfront TIF District to be conducted on or before October 1st, 2021
- Extends the periods for TIF districts to incur indebtedness by 1 year, according to a new schedule
S.20 (Act 36) An act relating to restrictions on perfluoroalkyl and polyfluoroalkyl substances and other chemicals of concern in consumer products (Signed by Governor on May 18, 2021)
- The bill includes a restriction on a manufacturer, supplier, or distributor to not be allowed to sell, offer for sale, distribute for sale, or distribute for use in the State any food package to which PFAS have been intentionally added and are present in any amount.
- The bill bans a manufacturer of class B firefighting foam shall not manufacture, sell, offer for sale, or distribute for sale or use in this State class B firefighting foam to which PFAS have been intentionally added by October 1, 2023.
- Includes the same restriction from manufactures of rugs, carpets, after market stain and water-resistant treatments, as well as ski wax. These products would be banned for sale into Vermont on July 1, 2023.
- The bill also adds; PFHxS (perfluorohexane sulfonic acid), PFHpA (perfluoroheptanoic acid) and PFNA (perfluorononanoic acid) to the list of “chemicals of high concern”.
- The Vermont Attorney General can, if concerned, ask manufacturers for a certification of products being sold into Vermont.
This bill will take effect on July 1, 2021, except that class B firefighting foam and chemicals of high concern to children will take effect on July 1, 2022 and food packaging and rugs/carpets and ski wax will take effect on July 1, 2023.
H.360 An act relating to accelerated community broadband deployment (Passed House & Senate, sent to Governor) Final Committee of Conference Report
This bill relies on $150 million of federal funding from the American Rescue Plan Act (ARPA) but still leaves additional broadband funding to consider next session.
The bill expresses that broadband infrastructure is critical infrastructure to accessing other critical services in sectors such as energy, public safety, government, health care, education, and commerce.
The bill includes the following:
- Focus on fiber installation that delivers 100/100 speed which will aid in the continuation of telemedicine and foster educational access
- Communications union districts (CUDs) were created by the State to coordinate and implement creative and innovative solutions in their respective territories, particularly where existing providers are not providing
- The Department of Public Service plays a regulatory role in the telecommunications market while also supporting the development of CUDs in an unregulated competitive broadband market
- Sets up the Vermont Community Broadband Board to coordinate, facilitate, support, and accelerate the development and implementation of universal community broadband solutions
- The bill does not address affordability in terms of providing assistance for low-income Vermonters to sign up for current federal subsidies
S.79 An act relating to improving rental housing health and safety (missed adjournment deadline, will be taken up in future sessions)
The bill would require a “Rental Registry”, including “Short Term” rentals with future inspections and potential funding to upgrade rental units. To view the version as passed out of House General, Housing & Military Affairs, click here.
This controversial bill did not pass in time to allow the Senate to take it up for consideration. However, it could be considered again during a veto session or in a special session if either one occurs. The bill includes a Rental Registry Program for almost all rental properties in Vermont. The bill passed the House by a vote of 92 to 52 in favor of the registry.
S.83 An act relating to the Dairy Industry Stabilization Program (consideration postponed to 2022)
This bill proposes to add a $0.05 tax on every retail package of dairy products sold by a distributor to a retailer. The bill would also establish the Dairy Industry Stabilization Program to provide financial assistance to dairy farmers in the State. The financial assistance would be provided in the form of a premium over the federal order price that the State shall pay each registered Vermont dairy farmer per hundredweight of milk sold in the State. When the product is delivered by the wholesaler to the retail outlet, the money is added to the invoice. It does not attempt to change the federal milk order but instead is in addition to.
H.88 An act relating to certification of agricultural use for purposes of the use value appraisal program
(Passed House & Senate, sent to Governor)
This bill allows the Commissioner of Taxes to waive the annual certification requirement for enrollment in the use value appraisal program in the event the owner of agricultural land or buildings enrolled in the use value program fails to certify on or before November 1 of each year. The Commissioner must obtain, through other means, satisfactory information that the agricultural land or agricultural buildings continue to meet the other requirements for enrollment. The bill clarifies what the term “development” means as used in the program.
H.89 (Act 31) An act relating to limiting liability for agritourism (signed by Governor on May 17, 2021)
This bill makes providers of agritourism activities immune from civil liability if a participant is injured as a result of risks inherent in the activity and the provider has posted a warning about those risks.
H.108 (Act 32) An act relating to Vermont standards for issuing a Clean Water Act section 401 certification (Signed by Governor May 18, 2021)
This bill amends the Vermont Water Quality Standards (VWQS) to clarify that the standards apply to wetlands and discharges to wetlands. The bill will amend the VWQS requirements for any federal Clean Water Act (CWA) section 401 certification issued by the State. It will also require the State to conduct a cumulative impact analysis of the water quality impacts on waters and wetlands of any activity subject to the CWA section 401 certification. H.108 will not have an effect on farms because existing exemptions under Section 401 for farms are not changing.
H.172 An act relating to trapping and hunting (no action)
H.241 An act relating to establishing an ecosystems services tax credit (consideration in 2022)
This bill proposes to establish an ecosystems services tax credit for activities on working agricultural land and managed forestlands that sequester carbon or improve water quality.
H.420 - An act relating to miscellaneous agricultural subjects (passed House & Senate, sent to Governor)
The bill makes multiple miscellaneous amendments to agricultural subjects.
The bill will:
- doubles the current numbers for on-farm slaughter
- allows a maximum of 12,000 lbs. for combined animal weight for on farm slaughter
- directs Office of Legislative Council and stakeholders to propose draft legislation regarding slaughtering of animals under a contract
- clarify the jurisdiction of the Agency of Agriculture, Food and Markets over weights and measures
- extend the working group regarding “payment for ecosystem services and soil health” for an additional year, final report would also be extended by one year
- clarify the agricultural records that are exempt from public inspection
- amend the hemp program to align it with evolving federal law
- update the Agriculture Annex to the State Emergency Operations Plan to improve the capacity of the State to maintain a sufficient food supply during times of emergency or other food insecurity
H.421 - An act relating to animal cruelty investigation response and training (Signed by Governor on May 20, 2021)
This bill proposes to amend the list of individuals authorized to investigate cases of animal cruelty; require humane officers to receive trainings approved by the Animal Cruelty Investigation Advisory Board; require the Board to maintain an index of humane officers who have received the trainings; and allow the Board to create refresher training requirements for humane officers.
To clarify the bill, an amendment was added in the Shelter of Animals to ensure that H.421 would “not apply to livestock and poultry husbandry practices for raising, management, and use of animals.”
H.434 - An act relating to establishing the Agricultural Innovation Board (passed House & Senate, sent to Governor)
Includes a 13-member Innovation Board and repeals the Pesticide Advisory Council. The Agricultural Innovation Board would make recommendations to the Governor and the General Assembly for prioritizing and coordinating the implementation of the recommendations of the Soil Health and Payment for Ecosystem Services Working Group, the Vermont Climate Council, and other relevant recommendations. The Agricultural Innovation Board would also recommend practices that reduce the use of and exposure to pesticides and synthetic fertilizers in order to protect soil biology, human health, and environmental health. In addition, the Board would advise the Executive Branch and the General Assembly with respect to legislation concerning the use of agricultural pest control measures and integrated pest management.
S.102 An act relating to the regulation of agricultural inputs for farming (Signed by Governor on May 20, 2021)
This bill proposes to require the Agency of Agriculture, Food and Markets to regulate compost foraging as farming. The bill would amend the definition of “farming” under Act 250 and the Required Agricultural Practices to include compost foraging. The bill would also require the manufacturer or distributor of animal health products, feed supplements, biostimulants, soil amendments, and plant amendments sold or distributed in the State to register the products with the Agency of Agriculture, Food and Markets.
H.106 An act relating to equitable access to a high-quality education through community schools (Passed House & Senate, sent to Governor)
This bill proposes to facilitate and provide funding for the implementation of community schools that provide all students with equitable access to a high-quality education.
Late Thursday afternoon, the House passed an amendment on the floor that would include S.100 (An act relating to universal school breakfast and the creation of the Task Force on Universal School Lunch).
The amendment establishes a locally produced foods grant program with the goal of at least 20% of all foods purchased by supervisory unions to be locally produced foods. The Agency of Education shall administer this program and create a full-time, classified position specializing in the administration of school food programs. This amendment also creates the Task Force on Universal School Lunch, which shall recommend how to provide universal school lunch for all public-school students at no cost to the students or their families by the 2026-2027 school year.
- The locally produced food grant program shall be administered by the Agency of Education and create a full-time, classified position specializing in the administration of school food programs
- The grants shall be distributed to eligible supervisory unions based on the percent of locally produced foods. Eligible supervisory unions shall receive funding per reimbursable school lunch.
H.315 (Act 9) An act relating to COVID-19 relief and Recovery (Became law without Governor’s signature on April 17th, 2021)
The House Covid-19 Relief Bill advances spending to provide timely, critical assistance to Vermonters and businesses in Fiscal year 2021, needed as the result of the public health emergency and to advance projects to stimulate recovery. This relief bill spends or reserves one-time funds from the General Fund and Coronavirus Relief Funds (CRF). The bill spends or reserves one-time funds of just under $49 million in general funds and $13 million for new grants and support funding.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
Week 17 of the 2021 Vermont Legislative Session – May 7, 2021
As tensions continue to grow, Legislators are finding it very difficult to communicate with each other virtually and often forget the relaxed discussions in committees need to be a bit more professional. The House of Representatives were reminded how to dress and not to be getting nourishment while in session. The Chair of Senate Finance received a call by President Pro Tempe Becca Balint for “throwing her under the bus” because she preferred the prior Senate Leadership. The comment was taken out of context and was actually a compliment to the current President Pro Tempe. Senator Cummings publicly apologized for anything that she might have said but could not even remember the comment.
There have also been rumors that the General Assembly is considering coming back in October for a month-long session, aimed at having a better understanding of the American Rescue Plan Act (ARPA) federal guidance for uses of the funds. It has been acknowledged that a June veto-session is likely. The General Assembly has, in some sense, recycled revenue by repurposing the general fund dollars to take advantage of all the federal funds. Many legislators are concerned that under a strict audit, Vermont will need to repay back some of the money which would create a much bigger problem over the next few years.
The legislature confirmed the members of the Cannabis Control Board this week, setting up the three-member Board which will work directly with a 13-member Advisory Committee. The Board is created for the purpose of “safely, equitably, and effectively implementing and administering the laws and rules regulating adult-use cannabis in Vermont”. The Board is also responsible for establishing, administering, and regulating a cannabis regulatory system for commercial cannabis cultivators, wholesalers, product manufacturers, retailers, and testing laboratories. The creation of this Board has been well overdue, and Governor Scott has been criticized for not appointing them sooner.
Another Board is proposed under the new broadband legislation which utilizes $100 million in ARPA funds this year and $50 million next year. Governor Scott had proposed the use of the full $250 million awarded to Vermont. The Senate Finance Committee has focused for almost two weeks on how to create the Vermont Community Broadband Board which is also a three-member Board. The longer the debate went on the more difficult the discussions around the size of the Board and how a 3-member Board could comply with the “Open Meeting Law”. The Board members will be paid $250 per meeting with the responsibility of overseeing the roll out of fiber, grant awards as well as coordinate, communicate, and facilitate the new Universal Broadband plan. Questions have come up about trying to attract a talented Board with such low compensation. These details will be worked out in the Committee of Conference as the Senate proposal is very different than the House passed bill, H.360.
S.79 An act relating to improving rental housing health and safety (up for action in House)
The House General, Housing and Military Affairs committee voted 8-3 in favor of a strike all amendment to S.79 which includes, but is not limited to the following:
- Updates to Vermont’s rental housing safety regulations
- Creation of a rental housing registry for long-and-short term rental units in Vermont.
Registration fee of $35 per rental unit
The rental registry proposed exempts the following type of units:
- Two-year exemption for housing provided as a benefit of farm employment
- Housing provided as part of Home Share program
- Housing provided to a personal care assistant
- Housing provided to a family member or personal acquaintance
House Ways & Means and Appropriations Committees will review the bill for its impact to finances of the State prior to the bill being taken up by the House as a whole. Click here to review the latest draft.
H.434 - An act relating to establishing the Agricultural Innovation Board (amended by House Ag)
The Innovation Board will need to issue an annual report regarding the progress and recommendation from the prescribed charge. The bill also repeals the Pesticide Advisory Council but requires the Board to recommend practices that reduce the use of and exposure to pesticides and synthetic fertilizers to protect soil biology, human health, and environmental health.
The 13-member Agricultural Innovation Board includes “an active farmer who is a member of an organization representing the conventional dairy industry in Vermont” to ensure conventional dairy has a seat at the table.
The Senate will review the minor changes to require the Agriculture Innovation Board to report to the Secretary of Agriculture on the sale, distribution, or use of a genetically engineered seed or seeds or recommend a limited period of time for sale of a genetically engineered seed or seeds.
S.102 An act relating to the regulation of agricultural inputs for farming (Senate concurred with as passed House)
The House passed the bill will very few changes from the Senate’s version. The bill will allow the importation of a limited amount of food residuals or food processing residuals onto a farm for the production of compost, provided that:
- the compost is principally used on the farm where it is produced
- the compost is produced on a small farm that raises or manages poultry
The bill requires a manufacturer or distributor of a commercial feed, feed supplement, or dosage form animal health product to register with the state. The registration of a dosage form animal health product shall be accompanied by a registration fee of $50.00/product, the House Ways & Means committee reduced the fee to $35/product as the number of products is now estimated to be higher. The application for registration of a commercial feed or feed supplement shall be accompanied by a registration fee of $105.00/product.
In addition, labeling and reporting requirements are also outlined in the bill as well as defining “Brand” used in connection with one or more grades or formulas of fertilizer, plant amendment, plant biostimulant, soil amendment, or lime.
Task Force to Revitalize the Vermont Dairy Industry
The committee met for their first organizational meeting. The eight-member task force consists of four members from the state legislature and four members from the dairy sector.
The task force elected Co-Chairs Senator Bobby Starr (D- Essex-Orleans) and Dan Smith Esq. who prepared the report submitted to the General Assembly, that showed the need for a task force to address the dairy sector. A member of the task force, Jill Rickard from the Department of Financial Regulation (DFR), provided a presentation on the current price regulation of milk. The findings revealed, among other things, there is a decrease in need of liquid milk, but an increase in milk to make cheese.
Report by DFR: Act No. 129 (2020) report: Vermont Dairy Industry Price Regulation: Assessment and Recommendations
All members of the task force are energetic and understand that in Vermont, dairy is crucial as it creates over $42.2 billion in economic activity. The Board is planning to meet every few weeks understanding the extent of the work they have to do. The Task Force has until March 1, 2022 to complete their work.
H.420 - An act relating to miscellaneous agricultural subjects (passed Senate)
The bill makes multiple miscellaneous amendments to agricultural subjects. The bill would repeal the sunset provision for personal and itinerant slaughter, clarify the definition of “livestock dealer,” and amend eligibility requirements for the veterinarian educational loan repayment program.
The bill will:
- doubles the current numbers for on-farm slaughter
- restricts any combination of swine, cattle, sheep, or goats, provided that not more than 12,000 pounds of the live weight of livestock are slaughtered per year
- directs Office of Legislative Council and stakeholders to propose draft legislation regarding slaughtering of animals under a contract
- clarify the jurisdiction of the Agency of Agriculture, Food and Markets over weights and measures
- extend the working group regarding “payment for ecosystem services and soil health” for an additional year, final report would also be extended by one year
- clarify the agricultural records that are exempt from public inspection
- amend the hemp program to align it with evolving federal law
- update the Agriculture Annex to the State Emergency Operations Plan to improve the capacity of the State to maintain a sufficient food supply during times of emergency or other food insecurity
H.89 An act relating to limiting liability for agritourism (passed both House & Senate)
This bill makes providers of agritourism activities immune from civil liability if a participant is injured as a result of risks inherent in the activity and the provider has posted a warning about those risks.
S.20 An act relating to restrictions on perfluoroalkyl and polyfluoroalkyl substances and other chemicals of concern in consumer products (passed House with proposal of amendment, Senate Committee will review on Tuesday)
- The bill includes a restriction on a manufacturer, supplier, or distributor to not be allowed to sell, offer for sale, distribute for sale, or distribute for use in the State any food package to which PFAS have been intentionally added and are present in any amount.
- The bill bans a manufacturer of class B firefighting foam shall not manufacture, sell, offer for sale, or distribute for sale or use in this State class B firefighting foam to which PFAS have been intentionally added by October 1, 2023.
- The committee included the same restriction from manufactures of rugs, carpets, after market stain and water-resistant treatments, as well as ski wax. These products would be banned for sale into Vermont on July 1, 2023.
- The bill also adds; PFHxS (perfluorohexane sulfonic acid), PFHpA (perfluoroheptanoic acid) and PFNA (perfluorononanoic acid) to the list of “chemicals of high concern”.
- The Vermont Attorney General can, if concerned, ask manufacturers for a certification of products being sold into Vermont.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
5/2/2021
We are sharing Follow a Farmer videos directly to legislatures biweekly!
The first one was sent to all in the house and senate today, focusing on Manure Injection. Email is attached below, as well as the video link!
Manure Injection Video
We are sharing Follow a Farmer videos directly to legislatures biweekly!
The first one was sent to all in the house and senate today, focusing on Manure Injection. Email is attached below, as well as the video link!
Manure Injection Video
Week 16 of the 2021 Vermont Legislative Session – April 30, 2021
As the legislative session begins to chug to an end, committees are starting to wind down as well. Whether bills need to be finished up, amendments reviewed, or the need for 2022 planning, it is a clear sign that adjournment is near. With May 22nd still in sight as adjournment day, compromise and negotiations will be needed. The use of ARPA funds without guidance creates a balancing act of guess now and fix later, or delay spending portions of the billion-dollar pot. Both are tempting but Governor Phil Scott continues to press for a comprehensive plan to make the best use of the “once in a lifetime” infusion of cash.
A provision to take advantage of federal funding had to be made quickly. Last week the Legislature churned about which bill to use to “un-merge” the Vermont Health Connect markets to pull in $17 million in federal tax subsidies. This week, the path became clearer when a bill moved out of the Senate with the amendment attached to allow for the subsidies for the 2022 health insurance plan year.
A huge outcrying by business groups opposed a provision that would require any Paycheck Protection grants to become taxable in Vermont for all 2021 grants. The feds did not make these grants taxable. The House decision to tax caught the Senate a bit flat footed and defensive. This week the Senate Finance Committee explained the complexities that would result from taxing 2021 federal PPP grants.
Some committee members reacted defensively, saying they have not made any decisions about taxing the grants. The legislature passed a bill exempting 2020 PPP grants from state taxes but failed to include 2021. If legislators are annoyed with what they perceive as misplaced angst, they could alleviate the situation by addressing the issue. That has yet to be done.
The Vermont Department of Labor announced Tuesday that the work search requirement for unemployment claimants will be reinstated beginning Sunday, May 9, 2021 for all claimants in regular UI and specific claimants in the Pandemic Unemployment Assistance (PUA) program. A person seeking unemployment payments will need to report to the Department each week about who they contacted for potential work. In an unexpected twist, the federal government sent a letter to Dept. of Labor Commissioner, Michael Harrington, requiring that Vermont re-process unemployment benefit claims filed in the state over the past year or risk violating federal law — a request Vermont’s labor commissioner calls “unconscionable.” If this results in claims having been paid out when they should not have been, repayment to the unemployment system may be required.
H.439 An act relating to making appropriations for the support of government
The Senate approved a budget for Fiscal Year 2022 as well as uses of “one-time” funds and uses of federal funds. This budget appropriates a total of $7.17 billion to meet the ongoing costs of operating state government including the programs providing services and benefits to Vermonters, and to make investments in Vermont’s infrastructure and human resources from the federal funds available from the American Rescue Plan Act (ARPA) and the CARES Act (CRF).
Highlights
One time money, total $262 million: (Summary)
American Rescue Program Act (Coronavirus), $562m: (Summary)
S.102 An act relating to the regulation of agricultural inputs for farming (passed House)
The House passed the bill will very few changes from the Senate’s version. The bill will allow the importation of a limited amount of food residuals or food processing residuals onto a farm for the production of compost, provided that:
This provision will need to go through the rulemaking process which would likely begin in July and take approximately nine months. The bill also requires the Agency to report in January the inventory of farms as well as an accounting of any complaints and other issues that may arise.
The bill requires a manufacturer or distributor of a commercial feed, feed supplement, or dosage form animal health product to register with the state. The registration of a dosage form animal health product shall be accompanied by a registration fee of $50.00/product, the House Ways & Means committee reduced the fee to $35/product as the estimated number of products is now estimated to be higher. The application for registration of a commercial feed or feed supplement shall be accompanied by a registration fee of $105.00/product.
In addition, labeling and reporting requirements are also outlined in the bill as well as defining “Brand” used in connection with one or more grades or formulas of fertilizer, plant amendment, plant biostimulant, soil amendment, or lime.
H.434 - An act relating to establishing the Agricultural Innovation Board (passed Senate)
The Innovation Board will need to issue an annual report regarding the progress and recommendation from the prescribed charge. The bill also repeals the Pesticide Advisory Council but requires the Board to recommend practices that reduce the use of and exposure to pesticides and synthetic fertilizers to protect soil biology, human health, and environmental health.
H.89 An act relating to limiting liability for agritourism (passed Senate)
This bill makes providers of agritourism activities immune from civil liability if a participant is injured as a result of risks inherent in the activity and the provider has posted a warning about those risks.
The bill addresses issues by economic opportunity for businesses that provide agritourism activities. It relieves hosts from the liability for injury to or death of a participant in the agritourism activity resulting from the inherent risks of the activity.
H.420 - An act relating to miscellaneous agricultural subjects (up for vote on Tuesday in committee)
The bill makes multiple miscellaneous amendments to agricultural subjects. The bill would repeal the sunset provision for personal and itinerant slaughter, clarify the definition of “livestock dealer,” and amend eligibility requirements for the veterinarian educational loan repayment program.
The bill will:
S.79 An act relating to improving rental housing health and safety – Passed Senate (Draft Link)
This bill proposes to improve rental housing health and safety and includes the creation of a State Rental Housing Registry.
The legislature has tried for several years to pass a rental housing safety bill which includes a registry of all rental housing in the State. Rental housing means housing that is leased or offered for lease and includes a dwelling unit and includes short term rentals, also known as AirBnBs. The bill proposes a $35/unit registration fee unless the unit is registered at the municipal level or in another housing safety program.
One exemption being considered is farm employee housing. Farm owners may be required to register the housing but be exempt from paying the registration fee. More consideration will be given for this category of housing which is required to comply with most landlord tenant laws but is typically not offered on the regular rental market.
House General, Housing and Military Affairs will continue testimony and amendments to the bill with a likely vote on Tuesday, May 4th.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
As the legislative session begins to chug to an end, committees are starting to wind down as well. Whether bills need to be finished up, amendments reviewed, or the need for 2022 planning, it is a clear sign that adjournment is near. With May 22nd still in sight as adjournment day, compromise and negotiations will be needed. The use of ARPA funds without guidance creates a balancing act of guess now and fix later, or delay spending portions of the billion-dollar pot. Both are tempting but Governor Phil Scott continues to press for a comprehensive plan to make the best use of the “once in a lifetime” infusion of cash.
A provision to take advantage of federal funding had to be made quickly. Last week the Legislature churned about which bill to use to “un-merge” the Vermont Health Connect markets to pull in $17 million in federal tax subsidies. This week, the path became clearer when a bill moved out of the Senate with the amendment attached to allow for the subsidies for the 2022 health insurance plan year.
A huge outcrying by business groups opposed a provision that would require any Paycheck Protection grants to become taxable in Vermont for all 2021 grants. The feds did not make these grants taxable. The House decision to tax caught the Senate a bit flat footed and defensive. This week the Senate Finance Committee explained the complexities that would result from taxing 2021 federal PPP grants.
- Without PPP, unemployment rates would have been much higher. As our state’s unemployment system was strained, PPP created a parallel unemployment system.
- Nothing can be saved by businesses because every dollar must go to payroll or eligible expenses under program rules in order to be forgiven.
- Some employers have spent entire loans on payroll and provided hazard pay.
- Those businesses who accessed PPP loans in 2021 will be treated unfairly compared to businesses who accessed loans in 2020 and were forgiven. Businesses do not have control over when they will receive confirmation their loan is forgiven.
Some committee members reacted defensively, saying they have not made any decisions about taxing the grants. The legislature passed a bill exempting 2020 PPP grants from state taxes but failed to include 2021. If legislators are annoyed with what they perceive as misplaced angst, they could alleviate the situation by addressing the issue. That has yet to be done.
The Vermont Department of Labor announced Tuesday that the work search requirement for unemployment claimants will be reinstated beginning Sunday, May 9, 2021 for all claimants in regular UI and specific claimants in the Pandemic Unemployment Assistance (PUA) program. A person seeking unemployment payments will need to report to the Department each week about who they contacted for potential work. In an unexpected twist, the federal government sent a letter to Dept. of Labor Commissioner, Michael Harrington, requiring that Vermont re-process unemployment benefit claims filed in the state over the past year or risk violating federal law — a request Vermont’s labor commissioner calls “unconscionable.” If this results in claims having been paid out when they should not have been, repayment to the unemployment system may be required.
H.439 An act relating to making appropriations for the support of government
The Senate approved a budget for Fiscal Year 2022 as well as uses of “one-time” funds and uses of federal funds. This budget appropriates a total of $7.17 billion to meet the ongoing costs of operating state government including the programs providing services and benefits to Vermonters, and to make investments in Vermont’s infrastructure and human resources from the federal funds available from the American Rescue Plan Act (ARPA) and the CARES Act (CRF).
Highlights
One time money, total $262 million: (Summary)
- $40m Housing
- $14m Technology
- $150m Pension Fund
- $2m Nurse, program to incentivize
- Other; milk donor program, technical assistance for farm viability program, technical assistance to unmerge the health insurance markets.
American Rescue Program Act (Coronavirus), $562m: (Summary)
- $23m for Workforce
- $53m for Higher Education stabilization
- $57m Economic Development
- $101m Broadband
- $31m Climate Change
- $115 Clean Water
S.102 An act relating to the regulation of agricultural inputs for farming (passed House)
The House passed the bill will very few changes from the Senate’s version. The bill will allow the importation of a limited amount of food residuals or food processing residuals onto a farm for the production of compost, provided that:
- the compost is principally used on the farm where it is produced
- the compost is produced on a small farm that raises or manages poultry
This provision will need to go through the rulemaking process which would likely begin in July and take approximately nine months. The bill also requires the Agency to report in January the inventory of farms as well as an accounting of any complaints and other issues that may arise.
The bill requires a manufacturer or distributor of a commercial feed, feed supplement, or dosage form animal health product to register with the state. The registration of a dosage form animal health product shall be accompanied by a registration fee of $50.00/product, the House Ways & Means committee reduced the fee to $35/product as the estimated number of products is now estimated to be higher. The application for registration of a commercial feed or feed supplement shall be accompanied by a registration fee of $105.00/product.
In addition, labeling and reporting requirements are also outlined in the bill as well as defining “Brand” used in connection with one or more grades or formulas of fertilizer, plant amendment, plant biostimulant, soil amendment, or lime.
H.434 - An act relating to establishing the Agricultural Innovation Board (passed Senate)
The Innovation Board will need to issue an annual report regarding the progress and recommendation from the prescribed charge. The bill also repeals the Pesticide Advisory Council but requires the Board to recommend practices that reduce the use of and exposure to pesticides and synthetic fertilizers to protect soil biology, human health, and environmental health.
H.89 An act relating to limiting liability for agritourism (passed Senate)
This bill makes providers of agritourism activities immune from civil liability if a participant is injured as a result of risks inherent in the activity and the provider has posted a warning about those risks.
The bill addresses issues by economic opportunity for businesses that provide agritourism activities. It relieves hosts from the liability for injury to or death of a participant in the agritourism activity resulting from the inherent risks of the activity.
- It will lessen the potential liability of farmers hosting agritourism activities
- It may reduce the price of liability insurance for agritourism activities; and
- It still provides a person who is injured by an agritourism activity a remedy when the injury is caused by something other than the ordinary risks of harm from the activity.
H.420 - An act relating to miscellaneous agricultural subjects (up for vote on Tuesday in committee)
The bill makes multiple miscellaneous amendments to agricultural subjects. The bill would repeal the sunset provision for personal and itinerant slaughter, clarify the definition of “livestock dealer,” and amend eligibility requirements for the veterinarian educational loan repayment program.
The bill will:
- doubles the current numbers for on-farm slaughter
- directs Office of Legislative Council and stakeholders to propose draft legislation regarding slaughtering of animals under a contract
- clarify the jurisdiction of the Agency of Agriculture, Food and Markets over weights and measures
- extend the working group regarding “payment for ecosystem services and soil health” for an additional year, final report would also be extended by one year
- clarify the agricultural records that are exempt from public inspection
- amend the hemp program to align it with evolving federal law
- update the Agriculture Annex to the State Emergency Operations Plan to improve the capacity of the State to maintain a sufficient food supply during times of emergency or other food insecurity
S.79 An act relating to improving rental housing health and safety – Passed Senate (Draft Link)
This bill proposes to improve rental housing health and safety and includes the creation of a State Rental Housing Registry.
The legislature has tried for several years to pass a rental housing safety bill which includes a registry of all rental housing in the State. Rental housing means housing that is leased or offered for lease and includes a dwelling unit and includes short term rentals, also known as AirBnBs. The bill proposes a $35/unit registration fee unless the unit is registered at the municipal level or in another housing safety program.
One exemption being considered is farm employee housing. Farm owners may be required to register the housing but be exempt from paying the registration fee. More consideration will be given for this category of housing which is required to comply with most landlord tenant laws but is typically not offered on the regular rental market.
House General, Housing and Military Affairs will continue testimony and amendments to the bill with a likely vote on Tuesday, May 4th.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
Week 15 of the 2021 Vermont Legislative Session – April 23, 2021
With economic development as a major sector in Vermont, Secretary Lindsay Kurrle, testified before the Senate Agricultural committee to try to access how the grant funding is anticipated going forward. The collaboration is expected to continue with the Agency of Agriculture Food & Markets. The Governor proposed $143 million to economic development opportunities to improve farm housing, meat processing, and wastewater infrastructure. Secretary Kurrle explained that the agriculture sector of Vermont could benefit largely from this bucket of funding. ARPA will connect dairy and agriculture to “the outside world”. One additional issue noted during the pandemic was lack of broadband connectivity to build and sell through e-commerce markets. As broadband rolls out, they expect this to change significantly.
The economic development plan under Governor Scott is $93 million over three years. Agriculture will be eligible for these funds. In addition, H.315 which became law last week will provide additional grants for those that have not received them. If the grant funding is not depleted, it will be opened up to all businesses.
In terms of the financial health of the state; the General Fund, Transportation Fund, and Education Fund receipts were a combined $60.81 million, or 39% above monthly expectations. The Transportation Fund was $4.04 million, or 17.6%, above expectations for the month, for a total of $27.03 million.
While the revenue collections look favorable, the estimated tax collection have been significantly reduced from the pre-pandemic revenues. Vermont ski areas which typically account for favorable revenue collections during a good ski season are reporting $100 million below average.
The General Assembly has chosen to take a longer view at resolving the Vermont Pension system. The budget bill will include more one-time funds to try to compress the inflation of a fund which has been known to be underfunded. This session the legislature has decided to create the Pension Oversight Board to provide independent and nonpartisan oversight and accountability for the Vermont State Employees’ Retirement System, the Vermont State Teachers’ Retirement System, and the Vermont Municipal Employees’ Retirement System. This is delaying action and increasing the unfunded balance.
With the pension issue being thrown on the back burner for now and the session winding down, utilizing the ARPA funding and resolving the three budget bills are the main items standing in the way of adjournment. The House and the Senate have agreed on a tentative adjournment date as well as the timing of a possible veto session. The legislature has pushed adjournment out to May 22nd. The Senate would be willing to go into early June, but the House pushed back on that idea. Will lawmakers adjourn the virtual Statehouse before June? As the governor often states when being riddled with questions about things he couldn’t possibly have an answer for at the time… stay tuned.
H.434 - An act relating to establishing the Agricultural Innovation Board (passed Senate Agriculture Committee, 5-0)
Prior to voting H.434 out, the Senate committee revised the composition of the Innovation Board after much discussion. The Agricultural Innovation Board shall consist of 13 members:
The Board will be charged with:
S.102 An act relating to the regulation of agricultural inputs for farming
The House Ways & Means Committee reviewed the bill that will allow the importation of a limited amount of food residuals or food processing residuals onto a farm for the production of compost, provided that:
The bill requires a manufacturer or distributor of a commercial feed, feed supplement, or dosage form animal health product to register with the state. The registration of a dosage form animal health product shall be accompanied by a registration fee of $50.00/product, the House Ways & Means committee reduced the fee to $35/product as the estimated number of products is now estimated to be higher. The application for registration of a commercial feed or feed supplement shall be accompanied by a registration fee of $105.00/product.
In addition, labeling and reporting requirements are also outlined in the bill as well as defining “Brand” used in connection with one or more grades or formulas of fertilizer, plant amendment, plant biostimulant, soil amendment, or lime.
H.89 An act relating to limiting liability for agritourism (passed Senate Judiciary)
This bill makes providers of agritourism activities immune from civil liability if a participant is injured as a result of risks inherent in the activity and the provider has posted a warning about those risks.
The bill addresses issues by economic opportunity for businesses that provide agritourism activities. It relieves host from the liability for injury to or death of a participant in the agritourism activity resulting from the inherent risks of the activity.
H.421 - An act relating to animal cruelty investigation response and training (passed Senate Agriculture, 5-0)
This bill proposes to amend the list of individuals authorized to investigate cases of animal cruelty; require humane officers to receive trainings approved by the Animal Cruelty Investigation Advisory Board; require the Board to maintain an index of humane officers who have received the trainings; and allow the Board to create refresher training requirements for humane officers.
To clarify the bill and amendment was added in the Shelter of Animals to ensure that H.421 would “not apply to livestock and poultry husbandry practices for raising, management, and use of animals.”
Working Lands Enterprise Board
Both Agriculture committees heard from the Working Lands Enterprise Board, which was formed in 2013 and aids the agriculture division in a variety of ways. Part of the Board is an extensive community of banks, loans funds, and other financial aid organizations who laid out how they are being innovative with financial aid to farmers in Vermont. These diverse options that farms have based on size or diversification for aid, help farmers survive and continue to feed Vermonters through an exceedingly difficult time. The roundtable discussed how the COVID-19 pandemic changed the game financially, most shared that the struggle for farms of all sizes to access the aid available. Between state and federal resources during the pandemic, some farmers did not know how to access the help that could keep their farm running in the difficult year of 2020.
H.108 An act relating to Vermont standards for issuing a Clean Water Act section 401 certification
This bill proposes to amend the Vermont Water Quality Standards (VWQS) to clarify that the standards apply to wetlands and discharges to wetlands. It also makes amendments to what the Clean Water Act section 401 certification shall include.
The federal Clean Water Act (CWA) section 401 requires an applicant for a federal permit for a proposed activity that may result in a discharge to waters to obtain a certification from the Agency of Natural Resources (ANR) that the proposed activity will comply with the State’s water quality laws, including VWQS. Matthew Chapman, General Counsel for the Agency of Natural Resources, testified that the provisions in H.108 do not include agriculture which falls under a different category of regulation.
The Senate Natural Resources and Energy Committee voted favorably to advance the bill with technical amendments. The Senate will likely vote on H.108 next week.
Vermont Forward Plan; Roadmap to Reopening
The Associated General Contractors of Vermont presented a plan by the Scott Administration to move Vermont businesses forward during the economic recovery period and is intended to replace all previous COVID Safety plans.
The Vermont Forward Plan creates a clear pathway for global safety practices, outlines workplace protocol for vaccinated and unvaccinated employees, and emphasizes that employers cannot treat these two groups differently. To date, employers cannot require an employee to receive the COVID-19 vaccine, but they can ask and can give incentives to encourage employees to get the shots.
During this time, masks are still required in the workplace as are the cleaning protocols, but daily temperature taking stations are not.
One question many employers had was, could they ask an employee for proof of vaccination? According to the AGC/VT Vermont Forward Plan, an employer can ask to see proof, but they cannot keep a physical record of the vaccination card nor can they treat a vaccinated employee differently from a nonvaccinated employee.
The Vermont Forward Plan, which has been reviewed by VOSHA, VT Department of Labor and VT Department of Health, will be available to Vermont businesses early next week.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
With economic development as a major sector in Vermont, Secretary Lindsay Kurrle, testified before the Senate Agricultural committee to try to access how the grant funding is anticipated going forward. The collaboration is expected to continue with the Agency of Agriculture Food & Markets. The Governor proposed $143 million to economic development opportunities to improve farm housing, meat processing, and wastewater infrastructure. Secretary Kurrle explained that the agriculture sector of Vermont could benefit largely from this bucket of funding. ARPA will connect dairy and agriculture to “the outside world”. One additional issue noted during the pandemic was lack of broadband connectivity to build and sell through e-commerce markets. As broadband rolls out, they expect this to change significantly.
The economic development plan under Governor Scott is $93 million over three years. Agriculture will be eligible for these funds. In addition, H.315 which became law last week will provide additional grants for those that have not received them. If the grant funding is not depleted, it will be opened up to all businesses.
In terms of the financial health of the state; the General Fund, Transportation Fund, and Education Fund receipts were a combined $60.81 million, or 39% above monthly expectations. The Transportation Fund was $4.04 million, or 17.6%, above expectations for the month, for a total of $27.03 million.
While the revenue collections look favorable, the estimated tax collection have been significantly reduced from the pre-pandemic revenues. Vermont ski areas which typically account for favorable revenue collections during a good ski season are reporting $100 million below average.
The General Assembly has chosen to take a longer view at resolving the Vermont Pension system. The budget bill will include more one-time funds to try to compress the inflation of a fund which has been known to be underfunded. This session the legislature has decided to create the Pension Oversight Board to provide independent and nonpartisan oversight and accountability for the Vermont State Employees’ Retirement System, the Vermont State Teachers’ Retirement System, and the Vermont Municipal Employees’ Retirement System. This is delaying action and increasing the unfunded balance.
With the pension issue being thrown on the back burner for now and the session winding down, utilizing the ARPA funding and resolving the three budget bills are the main items standing in the way of adjournment. The House and the Senate have agreed on a tentative adjournment date as well as the timing of a possible veto session. The legislature has pushed adjournment out to May 22nd. The Senate would be willing to go into early June, but the House pushed back on that idea. Will lawmakers adjourn the virtual Statehouse before June? As the governor often states when being riddled with questions about things he couldn’t possibly have an answer for at the time… stay tuned.
H.434 - An act relating to establishing the Agricultural Innovation Board (passed Senate Agriculture Committee, 5-0)
Prior to voting H.434 out, the Senate committee revised the composition of the Innovation Board after much discussion. The Agricultural Innovation Board shall consist of 13 members:
- Secretary of Agriculture, Food and Markets or designee
- an active farmer who is a member of an organization representing the organic farming community
- a member from the University of Vermont Center for Sustainable Agriculture
- the Director of the Agency of Agriculture, Food and Markets, Agrichemical Program or designee
- the Director of the Agency of Agriculture, Food and Markets, Water Quality Program or designee
- the Commissioner of Health or a designee with expertise in the effects of pesticides on human health
- the Secretary of Natural Resources or designee
- a certified crop consultant
- an active farmer who is a member of an organization representing the conventional dairy industry in Vermont
- an active farmer who is a member of an organization representing fruit or vegetable farmers in Vermont
- an active farmer who is a member of an organization representing grass-based, non-dairy livestock farming in Vermont
- a soil biologist
- a member of an environmental organization that advocates for policy regarding the management or reduction of toxic substances in the State
The Board will be charged with:
- Review historic recommendations for pesticide reduction in the State and coordinate with existing work groups to avoid submitting to the General Assembly conflicting policy recommendations on the regulation of pesticides and farming
- Recommend practices that reduce the use of and exposure to pesticides and synthetic fertilizers in order to protect soil biology, human health, and environmental health.
- Advise the Executive Branch and the General Assembly with respect to legislation concerning the use of agricultural pest control measures and integrated pest management
- Recommend to the Secretary of Agriculture, Food and Markets policies, proposed rules, or legislation for the regulation of the use of treated articles when the Board determines that use of a treated article will have a hazardous or long-term deleterious effect on the environment in Vermont, presents a likely risk to human health, or is dangerous
- Recommend practices to reduce the use and generation of waste associated with plastic in farming
- Incentivize farming practices that are looking to reduce the use and 12 dependence on pesticides in their practices
- Advise the Agency with regard to the regulation of plant biostimulants
- Recommend studies necessary for the performance of its functions as established under this section
- Explore methods and standards for transitioning farmers to practices that reduce pesticide usage
- Explore methods and standards for farmers to engage in carbon sequestration or mitigation
- Review the seed traits of a new genetically engineered seed proposed for sale, distribution, or use in the State
- Study and issue recommendations regarding the feasibility of the use of biodegradable plastics in agriculture and the promotion of the use of and production of biodegradable plastics and similar products in Vermont
S.102 An act relating to the regulation of agricultural inputs for farming
The House Ways & Means Committee reviewed the bill that will allow the importation of a limited amount of food residuals or food processing residuals onto a farm for the production of compost, provided that:
- the compost is principally used on the farm where it is produced
- the compost is produced on a small farm that raises or manages poultry
The bill requires a manufacturer or distributor of a commercial feed, feed supplement, or dosage form animal health product to register with the state. The registration of a dosage form animal health product shall be accompanied by a registration fee of $50.00/product, the House Ways & Means committee reduced the fee to $35/product as the estimated number of products is now estimated to be higher. The application for registration of a commercial feed or feed supplement shall be accompanied by a registration fee of $105.00/product.
In addition, labeling and reporting requirements are also outlined in the bill as well as defining “Brand” used in connection with one or more grades or formulas of fertilizer, plant amendment, plant biostimulant, soil amendment, or lime.
H.89 An act relating to limiting liability for agritourism (passed Senate Judiciary)
This bill makes providers of agritourism activities immune from civil liability if a participant is injured as a result of risks inherent in the activity and the provider has posted a warning about those risks.
The bill addresses issues by economic opportunity for businesses that provide agritourism activities. It relieves host from the liability for injury to or death of a participant in the agritourism activity resulting from the inherent risks of the activity.
- It will lessen the potential liability of farmers hosting agritourism activities
- It may reduce the price of liability insurance for agritourism activities; and
- It still provides a person who is injured by an agritourism activity a remedy when the injury is caused by something other than the ordinary risks of harm from the activity.
H.421 - An act relating to animal cruelty investigation response and training (passed Senate Agriculture, 5-0)
This bill proposes to amend the list of individuals authorized to investigate cases of animal cruelty; require humane officers to receive trainings approved by the Animal Cruelty Investigation Advisory Board; require the Board to maintain an index of humane officers who have received the trainings; and allow the Board to create refresher training requirements for humane officers.
To clarify the bill and amendment was added in the Shelter of Animals to ensure that H.421 would “not apply to livestock and poultry husbandry practices for raising, management, and use of animals.”
Working Lands Enterprise Board
Both Agriculture committees heard from the Working Lands Enterprise Board, which was formed in 2013 and aids the agriculture division in a variety of ways. Part of the Board is an extensive community of banks, loans funds, and other financial aid organizations who laid out how they are being innovative with financial aid to farmers in Vermont. These diverse options that farms have based on size or diversification for aid, help farmers survive and continue to feed Vermonters through an exceedingly difficult time. The roundtable discussed how the COVID-19 pandemic changed the game financially, most shared that the struggle for farms of all sizes to access the aid available. Between state and federal resources during the pandemic, some farmers did not know how to access the help that could keep their farm running in the difficult year of 2020.
H.108 An act relating to Vermont standards for issuing a Clean Water Act section 401 certification
This bill proposes to amend the Vermont Water Quality Standards (VWQS) to clarify that the standards apply to wetlands and discharges to wetlands. It also makes amendments to what the Clean Water Act section 401 certification shall include.
The federal Clean Water Act (CWA) section 401 requires an applicant for a federal permit for a proposed activity that may result in a discharge to waters to obtain a certification from the Agency of Natural Resources (ANR) that the proposed activity will comply with the State’s water quality laws, including VWQS. Matthew Chapman, General Counsel for the Agency of Natural Resources, testified that the provisions in H.108 do not include agriculture which falls under a different category of regulation.
The Senate Natural Resources and Energy Committee voted favorably to advance the bill with technical amendments. The Senate will likely vote on H.108 next week.
Vermont Forward Plan; Roadmap to Reopening
The Associated General Contractors of Vermont presented a plan by the Scott Administration to move Vermont businesses forward during the economic recovery period and is intended to replace all previous COVID Safety plans.
The Vermont Forward Plan creates a clear pathway for global safety practices, outlines workplace protocol for vaccinated and unvaccinated employees, and emphasizes that employers cannot treat these two groups differently. To date, employers cannot require an employee to receive the COVID-19 vaccine, but they can ask and can give incentives to encourage employees to get the shots.
During this time, masks are still required in the workplace as are the cleaning protocols, but daily temperature taking stations are not.
One question many employers had was, could they ask an employee for proof of vaccination? According to the AGC/VT Vermont Forward Plan, an employer can ask to see proof, but they cannot keep a physical record of the vaccination card nor can they treat a vaccinated employee differently from a nonvaccinated employee.
The Vermont Forward Plan, which has been reviewed by VOSHA, VT Department of Labor and VT Department of Health, will be available to Vermont businesses early next week.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
Week 14 of the 2021 Vermont Legislative Session – April 16, 2021
It became apparent this week that the General Assembly’s view of the pandemic is different from reality. Businesses and organizations are now trying to figure out how and if they can reopen for the spring and summer. The financial constraints have been tremendous and both businesses as well as families need to determine if they even have a shot of surviving the pandemic. A few controversial examples are expanding the bottle bill redemption system which would remove commodities like aluminum cans and plastic bottles from the recycling system and increasing the cost of products and recycling to Vermonters.
The second example was putatively taxing businesses that were encouraged to apply for the Payroll Protection Program which is fully forgiven and not taxable by the federal government. The Legislature decided that as we crawl out of the pandemic businesses would now have the sales and revenue to pay the Vermont income tax for loans provided in 2021. The economic impact on those that used the funds, as envisioned, was to pay employees instead of going on unemployment. Mixed signals at a time when all of Vermont is very fragile. The Chair of Senate Finance explained that “the loans given in 2020 are forgiven and not taxable. The ‘income’ occurred in 2020, not in 2021. If the business did not get it forgiven at all - regardless of when - then it isn’t income, it’s a loan and it doesn’t come in to play for this bill at all”. The Chair reiterated that the Committee wanted to be in-line (also known as linking up) with the Feds, including allowing the expense deductions for payments made using PPP funds.”
The adjournment date has begun slipping longer than first anticipated, pushing into the second weekend of May, and there are rumors it could slip beyond that. This, in some sense, gives Legislative Committees another full week to pass more bills that could be concerning and not helpful to the economy. The Legislature has pegged June 23rd & 24th for a “Veto Session” if needed. The Speaker of the House has indicated that bills passed late in the session will not make it through both chambers and bills like H.175 would likely not make it to the Governor’s desk. This could be viewed as a political move that would likely force a “veto session” in election year 2022 and make Governor Scott appear as unconcerned about the environment.
Federal Agricultural Issues Highlighted
The Vermont Congressional delegation met with the House Agriculture Committee to give an update about how agriculture in Vermont is fairing in Washington D.C. Congressman Welch, Senator Leahy & Senator Sanders are working to ensure smaller farms who have diversified, as well as larger farms, do not fall through the cracks of the federal government. The group informed the committee that the Dairy Pride Act will be reintroduced this week in D.C., where all members of the delegation will be taking a large role in ensuring the bill is brought to the finish line this year. They also mentioned that there is special care being taken to look at the food supply system to be strengthened with ARPA funds. The COVID-19 pandemic really highlighted the food supply chain gaps, and they want to ensure food is being delivered to those who most need it, regardless of the disaster.
H.434 - An act relating to establishing the Agricultural Innovation Board
The Vermont Dairy Producers Alliance testified before the Senate this week on H.434. The Alliance offered the following comments as well as clearly allocating a Board seat to a conventional dairy farmer.
The Committee reworked the composition of the Board but supported the larger board and will finalize those seats next week.
Grazing and Pasture Management
Heather Darby from UVM extension, spent time with the House Agriculture & Forestry Committee to educate them on Vermont transitioning conventional dairy to grazing farms. Darby explained the different ways in which a cow can feed, including organic, grass and grazing cows, which all have different requirements. Feeding cows more forage is proven to lead to less stress for the cows. And further pointed out that farms need the education on the benefits of grazing, including saving money on feed. It was acknowledged that not all farms have the land mass to accommodate this. There is a lack of technical assistance within the state to help farms move to grazing. The UVM Extension will continue to do more research and will have more information next year.
S.83 An act relating to the Dairy Industry Stabilization Program (consideration postponed to 2022)
This bill proposes to add a $0.05 tax on every retail package of dairy products sold by a distributor to a retailer. The bill would also establish the Dairy Industry Stabilization Program to provide financial assistance to dairy farmers in the State. The financial assistance would be provided in the form of a premium over the federal order price that the State shall pay each registered Vermont dairy farmer per hundredweight of milk sold in the State. When the product is delivered by the wholesaler to the retail outlet, the money is added to the invoice. It does not attempt to change the federal milk order but instead is in addition to.
H.172 An act relating to trapping and hunting (no action)
S.102 An act relating to the regulation of agricultural inputs for farming
A bill introduced by Senator Chris Pearson made its way through the Legislative process. The House Agriculture committee passed the bill out after much testimony and discussion around the registration requirements for animal health products. The premise of the bill was to address a 3-year effort to tackle compost foraging and food residuals.
The bill will:
here.
American Rescue Plan Act (ARPA)
The General Assembly is trying to better understand all the “funding” available through the recent ARPA funds. For environmental concerns in Vermont, the Department of Environmental Conservation (DEC) provided a report which details priorities and potential funding strategies for the following programs:
The goal of the proposal is to make transformative investments to protect public health and the environment with the immense one-time funds Vermont will receive from the American Rescue Plan Act (ARPA).
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
It became apparent this week that the General Assembly’s view of the pandemic is different from reality. Businesses and organizations are now trying to figure out how and if they can reopen for the spring and summer. The financial constraints have been tremendous and both businesses as well as families need to determine if they even have a shot of surviving the pandemic. A few controversial examples are expanding the bottle bill redemption system which would remove commodities like aluminum cans and plastic bottles from the recycling system and increasing the cost of products and recycling to Vermonters.
The second example was putatively taxing businesses that were encouraged to apply for the Payroll Protection Program which is fully forgiven and not taxable by the federal government. The Legislature decided that as we crawl out of the pandemic businesses would now have the sales and revenue to pay the Vermont income tax for loans provided in 2021. The economic impact on those that used the funds, as envisioned, was to pay employees instead of going on unemployment. Mixed signals at a time when all of Vermont is very fragile. The Chair of Senate Finance explained that “the loans given in 2020 are forgiven and not taxable. The ‘income’ occurred in 2020, not in 2021. If the business did not get it forgiven at all - regardless of when - then it isn’t income, it’s a loan and it doesn’t come in to play for this bill at all”. The Chair reiterated that the Committee wanted to be in-line (also known as linking up) with the Feds, including allowing the expense deductions for payments made using PPP funds.”
The adjournment date has begun slipping longer than first anticipated, pushing into the second weekend of May, and there are rumors it could slip beyond that. This, in some sense, gives Legislative Committees another full week to pass more bills that could be concerning and not helpful to the economy. The Legislature has pegged June 23rd & 24th for a “Veto Session” if needed. The Speaker of the House has indicated that bills passed late in the session will not make it through both chambers and bills like H.175 would likely not make it to the Governor’s desk. This could be viewed as a political move that would likely force a “veto session” in election year 2022 and make Governor Scott appear as unconcerned about the environment.
Federal Agricultural Issues Highlighted
The Vermont Congressional delegation met with the House Agriculture Committee to give an update about how agriculture in Vermont is fairing in Washington D.C. Congressman Welch, Senator Leahy & Senator Sanders are working to ensure smaller farms who have diversified, as well as larger farms, do not fall through the cracks of the federal government. The group informed the committee that the Dairy Pride Act will be reintroduced this week in D.C., where all members of the delegation will be taking a large role in ensuring the bill is brought to the finish line this year. They also mentioned that there is special care being taken to look at the food supply system to be strengthened with ARPA funds. The COVID-19 pandemic really highlighted the food supply chain gaps, and they want to ensure food is being delivered to those who most need it, regardless of the disaster.
H.434 - An act relating to establishing the Agricultural Innovation Board
The Vermont Dairy Producers Alliance testified before the Senate this week on H.434. The Alliance offered the following comments as well as clearly allocating a Board seat to a conventional dairy farmer.
The Committee reworked the composition of the Board but supported the larger board and will finalize those seats next week.
Grazing and Pasture Management
Heather Darby from UVM extension, spent time with the House Agriculture & Forestry Committee to educate them on Vermont transitioning conventional dairy to grazing farms. Darby explained the different ways in which a cow can feed, including organic, grass and grazing cows, which all have different requirements. Feeding cows more forage is proven to lead to less stress for the cows. And further pointed out that farms need the education on the benefits of grazing, including saving money on feed. It was acknowledged that not all farms have the land mass to accommodate this. There is a lack of technical assistance within the state to help farms move to grazing. The UVM Extension will continue to do more research and will have more information next year.
S.83 An act relating to the Dairy Industry Stabilization Program (consideration postponed to 2022)
This bill proposes to add a $0.05 tax on every retail package of dairy products sold by a distributor to a retailer. The bill would also establish the Dairy Industry Stabilization Program to provide financial assistance to dairy farmers in the State. The financial assistance would be provided in the form of a premium over the federal order price that the State shall pay each registered Vermont dairy farmer per hundredweight of milk sold in the State. When the product is delivered by the wholesaler to the retail outlet, the money is added to the invoice. It does not attempt to change the federal milk order but instead is in addition to.
H.172 An act relating to trapping and hunting (no action)
A bill introduced by Senator Chris Pearson made its way through the Legislative process. The House Agriculture committee passed the bill out after much testimony and discussion around the registration requirements for animal health products. The premise of the bill was to address a 3-year effort to tackle compost foraging and food residuals.
The bill will:
- require the Agency of Agriculture, Food and Markets (AAFM) to regulate compost foraging as farming;
- amend the definition of “farming” under Act 250 and the Required Agricultural Practices to include compost foraging;
- require the manufacturer or distributor of animal health products, feed supplements, biostimulants, soil amendments, and plant amendments sold or distributed in the State to register the products with AAFM
American Rescue Plan Act (ARPA)
The General Assembly is trying to better understand all the “funding” available through the recent ARPA funds. For environmental concerns in Vermont, the Department of Environmental Conservation (DEC) provided a report which details priorities and potential funding strategies for the following programs:
- Clean water – Clean Water Fund, Clean Water State Revolving Fund (loans)
- Safe drinking water – Drinking Water State Revolving Fund (loans)
- Climate change/Clean Air – State EV incentives, low-income weatherization program, Clean Energy Development Fund, and more
- Brownfield/contaminated site cleanup – Environmental Contingency Fund, EPA
- Universal recycling – Solid Waste Management Assistance Fund
The goal of the proposal is to make transformative investments to protect public health and the environment with the immense one-time funds Vermont will receive from the American Rescue Plan Act (ARPA).
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
Week 13 of the 2021 Vermont Legislative Session – April 9, 2021
The General Assembly is caught between having a flood of new funds flow into Vermont from the American Rescue Plan Act (ARPA) and not having enough time this session to figure out how to spend it. Again, Vermont received the small state minimum which per capita sets Vermont up very well. The plan also allows for three years to spend the money. However, with issues of healthcare affordability and access to broadband the need is today not 4 or 5 years from now.
Another big topic this session is workforce development as it is a frequent component of any piece of legislation. Being able to utilize the ARPA funds is one thing but trying to line up the workforce to build new housing stock or run new lines of fiber in Vermont is a huge barrier. The workforce development state director is focusing hard to “increase the number and skill level of available workers in Vermont.” For example, Vermont will need an increase in trained weatherization workers to meet the greenhouse gas emission reductions in the Global Warming Solutions Act. Vermont’s Workforce Development Division, a division of the Department of Labor, was created to provide employment services, training assistance, and job counseling to businesses and job seekers with a 21st century approach.
Governor’s Proposed Spending for ARPA funds:
Governor Phil Scott’s spending plan for anticipated funds from American Rescue Plan Act (ARPA) will allocate over $1 Billion rescue dollars as follows:
The Administration’s proposal is trying to be respectful of the work being done by the Vermont Climate Council and are holding $100M for additional needs once the Climate Action Plan is finalized.
The Vermont Climate Council, created by the Global Warming Solutions Act, is a 23-member council tasked with creating a first phase of the Climate Action Plan by December 1, 2021. The council divided into 5 subcommittees to complete necessary research, drafting and engage public input prior to the plan due date. The five subcommittees are:
Act 250 Update
Revisions to Act 250 failed to pass during the 2020 session after a 3-year process attempting to update the 50-year-old law. Three Act 250 bills are being considered by the House Natural Resources, Fish and Wildlife Committee this session. These bills did not make the crossover deadline this year. However, components could be included in bills already on the move.
H.278 An act relating to Act 250 municipal master plan permits
This bill proposes to allow a municipality to apply for an Act 250 master plan permit for its downtown village center, and neighborhood development areas.
H.400 An act relating to changes to the Natural Resources Board and Act 250
This bill proposes to make revisions to the State land use law known as Act 250, including but not limited to:
H.120 An act relating to updates to Act 250
This bill proposes to make multiple changes to the State land use laws, including Act 250, to incorporate strategies to address and mitigate climate change.
Some of the proposals in the bill:
H.434 - An act relating to establishing the Agricultural Innovation Board (House bill under review in Senate)
The Vermont Dairy Producers Alliance testified before the Senate this week on H.434. The Alliance offered the following comments as well as clearly allocating a Board seat to a conventional dairy farmer.
Support:
H.172 An act relating to trapping and hunting
This bill proposes to prohibit trapping of animals unless conducted by a licensed nuisance wildlife control operator. It establishes a nuisance wildlife trapping license. It also prohibits the use of dogs in hunting black bears. House Natural Resources heard testimony on this bill and other relevant bills under the same scope from several stakeholders.
There was no discussion on the next steps with the bill.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
The General Assembly is caught between having a flood of new funds flow into Vermont from the American Rescue Plan Act (ARPA) and not having enough time this session to figure out how to spend it. Again, Vermont received the small state minimum which per capita sets Vermont up very well. The plan also allows for three years to spend the money. However, with issues of healthcare affordability and access to broadband the need is today not 4 or 5 years from now.
Another big topic this session is workforce development as it is a frequent component of any piece of legislation. Being able to utilize the ARPA funds is one thing but trying to line up the workforce to build new housing stock or run new lines of fiber in Vermont is a huge barrier. The workforce development state director is focusing hard to “increase the number and skill level of available workers in Vermont.” For example, Vermont will need an increase in trained weatherization workers to meet the greenhouse gas emission reductions in the Global Warming Solutions Act. Vermont’s Workforce Development Division, a division of the Department of Labor, was created to provide employment services, training assistance, and job counseling to businesses and job seekers with a 21st century approach.
Governor’s Proposed Spending for ARPA funds:
Governor Phil Scott’s spending plan for anticipated funds from American Rescue Plan Act (ARPA) will allocate over $1 Billion rescue dollars as follows:
- Economic Development - $143M
- Climate Change - $200M
- Water/Sewer Infrastructure - $170M
- Housing - $249M
- Connectivity - $250.5M
- Administration - $17M
The Administration’s proposal is trying to be respectful of the work being done by the Vermont Climate Council and are holding $100M for additional needs once the Climate Action Plan is finalized.
The Vermont Climate Council, created by the Global Warming Solutions Act, is a 23-member council tasked with creating a first phase of the Climate Action Plan by December 1, 2021. The council divided into 5 subcommittees to complete necessary research, drafting and engage public input prior to the plan due date. The five subcommittees are:
- Agriculture and ecosystems
- Rural resilience and adaptation
- Cross-sector mitigation
- Just transitions
- Science and date
Act 250 Update
Revisions to Act 250 failed to pass during the 2020 session after a 3-year process attempting to update the 50-year-old law. Three Act 250 bills are being considered by the House Natural Resources, Fish and Wildlife Committee this session. These bills did not make the crossover deadline this year. However, components could be included in bills already on the move.
H.278 An act relating to Act 250 municipal master plan permits
This bill proposes to allow a municipality to apply for an Act 250 master plan permit for its downtown village center, and neighborhood development areas.
H.400 An act relating to changes to the Natural Resources Board and Act 250
This bill proposes to make revisions to the State land use law known as Act 250, including but not limited to:
- Changing to the Natural Resources Board (NRB) to a professional board
- Changing the path of permit appeals by removing jurisdiction of the Environmental Division of the Superior Court; appeals would go straight to the Supreme Court
- Adding a preapplication scoping process for large projects, creating an enhanced designation process for village centers, and exempting development and subdivisions located within designated downtowns, enhanced village centers, and neighborhood development areas
- Allowing the NRB to release projects from Act 250 jurisdiction if the property would no longer trigger Act 250
- Excluding previously disturbed areas from the definition of development if they are transportation facilities
- Update certain criteria and add new criteria for climate adaptation
- Create new permit to address impacts on fish and wildlife habitat
- Exempting from the definition of development accessory on-farm businesses constructed on less than 1 acre.
H.120 An act relating to updates to Act 250
This bill proposes to make multiple changes to the State land use laws, including Act 250, to incorporate strategies to address and mitigate climate change.
Some of the proposals in the bill:
- Amending duties of the Natural Resources Board
- Amending conditions and criteria, adds Climate Change Mitigation, Environmental Justice, and Mitigation of Forest Blocks & Connecting Habitat
- Requires the Agency of Natural Resources to complete and maintain resource mapping
- Racial Equity Review of Act 250 processes, procedures, and language
- Permit fee review
H.434 - An act relating to establishing the Agricultural Innovation Board (House bill under review in Senate)
The Vermont Dairy Producers Alliance testified before the Senate this week on H.434. The Alliance offered the following comments as well as clearly allocating a Board seat to a conventional dairy farmer.
Support:
- the new Board envisioned in the House passed bill of H.434. The Bill allows for a broader perspective with more technical assistance across the industry
- policy development based on practical and realistic applications and the pros and cons of pesticide use and use of alternative methods
- a Board that looks to develop well thought out policy and engages the many industries that count on the use of new technology and new pesticides that have been developed and researched
- Pesticides have a practical use which leads to better water quality. As dairy producers, we can offer valid input on how and why they are being applied.
- Need to take a more expansive approach as agriculture practices and other sectors have dramatically changed over the last decade and take advantage of the new technologies and practices
H.172 An act relating to trapping and hunting
This bill proposes to prohibit trapping of animals unless conducted by a licensed nuisance wildlife control operator. It establishes a nuisance wildlife trapping license. It also prohibits the use of dogs in hunting black bears. House Natural Resources heard testimony on this bill and other relevant bills under the same scope from several stakeholders.
There was no discussion on the next steps with the bill.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
Week 12 of the 2021 Vermont Legislative Session – April 2, 2021
With billions of dollars coming to help Vermont climb out of the pandemic and economic disaster, Legislators devoted time to non-essential bills. The House has taken one step closer to expanding the bottle bill. The expansion would increase costs to the recycling system by 11% and increases costs at retailers while potentially limiting the selection of products to purchase. With clear data on the antiquated bottle bill, the Democratic leadership in the House is making a political move. The end game on this Legislation is unknown but the debate on the floor is expected to be one of the most difficult this session.
During the weekly Party Caucus meetings, members heard Matthew Cunningham-Cook, a Brattleboro writer and researcher with expertise in health care, retirement policy, and capital markets, give his opinion on Vermont’s pension crisis. He first states that he pushes back on the idea that the current pension under-funding is a crisis. Cunningham-Cook tossed around lots of big finance words while he spoke and had nothing but criticism for Treasurer Pearce and the Vermont Pension Investment Committee. Cunningham-Cook’s March 24, 2021 op-ed on the topic can be found on VT Digger. He will have a second op-ed piece in an upcoming edition of VT Digger.
The drain on the pension system for state workers and teachers remained a hot topic. One thing everyone agrees on, is something must be done now. With each passing session the system gets a bit worse. The Legislature perennially uses millions of dollars of one-time funding to try to pay down the debt to the fund. There is no doubt this is a tough topic and workers’ voices are loud, but it might be another year of chasing their tail. The House Speaker has backed away from making changes to the pension fund this session. Her plan is that lawmakers would establish a task force to study the problem over the summer. The delay will grow the underfunded pension plan by another $600 million.
H.315 An act relating to COVID-19 relief
An infusion of cash to Vermont is anticipated from the American Rescue Plan Act (ARPA) and most committees in both chambers have started spending the not-yet-received funds. However, some legislators feel that there is a risk associated with distributing funds that have not arrived in Vermont and are certain to come with spending guidelines. The Feds are allowing for a longer timeline to spend ARPA funds, compared to previous stimulus packages, which means there is no rush to spend this session. This is economic stimulus bill relying on these federal funds was passed by both the House and Senate but with different funding amounts. Both bodies suggest substituting general fund dollars with ARPA funds when the money arrives. The House version allocates $41.9M, the Senate upped the ante and approved $62.6M and sent it back to the House for approval.
There is an urgency to pass the bill in order to distribute aid to Vermonters as soon as possible. However, that does not seem likely as the difference between the spending is so large. It is more likely this large spending bill will go to a Committee of Conference where end of session deals are made.
H.434 - An act relating to establishing the Agricultural Innovation Board (House bill under review in Senate)
This bill establishes the Agricultural Innovation Board to replace the Pesticide Advisory Council. The Agricultural Innovation Board would include 15 members and would make recommendations to the Governor and the General Assembly for prioritizing and coordinating the implementation of the recommendations of the Soil Health and Payment for Ecosystem Services Working Group, the Vermont Climate Council, and others they deem important. The Agricultural Innovation Board would also recommend practices that reduce the use of and exposure to pesticides and synthetic fertilizers to protect soil biology, human health, and environmental health.
The Agency of Natural Resources Secretary, Julie Moore, requested the Senate Committee change the composition of the committee and their charge. Under the ANR proposal the Board would be made up of:
The Board would advise the (AAFM) Secretary on policy re: pesticides, budget, and challenges, with the Secretary required to report to the legislature.
In addition, two advisory panels in the statute (with the authority for the Board to create additional advisory panels as needed to carry out its duties):
These two panels would be composed of:
On Friday, the Senate Ag Committee reviewed H.434 as well as the request from the ANR Secretary. Interested parties are encouraged to testify.
H.108 An act relating to Vermont standards for issuing a Clean Water Act section 401 certification
The bill passed the House in mid-March and is now being considered by the Senate Natural Resources and Energy Committee. The bill proposes to amend the Vermont Water Quality Standards (VWQS) to clarify that the standards apply to wetlands and discharges to wetlands. Throughout discussions of the changes proposed, a common theme has surfaced: protecting Vermont wetlands from future large projects, such as natural gas pipelines.
Per testimony by legislative counsel and Matt Chapin, General Counsel for the Agency of Natural Resources, H.108 will not have an effect on farms because existing exemptions under Section 401 for farms are not changing. The Committee will continue testimony next week.
Funding for Clean Water Projects Including Waste and Stormwater Infrastructure
Senate Natural Resource & Energy prioritized a list of water quality projects in anticipation of Vermont receiving federal funds from the American Rescue Plan Act of 2021 (ARPA). Federal officials have not released guidelines on how ARPA funds can be used, but early indications would allow use for water, sewer, and broadband projects. It is likely the Clean Water Fund will receive $100M of ARPA funds over the next five years in lieu of the estimated $60M in sales tax revenues the fund would normally receive during the same time. The FY21-22 Capital Bill, currently in the Senate, includes funding for water and sewer projects and proposals to substitute $10-$15M in general fund dollars for ARPA funds if available.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
With billions of dollars coming to help Vermont climb out of the pandemic and economic disaster, Legislators devoted time to non-essential bills. The House has taken one step closer to expanding the bottle bill. The expansion would increase costs to the recycling system by 11% and increases costs at retailers while potentially limiting the selection of products to purchase. With clear data on the antiquated bottle bill, the Democratic leadership in the House is making a political move. The end game on this Legislation is unknown but the debate on the floor is expected to be one of the most difficult this session.
During the weekly Party Caucus meetings, members heard Matthew Cunningham-Cook, a Brattleboro writer and researcher with expertise in health care, retirement policy, and capital markets, give his opinion on Vermont’s pension crisis. He first states that he pushes back on the idea that the current pension under-funding is a crisis. Cunningham-Cook tossed around lots of big finance words while he spoke and had nothing but criticism for Treasurer Pearce and the Vermont Pension Investment Committee. Cunningham-Cook’s March 24, 2021 op-ed on the topic can be found on VT Digger. He will have a second op-ed piece in an upcoming edition of VT Digger.
The drain on the pension system for state workers and teachers remained a hot topic. One thing everyone agrees on, is something must be done now. With each passing session the system gets a bit worse. The Legislature perennially uses millions of dollars of one-time funding to try to pay down the debt to the fund. There is no doubt this is a tough topic and workers’ voices are loud, but it might be another year of chasing their tail. The House Speaker has backed away from making changes to the pension fund this session. Her plan is that lawmakers would establish a task force to study the problem over the summer. The delay will grow the underfunded pension plan by another $600 million.
H.315 An act relating to COVID-19 relief
An infusion of cash to Vermont is anticipated from the American Rescue Plan Act (ARPA) and most committees in both chambers have started spending the not-yet-received funds. However, some legislators feel that there is a risk associated with distributing funds that have not arrived in Vermont and are certain to come with spending guidelines. The Feds are allowing for a longer timeline to spend ARPA funds, compared to previous stimulus packages, which means there is no rush to spend this session. This is economic stimulus bill relying on these federal funds was passed by both the House and Senate but with different funding amounts. Both bodies suggest substituting general fund dollars with ARPA funds when the money arrives. The House version allocates $41.9M, the Senate upped the ante and approved $62.6M and sent it back to the House for approval.
There is an urgency to pass the bill in order to distribute aid to Vermonters as soon as possible. However, that does not seem likely as the difference between the spending is so large. It is more likely this large spending bill will go to a Committee of Conference where end of session deals are made.
H.434 - An act relating to establishing the Agricultural Innovation Board (House bill under review in Senate)
This bill establishes the Agricultural Innovation Board to replace the Pesticide Advisory Council. The Agricultural Innovation Board would include 15 members and would make recommendations to the Governor and the General Assembly for prioritizing and coordinating the implementation of the recommendations of the Soil Health and Payment for Ecosystem Services Working Group, the Vermont Climate Council, and others they deem important. The Agricultural Innovation Board would also recommend practices that reduce the use of and exposure to pesticides and synthetic fertilizers to protect soil biology, human health, and environmental health.
The Agency of Natural Resources Secretary, Julie Moore, requested the Senate Committee change the composition of the committee and their charge. Under the ANR proposal the Board would be made up of:
- the Secretary of Agriculture, Food and Markets or designee
- the Secretary of Natural Resources or designee
- a member from the University of Vermont Center for Sustainable Agriculture
- a representative from an environmental advocacy organization
- a member of the farming community and
- a member from UVM extension or a certified crop consultant
The Board would advise the (AAFM) Secretary on policy re: pesticides, budget, and challenges, with the Secretary required to report to the legislature.
In addition, two advisory panels in the statute (with the authority for the Board to create additional advisory panels as needed to carry out its duties):
- Pesticide advisory panel
- Clean water and ecosystem services advisory panel
These two panels would be composed of:
- the Secretary of Agriculture, Food and Markets or designees
- the Secretary of Natural Resources or designees
- a member of the public representing the dairy industry in Vermont
- a member of the public representing fruit and vegetable production in Vermont
- a member of the public representing grass-based, non-dairy livestock farming in Vermont
- a member of the public knowledgeable in agricultural water management and
- a representative from an organization involved in land conservation
- the Commissioner of DEC or designee
- the Commissioner of DFW or designee
- the Commissioner of Health or designee
- a member of the farming community who practices organic agriculture
- a member of the public representing the dairy industry in Vermont (or a certified applicator, or someone who represents pesticide users)
- a representative from an environmental advocacy organization
On Friday, the Senate Ag Committee reviewed H.434 as well as the request from the ANR Secretary. Interested parties are encouraged to testify.
H.108 An act relating to Vermont standards for issuing a Clean Water Act section 401 certification
The bill passed the House in mid-March and is now being considered by the Senate Natural Resources and Energy Committee. The bill proposes to amend the Vermont Water Quality Standards (VWQS) to clarify that the standards apply to wetlands and discharges to wetlands. Throughout discussions of the changes proposed, a common theme has surfaced: protecting Vermont wetlands from future large projects, such as natural gas pipelines.
Per testimony by legislative counsel and Matt Chapin, General Counsel for the Agency of Natural Resources, H.108 will not have an effect on farms because existing exemptions under Section 401 for farms are not changing. The Committee will continue testimony next week.
Funding for Clean Water Projects Including Waste and Stormwater Infrastructure
Senate Natural Resource & Energy prioritized a list of water quality projects in anticipation of Vermont receiving federal funds from the American Rescue Plan Act of 2021 (ARPA). Federal officials have not released guidelines on how ARPA funds can be used, but early indications would allow use for water, sewer, and broadband projects. It is likely the Clean Water Fund will receive $100M of ARPA funds over the next five years in lieu of the estimated $60M in sales tax revenues the fund would normally receive during the same time. The FY21-22 Capital Bill, currently in the Senate, includes funding for water and sewer projects and proposals to substitute $10-$15M in general fund dollars for ARPA funds if available.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
Week 11 of the 2021 Vermont Legislative Session – March 26, 2021
The Vermont General Assembly spent hours upon hours in their virtual chambers passing legislation from the last ten weeks of committee work. Much of the time was spent on priorities like access to contractor registration requirements, childcare, facilitating the expansion of quality broadband access and clean water initiatives. With the infusion of cash on the way from the American Rescue Plan Act (ARPA), some bills that had contemplated the use of one time or unplanned revenue have been able to substitute with ARPA funds. There is a risk associated as the funds have not arrived in Vermont and the guidance for use of the funds has not been published.
Legislation, annually dubbed the Big Bill, also substituted general fund dollars with ARPA funding. The Big Bill, which funds the operation of state government, built a spending plan just under $7 billion. This includes:
This takes the pressure off the FY 22-23 budget bill, and with the use of ARPA funds, should make reconciling the differences from the House & Senate proposals less controversial and should mean that the money committees would not look at tax and fee increases. Time will tell…
H.439 An act relating to making appropriations for the support of government (passed House)
The House passed a $7 billion budget bill that spends General Fund dollars and federal Covid-19 relief dollars to make major investments in infrastructure, economic development, and the state’s pandemic response.
The bill deemed non-controversial was passed on a voice vote and will now be reviewed by the Senate.
S.10 An act relating to extending certain unemployment insurance provisions related to COVID-19
This bill proposes to extend certain provisions providing COVID-19 related unemployment insurance experience-rating relief and provisions allowing individuals who quit employment for certain COVID-19 related reasons to be eligible for unemployment insurance benefits.
Prior to hurricane-like weather and power outages in Montpelier, which caused an abrupt end to the floor session, the Senate Economic Development, Housing and Military Affairs committee presented a compromise amendment which offers benefits enhancements of $38M over a 5-year period and a tax reduction in the first year of $66M. Included in the amendment:
The rate relief, base contribution freeze, and the dependent benefit are all contingent on the UI Fund remaining above or projected to remain above $90M throughout 2021.
The Associated General Contractors hosted an Unemployment Insurance Forum on Thursday to discuss with legislators concerns the business community has with the proposals being considered in S.10. Almost 50 people attended the online forum and a lively debate ensued. The central issue discussed was getting people back to work. The construction industry is desperate to hire people for the upcoming season and believes providing more benefits to unemployed Vermonters will encourage workers to stay home. AGC/VT members urged legislators and the Commissioner of Labor to reinstate the work search requirement and asked them not to add more State benefits on top of all the additional federal benefits currently in play. The Senate will return on Tuesday, March 30, to take up S.10 at 9:30am.
America Rescue Plan Acy of 2021 (ARPA) Update
The Legislative Fiscal Office gave the Legislature a brief on what is to come with the America Rescue Plan of 2021, which was signed by President Biden on March 11th. In short, there is a lot of money coming to Vermonters in multiple different possible faucets and plenty of time to spend the money. Statewide, Vermont could likely see over $3 Billion dollars, $1 billion of those dollars coming straight to Vermonters via tax reductions, aid to businesses, and other individual payments like the previous stimulus checks. This money will differ from the Coronavirus Relief Funds (CRF) dollars in a few ways but most importantly, the availability and the timing to spend the money.
Congressional Call Small Blurb
In a meeting with the Vermont Congressional Delegation, they explained that they have a bill on the floor that will extend the Paycheck Protection Program (PPP) through the end of May. The bill is in the final stages, there are no policy changes within the bill, simply a deadline extension.
Also, the U.S. Small Business Administration is increasing the maximum amount small businesses and non-profit organizations can borrow through its COVID-19 Economic Injury Disaster Loan (EIDL) program. Starting the week of April 6, 2021, the SBA is raising the loan limit for the COVID-19 EIDL program from 6-months of economic injury with a maximum loan amount of $150,000 to up to 24-months of economic injury with a maximum loan amount of $500,000. The pandemic has lasted longer than originally projected which is the reasoning for the extension of the program and larger loans. Those who have already received EIDL will hear from SBA via email with additional information.
Vermont Lake Champlain Citizen Action Committee
Senate Committees on Agriculture, Natural Resources & Energy, and Appropriations gathered to hear the 2021 Lake Champlain Action Plan presented by the Vermont Citizens Advisory Committee on Lake Champlain.
The report recommends:
The committees use the report to better allocate funds to Clean Water Act projects.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
The Vermont General Assembly spent hours upon hours in their virtual chambers passing legislation from the last ten weeks of committee work. Much of the time was spent on priorities like access to contractor registration requirements, childcare, facilitating the expansion of quality broadband access and clean water initiatives. With the infusion of cash on the way from the American Rescue Plan Act (ARPA), some bills that had contemplated the use of one time or unplanned revenue have been able to substitute with ARPA funds. There is a risk associated as the funds have not arrived in Vermont and the guidance for use of the funds has not been published.
Legislation, annually dubbed the Big Bill, also substituted general fund dollars with ARPA funding. The Big Bill, which funds the operation of state government, built a spending plan just under $7 billion. This includes:
- $1.3 billion to operate state government
- $50 million of federal money to workforce development
- $150 million for broadband build out
- $80 million to stabilize the state’s higher education system
- $100 million on clean water funding projects over the next five years
- $100 million to upgrade outdated state IT infrastructure
- $150 million to pay an additional payment to the state pension fund debt
- $250 million in federal money to initiatives that would help Vermont “grow into the future”
- $300,000 for the Department of Mental Health
This takes the pressure off the FY 22-23 budget bill, and with the use of ARPA funds, should make reconciling the differences from the House & Senate proposals less controversial and should mean that the money committees would not look at tax and fee increases. Time will tell…
H.439 An act relating to making appropriations for the support of government (passed House)
The House passed a $7 billion budget bill that spends General Fund dollars and federal Covid-19 relief dollars to make major investments in infrastructure, economic development, and the state’s pandemic response.
The bill deemed non-controversial was passed on a voice vote and will now be reviewed by the Senate.
S.10 An act relating to extending certain unemployment insurance provisions related to COVID-19
This bill proposes to extend certain provisions providing COVID-19 related unemployment insurance experience-rating relief and provisions allowing individuals who quit employment for certain COVID-19 related reasons to be eligible for unemployment insurance benefits.
Prior to hurricane-like weather and power outages in Montpelier, which caused an abrupt end to the floor session, the Senate Economic Development, Housing and Military Affairs committee presented a compromise amendment which offers benefits enhancements of $38M over a 5-year period and a tax reduction in the first year of $66M. Included in the amendment:
- Experience rating relief for employers
- Freeze of rate schedule increase and base contribution increases
- Adds a Dependent Benefit of $50 per week for claimants with dependent children under 18 years old for next 5 years and will not begin until extra federal benefits have ended
- Extends provisions passed last session to provide benefits for individuals who quit work for certain COVID-19 related reasons
- Instructs the Department of Labor to reduce UI contributions by $66.5M during the next 10 years
- DOL will study solvency of UI Fund and recommend changes to calculation methods
The rate relief, base contribution freeze, and the dependent benefit are all contingent on the UI Fund remaining above or projected to remain above $90M throughout 2021.
The Associated General Contractors hosted an Unemployment Insurance Forum on Thursday to discuss with legislators concerns the business community has with the proposals being considered in S.10. Almost 50 people attended the online forum and a lively debate ensued. The central issue discussed was getting people back to work. The construction industry is desperate to hire people for the upcoming season and believes providing more benefits to unemployed Vermonters will encourage workers to stay home. AGC/VT members urged legislators and the Commissioner of Labor to reinstate the work search requirement and asked them not to add more State benefits on top of all the additional federal benefits currently in play. The Senate will return on Tuesday, March 30, to take up S.10 at 9:30am.
America Rescue Plan Acy of 2021 (ARPA) Update
The Legislative Fiscal Office gave the Legislature a brief on what is to come with the America Rescue Plan of 2021, which was signed by President Biden on March 11th. In short, there is a lot of money coming to Vermonters in multiple different possible faucets and plenty of time to spend the money. Statewide, Vermont could likely see over $3 Billion dollars, $1 billion of those dollars coming straight to Vermonters via tax reductions, aid to businesses, and other individual payments like the previous stimulus checks. This money will differ from the Coronavirus Relief Funds (CRF) dollars in a few ways but most importantly, the availability and the timing to spend the money.
- Some of this money is already available, the rest will be available sometime in May/June
- State and local funds have until December 2024
- School funds have until September 2023
Congressional Call Small Blurb
In a meeting with the Vermont Congressional Delegation, they explained that they have a bill on the floor that will extend the Paycheck Protection Program (PPP) through the end of May. The bill is in the final stages, there are no policy changes within the bill, simply a deadline extension.
Also, the U.S. Small Business Administration is increasing the maximum amount small businesses and non-profit organizations can borrow through its COVID-19 Economic Injury Disaster Loan (EIDL) program. Starting the week of April 6, 2021, the SBA is raising the loan limit for the COVID-19 EIDL program from 6-months of economic injury with a maximum loan amount of $150,000 to up to 24-months of economic injury with a maximum loan amount of $500,000. The pandemic has lasted longer than originally projected which is the reasoning for the extension of the program and larger loans. Those who have already received EIDL will hear from SBA via email with additional information.
Vermont Lake Champlain Citizen Action Committee
Senate Committees on Agriculture, Natural Resources & Energy, and Appropriations gathered to hear the 2021 Lake Champlain Action Plan presented by the Vermont Citizens Advisory Committee on Lake Champlain.
The report recommends:
- Significant State funds be allocated to provide technical assistance to communities to better address urban and rural infrastructure water quality improvements
- State must increase and improve public access for non-motorized recreation on Lake Champlain
- State must increase support, grant resources and staffing for aquatic invasive species prevention and control programs
- Dairy farmers need better access to alternative models of agriculture and agriculture innovation
- Memorandum of Understanding between ANR and AAFM is not working. Recommend AAFM continue oversight and compliance but DEC should be handling enforcement.
- State needs to address next generation toxic pollution and increase screening to better respond before emerging pollutants become expensive problems
The committees use the report to better allocate funds to Clean Water Act projects.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
Week 10 of the 2021 Vermont Legislative Session – March 19, 2021
Legislative Committees rushed through bills and amendments to meet the “crossover” deadline. By mid-week, the fate of several bills became even less clear. An attempt to expand the bottle redemption system stalled in House Ways & Means. However, some components have been included in other legislation that has a chance of making it through to the end. This type of political move generates opportunities for bills to be amended on the floor, creating more uncertainty, and adds the likelihood for long debates by the full House and Senate.
The Vermont Department of Labor proposed to delay the employer unemployment tax hike, expected to occur in July. This has become a contentious bill pitting the business community against the democrat-controlled legislature. The current bill, S.10, not only proposes employer rate relief, but it would increase maximum weekly benefits for unemployment insurance recipients by 20% for one year and permanently adds a $50 per week payment to recipients who have dependent children. The Federal “American Rescue Plan Act of 2021” signed recently, approved the continuation of an additional $300 payment per week to unemployed claimants.
Employers replenish the Unemployment Trust Fund through taxes paid on wages. Vermont’s trust fund was one of the healthiest in the nation at the start of the pandemic with a balance of $500M. One year later the fund has approximately $240M, still healthy considering a year of record claims being filed.
Employers argue postponing the tax hike would be a welcome reprieve for businesses trying desperately to stay afloat and recover from the impact of shutdowns during the pandemic. Many also believe the additional payments are incentivizing individuals to not seek work and they have asked the legislature to reconsider and remove the benefit increase and dependent benefit. The Legislative Joint Fiscal Office and the Department of Labor estimate the dependent benefit will draw approximately $40M from the unemployment trust fund over the next three fiscal years.
Legislators argue that if businesses are going to benefit from rate relief and tax hike delays, workers should benefit too. Senator Michael Sirotkin (D-Chittenden), Chair of the Economic Development, Housing and General Affairs Committee has taken a firm stance that he will only support rate relief as long as there is an increase in benefits for workers. Being unable to hash out an agreement with employers and the Committee, action was delayed until next week.
In addition to the crossover deadline, Legislators are anxious to understand the $1.25 billion relief package from Congress. Vermont use of funds is as follows:
H.315 An act relating to COVID-19 relief and Recovery
This bill proposes to provide COVID-19 relief to Vermont, including working families and small businesses. The bill spends or reserves one-time funds of just under $49 million in general funds and $13 million for new grants and support funding.
Senate Amendment Highlights:
S.112 - An act relating to proposed changes to Act 250
The bill was introduced to the Senate Natural Resources Committee by Senator Collamore, in part, on behalf of the Scott Administration.
DRAFT Committee bill: An act relating to miscellaneous natural resources and development subjects
The Department of Environmental Conservation proposed some technical changes to; Brownfield Program, Salvage Yard Program; Beverage Container Commingling, Clean Water Investment Report; Act 150 Changes; Permit Transfers – Wetlands Determinations – Lake Encroachment Permits, Drinking Water Revolving Fund as well as other technical changes.
H.420 - An act relating to miscellaneous agricultural subjects (passed the House)
The bill makes multiple miscellaneous amendments to agricultural subjects. The bill would repeal the sunset provision for personal and itinerant slaughter, clarify the definition of “livestock dealer,” and amend eligibility requirements for the veterinarian educational loan repayment program.
The bill will:
This bill establishes the Agricultural Innovation Board to replace the Pesticide Advisory Council. The Agricultural Innovation Board would include 14 members and would make recommendations to the Governor and the General Assembly for prioritizing and coordinating the implementation of the recommendations of the Soil Health and Payment for Ecosystem Services Working Group, the Vermont Climate Council, and others they deem important. The Agricultural Innovation Board would also recommend practices that reduce the use of and exposure to pesticides and synthetic fertilizers to protect soil biology, human health, and environmental health.
In addition, the Board would advise the Executive Branch and the General Assembly with respect to legislation concerning the use of agricultural pest control measures and integrated pest management.
The bill, at request, includes a dairy producer as a member of the Board. The bill was reviewed by House Appropriations and will be up for action next week.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
Legislative Committees rushed through bills and amendments to meet the “crossover” deadline. By mid-week, the fate of several bills became even less clear. An attempt to expand the bottle redemption system stalled in House Ways & Means. However, some components have been included in other legislation that has a chance of making it through to the end. This type of political move generates opportunities for bills to be amended on the floor, creating more uncertainty, and adds the likelihood for long debates by the full House and Senate.
The Vermont Department of Labor proposed to delay the employer unemployment tax hike, expected to occur in July. This has become a contentious bill pitting the business community against the democrat-controlled legislature. The current bill, S.10, not only proposes employer rate relief, but it would increase maximum weekly benefits for unemployment insurance recipients by 20% for one year and permanently adds a $50 per week payment to recipients who have dependent children. The Federal “American Rescue Plan Act of 2021” signed recently, approved the continuation of an additional $300 payment per week to unemployed claimants.
Employers replenish the Unemployment Trust Fund through taxes paid on wages. Vermont’s trust fund was one of the healthiest in the nation at the start of the pandemic with a balance of $500M. One year later the fund has approximately $240M, still healthy considering a year of record claims being filed.
Employers argue postponing the tax hike would be a welcome reprieve for businesses trying desperately to stay afloat and recover from the impact of shutdowns during the pandemic. Many also believe the additional payments are incentivizing individuals to not seek work and they have asked the legislature to reconsider and remove the benefit increase and dependent benefit. The Legislative Joint Fiscal Office and the Department of Labor estimate the dependent benefit will draw approximately $40M from the unemployment trust fund over the next three fiscal years.
Legislators argue that if businesses are going to benefit from rate relief and tax hike delays, workers should benefit too. Senator Michael Sirotkin (D-Chittenden), Chair of the Economic Development, Housing and General Affairs Committee has taken a firm stance that he will only support rate relief as long as there is an increase in benefits for workers. Being unable to hash out an agreement with employers and the Committee, action was delayed until next week.
In addition to the crossover deadline, Legislators are anxious to understand the $1.25 billion relief package from Congress. Vermont use of funds is as follows:
- Respond to the COVID-19 public health emergency and cover costs related to it, including assistance to households, small businesses, non-profits, and affected industries such as tourism, travel, and hospitality
- Provide premium pay (up to $13 per hour in addition to base pay, up to a $25,000 cap) to state, territory, or tribal government workers who perform essential work during the public health emergency, or provide grants to employers with employees who perform essential work (defined as work needed to maintain continuity of operations of critical infrastructure and other sectors designated by the governor as critical to protect the health and well-being of residents)
- Provide government services to the extent of lost revenue from the public health emergency, relative to revenues in the fiscal year prior to the pandemic
- Make investments in water, sewer, or broadband infrastructure
H.315 An act relating to COVID-19 relief and Recovery
This bill proposes to provide COVID-19 relief to Vermont, including working families and small businesses. The bill spends or reserves one-time funds of just under $49 million in general funds and $13 million for new grants and support funding.
Senate Amendment Highlights:
- Economic Recovery Grants of $10 million general funds for Vermont businesses that experienced an economic loss due to the pandemic and did not meet the eligibility criteria for federal programs.
- $1,458,000 CRF to the Vermont Food Bank to reimburse the costs of the Vermont Farmers to Families Food Box Program
- $3,250,000 general funds to the Agency of Agriculture, Food and Markets for the Working Lands Program to allow early funding of projects, including money for slaughterhouse and processing and soil health
- $24 million general funds to the Agency of Natural Resources of which
- $14 million goes to DEC Brownfield Remediation
- $5 million is for the Department of Forests, Parks and Recreation for the Vermont Outdoor Recreation Collaborative (VOREC)
- $5 million is for the Central Office for investments to improve recreational infrastructure and access on State lands and Vermont’s trail network
- $700,000 for new Americans, refugees, and immigrants
- $1.3 million between general funds and CRF to the Department for Children and Families for families participating in the Reach Up program,
- $15 million reallocated CRF to continue a school indoor air quality grant program with Efficiency Vermont
- Reserves $20 million general funds to support future legislative action regarding pension funding initiatives
- $1,800,000 to Department of Public Service for the expansion of Broadband
- Over $5.8 million in mental health efforts
S.112 - An act relating to proposed changes to Act 250
The bill was introduced to the Senate Natural Resources Committee by Senator Collamore, in part, on behalf of the Scott Administration.
- Changing the Natural Resources Board (NRB) to a professional board with three full-time members who will hear major permit applications
- Give NRB authority to revoke Act 250 permits and may delegate authority to the District Commissions over determining the type of application and the ability to issue minors and amendments
- Adding ethical standards for the NRB and District Commissions that bar ex parte communications
- Changing the path of permit appeals by removing jurisdiction of the Environmental Division of the Superior Court, with appeals of the permit decisions going straight to the Supreme Court
- Adding a preapplication scoping process for large projects
- Creating an enhanced designation process for village centers
- Exempting development and subdivisions located within designated downtowns, enhanced village centers, and neighborhood development areas from Act 250
- Municipal panels will transfer Act 250 permit conditions to municipal land use permits
- Allowing the NRB to release projects from Act 250 jurisdiction if the property would no longer trigger Act 250 jurisdiction
- Excluding previously disturbed areas from the definition of development if they are transportation facilities
- Updating the water, transportation, and energy conservation criteria
- Adding a new criterion for climate adaptation and requiring rules to address how to meet the new criterion
- Creating a new permit to address impacts on fish and wildlife habitat. The new permit would be required for applicants of an Act 250 permit. The permit would be issued by the Commissioner of Fish and Wildlife. The permit fee would be $150.00 plus the cost of any Department resources spent on the permit.
- Specifying when permit conditions may be added to permits for forest-based enterprises
- Exempting from the definition of development accessory on-farm businesses constructed on less than one acre
- Requiring a municipality to respond to a request for information within 90 days.
The Department of Environmental Conservation proposed some technical changes to; Brownfield Program, Salvage Yard Program; Beverage Container Commingling, Clean Water Investment Report; Act 150 Changes; Permit Transfers – Wetlands Determinations – Lake Encroachment Permits, Drinking Water Revolving Fund as well as other technical changes.
- Increase bottle redemption handling fee from $0.04 to $0.05
- Expands authority for Brownfields that would provide a municipality with the same protection from liability as when involuntary action is taken. Liability has caused many Vermont Brownfields to remain contaminated.
- Removes the educational requirement for salvage yards
- Eliminates duplicate/outdated reporting requirements and reporting on completed initiatives for Clean Water
- Revises Act 150 (Underground storage tanks) so that the definition of administrative amendment includes a transfer of ownership if it is authorized by rule
- Moves wetland determinations notice requirements from Type 2 to Type 4 so that determinations can be noticed for a minimum of 14 days
- Make the lake encroachment permit effective date the same as other permits which become effective as soon as a permit is signed and issued
- Act 250
- Shifting the obligation to submit notice of a new Act 250 permit application from the applicant to the District Commission
- Extend existing deadlines under 11 days. This change (along with similar changes to the Act 250 Rules) will convert all deadlines to "calendar days" as opposed to "business days."
- Change existing statutory provision, regarding application requirements, so that it will be consistent with current practice and with future practice once the online application is rolled out
- Change/simplify language to require that septage transporters must pay $.01 per gallon of septage and portable toilet waste managed in Vermont
H.420 - An act relating to miscellaneous agricultural subjects (passed the House)
The bill makes multiple miscellaneous amendments to agricultural subjects. The bill would repeal the sunset provision for personal and itinerant slaughter, clarify the definition of “livestock dealer,” and amend eligibility requirements for the veterinarian educational loan repayment program.
The bill will:
- clarify the jurisdiction of the Agency of Agriculture, Food and Markets over weights and measures
- extend the payment for ecosystem services and soil health working group for one year
- clarify the agricultural records that are exempt from public inspection
- amend the hemp program to align it with evolving federal law
- update the Agriculture Annex to the State Emergency Operations Plan to improve the capacity of the State to maintain a sufficient food supply during times of emergency or other food insecurity
This bill establishes the Agricultural Innovation Board to replace the Pesticide Advisory Council. The Agricultural Innovation Board would include 14 members and would make recommendations to the Governor and the General Assembly for prioritizing and coordinating the implementation of the recommendations of the Soil Health and Payment for Ecosystem Services Working Group, the Vermont Climate Council, and others they deem important. The Agricultural Innovation Board would also recommend practices that reduce the use of and exposure to pesticides and synthetic fertilizers to protect soil biology, human health, and environmental health.
In addition, the Board would advise the Executive Branch and the General Assembly with respect to legislation concerning the use of agricultural pest control measures and integrated pest management.
The bill, at request, includes a dairy producer as a member of the Board. The bill was reviewed by House Appropriations and will be up for action next week.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
Week 9 of the 2021 Vermont Legislative Session – March 12, 2021
Legislative Leadership is contemplating a timely adjournment for May 10th. The goal would be to finish the regular session and then begin reviewing the $1.3 billion relief package from Congress. This package will be utilized to respond to the pandemic and its economic impacts. Vermont will have until December 2024 to spend the money, a stark comparison to the rushed approach that the last stimulus package required, allowing just 7 months.
The package, dubbed the American Rescue Plan, will provide many Vermonters with $1,400 stimulus checks, child tax credits, expanded unemployment benefits, additional vaccine distribution, healthcare subsidies, and financial help to restaurants, nutrition and food stamp programs, housing assistance and more. More specifically the bill provides:
Next week, in theory, all bills must be passed out of committee and headed to either the House or Senate floor for debate and approval. In typical fashion, although many bills will not make the looming crossover deadline, folks will remain on alert for language from those bills to be inserted into similar themed bills that likely will make it to the floor for a vote. In a virtual Legislative process, this makes it difficult to review and respond to proposals. The Legislature can pass almost anything they desire which could once again put Governor Phil Scott in a position to use his veto power. However, hey may find himself powerless under the weight of the democratic majority in both Chambers.
As expected, during his weekly press conference, Governor Scott announced that on Monday he will be extending the state of emergency thru April 15th.
21-0900 An act relating to establishing the Agricultural Innovation Board
The House Committee on Agriculture and Forestry took extensive testimony this week regarding language surrounding the Agriculture Innovation Board. This bill would create a board that would replace the Pesticide Advisory Council, as well as take on more roles in the agriculture world. There would be more seats added to the Board with more diversity from the agriculture sector. The most recent draft of the bill lays out a plan for a board to meet four times a year to do the following:
H.88 An act relating to certification of agricultural use for purposes of the use value appraisal program
This bill makes changes to how property owners certify the agricultural use of land or buildings. The bill requires the Department of Taxes and the Agency of Agriculture to conduct a study on the possibility of using an online portal for the purposes of current use and to report findings to the General Assembly.
The bill passed the House without controversy and was referred to the Senate Agriculture Committee.
S.20 An act relating to restrictions on perfluoroalkyl and polyfluoroalkyl substances and other chemicals of concern in consumer products (Strike-all amendment)
The Senate Health & Welfare Committee heard testimony from numerous witnesses this week on S.20. Casella Waste Systems testified in support of the bill and stated over the past five years or so, the majority of materials contain PFAS at a variety of different levels. In 2019, Casella prepared and submitted a PFAS Waste Source Testing Report and highlighted that approximately 95% of the tested waste materials contained detections of PFAS;
Solid waste management facilities and wastewater treatment facilities are tasked with managing the solid and liquid waste streams that are directed to them. Restricting the use of PFAS by the upstream manufacturers, and encouraging the development of safe, effective alternatives to these compounds should be among our highest priorities and most effective solution.
The Committee passed the amended bill by a vote of 5-0.
The Commissioner of Health will adopt any rules necessary for the implementation, administration, and enforcement of S.20.
The bill would take effect on July 1, 2021, with the exception of class B firefighting foam and chemicals of high concern to children which would take effect on July 1, 2022 and food packaging, rugs and carpets, and ski wax will take effect on July 1, 2023.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
Legislative Leadership is contemplating a timely adjournment for May 10th. The goal would be to finish the regular session and then begin reviewing the $1.3 billion relief package from Congress. This package will be utilized to respond to the pandemic and its economic impacts. Vermont will have until December 2024 to spend the money, a stark comparison to the rushed approach that the last stimulus package required, allowing just 7 months.
The package, dubbed the American Rescue Plan, will provide many Vermonters with $1,400 stimulus checks, child tax credits, expanded unemployment benefits, additional vaccine distribution, healthcare subsidies, and financial help to restaurants, nutrition and food stamp programs, housing assistance and more. More specifically the bill provides:
- $293 million for Vermont’s K-12 system
- $152 million for rental assistance
- $65 million for colleges and universities
- $47 million for childcare subsidies and support for childcare providers
- $57 million to support municipalities
Next week, in theory, all bills must be passed out of committee and headed to either the House or Senate floor for debate and approval. In typical fashion, although many bills will not make the looming crossover deadline, folks will remain on alert for language from those bills to be inserted into similar themed bills that likely will make it to the floor for a vote. In a virtual Legislative process, this makes it difficult to review and respond to proposals. The Legislature can pass almost anything they desire which could once again put Governor Phil Scott in a position to use his veto power. However, hey may find himself powerless under the weight of the democratic majority in both Chambers.
As expected, during his weekly press conference, Governor Scott announced that on Monday he will be extending the state of emergency thru April 15th.
21-0900 An act relating to establishing the Agricultural Innovation Board
The House Committee on Agriculture and Forestry took extensive testimony this week regarding language surrounding the Agriculture Innovation Board. This bill would create a board that would replace the Pesticide Advisory Council, as well as take on more roles in the agriculture world. There would be more seats added to the Board with more diversity from the agriculture sector. The most recent draft of the bill lays out a plan for a board to meet four times a year to do the following:
- prioritize and coordinate the implementation of the recommendations of the Soil Health and Payment for Ecosystem Services Working Group, the Vermont Climate Council;
- recommend practices that reduce the use of and exposure to pesticides and synthetic fertilizers in order to protect soil biology, human health, and environmental health;
- advise the Executive Branch and the General Assembly with respect to legislation concerning the use of agricultural pest control measures and integrated pest management.
H.88 An act relating to certification of agricultural use for purposes of the use value appraisal program
This bill makes changes to how property owners certify the agricultural use of land or buildings. The bill requires the Department of Taxes and the Agency of Agriculture to conduct a study on the possibility of using an online portal for the purposes of current use and to report findings to the General Assembly.
The bill passed the House without controversy and was referred to the Senate Agriculture Committee.
S.20 An act relating to restrictions on perfluoroalkyl and polyfluoroalkyl substances and other chemicals of concern in consumer products (Strike-all amendment)
The Senate Health & Welfare Committee heard testimony from numerous witnesses this week on S.20. Casella Waste Systems testified in support of the bill and stated over the past five years or so, the majority of materials contain PFAS at a variety of different levels. In 2019, Casella prepared and submitted a PFAS Waste Source Testing Report and highlighted that approximately 95% of the tested waste materials contained detections of PFAS;
- the highest levels of PFAS were detected in consumer products, primarily bulky items (furniture), textiles, and carpets;
- no single class of products or single source of waste that contained the majority of the PFAS – the detections were distributed widely among all of the sources of waste in our society.
Solid waste management facilities and wastewater treatment facilities are tasked with managing the solid and liquid waste streams that are directed to them. Restricting the use of PFAS by the upstream manufacturers, and encouraging the development of safe, effective alternatives to these compounds should be among our highest priorities and most effective solution.
The Committee passed the amended bill by a vote of 5-0.
- impose restrictions on the use, manufacture, sale, and distribution of class B firefighting foam containing perfluoroalkyl and polyfluoroalkyl substances
- impose restrictions on the manufacture, sale, and distribution of food packaging to which perfluoroalkyl and polyfluoroalkyl substances, phthalates, or bisphenols have been added
- impose restrictions on the manufacture, sale, and distribution of residential rugs, carpets, and aftermarket stain and water resistance treatments to which perfluoroalkyl and polyfluoroalkyl substances have been added
- impose restrictions on the manufacture, sale, and distribution of ski wax
- include perfluoroalkyl and polyfluoroalkyl substances on the list of chemicals of high concern to children.
The Commissioner of Health will adopt any rules necessary for the implementation, administration, and enforcement of S.20.
The bill would take effect on July 1, 2021, with the exception of class B firefighting foam and chemicals of high concern to children which would take effect on July 1, 2022 and food packaging, rugs and carpets, and ski wax will take effect on July 1, 2023.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
Week 6 of the Vermont Legislative Session-February 15, 2019
he Senate is a little slower than expected on passing their bill (S54) to regulate a cannabis market. A prediction by many was a “tax and regulate” cannabis market, increasing the minimum wage and water quality funding would sail through within the first month of the session. What is different this year? In most cases, circumstances have changed, legislators are new or are serving on a different committee, and with the power to legislate almost anything, time is less of an issue this session.
The Senate wrangled with whether to allow medical marijuana dispensaries a head start to sell and tax marijuana to the public. Sen. Richard Sears, the lead proponent for several years, is not interested in giving any one sector a leg up or delaying full implementation. The start-up without funding has created a bit of a quandary in terms of public safety, education, licensing, and quickly controlling this new market in Vermont. Throw in the issue that no banking institution can set up accounts for these new businesses apart from cash deposits. So, the financial regulation also presents a complexity that needs to be addressed as cash is rarely used in the retail market today.
Just a couple weeks ago the new market for Association Health Plans (AHP) looked like it wouldn’t survive the session say nothing about 2020 enrollment. The Administration unveiled a little more concern over the current issues within the Vermont Health Insurance Exchange, the small group market and the larger issue that the under 30 age group has a 10% uninsured rate. Vermont is only one of two states that doesn’t allow for age rating. The Administration is asking to work cooperatively with the Legislature on ways to offer more financial assistance for health care consumers, and they’re discussing development of a cheaper insurance plan that would generate savings. Little discussion around “under-insurance” has occurred, while it’s known that there is a problem, inaction only compounds the problem each year as premiums increase. Without fully understanding the issues within the Vermont health insurance market, Legislators may do more harm than good. So, is the AHP market safe for another year? Time will tell but perhaps Legislators, who know little about this market, will slow down and look at Vermont holistically before making assumptions.
A welcome and often undervalued discussion around work force development and technical education has become a priority in both the House and the Senate. Another issue where inaction compounds the problem every year, as Vermont has the oldest population in the country. Young, talented Vermonters who are being pushed into a traditional four-year curriculum often aren’t suited for either the educational setting or a curriculum that leads to a professional career. This is one area where the Legislative and Administrative Branch can work together. What does the plan look like? The Governor has budged $200,000 for start-up funding to explore the vision and put together a plan for regional tech-ed facilities that would be located around the state. The unanswered questions that need to be worked out over the next year would be; how to pay the program, how to satisfy accrediting standards, and what could be accomplished within the existing tech-ed infrastructure.
REGULATION
H.107 An act relating to paid family leave
This bill proposes to create a Paid Family Leave Insurance Program within the Departments of Labor and Taxes that will be funded by contributions from employers and employees. The bill also proposes to amend Vermont’s existing Parental and Family Leave Act to make it applicable to additional employees and to clarify certain provisions.
The House Committee on General, Housing, and Military Affairs voted out the bill by a vote of 8-1-1.
The following provisions are included in the bill:
- Paid Family Leave participation applies to all Vermont employers - no exemptions
- Family Leave Insurance will be funded by a .93% payroll tax; 1/2 paid by employee, 1/2 paid by employer
- Qualifying employees may take up to 12 weeks paid leave during a 12-month period for their own medical leave, maternity/paternity leave, or to care for a qualifying family member.
- Qualifying employees may take up to 2 weeks paid leave for bereavement
- Employees will receive 100% wage replacement up to double that of the livable wage in Vermont
- Employees who earn more than $150,000/year are exempt from program
- Amends the current Unpaid Family Leave program to include employers with 10 or more employees, instead of the current 15 or more employees
S.23 Minimum wage bill passes Senate Economic Development Committee
The Senate Economic Development, Housing and General Affairs Committee finalized S.23, a bill to increase the minimum wage to $15.00 by 2024. Current law would increase the minimum wage to $12.04 by 2024. The vote along party lines was 4-1, Senator Randy Brock (R-Franklin District) opposed.
Below is the proposed path to increase to $15.00:
2020 - $11.50
2021 - $12.25
2022 - $13.10
2023 - $14.05
2024 - $15.00
The bill carves out secondary school students and those under 18 years of age. The bill also includes a study to consider adjustments for inflation, due to the Legislature by January 15, 2023.
The report shall:
(1) identify and examine mechanisms that other jurisdictions use to index their minimum wages to inflation and the potential benefits and disadvantages of each mechanism; and
(2) identify and examine any alternative mechanisms to index the minimum wage to inflation, including alternative measures of inflation, and the potential benefits and disadvantages of each mechanism.
Another study included looking at “tipped” wage employees and students. The bill now heads to the Appropriations Committee for further consideration.
ENVIRONMENT & WATER QUALITY
S.96 Establishing a Clean Water Assessment to fund State water quality programs
This bill proposes to establish a Clean Water Assessment on all parcels in the State. Monies collected under the Clean Water Assessment would be deposited in the Clean Water Fund to fund water quality improvement projects in the State.
The Senate Natural Resources & Energy will try to close the $20M funding gap for clean water initiatives with existing tax/fee collection systems to reduce implementation costs and keep more dollars for clean water projects. Additional Funding possibilities discussed:
- Per Parcel Fee (as suggested in S.96) - $40/year per parcel
- Funds from the Estate Tax - approx. $8M/year
- Property Transfer Tax Surcharge Increase - Clean Water currently received $4M/year
- Impervious Surface fee
- Rooms & Meals Tax Surcharge
This bill will also create a Clean Water Board to administer the funds and oversee projects. Several environmental groups have asked the committee to consider the creation of regional clean water utilities to oversee the funds and projects.
The Committee will continue work next week prior to sending the bill to the money committees for consideration.
AGRICULTURE
Vermont Dairy Producers Alliance (VDPA) Requests expansion of cell service
The Alliance provided an overview of current agricultural practices, efforts, and projects taking aim at improving water quality. The Alliance expressed the need for reliable cell service to be able to map and plant, manage manure injection and soil samples, and ensure not only that time and resources aren't wasted but that the soil gets the nutrients it need to produce good crops. This will limit the amount of disruption of soils and limit phosphorus run-off, this is referred to as "Precision Agriculture". The cost of new technology as well as the need for cell service and funding are current barriers.
The Alliance requested that the House Energy & Technology work to address better cell service through expansion of towers or remote towers.
WETLANDS
The House Agriculture Committee heard clarifying testimony from Laura Lapierre, Agency of Natural Resources. Under the existing statute the statutory exemption is not elaborated on. However, in “rule” the exemption applies to areas in “ordinary rotation”. This is narrowly defined as growing food or crops. Construction of a building in a wetland is not growing food or crops.
The current wetland drafts under consideration clarifies and would codify this in law. ANR looks at the activity within a wetland not the percentage of impact. The issue of ordinary rotation is dealt with on a case by case basis but use a 5-year time period as a rule.
The committee has an issue with the need to allow and limit fees to install an access road which is better than not having an access road. Water quality projects are a big part of this, and farmers are feeling penalized for doing the right thing. However, the 5,000 sq. ft threshold for “non-reporting” and paying fees in most cases will still need to be evaluated by ANR.
The Committee will likely be looking at the 5,000 sq. ft trigger as well as fees and try to think of ways to incentivize rather than penalize. Click here for the Current Wetland Rule Farming Exemption, and here for the Landowner’s Guide to Wetlands.
Tile Drainage
House Committee on Agriculture & Forestry heard from Jeff Carter, UVM Extension and Laura DiPietro, Agency of Ag on the subsurface Tile Drain Sampling Projects who provided a report from data collected from 2018. The samples tested were for Total Phosphorus, Dissolved Phosphorus, Nitrates, Turbidity, and instantaneous flow. With 1 year of sampling, there were 408 samples from 136 sampling times collected.
The initial findings showed:
- Majority of values hover in the 20‐40 ug/L (ppb) range during non‐storm or thawing events.
- Nitrates: appears to be a clear connection to soil type and N (which we knew). Sand always has highest values while clay is always extremely low values.
- Clay sites most likely have highest TP and DP values because of particle size and shrink‐swell.
Both agreed more research needs to be done in order to fully understand the potential benefits, or harm, from tile drainage. Laura stated, there is not great science on a lot of this stuff. If you want to declare something good, you can find something to support it. If you want to declare something bad, you can find something to support it. They acknowledged that research is tricky, and they are getting mixed messages – you don’t write new rules for something that you don’t have answers to. Laura suggested they would need 5 years to really understand the science. “There is a lot going on and we are dedicated to looking at it and we will evolve.”
The committee heard from the Miner Institute on the three years of data tracking phosphorus and nitrogen through tile drains and without. The conclusions drawn from their work:
- Phosphorus losses driven by surface runoff events
- Nitrogen losses exported primarily through tile flow
- Majority of losses occur during non-growing season and from small number of events
- Promote/develop BMPs that address these high-risk periods
- Drainage water management
- Cover crops
- Tile drainage may reduce P export from snowmelt-driven runoff events
- Nutrient management is key:
- Maintaining fields at agronomically optimum phosphorus levels
- Avoiding nutrient applications prior to high risk events
Cheri L. L'Esperance
