Week 15 of the Vermont Legislative Session – April 19, 2024
We end the week with yet another, not so subtle message from our fearless leader. Governor Scott once again, in his calm demeanor, lashed out with continued concern at the Vermont Legislature. The long-awaited Yield bill, better known as the property tax bill, made its debut after being voted out of House Ways & Means after weeks of often dramatic testimony and committee discussions. The outlook of what is taking place under the golden dome is bleak at best. Below is the statement Scott released on Thursday. Read it and weep everyone, read it and weep…
“Vermonters already face a daunting tax burden. Too many are struggling to get by, and simply cannot afford to see their costs continue to go up. Vermonters have also made themselves abundantly clear: taxes are crushing them.
Months ago, when the December 1 property tax projection letter came out, my team warned about the consequences of such a historic tax increase. Unfortunately, many in the Legislature brushed it off and downplayed it. For years, I’ve voiced my concerns about the sustainability of our education system and have offered ideas for the Legislature to consider that would contain costs. They have rejected those ideas, time and time again – without following through on solutions of their own.
“Today, it is clear the House’s only plan is to accept an unbearable property tax increase, without any cost containment, while adding other taxes and studying the problem for a couple years. That means we’ll be in this same mess for years to come. I cannot accept this, I know Vermonters won’t, and I hope the Senate doesn’t either.”
The Yield bill passed by the House this week had onlookers dazed and confused that their property tax bills are still pegged to go up 15-18% this year.
An act relating to homestead property tax yields, non-homestead rates, and policy changes to education finance and taxation, H.887, a bill that passed out of committee 8-4 and has been dubbed as the non-starter for Republicans and Governor Phil Scott because it won’t address the $200 million shortfall in the education fund, increases taxes and does nothing for cost containment. Next year the fund could be in even worse shape due to the delay in substantive changes to how education is paid for.
Here is what the Legislature is looking at:
The estimated additional revenue from repealing the sales tax exemption for prewritten software accessed remotely is $20.4 million in fiscal year 2025 and $22.3 million annualized, beginning in fiscal year 2026. The current projected shortfall in the education fund is $200 million.
Legislative fatigue is firmly settling in. The Democratic Caucus was given a bit of a hand slap for not attending committee hearings and floor debates. This is creating problems with gathering a quorum to conduct business and amend legislation. The pressure is building with very few legislative days to finish work on bills that are poised to pass this session. Onlookers have started to tally the cumulative effect of program, tax, and spending proposals. Two proposals, education spending and increases in health insurance premiums alone, are projected to cost Vermonters over $300 million.
On Thursday night, Legislators danced off to the annual “cabaret”, where Legislators put together silly skits about proposed legislation and members of the opposite Chamber. This event is closed to the public and lobby core, it’s assumed lobbyists are the brunt of the jokes.
Leadership has been very clear that they are not just “eyeing” May 10th for adjournment but are very firm that adjournment will happen and likely turn into a late-night adjournment. To make this happen, the legislative committees will work on Monday’s as needed and a Saturday or two, no doubt begrudgingly. Maybe they should install NoDoz dispensing machines along with a few cases of Red Bull and an espresso machine?
Monitor - S 102 - An Act Relating To Expanding Employment Protections And Collective Bargaining Rights
Read first time and referred to the Committee on General and Housing (04/05/23)
This bill proposes to establish a good cause standard for termination of employment, require employers to provide severance pay to terminated employees, and permit employees or representative organizations to bring an enforcement action on behalf of the State for violations of the good cause termination requirement. This bill also proposes to prohibit employers from taking adverse employment actions against an employee in relation to the employee's exercise of free speech rights. This bill also proposes to permit agricultural and domestic workers to collectively bargain and to permit employees to elect a collective bargaining representative through card check elections.
House General & Housing Committee heard testimony from Chambers of Commerce, manufacturing sector, labor and Rural Vermont. However other groups focused on animal welfare in the even farm workers strike. This would not only creates a potential situation of animals not being properly cared for, milk not being shipped and could disrupt the supple chain.
With push back from many groups about the unintended consequences the committee will likely continue testimony next week.
Rural Vermont is supportive of S.102, this is the only agriculture group that has testified. The agricultural workers exemption language was struck in the Senate. This means that under the bill agricultural workers would have the right to protections under collective bargaining. This has been passed by; New York, New Jersey, Oregon, Minnesota, Hawaii, Kentucky, Louisiana, Massachusetts, Wisconsin, Kansas, Arizona, Colorado, California, Washington, and Nebraska providing some rights for collective bargaining.
S 213 - An Act Relating To The Regulation Of Wetlands, River Corridor Development, And Dam Safety
NEW STATUS: Referred to Committee on Ways and Means per Rule 35(a) Notice Calendar: Favorable with amendment (04/19/24)
This bill proposes to amend provisions related to wetlands, river corridor development, and dam safety. The bill would establish as State policy that wetlands shall be regulated and managed to produce a net gain of wetlands acreage. The Secretary of Natural Resources would be required to amend wetlands rules to incorporate the net gain policy. The bill would require the Vermont Significant Wetlands Inventory maps to be updated and revised annually. The bill would also require amendment to the existing Vermont Flood Hazard Area and River Corridor Rule to adopt requirements for issuing and enforcing permits for development within a flood hazard area or a mapped river corridor in the State. In addition, the bill would amend the Unsafe Dam Revolving Fund to be the Dam Safety Revolving Fund to provide loans for emergency and nonemergency funding of dam repair. The bill also provides that the owner of a dam or the owner of land on which a dam is located shall be held strictly, jointly, and severally liable for harm caused by the breach of a dam, provided that the dam has been classified as a significant or high hazard potential dam or the person who owns legal title to a dam or the owner of land on which a dam is located is not in full compliance with dam safety rules.
The amendment by House committee on Environment & Energy, proposes several changes related to the regulation of wetlands, river corridor development, and dam safety. Here's a summary:
S 301 - An Act Relating To Miscellaneous Agricultural Subjects
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (04/04/24)
This bill proposes to make multiple miscellaneous changes to agricultural statutes. The bill would amend the requirements for the Vermont Seeding and Filter Strip Program. The bill also would amend the licensing requirements for agricultural warehouses. In addition, the bill would amend livestock dealer licensing requirements. The bill also amends eligibility requirements for financial assistance from the Vermont Agricultural Credit Corporation.
SUMMARY:
Agricultural Water Quality
H 877 - An Act Relating To Miscellaneous Agricultural Subjects
Read 1st time & referred to Committee on Agriculture (03/28/24)
This bill proposes to make multiple miscellaneous changes to agricultural statutes. The bill would amend eligibility requirements for the Farm Agronomic Practices Program. The bill would adopt additional national standards under the weights and measures standards. In addition, the bill would amend how training can be provided for certified pesticide applicators. The bill would also amend provisions related to mosquito control and provisions related to the regulation of fertilizer, limes, plant amendment, plant biostimulants, and soil amendments.
This bill is largely technical in nature, however, there is a change to the pesticide training and certification program in AAFM. The Agency wants to have the ability to contract with a third-party vendor to administer pesticide examinations through a remote program. The Agency may also charge an additional fee to applicants who prefer to utilize the electronic or alternate testing service for pesticide certification or licensing examinations. AAFM will still administer in person examinations that do not include an additional fee.
In addition, the bill as passed by the House would:
H 81 - An Act Relating To Fair Repair Of Agricultural Equipment
Committee on Economic Development, Housing and General Affairs relieved; bill committed to Committee on Agriculture on motion of Senator Ram Hinsdale (02/09/24)
This bill proposes to ensure the fair repair of agricultural equipment.
Brian Carpenter from Champlain Valley Equipment testified again this week where he was able to walk through changes, the committee was amenable to most of these. We look forward to seeing a new version of the bill early next week. Next week could be the last week of morning committees, so there is little time left.
H 626 - An Act Relating To Animal Welfare
NEW STATUS: Read third time and passed Action Calendar: Third reading (04/19/24)
This bill proposes to establish the Division of Animal Welfare at the Department of Public Safety to develop, implement, and administer a centralized program for investigating and enforcing animal welfare requirements in the State. The bill would also amend or establish standards for the operation of animal shelters and animal rescue organizations. In addition, the bill would amend or establish requirements for the importation or transportation of animals into the State.
This bill is adding a surcharge on the rabies licenses which will go towards setting up a Division of Animal Welfare. The bill was sent over to the Senate this week, it technically missed crossover but we believe that it will still be taken up and passed or added onto a different bill.
H 687 - An Act Relating To Community Resilience And Biodiversity Protection Through Land Use
NEW STATUS: Referred to Committee on Finance per Senate Rule 31 (04/19/24)
This bill proposes to make multiple changes to the State land use and development law, known as Act 250. It would also make changes to the regional plans and municipal plans.
H.687 is a bill in that aims to make changes to land use regulations, municipal zoning law, and Act 250, and laws pertaining to construction and maintenance of housing with a focus on community resilience and biodiversity protection. The Senate drafted another bill, S.311, which they held to merge with H.687.
The bill:
Potentially the most controversial part of the bill is changing Act 250 administration from the Natural Resources Board, a citizen volunteer group, and installs a professional Land Use Review Board. This would move appeals from the judicial system to decisions by the new Board.
Governor Scott has signaled this approach is a non-starter. Language from S.311 "Bring everyone Home" was added into this bill.
The expansion of "on-farm" accessory businesses was stripped out of the bill and replaced with a review of whether and how Act 250 jurisdiction over commercial activities on farms should be revised, including accessory on-farm businesses. The report shall be submitted to the House Committees on Agriculture, Food Resiliency, and Forestry and on Environment and Energy and the Senate Committees on Agriculture and on Natural Resources and Energy.
Oppose - H 706 - An Act Relating To Banning The Use Of Neonicotinoid Pesticides
NEW STATUS: Referred to Committee on Appropriations per Senate Rule 31 Rule 31 suspended and bill not referred to Committee on Finance on motion of Senator Baruth Favorable report with proposal of amendment by Committee on Agriculture Second Reading Entered on Notice Calendar (04/19/24)
This bill proposes to prohibit the sale, offer for sale or use, distribution, or use of any neonicotinoid treated article seed for soybeans or for any crop in the cereal grains crop group. The bill would also prohibit the application or treatment with a neonicotinoid pesticide for multiple other uses.
The Senate committee on Agriculture passed the bill out 4-1-0. It is currently in the Senate Appropriations Committee.
The Senate Amendment moves the date out to 2031 and it also more closely aligns the waiver language to that of New Yorks treated seed ban waiver. Finally, there is a contingency in the bill saying if New York reverts their treated seed ban, Vermont would as well.
S 25 - An Act Relating To Regulating Cosmetic And Menstrual Products Containing Certain Chemicals And Chemical Classes And Textiles And Athletic Turf Fields Containing Perfluoroalkyl And Polyfluoroalkyl Substances
NEW STATUS: Unfinished Business/House Proposal of Amendment (04/19/24)
This bill proposes to (1) prohibit the manufacture, sale, and distribution in Vermont of cosmetic and menstrual products containing certain chemicals and chemical classes; (2) prohibit the manufacture, sale, and distribution in Vermont of textiles containing perfluoroalkyl and polyfluoroalkyl substances; and (3) prohibit the installation of any new athletic turf field containing perfluoroalkyl and polyfluoroalkyl substances.
House Human Services Proposed Amendment
Language from S.197, An act relating to restricting perfluoroalkyl and polyfluoroalkyl substances in consumer products has been added to S.25.
Sections pertaining to agriculture:
S 258 - An Act Relating To The Management Of Fish And Wildlife
Read first time and referred to the Committee on Environment and Energy (03/28/24)
This bill proposes to transfer the authority to adopt rules for the taking of fish, wildlife, and fur-bearing animals from the Fish and Wildlife Board to the Department of Fish and Wildlife. The bill would also amend the authority of the Fish and Wildlife Board so that it serves in an advisory capacity to the Department of Fish and Wildlife. In addition, the bill would prohibit the hunting of coyote with dogs.
S 311 - An Act Relating To Bringing Everyone Home
Committed to Committee on Natural Resources and Energy with report of Committee on Economic Development, Housing and General Affairs intact, under suspension of Senate Rule 49, on motion of Senator Baruth Committee Bill for Second Reading (02/20/24)
This bill proposes to make multiple changes related to housing, including land use planning, Act 250, municipal zoning, taxes, and housing incentives and programs.
Some Language added into H.687, An act relating to Community Resilience And Biodiversity Protection Through Land Use.
We end the week with yet another, not so subtle message from our fearless leader. Governor Scott once again, in his calm demeanor, lashed out with continued concern at the Vermont Legislature. The long-awaited Yield bill, better known as the property tax bill, made its debut after being voted out of House Ways & Means after weeks of often dramatic testimony and committee discussions. The outlook of what is taking place under the golden dome is bleak at best. Below is the statement Scott released on Thursday. Read it and weep everyone, read it and weep…
“Vermonters already face a daunting tax burden. Too many are struggling to get by, and simply cannot afford to see their costs continue to go up. Vermonters have also made themselves abundantly clear: taxes are crushing them.
Months ago, when the December 1 property tax projection letter came out, my team warned about the consequences of such a historic tax increase. Unfortunately, many in the Legislature brushed it off and downplayed it. For years, I’ve voiced my concerns about the sustainability of our education system and have offered ideas for the Legislature to consider that would contain costs. They have rejected those ideas, time and time again – without following through on solutions of their own.
“Today, it is clear the House’s only plan is to accept an unbearable property tax increase, without any cost containment, while adding other taxes and studying the problem for a couple years. That means we’ll be in this same mess for years to come. I cannot accept this, I know Vermonters won’t, and I hope the Senate doesn’t either.”
The Yield bill passed by the House this week had onlookers dazed and confused that their property tax bills are still pegged to go up 15-18% this year.
An act relating to homestead property tax yields, non-homestead rates, and policy changes to education finance and taxation, H.887, a bill that passed out of committee 8-4 and has been dubbed as the non-starter for Republicans and Governor Phil Scott because it won’t address the $200 million shortfall in the education fund, increases taxes and does nothing for cost containment. Next year the fund could be in even worse shape due to the delay in substantive changes to how education is paid for.
Here is what the Legislature is looking at:
- The bill sets the property dollar and income dollar equivalent yields for the purpose of setting homestead tax rates and establishes the non-homestead property tax rate. This will result in an average increase of approximately 14.97% for homestead property tax bills and income education tax bills, and an average increase of 17.99% for non-homestead property tax bills.
- The bill expands revenues to the Education Fund by repealing the sales tax exemption for prewritten software accessed remotely. This change is estimated to generate $20.4 million in additional revenue for the Education Fund in fiscal year 2025.
- The bill imposes a 1.5% surcharge on short-term rentals, with all revenues dedicated to the Education Fund. This surcharge is estimated to generate $6.5 million for the Education Fund in fiscal year 2025.
- The bill establishes the "Commission on the Future of Public Education in Vermont," the "Educational Opportunity Payment Task Force," and the "Education Fund Advisory Committee" to study and make recommendations for Vermont's public education system. These commissions and committees will receive funding from the General Fund.
- The bill includes provisions regarding the calculation of excess education spending and the application of the local common level of appraisal (CLA). These provisions may impact property tax rates and district budgeting, but the exact fiscal impact is uncertain.
The estimated additional revenue from repealing the sales tax exemption for prewritten software accessed remotely is $20.4 million in fiscal year 2025 and $22.3 million annualized, beginning in fiscal year 2026. The current projected shortfall in the education fund is $200 million.
Legislative fatigue is firmly settling in. The Democratic Caucus was given a bit of a hand slap for not attending committee hearings and floor debates. This is creating problems with gathering a quorum to conduct business and amend legislation. The pressure is building with very few legislative days to finish work on bills that are poised to pass this session. Onlookers have started to tally the cumulative effect of program, tax, and spending proposals. Two proposals, education spending and increases in health insurance premiums alone, are projected to cost Vermonters over $300 million.
On Thursday night, Legislators danced off to the annual “cabaret”, where Legislators put together silly skits about proposed legislation and members of the opposite Chamber. This event is closed to the public and lobby core, it’s assumed lobbyists are the brunt of the jokes.
Leadership has been very clear that they are not just “eyeing” May 10th for adjournment but are very firm that adjournment will happen and likely turn into a late-night adjournment. To make this happen, the legislative committees will work on Monday’s as needed and a Saturday or two, no doubt begrudgingly. Maybe they should install NoDoz dispensing machines along with a few cases of Red Bull and an espresso machine?
Monitor - S 102 - An Act Relating To Expanding Employment Protections And Collective Bargaining Rights
Read first time and referred to the Committee on General and Housing (04/05/23)
This bill proposes to establish a good cause standard for termination of employment, require employers to provide severance pay to terminated employees, and permit employees or representative organizations to bring an enforcement action on behalf of the State for violations of the good cause termination requirement. This bill also proposes to prohibit employers from taking adverse employment actions against an employee in relation to the employee's exercise of free speech rights. This bill also proposes to permit agricultural and domestic workers to collectively bargain and to permit employees to elect a collective bargaining representative through card check elections.
House General & Housing Committee heard testimony from Chambers of Commerce, manufacturing sector, labor and Rural Vermont. However other groups focused on animal welfare in the even farm workers strike. This would not only creates a potential situation of animals not being properly cared for, milk not being shipped and could disrupt the supple chain.
With push back from many groups about the unintended consequences the committee will likely continue testimony next week.
Rural Vermont is supportive of S.102, this is the only agriculture group that has testified. The agricultural workers exemption language was struck in the Senate. This means that under the bill agricultural workers would have the right to protections under collective bargaining. This has been passed by; New York, New Jersey, Oregon, Minnesota, Hawaii, Kentucky, Louisiana, Massachusetts, Wisconsin, Kansas, Arizona, Colorado, California, Washington, and Nebraska providing some rights for collective bargaining.
S 213 - An Act Relating To The Regulation Of Wetlands, River Corridor Development, And Dam Safety
NEW STATUS: Referred to Committee on Ways and Means per Rule 35(a) Notice Calendar: Favorable with amendment (04/19/24)
This bill proposes to amend provisions related to wetlands, river corridor development, and dam safety. The bill would establish as State policy that wetlands shall be regulated and managed to produce a net gain of wetlands acreage. The Secretary of Natural Resources would be required to amend wetlands rules to incorporate the net gain policy. The bill would require the Vermont Significant Wetlands Inventory maps to be updated and revised annually. The bill would also require amendment to the existing Vermont Flood Hazard Area and River Corridor Rule to adopt requirements for issuing and enforcing permits for development within a flood hazard area or a mapped river corridor in the State. In addition, the bill would amend the Unsafe Dam Revolving Fund to be the Dam Safety Revolving Fund to provide loans for emergency and nonemergency funding of dam repair. The bill also provides that the owner of a dam or the owner of land on which a dam is located shall be held strictly, jointly, and severally liable for harm caused by the breach of a dam, provided that the dam has been classified as a significant or high hazard potential dam or the person who owns legal title to a dam or the owner of land on which a dam is located is not in full compliance with dam safety rules.
The amendment by House committee on Environment & Energy, proposes several changes related to the regulation of wetlands, river corridor development, and dam safety. Here's a summary:
- Consultation Requirement: Requires the Department of Environmental Conservation to consult with the Agency of Commerce and Community Development and regional planning commissions before making amendments to the River Corridor Base Map.
- Regulation of Development: Allows municipalities to regulate development in flood hazard areas, river corridors, and other hazard areas, with specific provisions related to accessory dwelling units and planting projects.
- Municipal Regulation: Grants municipalities the authority to regulate land use for compliance with the National Flood Insurance Program and municipal ordinances related to flood hazard areas and river corridors.
- Protection of River Corridors: Authorizes municipalities to adopt bylaws to protect river corridors and buffers, outlining specific objectives and regulations for development in these areas.
- Wetlands Rulemaking: Requires the Commissioner of Environmental Conservation to review and potentially authorize certain activities within wetlands, including utility line relocation and temporary access for restoration projects.
- Analysis of Green River Dam: Directs the Agency of Natural Resources to analyze the costs of the Green River Dam and submit the results to relevant legislative committees.
- Report on Waiver of Permit Fees: Mandates reports on establishing criteria for waiving, reducing, or mitigating permit fees for low-income individuals or other criteria. Overall, the amendment aims to enhance regulations concerning wetlands, river corridors, and dam safety, while also addressing issues related to permit fees and effective dates.
S 301 - An Act Relating To Miscellaneous Agricultural Subjects
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (04/04/24)
This bill proposes to make multiple miscellaneous changes to agricultural statutes. The bill would amend the requirements for the Vermont Seeding and Filter Strip Program. The bill also would amend the licensing requirements for agricultural warehouses. In addition, the bill would amend livestock dealer licensing requirements. The bill also amends eligibility requirements for financial assistance from the Vermont Agricultural Credit Corporation.
SUMMARY:
Agricultural Water Quality
- Amends Vermont seeding and filter strip program, allowing the Secretary of Agriculture to develop a program compensating farmers for establishing and maintaining grassed waterways and filter strips on cropland.
- Amends licensing requirements for public warehouses storing farm products, including dairy, eggs, meat, poultry, and produce, and sets licensing fees.
- Amends definitions and licensing requirements for milk handlers, establishing fees based on the volume of milk or dairy products handled annually.
- Establishes licensing requirements for various entities involved in meat, meat food products, or poultry products, including commercial processors and distributors.
- Amends definitions related to livestock dealing, clarifying exemptions and licensing requirements for livestock dealers, packers, and transporters.
- Amends definitions related to contagious diseases and animal movement, outlining rules and regulations for disease control and eradication, including testing of captive deer.
- Amends rules related to mosquito control, grants, and pesticide use, including restrictions and approvals for rodenticides and larvicides. It mandates the Secretary to register second-generation anticoagulant rodenticides as restricted use pesticides if they are distributed or sold within the state
- Amends the creation and definitions of the Vermont Agricultural Credit Program, providing alternative credit sources for farmers and forest product businesses.
- Amends loan eligibility standards for farmers, forest product businesses, and other entities, outlining residency and ownership requirements.
H 877 - An Act Relating To Miscellaneous Agricultural Subjects
Read 1st time & referred to Committee on Agriculture (03/28/24)
This bill proposes to make multiple miscellaneous changes to agricultural statutes. The bill would amend eligibility requirements for the Farm Agronomic Practices Program. The bill would adopt additional national standards under the weights and measures standards. In addition, the bill would amend how training can be provided for certified pesticide applicators. The bill would also amend provisions related to mosquito control and provisions related to the regulation of fertilizer, limes, plant amendment, plant biostimulants, and soil amendments.
This bill is largely technical in nature, however, there is a change to the pesticide training and certification program in AAFM. The Agency wants to have the ability to contract with a third-party vendor to administer pesticide examinations through a remote program. The Agency may also charge an additional fee to applicants who prefer to utilize the electronic or alternate testing service for pesticide certification or licensing examinations. AAFM will still administer in person examinations that do not include an additional fee.
In addition, the bill as passed by the House would:
- Expand eligibility requirements for the Farm Agronomic Practices Program to provide financial assistance to Vermont farms for implementing soil-based practices that enhance soil quality, nutrient retention, crop production, and reduce agricultural waste discharges.
- Define terms related to livestock and poultry transportation and testing.
- Adopt additional national weights and measures standards
- Change regulation of fertilizer, limes, plant and soil amendments, and plant biostimulants
H 81 - An Act Relating To Fair Repair Of Agricultural Equipment
Committee on Economic Development, Housing and General Affairs relieved; bill committed to Committee on Agriculture on motion of Senator Ram Hinsdale (02/09/24)
This bill proposes to ensure the fair repair of agricultural equipment.
Brian Carpenter from Champlain Valley Equipment testified again this week where he was able to walk through changes, the committee was amenable to most of these. We look forward to seeing a new version of the bill early next week. Next week could be the last week of morning committees, so there is little time left.
H 626 - An Act Relating To Animal Welfare
NEW STATUS: Read third time and passed Action Calendar: Third reading (04/19/24)
This bill proposes to establish the Division of Animal Welfare at the Department of Public Safety to develop, implement, and administer a centralized program for investigating and enforcing animal welfare requirements in the State. The bill would also amend or establish standards for the operation of animal shelters and animal rescue organizations. In addition, the bill would amend or establish requirements for the importation or transportation of animals into the State.
This bill is adding a surcharge on the rabies licenses which will go towards setting up a Division of Animal Welfare. The bill was sent over to the Senate this week, it technically missed crossover but we believe that it will still be taken up and passed or added onto a different bill.
H 687 - An Act Relating To Community Resilience And Biodiversity Protection Through Land Use
NEW STATUS: Referred to Committee on Finance per Senate Rule 31 (04/19/24)
This bill proposes to make multiple changes to the State land use and development law, known as Act 250. It would also make changes to the regional plans and municipal plans.
H.687 is a bill in that aims to make changes to land use regulations, municipal zoning law, and Act 250, and laws pertaining to construction and maintenance of housing with a focus on community resilience and biodiversity protection. The Senate drafted another bill, S.311, which they held to merge with H.687.
The bill:
- It also establishes a professionalized Environmental Review Board (ERB) to administer Act 250 and creates programs and special funds for revitalization and resiliency efforts.
- The fiscal impact of the bill includes both revenue losses and appropriations. The changes to the Act 250 process could result in an estimated annual revenue loss of $900,000 for the Natural Resources Board (NRB) and $70,000 for the Agency of Natural Resources (ANR) starting in fiscal year 2027. However, the implementation of three additional fees could generate an indeterminate increase in Act 250 Permit Fund revenues starting in fiscal year 2027.
- The bill appropriates $2.0 million in fiscal year 2025 from the General Fund. This includes $1.5 million for the Municipal Planning Grant Program, $112,500 for ERB employees, $125,000 for Agency of Commerce and Community Development outreach and one position, and $250,000 for two positions at the Agency of Natural Resources.
- The ERB, which would administer the Act 250 program, would consist of five members appointed by the Governor. The chair of the ERB would be a full-time position, while the other four members would be half-time. The bill also establishes an ERB Nominating Committee, comprised of members from the House, Senate, and Executive Branch, to review and approve the Governor's appointments.
- The bill includes provisions for the creation of Tier 1 areas that are exempt from Act 250 under certain conditions. Municipalities can apply for Tier 1A or Tier 1B status, which would exempt residential developments in those areas from Act 250 and associated permitting fees. These changes may result in a reduction in fee revenue for the NRB Act 250 Permit Fund of approximately $900,000 starting in fiscal year 2027, representing about 30% of permitting and subdivision fee cost revenue.
- Tier 2” is expected to constitute most of the land in the state. There, Act 250 jurisdiction would remain mostly the same as now, except for a newly established road rule: Act 250 review would kick in for private road construction over 800 feet, a measure intended to slow down forest fragmentation. The bill directs a report to flesh out the details of this tier.
- Tier 3,” jurisdiction under Act 250 would become automatic, meaning any new development would trigger review under the law. H.687 doesn’t specify where, exactly, the “critical natural resources” of this tier would be — they may include “river corridors, headwaters streams” or “habitat connectors of statewide significance” — and instead directs a newly-established Land Use Review Board to establish a process for mapping out these places over the next few years.
Potentially the most controversial part of the bill is changing Act 250 administration from the Natural Resources Board, a citizen volunteer group, and installs a professional Land Use Review Board. This would move appeals from the judicial system to decisions by the new Board.
Governor Scott has signaled this approach is a non-starter. Language from S.311 "Bring everyone Home" was added into this bill.
The expansion of "on-farm" accessory businesses was stripped out of the bill and replaced with a review of whether and how Act 250 jurisdiction over commercial activities on farms should be revised, including accessory on-farm businesses. The report shall be submitted to the House Committees on Agriculture, Food Resiliency, and Forestry and on Environment and Energy and the Senate Committees on Agriculture and on Natural Resources and Energy.
Oppose - H 706 - An Act Relating To Banning The Use Of Neonicotinoid Pesticides
NEW STATUS: Referred to Committee on Appropriations per Senate Rule 31 Rule 31 suspended and bill not referred to Committee on Finance on motion of Senator Baruth Favorable report with proposal of amendment by Committee on Agriculture Second Reading Entered on Notice Calendar (04/19/24)
This bill proposes to prohibit the sale, offer for sale or use, distribution, or use of any neonicotinoid treated article seed for soybeans or for any crop in the cereal grains crop group. The bill would also prohibit the application or treatment with a neonicotinoid pesticide for multiple other uses.
The Senate committee on Agriculture passed the bill out 4-1-0. It is currently in the Senate Appropriations Committee.
The Senate Amendment moves the date out to 2031 and it also more closely aligns the waiver language to that of New Yorks treated seed ban waiver. Finally, there is a contingency in the bill saying if New York reverts their treated seed ban, Vermont would as well.
S 25 - An Act Relating To Regulating Cosmetic And Menstrual Products Containing Certain Chemicals And Chemical Classes And Textiles And Athletic Turf Fields Containing Perfluoroalkyl And Polyfluoroalkyl Substances
NEW STATUS: Unfinished Business/House Proposal of Amendment (04/19/24)
This bill proposes to (1) prohibit the manufacture, sale, and distribution in Vermont of cosmetic and menstrual products containing certain chemicals and chemical classes; (2) prohibit the manufacture, sale, and distribution in Vermont of textiles containing perfluoroalkyl and polyfluoroalkyl substances; and (3) prohibit the installation of any new athletic turf field containing perfluoroalkyl and polyfluoroalkyl substances.
House Human Services Proposed Amendment
Language from S.197, An act relating to restricting perfluoroalkyl and polyfluoroalkyl substances in consumer products has been added to S.25.
Sections pertaining to agriculture:
- The Agency of Natural Resources shall obtain input on its recommendation from interested parties, including those that represent environmental, agricultural, and industry interests. They have said that they will ask for input from the Agency of Agriculture. We expect to follow this study process along with other stakeholders.
- On or before November 1, 2024, the Agency of Natural Resources shall submit an implementation plan developed pursuant to this section and corresponding draft legislation to the House Committees on Environment and Energy and on Human Services and the Senate Committees on Health and Welfare and on Natural Resources and Energy.
- For the purposes of this section, “consumer products” includes restricted and nonrestricted use pesticides.
S 258 - An Act Relating To The Management Of Fish And Wildlife
Read first time and referred to the Committee on Environment and Energy (03/28/24)
This bill proposes to transfer the authority to adopt rules for the taking of fish, wildlife, and fur-bearing animals from the Fish and Wildlife Board to the Department of Fish and Wildlife. The bill would also amend the authority of the Fish and Wildlife Board so that it serves in an advisory capacity to the Department of Fish and Wildlife. In addition, the bill would prohibit the hunting of coyote with dogs.
S 311 - An Act Relating To Bringing Everyone Home
Committed to Committee on Natural Resources and Energy with report of Committee on Economic Development, Housing and General Affairs intact, under suspension of Senate Rule 49, on motion of Senator Baruth Committee Bill for Second Reading (02/20/24)
This bill proposes to make multiple changes related to housing, including land use planning, Act 250, municipal zoning, taxes, and housing incentives and programs.
Some Language added into H.687, An act relating to Community Resilience And Biodiversity Protection Through Land Use.
Week 14 of the Vermont Legislative Session – April 12, 2024
The Total Eclipse has come and gone and now legislators are eagerly awaiting good fiscal news – will it solve all of Vermont’s financial problems? Heck no, but Emilie Kornheiser, Chair of House Ways and Means is hoping for a ‘delightful bump’ from the eclipse visitors. Those financial details won’t be known until late May.
Education funding will be the final showdown of the session. On Friday, the powerful House Ways & Means Committee reviewed proposals to change how money is doled out to school districts. Starting in 2027, the proposal would have the State make an initial decision on how much school districts should spend and impose a tax penalty on districts that choose to spend a higher amount.
This would be done by calculating how much each district should spend, based on its enrollment and demographics, and send an “educational opportunity payment” directly to districts. Local school boards could propose, and local voters could approve, “excess spending” in addition to these state payments, but local property taxpayers would pay a tax penalty in exchange.
The residential tax bill is estimated to increase over 15% this year so revenue proposals are being reviewed to apply a sales tax on cloud-based software to provide one-time funding of $20 million. Part of the bucket of tax proposals being contemplated are taxing sports betting receipts, increasing the tax on short-term rentals, tobacco, and other retail products.
The Senate has stated raising revenue will be needed to close out the budget and they will be looking at increasing State Agency and Department fees. The last time fees were increased was 2019. However, since Phil Scott became Governor in 2017 very few fees have been raised. Typically, all State Agencies and Departments were scheduled on a three-year cycle to review and potentially increase fees to pay for programs. Our understanding is that Governor Scott has not changed his position to “live within their means”.
Also, considering the high cost and lack of housing, the Legislature is looking at creating an additional one-time property tax credit for income-sensitized homeowners to soften the blow.
We end our week with a special mention of Senator Richard Mazza -D Grand Isle Country. Known by all as Dick, he announced his resignation from the Vermont State Senate after 42 years of service. The moderate Democrat’s resignation not only leaves an open seat in the 30-member chamber but also on one of the building’s most influential panels, the Senate Committee on Committees. He has submitted two names to Governor Phil Scott as recommendations to fill his seat.
Most notable, Senator Mazza was the "go-to" Senator to gauge chances of certain legislation passing, not afraid to break party lines to support common sense proposals and oppose those that weren’t crafted to benefit Vermonters. He was willing to talk with Senate Leadership or the Governor's Office to negotiate a compromise. As a retailer, Dick was famous for his snacks in committee and his sweet tooth. Senator Mazza will be sorely missed in the Vermont General Assembly. It was later announced that the new Dean of the Senate would be Senator Dick Sears of Bennington County.
This week the Senate Agriculture Committee signed a letter that will go to the Federal delegation to urge them to pass H.R. 1147, the Whole Milk for Healthy Kids Act of 2023. The Whole Milk for Healthy Kids Act removes a misguided federal policy that limited the type of milk schools could provide under the National School Lunch Program. Instead, the Whole Milk for Healthy Kids Act gives schools flexibility in the type of milk provided under the National School Lunch Program, allowing whole, reduced-fat, low-fat, and fat-free flavored and unflavored milk. This bill would revise the federal policy on meal requirements in schools which was limiting the type of milk provided in schools. This would change policies from 2012 that were misguided and we believe would help local dairies provide schools with quality local milk. (Letter attached).
H 81 - An Act Relating To Fair Repair Of Agricultural Equipment
Committee on Economic Development, Housing and General Affairs relieved; bill committed to Committee on Agriculture on motion of Senator Ram Hinsdale (02/09/24)
This bill proposes to ensure the fair repair of agricultural equipment.
The amendment floated this week will likely be accepted by the majority of the committee. Champlain Valley Equipment will testify on behalf of those supporting the amendment next week.
Oppose - H 706 - An Act Relating To Banning The Use Of Neonicotinoid Pesticides
Read 1st time & referred to Committee on Agriculture (03/27/24)
This bill proposes to prohibit the sale, offer for sale or use, distribution, or use of any neonicotinoid treated article seed for soybeans or for any crop in the cereal grains crop group. The bill would also prohibit the application or treatment with a neonicotinoid pesticide for multiple other uses.
The Senate is considering the House passed version of the bill. This week members of the VDPA attended the committee hearing in the Senate to discuss the ramifications, lack of alternatives and potential to need to move away from "no-till" practices if the bill becomes law.
Right to Farm will likely be added into this bill.
H 626 - An Act Relating To Animal Welfare
Pending entry on Notice Calendar, referred to Committee on Appropriations per Rule 35(a) (03/20/24)
This bill proposes to establish the Division of Animal Welfare at the Department of Public Safety to develop, implement, and administer a centralized program for investigating and enforcing animal welfare requirements in the State. The bill would also amend or establish standards for the operation of animal shelters and animal rescue organizations. In addition, the bill would amend or establish requirements for the importation or transportation of animals into the State.
This bill creates a division of animal welfare within the Department of Public Safety and sets up a special Animal Welfare Fund. This creates a position for the Director of Animal Welfare, who will effectively stand up the new division. In order to fund this new division, the Animal Welfare Fund will receive 50% of the revenue collected from a surcharge on dog licenses, as well as some appropriations from the General Assembly. Additionally, fees are adjusted for license fees for dog and wolf-hybrid owners, with portions of these fees allocated to fund programs such as spaying and neutering initiatives and rabies control programs.
We believe the House committee will add this language onto one of the miscellaneous bills, we will continue to monitor to see where the language ends up.
H 687 - An Act Relating To Community Resilience And Biodiversity Protection Through Land Use
Read 1st time & referred to Committee on Natural Resources and Energy (04/02/24)
This bill proposes to make multiple changes to the State land use and development law, known as Act 250. It would also make changes to the regional plans and municipal plans.
The Senate Economic Development & Housing Committee will be considering the bill on Thursday. There are murmurs in the Statehouse that this bill may not make it through the process this session.
We have asked to testify in Senate Natural Resources several times on the "on-farm" sections. We are pivoting to an "end of session" strategy to work with Senate Agriculture and AAFM to insert into a misc bill. "On-farm accessory" provisions are within this bill, and we have asked the committee to testify.
This bill is a very long and complicated bill. It will take the Senate Natural Resources Committee a while to walk through it and understand it. They will then begin to make edits. The bill tweaks the Accessory on Farm law.
S 25 - An Act Relating To Regulating Cosmetic And Menstrual Products Containing Certain Chemicals And Chemical Classes And Textiles And Athletic Turf Fields Containing Perfluoroalkyl And Polyfluoroalkyl Substances
NEW STATUS: House message: House passed bill in concurrence with proposal(s) of amendment (04/12/24)
This bill proposes to (1) prohibit the manufacture, sale, and distribution in Vermont of cosmetic and menstrual products containing certain chemicals and chemical classes; (2) prohibit the manufacture, sale, and distribution in Vermont of textiles containing perfluoroalkyl and polyfluoroalkyl substances; and (3) prohibit the installation of any new athletic turf field containing perfluoroalkyl and polyfluoroalkyl substances.
House Human Services Proposed Amendment
Language from S.197, An act relating to restricting perfluoroalkyl and polyfluoroalkyl substances in consumer products has been added to S.25.
Sections pertaining to agriculture:
Monitor - S 102 - An Act Relating To Expanding Employment Protections And Collective Bargaining Rights
Read first time and referred to the Committee on General and Housing (04/05/23)
This bill proposes to establish a good cause standard for termination of employment, require employers to provide severance pay to terminated employees, and permit employees or representative organizations to bring an enforcement action on behalf of the State for violations of the good cause termination requirement. This bill also proposes to prohibit employers from taking adverse employment actions against an employee in relation to the employee's exercise of free speech rights. This bill also proposes to permit agricultural and domestic workers to collectively bargain and to permit employees to elect a collective bargaining representative through card check elections.
House General & Housing considered the bill this week and heard testimony from the VT Attorney General's Office. The committee intends on passing the bill but will consider amendments and hear from anyone that would like to testify. The committee is also considering attaching H.858, An act relating to permitting Assistant Attorneys General to collectively bargain
Does VDPA want to testify on the bill? The agricultural workers exemption language was struck in the Senate. This means that under the bill agricultural workers would have the right to protections under collective bargaining.
S 213 - An Act Relating To The Regulation Of Wetlands, River Corridor Development, And Dam Safety
Read first time and referred to the Committee on Environment and Energy (03/26/24)
This bill proposes to amend provisions related to wetlands, river corridor development, and dam safety. The bill would establish as State policy that wetlands shall be regulated and managed to produce a net gain of wetlands acreage. The Secretary of Natural Resources would be required to amend wetlands rules to incorporate the net gain policy. The bill would require the Vermont Significant Wetlands Inventory maps to be updated and revised annually. The bill would also require amendment to the existing Vermont Flood Hazard Area and River Corridor Rule to adopt requirements for issuing and enforcing permits for development within a flood hazard area or a mapped river corridor in the State. In addition, the bill would amend the Unsafe Dam Revolving Fund to be the Dam Safety Revolving Fund to provide loans for emergency and nonemergency funding of dam repair. The bill also provides that the owner of a dam or the owner of land on which a dam is located shall be held strictly, jointly, and severally liable for harm caused by the breach of a dam, provided that the dam has been classified as a significant or high hazard potential dam or the person who owns legal title to a dam or the owner of land on which a dam is located is not in full compliance with dam safety rules.
S 301 - An Act Relating To Miscellaneous Agricultural Subjects
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (04/04/24)
This bill proposes to make multiple miscellaneous changes to agricultural statutes. The bill would amend the requirements for the Vermont Seeding and Filter Strip Program. The bill also would amend the licensing requirements for agricultural warehouses. In addition, the bill would amend livestock dealer licensing requirements. The bill also amends eligibility requirements for financial assistance from the Vermont Agricultural Credit Corporation.
SUMMARY:
Agricultural Water Quality
S 311 - An Act Relating To Bringing Everyone Home
Committed to Committee on Natural Resources and Energy with report of Committee on Economic Development, Housing and General Affairs intact, under suspension of Senate Rule 49, on motion of Senator Baruth Committee Bill for Second Reading (02/20/24)
This bill proposes to make multiple changes related to housing, including land use planning, Act 250, municipal zoning, taxes, and housing incentives and programs.
H 877 - An Act Relating To Miscellaneous Agricultural Subjects
Read 1st time & referred to Committee on Agriculture (03/28/24)
This bill proposes to make multiple miscellaneous changes to agricultural statutes. The bill would amend eligibility requirements for the Farm Agronomic Practices Program. The bill would adopt additional national standards under the weights and measures standards. In addition, the bill would amend how training can be provided for certified pesticide applicators. The bill would also amend provisions related to mosquito control and provisions related to the regulation of fertilizer, limes, plant amendment, plant biostimulants, and soil amendments.
This bill is largely technical in nature, however, there is a change to the pesticide training and certification program in AAFM. The Agency wants to have the ability to contract with a third-party vendor to administer pesticide examinations through a remote program. The Agency may also charge an additional fee to applicants who prefer to utilize the electronic or alternate testing service for pesticide certification or licensing examinations. AAFM will still administer in person examinations that do not include an additional fee.
In addition, the bill as passed by the House would:
The Senate Committee on Agriculture has not started work on this yet, it will likely be the last bill the committee will pass out for the year. We expect this bill to have language added and become a "Christmas tree" once the committee begins their work.
S 258 - An Act Relating To The Management Of Fish And Wildlife
Read first time and referred to the Committee on Environment and Energy (03/28/24)
This bill proposes to transfer the authority to adopt rules for the taking of fish, wildlife, and fur-bearing animals from the Fish and Wildlife Board to the Department of Fish and Wildlife. The bill would also amend the authority of the Fish and Wildlife Board so that it serves in an advisory capacity to the Department of Fish and Wildlife. In addition, the bill would prohibit the hunting of coyote with dogs.
The Total Eclipse has come and gone and now legislators are eagerly awaiting good fiscal news – will it solve all of Vermont’s financial problems? Heck no, but Emilie Kornheiser, Chair of House Ways and Means is hoping for a ‘delightful bump’ from the eclipse visitors. Those financial details won’t be known until late May.
Education funding will be the final showdown of the session. On Friday, the powerful House Ways & Means Committee reviewed proposals to change how money is doled out to school districts. Starting in 2027, the proposal would have the State make an initial decision on how much school districts should spend and impose a tax penalty on districts that choose to spend a higher amount.
This would be done by calculating how much each district should spend, based on its enrollment and demographics, and send an “educational opportunity payment” directly to districts. Local school boards could propose, and local voters could approve, “excess spending” in addition to these state payments, but local property taxpayers would pay a tax penalty in exchange.
The residential tax bill is estimated to increase over 15% this year so revenue proposals are being reviewed to apply a sales tax on cloud-based software to provide one-time funding of $20 million. Part of the bucket of tax proposals being contemplated are taxing sports betting receipts, increasing the tax on short-term rentals, tobacco, and other retail products.
The Senate has stated raising revenue will be needed to close out the budget and they will be looking at increasing State Agency and Department fees. The last time fees were increased was 2019. However, since Phil Scott became Governor in 2017 very few fees have been raised. Typically, all State Agencies and Departments were scheduled on a three-year cycle to review and potentially increase fees to pay for programs. Our understanding is that Governor Scott has not changed his position to “live within their means”.
Also, considering the high cost and lack of housing, the Legislature is looking at creating an additional one-time property tax credit for income-sensitized homeowners to soften the blow.
We end our week with a special mention of Senator Richard Mazza -D Grand Isle Country. Known by all as Dick, he announced his resignation from the Vermont State Senate after 42 years of service. The moderate Democrat’s resignation not only leaves an open seat in the 30-member chamber but also on one of the building’s most influential panels, the Senate Committee on Committees. He has submitted two names to Governor Phil Scott as recommendations to fill his seat.
Most notable, Senator Mazza was the "go-to" Senator to gauge chances of certain legislation passing, not afraid to break party lines to support common sense proposals and oppose those that weren’t crafted to benefit Vermonters. He was willing to talk with Senate Leadership or the Governor's Office to negotiate a compromise. As a retailer, Dick was famous for his snacks in committee and his sweet tooth. Senator Mazza will be sorely missed in the Vermont General Assembly. It was later announced that the new Dean of the Senate would be Senator Dick Sears of Bennington County.
This week the Senate Agriculture Committee signed a letter that will go to the Federal delegation to urge them to pass H.R. 1147, the Whole Milk for Healthy Kids Act of 2023. The Whole Milk for Healthy Kids Act removes a misguided federal policy that limited the type of milk schools could provide under the National School Lunch Program. Instead, the Whole Milk for Healthy Kids Act gives schools flexibility in the type of milk provided under the National School Lunch Program, allowing whole, reduced-fat, low-fat, and fat-free flavored and unflavored milk. This bill would revise the federal policy on meal requirements in schools which was limiting the type of milk provided in schools. This would change policies from 2012 that were misguided and we believe would help local dairies provide schools with quality local milk. (Letter attached).
H 81 - An Act Relating To Fair Repair Of Agricultural Equipment
Committee on Economic Development, Housing and General Affairs relieved; bill committed to Committee on Agriculture on motion of Senator Ram Hinsdale (02/09/24)
This bill proposes to ensure the fair repair of agricultural equipment.
The amendment floated this week will likely be accepted by the majority of the committee. Champlain Valley Equipment will testify on behalf of those supporting the amendment next week.
Oppose - H 706 - An Act Relating To Banning The Use Of Neonicotinoid Pesticides
Read 1st time & referred to Committee on Agriculture (03/27/24)
This bill proposes to prohibit the sale, offer for sale or use, distribution, or use of any neonicotinoid treated article seed for soybeans or for any crop in the cereal grains crop group. The bill would also prohibit the application or treatment with a neonicotinoid pesticide for multiple other uses.
The Senate is considering the House passed version of the bill. This week members of the VDPA attended the committee hearing in the Senate to discuss the ramifications, lack of alternatives and potential to need to move away from "no-till" practices if the bill becomes law.
- In the House passed bill, the Agency of Agriculture, Food and Markets could issue an exemption order in the event a farmer or sector encounters a major economic threat like a pest outbreak, and the pesticides are deemed necessary to prevent devastating crop loss.
- The agency is required to develop best management practices for neonicotinoids in Vermont.
- The House carved out fruit growers, because they usually apply the pesticide once or twice a year and need them to combat apple maggot.
- Golf courses use the 1-2x a year but were not given an exemption. Golf course and ornamental plants would be ban in 2025 from the use of neonics.
- effective date 2029
H 626 - An Act Relating To Animal Welfare
Pending entry on Notice Calendar, referred to Committee on Appropriations per Rule 35(a) (03/20/24)
This bill proposes to establish the Division of Animal Welfare at the Department of Public Safety to develop, implement, and administer a centralized program for investigating and enforcing animal welfare requirements in the State. The bill would also amend or establish standards for the operation of animal shelters and animal rescue organizations. In addition, the bill would amend or establish requirements for the importation or transportation of animals into the State.
This bill creates a division of animal welfare within the Department of Public Safety and sets up a special Animal Welfare Fund. This creates a position for the Director of Animal Welfare, who will effectively stand up the new division. In order to fund this new division, the Animal Welfare Fund will receive 50% of the revenue collected from a surcharge on dog licenses, as well as some appropriations from the General Assembly. Additionally, fees are adjusted for license fees for dog and wolf-hybrid owners, with portions of these fees allocated to fund programs such as spaying and neutering initiatives and rabies control programs.
We believe the House committee will add this language onto one of the miscellaneous bills, we will continue to monitor to see where the language ends up.
H 687 - An Act Relating To Community Resilience And Biodiversity Protection Through Land Use
Read 1st time & referred to Committee on Natural Resources and Energy (04/02/24)
This bill proposes to make multiple changes to the State land use and development law, known as Act 250. It would also make changes to the regional plans and municipal plans.
The Senate Economic Development & Housing Committee will be considering the bill on Thursday. There are murmurs in the Statehouse that this bill may not make it through the process this session.
We have asked to testify in Senate Natural Resources several times on the "on-farm" sections. We are pivoting to an "end of session" strategy to work with Senate Agriculture and AAFM to insert into a misc bill. "On-farm accessory" provisions are within this bill, and we have asked the committee to testify.
This bill is a very long and complicated bill. It will take the Senate Natural Resources Committee a while to walk through it and understand it. They will then begin to make edits. The bill tweaks the Accessory on Farm law.
S 25 - An Act Relating To Regulating Cosmetic And Menstrual Products Containing Certain Chemicals And Chemical Classes And Textiles And Athletic Turf Fields Containing Perfluoroalkyl And Polyfluoroalkyl Substances
NEW STATUS: House message: House passed bill in concurrence with proposal(s) of amendment (04/12/24)
This bill proposes to (1) prohibit the manufacture, sale, and distribution in Vermont of cosmetic and menstrual products containing certain chemicals and chemical classes; (2) prohibit the manufacture, sale, and distribution in Vermont of textiles containing perfluoroalkyl and polyfluoroalkyl substances; and (3) prohibit the installation of any new athletic turf field containing perfluoroalkyl and polyfluoroalkyl substances.
House Human Services Proposed Amendment
Language from S.197, An act relating to restricting perfluoroalkyl and polyfluoroalkyl substances in consumer products has been added to S.25.
Sections pertaining to agriculture:
- The Agency of Natural Resources shall obtain input on its recommendation from interested parties, including those that represent environmental, agricultural, and industry interests. They have said that they will ask for input from the Agency of Agriculture. We expect to follow this study process along with other stakeholders.
- On or before November 1, 2024, the Agency of Natural Resources shall submit an implementation plan developed pursuant to this section and corresponding draft legislation to the House Committees on Environment and Energy and on Human Services and the Senate Committees on Health and Welfare and on Natural Resources and Energy.
- For the purposes of this section, “consumer products” includes restricted and nonrestricted use pesticides.
Monitor - S 102 - An Act Relating To Expanding Employment Protections And Collective Bargaining Rights
Read first time and referred to the Committee on General and Housing (04/05/23)
This bill proposes to establish a good cause standard for termination of employment, require employers to provide severance pay to terminated employees, and permit employees or representative organizations to bring an enforcement action on behalf of the State for violations of the good cause termination requirement. This bill also proposes to prohibit employers from taking adverse employment actions against an employee in relation to the employee's exercise of free speech rights. This bill also proposes to permit agricultural and domestic workers to collectively bargain and to permit employees to elect a collective bargaining representative through card check elections.
House General & Housing considered the bill this week and heard testimony from the VT Attorney General's Office. The committee intends on passing the bill but will consider amendments and hear from anyone that would like to testify. The committee is also considering attaching H.858, An act relating to permitting Assistant Attorneys General to collectively bargain
Does VDPA want to testify on the bill? The agricultural workers exemption language was struck in the Senate. This means that under the bill agricultural workers would have the right to protections under collective bargaining.
S 213 - An Act Relating To The Regulation Of Wetlands, River Corridor Development, And Dam Safety
Read first time and referred to the Committee on Environment and Energy (03/26/24)
This bill proposes to amend provisions related to wetlands, river corridor development, and dam safety. The bill would establish as State policy that wetlands shall be regulated and managed to produce a net gain of wetlands acreage. The Secretary of Natural Resources would be required to amend wetlands rules to incorporate the net gain policy. The bill would require the Vermont Significant Wetlands Inventory maps to be updated and revised annually. The bill would also require amendment to the existing Vermont Flood Hazard Area and River Corridor Rule to adopt requirements for issuing and enforcing permits for development within a flood hazard area or a mapped river corridor in the State. In addition, the bill would amend the Unsafe Dam Revolving Fund to be the Dam Safety Revolving Fund to provide loans for emergency and nonemergency funding of dam repair. The bill also provides that the owner of a dam or the owner of land on which a dam is located shall be held strictly, jointly, and severally liable for harm caused by the breach of a dam, provided that the dam has been classified as a significant or high hazard potential dam or the person who owns legal title to a dam or the owner of land on which a dam is located is not in full compliance with dam safety rules.
S 301 - An Act Relating To Miscellaneous Agricultural Subjects
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (04/04/24)
This bill proposes to make multiple miscellaneous changes to agricultural statutes. The bill would amend the requirements for the Vermont Seeding and Filter Strip Program. The bill also would amend the licensing requirements for agricultural warehouses. In addition, the bill would amend livestock dealer licensing requirements. The bill also amends eligibility requirements for financial assistance from the Vermont Agricultural Credit Corporation.
SUMMARY:
Agricultural Water Quality
- Amends Vermont seeding and filter strip program, allowing the Secretary of Agriculture to develop a program compensating farmers for establishing and maintaining grassed waterways and filter strips on cropland.
- Amends licensing requirements for public warehouses storing farm products, including dairy, eggs, meat, poultry, and produce, and sets licensing fees.
- Amends definitions and licensing requirements for milk handlers, establishing fees based on the volume of milk or dairy products handled annually.
- Establishes licensing requirements for various entities involved in meat, meat food products, or poultry products, including commercial processors and distributors.
- Amends definitions related to livestock dealing, clarifying exemptions and licensing requirements for livestock dealers, packers, and transporters.
- Amends definitions related to contagious diseases and animal movement, outlining rules and regulations for disease control and eradication, including testing of captive deer.
- Amends rules related to mosquito control, grants, and pesticide use, including restrictions and approvals for rodenticides and larvicides. It mandates the Secretary to register second-generation anticoagulant rodenticides as restricted use pesticides if they are distributed or sold within the state
- Amends the creation and definitions of the Vermont Agricultural Credit Program, providing alternative credit sources for farmers and forest product businesses.
- Amends loan eligibility standards for farmers, forest product businesses, and other entities, outlining residency and ownership requirements.
S 311 - An Act Relating To Bringing Everyone Home
Committed to Committee on Natural Resources and Energy with report of Committee on Economic Development, Housing and General Affairs intact, under suspension of Senate Rule 49, on motion of Senator Baruth Committee Bill for Second Reading (02/20/24)
This bill proposes to make multiple changes related to housing, including land use planning, Act 250, municipal zoning, taxes, and housing incentives and programs.
H 877 - An Act Relating To Miscellaneous Agricultural Subjects
Read 1st time & referred to Committee on Agriculture (03/28/24)
This bill proposes to make multiple miscellaneous changes to agricultural statutes. The bill would amend eligibility requirements for the Farm Agronomic Practices Program. The bill would adopt additional national standards under the weights and measures standards. In addition, the bill would amend how training can be provided for certified pesticide applicators. The bill would also amend provisions related to mosquito control and provisions related to the regulation of fertilizer, limes, plant amendment, plant biostimulants, and soil amendments.
This bill is largely technical in nature, however, there is a change to the pesticide training and certification program in AAFM. The Agency wants to have the ability to contract with a third-party vendor to administer pesticide examinations through a remote program. The Agency may also charge an additional fee to applicants who prefer to utilize the electronic or alternate testing service for pesticide certification or licensing examinations. AAFM will still administer in person examinations that do not include an additional fee.
In addition, the bill as passed by the House would:
- Expand eligibility requirements for the Farm Agronomic Practices Program to provide financial assistance to Vermont farms for implementing soil-based practices that enhance soil quality, nutrient retention, crop production, and reduce agricultural waste discharges.
- Define terms related to livestock and poultry transportation and testing.
- Adopt additional national weights and measures standards
- Change regulation of fertilizer, limes, plant and soil amendments, and plant biostimulants
The Senate Committee on Agriculture has not started work on this yet, it will likely be the last bill the committee will pass out for the year. We expect this bill to have language added and become a "Christmas tree" once the committee begins their work.
S 258 - An Act Relating To The Management Of Fish And Wildlife
Read first time and referred to the Committee on Environment and Energy (03/28/24)
This bill proposes to transfer the authority to adopt rules for the taking of fish, wildlife, and fur-bearing animals from the Fish and Wildlife Board to the Department of Fish and Wildlife. The bill would also amend the authority of the Fish and Wildlife Board so that it serves in an advisory capacity to the Department of Fish and Wildlife. In addition, the bill would prohibit the hunting of coyote with dogs.
Week 12 of the Vermont Legislative Session – March 29, 2024
Legislators spent many long days this week debating bills in their respective chambers, a few had some hefty drama to go along with it. Meanwhile, Governor Scott restated his disappointment with the Legislature. It’s a rinse and repeat commentary that has been consistent this year. The volume of bills that need an appropriation (best said by ABBA, money, money, money, must be funny, in the rich man’s world!) and the priorities of legislators for the state budget is setting up a whirlwind of turmoil for the end of the session. If you look at the overall FY25 budget, the spending is only slightly higher than the Governors’ recommended budget. However, it is how spending has been allocated. A common theme this session is passing legislation that will go into effect and require revenue a year or more after passage. Thus, not increasing spending in the next budget year.
Other proposals that have irked the Governor relate to raising corporate income taxes and personal income taxes on Vermonters earning more than $500,000 annually. In addition, the House is proposing to double the property transfer tax on homes over $600,000, increase the top marginal income tax rate to 11.75 percent, and increase corporate taxes from 8.5 to 10 percent, and add back currently deductible corporate income. If all proposals make it through the budget process, the tax increases are almost $500 million. OUCH.
A very controversial bill, H.687, was debated by the House this week and has been touted as having the most significant changes to Act 250 and land use laws that intend to benefit Vermont in the foreseeable future. The bill was worked on in committee for 10 weeks and was brought to the floor for debate by the House Environment & Energy Committee. It had a mountain of over a dozen amendments tacked on. All but one amendment was accepted in anticipation of making the bill better. A bill that has 10 provisions or tweaks had many scratching their heads as to how much the committee understood the bill and probable ramifications. The bill has yet to be considered in the Senate.
There are murmurs about Senate morning committees pulling down the blinds for the session by April 12th to adjourn the 2024 session, as scheduled, by May 10th. Let’s shut ‘r down!
H 687 - An Act Relating To Community Resilience And Biodiversity Protection Through Land Use
NEW STATUS: Read third time and passed Action Calendar: Third reading (03/28/24)
This bill proposes to make multiple changes to the State land use and development law, known as Act 250. It would also make changes to the regional plans and municipal plans.
The House passed a bill that would relax Act 250’s reach in some municipalities, allowing new development to proceed without triggering review under the state law. It also would direct a process for mapping out new “critical natural resource” areas, or places deemed so ecologically sensitive that putting a shovel in the ground would trigger Act 250. The bill would overhaul the current body that oversees the administration of Act 250, replacing it with a professionalized board that would take up appeals to Act 250 decisions instead of a judge.
Municipalities could apply a development status:
S 213 - An Act Relating To The Regulation Of Wetlands, River Corridor Development, And Dam Safety
NEW STATUS: Read first time and referred to the Committee on Environment and Energy (03/26/24)
This bill proposes to amend provisions related to wetlands, river corridor development, and dam safety. The bill would establish as State policy that wetlands shall be regulated and managed to produce a net gain of wetlands acreage. The Secretary of Natural Resources would be required to amend wetlands rules to incorporate the net gain policy. The bill would require the Vermont Significant Wetlands Inventory maps to be updated and revised annually. The bill would also require amendment to the existing Vermont Flood Hazard Area and River Corridor Rule to adopt requirements for issuing and enforcing permits for development within a flood hazard area or a mapped river corridor in the State. In addition, the bill would amend the Unsafe Dam Revolving Fund to be the Dam Safety Revolving Fund to provide loans for emergency and nonemergency funding of dam repair. The bill also provides that the owner of a dam or the owner of land on which a dam is located shall be held strictly, jointly, and severally liable for harm caused by the breach of a dam, provided that the dam has been classified as a significant or high hazard potential dam or the person who owns legal title to a dam or the owner of land on which a dam is located is not in full compliance with dam safety rules.
This bill creates new regulations for the states river systems, wetlands, and dams in response to last summer’s flooding. The bill requires Vermonters to obtain a state permit to build in a river corridor, which includes the river itself and surrounding land where water can flow during flooding. The legislation directs the state to ensure that there is a net increase of wetlands during development to restore twice as much. It would also expand the states power to improve dam safety. The permitting process would start in 2028.
The thought behind the bill was to have the state government manage the river systems rather than municipalities. This bill faces a likely veto and the House may begin work on this bill next week. The Governor has signaled his dislike for this bill as it has come out of the Senate.
S 301 - An Act Relating To Miscellaneous Agricultural Subjects
NEW STATUS: New Business/Third Reading (04/02/24)
This bill proposes to make multiple miscellaneous changes to agricultural statutes. The bill would amend the requirements for the Vermont Seeding and Filter Strip Program. The bill also would amend the licensing requirements for agricultural warehouses. In addition, the bill would amend livestock dealer licensing requirements. The bill also amends eligibility requirements for financial assistance from the Vermont Agricultural Credit Corporation.
SUMMARY:
Agricultural Water Quality
Amends Vermont seeding and filter strip program, allowing the Secretary of Agriculture to develop a program compensating farmers for establishing and maintaining grassed waterways and filter strips on cropland.
Agricultural Warehouses
Amends licensing requirements for public warehouses storing farm products, including dairy, eggs, meat, poultry, and produce, and sets licensing fees.
Milk Handling
Amends definitions and licensing requirements for milk handlers, establishing fees based on the volume of milk or dairy products handled annually.
Public Warehouse Licensing
Establishes licensing requirements for various entities involved in meat, meat food products, or poultry products, including commercial processors and distributors.
Livestock Dealers
Amends definitions related to livestock dealing, clarifying exemptions and licensing requirements for livestock dealers, packers, and transporters.
Contagious Diseases and Animal Movement
Amends definitions related to contagious diseases and animal movement, outlining rules and regulations for disease control and eradication, including testing of captive deer.
Pesticides; Mosquito Control; Rodenticides
Amends rules related to mosquito control, grants, and pesticide use, including restrictions and approvals for rodenticides and larvicides. It mandates the Secretary to register second-generation anticoagulant rodenticides as restricted use pesticides if they are distributed or sold within the state
Vermont Agricultural Credit Program
Amends the creation and definitions of the Vermont Agricultural Credit Program, providing alternative credit sources for farmers and forest product businesses.
Loan Eligibility Standards
Amends loan eligibility standards for farmers, forest product businesses, and other entities, outlining residency and ownership requirements.
S 25 - An Act Relating To Regulating Cosmetic And Menstrual Products Containing Certain Chemicals And Chemical Classes And Textiles And Athletic Turf Fields Containing Perfluoroalkyl And Polyfluoroalkyl Substances
Read first time and referred to the Committee on Human Services (04/07/23)
This bill proposes to (1) prohibit the manufacture, sale, and distribution in Vermont of cosmetic and menstrual products containing certain chemicals and chemical classes; (2) prohibit the manufacture, sale, and distribution in Vermont of textiles containing perfluoroalkyl and polyfluoroalkyl substances; and (3) prohibit the installation of any new athletic turf field containing perfluoroalkyl and polyfluoroalkyl substances.
Language from S.197, An act relating to restricting perfluoroalkyl and polyfluoroalkyl substances in consumer products has been added to S.25
S 311 - An Act Relating To Bringing Everyone Home
Committed to Committee on Natural Resources and Energy with report of Committee on Economic Development, Housing and General Affairs intact, under suspension of Senate Rule 49, on motion of Senator Baruth Committee Bill for Second Reading (02/20/24)
This bill proposes to make multiple changes related to housing, including land use planning, Act 250, municipal zoning, taxes, and housing incentives and programs.
The Senate Natural Resources Committee has been working their way through the list of those that testified in Economic Development & Housing.
Oppose - H 706 - An Act Relating To Banning The Use Of Neonicotinoid Pesticides
NEW STATUS: Read 1st time & referred to Committee on Agriculture (03/27/24)
This bill proposes to prohibit the sale, offer for sale or use, distribution, or use of any neonicotinoid treated article seed for soybeans or for any crop in the cereal grains crop group. The bill would also prohibit the application or treatment with a neonicotinoid pesticide for multiple other uses.
The Senate Agriculture committee has asked VDPA members to testify on April 10th. We will also be having a VDPA Day at the Statehouse that day in order for members to speak with their legislators.
H 877 - An Act Relating To Miscellaneous Agricultural Subjects
NEW STATUS: Read 1st time & referred to Committee on Agriculture (03/28/24)
This bill proposes to make multiple miscellaneous changes to agricultural statutes. The bill would amend eligibility requirements for the Farm Agronomic Practices Program. The bill would adopt additional national standards under the weights and measures standards. In addition, the bill would amend how training can be provided for certified pesticide applicators. The bill would also amend provisions related to mosquito control and provisions related to the regulation of fertilizer, limes, plant amendment, plant biostimulants, and soil amendments.
This bill is largely technical in nature, however, there is a change to the pesticide training and certification program in AAFM. The Agency wants to have the ability to contract with a third-party vendor to administer pesticide examinations through a remote program. The Agency may also charge an additional fee to applicants who prefer to utilize the electronic or alternate testing service for pesticide certification or licensing examinations. AAFM will still administer in person examinations that do not include an additional fee.
In addition, the bill as passed by the House would:
S 258 - An Act Relating To The Management Of Fish And Wildlife
NEW STATUS: Read first time and referred to the Committee on Environment and Energy (03/28/24)
This bill proposes to transfer the authority to adopt rules for the taking of fish, wildlife, and fur-bearing animals from the Fish and Wildlife Board to the Department of Fish and Wildlife. The bill would also amend the authority of the Fish and Wildlife Board so that it serves in an advisory capacity to the Department of Fish and Wildlife. In addition, the bill would prohibit the hunting of coyote with dogs.
This bill has become a point of contention for the Senate and the Governor has signaled his dislike for it.
H 81 - An Act Relating To Fair Repair Of Agricultural Equipment
Committee on Economic Development, Housing and General Affairs relieved; bill committed to Committee on Agriculture on motion of Senator Ram Hinsdale (02/09/24)
This bill proposes to ensure the fair repair of agricultural equipment.
This bill has no deadline so we will continue to monitor.
S 308 - An Act Relating To Updates To Land Use Planning
Committed to Committee on Natural Resources and Energy on motion of Senator Bray Committee bill read first time & placed on Notice Calendar per Senate Rule 48 (01/31/24)
This bill proposes to make multiple changes to the State's land use planning processes, including Act 250 permit appeals, regional plan future land use maps, and the Designated Areas.
S 197 - An Act Relating To Restricting Perfluoroalkyl And Polyfluoroalkyl Substances In Consumer Products
Read first time and referred to the Committee on Human Services (03/20/24)
This bill proposes to restrict the procurement of certain products containing PFAS by school districts and municipal and State government. It would also require the Department of Health to establish a registry to monitor adverse health conditions and diseases that may be attributable to PFAS exposure. This bill proposes to require the Department of Health to issue a public health advisory regarding the presence of PFAS in drinking water. It further proposes to restrict perfluoroalkyl and polyfluoroalkyl substances as ingredients in pesticides. The bill also proposes to restrict the use of pesticides that have been stored, distributed, or packaged in a fluorinated, high-density polyethylene container that has a perfluoroalkyl and polyfluoroalkyl substance content exceeding 20 parts per trillion.
The latest draft of this bill is a strike all, that asks The Agency of Natural Resources, in consultation with the Agency of Agriculture, Food and Markets; the Department of Health; and the Office of the Attorney General shall propose a program requiring the State to identify and restrict the sale and distribution of consumer products containing perfluoroalkyl and polyfluoroalkyl substances (PFAS) that could impact public health and the environment. The sections surrounding pesticides has been removed, at the recommendation of the Senate Agriculture committee.
The bill as passed by the Senate, was added into S.25 this week. We will continue to monitor.
Legislators spent many long days this week debating bills in their respective chambers, a few had some hefty drama to go along with it. Meanwhile, Governor Scott restated his disappointment with the Legislature. It’s a rinse and repeat commentary that has been consistent this year. The volume of bills that need an appropriation (best said by ABBA, money, money, money, must be funny, in the rich man’s world!) and the priorities of legislators for the state budget is setting up a whirlwind of turmoil for the end of the session. If you look at the overall FY25 budget, the spending is only slightly higher than the Governors’ recommended budget. However, it is how spending has been allocated. A common theme this session is passing legislation that will go into effect and require revenue a year or more after passage. Thus, not increasing spending in the next budget year.
Other proposals that have irked the Governor relate to raising corporate income taxes and personal income taxes on Vermonters earning more than $500,000 annually. In addition, the House is proposing to double the property transfer tax on homes over $600,000, increase the top marginal income tax rate to 11.75 percent, and increase corporate taxes from 8.5 to 10 percent, and add back currently deductible corporate income. If all proposals make it through the budget process, the tax increases are almost $500 million. OUCH.
A very controversial bill, H.687, was debated by the House this week and has been touted as having the most significant changes to Act 250 and land use laws that intend to benefit Vermont in the foreseeable future. The bill was worked on in committee for 10 weeks and was brought to the floor for debate by the House Environment & Energy Committee. It had a mountain of over a dozen amendments tacked on. All but one amendment was accepted in anticipation of making the bill better. A bill that has 10 provisions or tweaks had many scratching their heads as to how much the committee understood the bill and probable ramifications. The bill has yet to be considered in the Senate.
There are murmurs about Senate morning committees pulling down the blinds for the session by April 12th to adjourn the 2024 session, as scheduled, by May 10th. Let’s shut ‘r down!
H 687 - An Act Relating To Community Resilience And Biodiversity Protection Through Land Use
NEW STATUS: Read third time and passed Action Calendar: Third reading (03/28/24)
This bill proposes to make multiple changes to the State land use and development law, known as Act 250. It would also make changes to the regional plans and municipal plans.
The House passed a bill that would relax Act 250’s reach in some municipalities, allowing new development to proceed without triggering review under the state law. It also would direct a process for mapping out new “critical natural resource” areas, or places deemed so ecologically sensitive that putting a shovel in the ground would trigger Act 250. The bill would overhaul the current body that oversees the administration of Act 250, replacing it with a professionalized board that would take up appeals to Act 250 decisions instead of a judge.
Municipalities could apply a development status:
- Tier 1A status that would grant areas full exemption from Act 250 review — if the cities and towns can show they meet requirements like zoning bylaws, water and sewer capacity that can accommodate more development, wildlife habitat planning rules, and adequate capacity to review development locally.
- Tier 1B would need to meet a shorter list of qualifications, and would be mapped by Regional Planning Commissions for housing projects with 50 units or fewer on 10 acres or less would bypass Act 250 review.
- Tier 2 would constitute the majority of the state, according to the bill’s authors. There, Act 250 jurisdiction would remain mostly the same as now, except for a newly established road rule: Act 250 review would kick in for private road construction over 800 feet. The bill directs a report to flesh out the details of this tier.
- Tier 3 jurisdiction under Act 250 would become automatic, this could include any “critical natural resource" like “river corridors, headwaters streams” or “habitat connectors with Statewide significance” — and instead directs a newly-established Environmental Review Board to establish a process for mapping out these places.
S 213 - An Act Relating To The Regulation Of Wetlands, River Corridor Development, And Dam Safety
NEW STATUS: Read first time and referred to the Committee on Environment and Energy (03/26/24)
This bill proposes to amend provisions related to wetlands, river corridor development, and dam safety. The bill would establish as State policy that wetlands shall be regulated and managed to produce a net gain of wetlands acreage. The Secretary of Natural Resources would be required to amend wetlands rules to incorporate the net gain policy. The bill would require the Vermont Significant Wetlands Inventory maps to be updated and revised annually. The bill would also require amendment to the existing Vermont Flood Hazard Area and River Corridor Rule to adopt requirements for issuing and enforcing permits for development within a flood hazard area or a mapped river corridor in the State. In addition, the bill would amend the Unsafe Dam Revolving Fund to be the Dam Safety Revolving Fund to provide loans for emergency and nonemergency funding of dam repair. The bill also provides that the owner of a dam or the owner of land on which a dam is located shall be held strictly, jointly, and severally liable for harm caused by the breach of a dam, provided that the dam has been classified as a significant or high hazard potential dam or the person who owns legal title to a dam or the owner of land on which a dam is located is not in full compliance with dam safety rules.
This bill creates new regulations for the states river systems, wetlands, and dams in response to last summer’s flooding. The bill requires Vermonters to obtain a state permit to build in a river corridor, which includes the river itself and surrounding land where water can flow during flooding. The legislation directs the state to ensure that there is a net increase of wetlands during development to restore twice as much. It would also expand the states power to improve dam safety. The permitting process would start in 2028.
The thought behind the bill was to have the state government manage the river systems rather than municipalities. This bill faces a likely veto and the House may begin work on this bill next week. The Governor has signaled his dislike for this bill as it has come out of the Senate.
S 301 - An Act Relating To Miscellaneous Agricultural Subjects
NEW STATUS: New Business/Third Reading (04/02/24)
This bill proposes to make multiple miscellaneous changes to agricultural statutes. The bill would amend the requirements for the Vermont Seeding and Filter Strip Program. The bill also would amend the licensing requirements for agricultural warehouses. In addition, the bill would amend livestock dealer licensing requirements. The bill also amends eligibility requirements for financial assistance from the Vermont Agricultural Credit Corporation.
SUMMARY:
Agricultural Water Quality
Amends Vermont seeding and filter strip program, allowing the Secretary of Agriculture to develop a program compensating farmers for establishing and maintaining grassed waterways and filter strips on cropland.
Agricultural Warehouses
Amends licensing requirements for public warehouses storing farm products, including dairy, eggs, meat, poultry, and produce, and sets licensing fees.
Milk Handling
Amends definitions and licensing requirements for milk handlers, establishing fees based on the volume of milk or dairy products handled annually.
Public Warehouse Licensing
Establishes licensing requirements for various entities involved in meat, meat food products, or poultry products, including commercial processors and distributors.
Livestock Dealers
Amends definitions related to livestock dealing, clarifying exemptions and licensing requirements for livestock dealers, packers, and transporters.
Contagious Diseases and Animal Movement
Amends definitions related to contagious diseases and animal movement, outlining rules and regulations for disease control and eradication, including testing of captive deer.
Pesticides; Mosquito Control; Rodenticides
Amends rules related to mosquito control, grants, and pesticide use, including restrictions and approvals for rodenticides and larvicides. It mandates the Secretary to register second-generation anticoagulant rodenticides as restricted use pesticides if they are distributed or sold within the state
Vermont Agricultural Credit Program
Amends the creation and definitions of the Vermont Agricultural Credit Program, providing alternative credit sources for farmers and forest product businesses.
Loan Eligibility Standards
Amends loan eligibility standards for farmers, forest product businesses, and other entities, outlining residency and ownership requirements.
S 25 - An Act Relating To Regulating Cosmetic And Menstrual Products Containing Certain Chemicals And Chemical Classes And Textiles And Athletic Turf Fields Containing Perfluoroalkyl And Polyfluoroalkyl Substances
Read first time and referred to the Committee on Human Services (04/07/23)
This bill proposes to (1) prohibit the manufacture, sale, and distribution in Vermont of cosmetic and menstrual products containing certain chemicals and chemical classes; (2) prohibit the manufacture, sale, and distribution in Vermont of textiles containing perfluoroalkyl and polyfluoroalkyl substances; and (3) prohibit the installation of any new athletic turf field containing perfluoroalkyl and polyfluoroalkyl substances.
Language from S.197, An act relating to restricting perfluoroalkyl and polyfluoroalkyl substances in consumer products has been added to S.25
S 311 - An Act Relating To Bringing Everyone Home
Committed to Committee on Natural Resources and Energy with report of Committee on Economic Development, Housing and General Affairs intact, under suspension of Senate Rule 49, on motion of Senator Baruth Committee Bill for Second Reading (02/20/24)
This bill proposes to make multiple changes related to housing, including land use planning, Act 250, municipal zoning, taxes, and housing incentives and programs.
The Senate Natural Resources Committee has been working their way through the list of those that testified in Economic Development & Housing.
Oppose - H 706 - An Act Relating To Banning The Use Of Neonicotinoid Pesticides
NEW STATUS: Read 1st time & referred to Committee on Agriculture (03/27/24)
This bill proposes to prohibit the sale, offer for sale or use, distribution, or use of any neonicotinoid treated article seed for soybeans or for any crop in the cereal grains crop group. The bill would also prohibit the application or treatment with a neonicotinoid pesticide for multiple other uses.
The Senate Agriculture committee has asked VDPA members to testify on April 10th. We will also be having a VDPA Day at the Statehouse that day in order for members to speak with their legislators.
H 877 - An Act Relating To Miscellaneous Agricultural Subjects
NEW STATUS: Read 1st time & referred to Committee on Agriculture (03/28/24)
This bill proposes to make multiple miscellaneous changes to agricultural statutes. The bill would amend eligibility requirements for the Farm Agronomic Practices Program. The bill would adopt additional national standards under the weights and measures standards. In addition, the bill would amend how training can be provided for certified pesticide applicators. The bill would also amend provisions related to mosquito control and provisions related to the regulation of fertilizer, limes, plant amendment, plant biostimulants, and soil amendments.
This bill is largely technical in nature, however, there is a change to the pesticide training and certification program in AAFM. The Agency wants to have the ability to contract with a third-party vendor to administer pesticide examinations through a remote program. The Agency may also charge an additional fee to applicants who prefer to utilize the electronic or alternate testing service for pesticide certification or licensing examinations. AAFM will still administer in person examinations that do not include an additional fee.
In addition, the bill as passed by the House would:
- Expanding eligibility requirements for the Farm Agronomic Practices Program to provide financial assistance to Vermont farms for implementing soil-based practices that enhance soil quality, nutrient retention, crop production, and reduce agricultural waste discharges.
- Defines terms related to livestock and poultry transportation and testing.
- Adopting additional national weights and measures standards
- Changing regulation of fertilizer, limes, plant and soil amendments, and plant biostimulants
S 258 - An Act Relating To The Management Of Fish And Wildlife
NEW STATUS: Read first time and referred to the Committee on Environment and Energy (03/28/24)
This bill proposes to transfer the authority to adopt rules for the taking of fish, wildlife, and fur-bearing animals from the Fish and Wildlife Board to the Department of Fish and Wildlife. The bill would also amend the authority of the Fish and Wildlife Board so that it serves in an advisory capacity to the Department of Fish and Wildlife. In addition, the bill would prohibit the hunting of coyote with dogs.
This bill has become a point of contention for the Senate and the Governor has signaled his dislike for it.
H 81 - An Act Relating To Fair Repair Of Agricultural Equipment
Committee on Economic Development, Housing and General Affairs relieved; bill committed to Committee on Agriculture on motion of Senator Ram Hinsdale (02/09/24)
This bill proposes to ensure the fair repair of agricultural equipment.
This bill has no deadline so we will continue to monitor.
S 308 - An Act Relating To Updates To Land Use Planning
Committed to Committee on Natural Resources and Energy on motion of Senator Bray Committee bill read first time & placed on Notice Calendar per Senate Rule 48 (01/31/24)
This bill proposes to make multiple changes to the State's land use planning processes, including Act 250 permit appeals, regional plan future land use maps, and the Designated Areas.
S 197 - An Act Relating To Restricting Perfluoroalkyl And Polyfluoroalkyl Substances In Consumer Products
Read first time and referred to the Committee on Human Services (03/20/24)
This bill proposes to restrict the procurement of certain products containing PFAS by school districts and municipal and State government. It would also require the Department of Health to establish a registry to monitor adverse health conditions and diseases that may be attributable to PFAS exposure. This bill proposes to require the Department of Health to issue a public health advisory regarding the presence of PFAS in drinking water. It further proposes to restrict perfluoroalkyl and polyfluoroalkyl substances as ingredients in pesticides. The bill also proposes to restrict the use of pesticides that have been stored, distributed, or packaged in a fluorinated, high-density polyethylene container that has a perfluoroalkyl and polyfluoroalkyl substance content exceeding 20 parts per trillion.
The latest draft of this bill is a strike all, that asks The Agency of Natural Resources, in consultation with the Agency of Agriculture, Food and Markets; the Department of Health; and the Office of the Attorney General shall propose a program requiring the State to identify and restrict the sale and distribution of consumer products containing perfluoroalkyl and polyfluoroalkyl substances (PFAS) that could impact public health and the environment. The sections surrounding pesticides has been removed, at the recommendation of the Senate Agriculture committee.
The bill as passed by the Senate, was added into S.25 this week. We will continue to monitor.
Week 11 of the Vermont Legislative Session – March 22, 2024
Crossover and Bills Winding Down
A bill that did meet the crossover deadline will make the “Bears Head Tooth” the State mushroom. Just a handful of years ago, the Gilfeather Turnip became the state vegetable. So, it’s not all that uncommon to have the mushroom join the maple leaf, red clover, and the hermit thrush as representatives of Vermont.
The bill debate didn’t mushroom into many questions about why this fungi vs another presumably because the House and Senate were meeting for extra-long floor sessions to move bills to the opposite Chamber and not delay a projected May 10th adjournment.
Bills of note that are on that are moving include the Annual FY25 Transportation Budget bill, the creation of the Vermont-Ireland Trade Commission, the Renewable Energy Standard, Enhancing Consumer Privacy, Pharmacy Benefit Management, Disclosure of compensation in job advertisements, banning the use of neonicotinoids, and many other constituent bills that were requested. Next week the budget and funding bill will be debated in both the House and Senate.
The bill that was the most controversial so far, would make numerous changes to the Renewable Energy Standard (RES). S.289 would require that most retail electricity providers’ annual load be comprised of 100 percent renewable energy by January 1, 2030. After looking closer at the overall costs of implementing the bill more thoroughly, the Joint Fiscal Office (JFO) has revised downward its February estimates of those impacts, which were based on a Department of Public Service (DPS). JFO now estimates the overall costs to be between $150 million and $450 million, down from the original $1 billion estimate from the DPS. However, considerable uncertainty regarding the overall cost and impact on the State budget remains, but estimates are in the range of $198,500 and $595,500. The only way for utilities to meet the RES is to either construct renewable energy for their portfolio or to buy renewable energy credits. The credits would be a hidden cost in Vermonter’s utility rates. Just what everyone has come to expect from the legislature lately, less and less transparency although that is a message they shout out loud during campaign season. We’ll see what happens when the bill plops itself in the Senate Committees for consideration.
A popular question in an election year, will the Legislature challenge all the Gubernatorial Veto’s? Earlier in the week, Governor Scott was a guest on a local radio station and was asked about S.18, the flavored tobacco Ban. He gave this as part of his answer, "S.18, given the 53 votes in the House, that would sustain a veto." Governor Scott continues to question what was in the bill and what is the anticipated revenue loss. The Governor also noted that the State “promotes” flavored alcohol and cannabis gummies in every flavor combination one could imagine. He went on to make the point that these products are meant for adults, age 21 or over, and in a year of very tight budgets, $17-$30 million in lost revenue is very concerning. He then talked about the financial implications that are anywhere between $17 to $30 million a year in lost revenue. When asked outright if he would veto the bill, his answer was “I am very, very concerned about this bill.” This is only one of over a handful of votes that appear to not have the support of the Governor. This will make a mid-June veto session interesting and delay campaign season which typically would start the day after the session adjourns.
H 687 - An Act Relating To Community Resilience And Biodiversity Protection Through Land Use
NEW STATUS: Notice Calendar: Favorable with amendment (03/22/24)
This bill proposes to make multiple changes to the State land use and development law, known as Act 250. It would also make changes to the regional plans and municipal plans.
As passed by the Committee | Bill Summary
S 258 - An Act Relating To The Management Of Fish And Wildlife
NEW STATUS: New Business/Third Reading (03/26/24)
This bill proposes to transfer the authority to adopt rules for the taking of fish, wildlife, and fur-bearing animals from the Fish and Wildlife Board to the Department of Fish and Wildlife. The bill would also amend the authority of the Fish and Wildlife Board so that it serves in an advisory capacity to the Department of Fish and Wildlife. In addition, the bill would prohibit the hunting of coyote with dogs.
Bill passed out of Senate Natural Resources by a vote of 4-0-1. The Senate committee on Appropriations passed the bill, however it was noted that there would be an amendment with substantial changes presented on the floor. We will continue to watch next week.
This bill has become a point of contention for the Senate and the Governor has signaled his dislike for it.
As amended
S 301 - An Act Relating To Miscellaneous Agricultural Subjects
NEW STATUS: Favorable report by Committee on Finance
Favorable report with recommendation of amendment by Committee on Agriculture
Committee Bill for Second Reading
Entered on Notice Calendar (03/26/24)
This bill proposes to make multiple miscellaneous changes to agricultural statutes. The bill would amend the requirements for the Vermont Seeding and Filter Strip Program. The bill also would amend the licensing requirements for agricultural warehouses. In addition, the bill would amend livestock dealer licensing requirements. The bill also amends eligibility requirements for financial assistance from the Vermont Agricultural Credit Corporation.
The House Agriculture committee will start their work on this bill next week when they have more time in their committee.
SUMMARY:
Agricultural Water Quality
Amends Vermont seeding and filter strip program, allowing the Secretary of Agriculture to develop a program compensating farmers for establishing and maintaining grassed waterways and filter strips on cropland.
Agricultural Warehouses
Amends licensing requirements for public warehouses storing farm products, including dairy, eggs, meat, poultry, and produce, and sets licensing fees.
Milk Handling
Amends definitions and licensing requirements for milk handlers, establishing fees based on the volume of milk or dairy products handled annually.
Public Warehouse Licensing
Establishes licensing requirements for various entities involved in meat, meat food products, or poultry products, including commercial processors and distributors.
Livestock Dealers
Amends definitions related to livestock dealing, clarifying exemptions and licensing requirements for livestock dealers, packers, and transporters.
Contagious Diseases and Animal Movement
Amends definitions related to contagious diseases and animal movement, outlining rules and regulations for disease control and eradication, including testing of captive deer.
Pesticides; Mosquito Control; Rodenticides
Amends rules related to mosquito control, grants, and pesticide use, including restrictions and approvals for rodenticides and larvicides. It mandates the Secretary to register second-generation anticoagulant rodenticides as restricted use pesticides if they are distributed or sold within the state
Vermont Agricultural Credit Program
Amends the creation and definitions of the Vermont Agricultural Credit Program, providing alternative credit sources for farmers and forest product businesses.
Loan Eligibility Standards
Amends loan eligibility standards for farmers, forest product businesses, and other entities, outlining residency and ownership requirements.
H 877 - An Act Relating To Miscellaneous Agricultural Subjects
NEW STATUS: Third Reading ordered
Report of Committee on Ways and Means agreed to
Action Calendar: Favorable with Amendment (03/22/24)
This bill proposes to make multiple miscellaneous changes to agricultural statutes. The bill would amend eligibility requirements for the Farm Agronomic Practices Program. The bill would adopt additional national standards under the weights and measures standards. In addition, the bill would amend how training can be provided for certified pesticide applicators. The bill would also amend provisions related to mosquito control and provisions related to the regulation of fertilizer, limes, plant amendment, plant biostimulants, and soil amendments.
This bill is largely technical in nature, however, there is a change to the pesticide training and certification program in AAFM. The Agency wants to have the ability to contract with a third-party vendor to administer pesticide examinations through a remote program. The Agency may also charge an additional fee to applicants who prefer to utilize the electronic or alternate testing service for pesticide certification or licensing examinations. AAFM will still administer in person examinations that do not include an additional fee.
In addition, the bill as passed by the House would:
The bill passed the House floor and it will head to the Senate next week we believe that this bill will have provisions added to it in the Senate.
S 311 - An Act Relating To Bringing Everyone Home
Committed to Committee on Natural Resources and Energy with report of Committee on Economic Development, Housing and General Affairs intact, under suspension of Senate Rule 49, on motion of Senator Baruth
Committee Bill for Second Reading (02/20/24)
This bill proposes to make multiple changes related to housing, including land use planning, Act 250, municipal zoning, taxes, and housing incentives and programs.
The Senate Natural Resources Committee has been working their way through the list of those that testified in Economic Development & Housing.
H 606 - An Act Relating To Professional Licensure And Immigration Status
NEW STATUS: Read 1st time & referred to Committee on Government Operations (03/22/24)
This bill proposes to enable individuals who meet the requirements for professional licenses to be granted those licenses regardless of their immigration status or lack thereof.
Oppose - H 706 - An Act Relating To Banning The Use Of Neonicotinoid Pesticides
NEW STATUS: Read third time and passed
Action Calendar: Third reading (03/22/24)
This bill proposes to prohibit the sale, offer for sale or use, distribution, or use of any neonicotinoid treated article seed for soybeans or for any crop in the cereal grains crop group. The bill would also prohibit the application or treatment with a neonicotinoid pesticide for multiple other uses.
The House passed this vote by roll call and they will send it over to the Senate early next week. We expect to have a robust and open conversation with the Senate Agriculture committee. Organizing knowledgeable members to speak in front of committee is very important. We have spoken with some of the Senate Agriculture members to let them know the bill is coming and we are ready to be heard in their committee.
H 81 - An Act Relating To Fair Repair Of Agricultural Equipment
Committee on Economic Development, Housing and General Affairs relieved; bill committed to Committee on Agriculture on motion of Senator Ram Hinsdale (02/09/24)
This bill proposes to ensure the fair repair of agricultural equipment.
As of Friday, the Committee did not have the votes to get it out of committee. This bill has no deadline so we will continue to monitor.
H 128 - An Act Relating To Removing Regulatory Barriers For Working Lands Businesses
Rep. Durfee of Shaftsbury moved to commit the resolution to the Committee on Environment and Energy, which was agreed to
Rep. Durfee of Shaftsbury moved to commit resolution to the Committee on Environment and Energy, which was agreed to
Action Calendar: Favorable with Amendment (02/29/24)
This bill proposes to reduce the amount of mitigation wood products manufacturers need to do for primary agricultural soils. It proposes to exempt small forest product processors from needing an Act 250 permit. It proposes to make changes to the definition of accessory on-farm business and exempt those businesses from needing an Act 250 permit. It would require electric generation facilities with a capacity greater than 500kW to get an Act 250 permit.
This bill will not make it out of House Energy & Environment. Portions of the bill pertaining to "farm stands" may get put on H.687. We will be focusing on the miscellaneous agriculture bills to attach the remaining provisions.
H 626 - An Act Relating To Animal Welfare
NEW STATUS: Pending entry on Notice Calendar, referred to Committee on Appropriations per Rule 35(a) (03/20/24)
This bill proposes to establish the Division of Animal Welfare at the Department of Public Safety to develop, implement, and administer a centralized program for investigating and enforcing animal welfare requirements in the State. The bill would also amend or establish standards for the operation of animal shelters and animal rescue organizations. In addition, the bill would amend or establish requirements for the importation or transportation of animals into the State.
This bill creates a division of animal welfare within the Department of Public Safety and sets up a special Animal Welfare Fund. This creates a position for the Director of Animal Welfare, who will effectively stand up the new division. In order to fund this new division, the Animal Welfare Fund will receive 50% of the revenue collected from a surcharge on dog licenses, as well as some appropriations from the General Assembly. Additionally, fees are adjusted for license fees for dog, wolf-hybrid owners, with portions of these fees allocated to fund programs such as spaying and neutering initiatives and rabies control programs.
The bill will passed out of House Ways and Means but will have to go to Appropriations and it will head to the House floor next week.
S 213 - An Act Relating To The Regulation Of Wetlands, River Corridor Development, And Dam Safety
NEW STATUS: Read 3rd time & passed
New Business/Third Reading (03/21/24)
This bill proposes to amend provisions related to wetlands, river corridor development, and dam safety. The bill would establish as State policy that wetlands shall be regulated and managed to produce a net gain of wetlands acreage. The Secretary of Natural Resources would be required to amend wetlands rules to incorporate the net gain policy. The bill would require the Vermont Significant Wetlands Inventory maps to be updated and revised annually. The bill would also require amendment to the existing Vermont Flood Hazard Area and River Corridor Rule to adopt requirements for issuing and enforcing permits for development within a flood hazard area or a mapped river corridor in the State. In addition, the bill would amend the Unsafe Dam Revolving Fund to be the Dam Safety Revolving Fund to provide loans for emergency and nonemergency funding of dam repair. The bill also provides that the owner of a dam or the owner of land on which a dam is located shall be held strictly, jointly, and severally liable for harm caused by the breach of a dam, provided that the dam has been classified as a significant or high hazard potential dam or the person who owns legal title to a dam or the owner of land on which a dam is located is not in full compliance with dam safety rules.
This bill creates new regulations for the states river systems, wetlands, and dams in response to last summer’s flooding. The bill requires Vermonters to obtain a state permit to build in a river corridor, which includes the river itself and surrounding land where water can flow during flooding. The legislation directs the state to ensure that there is a net increase of wetlands during development to restore twice as much. It would also expand the states power to improve dam safety. The permitting process would start in 2028.
The thought behind the bill was to have the state government manage the river systems rather than municipalities. This bill faces a likely veto and the House may begin work on this bill next week. The Governor has signaled his dislike for this bill as it has come out of the Senate.
S 308 - An Act Relating To Updates To Land Use Planning
Committed to Committee on Natural Resources and Energy on motion of Senator Bray
Committee bill read first time & placed on Notice Calendar per Senate Rule 48 (01/31/24)
This bill proposes to make multiple changes to the State's land use planning processes, including Act 250 permit appeals, regional plan future land use maps, and the Designated Areas.
S 197 - An Act Relating To Restricting Perfluoroalkyl And Polyfluoroalkyl Substances In Consumer Products
NEW STATUS: Read first time and referred to the Committee on Human Services (03/20/24)
This bill proposes to restrict the procurement of certain products containing PFAS by school districts and municipal and State government. It would also require the Department of Health to establish a registry to monitor adverse health conditions and diseases that may be attributable to PFAS exposure. This bill proposes to require the Department of Health to issue a public health advisory regarding the presence of PFAS in drinking water. It further proposes to restrict perfluoroalkyl and polyfluoroalkyl substances as ingredients in pesticides. The bill also proposes to restrict the use of pesticides that have been stored, distributed, or packaged in a fluorinated, high-density polyethylene container that has a perfluoroalkyl and polyfluoroalkyl substance content exceeding 20 parts per trillion.
The House Human Services Committee began to review this bill this week, they plan to incorporate this bills language into another PFAS related bill, so it will be more efficient when passing this bill.
The latest draft of this bill is a strike all, that asks The Agency of Natural Resources, in consultation with the Agency of Agriculture, Food and Markets; the Department of Health; and the Office of the Attorney General shall propose a program requiring the State to identify and restrict the sale and distribution of consumer products containing perfluoroalkyl and polyfluoroalkyl substances (PFAS) that could impact public health and the environment. The sections surrounding pesticides has been removed, at the recommendation of the Senate Agriculture committee.
S 286 - An Act Relating To The Regulation Of Accessory On-farm Businesses
Read 1st time & referred to Committee on Natural Resources and Energy (01/17/24)
This bill proposes to provide that accessory on-farm businesses are not development that require a permit under Act 250.
Monitor - S 102 - An Act Relating To Expanding Employment Protections And Collective Bargaining Rights
Read first time and referred to the Committee on General and Housing (04/05/23)
This bill proposes to establish a good cause standard for termination of employment, require employers to provide severance pay to terminated employees, and permit employees or representative organizations to bring an enforcement action on behalf of the State for violations of the good cause termination requirement. This bill also proposes to prohibit employers from taking adverse employment actions against an employee in relation to the employee's exercise of free speech rights. This bill also proposes to permit agricultural and domestic workers to collectively bargain and to permit employees to elect a collective bargaining representative through card check elections.
Agricultural workers language was struck in the Senate.
Crossover and Bills Winding Down
A bill that did meet the crossover deadline will make the “Bears Head Tooth” the State mushroom. Just a handful of years ago, the Gilfeather Turnip became the state vegetable. So, it’s not all that uncommon to have the mushroom join the maple leaf, red clover, and the hermit thrush as representatives of Vermont.
The bill debate didn’t mushroom into many questions about why this fungi vs another presumably because the House and Senate were meeting for extra-long floor sessions to move bills to the opposite Chamber and not delay a projected May 10th adjournment.
Bills of note that are on that are moving include the Annual FY25 Transportation Budget bill, the creation of the Vermont-Ireland Trade Commission, the Renewable Energy Standard, Enhancing Consumer Privacy, Pharmacy Benefit Management, Disclosure of compensation in job advertisements, banning the use of neonicotinoids, and many other constituent bills that were requested. Next week the budget and funding bill will be debated in both the House and Senate.
The bill that was the most controversial so far, would make numerous changes to the Renewable Energy Standard (RES). S.289 would require that most retail electricity providers’ annual load be comprised of 100 percent renewable energy by January 1, 2030. After looking closer at the overall costs of implementing the bill more thoroughly, the Joint Fiscal Office (JFO) has revised downward its February estimates of those impacts, which were based on a Department of Public Service (DPS). JFO now estimates the overall costs to be between $150 million and $450 million, down from the original $1 billion estimate from the DPS. However, considerable uncertainty regarding the overall cost and impact on the State budget remains, but estimates are in the range of $198,500 and $595,500. The only way for utilities to meet the RES is to either construct renewable energy for their portfolio or to buy renewable energy credits. The credits would be a hidden cost in Vermonter’s utility rates. Just what everyone has come to expect from the legislature lately, less and less transparency although that is a message they shout out loud during campaign season. We’ll see what happens when the bill plops itself in the Senate Committees for consideration.
A popular question in an election year, will the Legislature challenge all the Gubernatorial Veto’s? Earlier in the week, Governor Scott was a guest on a local radio station and was asked about S.18, the flavored tobacco Ban. He gave this as part of his answer, "S.18, given the 53 votes in the House, that would sustain a veto." Governor Scott continues to question what was in the bill and what is the anticipated revenue loss. The Governor also noted that the State “promotes” flavored alcohol and cannabis gummies in every flavor combination one could imagine. He went on to make the point that these products are meant for adults, age 21 or over, and in a year of very tight budgets, $17-$30 million in lost revenue is very concerning. He then talked about the financial implications that are anywhere between $17 to $30 million a year in lost revenue. When asked outright if he would veto the bill, his answer was “I am very, very concerned about this bill.” This is only one of over a handful of votes that appear to not have the support of the Governor. This will make a mid-June veto session interesting and delay campaign season which typically would start the day after the session adjourns.
H 687 - An Act Relating To Community Resilience And Biodiversity Protection Through Land Use
NEW STATUS: Notice Calendar: Favorable with amendment (03/22/24)
This bill proposes to make multiple changes to the State land use and development law, known as Act 250. It would also make changes to the regional plans and municipal plans.
As passed by the Committee | Bill Summary
S 258 - An Act Relating To The Management Of Fish And Wildlife
NEW STATUS: New Business/Third Reading (03/26/24)
This bill proposes to transfer the authority to adopt rules for the taking of fish, wildlife, and fur-bearing animals from the Fish and Wildlife Board to the Department of Fish and Wildlife. The bill would also amend the authority of the Fish and Wildlife Board so that it serves in an advisory capacity to the Department of Fish and Wildlife. In addition, the bill would prohibit the hunting of coyote with dogs.
Bill passed out of Senate Natural Resources by a vote of 4-0-1. The Senate committee on Appropriations passed the bill, however it was noted that there would be an amendment with substantial changes presented on the floor. We will continue to watch next week.
This bill has become a point of contention for the Senate and the Governor has signaled his dislike for it.
As amended
S 301 - An Act Relating To Miscellaneous Agricultural Subjects
NEW STATUS: Favorable report by Committee on Finance
Favorable report with recommendation of amendment by Committee on Agriculture
Committee Bill for Second Reading
Entered on Notice Calendar (03/26/24)
This bill proposes to make multiple miscellaneous changes to agricultural statutes. The bill would amend the requirements for the Vermont Seeding and Filter Strip Program. The bill also would amend the licensing requirements for agricultural warehouses. In addition, the bill would amend livestock dealer licensing requirements. The bill also amends eligibility requirements for financial assistance from the Vermont Agricultural Credit Corporation.
The House Agriculture committee will start their work on this bill next week when they have more time in their committee.
SUMMARY:
Agricultural Water Quality
Amends Vermont seeding and filter strip program, allowing the Secretary of Agriculture to develop a program compensating farmers for establishing and maintaining grassed waterways and filter strips on cropland.
Agricultural Warehouses
Amends licensing requirements for public warehouses storing farm products, including dairy, eggs, meat, poultry, and produce, and sets licensing fees.
Milk Handling
Amends definitions and licensing requirements for milk handlers, establishing fees based on the volume of milk or dairy products handled annually.
Public Warehouse Licensing
Establishes licensing requirements for various entities involved in meat, meat food products, or poultry products, including commercial processors and distributors.
Livestock Dealers
Amends definitions related to livestock dealing, clarifying exemptions and licensing requirements for livestock dealers, packers, and transporters.
Contagious Diseases and Animal Movement
Amends definitions related to contagious diseases and animal movement, outlining rules and regulations for disease control and eradication, including testing of captive deer.
Pesticides; Mosquito Control; Rodenticides
Amends rules related to mosquito control, grants, and pesticide use, including restrictions and approvals for rodenticides and larvicides. It mandates the Secretary to register second-generation anticoagulant rodenticides as restricted use pesticides if they are distributed or sold within the state
Vermont Agricultural Credit Program
Amends the creation and definitions of the Vermont Agricultural Credit Program, providing alternative credit sources for farmers and forest product businesses.
Loan Eligibility Standards
Amends loan eligibility standards for farmers, forest product businesses, and other entities, outlining residency and ownership requirements.
H 877 - An Act Relating To Miscellaneous Agricultural Subjects
NEW STATUS: Third Reading ordered
Report of Committee on Ways and Means agreed to
Action Calendar: Favorable with Amendment (03/22/24)
This bill proposes to make multiple miscellaneous changes to agricultural statutes. The bill would amend eligibility requirements for the Farm Agronomic Practices Program. The bill would adopt additional national standards under the weights and measures standards. In addition, the bill would amend how training can be provided for certified pesticide applicators. The bill would also amend provisions related to mosquito control and provisions related to the regulation of fertilizer, limes, plant amendment, plant biostimulants, and soil amendments.
This bill is largely technical in nature, however, there is a change to the pesticide training and certification program in AAFM. The Agency wants to have the ability to contract with a third-party vendor to administer pesticide examinations through a remote program. The Agency may also charge an additional fee to applicants who prefer to utilize the electronic or alternate testing service for pesticide certification or licensing examinations. AAFM will still administer in person examinations that do not include an additional fee.
In addition, the bill as passed by the House would:
- Expanding eligibility requirements for the Farm Agronomic Practices Program to provide financial assistance to Vermont farms for implementing soil-based practices that enhance soil quality, nutrient retention, crop production, and reduce agricultural waste discharges.
- Defines terms related to livestock and poultry transportation and testing.
- Adopting additional national weights and measures standards
- Changing regulation of fertilizer, limes, plant and soil amendments, and plant biostimulants
The bill passed the House floor and it will head to the Senate next week we believe that this bill will have provisions added to it in the Senate.
S 311 - An Act Relating To Bringing Everyone Home
Committed to Committee on Natural Resources and Energy with report of Committee on Economic Development, Housing and General Affairs intact, under suspension of Senate Rule 49, on motion of Senator Baruth
Committee Bill for Second Reading (02/20/24)
This bill proposes to make multiple changes related to housing, including land use planning, Act 250, municipal zoning, taxes, and housing incentives and programs.
The Senate Natural Resources Committee has been working their way through the list of those that testified in Economic Development & Housing.
H 606 - An Act Relating To Professional Licensure And Immigration Status
NEW STATUS: Read 1st time & referred to Committee on Government Operations (03/22/24)
This bill proposes to enable individuals who meet the requirements for professional licenses to be granted those licenses regardless of their immigration status or lack thereof.
Oppose - H 706 - An Act Relating To Banning The Use Of Neonicotinoid Pesticides
NEW STATUS: Read third time and passed
Action Calendar: Third reading (03/22/24)
This bill proposes to prohibit the sale, offer for sale or use, distribution, or use of any neonicotinoid treated article seed for soybeans or for any crop in the cereal grains crop group. The bill would also prohibit the application or treatment with a neonicotinoid pesticide for multiple other uses.
The House passed this vote by roll call and they will send it over to the Senate early next week. We expect to have a robust and open conversation with the Senate Agriculture committee. Organizing knowledgeable members to speak in front of committee is very important. We have spoken with some of the Senate Agriculture members to let them know the bill is coming and we are ready to be heard in their committee.
H 81 - An Act Relating To Fair Repair Of Agricultural Equipment
Committee on Economic Development, Housing and General Affairs relieved; bill committed to Committee on Agriculture on motion of Senator Ram Hinsdale (02/09/24)
This bill proposes to ensure the fair repair of agricultural equipment.
As of Friday, the Committee did not have the votes to get it out of committee. This bill has no deadline so we will continue to monitor.
H 128 - An Act Relating To Removing Regulatory Barriers For Working Lands Businesses
Rep. Durfee of Shaftsbury moved to commit the resolution to the Committee on Environment and Energy, which was agreed to
Rep. Durfee of Shaftsbury moved to commit resolution to the Committee on Environment and Energy, which was agreed to
Action Calendar: Favorable with Amendment (02/29/24)
This bill proposes to reduce the amount of mitigation wood products manufacturers need to do for primary agricultural soils. It proposes to exempt small forest product processors from needing an Act 250 permit. It proposes to make changes to the definition of accessory on-farm business and exempt those businesses from needing an Act 250 permit. It would require electric generation facilities with a capacity greater than 500kW to get an Act 250 permit.
This bill will not make it out of House Energy & Environment. Portions of the bill pertaining to "farm stands" may get put on H.687. We will be focusing on the miscellaneous agriculture bills to attach the remaining provisions.
H 626 - An Act Relating To Animal Welfare
NEW STATUS: Pending entry on Notice Calendar, referred to Committee on Appropriations per Rule 35(a) (03/20/24)
This bill proposes to establish the Division of Animal Welfare at the Department of Public Safety to develop, implement, and administer a centralized program for investigating and enforcing animal welfare requirements in the State. The bill would also amend or establish standards for the operation of animal shelters and animal rescue organizations. In addition, the bill would amend or establish requirements for the importation or transportation of animals into the State.
This bill creates a division of animal welfare within the Department of Public Safety and sets up a special Animal Welfare Fund. This creates a position for the Director of Animal Welfare, who will effectively stand up the new division. In order to fund this new division, the Animal Welfare Fund will receive 50% of the revenue collected from a surcharge on dog licenses, as well as some appropriations from the General Assembly. Additionally, fees are adjusted for license fees for dog, wolf-hybrid owners, with portions of these fees allocated to fund programs such as spaying and neutering initiatives and rabies control programs.
The bill will passed out of House Ways and Means but will have to go to Appropriations and it will head to the House floor next week.
S 213 - An Act Relating To The Regulation Of Wetlands, River Corridor Development, And Dam Safety
NEW STATUS: Read 3rd time & passed
New Business/Third Reading (03/21/24)
This bill proposes to amend provisions related to wetlands, river corridor development, and dam safety. The bill would establish as State policy that wetlands shall be regulated and managed to produce a net gain of wetlands acreage. The Secretary of Natural Resources would be required to amend wetlands rules to incorporate the net gain policy. The bill would require the Vermont Significant Wetlands Inventory maps to be updated and revised annually. The bill would also require amendment to the existing Vermont Flood Hazard Area and River Corridor Rule to adopt requirements for issuing and enforcing permits for development within a flood hazard area or a mapped river corridor in the State. In addition, the bill would amend the Unsafe Dam Revolving Fund to be the Dam Safety Revolving Fund to provide loans for emergency and nonemergency funding of dam repair. The bill also provides that the owner of a dam or the owner of land on which a dam is located shall be held strictly, jointly, and severally liable for harm caused by the breach of a dam, provided that the dam has been classified as a significant or high hazard potential dam or the person who owns legal title to a dam or the owner of land on which a dam is located is not in full compliance with dam safety rules.
This bill creates new regulations for the states river systems, wetlands, and dams in response to last summer’s flooding. The bill requires Vermonters to obtain a state permit to build in a river corridor, which includes the river itself and surrounding land where water can flow during flooding. The legislation directs the state to ensure that there is a net increase of wetlands during development to restore twice as much. It would also expand the states power to improve dam safety. The permitting process would start in 2028.
The thought behind the bill was to have the state government manage the river systems rather than municipalities. This bill faces a likely veto and the House may begin work on this bill next week. The Governor has signaled his dislike for this bill as it has come out of the Senate.
S 308 - An Act Relating To Updates To Land Use Planning
Committed to Committee on Natural Resources and Energy on motion of Senator Bray
Committee bill read first time & placed on Notice Calendar per Senate Rule 48 (01/31/24)
This bill proposes to make multiple changes to the State's land use planning processes, including Act 250 permit appeals, regional plan future land use maps, and the Designated Areas.
S 197 - An Act Relating To Restricting Perfluoroalkyl And Polyfluoroalkyl Substances In Consumer Products
NEW STATUS: Read first time and referred to the Committee on Human Services (03/20/24)
This bill proposes to restrict the procurement of certain products containing PFAS by school districts and municipal and State government. It would also require the Department of Health to establish a registry to monitor adverse health conditions and diseases that may be attributable to PFAS exposure. This bill proposes to require the Department of Health to issue a public health advisory regarding the presence of PFAS in drinking water. It further proposes to restrict perfluoroalkyl and polyfluoroalkyl substances as ingredients in pesticides. The bill also proposes to restrict the use of pesticides that have been stored, distributed, or packaged in a fluorinated, high-density polyethylene container that has a perfluoroalkyl and polyfluoroalkyl substance content exceeding 20 parts per trillion.
The House Human Services Committee began to review this bill this week, they plan to incorporate this bills language into another PFAS related bill, so it will be more efficient when passing this bill.
The latest draft of this bill is a strike all, that asks The Agency of Natural Resources, in consultation with the Agency of Agriculture, Food and Markets; the Department of Health; and the Office of the Attorney General shall propose a program requiring the State to identify and restrict the sale and distribution of consumer products containing perfluoroalkyl and polyfluoroalkyl substances (PFAS) that could impact public health and the environment. The sections surrounding pesticides has been removed, at the recommendation of the Senate Agriculture committee.
S 286 - An Act Relating To The Regulation Of Accessory On-farm Businesses
Read 1st time & referred to Committee on Natural Resources and Energy (01/17/24)
This bill proposes to provide that accessory on-farm businesses are not development that require a permit under Act 250.
Monitor - S 102 - An Act Relating To Expanding Employment Protections And Collective Bargaining Rights
Read first time and referred to the Committee on General and Housing (04/05/23)
This bill proposes to establish a good cause standard for termination of employment, require employers to provide severance pay to terminated employees, and permit employees or representative organizations to bring an enforcement action on behalf of the State for violations of the good cause termination requirement. This bill also proposes to prohibit employers from taking adverse employment actions against an employee in relation to the employee's exercise of free speech rights. This bill also proposes to permit agricultural and domestic workers to collectively bargain and to permit employees to elect a collective bargaining representative through card check elections.
Agricultural workers language was struck in the Senate.
Week 9 of the Vermont Legislative Session – March 1, 2024
***Legislature is off for Town Meeting Week until March 12th***
As the General Assembly prepares to head home for a week of chatting up constituents and making appearances at their local Town Meetings, the turmoil continued right up until they departed on Friday. We anticipate big topics of concern will be school funding and the projected 20% increase in the property tax. The FY26 budget year, which legislators will tackle next January, has a projected a 15% revenue decline in the General Fund. Any actions this year will affect the FY26 & FY27 budgets. So, what’s the solution? Depends on who you ask. Governor Scott would say “live within your means, utilize only the available revenue, don’t create new taxes or fees”. If you ask the House Ways & Means Committee, they are looking at pulling several different “levers” to increase revenue. On the table, personal income tax surcharge, millionaires' tax, cloud tax, increasing the property transfer tax, and murmurs of a soft drink or candy tax.
Another decision this session that will complicate the FY26 budget comes in the form of a bill that house committees have been working doggedly on to ban certain legal/adult tobacco products which will create a budget hole of more than $14 million in tax collection reductions. However, the wholesale and retail community states that the loss to their businesses could be in the range of $40 million. Looks like Vermonters will have more reason to shop in New Hampshire.
Many Legislators and bystanders trudging into the Statehouse on Wednesday morning likely had no idea there was going to be mini tornado-like activity on amendments being drafted on the fly regarding S.18, the bill intending to ban flavored tobacco and vapes. Like an unexpected puff of smoke, committees and legislators scrambled from room to room frantically promoting newly drafted amendments. With all the activity and uncertainty, it was decided early on by leadership that floor discussion on this bill would be booted by a day. Committee staffers were continually juggling the schedules and reposting updates as hearings were adjusted to accommodate legislators offering new amendments in rapid succession. But, when the full House assembled on Wednesday afternoon, instead of postponing action on S.18 for one day, they agreed to delay until March 13th. Too many uncontained wind gusts in the building it would seem.
Back to our fearless leader. Right on cue, we got another zinger from Governor Scott over the fumbling of what appears to be going on under the Golden Dome. “There’s nothing easier in politics than to claim we need to do more of something, without having to articulate the tradeoff, because there’s always a tradeoff.” Governor Scott continues his steadfast approach to ensure Vermonters are not bombarded with more unnecessary taxes.
It appears the Governor is getting a wee bit flabbergasted by what is going on. I’m not saying he’s mad, but he went on to say, “Legislators shouldn’t be overpromising without a plan, or underfunding new ideas which will only force Vermonters to pick up the tab later.”
The Vermont State House, a beautiful building on the outside, without doubt. However, we’ve all heard the saying, you can’t judge a book by its cover. Nor can we expect that the outside calming beauty of the brilliantly shiny gold dome mimics the goings on of what we find inside its glorious walls.
The General Assembly will return to the Statehouse on March 12th to finish out the second half of the session. Many are tired, some a tad bit cranky, and looking forward to a speedy May adjournment.
DB 240654 - MISC AG - An act relating to miscellaneous agricultural subjects
Draft Language
MISC AG BILL: This bill proposes to make multiple miscellaneous changes to agricultural statutes. The bill would amend eligibility requirements for the Farm Agronomic Practices Program. The bill would adopt additional national standards under the weights and measures standards. In addition, the bill would amend how training can be provided for certified pesticide applicators. The bill would also amend provisions related to mosquito control and provisions related to the regulation of fertilizer, limes, plant amendment, plant biostimulants, and soil amendments.
Clickhere for Draft Bill In House Agriculture
The annual house Miscellaneous Agriculture bill received some more testimony this week, it is largely technical in nature. However, there is a change to the pesticide training and certification program in AAFM. The Agency wants to have the ability to contract with a third-party vendor to administer pesticide examinations through a remote program. The Agency may also charge an additional fee to applicants who prefer to utilize the electronic or alternate testing service for pesticide certification or licensing examinations.
AAFM will still administer in person examinations that do not include an additional fee.
H 687 - An Act Relating To Community Resilience And Biodiversity Protection Through Land Use
Read first time and referred to the Committee on Environment and Energy (01/09/24)
This bill proposes to make multiple changes to the State land use and development law, known as Act 250. It would also make changes to the regional plans and municipal plans.
The bill sets up detailed guidelines for municipalities to apply for a new “planned growth area” designation with the state – essentially, Tier 1A – where development could bypass Act 250 review. Those requirements would include things like zoning bylaws, water and sewer capacity that can accommodate more development, wildlife habitat planning rules, and adequate staff capacity to review development locally.
Tier 1: Provides an exemption or partial exemption if the municipality has growth capacity
Tier 2: Status quo
Tier 3: Anything that falls between tier 1 & 2 or have other ecologically important natural resource areas.
Gov Scott opposes at this time.
Rural caucus sent a letter sent a to leadership with 39 members signing on that they oppose the bill because it is unnecessarily restrictive. With other Act 250 bills in the legislature their is the ability to come together but its unknown if the House and Senate are on the same page.
"Word on the street is that this is going to become the housing bill but has no housing in it. (would happen over in the Senate). But there are plenty of good bills on the wall.
This bill has:
Oppose - H 706 - An Act Relating To Banning The Use Of Neonicotinoid Pesticides
NEW STATUS: Referred to Committee on Ways and Means per Rule 35(a)
Notice Calendar: Favorable with amendment (02/29/24)
This bill proposes to prohibit the sale, offer for sale or use, distribution, or use of any neonicotinoid treated article seed for soybeans or for any crop in the cereal grains crop group. The bill would also prohibit the application or treatment with a neonicotinoid pesticide for multiple other uses.
This bill passed out of committee 8-2-1 this week and was sent to the floor and will be voted on and sent to the Senate after town meeting week break. We expect to have a robust and open conversation with the Senate Agriculture committee.
Organizing knowledgeable members to speak in front of committee is very important. We have spoken with some of the Senate Agriculture members to let them know the bill is coming and we are ready to be heard in their committee.
S 197 - An Act Relating To The Procurement And Distribution Of Products Containing Perfluoroalkyl And Polyfluoroalkyl Substances And Monitoring Adverse Health Conditions Attributed To Perfluoroalkyl And Polyfluoroalkyl Substances
Read 1st time & referred to Committee on Health and Welfare (01/03/24)
This bill proposes to restrict the procurement of certain products containing PFAS by school districts and municipal and State government. It would also require the Department of Health to establish a registry to monitor adverse health conditions and diseases that may be attributable to PFAS exposure. This bill proposes to require the Department of Health to issue a public health advisory regarding the presence of PFAS in drinking water. It further proposes to restrict perfluoroalkyl and polyfluoroalkyl substances as ingredients in pesticides. The bill also proposes to restrict the use of pesticides that have been stored, distributed, or packaged in a fluorinated, high-density polyethylene container that has a perfluoroalkyl and polyfluoroalkyl substance content exceeding 20 parts per trillion.
Click here for Latest Draft
The latest draft of this bill is a strike all, that asks The Agency of Natural Resources, in consultation with the Agency of Agriculture, Food and Markets; the Department of Health; and the Office of the Attorney General shall propose a program requiring the State to identify and restrict the sale and distribution of consumer products containing perfluoroalkyl and polyfluoroalkyl substances (PFAS) that could impact public health and the environment. The sections surrounding pesticides has been removed, at the recommendation of the Senate Agriculture committee.
The Senate Health and Welfare committee plans to review and vote on the bill after the tow meeting week break.
S 301 - An Act Relating To Miscellaneous Agricultural Subjects
NEW STATUS: Favorable report with recommendation of amendment by Committee on Agriculture
Committee Bill for Second Reading
Entered on Notice Calendar (03/01/24)
This bill proposes to make multiple miscellaneous changes to agricultural statutes. The bill would amend the requirements for the Vermont Seeding and Filter Strip Program. The bill also would amend the licensing requirements for agricultural warehouses. In addition, the bill would amend livestock dealer licensing requirements. The bill also amends eligibility requirements for financial assistance from the Vermont Agricultural Credit Corporation. Clickhere for Updated Draft:
The committee voted their annual misc. agriculture bill out this week. It will need to go to Senate Finance because it is a chnage in some fees.
SUMMARY BELOW
Agricultural Water Quality
Amends Vermont seeding and filter strip program, allowing the Secretary of Agriculture to develop a program compensating farmers for establishing and maintaining grassed waterways and filter strips on cropland.
Agricultural Warehouses
Amends licensing requirements for public warehouses storing farm products, including dairy, eggs, meat, poultry, and produce, and sets licensing fees.
Milk Handling
Amends definitions and licensing requirements for milk handlers, establishing fees based on the volume of milk or dairy products handled annually.
Public Warehouse Licensing
Establishes licensing requirements for various entities involved in meat, meat food products, or poultry products, including commercial processors and distributors.
Livestock Dealers
Amends definitions related to livestock dealing, clarifying exemptions and licensing requirements for livestock dealers, packers, and transporters.
Contagious Diseases and Animal Movement
Amends definitions related to contagious diseases and animal movement, outlining rules and regulations for disease control and eradication, including testing of captive deer.
Pesticides; Mosquito Control; Rodenticides
Amends rules related to mosquito control, grants, and pesticide use, including restrictions and approvals for rodenticides and larvicides.
Vermont Agricultural Credit Program
Amends the creation and definitions of the Vermont Agricultural Credit Program, providing alternative credit sources for farmers and forest product businesses.
Loan Eligibility Standards
Amends loan eligibility standards for farmers, forest product businesses, and other entities, outlining residency and ownership requirements.
S 306 - An Act Relating To Changes To The Clean Heat Standard
Committed to Committee on Natural Resources and Energy on motion of Senator Bray
Committee bill read first time & placed on Notice Calendar per Senate Rule 48 (01/31/24)
This bill proposes to make multiple miscellaneous changes to the Clean Heat Standard.
H 128 - An Act Relating To Removing Regulatory Barriers For Working Lands Businesses
NEW STATUS: Rep. Durfee of Shaftsbury moved to commit resolution to the Committee on Environment and Energy, which was agreed to
Action Calendar: Favorable with Amendment (02/29/24)
This bill proposes to reduce the amount of mitigation wood products manufacturers need to do for primary agricultural soils. It proposes to exempt small forest product processors from needing an Act 250 permit. It proposes to make changes to the definition of accessory on-farm business and exempt those businesses from needing an Act 250 permit. It would require electric generation facilities with a capacity greater than 500kW to get an Act 250 permit.
Committee Vote 10-0-1 (2/27/24) Click here to view draft.
S 258 - An Act Relating To The Management Of Fish And Wildlife
Read 1st time & referred to Committee on Natural Resources and Energy (01/12/24)
This bill proposes to transfer the authority to adopt rules for the taking of fish, wildlife, and fur-bearing animals from the Fish and Wildlife Board to the Department of Fish and Wildlife. The bill would also amend the authority of the Fish and Wildlife Board so that it serves in an advisory capacity to the Department of Fish and Wildlife. In addition, the bill would prohibit the hunting of coyote with dogs.
H 81 - An Act Relating To Fair Repair Of Agricultural Equipment
Committee on Economic Development, Housing and General Affairs relieved; bill committed to Committee on Agriculture on motion of Senator Ram Hinsdale (02/09/24)
This bill proposes to ensure the fair repair of agricultural equipment.
This bill will not be acted on before crossover but expect the committee will look at late March.
H 606 - An Act Relating To Professional Licensure And Immigration Status
Read first time and referred to the Committee on Government Operations and Military Affairs (01/03/24)
This bill proposes to enable individuals who meet the requirements for professional licenses to be granted those licenses regardless of their immigration status or lack thereof.
We are monitoring this bill but at this point they are only looking at allowing professions recognized by the Office of Professional Regulation or Agency of Human Services. This is directed at more health care workers.
H 626 - An Act Relating To Animal Welfare
Rep. Durfee of Shaftsbury moved that the Committee on Agriculture, Food Resiliency, and Forestry be relieved of the bill and that the same be committed to the Committee on Government Operations and Military Affairs, which was agreed to (01/19/24)
This bill proposes to establish the Division of Animal Welfare at the Department of Public Safety to develop, implement, and administer a centralized program for investigating and enforcing animal welfare requirements in the State. The bill would also amend or establish standards for the operation of animal shelters and animal rescue organizations. In addition, the bill would amend or establish requirements for the importation or transportation of animals into the State.
The House Government Operations committee continued to hear testimony this week with a new draft of the bill foundhere:
The original version of the bill has a feed on all animal feed to set up the Division of Animal Welfare. In the new version, they removed the fee on all commercial feed. Members submitted written testimony, we believe there will be more time to testify or submit written.
There are still lots of questions about how to fund the start up of a new division, this bill will struggle to get over the finish line because of the funding, but we will continue to watch.
S 213 - An Act Relating To The Regulation Of Wetlands, River Corridor Development, And Dam Safety
NEW STATUS: Referred to Committee on Appropriations per Senate Rule 31
Favorable report with recommendation of amendment by Committee on Natural Resources and Energy
Second Reading
Entered on Notice Calendar (02/23/24)
This bill proposes to amend provisions related to wetlands, river corridor development, and dam safety. The bill would establish as State policy that wetlands shall be regulated and managed to produce a net gain of wetlands acreage. The Secretary of Natural Resources would be required to amend wetlands rules to incorporate the net gain policy. The bill would require the Vermont Significant Wetlands Inventory maps to be updated and revised annually. The bill would also require amendment to the existing Vermont Flood Hazard Area and River Corridor Rule to adopt requirements for issuing and enforcing permits for development within a flood hazard area or a mapped river corridor in the State. In addition, the bill would amend the Unsafe Dam Revolving Fund to be the Dam Safety Revolving Fund to provide loans for emergency and nonemergency funding of dam repair. The bill also provides that the owner of a dam or the owner of land on which a dam is located shall be held strictly, jointly, and severally liable for harm caused by the breach of a dam, provided that the dam has been classified as a significant or high hazard potential dam or the person who owns legal title to a dam or the owner of land on which a dam is located is not in full compliance with dam safety rules.
This bill was sent to the Senate Appropriations committee. It will not be taken up before the town meeting break.
S 272 - An Act Relating To The Regulation Of Second-generation Anticoagulant Rodenticides
Read 1st time & referred to Committee on Agriculture (01/17/24)
This bill proposes to require the Secretary of Agriculture, Food and Markets to register second-generation anticoagulant rodenticides as restricted use pesticides that may only be used by certified pesticide applicators.
The Senate Agriculture committee added a section to their miscellaneous bill.
S 311 - An Act Relating To Bringing Everyone Home
Committed to Committee on Natural Resources and Energy with report of Committee on Economic Development, Housing and General Affairs intact, under suspension of Senate Rule 49, on motion of Senator Baruth
Committee Bill for Second Reading (02/20/24)
This bill proposes to make multiple changes related to housing, including land use planning, Act 250, municipal zoning, taxes, and housing incentives and programs.
The Senate passed S.311 but did not include new tiers, instead included interim Act 250 carve-outs for new housing development until mid-2029.
During that time frame, development within some state-designated centers (and along their peripheries) would be fully exempt from Act 250. Additionally, in areas with zoning that are served by municipal water and sewer systems, a developer could build 75 units of housing within two years without triggering Act 250, and in areas with zoning but without that utility infrastructure, a developer could construct 30 units of housing in the same time frame.
Gov supports the bill as passed by the Senate.
S 286 - An Act Relating To The Regulation Of Accessory On-farm Businesses
Read 1st time & referred to Committee on Natural Resources and Energy (01/17/24)
This bill proposes to provide that accessory on-farm businesses are not development that require a permit under Act 250.
We met with Chair Bray and he said that they won't have time before crossover to take up the bill but since Act 250 is in many bills this year, he believes that he will have time at the end of March or April. If the testimony is compelling and his committee is interested he would be willing to dedicate time to the bill.
We will likely be looking at H.128 and the misc agriculture bills for inclusion.
Monitor - S 102 - An Act Relating To Expanding Employment Protections And Collective Bargaining Rights
Read first time and referred to the Committee on General and Housing (04/05/23)
This bill proposes to establish a good cause standard for termination of employment, require employers to provide severance pay to terminated employees, and permit employees or representative organizations to bring an enforcement action on behalf of the State for violations of the good cause termination requirement. This bill also proposes to prohibit employers from taking adverse employment actions against an employee in relation to the employee's exercise of free speech rights. This bill also proposes to permit agricultural and domestic workers to collectively bargain and to permit employees to elect a collective bargaining representative through card check elections.
Agricultural workers language was struck in the Senate.
Week 9 of the Vermont Legislative Session – March 1, 2024
***Legislature is off for Town Meeting Week until March 12th***
As the General Assembly prepares to head home for a week of chatting up constituents and making appearances at their local Town Meetings, the turmoil continued right up until they departed on Friday. We anticipate big topics of concern will be school funding and the projected 20% increase in the property tax. The FY26 budget year, which legislators will tackle next January, has a projected a 15% revenue decline in the General Fund. Any actions this year will affect the FY26 & FY27 budgets. So, what’s the solution? Depends on who you ask. Governor Scott would say “live within your means, utilize only the available revenue, don’t create new taxes or fees”. If you ask the House Ways & Means Committee, they are looking at pulling several different “levers” to increase revenue. On the table, personal income tax surcharge, millionaires' tax, cloud tax, increasing the property transfer tax, and murmurs of a soft drink or candy tax.
Another decision this session that will complicate the FY26 budget comes in the form of a bill that house committees have been working doggedly on to ban certain legal/adult tobacco products which will create a budget hole of more than $14 million in tax collection reductions. However, the wholesale and retail community states that the loss to their businesses could be in the range of $40 million. Looks like Vermonters will have more reason to shop in New Hampshire.
Many Legislators and bystanders trudging into the Statehouse on Wednesday morning likely had no idea there was going to be mini tornado-like activity on amendments being drafted on the fly regarding S.18, the bill intending to ban flavored tobacco and vapes. Like an unexpected puff of smoke, committees and legislators scrambled from room to room frantically promoting newly drafted amendments. With all the activity and uncertainty, it was decided early on by leadership that floor discussion on this bill would be booted by a day. Committee staffers were continually juggling the schedules and reposting updates as hearings were adjusted to accommodate legislators offering new amendments in rapid succession. But, when the full House assembled on Wednesday afternoon, instead of postponing action on S.18 for one day, they agreed to delay until March 13th. Too many uncontained wind gusts in the building it would seem.
Back to our fearless leader. Right on cue, we got another zinger from Governor Scott over the fumbling of what appears to be going on under the Golden Dome. “There’s nothing easier in politics than to claim we need to do more of something, without having to articulate the tradeoff, because there’s always a tradeoff.” Governor Scott continues his steadfast approach to ensure Vermonters are not bombarded with more unnecessary taxes.
It appears the Governor is getting a wee bit flabbergasted by what is going on. I’m not saying he’s mad, but he went on to say, “Legislators shouldn’t be overpromising without a plan, or underfunding new ideas which will only force Vermonters to pick up the tab later.”
The Vermont State House, a beautiful building on the outside, without doubt. However, we’ve all heard the saying, you can’t judge a book by its cover. Nor can we expect that the outside calming beauty of the brilliantly shiny gold dome mimics the goings on of what we find inside its glorious walls.
The General Assembly will return to the Statehouse on March 12th to finish out the second half of the session. Many are tired, some a tad bit cranky, and looking forward to a speedy May adjournment.
DB 240654 - MISC AG - An act relating to miscellaneous agricultural subjects
Draft Language
MISC AG BILL: This bill proposes to make multiple miscellaneous changes to agricultural statutes. The bill would amend eligibility requirements for the Farm Agronomic Practices Program. The bill would adopt additional national standards under the weights and measures standards. In addition, the bill would amend how training can be provided for certified pesticide applicators. The bill would also amend provisions related to mosquito control and provisions related to the regulation of fertilizer, limes, plant amendment, plant biostimulants, and soil amendments.
Click
The annual house Miscellaneous Agriculture bill received some more testimony this week, it is largely technical in nature. However, there is a change to the pesticide training and certification program in AAFM. The Agency wants to have the ability to contract with a third-party vendor to administer pesticide examinations through a remote program. The Agency may also charge an additional fee to applicants who prefer to utilize the electronic or alternate testing service for pesticide certification or licensing examinations.
AAFM will still administer in person examinations that do not include an additional fee.
H 687 - An Act Relating To Community Resilience And Biodiversity Protection Through Land Use
Read first time and referred to the Committee on Environment and Energy (01/09/24)
This bill proposes to make multiple changes to the State land use and development law, known as Act 250. It would also make changes to the regional plans and municipal plans.
The bill sets up detailed guidelines for municipalities to apply for a new “planned growth area” designation with the state – essentially, Tier 1A – where development could bypass Act 250 review. Those requirements would include things like zoning bylaws, water and sewer capacity that can accommodate more development, wildlife habitat planning rules, and adequate staff capacity to review development locally.
Tier 1: Provides an exemption or partial exemption if the municipality has growth capacity
Tier 2: Status quo
Tier 3: Anything that falls between tier 1 & 2 or have other ecologically important natural resource areas.
Gov Scott opposes at this time.
Rural caucus sent a letter sent a to leadership with 39 members signing on that they oppose the bill because it is unnecessarily restrictive. With other Act 250 bills in the legislature their is the ability to come together but its unknown if the House and Senate are on the same page.
"Word on the street is that this is going to become the housing bill but has no housing in it. (would happen over in the Senate). But there are plenty of good bills on the wall.
This bill has:
- Lots on conservation
- Nothing on housing, act 250 reform
Oppose - H 706 - An Act Relating To Banning The Use Of Neonicotinoid Pesticides
NEW STATUS: Referred to Committee on Ways and Means per Rule 35(a)
Notice Calendar: Favorable with amendment (02/29/24)
This bill proposes to prohibit the sale, offer for sale or use, distribution, or use of any neonicotinoid treated article seed for soybeans or for any crop in the cereal grains crop group. The bill would also prohibit the application or treatment with a neonicotinoid pesticide for multiple other uses.
This bill passed out of committee 8-2-1 this week and was sent to the floor and will be voted on and sent to the Senate after town meeting week break. We expect to have a robust and open conversation with the Senate Agriculture committee.
Organizing knowledgeable members to speak in front of committee is very important. We have spoken with some of the Senate Agriculture members to let them know the bill is coming and we are ready to be heard in their committee.
S 197 - An Act Relating To The Procurement And Distribution Of Products Containing Perfluoroalkyl And Polyfluoroalkyl Substances And Monitoring Adverse Health Conditions Attributed To Perfluoroalkyl And Polyfluoroalkyl Substances
Read 1st time & referred to Committee on Health and Welfare (01/03/24)
This bill proposes to restrict the procurement of certain products containing PFAS by school districts and municipal and State government. It would also require the Department of Health to establish a registry to monitor adverse health conditions and diseases that may be attributable to PFAS exposure. This bill proposes to require the Department of Health to issue a public health advisory regarding the presence of PFAS in drinking water. It further proposes to restrict perfluoroalkyl and polyfluoroalkyl substances as ingredients in pesticides. The bill also proposes to restrict the use of pesticides that have been stored, distributed, or packaged in a fluorinated, high-density polyethylene container that has a perfluoroalkyl and polyfluoroalkyl substance content exceeding 20 parts per trillion.
Click here for Latest Draft
The latest draft of this bill is a strike all, that asks The Agency of Natural Resources, in consultation with the Agency of Agriculture, Food and Markets; the Department of Health; and the Office of the Attorney General shall propose a program requiring the State to identify and restrict the sale and distribution of consumer products containing perfluoroalkyl and polyfluoroalkyl substances (PFAS) that could impact public health and the environment. The sections surrounding pesticides has been removed, at the recommendation of the Senate Agriculture committee.
The Senate Health and Welfare committee plans to review and vote on the bill after the tow meeting week break.
S 301 - An Act Relating To Miscellaneous Agricultural Subjects
NEW STATUS: Favorable report with recommendation of amendment by Committee on Agriculture
Committee Bill for Second Reading
Entered on Notice Calendar (03/01/24)
This bill proposes to make multiple miscellaneous changes to agricultural statutes. The bill would amend the requirements for the Vermont Seeding and Filter Strip Program. The bill also would amend the licensing requirements for agricultural warehouses. In addition, the bill would amend livestock dealer licensing requirements. The bill also amends eligibility requirements for financial assistance from the Vermont Agricultural Credit Corporation. Click
The committee voted their annual misc. agriculture bill out this week. It will need to go to Senate Finance because it is a chnage in some fees.
SUMMARY BELOW
Agricultural Water Quality
Amends Vermont seeding and filter strip program, allowing the Secretary of Agriculture to develop a program compensating farmers for establishing and maintaining grassed waterways and filter strips on cropland.
Agricultural Warehouses
Amends licensing requirements for public warehouses storing farm products, including dairy, eggs, meat, poultry, and produce, and sets licensing fees.
Milk Handling
Amends definitions and licensing requirements for milk handlers, establishing fees based on the volume of milk or dairy products handled annually.
Public Warehouse Licensing
Establishes licensing requirements for various entities involved in meat, meat food products, or poultry products, including commercial processors and distributors.
Livestock Dealers
Amends definitions related to livestock dealing, clarifying exemptions and licensing requirements for livestock dealers, packers, and transporters.
Contagious Diseases and Animal Movement
Amends definitions related to contagious diseases and animal movement, outlining rules and regulations for disease control and eradication, including testing of captive deer.
Pesticides; Mosquito Control; Rodenticides
Amends rules related to mosquito control, grants, and pesticide use, including restrictions and approvals for rodenticides and larvicides.
Vermont Agricultural Credit Program
Amends the creation and definitions of the Vermont Agricultural Credit Program, providing alternative credit sources for farmers and forest product businesses.
Loan Eligibility Standards
Amends loan eligibility standards for farmers, forest product businesses, and other entities, outlining residency and ownership requirements.
S 306 - An Act Relating To Changes To The Clean Heat Standard
Committed to Committee on Natural Resources and Energy on motion of Senator Bray
Committee bill read first time & placed on Notice Calendar per Senate Rule 48 (01/31/24)
This bill proposes to make multiple miscellaneous changes to the Clean Heat Standard.
H 128 - An Act Relating To Removing Regulatory Barriers For Working Lands Businesses
NEW STATUS: Rep. Durfee of Shaftsbury moved to commit resolution to the Committee on Environment and Energy, which was agreed to
Action Calendar: Favorable with Amendment (02/29/24)
This bill proposes to reduce the amount of mitigation wood products manufacturers need to do for primary agricultural soils. It proposes to exempt small forest product processors from needing an Act 250 permit. It proposes to make changes to the definition of accessory on-farm business and exempt those businesses from needing an Act 250 permit. It would require electric generation facilities with a capacity greater than 500kW to get an Act 250 permit.
Committee Vote 10-0-1 (2/27/24) Click here to view draft.
S 258 - An Act Relating To The Management Of Fish And Wildlife
Read 1st time & referred to Committee on Natural Resources and Energy (01/12/24)
This bill proposes to transfer the authority to adopt rules for the taking of fish, wildlife, and fur-bearing animals from the Fish and Wildlife Board to the Department of Fish and Wildlife. The bill would also amend the authority of the Fish and Wildlife Board so that it serves in an advisory capacity to the Department of Fish and Wildlife. In addition, the bill would prohibit the hunting of coyote with dogs.
H 81 - An Act Relating To Fair Repair Of Agricultural Equipment
Committee on Economic Development, Housing and General Affairs relieved; bill committed to Committee on Agriculture on motion of Senator Ram Hinsdale (02/09/24)
This bill proposes to ensure the fair repair of agricultural equipment.
This bill will not be acted on before crossover but expect the committee will look at late March.
H 606 - An Act Relating To Professional Licensure And Immigration Status
Read first time and referred to the Committee on Government Operations and Military Affairs (01/03/24)
This bill proposes to enable individuals who meet the requirements for professional licenses to be granted those licenses regardless of their immigration status or lack thereof.
We are monitoring this bill but at this point they are only looking at allowing professions recognized by the Office of Professional Regulation or Agency of Human Services. This is directed at more health care workers.
H 626 - An Act Relating To Animal Welfare
Rep. Durfee of Shaftsbury moved that the Committee on Agriculture, Food Resiliency, and Forestry be relieved of the bill and that the same be committed to the Committee on Government Operations and Military Affairs, which was agreed to (01/19/24)
This bill proposes to establish the Division of Animal Welfare at the Department of Public Safety to develop, implement, and administer a centralized program for investigating and enforcing animal welfare requirements in the State. The bill would also amend or establish standards for the operation of animal shelters and animal rescue organizations. In addition, the bill would amend or establish requirements for the importation or transportation of animals into the State.
The House Government Operations committee continued to hear testimony this week with a new draft of the bill found
The original version of the bill has a feed on all animal feed to set up the Division of Animal Welfare. In the new version, they removed the fee on all commercial feed. Members submitted written testimony, we believe there will be more time to testify or submit written.
There are still lots of questions about how to fund the start up of a new division, this bill will struggle to get over the finish line because of the funding, but we will continue to watch.
S 213 - An Act Relating To The Regulation Of Wetlands, River Corridor Development, And Dam Safety
NEW STATUS: Referred to Committee on Appropriations per Senate Rule 31
Favorable report with recommendation of amendment by Committee on Natural Resources and Energy
Second Reading
Entered on Notice Calendar (02/23/24)
This bill proposes to amend provisions related to wetlands, river corridor development, and dam safety. The bill would establish as State policy that wetlands shall be regulated and managed to produce a net gain of wetlands acreage. The Secretary of Natural Resources would be required to amend wetlands rules to incorporate the net gain policy. The bill would require the Vermont Significant Wetlands Inventory maps to be updated and revised annually. The bill would also require amendment to the existing Vermont Flood Hazard Area and River Corridor Rule to adopt requirements for issuing and enforcing permits for development within a flood hazard area or a mapped river corridor in the State. In addition, the bill would amend the Unsafe Dam Revolving Fund to be the Dam Safety Revolving Fund to provide loans for emergency and nonemergency funding of dam repair. The bill also provides that the owner of a dam or the owner of land on which a dam is located shall be held strictly, jointly, and severally liable for harm caused by the breach of a dam, provided that the dam has been classified as a significant or high hazard potential dam or the person who owns legal title to a dam or the owner of land on which a dam is located is not in full compliance with dam safety rules.
This bill was sent to the Senate Appropriations committee. It will not be taken up before the town meeting break.
S 272 - An Act Relating To The Regulation Of Second-generation Anticoagulant Rodenticides
Read 1st time & referred to Committee on Agriculture (01/17/24)
This bill proposes to require the Secretary of Agriculture, Food and Markets to register second-generation anticoagulant rodenticides as restricted use pesticides that may only be used by certified pesticide applicators.
The Senate Agriculture committee added a section to their miscellaneous bill.
S 311 - An Act Relating To Bringing Everyone Home
Committed to Committee on Natural Resources and Energy with report of Committee on Economic Development, Housing and General Affairs intact, under suspension of Senate Rule 49, on motion of Senator Baruth
Committee Bill for Second Reading (02/20/24)
This bill proposes to make multiple changes related to housing, including land use planning, Act 250, municipal zoning, taxes, and housing incentives and programs.
The Senate passed S.311 but did not include new tiers, instead included interim Act 250 carve-outs for new housing development until mid-2029.
During that time frame, development within some state-designated centers (and along their peripheries) would be fully exempt from Act 250. Additionally, in areas with zoning that are served by municipal water and sewer systems, a developer could build 75 units of housing within two years without triggering Act 250, and in areas with zoning but without that utility infrastructure, a developer could construct 30 units of housing in the same time frame.
Gov supports the bill as passed by the Senate.
S 286 - An Act Relating To The Regulation Of Accessory On-farm Businesses
Read 1st time & referred to Committee on Natural Resources and Energy (01/17/24)
This bill proposes to provide that accessory on-farm businesses are not development that require a permit under Act 250.
We met with Chair Bray and he said that they won't have time before crossover to take up the bill but since Act 250 is in many bills this year, he believes that he will have time at the end of March or April. If the testimony is compelling and his committee is interested he would be willing to dedicate time to the bill.
We will likely be looking at H.128 and the misc agriculture bills for inclusion.
Monitor - S 102 - An Act Relating To Expanding Employment Protections And Collective Bargaining Rights
Read first time and referred to the Committee on General and Housing (04/05/23)
This bill proposes to establish a good cause standard for termination of employment, require employers to provide severance pay to terminated employees, and permit employees or representative organizations to bring an enforcement action on behalf of the State for violations of the good cause termination requirement. This bill also proposes to prohibit employers from taking adverse employment actions against an employee in relation to the employee's exercise of free speech rights. This bill also proposes to permit agricultural and domestic workers to collectively bargain and to permit employees to elect a collective bargaining representative through card check elections.
Agricultural workers language was struck in the Senate.
Week 7 of the Vermont Legislative Session – February 16, 2024
Oh snap! Who would have thought the State House would become a wedding venue and no less on St. Valentines Day smack in the middle of winter. Sure enough, one of the House Representatives rushed through the front doors on the chilly day and tied the knot. I can’t say as rushing back through the doors under the Golden Dome would count as a highly sought after honeymoon destination but, oh well.
In more serious and nowhere near upbeat news, the wind was definitely not restored in the Legislature’s sails this week with a constant reminder of the conundrum Vermonters are facing with a 20% increase in the property tax. The bill passed by the House and now being lobbied in the Senate would repeal the 5% cap set on tax rate increases, a measure that many business organizations support. This will take the burden off non-residential taxpayers, like renters and businesses, to make up the difference between the 5% cap and full increase in spending. While short-term solutions to soften the projected $250 million statewide school spending hikes are the present focus of the taxing committees, the even greater concern is how they will address the long-term implications of an education fund that does not meet the needs of a school system with dwindling enrollment. Specifically, the next step outlined by legislators is considering new revenue sources for the education fund.
The following tax increases have also been under discussion this session:
· A high-income earner surcharge of 3% aimed at tax filers, filing single or jointly, earning an annual income over $500,000.
· A new personal income tax on unrealized capital gains.
· Moving to a worldwide combined reporting corporate tax.
· Excise tax on sugary beverages.
· Increased taxation on candy (including maple).
· Broadening Vermont’s sales tax.
It was also noted that as of today, the Vermont Legislature has only 15 working days before crossover, so committees need to prioritize bills they want to continue down the road to becoming law, by March 15th. The remainder of priority bills will need to finagle their way into other bills where amendments could be included in order to pass in 2024. That sneaky little maneuver often occurs toward the end of the session when language is tacked onto what some call “Christmas Tree Bills”. Gotta pay close attention to those, so no dozing on the job!
On a sour note, Vermont’s Health Commissioner, Dr. Mark Levine, was dragged over the coals out of the blue for something advocates deemed as “wrongdoing” over recommendations on how to spend $4.9 million in funds available through an opioid settlement. That accusation blasted itself straight up to our fearless leader, Governor Phil Scott, and he had this to say.
“To see Legislative leadership hurl even more accusations at Dr. Levine, who demonstrated his integrity daily during the pandemic, is disheartening. But uncivil treatment of my secretaries and commissioners in this Legislature has unfortunately become increasingly common. We can have policy disagreements without hurling unfounded accusations and demeaning insults,” added Governor Scott.
It appears a lot more feathers are going to get ruffled as we continue down the path to adjournment. So close, but yet so far away.
DB 240654 - MISC AG - An act relating to miscellaneous agricultural subjects - New Draft Language
This bill proposes to make multiple miscellaneous changes to agricultural statutes. The bill would amend eligibility requirements for the Farm Agronomic Practices Program. The bill would adopt additional national standards under the weights and measures standards. In addition, the bill would amend how training can be provided for certified pesticide applicators. The bill would also amend provisions related to mosquito control and provisions related to the regulation of fertilizer, limes, plant amendment, plant biostimulants, and soil amendments.
In House Ag
The annual house Miscellaneous Agriculture bill got its first walk through this week, it is largely technical in nature. However, there is a change to the pesticide training and certification program in AAFM. The Agency wants to have the ability to contract with a third-party vendor to administer pesticide examinations through a remote program. The Agency may also charge an additional fee to applicants who prefer to utilize the electronic or alternate testing service for pesticide certification or licensing examinations.
AAFM will still administer in person examinations that do not include an additional fee.
S 311 - An Act Relating To Bringing Everyone Home
NEW STATUS: Committee Bill for Second Reading (02/20/24)
This bill proposes to make multiple changes related to housing, including land use planning, Act 250, municipal zoning, taxes, and housing incentives and programs.
H 856 - An Act Relating To Medical Leave For A Serious Injury
Read first time and referred to the Committee on General and Housing (02/14/24)
This bill proposes to provide that an eligible employee may take leave under Vermont's Parental and Family Leave Act to recover from the employee's own serious injury or to care for a family member with a serious injury.
H 81 - An Act Relating To Fair Repair Of Agricultural Equipment
NEW STATUS: Committee on Economic Development, Housing and General Affairs relieved; bill committed to Committee on Agriculture on motion of Senator Ram Hinsdale (02/09/24)
This bill proposes to ensure the fair repair of agricultural equipment.
S 46 - An Act Relating To The Vermont Fair Repair Act
Committee on Economic Development, Housing and General Affairs relieved; bill committed to Committee on Agriculture on motion of Senator Ram Hinsdale (02/07/24)
This bill proposes to make available from original manufacturers to consumers and independent repair providers the information, schematics, diagnostics, and repair manuals necessary to repair certain equipment.
H 844 - An Act Relating To Appeal Rights For Extraterritorial Users Of Municipal Water And Sewer Systems
Read first time and referred to the Committee on Government Operations and Military Affairs (02/01/24)
This bill proposes to amend 24 V.S.A. chapters 89 (waterworks), 91 (consolidated water districts), (sewage system), 101 (sewage disposal system), and 105 (consolidated sewer districts) to establish rate appeal procedures for extraterritorial users of municipal water and sewer systems. This bill proposes to allow extraterritorial users to appeal a disproportionate rate to the Public Utility Commission and require the Commission to determine whether the disproportionate rate is based on the actual cost of supplying services in the extraterritorial service area.
S 306 - An Act Relating To Changes To The Clean Heat Standard
Committed to Committee on Natural Resources and Energy on motion of Senator Bray
Committee bill read first time & placed on Notice Calendar per Senate Rule 48 (01/31/24)
This bill proposes to make multiple miscellaneous changes to the Clean Heat Standard.
S 308 - An Act Relating To Updates To Land Use Planning
Committed to Committee on Natural Resources and Energy on motion of Senator Bray
Committee bill read first time & placed on Notice Calendar per Senate Rule 48 (01/31/24)
This bill proposes to make multiple changes to the State's land use planning processes, including Act 250 permit appeals, regional plan future land use maps, and the Designated Areas.
S 301 - An Act Relating To Miscellaneous Agricultural Subjects
Committed to the Committee on Agriculture on motion of Senator Starr
Committee bill read first time & placed on Notice Calendar per Senate Rule 48 (01/26/24)
This bill proposes to make multiple miscellaneous changes to agricultural statutes. The bill would amend the requirements for the Vermont Seeding and Filter Strip Program. The bill also would amend the licensing requirements for agricultural warehouses. In addition, the bill would amend livestock dealer licensing requirements. The bill also amends eligibility requirements for financial assistance from the Vermont Agricultural Credit Corporation.
This bill is a technical corrections bill, but could become a vehicle for other language.
H 586 - An Act Relating To Flood Protection And Climate Resilience Infrastructure And Financing
Rep. Sheldon of Middlebury moved that the Committee on Environment and Energy be relieved of the bill and that the same be committed to the Committee on Ways and Means, which was agreed to (01/24/24)
This bill proposes to amend or enact multiple provisions related to improved flood protection and climate resilience in the State. The bill would also establish or authorize additional activities for the financing of climate mitigation, adaptation, and resilience projects.
H 626 - An Act Relating To Animal Welfare
Rep. Durfee of Shaftsbury moved that the Committee on Agriculture, Food Resiliency, and Forestry be relieved of the bill and that the same be committed to the Committee on Government Operations and Military Affairs, which was agreed to (01/19/24)
This bill proposes to establish the Division of Animal Welfare at the Department of Public Safety to develop, implement, and administer a centralized program for investigating and enforcing animal welfare requirements in the State. The bill would also amend or establish standards for the operation of animal shelters and animal rescue organizations. In addition, the bill would amend or establish requirements for the importation or transportation of animals into the State.
This bill is looking at animal welfare broadly but something of note is a fee on all feed types to set up system. The House Government Operations committee took preliminary testimony this week and the committee chair is taking the temperature on the committees willingness to continue work on the bill.
S 272 - An Act Relating To The Regulation Of Second-generation Anticoagulant Rodenticides
Read 1st time & referred to Committee on Agriculture (01/17/24)
This bill proposes to require the Secretary of Agriculture, Food and Markets to register second-generation anticoagulant rodenticides as restricted use pesticides that may only be used by certified pesticide applicators.
The Senate Agriculture committee will add a section into the miscellaneous agriculture bill S.301 to instruct the Agency of Agriculture to write a rule on the misuse of rodenticides.
S 286 - An Act Relating To The Regulation Of Accessory On-farm Businesses
Read 1st time & referred to Committee on Natural Resources and Energy (01/17/24)
This bill proposes to provide that accessory on-farm businesses are not development that require a permit under Act 250.
We met with Chair Bray and he said that they won't have time before crossover to take up the bill but since Act 250 is in many bills this year, he believes that he will have time at the end of March or April. If the testimony is compelling and his committee is interested he would be willing to dedicate time to the bill.
We will likely be looking at H.128 and the misc. agriculture bills for inclusion.
S 292 - An Act Relating To Animal Welfare
Read 1st time & referred to Committee on Government Operations (01/17/24)
This bill proposes to establish the Division of Animal Welfare at the Department of Public Safety to develop, implement, and administer a centralized program for investigating and enforcing animal welfare requirements in the State. The bill would also amend or establish standards for the operation of animal shelters and animal rescue organizations. In addition, the bill would amend or establish requirements for the importation or transportation of animals into the State.
H 810 - An Act Relating To Establishing The Agricultural Workforce And Housing Directory
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/16/24)
This bill proposes to require the Secretary of Agriculture, Food and Markets to establish and administer the Agricultural Workforce and Housing Directory, where a farm in Vermont could list available employment opportunities on that farm. Farms listing jobs on the Directory would be required to provide employees with affordable housing on the farm or off the farm.
H 811 - An Act Relating To The Eligibility Of Posted Land For Enrollment In The Use Value Appraisal Program
Read first time and referred to the Committee on Environment and Energy (01/16/24)
This bill proposes to provide that land posted against hunting, fishing, or trapping that is enrolled in use value appraisal shall receive a reduced tax benefit under each category in which the land is enrolled. The reduction in benefit shall be equal to 25 percent of the difference between a parcel's use value and grand list value.
H 771 - An Act Relating To Landowner Liability For Unmarked And Improperly Marked Access Control Devices
Read first time and referred to the Committee on Judiciary (01/12/24)
This bill proposes to provide that landowners may be held liable for injuries or damage caused by the owner's failure to properly mark access control devices (ACD) such as gates, chains, ropes, and fences. This bill also proposes to require that the Department of Motor Vehicles conduct a public outreach campaign on the potential for landowner liability for failure to properly mark ACDs and recommended methods to properly mark ACDs.
S 261 - An Act Relating To Liability For The Release Of Perfluoroalkyl And Polyfluoroalkyl Substances
Read 1st time & referred to Committee on Judiciary (01/12/24)
This bill proposes to provide that any person who releases perfluoroalkyl and polyfluoroalkyl substances from a large facility shall be held strictly, jointly, and severally liable for any harm resulting from the release.
H 760 - An Act Relating To Act 250 Transparency
Read first time and referred to the Committee on Environment and Energy (01/11/24)
This bill proposes to make multiple changes to Act 250 related to increasing transparency.
H 715 - An Act Relating To Climate Change Resilience Under Act 250
Read first time and referred to the Committee on Environment and Energy (01/10/24)
This bill proposes to make multiple changes to the State land use and development law, known as Act 250.
H 687 - An Act Relating To Community Resilience And Biodiversity Protection Through Land Use
Read first time and referred to the Committee on Environment and Energy (01/09/24)
This bill proposes to make multiple changes to the State land use and development law, known as Act 250. It would also make changes to the regional plans and municipal plans.
The House Environment & Energy Committee continues to press through the bill. The committee seems to be leaning towards supporting more of the environmental approach rather than the business sector or Governor's approach.
Oppose - H 706 - An Act Relating To Banning The Use Of Neonicotinoid Pesticides
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/09/24)
This bill proposes to prohibit the sale, offer for sale or use, distribution, or use of any neonicotinoid treated article seed for soybeans or for any crop in the cereal grains crop group. The bill would also prohibit the application or treatment with a neonicotinoid pesticide for multiple other uses.
This week we had Tucker Purchase, Kevin Kouri, Bradley St. Pierre and Dylan Hurtubise testify in front of the committee, everyone did a great job educating committee members on the difficulties the untreated seeds would have on crops. The committee has not started to mark up the bill, they are expected to start next week. We need members to reach out to their legislators and educate them on the danger of not being able to use the treated seeds.
S 228 - An Act Relating To Requiring A Jurisdictional Opinion To Be Exempt From Act 250
Read 1st time & referred to Committee on Natural Resources and Energy (01/09/24)
This bill proposes to only require a jurisdictional opinion for projects temporarily exempt from Act 250 if the project will not be complete by June 30, 2026.
H 674 - An Act Relating To Regulation Of Septage And Other Materials Containing Perfluoroalkyl And Polyfluoroalkyl Substances
Read first time and referred to the Committee on Environment and Energy (01/05/24)
This bill proposes to prohibit the land application of septage in the State. The bill would prohibit the landfill disposal of waste containing perfluoroalkyl and polyfluoroalkyl substances in excess of State standards or from municipalities lacking a solid waste management implementation or from facilities lacking certification from the State. In addition, the bill would ban the use of sludge for daily cover at a landfill.
S 213 - An Act Relating To The Regulation Of Wetlands, River Corridor Development, And Dam Safety
Read 1st time & referred to Committee on Natural Resources and Energy (01/04/24)
This bill proposes to amend provisions related to wetlands, river corridor development, and dam safety. The bill would establish as State policy that wetlands shall be regulated and managed to produce a net gain of wetlands acreage. The Secretary of Natural Resources would be required to amend wetlands rules to incorporate the net gain policy. The bill would require the Vermont Significant Wetlands Inventory maps to be updated and revised annually. The bill would also require amendment to the existing Vermont Flood Hazard Area and River Corridor Rule to adopt requirements for issuing and enforcing permits for development within a flood hazard area or a mapped river corridor in the State. In addition, the bill would amend the Unsafe Dam Revolving Fund to be the Dam Safety Revolving Fund to provide loans for emergency and nonemergency funding of dam repair. The bill also provides that the owner of a dam or the owner of land on which a dam is located shall be held strictly, jointly, and severally liable for harm caused by the breach of a dam, provided that the dam has been classified as a significant or high hazard potential dam or the person who owns legal title to a dam or the owner of land on which a dam is located is not in full compliance with dam safety rules.
The bill has had numerous versions this week and seems to still be undergoing changes in the committee. There will be more testimony taken next week.
The committee added the following amendments this week:
H 550 - An Act Relating To Expanding Eligibility Under The Local Foods Grant Program
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/03/24)
This bill proposes to increase the activities and equipment that are eligible for a grant under the Local Foods Grant Program.
H 606 - An Act Relating To Professional Licensure And Immigration Status
Read first time and referred to the Committee on Government Operations and Military Affairs (01/03/24)
This bill proposes to enable individuals who meet the requirements for professional licenses to be granted those licenses regardless of their immigration status or lack thereof.
We are monitoring this bill but at this point they are only looking at allowing professions recognized by the Office of Professional Regulation or Agency of Human Services. This is directed at more health care workers.
S 197 - An Act Relating To The Procurement And Distribution Of Products Containing Perfluoroalkyl And Polyfluoroalkyl Substances And Monitoring Adverse Health Conditions Attributed To Perfluoroalkyl And Polyfluoroalkyl Substances
Read 1st time & referred to Committee on Health and Welfare (01/03/24)
This bill proposes to restrict the procurement of certain products containing PFAS by school districts and municipal and State government. It would also require the Department of Health to establish a registry to monitor adverse health conditions and diseases that may be attributable to PFAS exposure. This bill proposes to require the Department of Health to issue a public health advisory regarding the presence of PFAS in drinking water. It further proposes to restrict perfluoroalkyl and polyfluoroalkyl substances as ingredients in pesticides. The bill also proposes to restrict the use of pesticides that have been stored, distributed, or packaged in a fluorinated, high-density polyethylene container that has a perfluoroalkyl and polyfluoroalkyl substance content exceeding 20 parts per trillion.
The Senate Agriculture committee continued to learn about the bill this week. Mike O'Grady, legislative counsel, explained that pesticide companies cannot change the labels based on different states but they can change how they are sold or the amounts that are sold. The committee is concerned with how this will affect farmers and wants to hear from farmers soon. They have not made any changes yet.
Sections 6 & 7 are the ones relevant to VDPA.
Monitor - S 102 - An Act Relating To Expanding Employment Protections And Collective Bargaining Rights
Read first time and referred to the Committee on General and Housing (04/05/23)
This bill proposes to establish a good cause standard for termination of employment, require employers to provide severance pay to terminated employees, and permit employees or representative organizations to bring an enforcement action on behalf of the State for violations of the good cause termination requirement. This bill also proposes to prohibit employers from taking adverse employment actions against an employee in relation to the employee's exercise of free speech rights. This bill also proposes to permit agricultural and domestic workers to collectively bargain and to permit employees to elect a collective bargaining representative through card check elections.
Agricultural workers language was struck in the Senate.
H 420 - An Act Relating To Establishing A Program To Encourage The Implementation Of Year-round Agricultural Practices
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (02/28/23)
This bill proposes to require the Agency of Agriculture, Food and Markets to establish a pilot program to explore providing financial assistance to farmers to implement year-round agricultural practices in various geographic regions of Vermont. The bill would require the Secretary of Agriculture, Food and Markets to adopt standards, criteria, or practices for year-round agriculture. In addition, the bill would appropriate funds to the Agency of Agriculture, Food and Markets for the purpose of implementing a year-round agricultural practice assistance program.
H 128 - An Act Relating To Removing Regulatory Barriers For Working Lands Businesses
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/31/23)
This bill proposes to reduce the amount of mitigation wood products manufacturers need to do for primary agricultural soils. It proposes to exempt small forest product processors from needing an Act 250 permit. It proposes to make changes to the definition of accessory on-farm business and exempt those businesses from needing an Act 250 permit. It would require electric generation facilities with a capacity greater than 500kW to get an Act 250 permit.
On Wednesday, Clara Ayer from Fairmont Farm testified before the committee to review their farm market, effort and potential for growth.
On Friday, the Committee took testimony from a small farmer that would like to process food, a farmer that would like to add housing and another consultant in aligning capital with food and farm businesses. All believe that H.128 is a good step forward but really needs to be teased out so that the law is much clearer to both municipalities, farmers, and communities.
Testimony will continue next week with the goal of voting the bill out by February 23rd.
Oh snap! Who would have thought the State House would become a wedding venue and no less on St. Valentines Day smack in the middle of winter. Sure enough, one of the House Representatives rushed through the front doors on the chilly day and tied the knot. I can’t say as rushing back through the doors under the Golden Dome would count as a highly sought after honeymoon destination but, oh well.
In more serious and nowhere near upbeat news, the wind was definitely not restored in the Legislature’s sails this week with a constant reminder of the conundrum Vermonters are facing with a 20% increase in the property tax. The bill passed by the House and now being lobbied in the Senate would repeal the 5% cap set on tax rate increases, a measure that many business organizations support. This will take the burden off non-residential taxpayers, like renters and businesses, to make up the difference between the 5% cap and full increase in spending. While short-term solutions to soften the projected $250 million statewide school spending hikes are the present focus of the taxing committees, the even greater concern is how they will address the long-term implications of an education fund that does not meet the needs of a school system with dwindling enrollment. Specifically, the next step outlined by legislators is considering new revenue sources for the education fund.
The following tax increases have also been under discussion this session:
· A high-income earner surcharge of 3% aimed at tax filers, filing single or jointly, earning an annual income over $500,000.
· A new personal income tax on unrealized capital gains.
· Moving to a worldwide combined reporting corporate tax.
· Excise tax on sugary beverages.
· Increased taxation on candy (including maple).
· Broadening Vermont’s sales tax.
It was also noted that as of today, the Vermont Legislature has only 15 working days before crossover, so committees need to prioritize bills they want to continue down the road to becoming law, by March 15th. The remainder of priority bills will need to finagle their way into other bills where amendments could be included in order to pass in 2024. That sneaky little maneuver often occurs toward the end of the session when language is tacked onto what some call “Christmas Tree Bills”. Gotta pay close attention to those, so no dozing on the job!
On a sour note, Vermont’s Health Commissioner, Dr. Mark Levine, was dragged over the coals out of the blue for something advocates deemed as “wrongdoing” over recommendations on how to spend $4.9 million in funds available through an opioid settlement. That accusation blasted itself straight up to our fearless leader, Governor Phil Scott, and he had this to say.
“To see Legislative leadership hurl even more accusations at Dr. Levine, who demonstrated his integrity daily during the pandemic, is disheartening. But uncivil treatment of my secretaries and commissioners in this Legislature has unfortunately become increasingly common. We can have policy disagreements without hurling unfounded accusations and demeaning insults,” added Governor Scott.
It appears a lot more feathers are going to get ruffled as we continue down the path to adjournment. So close, but yet so far away.
This bill proposes to make multiple miscellaneous changes to agricultural statutes. The bill would amend eligibility requirements for the Farm Agronomic Practices Program. The bill would adopt additional national standards under the weights and measures standards. In addition, the bill would amend how training can be provided for certified pesticide applicators. The bill would also amend provisions related to mosquito control and provisions related to the regulation of fertilizer, limes, plant amendment, plant biostimulants, and soil amendments.
In House Ag
The annual house Miscellaneous Agriculture bill got its first walk through this week, it is largely technical in nature. However, there is a change to the pesticide training and certification program in AAFM. The Agency wants to have the ability to contract with a third-party vendor to administer pesticide examinations through a remote program. The Agency may also charge an additional fee to applicants who prefer to utilize the electronic or alternate testing service for pesticide certification or licensing examinations.
AAFM will still administer in person examinations that do not include an additional fee.
S 311 - An Act Relating To Bringing Everyone Home
NEW STATUS: Committee Bill for Second Reading (02/20/24)
This bill proposes to make multiple changes related to housing, including land use planning, Act 250, municipal zoning, taxes, and housing incentives and programs.
H 856 - An Act Relating To Medical Leave For A Serious Injury
Read first time and referred to the Committee on General and Housing (02/14/24)
This bill proposes to provide that an eligible employee may take leave under Vermont's Parental and Family Leave Act to recover from the employee's own serious injury or to care for a family member with a serious injury.
H 81 - An Act Relating To Fair Repair Of Agricultural Equipment
NEW STATUS: Committee on Economic Development, Housing and General Affairs relieved; bill committed to Committee on Agriculture on motion of Senator Ram Hinsdale (02/09/24)
This bill proposes to ensure the fair repair of agricultural equipment.
S 46 - An Act Relating To The Vermont Fair Repair Act
Committee on Economic Development, Housing and General Affairs relieved; bill committed to Committee on Agriculture on motion of Senator Ram Hinsdale (02/07/24)
This bill proposes to make available from original manufacturers to consumers and independent repair providers the information, schematics, diagnostics, and repair manuals necessary to repair certain equipment.
H 844 - An Act Relating To Appeal Rights For Extraterritorial Users Of Municipal Water And Sewer Systems
Read first time and referred to the Committee on Government Operations and Military Affairs (02/01/24)
This bill proposes to amend 24 V.S.A. chapters 89 (waterworks), 91 (consolidated water districts), (sewage system), 101 (sewage disposal system), and 105 (consolidated sewer districts) to establish rate appeal procedures for extraterritorial users of municipal water and sewer systems. This bill proposes to allow extraterritorial users to appeal a disproportionate rate to the Public Utility Commission and require the Commission to determine whether the disproportionate rate is based on the actual cost of supplying services in the extraterritorial service area.
S 306 - An Act Relating To Changes To The Clean Heat Standard
Committed to Committee on Natural Resources and Energy on motion of Senator Bray
Committee bill read first time & placed on Notice Calendar per Senate Rule 48 (01/31/24)
This bill proposes to make multiple miscellaneous changes to the Clean Heat Standard.
S 308 - An Act Relating To Updates To Land Use Planning
Committed to Committee on Natural Resources and Energy on motion of Senator Bray
Committee bill read first time & placed on Notice Calendar per Senate Rule 48 (01/31/24)
This bill proposes to make multiple changes to the State's land use planning processes, including Act 250 permit appeals, regional plan future land use maps, and the Designated Areas.
S 301 - An Act Relating To Miscellaneous Agricultural Subjects
Committed to the Committee on Agriculture on motion of Senator Starr
Committee bill read first time & placed on Notice Calendar per Senate Rule 48 (01/26/24)
This bill proposes to make multiple miscellaneous changes to agricultural statutes. The bill would amend the requirements for the Vermont Seeding and Filter Strip Program. The bill also would amend the licensing requirements for agricultural warehouses. In addition, the bill would amend livestock dealer licensing requirements. The bill also amends eligibility requirements for financial assistance from the Vermont Agricultural Credit Corporation.
This bill is a technical corrections bill, but could become a vehicle for other language.
H 586 - An Act Relating To Flood Protection And Climate Resilience Infrastructure And Financing
Rep. Sheldon of Middlebury moved that the Committee on Environment and Energy be relieved of the bill and that the same be committed to the Committee on Ways and Means, which was agreed to (01/24/24)
This bill proposes to amend or enact multiple provisions related to improved flood protection and climate resilience in the State. The bill would also establish or authorize additional activities for the financing of climate mitigation, adaptation, and resilience projects.
H 626 - An Act Relating To Animal Welfare
Rep. Durfee of Shaftsbury moved that the Committee on Agriculture, Food Resiliency, and Forestry be relieved of the bill and that the same be committed to the Committee on Government Operations and Military Affairs, which was agreed to (01/19/24)
This bill proposes to establish the Division of Animal Welfare at the Department of Public Safety to develop, implement, and administer a centralized program for investigating and enforcing animal welfare requirements in the State. The bill would also amend or establish standards for the operation of animal shelters and animal rescue organizations. In addition, the bill would amend or establish requirements for the importation or transportation of animals into the State.
This bill is looking at animal welfare broadly but something of note is a fee on all feed types to set up system. The House Government Operations committee took preliminary testimony this week and the committee chair is taking the temperature on the committees willingness to continue work on the bill.
S 272 - An Act Relating To The Regulation Of Second-generation Anticoagulant Rodenticides
Read 1st time & referred to Committee on Agriculture (01/17/24)
This bill proposes to require the Secretary of Agriculture, Food and Markets to register second-generation anticoagulant rodenticides as restricted use pesticides that may only be used by certified pesticide applicators.
The Senate Agriculture committee will add a section into the miscellaneous agriculture bill S.301 to instruct the Agency of Agriculture to write a rule on the misuse of rodenticides.
S 286 - An Act Relating To The Regulation Of Accessory On-farm Businesses
Read 1st time & referred to Committee on Natural Resources and Energy (01/17/24)
This bill proposes to provide that accessory on-farm businesses are not development that require a permit under Act 250.
We met with Chair Bray and he said that they won't have time before crossover to take up the bill but since Act 250 is in many bills this year, he believes that he will have time at the end of March or April. If the testimony is compelling and his committee is interested he would be willing to dedicate time to the bill.
We will likely be looking at H.128 and the misc. agriculture bills for inclusion.
S 292 - An Act Relating To Animal Welfare
Read 1st time & referred to Committee on Government Operations (01/17/24)
This bill proposes to establish the Division of Animal Welfare at the Department of Public Safety to develop, implement, and administer a centralized program for investigating and enforcing animal welfare requirements in the State. The bill would also amend or establish standards for the operation of animal shelters and animal rescue organizations. In addition, the bill would amend or establish requirements for the importation or transportation of animals into the State.
H 810 - An Act Relating To Establishing The Agricultural Workforce And Housing Directory
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/16/24)
This bill proposes to require the Secretary of Agriculture, Food and Markets to establish and administer the Agricultural Workforce and Housing Directory, where a farm in Vermont could list available employment opportunities on that farm. Farms listing jobs on the Directory would be required to provide employees with affordable housing on the farm or off the farm.
H 811 - An Act Relating To The Eligibility Of Posted Land For Enrollment In The Use Value Appraisal Program
Read first time and referred to the Committee on Environment and Energy (01/16/24)
This bill proposes to provide that land posted against hunting, fishing, or trapping that is enrolled in use value appraisal shall receive a reduced tax benefit under each category in which the land is enrolled. The reduction in benefit shall be equal to 25 percent of the difference between a parcel's use value and grand list value.
H 771 - An Act Relating To Landowner Liability For Unmarked And Improperly Marked Access Control Devices
Read first time and referred to the Committee on Judiciary (01/12/24)
This bill proposes to provide that landowners may be held liable for injuries or damage caused by the owner's failure to properly mark access control devices (ACD) such as gates, chains, ropes, and fences. This bill also proposes to require that the Department of Motor Vehicles conduct a public outreach campaign on the potential for landowner liability for failure to properly mark ACDs and recommended methods to properly mark ACDs.
S 261 - An Act Relating To Liability For The Release Of Perfluoroalkyl And Polyfluoroalkyl Substances
Read 1st time & referred to Committee on Judiciary (01/12/24)
This bill proposes to provide that any person who releases perfluoroalkyl and polyfluoroalkyl substances from a large facility shall be held strictly, jointly, and severally liable for any harm resulting from the release.
H 760 - An Act Relating To Act 250 Transparency
Read first time and referred to the Committee on Environment and Energy (01/11/24)
This bill proposes to make multiple changes to Act 250 related to increasing transparency.
H 715 - An Act Relating To Climate Change Resilience Under Act 250
Read first time and referred to the Committee on Environment and Energy (01/10/24)
This bill proposes to make multiple changes to the State land use and development law, known as Act 250.
H 687 - An Act Relating To Community Resilience And Biodiversity Protection Through Land Use
Read first time and referred to the Committee on Environment and Energy (01/09/24)
This bill proposes to make multiple changes to the State land use and development law, known as Act 250. It would also make changes to the regional plans and municipal plans.
The House Environment & Energy Committee continues to press through the bill. The committee seems to be leaning towards supporting more of the environmental approach rather than the business sector or Governor's approach.
Oppose - H 706 - An Act Relating To Banning The Use Of Neonicotinoid Pesticides
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/09/24)
This bill proposes to prohibit the sale, offer for sale or use, distribution, or use of any neonicotinoid treated article seed for soybeans or for any crop in the cereal grains crop group. The bill would also prohibit the application or treatment with a neonicotinoid pesticide for multiple other uses.
This week we had Tucker Purchase, Kevin Kouri, Bradley St. Pierre and Dylan Hurtubise testify in front of the committee, everyone did a great job educating committee members on the difficulties the untreated seeds would have on crops. The committee has not started to mark up the bill, they are expected to start next week. We need members to reach out to their legislators and educate them on the danger of not being able to use the treated seeds.
S 228 - An Act Relating To Requiring A Jurisdictional Opinion To Be Exempt From Act 250
Read 1st time & referred to Committee on Natural Resources and Energy (01/09/24)
This bill proposes to only require a jurisdictional opinion for projects temporarily exempt from Act 250 if the project will not be complete by June 30, 2026.
H 674 - An Act Relating To Regulation Of Septage And Other Materials Containing Perfluoroalkyl And Polyfluoroalkyl Substances
Read first time and referred to the Committee on Environment and Energy (01/05/24)
This bill proposes to prohibit the land application of septage in the State. The bill would prohibit the landfill disposal of waste containing perfluoroalkyl and polyfluoroalkyl substances in excess of State standards or from municipalities lacking a solid waste management implementation or from facilities lacking certification from the State. In addition, the bill would ban the use of sludge for daily cover at a landfill.
S 213 - An Act Relating To The Regulation Of Wetlands, River Corridor Development, And Dam Safety
Read 1st time & referred to Committee on Natural Resources and Energy (01/04/24)
This bill proposes to amend provisions related to wetlands, river corridor development, and dam safety. The bill would establish as State policy that wetlands shall be regulated and managed to produce a net gain of wetlands acreage. The Secretary of Natural Resources would be required to amend wetlands rules to incorporate the net gain policy. The bill would require the Vermont Significant Wetlands Inventory maps to be updated and revised annually. The bill would also require amendment to the existing Vermont Flood Hazard Area and River Corridor Rule to adopt requirements for issuing and enforcing permits for development within a flood hazard area or a mapped river corridor in the State. In addition, the bill would amend the Unsafe Dam Revolving Fund to be the Dam Safety Revolving Fund to provide loans for emergency and nonemergency funding of dam repair. The bill also provides that the owner of a dam or the owner of land on which a dam is located shall be held strictly, jointly, and severally liable for harm caused by the breach of a dam, provided that the dam has been classified as a significant or high hazard potential dam or the person who owns legal title to a dam or the owner of land on which a dam is located is not in full compliance with dam safety rules.
The bill has had numerous versions this week and seems to still be undergoing changes in the committee. There will be more testimony taken next week.
The committee added the following amendments this week:
- Beginning January 1, 2025 and ending January 1, 2027, the Department of Environmental Conservation shall conduct an education and outreach program to consult with and collect input from municipalities, businesses, property owners, farmers, and other members of the public regarding how State permitting of development in mapped river corridors will be implemented, including potential restrictions on the use of land within mapped river corridors. The Department shall develop educational materials for the public as part of its charge under this section. The Department shall collect input from the public regarding the permitting of development in mapped river corridors as proposed by this act.
- Creates a Study Committee on Enrolling Floodplain Management Land in the Use Value Appraisal Program to determine whether or how to authorize the enrollment of land designated for floodplain management in the Use Value Appraisal (UVA) Program
H 550 - An Act Relating To Expanding Eligibility Under The Local Foods Grant Program
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/03/24)
This bill proposes to increase the activities and equipment that are eligible for a grant under the Local Foods Grant Program.
H 606 - An Act Relating To Professional Licensure And Immigration Status
Read first time and referred to the Committee on Government Operations and Military Affairs (01/03/24)
This bill proposes to enable individuals who meet the requirements for professional licenses to be granted those licenses regardless of their immigration status or lack thereof.
We are monitoring this bill but at this point they are only looking at allowing professions recognized by the Office of Professional Regulation or Agency of Human Services. This is directed at more health care workers.
S 197 - An Act Relating To The Procurement And Distribution Of Products Containing Perfluoroalkyl And Polyfluoroalkyl Substances And Monitoring Adverse Health Conditions Attributed To Perfluoroalkyl And Polyfluoroalkyl Substances
Read 1st time & referred to Committee on Health and Welfare (01/03/24)
This bill proposes to restrict the procurement of certain products containing PFAS by school districts and municipal and State government. It would also require the Department of Health to establish a registry to monitor adverse health conditions and diseases that may be attributable to PFAS exposure. This bill proposes to require the Department of Health to issue a public health advisory regarding the presence of PFAS in drinking water. It further proposes to restrict perfluoroalkyl and polyfluoroalkyl substances as ingredients in pesticides. The bill also proposes to restrict the use of pesticides that have been stored, distributed, or packaged in a fluorinated, high-density polyethylene container that has a perfluoroalkyl and polyfluoroalkyl substance content exceeding 20 parts per trillion.
The Senate Agriculture committee continued to learn about the bill this week. Mike O'Grady, legislative counsel, explained that pesticide companies cannot change the labels based on different states but they can change how they are sold or the amounts that are sold. The committee is concerned with how this will affect farmers and wants to hear from farmers soon. They have not made any changes yet.
Sections 6 & 7 are the ones relevant to VDPA.
- Requires any manufactures of a chemical substance to have to submit to EPA weather or not there is PFAS in that product
- Banning the use of sale of pesticides that have 1 of the 6 common PFAS
- Talking about how PFAS might leak into rodenticides through containers
- Pesticide is not banned, but it needs to come in a different container
- VT is the only state that (O’Grady thinks) regulates treated articles
- The manufacture to even get distributed the state has to have a proper registration
- Act takes effect July 1 2024 - restriction sections 6/7 January 1 2025
- This was brought in through efforts in Maine to ban all PFAS products
- Theres been a larger response at federal level too
Monitor - S 102 - An Act Relating To Expanding Employment Protections And Collective Bargaining Rights
Read first time and referred to the Committee on General and Housing (04/05/23)
This bill proposes to establish a good cause standard for termination of employment, require employers to provide severance pay to terminated employees, and permit employees or representative organizations to bring an enforcement action on behalf of the State for violations of the good cause termination requirement. This bill also proposes to prohibit employers from taking adverse employment actions against an employee in relation to the employee's exercise of free speech rights. This bill also proposes to permit agricultural and domestic workers to collectively bargain and to permit employees to elect a collective bargaining representative through card check elections.
Agricultural workers language was struck in the Senate.
H 420 - An Act Relating To Establishing A Program To Encourage The Implementation Of Year-round Agricultural Practices
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (02/28/23)
This bill proposes to require the Agency of Agriculture, Food and Markets to establish a pilot program to explore providing financial assistance to farmers to implement year-round agricultural practices in various geographic regions of Vermont. The bill would require the Secretary of Agriculture, Food and Markets to adopt standards, criteria, or practices for year-round agriculture. In addition, the bill would appropriate funds to the Agency of Agriculture, Food and Markets for the purpose of implementing a year-round agricultural practice assistance program.
H 128 - An Act Relating To Removing Regulatory Barriers For Working Lands Businesses
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/31/23)
This bill proposes to reduce the amount of mitigation wood products manufacturers need to do for primary agricultural soils. It proposes to exempt small forest product processors from needing an Act 250 permit. It proposes to make changes to the definition of accessory on-farm business and exempt those businesses from needing an Act 250 permit. It would require electric generation facilities with a capacity greater than 500kW to get an Act 250 permit.
On Wednesday, Clara Ayer from Fairmont Farm testified before the committee to review their farm market, effort and potential for growth.
On Friday, the Committee took testimony from a small farmer that would like to process food, a farmer that would like to add housing and another consultant in aligning capital with food and farm businesses. All believe that H.128 is a good step forward but really needs to be teased out so that the law is much clearer to both municipalities, farmers, and communities.
Testimony will continue next week with the goal of voting the bill out by February 23rd.
Week 6 of the Vermont Legislative Session – February 9, 2024
Everybody gather ‘round, we have got some great and exciting news to share. The Committee on Joint Rules met Wednesday morning to vote on the upcoming crossover deadlines. A bill must pass one chamber of the Legislature by the deadline, or it’s effectively done for the year. The dates are set for March 15th for policy bills and March 22nd for money bills, or bills that have an appropriation in them. That took a hot 45 seconds and just like that, the meeting was nearing adjournment. But not before the infamous Senator Clarkson asked if any other issues were relevant to bring up. They landed on something that has been a bit fickle in the recent past, that being decorum or lack thereof. It appears decorum has faltered somewhat with over 30% turnover of the previously seasoned legislature. She asked that House & Senate leaders of their packs offer reminders to their respective chambers on how to behave while under their beloved Golden Dome, particularly in joint assemblies. Herding 180 Legislators into one room can be challenging to maintain calmness. House Speaker Jill Krowinski acknowledged this and admitted the House is constantly doing decorum reminders. Senator Clarkson quipped “that is why you are all so well behaved” which may have garnered a snicker or two and circled back with ‘of course you do that on such a regular basis, no one gets to see the bull whip behind her back”. On that note, the meeting ended. Hmmm….
Another conflict in the halls of the Statehouse is the annual Budget Adjustment Act (BAA). Often not a big deal and certainly not a typical ‘get in the ring with your boxing gloves’ bill, but this year the House punted it over to the Senate and the upper chamber was not overflowing with giddiness about it. Lots more to come on that tussle but in a nutshell, Senator Kitchel presented the BAA to her members starting off with saying the House version spends the $29M from the previously announced revenue upgrade as did the Governor’s 2025 budget but said “you can’t spend the twenty-five million twice”. Well by golly, isn’t that the truth! The Senate completed their work on the bill Friday and passed it out on a vote of 25-3 and heads back to the House for further consideration.
And guess who is at it again with the ‘tsk-tsk shaking of his head… Yep, it’s Papa Scott and he is NOT very happy with the progress, or lack of progress he is seeing so far coming out of Montpelier’s ‘Capitol Hill’. During his weekly press conference, he let loose.
“On January 10, I stood here with a tripartisan group of lawmakers and stakeholders to outline good, solid proposals that had wide support, and I felt good about the odds of passing something meaningful. But one month into the session. I’m not as confident as I was that day,” said Governor Scott. “It appears, in some committees, they’re moving in the opposite direction. Instead of prioritizing how to produce more homes, which would address all kinds of issues like workforce, healthcare, property taxes, education and more, some are looking to add to the regulatory burden and put us further behind.”
Referring to the housing crisis we have on our hands and on the top of many minds he stated, “Leaving rural Vermont out of our housing strategy is far from strategic, fair, or acceptable. And to be clear, I’m not proposing we build on our mountaintops, develop forest land, or create sprawl.”
H 81 - An Act Relating To Fair Repair Of Agricultural Equipment
NEW STATUS: Committee on Economic Development, Housing and General Affairs relieved; bill committed to Committee on Agriculture on motion of Senator Ram Hinsdale (02/09/24)
This bill proposes to ensure the fair repair of agricultural equipment.
S 46 - An Act Relating To The Vermont Fair Repair Act
NEW STATUS: Committee on Economic Development, Housing and General Affairs relieved; bill committed to Committee on Agriculture on motion of Senator Ram Hinsdale (02/07/24)
This bill proposes to make available from original manufacturers to consumers and independent repair providers the information, schematics, diagnostics, and repair manuals necessary to repair certain equipment.
H 844 - An Act Relating To Appeal Rights For Extraterritorial Users Of Municipal Water And Sewer Systems
Read first time and referred to the Committee on Government Operations and Military Affairs (02/01/24)
This bill proposes to amend 24 V.S.A. chapters 89 (waterworks), 91 (consolidated water districts), (sewage system), 101 (sewage disposal system), and 105 (consolidated sewer districts) to establish rate appeal procedures for extraterritorial users of municipal water and sewer systems. This bill proposes to allow extraterritorial users to appeal a disproportionate rate to the Public Utility Commission and require the Commission to determine whether the disproportionate rate is based on the actual cost of supplying services in the extraterritorial service area.
S 306 - An Act Relating To Changes To The Clean Heat Standard
Committed to Committee on Natural Resources and Energy on motion of Senator Bray
Committee bill read first time & placed on Notice Calendar per Senate Rule 48 (01/31/24)
This bill proposes to make multiple miscellaneous changes to the Clean Heat Standard.
S 308 - An Act Relating To Updates To Land Use Planning
Committed to Committee on Natural Resources and Energy on motion of Senator Bray
Committee bill read first time & placed on Notice Calendar per Senate Rule 48 (01/31/24)
This bill proposes to make multiple changes to the State's land use planning processes, including Act 250 permit appeals, regional plan future land use maps, and the Designated Areas.
S 301 - An Act Relating To Miscellaneous Agricultural Subjects
Committed to the Committee on Agriculture on motion of Senator Starr
Committee bill read first time & placed on Notice Calendar per Senate Rule 48 (01/26/24)
This bill proposes to make multiple miscellaneous changes to agricultural statutes. The bill would amend the requirements for the Vermont Seeding and Filter Strip Program. The bill also would amend the licensing requirements for agricultural warehouses. In addition, the bill would amend livestock dealer licensing requirements. The bill also amends eligibility requirements for financial assistance from the Vermont Agricultural Credit Corporation.
This bill is a technical corrections bill, but could become a vehicle for other language.
H 586 - An Act Relating To Flood Protection And Climate Resilience Infrastructure And Financing
Rep. Sheldon of Middlebury moved that the Committee on Environment and Energy be relieved of the bill and that the same be committed to the Committee on Ways and Means, which was agreed to (01/24/24)
This bill proposes to amend or enact multiple provisions related to improved flood protection and climate resilience in the State. The bill would also establish or authorize additional activities for the financing of climate mitigation, adaptation, and resilience projects.
H 626 - An Act Relating To Animal Welfare
Rep. Durfee of Shaftsbury moved that the Committee on Agriculture, Food Resiliency, and Forestry be relieved of the bill and that the same be committed to the Committee on Government Operations and Military Affairs, which was agreed to (01/19/24)
This bill proposes to establish the Division of Animal Welfare at the Department of Public Safety to develop, implement, and administer a centralized program for investigating and enforcing animal welfare requirements in the State. The bill would also amend or establish standards for the operation of animal shelters and animal rescue organizations. In addition, the bill would amend or establish requirements for the importation or transportation of animals into the State.
This bill is looking at animal welfare broadly but something of note is a fee on all feed types to set up system.
S 272 - An Act Relating To The Regulation Of Second-generation Anticoagulant Rodenticides
Read 1st time & referred to Committee on Agriculture (01/17/24)
This bill proposes to require the Secretary of Agriculture, Food and Markets to register second-generation anticoagulant rodenticides as restricted use pesticides that may only be used by certified pesticide applicators.
S 286 - An Act Relating To The Regulation Of Accessory On-farm Businesses
Read 1st time & referred to Committee on Natural Resources and Energy (01/17/24)
This bill proposes to provide that accessory on-farm businesses are not development that require a permit under Act 250.
S 292 - An Act Relating To Animal Welfare
Read 1st time & referred to Committee on Government Operations (01/17/24)
This bill proposes to establish the Division of Animal Welfare at the Department of Public Safety to develop, implement, and administer a centralized program for investigating and enforcing animal welfare requirements in the State. The bill would also amend or establish standards for the operation of animal shelters and animal rescue organizations. In addition, the bill would amend or establish requirements for the importation or transportation of animals into the State.
H 810 - An Act Relating To Establishing The Agricultural Workforce And Housing Directory
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/16/24)
This bill proposes to require the Secretary of Agriculture, Food and Markets to establish and administer the Agricultural Workforce and Housing Directory, where a farm in Vermont could list available employment opportunities on that farm. Farms listing jobs on the Directory would be required to provide employees with affordable housing on the farm or off the farm.
H 811 - An Act Relating To The Eligibility Of Posted Land For Enrollment In The Use Value Appraisal Program
Read first time and referred to the Committee on Environment and Energy (01/16/24)
This bill proposes to provide that land posted against hunting, fishing, or trapping that is enrolled in use value appraisal shall receive a reduced tax benefit under each category in which the land is enrolled. The reduction in benefit shall be equal to 25 percent of the difference between a parcel's use value and grand list value.
H 771 - An Act Relating To Landowner Liability For Unmarked And Improperly Marked Access Control Devices
Read first time and referred to the Committee on Judiciary (01/12/24)
This bill proposes to provide that landowners may be held liable for injuries or damage caused by the owner's failure to properly mark access control devices (ACD) such as gates, chains, ropes, and fences. This bill also proposes to require that the Department of Motor Vehicles conduct a public outreach campaign on the potential for landowner liability for failure to properly mark ACDs and recommended methods to properly mark ACDs.
S 261 - An Act Relating To Liability For The Release Of Perfluoroalkyl And Polyfluoroalkyl Substances
Read 1st time & referred to Committee on Judiciary (01/12/24)
This bill proposes to provide that any person who releases perfluoroalkyl and polyfluoroalkyl substances from a large facility shall be held strictly, jointly, and severally liable for any harm resulting from the release.
H 760 - An Act Relating To Act 250 Transparency
Read first time and referred to the Committee on Environment and Energy (01/11/24)
This bill proposes to make multiple changes to Act 250 related to increasing transparency.
H 715 - An Act Relating To Climate Change Resilience Under Act 250
Read first time and referred to the Committee on Environment and Energy (01/10/24)
This bill proposes to make multiple changes to the State land use and development law, known as Act 250.
H 687 - An Act Relating To Community Resilience And Biodiversity Protection Through Land Use
Read first time and referred to the Committee on Environment and Energy (01/09/24)
This bill proposes to make multiple changes to the State land use and development law, known as Act 250. It would also make changes to the regional plans and municipal plans.
As currently drafted, H.687 would render more than 90% of the state subject to automatic Act 250 jurisdiction.
For perspective, currently, less than 15% of the Vermont landscape falls under automatic Act 250 jurisdiction. And 90% of the State would fall under this bill; single-family home, or maybe even a garden shed, you’ll need to go through Act 250 which we know adds costs and time.
Very few Act 250 exemptions are included and have been narrowed, more stringent, and geographically limited, making nearly the entire state subject to Act 250.
Oppose - H 706 - An Act Relating To Banning The Use Of Neonicotinoid Pesticides
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/09/24)
This bill proposes to prohibit the sale, offer for sale or use, distribution, or use of any neonicotinoid treated article seed for soybeans or for any crop in the cereal grains crop group. The bill would also prohibit the application or treatment with a neonicotinoid pesticide for multiple other uses.
VDPA had two members testify this week who did a great job, we look forward to having the committee hear from more members next week. The committee has not started to mark up the bill, they are expected to start the week of February 19.
S 228 - An Act Relating To Requiring A Jurisdictional Opinion To Be Exempt From Act 250
Read 1st time & referred to Committee on Natural Resources and Energy (01/09/24)
This bill proposes to only require a jurisdictional opinion for projects temporarily exempt from Act 250 if the project will not be complete by June 30, 2026.
H 674 - An Act Relating To Regulation Of Septage And Other Materials Containing Perfluoroalkyl And Polyfluoroalkyl Substances
Read first time and referred to the Committee on Environment and Energy (01/05/24)
This bill proposes to prohibit the land application of septage in the State. The bill would prohibit the landfill disposal of waste containing perfluoroalkyl and polyfluoroalkyl substances in excess of State standards or from municipalities lacking a solid waste management implementation or from facilities lacking certification from the State. In addition, the bill would ban the use of sludge for daily cover at a landfill.
S 213 - An Act Relating To The Regulation Of Wetlands, River Corridor Development, And Dam Safety
Read 1st time & referred to Committee on Natural Resources and Energy (01/04/24)
This bill proposes to amend provisions related to wetlands, river corridor development, and dam safety. The bill would establish as State policy that wetlands shall be regulated and managed to produce a net gain of wetlands acreage. The Secretary of Natural Resources would be required to amend wetlands rules to incorporate the net gain policy. The bill would require the Vermont Significant Wetlands Inventory maps to be updated and revised annually. The bill would also require amendment to the existing Vermont Flood Hazard Area and River Corridor Rule to adopt requirements for issuing and enforcing permits for development within a flood hazard area or a mapped river corridor in the State. In addition, the bill would amend the Unsafe Dam Revolving Fund to be the Dam Safety Revolving Fund to provide loans for emergency and nonemergency funding of dam repair. The bill also provides that the owner of a dam or the owner of land on which a dam is located shall be held strictly, jointly, and severally liable for harm caused by the breach of a dam, provided that the dam has been classified as a significant or high hazard potential dam or the person who owns legal title to a dam or the owner of land on which a dam is located is not in full compliance with dam safety rules.
H 550 - An Act Relating To Expanding Eligibility Under The Local Foods Grant Program
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/03/24)
This bill proposes to increase the activities and equipment that are eligible for a grant under the Local Foods Grant Program.
S 197 - An Act Relating To The Procurement And Distribution Of Products Containing Perfluoroalkyl And Polyfluoroalkyl Substances And Monitoring Adverse Health Conditions Attributed To Perfluoroalkyl And Polyfluoroalkyl Substances
Read 1st time & referred to Committee on Health and Welfare (01/03/24)
This bill proposes to restrict the procurement of certain products containing PFAS by school districts and municipal and State government. It would also require the Department of Health to establish a registry to monitor adverse health conditions and diseases that may be attributable to PFAS exposure. This bill proposes to require the Department of Health to issue a public health advisory regarding the presence of PFAS in drinking water. It further proposes to restrict perfluoroalkyl and polyfluoroalkyl substances as ingredients in pesticides. The bill also proposes to restrict the use of pesticides that have been stored, distributed, or packaged in a fluorinated, high-density polyethylene container that has a perfluoroalkyl and polyfluoroalkyl substance content exceeding 20 parts per trillion.
The Senate Agriculture committee has been learning about this bill this week, even though they don't have official possession of this bill.
Sections 6 & 7 are the ones relevant to VDPA.
Monitor - S 102 - An Act Relating To Expanding Employment Protections And Collective Bargaining Rights
Read first time and referred to the Committee on General and Housing (04/05/23)
This bill proposes to establish a good cause standard for termination of employment, require employers to provide severance pay to terminated employees, and permit employees or representative organizations to bring an enforcement action on behalf of the State for violations of the good cause termination requirement. This bill also proposes to prohibit employers from taking adverse employment actions against an employee in relation to the employee's exercise of free speech rights. This bill also proposes to permit agricultural and domestic workers to collectively bargain and to permit employees to elect a collective bargaining representative through card check elections.
Agricultural workers language was struck in the Senate.
H 420 - An Act Relating To Establishing A Program To Encourage The Implementation Of Year-round Agricultural Practices
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (02/28/23)
This bill proposes to require the Agency of Agriculture, Food and Markets to establish a pilot program to explore providing financial assistance to farmers to implement year-round agricultural practices in various geographic regions of Vermont. The bill would require the Secretary of Agriculture, Food and Markets to adopt standards, criteria, or practices for year-round agriculture. In addition, the bill would appropriate funds to the Agency of Agriculture, Food and Markets for the purpose of implementing a year-round agricultural practice assistance program.
H 128 - An Act Relating To Removing Regulatory Barriers For Working Lands Businesses
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/31/23)
This bill proposes to reduce the amount of mitigation wood products manufacturers need to do for primary agricultural soils. It proposes to exempt small forest product processors from needing an Act 250 permit. It proposes to make changes to the definition of accessory on-farm business and exempt those businesses from needing an Act 250 permit. It would require electric generation facilities with a capacity greater than 500kW to get an Act 250 permit.
A bill walk through was provided to the committee. VT NRC commented briefly in support of the need to protect farm land to keep it open and help farmers remain in farming.
Everybody gather ‘round, we have got some great and exciting news to share. The Committee on Joint Rules met Wednesday morning to vote on the upcoming crossover deadlines. A bill must pass one chamber of the Legislature by the deadline, or it’s effectively done for the year. The dates are set for March 15th for policy bills and March 22nd for money bills, or bills that have an appropriation in them. That took a hot 45 seconds and just like that, the meeting was nearing adjournment. But not before the infamous Senator Clarkson asked if any other issues were relevant to bring up. They landed on something that has been a bit fickle in the recent past, that being decorum or lack thereof. It appears decorum has faltered somewhat with over 30% turnover of the previously seasoned legislature. She asked that House & Senate leaders of their packs offer reminders to their respective chambers on how to behave while under their beloved Golden Dome, particularly in joint assemblies. Herding 180 Legislators into one room can be challenging to maintain calmness. House Speaker Jill Krowinski acknowledged this and admitted the House is constantly doing decorum reminders. Senator Clarkson quipped “that is why you are all so well behaved” which may have garnered a snicker or two and circled back with ‘of course you do that on such a regular basis, no one gets to see the bull whip behind her back”. On that note, the meeting ended. Hmmm….
Another conflict in the halls of the Statehouse is the annual Budget Adjustment Act (BAA). Often not a big deal and certainly not a typical ‘get in the ring with your boxing gloves’ bill, but this year the House punted it over to the Senate and the upper chamber was not overflowing with giddiness about it. Lots more to come on that tussle but in a nutshell, Senator Kitchel presented the BAA to her members starting off with saying the House version spends the $29M from the previously announced revenue upgrade as did the Governor’s 2025 budget but said “you can’t spend the twenty-five million twice”. Well by golly, isn’t that the truth! The Senate completed their work on the bill Friday and passed it out on a vote of 25-3 and heads back to the House for further consideration.
And guess who is at it again with the ‘tsk-tsk shaking of his head… Yep, it’s Papa Scott and he is NOT very happy with the progress, or lack of progress he is seeing so far coming out of Montpelier’s ‘Capitol Hill’. During his weekly press conference, he let loose.
“On January 10, I stood here with a tripartisan group of lawmakers and stakeholders to outline good, solid proposals that had wide support, and I felt good about the odds of passing something meaningful. But one month into the session. I’m not as confident as I was that day,” said Governor Scott. “It appears, in some committees, they’re moving in the opposite direction. Instead of prioritizing how to produce more homes, which would address all kinds of issues like workforce, healthcare, property taxes, education and more, some are looking to add to the regulatory burden and put us further behind.”
Referring to the housing crisis we have on our hands and on the top of many minds he stated, “Leaving rural Vermont out of our housing strategy is far from strategic, fair, or acceptable. And to be clear, I’m not proposing we build on our mountaintops, develop forest land, or create sprawl.”
H 81 - An Act Relating To Fair Repair Of Agricultural Equipment
NEW STATUS: Committee on Economic Development, Housing and General Affairs relieved; bill committed to Committee on Agriculture on motion of Senator Ram Hinsdale (02/09/24)
This bill proposes to ensure the fair repair of agricultural equipment.
S 46 - An Act Relating To The Vermont Fair Repair Act
NEW STATUS: Committee on Economic Development, Housing and General Affairs relieved; bill committed to Committee on Agriculture on motion of Senator Ram Hinsdale (02/07/24)
This bill proposes to make available from original manufacturers to consumers and independent repair providers the information, schematics, diagnostics, and repair manuals necessary to repair certain equipment.
H 844 - An Act Relating To Appeal Rights For Extraterritorial Users Of Municipal Water And Sewer Systems
Read first time and referred to the Committee on Government Operations and Military Affairs (02/01/24)
This bill proposes to amend 24 V.S.A. chapters 89 (waterworks), 91 (consolidated water districts), (sewage system), 101 (sewage disposal system), and 105 (consolidated sewer districts) to establish rate appeal procedures for extraterritorial users of municipal water and sewer systems. This bill proposes to allow extraterritorial users to appeal a disproportionate rate to the Public Utility Commission and require the Commission to determine whether the disproportionate rate is based on the actual cost of supplying services in the extraterritorial service area.
S 306 - An Act Relating To Changes To The Clean Heat Standard
Committed to Committee on Natural Resources and Energy on motion of Senator Bray
Committee bill read first time & placed on Notice Calendar per Senate Rule 48 (01/31/24)
This bill proposes to make multiple miscellaneous changes to the Clean Heat Standard.
S 308 - An Act Relating To Updates To Land Use Planning
Committed to Committee on Natural Resources and Energy on motion of Senator Bray
Committee bill read first time & placed on Notice Calendar per Senate Rule 48 (01/31/24)
This bill proposes to make multiple changes to the State's land use planning processes, including Act 250 permit appeals, regional plan future land use maps, and the Designated Areas.
S 301 - An Act Relating To Miscellaneous Agricultural Subjects
Committed to the Committee on Agriculture on motion of Senator Starr
Committee bill read first time & placed on Notice Calendar per Senate Rule 48 (01/26/24)
This bill proposes to make multiple miscellaneous changes to agricultural statutes. The bill would amend the requirements for the Vermont Seeding and Filter Strip Program. The bill also would amend the licensing requirements for agricultural warehouses. In addition, the bill would amend livestock dealer licensing requirements. The bill also amends eligibility requirements for financial assistance from the Vermont Agricultural Credit Corporation.
This bill is a technical corrections bill, but could become a vehicle for other language.
H 586 - An Act Relating To Flood Protection And Climate Resilience Infrastructure And Financing
Rep. Sheldon of Middlebury moved that the Committee on Environment and Energy be relieved of the bill and that the same be committed to the Committee on Ways and Means, which was agreed to (01/24/24)
This bill proposes to amend or enact multiple provisions related to improved flood protection and climate resilience in the State. The bill would also establish or authorize additional activities for the financing of climate mitigation, adaptation, and resilience projects.
H 626 - An Act Relating To Animal Welfare
Rep. Durfee of Shaftsbury moved that the Committee on Agriculture, Food Resiliency, and Forestry be relieved of the bill and that the same be committed to the Committee on Government Operations and Military Affairs, which was agreed to (01/19/24)
This bill proposes to establish the Division of Animal Welfare at the Department of Public Safety to develop, implement, and administer a centralized program for investigating and enforcing animal welfare requirements in the State. The bill would also amend or establish standards for the operation of animal shelters and animal rescue organizations. In addition, the bill would amend or establish requirements for the importation or transportation of animals into the State.
This bill is looking at animal welfare broadly but something of note is a fee on all feed types to set up system.
S 272 - An Act Relating To The Regulation Of Second-generation Anticoagulant Rodenticides
Read 1st time & referred to Committee on Agriculture (01/17/24)
This bill proposes to require the Secretary of Agriculture, Food and Markets to register second-generation anticoagulant rodenticides as restricted use pesticides that may only be used by certified pesticide applicators.
S 286 - An Act Relating To The Regulation Of Accessory On-farm Businesses
Read 1st time & referred to Committee on Natural Resources and Energy (01/17/24)
This bill proposes to provide that accessory on-farm businesses are not development that require a permit under Act 250.
S 292 - An Act Relating To Animal Welfare
Read 1st time & referred to Committee on Government Operations (01/17/24)
This bill proposes to establish the Division of Animal Welfare at the Department of Public Safety to develop, implement, and administer a centralized program for investigating and enforcing animal welfare requirements in the State. The bill would also amend or establish standards for the operation of animal shelters and animal rescue organizations. In addition, the bill would amend or establish requirements for the importation or transportation of animals into the State.
H 810 - An Act Relating To Establishing The Agricultural Workforce And Housing Directory
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/16/24)
This bill proposes to require the Secretary of Agriculture, Food and Markets to establish and administer the Agricultural Workforce and Housing Directory, where a farm in Vermont could list available employment opportunities on that farm. Farms listing jobs on the Directory would be required to provide employees with affordable housing on the farm or off the farm.
H 811 - An Act Relating To The Eligibility Of Posted Land For Enrollment In The Use Value Appraisal Program
Read first time and referred to the Committee on Environment and Energy (01/16/24)
This bill proposes to provide that land posted against hunting, fishing, or trapping that is enrolled in use value appraisal shall receive a reduced tax benefit under each category in which the land is enrolled. The reduction in benefit shall be equal to 25 percent of the difference between a parcel's use value and grand list value.
H 771 - An Act Relating To Landowner Liability For Unmarked And Improperly Marked Access Control Devices
Read first time and referred to the Committee on Judiciary (01/12/24)
This bill proposes to provide that landowners may be held liable for injuries or damage caused by the owner's failure to properly mark access control devices (ACD) such as gates, chains, ropes, and fences. This bill also proposes to require that the Department of Motor Vehicles conduct a public outreach campaign on the potential for landowner liability for failure to properly mark ACDs and recommended methods to properly mark ACDs.
S 261 - An Act Relating To Liability For The Release Of Perfluoroalkyl And Polyfluoroalkyl Substances
Read 1st time & referred to Committee on Judiciary (01/12/24)
This bill proposes to provide that any person who releases perfluoroalkyl and polyfluoroalkyl substances from a large facility shall be held strictly, jointly, and severally liable for any harm resulting from the release.
H 760 - An Act Relating To Act 250 Transparency
Read first time and referred to the Committee on Environment and Energy (01/11/24)
This bill proposes to make multiple changes to Act 250 related to increasing transparency.
H 715 - An Act Relating To Climate Change Resilience Under Act 250
Read first time and referred to the Committee on Environment and Energy (01/10/24)
This bill proposes to make multiple changes to the State land use and development law, known as Act 250.
H 687 - An Act Relating To Community Resilience And Biodiversity Protection Through Land Use
Read first time and referred to the Committee on Environment and Energy (01/09/24)
This bill proposes to make multiple changes to the State land use and development law, known as Act 250. It would also make changes to the regional plans and municipal plans.
As currently drafted, H.687 would render more than 90% of the state subject to automatic Act 250 jurisdiction.
For perspective, currently, less than 15% of the Vermont landscape falls under automatic Act 250 jurisdiction. And 90% of the State would fall under this bill; single-family home, or maybe even a garden shed, you’ll need to go through Act 250 which we know adds costs and time.
Very few Act 250 exemptions are included and have been narrowed, more stringent, and geographically limited, making nearly the entire state subject to Act 250.
Oppose - H 706 - An Act Relating To Banning The Use Of Neonicotinoid Pesticides
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/09/24)
This bill proposes to prohibit the sale, offer for sale or use, distribution, or use of any neonicotinoid treated article seed for soybeans or for any crop in the cereal grains crop group. The bill would also prohibit the application or treatment with a neonicotinoid pesticide for multiple other uses.
VDPA had two members testify this week who did a great job, we look forward to having the committee hear from more members next week. The committee has not started to mark up the bill, they are expected to start the week of February 19.
S 228 - An Act Relating To Requiring A Jurisdictional Opinion To Be Exempt From Act 250
Read 1st time & referred to Committee on Natural Resources and Energy (01/09/24)
This bill proposes to only require a jurisdictional opinion for projects temporarily exempt from Act 250 if the project will not be complete by June 30, 2026.
H 674 - An Act Relating To Regulation Of Septage And Other Materials Containing Perfluoroalkyl And Polyfluoroalkyl Substances
Read first time and referred to the Committee on Environment and Energy (01/05/24)
This bill proposes to prohibit the land application of septage in the State. The bill would prohibit the landfill disposal of waste containing perfluoroalkyl and polyfluoroalkyl substances in excess of State standards or from municipalities lacking a solid waste management implementation or from facilities lacking certification from the State. In addition, the bill would ban the use of sludge for daily cover at a landfill.
S 213 - An Act Relating To The Regulation Of Wetlands, River Corridor Development, And Dam Safety
Read 1st time & referred to Committee on Natural Resources and Energy (01/04/24)
This bill proposes to amend provisions related to wetlands, river corridor development, and dam safety. The bill would establish as State policy that wetlands shall be regulated and managed to produce a net gain of wetlands acreage. The Secretary of Natural Resources would be required to amend wetlands rules to incorporate the net gain policy. The bill would require the Vermont Significant Wetlands Inventory maps to be updated and revised annually. The bill would also require amendment to the existing Vermont Flood Hazard Area and River Corridor Rule to adopt requirements for issuing and enforcing permits for development within a flood hazard area or a mapped river corridor in the State. In addition, the bill would amend the Unsafe Dam Revolving Fund to be the Dam Safety Revolving Fund to provide loans for emergency and nonemergency funding of dam repair. The bill also provides that the owner of a dam or the owner of land on which a dam is located shall be held strictly, jointly, and severally liable for harm caused by the breach of a dam, provided that the dam has been classified as a significant or high hazard potential dam or the person who owns legal title to a dam or the owner of land on which a dam is located is not in full compliance with dam safety rules.
H 550 - An Act Relating To Expanding Eligibility Under The Local Foods Grant Program
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/03/24)
This bill proposes to increase the activities and equipment that are eligible for a grant under the Local Foods Grant Program.
S 197 - An Act Relating To The Procurement And Distribution Of Products Containing Perfluoroalkyl And Polyfluoroalkyl Substances And Monitoring Adverse Health Conditions Attributed To Perfluoroalkyl And Polyfluoroalkyl Substances
Read 1st time & referred to Committee on Health and Welfare (01/03/24)
This bill proposes to restrict the procurement of certain products containing PFAS by school districts and municipal and State government. It would also require the Department of Health to establish a registry to monitor adverse health conditions and diseases that may be attributable to PFAS exposure. This bill proposes to require the Department of Health to issue a public health advisory regarding the presence of PFAS in drinking water. It further proposes to restrict perfluoroalkyl and polyfluoroalkyl substances as ingredients in pesticides. The bill also proposes to restrict the use of pesticides that have been stored, distributed, or packaged in a fluorinated, high-density polyethylene container that has a perfluoroalkyl and polyfluoroalkyl substance content exceeding 20 parts per trillion.
The Senate Agriculture committee has been learning about this bill this week, even though they don't have official possession of this bill.
Sections 6 & 7 are the ones relevant to VDPA.
- Requires any manufactures of a chemical substance to have to submit to EPA weather or not there is PFAS in that product
- Banning the use of sale of pesticides that have 1 of the 6 common PFAS
- Talking about how PFAS might leak into rodenticides through containers
- Pesticide is not banned, but it needs to come in a different container
- VT is the only state that (O’Grady thinks) regulates treated articles
- The manufacture to even get distributed the state has to have a proper registration
- Act takes effect July 1 2024 - restriction sections 6/7 January 1 2025
- This was brought in through efforts in Maine to ban all PFAS products
- Theres been a larger response at federal level too
Monitor - S 102 - An Act Relating To Expanding Employment Protections And Collective Bargaining Rights
Read first time and referred to the Committee on General and Housing (04/05/23)
This bill proposes to establish a good cause standard for termination of employment, require employers to provide severance pay to terminated employees, and permit employees or representative organizations to bring an enforcement action on behalf of the State for violations of the good cause termination requirement. This bill also proposes to prohibit employers from taking adverse employment actions against an employee in relation to the employee's exercise of free speech rights. This bill also proposes to permit agricultural and domestic workers to collectively bargain and to permit employees to elect a collective bargaining representative through card check elections.
Agricultural workers language was struck in the Senate.
H 420 - An Act Relating To Establishing A Program To Encourage The Implementation Of Year-round Agricultural Practices
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (02/28/23)
This bill proposes to require the Agency of Agriculture, Food and Markets to establish a pilot program to explore providing financial assistance to farmers to implement year-round agricultural practices in various geographic regions of Vermont. The bill would require the Secretary of Agriculture, Food and Markets to adopt standards, criteria, or practices for year-round agriculture. In addition, the bill would appropriate funds to the Agency of Agriculture, Food and Markets for the purpose of implementing a year-round agricultural practice assistance program.
H 128 - An Act Relating To Removing Regulatory Barriers For Working Lands Businesses
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/31/23)
This bill proposes to reduce the amount of mitigation wood products manufacturers need to do for primary agricultural soils. It proposes to exempt small forest product processors from needing an Act 250 permit. It proposes to make changes to the definition of accessory on-farm business and exempt those businesses from needing an Act 250 permit. It would require electric generation facilities with a capacity greater than 500kW to get an Act 250 permit.
A bill walk through was provided to the committee. VT NRC commented briefly in support of the need to protect farm land to keep it open and help farmers remain in farming.
Week 5 of the Vermont Legislative Session – February 2, 2024
I can see clearly now the rain is gone… and the Governor has revealed his long-awaited spending package. The direction the Legislature is contemplating in response is a review of potential new taxes which include a 3% surcharge on household incomes over $500,000, adding the sales tax to online software, a personal income tax on unrealized capital gains; and a change in how corporate taxes are calculated. It is anticipated that these taxes will be used to mitigate some of the expected increase in property taxes and/or the state budget. Happy collaboration on the budget bill between our fearless leader and the 180 humans meandering about under the Golden Dome looks unlikely since Governor Scott was quite clear on “no new taxes or fee increases”.
Additionally, it is now estimated that property taxes will increase more than 20%, a bump up from the originally reported eye bulging percentage. The Legislature will look at new revenue and likely use a cap on local tax rates which are very unpopular. Will the Legislature try to tax their way out of this situation?
The Senate Transportation Committee is considering legislation that would make it easier for law enforcement to use automatic license plate readers (cameras) in work zones to help reduce speeding. This continues to be a problem, but advocates testifying against such a measure worry about personal information unknowingly being shared.
After the Bottle Bill expansion fizzled out in the Senate, the chamber was challenged with another controversial vote. Proposition 1, a proposed amendment to the Vermont constitution that would allow the Legislature to define qualifications for county elected officials and create a mechanism for their removal if they fail to meet the criteria stipulated. This was the result of the controversial impeachment hearing over a Franklin County Sheriff. Again, the Senate appears to be thinking differently than the House of Representatives who have already approved the proposal. It’s possible the Senate will try to get Senators in line over the weekend for a vote next week. Whether it is a straight-line following suit with what the lower chamber approved or a scattering of members walking their own walk, is up in the air at this point.
S 286 - An Act Relating To The Regulation Of Accessory On-farm Businesses
Read 1st time & referred to Committee on Natural Resources and Energy (01/17/24)
This bill proposes to provide that accessory on-farm businesses are not development that require a permit under Act 250.
Testimony is not expected to be taken the week of February 6th. A bill walk through was provided to the committee. VT NRC commented briefly in support of the need to protect farm land to keep it open and help farmers remain in farming. We expect testimony as early s last week.
To testify contact: jnewman@leg.state.vt.us and Cc Emma@wsavt.com
Oppose - H 706 - An Act Relating To Banning The Use Of Neonicotinoid Pesticides
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/09/24)
This bill proposes to prohibit the sale, offer for sale or use, distribution, or use of any neonicotinoid treated article seed for soybeans or for any crop in the cereal grains crop group. The bill would also prohibit the application or treatment with a neonicotinoid pesticide for multiple other uses.
We are looking for members to testify on the hardships of growing crops, please email Emma: emma@wsavt.com
S 197 - An Act Relating To The Procurement And Distribution Of Products Containing Perfluoroalkyl And Polyfluoroalkyl Substances And Monitoring Adverse Health Conditions Attributed To Perfluoroalkyl And Polyfluoroalkyl Substances
Read 1st time & referred to Committee on Health and Welfare (01/03/24)
This bill proposes to restrict the procurement of certain products containing PFAS by school districts and municipal and State government. It would also require the Department of Health to establish a registry to monitor adverse health conditions and diseases that may be attributable to PFAS exposure. This bill proposes to require the Department of Health to issue a public health advisory regarding the presence of PFAS in drinking water. It further proposes to restrict perfluoroalkyl and polyfluoroalkyl substances as ingredients in pesticides. The bill also proposes to restrict the use of pesticides that have been stored, distributed, or packaged in a fluorinated, high-density polyethylene container that has a perfluoroalkyl and polyfluoroalkyl substance content exceeding 20 parts per trillion.
The Senate Agriculture committee has been learning about this bill this week, even tough they don't have official possession of this bill.
Sections 6 & 7 are the ones relevant to VDPA.
- Requires any manufactures of a chemical substance to have to submit to EPA weather or not there is PFAS in that product
- Banning the use of sale of pesticides that have 1 of the 6 common PFAS
- Talking about how PFAS might leak into rodenticides through containers
- Pesticide is not banned, but it needs to come in a different container
- VT is the only state that (O’Grady thinks) regulates treated articles
- The manufacture to even get distributed the state has to have a proper registration
- Act takes effect July 1 2024 - restriction sections 6/7 January 1 2025
- This was brought in through efforts in Maine to ban all PFAS products
- Theres been a larger response at federal level too
S 306 - An Act Relating To Changes To The Clean Heat Standard
NEW STATUS: Committed to Committee on Natural Resources and Energy on motion of Senator Bray
Committee bill read first time & placed on Notice Calendar per Senate Rule 48 (01/31/24)
This bill proposes to make multiple miscellaneous changes to the Clean Heat Standard.
S 308 - An Act Relating To Updates To Land Use Planning
NEW STATUS: Committed to Committee on Natural Resources and Energy on motion of Senator Bray
Committee bill read first time & placed on Notice Calendar per Senate Rule 48 (01/31/24)
This bill proposes to make multiple changes to the State's land use planning processes, including Act 250 permit appeals, regional plan future land use maps, and the Designated Areas.
S 301 - An Act Relating To Miscellaneous Agricultural Subjects
NEW STATUS: Committed to the Committee on Agriculture on motion of Senator Starr
Committee bill read first time & placed on Notice Calendar per Senate Rule 48 (01/26/24)
This bill proposes to make multiple miscellaneous changes to agricultural statutes. The bill would amend the requirements for the Vermont Seeding and Filter Strip Program. The bill also would amend the licensing requirements for agricultural warehouses. In addition, the bill would amend livestock dealer licensing requirements. The bill also amends eligibility requirements for financial assistance from the Vermont Agricultural Credit Corporation.
This bill is a technical corrections bill, but could become a vehicle for other language.
H 586 - An Act Relating To Flood Protection And Climate Resilience Infrastructure And Financing
Rep. Sheldon of Middlebury moved that the Committee on Environment and Energy be relieved of the bill and that the same be committed to the Committee on Ways and Means, which was agreed to (01/24/24)
This bill proposes to amend or enact multiple provisions related to improved flood protection and climate resilience in the State. The bill would also establish or authorize additional activities for the financing of climate mitigation, adaptation, and resilience projects.
H 626 - An Act Relating To Animal Welfare
Rep. Durfee of Shaftsbury moved that the Committee on Agriculture, Food Resiliency, and Forestry be relieved of the bill and that the same be committed to the Committee on Government Operations and Military Affairs, which was agreed to (01/19/24)
This bill proposes to establish the Division of Animal Welfare at the Department of Public Safety to develop, implement, and administer a centralized program for investigating and enforcing animal welfare requirements in the State. The bill would also amend or establish standards for the operation of animal shelters and animal rescue organizations. In addition, the bill would amend or establish requirements for the importation or transportation of animals into the State.
This bill is looking at animal welfare broadly but something of note is a fee on all feed types to set up system.
S 272 - An Act Relating To The Regulation Of Second-generation Anticoagulant Rodenticides
Read 1st time & referred to Committee on Agriculture (01/17/24)
This bill proposes to require the Secretary of Agriculture, Food and Markets to register second-generation anticoagulant rodenticides as restricted use pesticides that may only be used by certified pesticide applicators.
S 292 - An Act Relating To Animal Welfare
Read 1st time & referred to Committee on Government Operations (01/17/24)
This bill proposes to establish the Division of Animal Welfare at the Department of Public Safety to develop, implement, and administer a centralized program for investigating and enforcing animal welfare requirements in the State. The bill would also amend or establish standards for the operation of animal shelters and animal rescue organizations. In addition, the bill would amend or establish requirements for the importation or transportation of animals into the State.
H 810 - An Act Relating To Establishing The Agricultural Workforce And Housing Directory
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/16/24)
This bill proposes to require the Secretary of Agriculture, Food and Markets to establish and administer the Agricultural Workforce and Housing Directory, where a farm in Vermont could list available employment opportunities on that farm. Farms listing jobs on the Directory would be required to provide employees with affordable housing on the farm or off the farm.
H 811 - An Act Relating To The Eligibility Of Posted Land For Enrollment In The Use Value Appraisal Program
Read first time and referred to the Committee on Environment and Energy (01/16/24)
This bill proposes to provide that land posted against hunting, fishing, or trapping that is enrolled in use value appraisal shall receive a reduced tax benefit under each category in which the land is enrolled. The reduction in benefit shall be equal to 25 percent of the difference between a parcel's use value and grand list value.
H 771 - An Act Relating To Landowner Liability For Unmarked And Improperly Marked Access Control Devices
Read first time and referred to the Committee on Judiciary (01/12/24)
This bill proposes to provide that landowners may be held liable for injuries or damage caused by the owner's failure to properly mark access control devices (ACD) such as gates, chains, ropes, and fences. This bill also proposes to require that the Department of Motor Vehicles conduct a public outreach campaign on the potential for landowner liability for failure to properly mark ACDs and recommended methods to properly mark ACDs.
S 261 - An Act Relating To Liability For The Release Of Perfluoroalkyl And Polyfluoroalkyl Substances
Read 1st time & referred to Committee on Judiciary (01/12/24)
This bill proposes to provide that any person who releases perfluoroalkyl and polyfluoroalkyl substances from a large facility shall be held strictly, jointly, and severally liable for any harm resulting from the release.
H 760 - An Act Relating To Act 250 Transparency
Read first time and referred to the Committee on Environment and Energy (01/11/24)
This bill proposes to make multiple changes to Act 250 related to increasing transparency.
H 715 - An Act Relating To Climate Change Resilience Under Act 250
Read first time and referred to the Committee on Environment and Energy (01/10/24)
This bill proposes to make multiple changes to the State land use and development law, known as Act 250.
H 687 - An Act Relating To Community Resilience And Biodiversity Protection Through Land Use
Read first time and referred to the Committee on Environment and Energy (01/09/24)
This bill proposes to make multiple changes to the State land use and development law, known as Act 250. It would also make changes to the regional plans and municipal plans.
S 228 - An Act Relating To Requiring A Jurisdictional Opinion To Be Exempt From Act 250
Read 1st time & referred to Committee on Natural Resources and Energy (01/09/24)
This bill proposes to only require a jurisdictional opinion for projects temporarily exempt from Act 250 if the project will not be complete by June 30, 2026.
H 674 - An Act Relating To Regulation Of Septage And Other Materials Containing Perfluoroalkyl And Polyfluoroalkyl Substances
Read first time and referred to the Committee on Environment and Energy (01/05/24)
This bill proposes to prohibit the land application of septage in the State. The bill would prohibit the landfill disposal of waste containing perfluoroalkyl and polyfluoroalkyl substances in excess of State standards or from municipalities lacking a solid waste management implementation or from facilities lacking certification from the State. In addition, the bill would ban the use of sludge for daily cover at a landfill.
S 213 - An Act Relating To The Regulation Of Wetlands, River Corridor Development, And Dam Safety
Read 1st time & referred to Committee on Natural Resources and Energy (01/04/24)
This bill proposes to amend provisions related to wetlands, river corridor development, and dam safety. The bill would establish as State policy that wetlands shall be regulated and managed to produce a net gain of wetlands acreage. The Secretary of Natural Resources would be required to amend wetlands rules to incorporate the net gain policy. The bill would require the Vermont Significant Wetlands Inventory maps to be updated and revised annually. The bill would also require amendment to the existing Vermont Flood Hazard Area and River Corridor Rule to adopt requirements for issuing and enforcing permits for development within a flood hazard area or a mapped river corridor in the State. In addition, the bill would amend the Unsafe Dam Revolving Fund to be the Dam Safety Revolving Fund to provide loans for emergency and nonemergency funding of dam repair. The bill also provides that the owner of a dam or the owner of land on which a dam is located shall be held strictly, jointly, and severally liable for harm caused by the breach of a dam, provided that the dam has been classified as a significant or high hazard potential dam or the person who owns legal title to a dam or the owner of land on which a dam is located is not in full compliance with dam safety rules.
H 81 - An Act Relating To Fair Repair Of Agricultural Equipment
Referred to Committee on Economic Development, Housing and General Affairs per Temporary Senate Rule 44A (01/03/24)
This bill proposes to ensure the fair repair of agricultural equipment.
H 550 - An Act Relating To Expanding Eligibility Under The Local Foods Grant Program
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/03/24)
This bill proposes to increase the activities and equipment that are eligible for a grant under the Local Foods Grant Program.
Monitor - S 102 - An Act Relating To Expanding Employment Protections And Collective Bargaining Rights
Read first time and referred to the Committee on General and Housing (04/05/23)
This bill proposes to establish a good cause standard for termination of employment, require employers to provide severance pay to terminated employees, and permit employees or representative organizations to bring an enforcement action on behalf of the State for violations of the good cause termination requirement. This bill also proposes to prohibit employers from taking adverse employment actions against an employee in relation to the employee's exercise of free speech rights. This bill also proposes to permit agricultural and domestic workers to collectively bargain and to permit employees to elect a collective bargaining representative through card check elections.
Agricultural workers language was struck in the Senate.
H 420 - An Act Relating To Establishing A Program To Encourage The Implementation Of Year-round Agricultural Practices
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (02/28/23)
This bill proposes to require the Agency of Agriculture, Food and Markets to establish a pilot program to explore providing financial assistance to farmers to implement year-round agricultural practices in various geographic regions of Vermont. The bill would require the Secretary of Agriculture, Food and Markets to adopt standards, criteria, or practices for year-round agriculture. In addition, the bill would appropriate funds to the Agency of Agriculture, Food and Markets for the purpose of implementing a year-round agricultural practice assistance program.
Week 3 of the Vermont Legislative Session – January 19, 2024
On the heels of a very controversial week, last week the House gave final approval to H.72, which sets up two safe injection sites to try to reduce opioid overdose deaths. To date, there are only two such sites in the US, both of which are in NYC. In addition to providing a safe haven for illegal drug use, the legislation does not prohibit minors from accessing the sites. The bill is hunkered down in Senate Health & Welfare where it will likely see a flurry of testimony and discussion.
Proponents believe the sites will help prevent overdose deaths. Questions about staffing, age restrictions and the use of opioid settlement funds don’t play well during the debate, but the super-majority can essentially pass any legislation.
Next week, the House plans to vote on a bill that will ban all flavored tobacco and vape products. This, while the cannabis control board is seeking an increase to the THC level in products with flavorings like strawberry lemonade, summertime jam, and triple threat cookies. The contradiction is uncanny. Even the Commissioner of Health said, “prohibition doesn’t work”.
The politics and campaigning for the fall elections have entered the halls of the State House months sooner than normal. Bills that seem to be gaining some traction which hit the priorities set out just three weeks ago, and if passed into law, would likely be touted by the campaigners as they embark on the upcoming elections. Even if their priority bills don’t pass, they can pound the pavement with the message to their constituents that they worked hard all session long on their behalf, hoping to garner their vote. Bills still towing the line under the Golden Dome include a homeless bill of rights, retail theft, banning neonicotinoids, establishing a 32-hour workweek, employer-provided housing, and yes, over 1,000 bills lingering about, compliments of the creative masterminds of our Legislators.
Other priority bills will directly address housing, workforce, and public safety. However, the biggest fight this session is expected to be over the FY'25 Budget which will begin in July of 2024 and whether the Legislature will propose tax/fee increases. Governor Phil Scott will deliver his Budget Address on Tuesday which will reflect only a 3% growth in the budget with no tax/fee increases.
Vermont received welcome news this week when both the Legislative and State economists agreed the economy is trending in the right direction. There had been doom and gloom over the future revenue collection and inflation which were waning, adding further strain to budget writers. This news even surprised the economists, but they still worry about the pressures on household budgets with the increasing costs of goods that continue to rise.
Some bleak news, which was anticipated, is the state’s Transportation Fund. Economists shared the news that the T-Fund is performing 6% below expectations. The T-Fund will only look worse in the out years with the incentives and pressures on Vermonters to move to electric vehicles. Transportation Committee members will need to look a bit harder at other funding options and implement a fee for miles traveled for all, or at least for electric vehicles.
Next week, the Senate side of the General Assembly is scheduled for their attempt to override Governor Scott’s final veto of 2023, which would expand the bottle bill to additional beverages and require manufacturers to pay for a collection system.
S 286 - An Act Relating To The Regulation Of Accessory On-farm Businesses
Read 1st time & referred to Committee on Natural Resources and Energy (01/17/24)
This bill proposes to provide that accessory on-farm businesses are not development that require a permit under Act 250.
S 292 - An Act Relating To Animal Welfare
Read 1st time & referred to Committee on Government Operations (01/17/24)
This bill proposes to establish the Division of Animal Welfare at the Department of Public Safety to develop, implement, and administer a centralized program for investigating and enforcing animal welfare requirements in the State. The bill would also amend or establish standards for the operation of animal shelters and animal rescue organizations. In addition, the bill would amend or establish requirements for the importation or transportation of animals into the State.
H 810 - An Act Relating To Establishing The Agricultural Workforce And Housing Directory
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/16/24)
This bill proposes to require the Secretary of Agriculture, Food and Markets to establish and administer the Agricultural Workforce and Housing Directory, where a farm in Vermont could list available employment opportunities on that farm. Farms listing jobs on the Directory would be required to provide employees with affordable housing on the farm or off the farm.
H 811 - An Act Relating To The Eligibility Of Posted Land For Enrollment In The Use Value Appraisal Program
Read first time and referred to the Committee on Environment and Energy (01/16/24)
This bill proposes to provide that land posted against hunting, fishing, or trapping that is enrolled in use value appraisal shall receive a reduced tax benefit under each category in which the land is enrolled. The reduction in benefit shall be equal to 25 percent of the difference between a parcel's use value and grand list value.
H 771 - An Act Relating To Landowner Liability For Unmarked And Improperly Marked Access Control Devices
Read first time and referred to the Committee on Judiciary (01/12/24)
This bill proposes to provide that landowners may be held liable for injuries or damage caused by the owner's failure to properly mark access control devices (ACD) such as gates, chains, ropes, and fences. This bill also proposes to require that the Department of Motor Vehicles conduct a public outreach campaign on the potential for landowner liability for failure to properly mark ACDs and recommended methods to properly mark ACDs.
S 261 - An Act Relating To Liability For The Release Of Perfluoroalkyl And Polyfluoroalkyl Substances
Read 1st time & referred to Committee on Judiciary (01/12/24)
This bill proposes to provide that any person who releases perfluoroalkyl and polyfluoroalkyl substances from a large facility shall be held strictly, jointly, and severally liable for any harm resulting from the release.
H 760 - An Act Relating To Act 250 Transparency
Read first time and referred to the Committee on Environment and Energy (01/11/24)
This bill proposes to make multiple changes to Act 250 related to increasing transparency.
H 715 - An Act Relating To Climate Change Resilience Under Act 250
Read first time and referred to the Committee on Environment and Energy (01/10/24)
This bill proposes to make multiple changes to the State land use and development law, known as Act 250.
H 687 - An Act Relating To Community Resilience And Biodiversity Protection Through Land Use
Read first time and referred to the Committee on Environment and Energy (01/09/24)
This bill proposes to make multiple changes to the State land use and development law, known as Act 250. It would also make changes to the regional plans and municipal plans.
Oppose - H 706 - An Act Relating To Banning The Use Of Neonicotinoid Pesticides
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/09/24)
This bill proposes to prohibit the sale, offer for sale or use, distribution, or use of any neonicotinoid treated article seed for soybeans or for any crop in the cereal grains crop group. The bill would also prohibit the application or treatment with a neonicotinoid pesticide for multiple other uses.
S 228 - An Act Relating To Requiring A Jurisdictional Opinion To Be Exempt From Act 250
Read 1st time & referred to Committee on Natural Resources and Energy (01/09/24)
This bill proposes to only require a jurisdictional opinion for projects temporarily exempt from Act 250 if the project will not be complete by June 30, 2026.
H 674 - An Act Relating To Regulation Of Septage And Other Materials Containing Perfluoroalkyl And Polyfluoroalkyl Substances
Read first time and referred to the Committee on Environment and Energy (01/05/24)
This bill proposes to prohibit the land application of septage in the State. The bill would prohibit the landfill disposal of waste containing perfluoroalkyl and polyfluoroalkyl substances in excess of State standards or from municipalities lacking a solid waste management implementation or from facilities lacking certification from the State. In addition, the bill would ban the use of sludge for daily cover at a landfill.
H 626 - An Act Relating To Animal Welfare
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/04/24)
This bill proposes to establish the Division of Animal Welfare at the Department of Public Safety to develop, implement, and administer a centralized program for investigating and enforcing animal welfare requirements in the State. The bill would also amend or establish standards for the operation of animal shelters and animal rescue organizations. In addition, the bill would amend or establish requirements for the importation or transportation of animals into the State.
S 213 - An Act Relating To The Regulation Of Wetlands, River Corridor Development, And Dam Safety
Read 1st time & referred to Committee on Natural Resources and Energy (01/04/24)
This bill proposes to amend provisions related to wetlands, river corridor development, and dam safety. The bill would establish as State policy that wetlands shall be regulated and managed to produce a net gain of wetlands acreage. The Secretary of Natural Resources would be required to amend wetlands rules to incorporate the net gain policy. The bill would require the Vermont Significant Wetlands Inventory maps to be updated and revised annually. The bill would also require amendment to the existing Vermont Flood Hazard Area and River Corridor Rule to adopt requirements for issuing and enforcing permits for development within a flood hazard area or a mapped river corridor in the State. In addition, the bill would amend the Unsafe Dam Revolving Fund to be the Dam Safety Revolving Fund to provide loans for emergency and nonemergency funding of dam repair. The bill also provides that the owner of a dam or the owner of land on which a dam is located shall be held strictly, jointly, and severally liable for harm caused by the breach of a dam, provided that the dam has been classified as a significant or high hazard potential dam or the person who owns legal title to a dam or the owner of land on which a dam is located is not in full compliance with dam safety rules.
H 81 - An Act Relating To Fair Repair Of Agricultural Equipment
Referred to Committee on Economic Development, Housing and General Affairs per Temporary Senate Rule 44A (01/03/24)
This bill proposes to ensure the fair repair of agricultural equipment.
H 550 - An Act Relating To Expanding Eligibility Under The Local Foods Grant Program
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/03/24)
This bill proposes to increase the activities and equipment that are eligible for a grant under the Local Foods Grant Program.
H 586 - An Act Relating To Flood Protection And Climate Resilience Infrastructure And Financing
Read first time and referred to the Committee on Environment and Energy (01/03/24)
This bill proposes to amend or enact multiple provisions related to improved flood protection and climate resilience in the State. The bill would also establish or authorize additional activities for the financing of climate mitigation, adaptation, and resilience projects.
S 197 - An Act Relating To The Procurement And Distribution Of Products Containing Perfluoroalkyl And Polyfluoroalkyl Substances And Monitoring Adverse Health Conditions Attributed To Perfluoroalkyl And Polyfluoroalkyl Substances
Read 1st time & referred to Committee on Health and Welfare (01/03/24)
This bill proposes to restrict the procurement of certain products containing PFAS by school districts and municipal and State government. It would also require the Department of Health to establish a registry to monitor adverse health conditions and diseases that may be attributable to PFAS exposure. This bill proposes to require the Department of Health to issue a public health advisory regarding the presence of PFAS in drinking water. It further proposes to restrict perfluoroalkyl and polyfluoroalkyl substances as ingredients in pesticides. The bill also proposes to restrict the use of pesticides that have been stored, distributed, or packaged in a fluorinated, high-density polyethylene container that has a perfluoroalkyl and polyfluoroalkyl substance content exceeding 20 parts per trillion.
On the heels of a very controversial week, last week the House gave final approval to H.72, which sets up two safe injection sites to try to reduce opioid overdose deaths. To date, there are only two such sites in the US, both of which are in NYC. In addition to providing a safe haven for illegal drug use, the legislation does not prohibit minors from accessing the sites. The bill is hunkered down in Senate Health & Welfare where it will likely see a flurry of testimony and discussion.
Proponents believe the sites will help prevent overdose deaths. Questions about staffing, age restrictions and the use of opioid settlement funds don’t play well during the debate, but the super-majority can essentially pass any legislation.
Next week, the House plans to vote on a bill that will ban all flavored tobacco and vape products. This, while the cannabis control board is seeking an increase to the THC level in products with flavorings like strawberry lemonade, summertime jam, and triple threat cookies. The contradiction is uncanny. Even the Commissioner of Health said, “prohibition doesn’t work”.
The politics and campaigning for the fall elections have entered the halls of the State House months sooner than normal. Bills that seem to be gaining some traction which hit the priorities set out just three weeks ago, and if passed into law, would likely be touted by the campaigners as they embark on the upcoming elections. Even if their priority bills don’t pass, they can pound the pavement with the message to their constituents that they worked hard all session long on their behalf, hoping to garner their vote. Bills still towing the line under the Golden Dome include a homeless bill of rights, retail theft, banning neonicotinoids, establishing a 32-hour workweek, employer-provided housing, and yes, over 1,000 bills lingering about, compliments of the creative masterminds of our Legislators.
Other priority bills will directly address housing, workforce, and public safety. However, the biggest fight this session is expected to be over the FY'25 Budget which will begin in July of 2024 and whether the Legislature will propose tax/fee increases. Governor Phil Scott will deliver his Budget Address on Tuesday which will reflect only a 3% growth in the budget with no tax/fee increases.
Vermont received welcome news this week when both the Legislative and State economists agreed the economy is trending in the right direction. There had been doom and gloom over the future revenue collection and inflation which were waning, adding further strain to budget writers. This news even surprised the economists, but they still worry about the pressures on household budgets with the increasing costs of goods that continue to rise.
Some bleak news, which was anticipated, is the state’s Transportation Fund. Economists shared the news that the T-Fund is performing 6% below expectations. The T-Fund will only look worse in the out years with the incentives and pressures on Vermonters to move to electric vehicles. Transportation Committee members will need to look a bit harder at other funding options and implement a fee for miles traveled for all, or at least for electric vehicles.
Next week, the Senate side of the General Assembly is scheduled for their attempt to override Governor Scott’s final veto of 2023, which would expand the bottle bill to additional beverages and require manufacturers to pay for a collection system.
S 286 - An Act Relating To The Regulation Of Accessory On-farm Businesses
Read 1st time & referred to Committee on Natural Resources and Energy (01/17/24)
This bill proposes to provide that accessory on-farm businesses are not development that require a permit under Act 250.
S 292 - An Act Relating To Animal Welfare
Read 1st time & referred to Committee on Government Operations (01/17/24)
This bill proposes to establish the Division of Animal Welfare at the Department of Public Safety to develop, implement, and administer a centralized program for investigating and enforcing animal welfare requirements in the State. The bill would also amend or establish standards for the operation of animal shelters and animal rescue organizations. In addition, the bill would amend or establish requirements for the importation or transportation of animals into the State.
H 810 - An Act Relating To Establishing The Agricultural Workforce And Housing Directory
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/16/24)
This bill proposes to require the Secretary of Agriculture, Food and Markets to establish and administer the Agricultural Workforce and Housing Directory, where a farm in Vermont could list available employment opportunities on that farm. Farms listing jobs on the Directory would be required to provide employees with affordable housing on the farm or off the farm.
H 811 - An Act Relating To The Eligibility Of Posted Land For Enrollment In The Use Value Appraisal Program
Read first time and referred to the Committee on Environment and Energy (01/16/24)
This bill proposes to provide that land posted against hunting, fishing, or trapping that is enrolled in use value appraisal shall receive a reduced tax benefit under each category in which the land is enrolled. The reduction in benefit shall be equal to 25 percent of the difference between a parcel's use value and grand list value.
H 771 - An Act Relating To Landowner Liability For Unmarked And Improperly Marked Access Control Devices
Read first time and referred to the Committee on Judiciary (01/12/24)
This bill proposes to provide that landowners may be held liable for injuries or damage caused by the owner's failure to properly mark access control devices (ACD) such as gates, chains, ropes, and fences. This bill also proposes to require that the Department of Motor Vehicles conduct a public outreach campaign on the potential for landowner liability for failure to properly mark ACDs and recommended methods to properly mark ACDs.
S 261 - An Act Relating To Liability For The Release Of Perfluoroalkyl And Polyfluoroalkyl Substances
Read 1st time & referred to Committee on Judiciary (01/12/24)
This bill proposes to provide that any person who releases perfluoroalkyl and polyfluoroalkyl substances from a large facility shall be held strictly, jointly, and severally liable for any harm resulting from the release.
H 760 - An Act Relating To Act 250 Transparency
Read first time and referred to the Committee on Environment and Energy (01/11/24)
This bill proposes to make multiple changes to Act 250 related to increasing transparency.
H 715 - An Act Relating To Climate Change Resilience Under Act 250
Read first time and referred to the Committee on Environment and Energy (01/10/24)
This bill proposes to make multiple changes to the State land use and development law, known as Act 250.
H 687 - An Act Relating To Community Resilience And Biodiversity Protection Through Land Use
Read first time and referred to the Committee on Environment and Energy (01/09/24)
This bill proposes to make multiple changes to the State land use and development law, known as Act 250. It would also make changes to the regional plans and municipal plans.
Oppose - H 706 - An Act Relating To Banning The Use Of Neonicotinoid Pesticides
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/09/24)
This bill proposes to prohibit the sale, offer for sale or use, distribution, or use of any neonicotinoid treated article seed for soybeans or for any crop in the cereal grains crop group. The bill would also prohibit the application or treatment with a neonicotinoid pesticide for multiple other uses.
S 228 - An Act Relating To Requiring A Jurisdictional Opinion To Be Exempt From Act 250
Read 1st time & referred to Committee on Natural Resources and Energy (01/09/24)
This bill proposes to only require a jurisdictional opinion for projects temporarily exempt from Act 250 if the project will not be complete by June 30, 2026.
H 674 - An Act Relating To Regulation Of Septage And Other Materials Containing Perfluoroalkyl And Polyfluoroalkyl Substances
Read first time and referred to the Committee on Environment and Energy (01/05/24)
This bill proposes to prohibit the land application of septage in the State. The bill would prohibit the landfill disposal of waste containing perfluoroalkyl and polyfluoroalkyl substances in excess of State standards or from municipalities lacking a solid waste management implementation or from facilities lacking certification from the State. In addition, the bill would ban the use of sludge for daily cover at a landfill.
H 626 - An Act Relating To Animal Welfare
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/04/24)
This bill proposes to establish the Division of Animal Welfare at the Department of Public Safety to develop, implement, and administer a centralized program for investigating and enforcing animal welfare requirements in the State. The bill would also amend or establish standards for the operation of animal shelters and animal rescue organizations. In addition, the bill would amend or establish requirements for the importation or transportation of animals into the State.
S 213 - An Act Relating To The Regulation Of Wetlands, River Corridor Development, And Dam Safety
Read 1st time & referred to Committee on Natural Resources and Energy (01/04/24)
This bill proposes to amend provisions related to wetlands, river corridor development, and dam safety. The bill would establish as State policy that wetlands shall be regulated and managed to produce a net gain of wetlands acreage. The Secretary of Natural Resources would be required to amend wetlands rules to incorporate the net gain policy. The bill would require the Vermont Significant Wetlands Inventory maps to be updated and revised annually. The bill would also require amendment to the existing Vermont Flood Hazard Area and River Corridor Rule to adopt requirements for issuing and enforcing permits for development within a flood hazard area or a mapped river corridor in the State. In addition, the bill would amend the Unsafe Dam Revolving Fund to be the Dam Safety Revolving Fund to provide loans for emergency and nonemergency funding of dam repair. The bill also provides that the owner of a dam or the owner of land on which a dam is located shall be held strictly, jointly, and severally liable for harm caused by the breach of a dam, provided that the dam has been classified as a significant or high hazard potential dam or the person who owns legal title to a dam or the owner of land on which a dam is located is not in full compliance with dam safety rules.
H 81 - An Act Relating To Fair Repair Of Agricultural Equipment
Referred to Committee on Economic Development, Housing and General Affairs per Temporary Senate Rule 44A (01/03/24)
This bill proposes to ensure the fair repair of agricultural equipment.
H 550 - An Act Relating To Expanding Eligibility Under The Local Foods Grant Program
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/03/24)
This bill proposes to increase the activities and equipment that are eligible for a grant under the Local Foods Grant Program.
H 586 - An Act Relating To Flood Protection And Climate Resilience Infrastructure And Financing
Read first time and referred to the Committee on Environment and Energy (01/03/24)
This bill proposes to amend or enact multiple provisions related to improved flood protection and climate resilience in the State. The bill would also establish or authorize additional activities for the financing of climate mitigation, adaptation, and resilience projects.
S 197 - An Act Relating To The Procurement And Distribution Of Products Containing Perfluoroalkyl And Polyfluoroalkyl Substances And Monitoring Adverse Health Conditions Attributed To Perfluoroalkyl And Polyfluoroalkyl Substances
Read 1st time & referred to Committee on Health and Welfare (01/03/24)
This bill proposes to restrict the procurement of certain products containing PFAS by school districts and municipal and State government. It would also require the Department of Health to establish a registry to monitor adverse health conditions and diseases that may be attributable to PFAS exposure. This bill proposes to require the Department of Health to issue a public health advisory regarding the presence of PFAS in drinking water. It further proposes to restrict perfluoroalkyl and polyfluoroalkyl substances as ingredients in pesticides. The bill also proposes to restrict the use of pesticides that have been stored, distributed, or packaged in a fluorinated, high-density polyethylene container that has a perfluoroalkyl and polyfluoroalkyl substance content exceeding 20 parts per trillion.
Week 1 of the Vermont Legislative Session – January 5, 2024
The General Assembly started off where they left off, trying to compromise Governor Phil Scott’s popularity with another veto override. On Thursday, the House of Representatives addressed the final Gubernatorial veto of the 2023 session on H.158, an expansion of the beverage container redemption system. To no surprise the House easily laminated their intentions and easily overrode the Governor by a vote of 112-32, only needing to secure ninety-six yes votes. The Senate, however, was a bit of a different story. Needing two-thirds of the attending members of the upper chamber, the Senate would need to rally twenty affirmative votes if the full thirty members are present, to expand a deposit to an array of beverage containers. Last session, the vote on H.158 in the Senate was 19-11. This is going to require caucus pressure by Democrats to move the needed votes back into their camp. Without having secured those votes, the Senate has delayed action on the veto override until January 23rd.
Leadership in both the House & Senate set out priorities for 2024; flood recovery and resiliency following July's historic storms, housing & homelessness, public safety, drug overdose/mental health, affordability, and supporting families.
Governor Scott addressed both Chambers with the “State of the State” with his Budget Address coming at the end of the month. The priorities are like those of the General Assembly, but the question will be how to come together to get the work done. It is not out of the question that the Governor will be handed another stack of bills that will force his trusty veto pen. The Governor is continuing to push for a more affordable Vermont, therein lies the rub.
More details will be available when Governor Scott gives his Budget Address in two weeks.
H 674 - An Act Relating To Regulation Of Septage And Other Materials Containing Perfluoroalkyl And Polyfluoroalkyl Substances
Read first time and referred to the Committee on Environment and Energy (01/05/24)
This bill proposes to prohibit the land application of septage in the State. The bill would prohibit the landfill disposal of waste containing perfluoroalkyl and polyfluoroalkyl substances in excess of State standards or from municipalities lacking a solid waste management implementation or from facilities lacking certification from the State. In addition, the bill would ban the use of sludge for daily cover at a landfill.
H 626 - An Act Relating To Animal Welfare
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/04/24)
This bill proposes to establish the Division of Animal Welfare at the Department of Public Safety to develop, implement, and administer a centralized program for investigating and enforcing animal welfare requirements in the State. The bill would also amend or establish standards for the operation of animal shelters and animal rescue organizations. In addition, the bill would amend or establish requirements for the importation or transportation of animals into the State.
S 213 - An Act Relating To The Regulation Of Wetlands, River Corridor Development, And Dam Safety
Read 1st time & referred to Committee on Natural Resources and Energy (01/04/24)
This bill proposes to amend provisions related to wetlands, river corridor development, and dam safety. The bill would establish as State policy that wetlands shall be regulated and managed to produce a net gain of wetlands acreage. The Secretary of Natural Resources would be required to amend wetlands rules to incorporate the net gain policy. The bill would require the Vermont Significant Wetlands Inventory maps to be updated and revised annually. The bill would also require amendment to the existing Vermont Flood Hazard Area and River Corridor Rule to adopt requirements for issuing and enforcing permits for development within a flood hazard area or a mapped river corridor in the State. In addition, the bill would amend the Unsafe Dam Revolving Fund to be the Dam Safety Revolving Fund to provide loans for emergency and nonemergency funding of dam repair. The bill also provides that the owner of a dam or the owner of land on which a dam is located shall be held strictly, jointly, and severally liable for harm caused by the breach of a dam, provided that the dam has been classified as a significant or high hazard potential dam or the person who owns legal title to a dam or the owner of land on which a dam is located is not in full compliance with dam safety rules.
H 81 - An Act Relating To Fair Repair Of Agricultural Equipment
NEW STATUS: Referred to Committee on Economic Development, Housing and General Affairs per Temporary Senate Rule 44A (01/03/24)
This bill proposes to ensure the fair repair of agricultural equipment.
H 550 - An Act Relating To Expanding Eligibility Under The Local Foods Grant Program
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/03/24)
This bill proposes to increase the activities and equipment that are eligible for a grant under the Local Foods Grant Program.
H 586 - An Act Relating To Flood Protection And Climate Resilience Infrastructure And Financing
Read first time and referred to the Committee on Environment and Energy (01/03/24)
This bill proposes to amend or enact multiple provisions related to improved flood protection and climate resilience in the State. The bill would also establish or authorize additional activities for the financing of climate mitigation, adaptation, and resilience projects.
The General Assembly started off where they left off, trying to compromise Governor Phil Scott’s popularity with another veto override. On Thursday, the House of Representatives addressed the final Gubernatorial veto of the 2023 session on H.158, an expansion of the beverage container redemption system. To no surprise the House easily laminated their intentions and easily overrode the Governor by a vote of 112-32, only needing to secure ninety-six yes votes. The Senate, however, was a bit of a different story. Needing two-thirds of the attending members of the upper chamber, the Senate would need to rally twenty affirmative votes if the full thirty members are present, to expand a deposit to an array of beverage containers. Last session, the vote on H.158 in the Senate was 19-11. This is going to require caucus pressure by Democrats to move the needed votes back into their camp. Without having secured those votes, the Senate has delayed action on the veto override until January 23rd.
Leadership in both the House & Senate set out priorities for 2024; flood recovery and resiliency following July's historic storms, housing & homelessness, public safety, drug overdose/mental health, affordability, and supporting families.
Governor Scott addressed both Chambers with the “State of the State” with his Budget Address coming at the end of the month. The priorities are like those of the General Assembly, but the question will be how to come together to get the work done. It is not out of the question that the Governor will be handed another stack of bills that will force his trusty veto pen. The Governor is continuing to push for a more affordable Vermont, therein lies the rub.
More details will be available when Governor Scott gives his Budget Address in two weeks.
H 674 - An Act Relating To Regulation Of Septage And Other Materials Containing Perfluoroalkyl And Polyfluoroalkyl Substances
Read first time and referred to the Committee on Environment and Energy (01/05/24)
This bill proposes to prohibit the land application of septage in the State. The bill would prohibit the landfill disposal of waste containing perfluoroalkyl and polyfluoroalkyl substances in excess of State standards or from municipalities lacking a solid waste management implementation or from facilities lacking certification from the State. In addition, the bill would ban the use of sludge for daily cover at a landfill.
H 626 - An Act Relating To Animal Welfare
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/04/24)
This bill proposes to establish the Division of Animal Welfare at the Department of Public Safety to develop, implement, and administer a centralized program for investigating and enforcing animal welfare requirements in the State. The bill would also amend or establish standards for the operation of animal shelters and animal rescue organizations. In addition, the bill would amend or establish requirements for the importation or transportation of animals into the State.
S 213 - An Act Relating To The Regulation Of Wetlands, River Corridor Development, And Dam Safety
Read 1st time & referred to Committee on Natural Resources and Energy (01/04/24)
This bill proposes to amend provisions related to wetlands, river corridor development, and dam safety. The bill would establish as State policy that wetlands shall be regulated and managed to produce a net gain of wetlands acreage. The Secretary of Natural Resources would be required to amend wetlands rules to incorporate the net gain policy. The bill would require the Vermont Significant Wetlands Inventory maps to be updated and revised annually. The bill would also require amendment to the existing Vermont Flood Hazard Area and River Corridor Rule to adopt requirements for issuing and enforcing permits for development within a flood hazard area or a mapped river corridor in the State. In addition, the bill would amend the Unsafe Dam Revolving Fund to be the Dam Safety Revolving Fund to provide loans for emergency and nonemergency funding of dam repair. The bill also provides that the owner of a dam or the owner of land on which a dam is located shall be held strictly, jointly, and severally liable for harm caused by the breach of a dam, provided that the dam has been classified as a significant or high hazard potential dam or the person who owns legal title to a dam or the owner of land on which a dam is located is not in full compliance with dam safety rules.
H 81 - An Act Relating To Fair Repair Of Agricultural Equipment
NEW STATUS: Referred to Committee on Economic Development, Housing and General Affairs per Temporary Senate Rule 44A (01/03/24)
This bill proposes to ensure the fair repair of agricultural equipment.
H 550 - An Act Relating To Expanding Eligibility Under The Local Foods Grant Program
Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/03/24)
This bill proposes to increase the activities and equipment that are eligible for a grant under the Local Foods Grant Program.
H 586 - An Act Relating To Flood Protection And Climate Resilience Infrastructure And Financing
Read first time and referred to the Committee on Environment and Energy (01/03/24)
This bill proposes to amend or enact multiple provisions related to improved flood protection and climate resilience in the State. The bill would also establish or authorize additional activities for the financing of climate mitigation, adaptation, and resilience projects.
2023 Year End Vermont Legislative Report – Session Adjourned Late Friday Night
By noontime on Tuesday, the FY24 Budget bill, known as the “Big Bill”, was agreed to by the Committee of Conference which set out a path for a smooth adjournment on Friday. What was unclear, with less than 3 days left in the session, is how the negotiators of the top priority would make it over the finish line. Universal childcare has been a priority for three years and anyone would have guessed that this would be the most contentious bill of the year. The Senate disposed of the House proposal on Paid Family Leave so the House went full force with childcare by proposing increases in both the personal income tax and corporate income tax. For a moment, the House thought Governor Scott liked tax and fee increases. Not so much, tax/fee increases, motor vehicle fees, and some fees on professionals, are things Governor Scott had warned against. At the end of the week, the personal & corporate tax rate increases were removed much to the disappointment of the newly “minted” Committee Chair; Emily Kornheiser (D-Brattleboro).
The Governor’s budget utilized federal funding and surplus revenues in his version of the budget. Speaker of the House, Jill Krowinski (D-Burlington) said earlier in the session, the Governor’s budget is not a starting place for negotiations. The House constructed a budget around their own personal priorities, and now the General Assembly will return for a veto session to attempt an override of the expected and almost certain veto of the Budget by Governor Scott. The only other option is to work with the Scott Administration on a new budget to be approved on June 20th.
The various bills that were passed that utilized one-time funding or roll out new programs over the next several years will mean that Vermonters may not feel the effects of the 2023 Legislative session until 2027 or 2028.
H.205 An act relating to establishing the Small Farmer Diversification and Transition Program (H.205 language was incorporated into the budget)
S.146 (Anti-Deg) An act relating to the permitting of indirect discharges (missed the crossover deadline for the House to consider)
Right to Farm (draft bill)
The draft legislation worked on by Senate Agriculture never had consensus to move the bill out of committee this year.
S.115 An act relating to miscellaneous agricultural subjects - Passed, to be delivered to Governor
The annual Senate Agriculture miscellaneous bill proposes to:
The bill clarifies that municipalities cannot charge a stormwater fee to farms. Currently there are 6 municipalities charging the fee which affects over 80 farms. The fees collected will not be returned to farms, but Cities will no longer be able to charge the fee.
H.126 An act relating to community resilience and biodiversity protection - Passed, delivered to Governor
This bill establishes a goal of conserving 30% of the state's total land area by 2030 and 50% of its land area by 2050.
The bill outlines three categories of conservation:
The bill also requires the Vermont Housing and Conservation Board to create an inventory of existing land conservation in the State and submit it to the Legislature by July 1, 2024. However, the bill does not mandate that landowners participate. It is voluntary for any that would like to participate in the new program for permanent protection from conversion of natural land cover for the majority of the area and that is managed for the primary goal of sustaining species or habitats.
A similar bill was passed last year and was vetoed by Governor Scott.
H. 472- An act relating to miscellaneous Agriculture Subjects – Passed, delivered to Governor
This bill makes multiple miscellaneous amendments to agricultural statutes.
The Senate only made technical changes and the bill soared through the legislative process.
H.81 An act relating to fair repair of agricultural equipment (missed the crossover deadline for the Senate to consider)
The purpose of this bill is to ensure equitable access to the parts, tools, and documentation that are necessary for independent repair providers and owners to perform timely repair of agricultural and forestry equipment in a safe, secure, reliable, and sustainable manner.
This bill requires original equipment manufacturers (OEMs) to provide available parts, tools, and documentation to be made available for sale to independent repair providers or owners, which is currently only available from an authorized repair provider. This includes any sort of electronic security lock or other security-related function that must be unlocked to service the equipment.
The bill requires that the parts, tools, and documentation be made available at a reasonable and fair cost. However, it is unsure how reasonable will be defined and the bill as passed by the House does not define this clearly. The bill did not meet the crossover deadline therefore and it currently sits in the Senate Rules committee, the Senate Committees may take their swing at it next session.
S.5 Affordable Clean Heat Standard (General Assembly Overrode the Governor’s Veto)
On Tuesday, the Senate took a first crack at overriding Governor Scott's veto. A veto requires 2/3 of the members present to vote yes, otherwise the bill is dead. The House took up the bill on Thursday and voted 107-42 to override the Governor. S.5 will become law.
S.135 An act relating to the establishment of VT Saves - Passed, to be Delivered to Governor Scott
This bill would require the Office of the State Treasurer to establish and administer VT Saves, a program that provides access to retirement savings for Vermont employees.
The bill will:
It is expected that the VT State Treasurer would contract with a third-party administrator to run the program. A one-time appropriation of about $750,000 and fees on participants would pay for the program, including any new state employees hired to administer it.
H.494 FY 2024 Appropriations Bill - Passed, delivered to Governor
(Passed 90-53, not enough to override a Governor’s veto)
The $8.5 billion budget, a 13% increase, the largest increase in history for Vermont. Let's not be confused, Governor Scott will veto this budget. Here are a few examples of why:
H.217 Childcare & Workers Compensation (passed 118-27) - Passed, to be delivered to Governor
The Senate & House came together to pass a provision that would set the Workers’ Compensation annual rates, a “must-pass”. Included in the bill is a renewed childcare plan to aid workers in childcare and pay providers more. We cannot assume Governor Scott doesn’t care about kids or families, like some members of the House have said in passing. Governor Scott included a $56 million increase in childcare spending in his budget proposal, but the Democratic wing of the Legislature said, “not enough”.
Childcare: The new childcare system adds $120 million/year to the childcare system; $76.1 million is appropriated in fiscal year 2024 for the following:
Funding:
The legislation will increase the payroll tax by 0.44%; generate $80 million. The employers will be required to pay at least 3/4 of the tax. The bill required an initial investment from the General Fund, $50 million.
The controversial 12-week Paid Family Leave provision was not included in H.217. S.56, the original Child Care bill and H.66 Mandated Paid Leave did not pass. We expect the Legislature to return with a plan to pass in 2024.
Vermont now ranks #1 nationally for spending the most per child. This statistic didn’t seem to bother the 118 House members that voted for the bill.
Workers Compensation:
For fiscal year 2024, the General Assembly determines that the rate of contribution for the direct calendar year premium for workers’ compensation insurance will be 1.5%. The contribution rate for self-insured workers’ compensation losses and workers’ compensation losses of corporations will remain at 1%.
S.56 An act relating to childcare and early childhood education (some language passed in H.217)
By noontime on Tuesday, the FY24 Budget bill, known as the “Big Bill”, was agreed to by the Committee of Conference which set out a path for a smooth adjournment on Friday. What was unclear, with less than 3 days left in the session, is how the negotiators of the top priority would make it over the finish line. Universal childcare has been a priority for three years and anyone would have guessed that this would be the most contentious bill of the year. The Senate disposed of the House proposal on Paid Family Leave so the House went full force with childcare by proposing increases in both the personal income tax and corporate income tax. For a moment, the House thought Governor Scott liked tax and fee increases. Not so much, tax/fee increases, motor vehicle fees, and some fees on professionals, are things Governor Scott had warned against. At the end of the week, the personal & corporate tax rate increases were removed much to the disappointment of the newly “minted” Committee Chair; Emily Kornheiser (D-Brattleboro).
The Governor’s budget utilized federal funding and surplus revenues in his version of the budget. Speaker of the House, Jill Krowinski (D-Burlington) said earlier in the session, the Governor’s budget is not a starting place for negotiations. The House constructed a budget around their own personal priorities, and now the General Assembly will return for a veto session to attempt an override of the expected and almost certain veto of the Budget by Governor Scott. The only other option is to work with the Scott Administration on a new budget to be approved on June 20th.
The various bills that were passed that utilized one-time funding or roll out new programs over the next several years will mean that Vermonters may not feel the effects of the 2023 Legislative session until 2027 or 2028.
H.205 An act relating to establishing the Small Farmer Diversification and Transition Program (H.205 language was incorporated into the budget)
S.146 (Anti-Deg) An act relating to the permitting of indirect discharges (missed the crossover deadline for the House to consider)
Right to Farm (
The draft legislation worked on by Senate Agriculture never had consensus to move the bill out of committee this year.
S.115 An act relating to miscellaneous agricultural subjects - Passed, to be delivered to Governor
The annual Senate Agriculture miscellaneous bill proposes to:
- Clarify that the Secretary of Agriculture, Food and Markets has the authority to quarantine an animal when the animal is suspected of having been exposed to biological or chemical agents that may adulterate the animal’s milk, processed dairy product, or other product.
- Modernize the requirements for the sale and marketing of eggs in the State.
- Increase the Agency of Agriculture, Food and Markets’ default, maximum penalty amounts in enforcement actions.
The bill clarifies that municipalities cannot charge a stormwater fee to farms. Currently there are 6 municipalities charging the fee which affects over 80 farms. The fees collected will not be returned to farms, but Cities will no longer be able to charge the fee.
H.126 An act relating to community resilience and biodiversity protection - Passed, delivered to Governor
This bill establishes a goal of conserving 30% of the state's total land area by 2030 and 50% of its land area by 2050.
The bill outlines three categories of conservation:
- Ecological reserve area: land that is managed with as little human interference as possible.
- Biodiversity conservation area: land managed in a way that supports biodiversity of plants and animals.
- Natural resource management area: land managed sustainably for timber harvest or regenerative agriculture.
The bill also requires the Vermont Housing and Conservation Board to create an inventory of existing land conservation in the State and submit it to the Legislature by July 1, 2024. However, the bill does not mandate that landowners participate. It is voluntary for any that would like to participate in the new program for permanent protection from conversion of natural land cover for the majority of the area and that is managed for the primary goal of sustaining species or habitats.
A similar bill was passed last year and was vetoed by Governor Scott.
H. 472- An act relating to miscellaneous Agriculture Subjects – Passed, delivered to Governor
This bill makes multiple miscellaneous amendments to agricultural statutes.
- Establishes criteria for the award of financial assistance to agricultural fairs and field days.
- Repeals the requirements for livestock brands.
- Updates multiple provisions related to the management of bees and apiaries.
- Addresses multiple amendments to the requirements for plant nurseries and plant pest detection.
The Senate only made technical changes and the bill soared through the legislative process.
H.81 An act relating to fair repair of agricultural equipment (missed the crossover deadline for the Senate to consider)
The purpose of this bill is to ensure equitable access to the parts, tools, and documentation that are necessary for independent repair providers and owners to perform timely repair of agricultural and forestry equipment in a safe, secure, reliable, and sustainable manner.
This bill requires original equipment manufacturers (OEMs) to provide available parts, tools, and documentation to be made available for sale to independent repair providers or owners, which is currently only available from an authorized repair provider. This includes any sort of electronic security lock or other security-related function that must be unlocked to service the equipment.
The bill requires that the parts, tools, and documentation be made available at a reasonable and fair cost. However, it is unsure how reasonable will be defined and the bill as passed by the House does not define this clearly. The bill did not meet the crossover deadline therefore and it currently sits in the Senate Rules committee, the Senate Committees may take their swing at it next session.
S.5 Affordable Clean Heat Standard (General Assembly Overrode the Governor’s Veto)
On Tuesday, the Senate took a first crack at overriding Governor Scott's veto. A veto requires 2/3 of the members present to vote yes, otherwise the bill is dead. The House took up the bill on Thursday and voted 107-42 to override the Governor. S.5 will become law.
S.135 An act relating to the establishment of VT Saves - Passed, to be Delivered to Governor Scott
This bill would require the Office of the State Treasurer to establish and administer VT Saves, a program that provides access to retirement savings for Vermont employees.
The bill will:
- Require an employer that does not offer a retirement plan to participate in a state-run IRA and funded by a payroll deduction.
- Require 5% of the employee’s paycheck into a Roth IRA account.
- Employers without company plans would be required to help their employees sign up; employers with fewer than five employees would be exempt, at least initially.
- Employees would have the ability to adjust their contributions or decline to participate but would need to opt-out.
It is expected that the VT State Treasurer would contract with a third-party administrator to run the program. A one-time appropriation of about $750,000 and fees on participants would pay for the program, including any new state employees hired to administer it.
H.494 FY 2024 Appropriations Bill - Passed, delivered to Governor
(Passed 90-53, not enough to override a Governor’s veto)
The $8.5 billion budget, a 13% increase, the largest increase in history for Vermont. Let's not be confused, Governor Scott will veto this budget. Here are a few examples of why:
- $120 million in new spending into Vermont’s child care system.
- $30 million a year increase in property taxes to fund free school meals for all students in the state, regardless of income status.
- 68 new positions in state government; a quick google search shows Vermont has more than 90 openings that they can't fill.
- Increase in Motor vehicle fees by 20%
H.217 Childcare & Workers Compensation (passed 118-27) - Passed, to be delivered to Governor
The Senate & House came together to pass a provision that would set the Workers’ Compensation annual rates, a “must-pass”. Included in the bill is a renewed childcare plan to aid workers in childcare and pay providers more. We cannot assume Governor Scott doesn’t care about kids or families, like some members of the House have said in passing. Governor Scott included a $56 million increase in childcare spending in his budget proposal, but the Democratic wing of the Legislature said, “not enough”.
Childcare: The new childcare system adds $120 million/year to the childcare system; $76.1 million is appropriated in fiscal year 2024 for the following:
- $107,500 to AOE to retain a contractor to assist the Prekindergarten Education Implementation Committee and pay per diem compensation and reimbursement of expenses for eligible members.
- $47.8 million to DCF to expand CCFAP eligibility and increase provider rates.
- $4 million to DCF to administer the adjustments to CCFAP.
- $20 million to DCF for one-time readiness payments to providers.
- $4.2 million to the Department of Taxes to be used for the implementation of a new payroll tax, including the establishment of 15 new permanent classified positions.
Funding:
The legislation will increase the payroll tax by 0.44%; generate $80 million. The employers will be required to pay at least 3/4 of the tax. The bill required an initial investment from the General Fund, $50 million.
- Utilizing the Vermont child tax credit, the $1,000 benefit enacted into law last year for income-eligible families with children 5 and under.
- Combination of one-time and base funding appropriated in H.494 (the “Big Bill”) to cover the estimated costs associated with this bill in fiscal year 2024.
- Annualized and other anticipated costs are estimated to be $124.8 million in the fiscal year 2025.
The controversial 12-week Paid Family Leave provision was not included in H.217. S.56, the original Child Care bill and H.66 Mandated Paid Leave did not pass. We expect the Legislature to return with a plan to pass in 2024.
Vermont now ranks #1 nationally for spending the most per child. This statistic didn’t seem to bother the 118 House members that voted for the bill.
Workers Compensation:
For fiscal year 2024, the General Assembly determines that the rate of contribution for the direct calendar year premium for workers’ compensation insurance will be 1.5%. The contribution rate for self-insured workers’ compensation losses and workers’ compensation losses of corporations will remain at 1%.
S.56 An act relating to childcare and early childhood education (some language passed in H.217)
Week 17 of the Vermont Legislative Session – May 5, 2023
As expected, Governor Scott vetoed S.5, the so-called ‘affordable heat act’. In keeping with his repeated reprimands toward the democratic majority, he sent the bill back to the legislature and had a few things to say:
“As I have repeatedly stated publicly, this veto could have been avoided had the Legislature eliminated the confusion and spelled out, in plain language, that the proposed plan would return to the Legislature to be considered for codification and voted on in bill form.”
“Here’s the bottom line: The risk to Vermonters and our economy throughout the state is too great; the confusion around the language and the unknowns are too numerous; and we are making real and measurable progress reducing emissions with a more thoughtful, strategic approach that is already in motion.”
So, it’s back in the hands of the legislature as they scramble around furiously to lock down the needed number of votes to override his veto. No doubt, there is a definite case of strong arming going on under the Golden Dome. The Senate Pro Temp has urged perfect attendance for the duration of the session, which is a sure sign that votes are being actively calculated for upcoming bills and a potential veto override attempt before the session ends. And this is likely just the first stroke of the veto pen with other bills that are not striking his fancy this year such as the childcare bill, the infamous newly constructed and convoluted bottle bill, and oh yeah, our billion-dollar budget.
In case you were thinking Vermonters would escape deepening tax cuts this year, the train rolling through to provide school meals is going full steam ahead and is going to be a tough financial pill to swallow. $29 million from the Education fund will be appropriated for Universal School Meals. This is the second year that funds have been taken from the Education Fund, by property tax collection, to pay for meals rather than buying down the property tax rates. The property tax rates would still increase without utilizing this fund for meals and the $29 million equates to $0.03 on the property tax rates.
S.5 Clean Heat Standard (passed both House & Senate, Vetoed by Governor Scott)
A veto override session is being scheduled for mid-week.
H.494 FY 2024 Appropriations Bill (“BIG BILL”)
In a Committee of Conference trying to settle the differences and see where House Ways & Means lands on funding S.56, Childcare. The committee will meet on Monday.
S.56 An act related to childcare and early childhood education
The controversial childcare bill has completed its last hurdle. On Friday, the House Ways & Means Committee voted out a bill which looks a bit different that the Senate version. The major difference is the 12-week parental leave program has been stripped out. The Senate has said “no” to a robust parental leave program and inserts a 12-week program for the birth of a child. The House essentially said, not good enough and pulled that section out. We expect parental leave proposals to resume in 2024.
The bill will establish a Prekindergarten Education Implementation Committee; change the pupil weight for prekindergarten students in districts that offer full day programs in a public school setting from -0.54 to 0; expand eligibility for the Child Care Financial Assistance Program (CCFAP) to families with income up to 550% of the federal poverty level (FPL); increase the rates the State pays early care and education providers; provide payments to providers to address readiness, quality and capacity; create an afterschool and summer care grant program; create two new permanent positions related to Afterschool and Summer Care in the Agency of Education (AOE), and require the Secretary of Human Service to provide a plan for a reorganization of the Department for Children and Families (DCF).
The bill utilizes a combination of one-time and annual funding appropriated in H.494 (FY24 “Big Bill”) as passed by the House to cover the estimated costs associated with this bill in FY24. The annual estimated cost to run the program, beginning in 2025, is $135.5 million.
The bill appropriates $71.7 million in FY24 for the following:
House Ways & Means is considering changes to the funding by changing the Personal and Corporate tax rates over 3 years, beginning in 2026.
S.135 An act relating to the establishment of VT Saves; (passed)
This bill would require the Office of the State Treasurer to establish and administer VT Saves, a program that provides access to retirement savings for Vermont employees.
The bill will:
As expected, Governor Scott vetoed S.5, the so-called ‘affordable heat act’. In keeping with his repeated reprimands toward the democratic majority, he sent the bill back to the legislature and had a few things to say:
“As I have repeatedly stated publicly, this veto could have been avoided had the Legislature eliminated the confusion and spelled out, in plain language, that the proposed plan would return to the Legislature to be considered for codification and voted on in bill form.”
“Here’s the bottom line: The risk to Vermonters and our economy throughout the state is too great; the confusion around the language and the unknowns are too numerous; and we are making real and measurable progress reducing emissions with a more thoughtful, strategic approach that is already in motion.”
So, it’s back in the hands of the legislature as they scramble around furiously to lock down the needed number of votes to override his veto. No doubt, there is a definite case of strong arming going on under the Golden Dome. The Senate Pro Temp has urged perfect attendance for the duration of the session, which is a sure sign that votes are being actively calculated for upcoming bills and a potential veto override attempt before the session ends. And this is likely just the first stroke of the veto pen with other bills that are not striking his fancy this year such as the childcare bill, the infamous newly constructed and convoluted bottle bill, and oh yeah, our billion-dollar budget.
In case you were thinking Vermonters would escape deepening tax cuts this year, the train rolling through to provide school meals is going full steam ahead and is going to be a tough financial pill to swallow. $29 million from the Education fund will be appropriated for Universal School Meals. This is the second year that funds have been taken from the Education Fund, by property tax collection, to pay for meals rather than buying down the property tax rates. The property tax rates would still increase without utilizing this fund for meals and the $29 million equates to $0.03 on the property tax rates.
S.5 Clean Heat Standard (passed both House & Senate, Vetoed by Governor Scott)
A veto override session is being scheduled for mid-week.
H.494 FY 2024 Appropriations Bill (“BIG BILL”)
In a Committee of Conference trying to settle the differences and see where House Ways & Means lands on funding S.56, Childcare. The committee will meet on Monday.
S.56 An act related to childcare and early childhood education
The controversial childcare bill has completed its last hurdle. On Friday, the House Ways & Means Committee voted out a bill which looks a bit different that the Senate version. The major difference is the 12-week parental leave program has been stripped out. The Senate has said “no” to a robust parental leave program and inserts a 12-week program for the birth of a child. The House essentially said, not good enough and pulled that section out. We expect parental leave proposals to resume in 2024.
The bill will establish a Prekindergarten Education Implementation Committee; change the pupil weight for prekindergarten students in districts that offer full day programs in a public school setting from -0.54 to 0; expand eligibility for the Child Care Financial Assistance Program (CCFAP) to families with income up to 550% of the federal poverty level (FPL); increase the rates the State pays early care and education providers; provide payments to providers to address readiness, quality and capacity; create an afterschool and summer care grant program; create two new permanent positions related to Afterschool and Summer Care in the Agency of Education (AOE), and require the Secretary of Human Service to provide a plan for a reorganization of the Department for Children and Families (DCF).
The bill utilizes a combination of one-time and annual funding appropriated in H.494 (FY24 “Big Bill”) as passed by the House to cover the estimated costs associated with this bill in FY24. The annual estimated cost to run the program, beginning in 2025, is $135.5 million.
The bill appropriates $71.7 million in FY24 for the following:
- $107,500 to AOE to retain a contractor to assist the Prekindergarten Education Implementation Committee and pay per diem compensation and reimbursement of expenses for eligible members.
- $48.7 million to DCF to expand CCFAP eligibility and increase provider rates.
- $4 million to DCF to administer the adjustments to CCFAP.
- $18.87 million to DCF for one-time readiness payments to providers.
House Ways & Means is considering changes to the funding by changing the Personal and Corporate tax rates over 3 years, beginning in 2026.
S.135 An act relating to the establishment of VT Saves; (passed)
This bill would require the Office of the State Treasurer to establish and administer VT Saves, a program that provides access to retirement savings for Vermont employees.
The bill will:
- Require an employer that does not offer a retirement plan to participate in a state-run IRA and funded by a payroll deduction.
- Require 5% of the employee’s paycheck into a Roth IRA account.
- Employers without company plans would be required to help their employees sign up; employers with fewer than five employees would be exempt, at least initially.
- Employees would have the ability to adjust their contributions or decline to participate but would need to opt-out.
Week 16 of the Vermont Legislative Session – April 28, 2023
As the legislature closes in on adjournment day, the bantering of he said, she said is in full swing. The Governor continues to poke holes in the bill dubbed ‘the affordable heat act’ and legislative leaders are coming out swinging. S.5 is the bill in question and has people across the State bickering about whether it’s going to be affordable, as the democrats are touting, or a mechanism of hacking at Vermonter’s heating budgets. There isn’t much question that the Governor will soon have a chance to view the piece of legislation when it lands on his desk, and it is clear he is not at all fond of it as it currently stands. There seems to be an opposite understanding of the bill’s intent. The Speaker of the House, Jill Krowinski, is slinging accusations toward the Governor and his administration as she refutes several comments he has made which included the statement that S.5 as it sits currently would “give people two options: pay significantly more in fuel costs or spend thousands of dollars to install electrical heating systems, when most don’t have the financial means to do either.” According to Krowinski, the bill’s intent is to provide Vermonter's relief from year-over-year increases in fuel costs and insists “The bill's goal is to make us more resilient to the whims of the global market and the continued rise in fuel costs, as well as to take action to mitigate the impact of climate change.” Phew, it must be exhausting to continually be at odds with one another, but in the end, there will be winners and there will be losers. That’s politics in a nutshell. On Friday the Governor issued yet another statement regarding S.5 and the veto pen is already out of its sheath awaiting the bill arrival which he will veto. Again, he issued some strong words aimed directly at the Democrats. “From the start of this conversation, I have clearly, and repeatedly, said I agree we need to reduce our greenhouse gas emissions, including in the thermal sector. However, I strongly believe the right approach is to help people make the transition, not financially punish those who cannot afford to do so.” …Mic drop.
Making the national headlines in a political newsletter, our own Senator Dick Mazza (D) was tapped for the quote of the day, “I’m just confused as hell here. Green means go.” He was commenting on a request from the Department of Transportation to add green lights to snowplows and maintenance trucks. Research has shown drivers are more likely to recognize green lights than amber lights, but the Senate Transportation Committee rejected the request.
Trying to lighten the mood a bit as we storm toward the weekend was not on the mind of our country’s most popular Governor. Governor Scott unleashed another zinger to the Legislators milling about under the Golden Dome, doing seemingly whatever they feel like. This time, he opted for the not-so-soft Dad vibe and let them have it. “State government has a responsibility to prioritize and separate wants from needs, just like most of us do in our own lives. Saying ‘yes’ to almost every ‘want’ is not a luxury a majority of Vermonters have, but unfortunately, it’s what the Legislature is doing.”
The lobby and press core have begun pontificating on an adjournment date and how many bills the Governor will veto. Lucky for Vermont, sports betting is about to become law. This time next year, bets can be wagered on adjournment, vetoes, and if Governor Scott will run for Governor. In the meantime, just getting through the anticipated veto session will have to be enough political jockeying.
As the legislature closes in on adjournment day, the bantering of he said, she said is in full swing. The Governor continues to poke holes in the bill dubbed ‘the affordable heat act’ and legislative leaders are coming out swinging. S.5 is the bill in question and has people across the State bickering about whether it’s going to be affordable, as the democrats are touting, or a mechanism of hacking at Vermonter’s heating budgets. There isn’t much question that the Governor will soon have a chance to view the piece of legislation when it lands on his desk, and it is clear he is not at all fond of it as it currently stands. There seems to be an opposite understanding of the bill’s intent. The Speaker of the House, Jill Krowinski, is slinging accusations toward the Governor and his administration as she refutes several comments he has made which included the statement that S.5 as it sits currently would “give people two options: pay significantly more in fuel costs or spend thousands of dollars to install electrical heating systems, when most don’t have the financial means to do either.” According to Krowinski, the bill’s intent is to provide Vermonter's relief from year-over-year increases in fuel costs and insists “The bill's goal is to make us more resilient to the whims of the global market and the continued rise in fuel costs, as well as to take action to mitigate the impact of climate change.” Phew, it must be exhausting to continually be at odds with one another, but in the end, there will be winners and there will be losers. That’s politics in a nutshell. On Friday the Governor issued yet another statement regarding S.5 and the veto pen is already out of its sheath awaiting the bill arrival which he will veto. Again, he issued some strong words aimed directly at the Democrats. “From the start of this conversation, I have clearly, and repeatedly, said I agree we need to reduce our greenhouse gas emissions, including in the thermal sector. However, I strongly believe the right approach is to help people make the transition, not financially punish those who cannot afford to do so.” …Mic drop.
Making the national headlines in a political newsletter, our own Senator Dick Mazza (D) was tapped for the quote of the day, “I’m just confused as hell here. Green means go.” He was commenting on a request from the Department of Transportation to add green lights to snowplows and maintenance trucks. Research has shown drivers are more likely to recognize green lights than amber lights, but the Senate Transportation Committee rejected the request.
Trying to lighten the mood a bit as we storm toward the weekend was not on the mind of our country’s most popular Governor. Governor Scott unleashed another zinger to the Legislators milling about under the Golden Dome, doing seemingly whatever they feel like. This time, he opted for the not-so-soft Dad vibe and let them have it. “State government has a responsibility to prioritize and separate wants from needs, just like most of us do in our own lives. Saying ‘yes’ to almost every ‘want’ is not a luxury a majority of Vermonters have, but unfortunately, it’s what the Legislature is doing.”
The lobby and press core have begun pontificating on an adjournment date and how many bills the Governor will veto. Lucky for Vermont, sports betting is about to become law. This time next year, bets can be wagered on adjournment, vetoes, and if Governor Scott will run for Governor. In the meantime, just getting through the anticipated veto session will have to be enough political jockeying.
Week 15 of the Vermont Legislative Session – April 21, 2023
The Governor kicked off the week with yet another warning to the General Assembly as he called for focus on Vermont’s communities and People. The Press Release came as another stern warning to get the budget closer aligned to his priorities or he may be priming his illustrious veto pen. The governor reminded the legislators of his inaugural address and the priorities he laid out, and the items legislators have chosen to cut from his budget.
“Unfortunately, despite the efforts of my team and many legislators from these small towns, initiatives that would help communities and families are being sidelined and sacrificed in order to satisfy political agendas and appease special interest groups. This includes an unwillingness to modernize Act 250 so we can increase housing in rural communities; removing funding I’d proposed for much-need community infrastructure like roads, bridges, and stormwater; not considering tax relief for working families; and eliminating initiatives that would create jobs in the counties that need them most.”
Although some legislators believe that “the end” is near, warnings like this make some veteran legislators in the building skeptical of a so called ‘wing and a prayer’ date of May 12th for adjournment.
To add some lighthearted fun to the expected tumultuous last few weeks of the session, our legislators are doing a little ‘legal’ gambling of their own. A pool has been set up at a cost of $2 per guess to pick the day and time the session adjourns. Nobody will get rich, but entry fee money will go toward the Good Samaritan Haven. Keeping in form with what we’ve seen so far this year and the legislature aiming to spend more money than we have, it was pointed out by the Representative running the pool that multiple entries are not only allowed but strongly encouraged. Spend, Spend, Spend!
The Senate finalized their version of the FY’24 Budget which is in response to the Governor’s and House of Representatives budget bill. While we don’t expect Governor Scott to like either version of the bill, the Senate did work until they could pass their bill unanimously. The House bill was voted, 8-3 and according to the Senate left out important parts of the budget that need to be included. We expect the bill to be debated in the Senate late next week.
H.126 An act relating to community resilience and biodiversity protection
Legislation is being discussed that would set a target of conserving 30% of our lands by 2030, 50% by 2050, and establish a planning process for how to get there. The bill does not mandate that landowners participate. It is voluntary for any that would like to participate in the new program for permanent protection from conversion of natural land cover for the majority of the area and is managed for the primary goal of sustaining species or habitats.
The Senate Natural Resources and Energy Committee amended the bill by adding in water to conserved land. The reasoning is freshwater vertebrate have declined by 94% and this is a way to save some waters in Vermont. The amendment can be found here. The bill was voted out of the Committee unanimously.
A similar bill was passed last year and vetoed by Governor Scott.
S.5 Clean Heat Standard (passes House 98-46) Bill Summary
The bill, passed by the House, will establish the Clean Heat Standard aimed at reducing Vermont’s greenhouse gas emissions from the thermal (heating) sector. The Public Utility Commission would administer the Clean Heat Standard with assistance from two advisory groups: the Technical Advisory Group and the Equity Advisory Group. The Department of Public Service would be a partner in providing assistance and in verifying and evaluating clean heat credit claims.
The advocates and media are dubbing the bill as a “big” study on how to address climate change in the thermal sector. The Fiscal Impact estimates the bill would have a $1.725 million fiscal impact on the General Fund for fiscal year 2024 and will cost more in future years because of increased investments over time.
General Fund for fiscal year 2024:
Under the Clean Heat Standard, each year obligated parties must retire clean heat credits – a tradeable, nontangible commodity that represents the amount of greenhouse gas emissions reductions caused by a clean heat measure. Clean heat credits may be retired by delivering fuel and technologies that reduce greenhouse gas emissions (clean heat measures) or by contracting out or purchasing clean heat credits. The Commission would establish the number of clean heat credits obligated parties must retire each year to set a pace for Vermont’s thermal sector to achieve greenhouse gas emission reductions.
The overall cost and how the clean heat credits will be applied, in addition to a much better idea on the initial cost to the State, businesses and individuals won’t be understood until 2025 when the study and analysis will be finalized. Alongside this evaluation will be the rulemaking to start the program. Action is required in 2025 by the Legislature and Governor by affirmative vote in order to have the program move forward.
Many amendments were offered to try to limit the amount that heating fuels can increase, limit the amount heating fuels could increase, require additional approval by the 2025 before moving forward, and repeal the Global Warning Solutions Act from Vermont law. The Democratic caucus prevailed in voting down any amendments that were offered. Governor Scott is likely to veto the bill so vote counts have started for a veto over-ride attempt in June.
S.56 An act relating to child care and early childhood education (passes House Human Services (10-1-0))
The bill estimated to cost $135 million annually, proposes to establish a committee to study prekindergarten education; expand eligibility for the Child Care Financial Assistance Program (CCFAP) to families with income up to 600% of the federal poverty level (FPL); increase rates the State pays early care and education providers; provide grants to providers to address readiness and quality and capacity, repeal the child tax credit; and institute a new payroll tax. The bill also removes the “Paid Leave” provision that was inserted in the Senate.
The VT General Assembly's Joint Fiscal Office estimates the bill would:
The House Ways & Means Committee, wanting to look for new funding, has spent the week looking at raising the Corporate Income Tax, income tax rates and/or the Vermont Gross Receipts tax to pay for the program.
It’s difficult to predict where the House Ways & Means Committee will land on funding the bill, but it is surely an “eye-popping” amount considering it only provides assistance to families for prekindergarten education, and not assistance for those that are required to go back to work after their maternity/paternity leave.
The Governor kicked off the week with yet another warning to the General Assembly as he called for focus on Vermont’s communities and People. The Press Release came as another stern warning to get the budget closer aligned to his priorities or he may be priming his illustrious veto pen. The governor reminded the legislators of his inaugural address and the priorities he laid out, and the items legislators have chosen to cut from his budget.
“Unfortunately, despite the efforts of my team and many legislators from these small towns, initiatives that would help communities and families are being sidelined and sacrificed in order to satisfy political agendas and appease special interest groups. This includes an unwillingness to modernize Act 250 so we can increase housing in rural communities; removing funding I’d proposed for much-need community infrastructure like roads, bridges, and stormwater; not considering tax relief for working families; and eliminating initiatives that would create jobs in the counties that need them most.”
Although some legislators believe that “the end” is near, warnings like this make some veteran legislators in the building skeptical of a so called ‘wing and a prayer’ date of May 12th for adjournment.
To add some lighthearted fun to the expected tumultuous last few weeks of the session, our legislators are doing a little ‘legal’ gambling of their own. A pool has been set up at a cost of $2 per guess to pick the day and time the session adjourns. Nobody will get rich, but entry fee money will go toward the Good Samaritan Haven. Keeping in form with what we’ve seen so far this year and the legislature aiming to spend more money than we have, it was pointed out by the Representative running the pool that multiple entries are not only allowed but strongly encouraged. Spend, Spend, Spend!
The Senate finalized their version of the FY’24 Budget which is in response to the Governor’s and House of Representatives budget bill. While we don’t expect Governor Scott to like either version of the bill, the Senate did work until they could pass their bill unanimously. The House bill was voted, 8-3 and according to the Senate left out important parts of the budget that need to be included. We expect the bill to be debated in the Senate late next week.
H.126 An act relating to community resilience and biodiversity protection
Legislation is being discussed that would set a target of conserving 30% of our lands by 2030, 50% by 2050, and establish a planning process for how to get there. The bill does not mandate that landowners participate. It is voluntary for any that would like to participate in the new program for permanent protection from conversion of natural land cover for the majority of the area and is managed for the primary goal of sustaining species or habitats.
The Senate Natural Resources and Energy Committee amended the bill by adding in water to conserved land. The reasoning is freshwater vertebrate have declined by 94% and this is a way to save some waters in Vermont. The amendment can be found here. The bill was voted out of the Committee unanimously.
A similar bill was passed last year and vetoed by Governor Scott.
S.5 Clean Heat Standard (passes House 98-46) Bill Summary
The bill, passed by the House, will establish the Clean Heat Standard aimed at reducing Vermont’s greenhouse gas emissions from the thermal (heating) sector. The Public Utility Commission would administer the Clean Heat Standard with assistance from two advisory groups: the Technical Advisory Group and the Equity Advisory Group. The Department of Public Service would be a partner in providing assistance and in verifying and evaluating clean heat credit claims.
The advocates and media are dubbing the bill as a “big” study on how to address climate change in the thermal sector. The Fiscal Impact estimates the bill would have a $1.725 million fiscal impact on the General Fund for fiscal year 2024 and will cost more in future years because of increased investments over time.
General Fund for fiscal year 2024:
- $825,000 for the Public Utility Commission to pay for three new full-time employees (FTEs), consultants, per diems for members of the two advisory groups, marketing and public outreach, and translation services.
- $900,000 for the Department of Public Service to pay for three new FTEs, consultants, and funding to complete the potential study and economic modeling.
Under the Clean Heat Standard, each year obligated parties must retire clean heat credits – a tradeable, nontangible commodity that represents the amount of greenhouse gas emissions reductions caused by a clean heat measure. Clean heat credits may be retired by delivering fuel and technologies that reduce greenhouse gas emissions (clean heat measures) or by contracting out or purchasing clean heat credits. The Commission would establish the number of clean heat credits obligated parties must retire each year to set a pace for Vermont’s thermal sector to achieve greenhouse gas emission reductions.
The overall cost and how the clean heat credits will be applied, in addition to a much better idea on the initial cost to the State, businesses and individuals won’t be understood until 2025 when the study and analysis will be finalized. Alongside this evaluation will be the rulemaking to start the program. Action is required in 2025 by the Legislature and Governor by affirmative vote in order to have the program move forward.
Many amendments were offered to try to limit the amount that heating fuels can increase, limit the amount heating fuels could increase, require additional approval by the 2025 before moving forward, and repeal the Global Warning Solutions Act from Vermont law. The Democratic caucus prevailed in voting down any amendments that were offered. Governor Scott is likely to veto the bill so vote counts have started for a veto over-ride attempt in June.
S.56 An act relating to child care and early childhood education (passes House Human Services (10-1-0))
The bill estimated to cost $135 million annually, proposes to establish a committee to study prekindergarten education; expand eligibility for the Child Care Financial Assistance Program (CCFAP) to families with income up to 600% of the federal poverty level (FPL); increase rates the State pays early care and education providers; provide grants to providers to address readiness and quality and capacity, repeal the child tax credit; and institute a new payroll tax. The bill also removes the “Paid Leave” provision that was inserted in the Senate.
The VT General Assembly's Joint Fiscal Office estimates the bill would:
- Repeal the child tax credit which eliminates it as a tax expenditure to the State; $31.8 million starting in FY 2024.
- Levy a 0.42% payroll tax on wages and self-employment income.
The House Ways & Means Committee, wanting to look for new funding, has spent the week looking at raising the Corporate Income Tax, income tax rates and/or the Vermont Gross Receipts tax to pay for the program.
It’s difficult to predict where the House Ways & Means Committee will land on funding the bill, but it is surely an “eye-popping” amount considering it only provides assistance to families for prekindergarten education, and not assistance for those that are required to go back to work after their maternity/paternity leave.
Week 14 of the Vermont Legislative Session – April 14, 2023
Hazy, Hot and Humid – that pretty much sums up the weather outside at the end of this week and the mood thermometer of legislators inside the Golden Dome. Things are getting a bit prickly, not only between the Governor’s crew and democratic legislators, but there is some knit picking amongst those of the same party on certain topics. Housing being one of them. The more the wheels turn, the more obvious it appears that we’ll be heading for a veto showdown on several bills. The dooms day dates for a Veto override are currently scheduled for June 20, 21, 22. As similar in other years, when the warmer weather begins and the tulips are popping up, people are eager for summer vacation. To get out on time, many agreements still need to be made and priorities need to align and at this time, they’ve got a long way to go. Senate Leadership said on Thursday that they will finalize the FY24 budget by next Friday so May 12th appears to be the target date for adjournment, but that is certainly not guaranteed.
This year is the first full legislative session, post-pandemic, and Vermont entered 2023 with record reserves in the education fund, sales & use taxes still far above forecast with millions and millions of dollars in federal funding, it apparently is still not enough. Well, enough for whom? The new General Assembly, composed of more than 30% of new legislators, has decided to test the public and Governor Scott by advancing $461 million of new taxes and fees. Brace yourself, the first punch has been thrown. These fees will be reviewed by Senate Finance next week.
Heading into 2023, business groups agreed and supported a Universal Childcare Program. Stating that if there is one thing the Legislature could do, it would be to help the workforce by providing childcare after the 12 weeks a parent takes after their child is born. The current version of the bill, as passed by the Senate, only provides subsidies for 4-year-olds, not the help many were hoping for.
The question is how the House & Senate will settle on both childcare, paid family leave, housing, taxes/fees and what is dubbed as the “unaffordable heat act”. One thing is certain, Governor Scott is not impressed with many of the bills making their way through both Chambers. A huge sticking point is the $62M in fee increases that will affect vehicle registrations, driver license renewals, truck & trailer registrations, and literally every fee under the cover of VT Department of Motor Vehicles. VT DMV didn’t ask for the fee increases and does not support the passage of these increased costs on Vermonters.
What has been relatively quiet is health care reform, instead focusing on mental health and infrastructure for treatment as well as trying to manage and decrease the rising opioid crisis.
And finally… everybody wants a raise, right? Legislators are no different and with that, S.39 is born. An act relating to compensation and benefits for members of the Vermont General Assembly. The bill will increase pay beginning in 2025 from $853K for the 180 Legislative members to $2.5 million and grows to $4.88 million in 2027. S.39 also includes a full year of health benefits for participating members, plus updated legislator weekly session salaries and updated leadership annual salaries, plus legislator weekly off-session compensation. Even the Governor had some agreement to allow pay and benefit increases for our hard-working legislators. However, it is with the caveat of trimming the session to 3 months. The bill passed the Senate Friday morning on a division of 18-9. It will be interesting to see what the House does with this one.
S.146 An act relating to the permitting of indirect discharges, The working draft can be found here.
This bill clarifies how indirect discharges of wastewater in the State are permitted, including compliance with the Vermont Water Quality Standards and the State Antidegradation Implementation Policy.
The Federal Clean Water Act requires states to adopt an antidegradation policy, so at the request of the Vermont Agency of Natural Resources, the Senate Natural Resources & Energy Committee discussed draft language to reclassify high quality waters. To comply, the Legislature will be seeking information and recommendations to set up a statewide policy to protect the State's waters and uses.
The bill will require several reporting requirements. In addition, the Secretary, in consultation with the Secretary of Agriculture, Food and Markets, will convene a Non-point Source Pollution in Class A and B1 Waters Stakeholder Group to review, investigate, and make recommendations regarding the State antidegradation policy as it relates to non-Point source pollution in high quality waters.
The charge of the stakeholder group is:
o Analyze whether the Required Agricultural Practices (RAPs) for The Agricultural Non-Point Source Pollution Control Program and Acceptable Management Practices (AMPs) for Maintaining Water Quality on Logging Jobs in Vermont are sufficient to protect Class A and B1 waterways and waterbodies.
o Identify whether legislative or administrative rule changes are necessary.
The Stakeholder Group will be required to prepare and submit a written report to the Legislature providing its findings and recommendations on whether the RAPs and AMPs are sufficient to protect Class A and B1 waters.
The Senate Committee on Natural Resources & Energy voted the bill out unanimously, the bill then went to the Senate Rules Committee as it missed the Crossover deadline. The rules committee released the bill, and it will go to the Senate floor where it most likely will be sent to another committee for further consideration.
Affordable Heat Act (S.5) passed by a vote of 8-3
This is intended to help Vermonters reduce their dependence on fossil fuels by requiring importers of fossil heating fuels to reduce pollution over time. To do so, fuel dealers will have to provide cleaner heat options, primarily for lower- and middle-income Vermonters. The bill contemplates that by switching to heat pumps, advanced wood heat, and encouraging more weatherization. The bill aims to reduce costs over time for Vermonters.
The House Committee made mostly clarifying changes to the bill and brushed off concerns around the bill. The bill requires a report back from the "Commission" to the legislature. The bill requires an affirmative vote by the Legislature once it establishes the framework of the Clean Heat Standard prior to rulemaking. An annual reporting requirement after rulemaking is also part of the bill.
Successfully clarified language to allow methane digestors to be fully counted in the credit system.
A similar bill was vetoed by Governor Scott last session because it would increase heating costs for Vermonters.
Hazy, Hot and Humid – that pretty much sums up the weather outside at the end of this week and the mood thermometer of legislators inside the Golden Dome. Things are getting a bit prickly, not only between the Governor’s crew and democratic legislators, but there is some knit picking amongst those of the same party on certain topics. Housing being one of them. The more the wheels turn, the more obvious it appears that we’ll be heading for a veto showdown on several bills. The dooms day dates for a Veto override are currently scheduled for June 20, 21, 22. As similar in other years, when the warmer weather begins and the tulips are popping up, people are eager for summer vacation. To get out on time, many agreements still need to be made and priorities need to align and at this time, they’ve got a long way to go. Senate Leadership said on Thursday that they will finalize the FY24 budget by next Friday so May 12th appears to be the target date for adjournment, but that is certainly not guaranteed.
This year is the first full legislative session, post-pandemic, and Vermont entered 2023 with record reserves in the education fund, sales & use taxes still far above forecast with millions and millions of dollars in federal funding, it apparently is still not enough. Well, enough for whom? The new General Assembly, composed of more than 30% of new legislators, has decided to test the public and Governor Scott by advancing $461 million of new taxes and fees. Brace yourself, the first punch has been thrown. These fees will be reviewed by Senate Finance next week.
Heading into 2023, business groups agreed and supported a Universal Childcare Program. Stating that if there is one thing the Legislature could do, it would be to help the workforce by providing childcare after the 12 weeks a parent takes after their child is born. The current version of the bill, as passed by the Senate, only provides subsidies for 4-year-olds, not the help many were hoping for.
The question is how the House & Senate will settle on both childcare, paid family leave, housing, taxes/fees and what is dubbed as the “unaffordable heat act”. One thing is certain, Governor Scott is not impressed with many of the bills making their way through both Chambers. A huge sticking point is the $62M in fee increases that will affect vehicle registrations, driver license renewals, truck & trailer registrations, and literally every fee under the cover of VT Department of Motor Vehicles. VT DMV didn’t ask for the fee increases and does not support the passage of these increased costs on Vermonters.
What has been relatively quiet is health care reform, instead focusing on mental health and infrastructure for treatment as well as trying to manage and decrease the rising opioid crisis.
And finally… everybody wants a raise, right? Legislators are no different and with that, S.39 is born. An act relating to compensation and benefits for members of the Vermont General Assembly. The bill will increase pay beginning in 2025 from $853K for the 180 Legislative members to $2.5 million and grows to $4.88 million in 2027. S.39 also includes a full year of health benefits for participating members, plus updated legislator weekly session salaries and updated leadership annual salaries, plus legislator weekly off-session compensation. Even the Governor had some agreement to allow pay and benefit increases for our hard-working legislators. However, it is with the caveat of trimming the session to 3 months. The bill passed the Senate Friday morning on a division of 18-9. It will be interesting to see what the House does with this one.
S.146 An act relating to the permitting of indirect discharges, The working draft can be found here.
This bill clarifies how indirect discharges of wastewater in the State are permitted, including compliance with the Vermont Water Quality Standards and the State Antidegradation Implementation Policy.
The Federal Clean Water Act requires states to adopt an antidegradation policy, so at the request of the Vermont Agency of Natural Resources, the Senate Natural Resources & Energy Committee discussed draft language to reclassify high quality waters. To comply, the Legislature will be seeking information and recommendations to set up a statewide policy to protect the State's waters and uses.
The bill will require several reporting requirements. In addition, the Secretary, in consultation with the Secretary of Agriculture, Food and Markets, will convene a Non-point Source Pollution in Class A and B1 Waters Stakeholder Group to review, investigate, and make recommendations regarding the State antidegradation policy as it relates to non-Point source pollution in high quality waters.
The charge of the stakeholder group is:
o Analyze whether the Required Agricultural Practices (RAPs) for The Agricultural Non-Point Source Pollution Control Program and Acceptable Management Practices (AMPs) for Maintaining Water Quality on Logging Jobs in Vermont are sufficient to protect Class A and B1 waterways and waterbodies.
o Identify whether legislative or administrative rule changes are necessary.
The Stakeholder Group will be required to prepare and submit a written report to the Legislature providing its findings and recommendations on whether the RAPs and AMPs are sufficient to protect Class A and B1 waters.
The Senate Committee on Natural Resources & Energy voted the bill out unanimously, the bill then went to the Senate Rules Committee as it missed the Crossover deadline. The rules committee released the bill, and it will go to the Senate floor where it most likely will be sent to another committee for further consideration.
Affordable Heat Act (S.5) passed by a vote of 8-3
This is intended to help Vermonters reduce their dependence on fossil fuels by requiring importers of fossil heating fuels to reduce pollution over time. To do so, fuel dealers will have to provide cleaner heat options, primarily for lower- and middle-income Vermonters. The bill contemplates that by switching to heat pumps, advanced wood heat, and encouraging more weatherization. The bill aims to reduce costs over time for Vermonters.
The House Committee made mostly clarifying changes to the bill and brushed off concerns around the bill. The bill requires a report back from the "Commission" to the legislature. The bill requires an affirmative vote by the Legislature once it establishes the framework of the Clean Heat Standard prior to rulemaking. An annual reporting requirement after rulemaking is also part of the bill.
Successfully clarified language to allow methane digestors to be fully counted in the credit system.
A similar bill was vetoed by Governor Scott last session because it would increase heating costs for Vermonters.
Week 13 of the Vermont Legislative Session – April 7, 2023
Oh, happy times under the Golden Dome as everyone heads home for Easter weekend in hopes of finding that golden egg during the hunt. Not so different than what is going on between the legislature and our Governor as they stand their own ground and dig in their heels, each hoping to come out the winner with so many ‘priorities’. Our legislators beating their drums with spending, spending, spending, and the governor putting his foot down with an authoritative stare, April showers better bring bright May flowers. Hopefully the gray skies won’t completely cloud the judgement of legislators when it comes to taxing Vermonters to their breaking point.
In line with some of the heavy lifting being made by the democratically held legislature, keep this in mind: “Every time you clean something, you just make something else dirty” – it can be directly related to every time you raise taxes, you undoubtedly cause harm to someone, with or without intent.
Big doings this week at Beta Technologies in South Burlington with a quick visit from the First Lady, Dr. Jill Biden, as Airforce One dropped its wheels on the tarmac of the (to be) newly named Patrick Leahy Burlington International Airport. As part of her ‘investing in America’ tour, she spoke with students and others about the importance of getting hands-on experience within the field of technology and decreasing the stigma of tech careers, as it is the future. Part of her message to the folks gathered was “Keep innovating in how you help high school and colleges work together so that every young person has a pathway to the jobs that are critical to rebuilding our infrastructure, propelling our clean energy future, and revitalizing our manufacturing right here at home”. The First Lady was only on Vermont soil for about an hour and a half but no matter which political party you line dance with, seeing the Presidential plane landing was quite a sight to see.
H.205 An act relating to establishing the Small Farmer Diversification and Transition Program, Passed House (Senate Ag amendment)
The Senate Agricultural Committee began its review of this bill as it came over from the House. The committee will likely fold this program into the Working Lands Enterprise Board. There is $350,000 allocated with grants possible up to $15,000 maximum. The committee will continue to work on the bill next week.
H.81 Act relating to fair repair of agricultural equipment
The House Committee on Agriculture voted the Right to Repair bill out this week by a vote of 9-2. It was then referred to the House Committee on Commerce and Economic Development. This bill was heavily debated and missed the crossover deadline so it would need special permission to be taken up in the Senate.
23-1011 An act relating to the permitting of indirect discharges, The working draft can be found here.
This bill proposes to clarify how indirect discharges of wastewater in the State are permitted, including compliance with the Vermont Water Quality Standards and the State Antidegradation Implementation Policy.
The Federal Clean Water Act requires states to adopt an antidegradation policy, so at the request of Vermont Agency of Natural Resources, the Senate Natural Resources & Energy Committee discussed draft language to reclassify high quality waters. To comply, the Legislature will be seeking information and recommendations to set up a statewide policy to protect the State's waters and uses.
The bill will require several reporting requirements. In addition, the Secretary, in consultation with the Secretary of Agriculture, Food and Markets, will convene a Non-point Source Pollution in Class A and B(1) Waters Stakeholder Group to review, investigate, and make recommendations regarding the State antidegradation policy as it relates to non-point source pollution in high quality waters.
The charge of the stakeholder group is:
The committee will continue work on this bill next week with a new draft and plan to vote it out on Wednesday.
S.135 An act relating to the establishment of VT Saves; passed Senate
This bill would require the Office of the State Treasurer to establish and administer VT Saves, a program that provides access to retirement savings for Vermont employees.
The bill will:
Oh, happy times under the Golden Dome as everyone heads home for Easter weekend in hopes of finding that golden egg during the hunt. Not so different than what is going on between the legislature and our Governor as they stand their own ground and dig in their heels, each hoping to come out the winner with so many ‘priorities’. Our legislators beating their drums with spending, spending, spending, and the governor putting his foot down with an authoritative stare, April showers better bring bright May flowers. Hopefully the gray skies won’t completely cloud the judgement of legislators when it comes to taxing Vermonters to their breaking point.
In line with some of the heavy lifting being made by the democratically held legislature, keep this in mind: “Every time you clean something, you just make something else dirty” – it can be directly related to every time you raise taxes, you undoubtedly cause harm to someone, with or without intent.
Big doings this week at Beta Technologies in South Burlington with a quick visit from the First Lady, Dr. Jill Biden, as Airforce One dropped its wheels on the tarmac of the (to be) newly named Patrick Leahy Burlington International Airport. As part of her ‘investing in America’ tour, she spoke with students and others about the importance of getting hands-on experience within the field of technology and decreasing the stigma of tech careers, as it is the future. Part of her message to the folks gathered was “Keep innovating in how you help high school and colleges work together so that every young person has a pathway to the jobs that are critical to rebuilding our infrastructure, propelling our clean energy future, and revitalizing our manufacturing right here at home”. The First Lady was only on Vermont soil for about an hour and a half but no matter which political party you line dance with, seeing the Presidential plane landing was quite a sight to see.
H.205 An act relating to establishing the Small Farmer Diversification and Transition Program, Passed House (Senate Ag amendment)
The Senate Agricultural Committee began its review of this bill as it came over from the House. The committee will likely fold this program into the Working Lands Enterprise Board. There is $350,000 allocated with grants possible up to $15,000 maximum. The committee will continue to work on the bill next week.
H.81 Act relating to fair repair of agricultural equipment
The House Committee on Agriculture voted the Right to Repair bill out this week by a vote of 9-2. It was then referred to the House Committee on Commerce and Economic Development. This bill was heavily debated and missed the crossover deadline so it would need special permission to be taken up in the Senate.
23-1011 An act relating to the permitting of indirect discharges, The working draft can be found here.
This bill proposes to clarify how indirect discharges of wastewater in the State are permitted, including compliance with the Vermont Water Quality Standards and the State Antidegradation Implementation Policy.
The Federal Clean Water Act requires states to adopt an antidegradation policy, so at the request of Vermont Agency of Natural Resources, the Senate Natural Resources & Energy Committee discussed draft language to reclassify high quality waters. To comply, the Legislature will be seeking information and recommendations to set up a statewide policy to protect the State's waters and uses.
The bill will require several reporting requirements. In addition, the Secretary, in consultation with the Secretary of Agriculture, Food and Markets, will convene a Non-point Source Pollution in Class A and B(1) Waters Stakeholder Group to review, investigate, and make recommendations regarding the State antidegradation policy as it relates to non-point source pollution in high quality waters.
The charge of the stakeholder group is:
- Analyze whether the Required Agricultural Practices (RAPs) for The Agricultural Non-point Source Pollution Control Program and Acceptable Management Practices (AMPs) for Maintaining Water Quality on Logging Jobs in Vermont are sufficient to protect Class A and B1 waterways and waterbodies.
- Identify whether legislative or administrative rule changes are necessary.
The committee will continue work on this bill next week with a new draft and plan to vote it out on Wednesday.
S.135 An act relating to the establishment of VT Saves; passed Senate
This bill would require the Office of the State Treasurer to establish and administer VT Saves, a program that provides access to retirement savings for Vermont employees.
The bill will:
- Require an employer that does not offer a retirement plan to participate in a state-run IRA and funded by a payroll deduction.
- Require 5% of the employee’s paycheck into a Roth IRA account.
- Employers without company plans would be required to help their employees sign up; employers with fewer than five employees would be exempt, at least initially.
- Employees would have the ability to adjust their contributions or decline to participate but would need to opt-out.
Week 11 of the Vermont Legislative Session - March 24, 2023
We’ve all likely heard the tune, ‘it’s raining men (hallelujah) and this week at the golden topped Statehouse, that tune could be changed to ‘it’s raining bills, upon bills, upon bills as the scramble ensued primarily through the Committees on Finance and Appropriations as, one by one, bills were brought up and voted on in rapid succession. Spring is certainly in the air but there is still a fog lingering from the mass amounts of bills floundering about with an uncertain future.
The bottle bill was aggressively tossed from committee to committee adding and removing language, just be added, or taken away again. The hymn was a little like this, You taketh away, I giveth, then I taketh it away again. This was all just within the House Committees, so we’ll see what kind of dance takes place when it gets punted over to the Senate.
Another interesting battle in the making is the Senate version of a childcare bill (S.54) which added a component of Paid Parental Leave for one parent for up to 12 weeks at a maximum weekly benefit of $600, utilizing the child tax credit and a much smaller payroll tax. The House version, much more generous and expansive conditions for which the leave is eligible, H.66 Paid Family Leave bill, providing up to 90% wage replacement and paid wholly through a payroll tax.
Governor Scott was less than impressed with the passing of H.66 on the floor and had a few choice words for the Legislature.
“It’s important to know, I support universal access to paid family and medical leave. That’s why my Administration put forward a voluntary program that is now being implemented.
“With record state surpluses and high inflation, it is counterintuitive to force a new broad-base tax on already overburdened Vermonters – especially when there is an alternative path to achieve our goal.
Rest assured, the boxing gloves will be coming out on this one as the showdown between House and Senate volleys for a stronghold with each believing their bill is the best step forward as the clock ticks forward toward a May adjournment.
The Vermont Dairy Producers Alliance was well represented in the State House this week. Clara Ayer of Fairmont Farms, spoke to the House Committee on Agriculture, Food Resiliency, and Forestry on Tourism Day. She spoke about their dairy business, the Farm Market they started during the pandemic, summer cow camps, and the addition of sheep, pigs, and beef cattle that are processed and sold through their Farm Market. Fairmont Farms has an array of activities held on their farm that brings new people into the state. Tourism Day at the State House was well represented by many different sectors.
S.115 - An act relating to miscellaneous agricultural subjects (Senate Finance Amendment)
Jacob Bourdeau, owner of Nelson Dairies West, and Mark Magnan, Owner, Magnan Brothers Farm both testified in the Senate Committee on Finance on the Senate Natural Resources amendment to continue to charge a stormwater fee to farms. Under the law, and supported by both AAFM and Legislative Council, the fees now being charged by municipalities do not have the authority to charge for these fees. In Vermont, under the Required Agricultural Practices, agriculture cannot have a discharge of water and if discharges occur, they are regulated under the Required Agricultural Practices.
Presently, there are eight municipalities that currently charge farms to “manage” their stormwater. The Senate Finance Committee spent a good amount of time discussing the issue, ultimately removing the sections that would stop the double dipping from happening and added a report to be due back to the committees of jurisdiction.
Report:
On or before December 1, 2023, the Commissioner of Environmental Conservation, after consultation with the Secretary of Agriculture, Food and Markets and with representatives of municipal stormwater utilities or regulators, shall submit to the Senate Committees on Agriculture and on Natural Resources and Energy and the House Committees on Agriculture, Food Resiliency, and Forestry and on Environment and Energy a report regarding the regulation by municipal stormwater entities of property subject to the Required Agricultural Practices.
The report shall include:
The Committee also included a “suspension of collection of the fee” by municipalities to farms until July 1, 2024.
The bill be up for action on the Senate floor on Wednesday.
Draft 23-0998 An act relating to providing financial assistance to organic dairy farms
The Senate Committee on Agriculture proposed a permit program this week to assist the organic dairy sector by providing financial assistance. The program is designed to prevent farm closures and to alleviate current financial conditions while allowing for potential long-term market changes in costs of production and milk prices.
Eligibility for the farm:
S.56 Child Care & Parental Leave
The Senate Health and Welfare Committee advanced S.56 on a 3-2 vote.
The scaled back version of S.56 creates a Child Care Financial Assistance Program. Assistance will be provided through subsidies funded through the childcare tax credit. The bill does not address the overwhelming need for additional child care options.
Sponsor of the bill, Sen Ruth Hardy (D)-Addison District said, “the bill increases both subsidies for families and reimbursement rates for providers, meaning that childcare would be less expensive for families and more financially viable for childcare centers and home-care programs.”
H.56 also includes a parental leave benefit that would enable at least one parent to stay home with an infant or newly adopted child for up to 12 weeks, making financial support for parental care. As outlined in the Senate legislation the weekly reimbursements would max out at $600 a week. Families at or below 600% of the federal poverty level — $180,000 for a family of four — would be eligible.
Later in the week, Senate Finance advanced the bill with one opposing vote- Sen. Randy Brock (R) Franklin District.
The combined annual cost of paid leave and childcare subsidies at about $190 million in 2025, which would be the first full year of operation. (Roughly 90% of that price tag would be attributable to childcare.)
H.66 An act relating to paid family and medical leave insurance (Passed House preliminary 99-32 and by voice vote on Friday)
The House, on the other hand, is advancing an up to 12-week family leave benefit, which would be one of the most generous in the country, if enacted. That bill, H.66, has projected startup costs of $117 million and ongoing costs of over $100 million annually, including the hiring of over 40 new employees for the Treasurer’s office. It is proposed to be funded by a new payroll tax on employers and employees.
As it is currently written, it will require $111M in 2024 of General Funds for startup and anticipates additional appropriations will be needed in 2025 and 2026. The actual amount is unknown but estimated at a total of over $300 million. One clarifying point is each parent can take 12weeks so a family will get 6 months paid leave.
View the Joint Fiscal Note here based on the draft as recommended by the House Committee on Ways and Means and proposed for amendment by the House Committee on Appropriations.
We’ve all likely heard the tune, ‘it’s raining men (hallelujah) and this week at the golden topped Statehouse, that tune could be changed to ‘it’s raining bills, upon bills, upon bills as the scramble ensued primarily through the Committees on Finance and Appropriations as, one by one, bills were brought up and voted on in rapid succession. Spring is certainly in the air but there is still a fog lingering from the mass amounts of bills floundering about with an uncertain future.
The bottle bill was aggressively tossed from committee to committee adding and removing language, just be added, or taken away again. The hymn was a little like this, You taketh away, I giveth, then I taketh it away again. This was all just within the House Committees, so we’ll see what kind of dance takes place when it gets punted over to the Senate.
Another interesting battle in the making is the Senate version of a childcare bill (S.54) which added a component of Paid Parental Leave for one parent for up to 12 weeks at a maximum weekly benefit of $600, utilizing the child tax credit and a much smaller payroll tax. The House version, much more generous and expansive conditions for which the leave is eligible, H.66 Paid Family Leave bill, providing up to 90% wage replacement and paid wholly through a payroll tax.
Governor Scott was less than impressed with the passing of H.66 on the floor and had a few choice words for the Legislature.
“It’s important to know, I support universal access to paid family and medical leave. That’s why my Administration put forward a voluntary program that is now being implemented.
“With record state surpluses and high inflation, it is counterintuitive to force a new broad-base tax on already overburdened Vermonters – especially when there is an alternative path to achieve our goal.
Rest assured, the boxing gloves will be coming out on this one as the showdown between House and Senate volleys for a stronghold with each believing their bill is the best step forward as the clock ticks forward toward a May adjournment.
The Vermont Dairy Producers Alliance was well represented in the State House this week. Clara Ayer of Fairmont Farms, spoke to the House Committee on Agriculture, Food Resiliency, and Forestry on Tourism Day. She spoke about their dairy business, the Farm Market they started during the pandemic, summer cow camps, and the addition of sheep, pigs, and beef cattle that are processed and sold through their Farm Market. Fairmont Farms has an array of activities held on their farm that brings new people into the state. Tourism Day at the State House was well represented by many different sectors.
S.115 - An act relating to miscellaneous agricultural subjects (
Jacob Bourdeau, owner of Nelson Dairies West, and Mark Magnan, Owner, Magnan Brothers Farm both testified in the Senate Committee on Finance on the Senate Natural Resources amendment to continue to charge a stormwater fee to farms. Under the law, and supported by both AAFM and Legislative Council, the fees now being charged by municipalities do not have the authority to charge for these fees. In Vermont, under the Required Agricultural Practices, agriculture cannot have a discharge of water and if discharges occur, they are regulated under the Required Agricultural Practices.
Presently, there are eight municipalities that currently charge farms to “manage” their stormwater. The Senate Finance Committee spent a good amount of time discussing the issue, ultimately removing the sections that would stop the double dipping from happening and added a report to be due back to the committees of jurisdiction.
Report:
On or before December 1, 2023, the Commissioner of Environmental Conservation, after consultation with the Secretary of Agriculture, Food and Markets and with representatives of municipal stormwater utilities or regulators, shall submit to the Senate Committees on Agriculture and on Natural Resources and Energy and the House Committees on Agriculture, Food Resiliency, and Forestry and on Environment and Energy a report regarding the regulation by municipal stormwater entities of property subject to the Required Agricultural Practices.
The report shall include:
- a recommendation regarding whether property subject to the Required Agricultural Practices should be subject to regulation by a municipal stormwater utility or other municipal stormwater entity.
- a recommendation regarding whether property subject to the Required Agricultural Practices should be required to pay an assessment or fee imposed by a municipal stormwater utility or other municipal stormwater entity.
- a recommendation whether property subject to the Required Agricultural Practices should receive an offset of any stormwater assessment or fee charged by a municipal stormwater utility or other municipal stormwater entity for the stormwater management practices that the property is required to conduct under State law.
- action if the report recommends that property subject to the required agricultural practice should be subject to a stormwater fee, rate, or assessment, a recommendation on whether owners of property subject to the Required Agricultural Practices should be required to pay stormwater fees, rates, or assessments for the period of suspension; and
- any other recommendation that the Commissioner determines is relevant to municipal stormwater regulation of properties subject to the Required Agricultural Practices, including any proposed legislative changes.
The Committee also included a “suspension of collection of the fee” by municipalities to farms until July 1, 2024.
The bill be up for action on the Senate floor on Wednesday.
The Senate Committee on Agriculture proposed a permit program this week to assist the organic dairy sector by providing financial assistance. The program is designed to prevent farm closures and to alleviate current financial conditions while allowing for potential long-term market changes in costs of production and milk prices.
Eligibility for the farm:
- Is currently operating as a dairy farm producing milk, either organic or conventional
- Shipped organic milk through the end of calendar year 2022 and provides documentation to the AAFM of the amount of milk shipped per hundredweight.
- Is in good standing with the Agency of Agriculture, Food and Markers (AAFM)
- Submits application for assistance to the AAFM not later than a date to be determined.
S.56 Child Care & Parental Leave
The Senate Health and Welfare Committee advanced S.56 on a 3-2 vote.
The scaled back version of S.56 creates a Child Care Financial Assistance Program. Assistance will be provided through subsidies funded through the childcare tax credit. The bill does not address the overwhelming need for additional child care options.
Sponsor of the bill, Sen Ruth Hardy (D)-Addison District said, “the bill increases both subsidies for families and reimbursement rates for providers, meaning that childcare would be less expensive for families and more financially viable for childcare centers and home-care programs.”
H.56 also includes a parental leave benefit that would enable at least one parent to stay home with an infant or newly adopted child for up to 12 weeks, making financial support for parental care. As outlined in the Senate legislation the weekly reimbursements would max out at $600 a week. Families at or below 600% of the federal poverty level — $180,000 for a family of four — would be eligible.
Later in the week, Senate Finance advanced the bill with one opposing vote- Sen. Randy Brock (R) Franklin District.
The combined annual cost of paid leave and childcare subsidies at about $190 million in 2025, which would be the first full year of operation. (Roughly 90% of that price tag would be attributable to childcare.)
H.66 An act relating to paid family and medical leave insurance (Passed House preliminary 99-32 and by voice vote on Friday)
The House, on the other hand, is advancing an up to 12-week family leave benefit, which would be one of the most generous in the country, if enacted. That bill, H.66, has projected startup costs of $117 million and ongoing costs of over $100 million annually, including the hiring of over 40 new employees for the Treasurer’s office. It is proposed to be funded by a new payroll tax on employers and employees.
As it is currently written, it will require $111M in 2024 of General Funds for startup and anticipates additional appropriations will be needed in 2025 and 2026. The actual amount is unknown but estimated at a total of over $300 million. One clarifying point is each parent can take 12weeks so a family will get 6 months paid leave.
View the Joint Fiscal Note here based on the draft as recommended by the House Committee on Ways and Means and proposed for amendment by the House Committee on Appropriations.
Week 10 of the Vermont Legislative Session – March 17, 2023
The second half of the legislative season is beginning to take shape, of course today many are hoping for a wee bit of some luck o’ the Irish to propel their priorities forward. The bills that pass this week, and if successful garnering funding, will round out the leadership’s legislative priorities for 2023. Exceptions will be made for a handful of smaller bills and the perennial move to study an issue and bring back recommendations for 2024.
The common theme of bills being passed, once again, is the mantra of including a study or report in bills regardless of the initial proposed intent. One might venture a guess that at some point, Vermont will have to construct a standalone facility whose sole purpose is to house and track studies and reports that flow out of our infamous legislature, session after session. It’s as though legislators believe everyone should go back to school and further their education by studying and reporting on topic after topic. This creates a convoluted situation coming back to the General Assembly year after year asking that a bill be passed or amended, based on findings of ‘a study’. It’s a vicious cycle. Unfortunately, more controversial bills like the bottle redemption bill should be dutifully analyzed before expanding the program, but that idea seemingly fell on deaf ears in the House Committees as it zig zagged through, and was voted out of Ways and Means favorably on Friday.
Over the next two weeks, the floor debates in both chambers will be long to move bills to the other chamber. As heard in one of the caucuses, legislators were instructed to ‘stay hydrated and bring’ snacks. Hmm… This will leave 6 weeks in the session for committees to respond to bills in an effort for them to pass this session. It is very likely that the General Assembly will push the session out by an additional two weeks, ending in late May.
This week under the Golden Dome there was a theme frantically taking bills off the wall and plunking them onto committee agendas with high hopes of making the crossover deadline. Some legislators were working hard to push bills through, some being successful, while others thought the bills needed more time and testimony. Failure to meet the crossover deadline pushes bills off until next year unless they get mysteriously tacked onto other bills of similar interests. Today’s deadline is for policy bills and the money bills have until next week to get their groove on and get voted out.
One priority from leadership announced at the beginning of the session was how to deal with child care and has been drafted into S.56. At the beginning, there were big aspirations with this. However, as it sits in Senate Health & Welfare, it has been watered down to not include the full-day pre-kindergarten, but added a trimmed down version of the parental leave benefit. Still lacking a fiscal note from JFO on Friday, the Committee voted the bill out 3-2.
Crossover week usually signifies a time to buckle down and focus on a narrowed number of bills in order to get out for the summer in a reasonable time. It’s also known for an increased consumption of consuming caffeine and junk food as stress levels percolate. It also leads to a heightened level of bickering amongst those scampering about in the statehouse. Hold on to your hats, the last half of the legislative session is sure to be filled with significant turbulence as leadership attempts to herd their flock and stay on course to achieve their top priorities.
The second half of the legislative season is beginning to take shape, of course today many are hoping for a wee bit of some luck o’ the Irish to propel their priorities forward. The bills that pass this week, and if successful garnering funding, will round out the leadership’s legislative priorities for 2023. Exceptions will be made for a handful of smaller bills and the perennial move to study an issue and bring back recommendations for 2024.
The common theme of bills being passed, once again, is the mantra of including a study or report in bills regardless of the initial proposed intent. One might venture a guess that at some point, Vermont will have to construct a standalone facility whose sole purpose is to house and track studies and reports that flow out of our infamous legislature, session after session. It’s as though legislators believe everyone should go back to school and further their education by studying and reporting on topic after topic. This creates a convoluted situation coming back to the General Assembly year after year asking that a bill be passed or amended, based on findings of ‘a study’. It’s a vicious cycle. Unfortunately, more controversial bills like the bottle redemption bill should be dutifully analyzed before expanding the program, but that idea seemingly fell on deaf ears in the House Committees as it zig zagged through, and was voted out of Ways and Means favorably on Friday.
Over the next two weeks, the floor debates in both chambers will be long to move bills to the other chamber. As heard in one of the caucuses, legislators were instructed to ‘stay hydrated and bring’ snacks. Hmm… This will leave 6 weeks in the session for committees to respond to bills in an effort for them to pass this session. It is very likely that the General Assembly will push the session out by an additional two weeks, ending in late May.
This week under the Golden Dome there was a theme frantically taking bills off the wall and plunking them onto committee agendas with high hopes of making the crossover deadline. Some legislators were working hard to push bills through, some being successful, while others thought the bills needed more time and testimony. Failure to meet the crossover deadline pushes bills off until next year unless they get mysteriously tacked onto other bills of similar interests. Today’s deadline is for policy bills and the money bills have until next week to get their groove on and get voted out.
One priority from leadership announced at the beginning of the session was how to deal with child care and has been drafted into S.56. At the beginning, there were big aspirations with this. However, as it sits in Senate Health & Welfare, it has been watered down to not include the full-day pre-kindergarten, but added a trimmed down version of the parental leave benefit. Still lacking a fiscal note from JFO on Friday, the Committee voted the bill out 3-2.
Crossover week usually signifies a time to buckle down and focus on a narrowed number of bills in order to get out for the summer in a reasonable time. It’s also known for an increased consumption of consuming caffeine and junk food as stress levels percolate. It also leads to a heightened level of bickering amongst those scampering about in the statehouse. Hold on to your hats, the last half of the legislative session is sure to be filled with significant turbulence as leadership attempts to herd their flock and stay on course to achieve their top priorities.
Week 9 of the Vermont Legislative Session – March 3, 2023
There will be no report next week as the Legislature is off for Town Meeting Break.
After a small Covid outbreak in the Senate last week, some committees had members attending via Zoom. The House Rules Committee met this week to try to change the Rule to revert to “pandemic style” legislating. The concern by many in the Statehouse is that Legislators will again become inaccessible to the public and meetings regarding important legislation. One House member stated this was a type of “Get out of jail free card, going far beyond what we’ve ever done with no clear reason – strange expansion”. Ultimately the resolution which authorizes limited remote committee voting through first Friday of the 2024 was adopted by the House.
The scurry for the exits from those ambling about under the Golden Dome reached a fever pitch Friday afternoon as everyone was heading home for the Town Meeting Break. Just in time for the next winter storm that is expected to blanket the entire state with a coating of the white stuff.
DR 23-0761 An act relating to miscellaneous Agriculture Subjects (House Bill Draft updated)
This bill proposes to make multiple miscellaneous amendments to agricultural statutes. The bill would establish criteria for the award of financial assistance to agricultural fairs and field days. The bill would repeal the requirements for livestock brands. The bill would amend multiple provisions related to the management of bees and apiaries. The bill also would make multiple amendments to the requirements for plant nurseries and plant pest detection.
House Committee on Agriculture, Food Resiliency, and Forestry received an overview of the latest draft from legislative counsel early in the week, but no additional hearings were held. It’s likely the Committee will get back to the bill when they return from the Town Meeting Break.
Right to Farm Finding a Path Forward (DR 23-0138)
The Senate Committee on Agriculture did not hold any hearings on the Right to Farm bill this week. It is the intention of the Committee Chair to move the bill after the Town Meeting break. In addition, the committee is trying to find a path forward that does not involve review by the Judiciary or Natural Resources Committee. The latest draft of the bill can be foundHERE.
S.5 The Affordable Heat Act (passes Senate 18-10)
The bill would establish the Clean Heat Standard aimed at reducing greenhouse gas emissions from the thermal (heating) sector. The Public Utility Commission (PUC) would administer the Clean Heat Standard with assistance from two advisory groups: the Technical Advisory Group and the Equity Advisory Group. The Department of Public Service would be a partner in providing assistance and in verifying and evaluating clean heat credit claims.
The Senate Natural Resources Committee requested $400,000 to implement the bill. The Senate Appropriations Committee took a much deeper dive. The Joint Fiscal Office (JFO) estimates the bill would have a $1.725 million fiscal impact on the General Fund for fiscal year 2024. The fiscal impact of the bill would likely be greater in future years because of increased investments over time. The bill contains two appropriations from the General Fund for fiscal year 2024:
The Appropriations Chair asked that the bill name be changed because “no one could read the bill and see anything affordable”. A change made after the bill left the Natural Resources Committee is the exemption for “off-road/dyed diesel” to be included in the potential taxation ($0.70/gal). The request was denied. However, with the bill seemly losing support Senator Bray accommodated the request when questioned by Appropriations.
The bill was debated on the Senate Floor for several hours in consideration of amendments that were offered to garner enough support to pass the bill. The main provision that was included was a “check-back”. This provision would require an affirmative vote by the General Assembly once the analysis and reporting are complete. Rulemaking for the program will not proceed until that vote occurs.
The bill will now head to the House for consideration after the Town Meeting week break.
H.66 Mandated Paid Family and Medical leave Insurance
H.66 establishes a State-operated paid family and medical leave program. The Committee on Ways & Means received the bill to consider the costs and potentially make tweaks to the bill like decreasing the wage replacement from 100% to 90% while still providing 12 weeks of family & medical leave. This bill will be finalized on March 14th.
There will be no report next week as the Legislature is off for Town Meeting Break.
After a small Covid outbreak in the Senate last week, some committees had members attending via Zoom. The House Rules Committee met this week to try to change the Rule to revert to “pandemic style” legislating. The concern by many in the Statehouse is that Legislators will again become inaccessible to the public and meetings regarding important legislation. One House member stated this was a type of “Get out of jail free card, going far beyond what we’ve ever done with no clear reason – strange expansion”. Ultimately the resolution which authorizes limited remote committee voting through first Friday of the 2024 was adopted by the House.
The scurry for the exits from those ambling about under the Golden Dome reached a fever pitch Friday afternoon as everyone was heading home for the Town Meeting Break. Just in time for the next winter storm that is expected to blanket the entire state with a coating of the white stuff.
This bill proposes to make multiple miscellaneous amendments to agricultural statutes. The bill would establish criteria for the award of financial assistance to agricultural fairs and field days. The bill would repeal the requirements for livestock brands. The bill would amend multiple provisions related to the management of bees and apiaries. The bill also would make multiple amendments to the requirements for plant nurseries and plant pest detection.
House Committee on Agriculture, Food Resiliency, and Forestry received an overview of the latest draft from legislative counsel early in the week, but no additional hearings were held. It’s likely the Committee will get back to the bill when they return from the Town Meeting Break.
Right to Farm Finding a Path Forward (DR 23-0138)
The Senate Committee on Agriculture did not hold any hearings on the Right to Farm bill this week. It is the intention of the Committee Chair to move the bill after the Town Meeting break. In addition, the committee is trying to find a path forward that does not involve review by the Judiciary or Natural Resources Committee. The latest draft of the bill can be found
S.5 The Affordable Heat Act (passes Senate 18-10)
The bill would establish the Clean Heat Standard aimed at reducing greenhouse gas emissions from the thermal (heating) sector. The Public Utility Commission (PUC) would administer the Clean Heat Standard with assistance from two advisory groups: the Technical Advisory Group and the Equity Advisory Group. The Department of Public Service would be a partner in providing assistance and in verifying and evaluating clean heat credit claims.
The Senate Natural Resources Committee requested $400,000 to implement the bill. The Senate Appropriations Committee took a much deeper dive. The Joint Fiscal Office (JFO) estimates the bill would have a $1.725 million fiscal impact on the General Fund for fiscal year 2024. The fiscal impact of the bill would likely be greater in future years because of increased investments over time. The bill contains two appropriations from the General Fund for fiscal year 2024:
- $825,000 for the Public Utility Commission to pay for three new full-time employees (FTEs), consultants, per diems for members of the two advisory groups, marketing and public outreach, and translation services; and
- $900,000 for the Department of Public Service to pay for three new FTEs, consultants, and funding to complete the potential study and economic modeling. This appropriation reflects a recent request from the Department of Public Service.
The Appropriations Chair asked that the bill name be changed because “no one could read the bill and see anything affordable”. A change made after the bill left the Natural Resources Committee is the exemption for “off-road/dyed diesel” to be included in the potential taxation ($0.70/gal). The request was denied. However, with the bill seemly losing support Senator Bray accommodated the request when questioned by Appropriations.
The bill was debated on the Senate Floor for several hours in consideration of amendments that were offered to garner enough support to pass the bill. The main provision that was included was a “check-back”. This provision would require an affirmative vote by the General Assembly once the analysis and reporting are complete. Rulemaking for the program will not proceed until that vote occurs.
The bill will now head to the House for consideration after the Town Meeting week break.
H.66 Mandated Paid Family and Medical leave Insurance
H.66 establishes a State-operated paid family and medical leave program. The Committee on Ways & Means received the bill to consider the costs and potentially make tweaks to the bill like decreasing the wage replacement from 100% to 90% while still providing 12 weeks of family & medical leave. This bill will be finalized on March 14th.
Week 8 of the Vermont Legislative Session – February 24, 2023
Chug Chug Chug… Staring down at the “crossover” train coming down the tracks, there is a lot in motion and at the same time, there are a lot of lonely bills that are stuck on committee walls with very little hope of seeing any action. The Senate passed a bill that has been dubbed the “Unaffordable Heat Act”. The bill, S.5, aimed at reducing the reliance on fossil fuel for heating is encumbering business sectors that use diesel to operate their equipment and will fall under the heat program. When pointed out, some Senators didn’t know that was included and others have stated that it was intentional. These businesses rely on diesel to operate their businesses which equates to over 9.5 million gallons per year and adds an estimated tax of $0.70 gal. So, it appears that farmers, contractors, ski areas, and like sectors will be chipping in over $6.6 million in tax collection towards the proposed clean heat program.
Another piece of legislation that is chugging down the tracks is language intent on legalizing sports wagering in Vermont and authorizing the Vermont Department of Liquor and Lottery (DLL) to operate and regulate sports wagering. This bill is expected to capture more than $10 million in revenue which today is not available. At this point, there is no clear direction as to what this revenue will be spent on.
We’ve likely all heard the adage, ‘the struggle is real’. That point hit home this week in the Senate Transportation Committee as they plodded their way through the dynamics of implementing a Mileage Based User Fee Program Proposal. They are searching for a fair way to capture revenue lost by fewer gallons of gas being bought at the pump as the push to increase the purchase of electric vehicles charges forward. The gas tax is used to maintain our roads and we all know our quaint Vermont travel lanes leave much to be desired, particularly in the springtime. To make up for the loss of the gas tax, one might think assessing a miles traveled fee would make sense, right? But what about the person, say someone in sales, who lives eerily close to another state? They juice up their fancy EV overnight, down a cup or two of coffee bright and early in the morning, trudge out to their car, and head straight across the border driving all day long on a neighboring state’s roads. I’d venture a guess they wouldn’t think it was fair that they were being charged the same as someone traveling about on Vermont’s roads all day long. How about a flat fee? Again, one size will most definitely does not fit all. Vermonters do not all drive the same amount day in and day out. Then there is the idea of a GPS tracker to locate where you travel and assess a fee based on that – oh boy, nope. Vermonters tend to like their privacy. The Committee has their work cut out for them as they continue being educated and search for possibilities to increase the future of EV’s and at the same time, maintain a budget for road maintenance that is fair to all. One thing for sure, we appear destined to be hopping on the electric slide before long.
With competing priorities, it was reported that the education fund, fulfilled by the property tax and sales tax, is flush with funds. The fund has more than $100 million dollars, which begs the question - how will the revenue be spent? There are a slew of opportunities vying for that cash. Universal school meals, childcare for 4-year-olds, likely startup funding for the Clean Heat Act, and Mandated Paid Family Leave.
Governor Phil Scott weighed in at the Statehouse this week requesting that Legislators capitalize on the federal infusion of matching funds for the transportation sector which would bring provide over $350M directly to shovel ready projects.
“In order to get the highest return for Vermont and take full advantage of recently passed federal programs, it’s critical that we ensure we have the state matching funds required,” said Governor Scott. “Our economists predict the significant revenue windfalls that resulted from federal pandemic aid to start tapering off, so it’s imperative we reserve this funding now, guaranteeing we have access to critical funds that will support hundreds of communities and benefit hundreds of thousands of Vermonters.”
S.5 Affordable Heat Act
The bill, riddled with concern, will be debated on the Senate floor next week. The goal of the bill is to put the onus on fossil fuel heating companies and require investments in weatherization. It will also encourage the installation of heat pumps and wood heating systems and continue to look for other cleaner solutions.
The bill however pulls "off-road" diesel into the reporting of fuels which will ultimately be assessed/tax for each gallon. The sectors using these fuels are construction, agriculture, recreation, and manufacturing. These sectors utilize over $9 million gallons per year to operate their businesses. The tax is estimated to raise over $6 million for "off-road" diesel alone. With simple reporting of each fuel separately, “off-road” diesel can easily be pulled out and not be included in a heating bill.
DB 23-0138 An act relating to protection from nuisance suits for agricultural activities (Right to Farm)
The Senate Agriculture Committee has been pressing on to finalize a bill that would strengthen Vermont’s “Right to Farm” law. The Committee has been stalled by one member that believes the bill is putting the neighbors of the farm at a disadvantage. The new draft language would require that at least one mediation meeting be held to try to resolve the issue before going to court. VDPA believes this strengthens the bill and requires the involved parties to try to work out a resolution, strengthen neighbor relationships, and provide education of agricultural activities.
Amanda St. Pierre, VDPA Executive Director, and VDPA members Bill Rowell and Kylie Chittenden, met with the committee again on Thursday to review and stressed the importance of this bill. Work on the bill will continue next week.
H.66 Mandated Paid Family and Medical leave Insurance
The Ways and Means Committee received the bill to consider the costs and potentially make tweaks to the bill.
Under H.66, employers and their employees would be required to pay equal shares of the employees’ contributions to the insurance program. The contributions would be levied by a 0.55% tax deducted from wages in the same way that income tax is withheld. Self-employed individuals may elect to contribute to the program by paying in estimated installments, in the same way that self-employed individuals pay income tax on non-wage income. Employers may opt out of the program if providing benefits through a private plan that are equal to or more generous than the State insurance program.
The State Treasurers Office testified that they could do a stand-alone program. They would not need anything in terms of technology in year one and suggested going forward with an RFP. The program would need 3 FTE positions; Director, Legal Counsel, and an outreach advocate, estimated at $600,000. The second year would require an IT vendor and funding; Colorado spent $22 million on their contract. At least three more positions would be needed as the program starts to ramp up and start collecting the payroll tax. Additional positions will be needed in year 3 to manage claims & claim denials, general compliance, and fraud. The total program, once fully up and running, would need 45-50 positions and require an estimated $7 million for operational expenses annually. It is also estimated that an additional $2-3 million will be needed for on-going technology costs.
The Ways & Means Committee will consider these start-up costs as they continue to work on the bill.
Bills Tracked/Monitored
DB 230161 - Non-Homestead Bill
DB 230760 - Misc. Agricultural Bill (Senate)
DB 230761 - Misc. Agricultural Bill (House)
H 6 - An Act Relating To Development And Subdivisions Above 1,500 Feet
Read First Time and referred to the Committee on Environment and Energy (01/05/23)
This bill proposes to extend Act 250 jurisdiction to development within 100 feet of a stream above 1,500 feet and any subdivisions above the elevation of 2,000 feet.
H 30 - An Act Relating To The Regulation Of Wetlands
Read First Time and referred to the Committee on Environment and Energy (01/10/23)
This bill proposes to establish as State policy that wetlands shall be regulated and managed by the State to produce a net gain of wetlands acreage. The bill would require the Secretary of Natural Resources to amend the Vermont Wetlands Rules to incorporate the net gain policy. In addition, the bill would require the Vermont Significant Wetlands Inventory maps to be updated and revised annually.
H 66 - An Act Relating To Paid Family And Medical Leave Insurance
NEW STATUS: Referred to Committee on Ways and Means per Rule 35(a) (02/17/23)
This bill proposes to create the Family and Medical Leave Insurance Program within the Office of the Treasurer, to amend the Parental and Family Leave Act, and to provide job- protected leave from employment for reasons related to domestic and sexual violence.
H 79 - An Act Relating To The Vermont Fair Repair Act
Read First Time and referred to the Committee on Commerce and Economic Development (01/20/23)
This bill proposes to make available from original manufacturers to consumers and independent repair providers the information, schematics, diagnostics, and repair manuals necessary to repair certain equipment.
H 81 - An Act Relating To Fair Repair Of Agricultural Equipment
Read First Time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/20/23)
This bill proposes to ensure the fair repair of agricultural equipment.
H 84 - An Act Relating To The Permitting Of Indirect Discharges
Read First Time and referred to the Committee on Environment and Energy (01/24/23)
This bill proposes to clarify how indirect discharges of wastewater in the State are permitted, including compliance with the Vermont Water Quality Standards and the Agency of Natural Resources' pending Antidegradation Implementation Rule.
H 91 - An Act Relating To Medical Leave For A Serious Injury
Read First Time and referred to the Committee on General and Housing (01/24/23)
This bill proposes to provide that an eligible employee may take leave under Vermont's Parental and Family Leave Act to recover from the employee's own serious injury or to care for a family member with a serious injury.
H 101 - An Act Relating To Transportation Initiatives To Reduce Carbon Emissions
Read First Time and referred to the Committee on Transportation (01/25/23)
This bill proposes to: (1) require the Agency of Transportation to present a written plan with recommendations on how to fund State efforts to reduce greenhouse gas emissions and increase access to higher-efficiency, lower-cost transportation options; (2) create the Legislative Regional Transportation Climate Initiative Working Group to study regional climate initiatives such as the Transportation and Climate Initiative Program; (3) implement a self-funded feebate program based on pleasure car efficiency (4) require the Agency of Transportation to assess motor vehicle fuel use in Vermont in order to identify the most effective actions to transition operators to plug-in electric vehicles; (5) appropriate money for the Mobility and Transportation Innovation Grant Program, Bicycle and Pedestrian Program, and eBike Incentive Program; (6) require the Agency of Transportation to provide a written recommendation on a dedicated funding source for the local match required of public transit providers in Vermont; (7) make modifications to the Incentive Program for New PEVs and Replace Your Ride Program and the annual reporting requirements for the State's motor vehicle incentive programs; (8) amend the State's transportation planning policy related to greenhouse gas emissions and infrastructure resilience; (9) update the State's complete streets policy and require the Agency of Transportation to provide municipalities with training on complete streets; (10) require the Agency of Transportation to update the Vermont State Standards; (11) require the Agency of Transportation to work with Amtrak, and other entities, on certain modifications to Amtrak service in Vermont; and (12) appropriate money to maintain zero-fare service on all urban public transit routes.
H 111 - An Act Relating To Workforce Housing
Read First Time and referred to the Committee on General and Housing (01/26/23)
This bill proposes to make multiple changes related to housing investment and regulatory reform. It would amend the Vermont Rental Housing Improvement Program to expand eligible uses of funds and provide additional funding, amend the Missing Middle-Income Homeownership Development Pilot Program to expand geographic distribution of funds and provide additional funding, and create the Middle-Income Rental Housing Revolving Loan Program and a revolving loan fund to provide subsidized loans for rental housing developments that serve middle-income households. The bill would also amend the Municipal Bylaw Modernization Grant Program to exempt municipalities with populations of less than 1, persons from the grant requirement to implement the complete streets principals. It would appropriate funds to the Municipal Planning Grants with a portion of the grants reserved for municipalities that do not yet have a municipal plan or do not yet have zoning bylaws. The bill proposes to hire Housing Resource Navigators at the Vermont Association of Planning and Development Agencies for use by the regional planning commissions. It would exempt housing projects in downtowns and village centers with zoning from needing an Act 250 permit. It would remove the ability of 10 residents or property owners to appeal municipal zoning decisions. It would allow towns to register with Agency of Natural Resources (ANR) to issue authorizations for wastewater permits, in lieu of the ANR permit. It would not require mitigation of primary agricultural soils under Act 250 for an alternative or community wastewater system that will serve development within a designated area.
H 124 - An Act Relating To Promoting Rural Economic Development Capacity
Read First Time and referred to the Committee on Commerce and Economic Development (01/27/23)
This bill proposes to provide additional funding and support to rural communities to ensure effective and equitable access to economic development resources.
H 126 - An Act Relating To Community Resilience And Biodiversity Protection
Read First Time and referred to the Committee on Environment and Energy (01/31/23)
This bill proposes to establish State goals of conserving 30 percent of the land of the State by 2030 and 50 percent by 2050.
H 128 - An Act Relating To Removing Regulatory Barriers For Working Lands Businesses
Read First Time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/31/23)
This bill proposes to reduce the amount of mitigation wood products manufacturers need to do for primary agricultural soils. It proposes to exempt small forest product processors from needing an Act 250 permit. It proposes to make changes to the definition of accessory on-farm business and exempt those businesses from needing an Act 250 permit. It would require electric generation facilities with a capacity greater than 500kW to get an Act 250 permit.
H 139 - An Act Relating To Requiring Employment Breaks
Read First Time and referred to the Committee on General and Housing (01/31/23)
This bill proposes to require employers to provide employees with breaks for meals and rest.
H 145 - An Act Relating To Fiscal Year 2023 Budget Adjustments
NEW STATUS: Committee of Conference appointed: Senators Kitchel, Perchlik, and Westman (02/24/23)
This bill proposes to make adjustments in the fiscal year 2023 omnibus appropriations act.
H 205 - An Act Relating To Establishing The Small Farm Diversification And Transition Program
Read First Time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (02/08/23)
This bill proposes to establish the Small Farm Diversification and Transition Program at the Agency of Agriculture, Food and Markets to provide small farms in Vermont with State financial assistance to diversify production on a farm or to transition from one form of farming to another.
H 219 - An Act Relating To Miscellaneous Employee And Collective Bargaining Rights
Read First Time and referred to the Committee on General and Housing (02/09/23)
This bill proposes to do the following: (1) provide agricultural and domestic workers with the right to collectively bargain; (2) add agricultural and domestic workers to the employees who are entitled to receive the minimum wage and overtime pay; (3) require employers of agricultural and domestic workers to provide them with workers' compensation coverage; (4) permit agricultural and domestic workers to receive unemployment insurance if they become unemployed; (5) establish a good cause standard for termination of employment; (6) require employers to provide severance pay to terminated employees; (7) permit employees or representative organizations to bring an enforcement action on behalf of the State for violations of the good cause termination requirement; (8) protect employees from adverse employment actions related to the employee's exercise of First Amendment rights or refusal to attend meetings or listen to or view communications whose primary purpose is to communicate the employer's opinion regarding a political or religious subject; and (9) permit collective bargaining representatives to be certified through voluntary recognition by an employer or sign-up by a majority of bargaining unit employees.
H 274 - An Act Relating To Agriculture And Nutrition Education
Read First Time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (02/16/23)
This bill proposes to require the Agency of Education, in conjunction with the Agency of Agriculture, Food and Markets, to develop a statewide agriculture and nutrition education curriculum and the State Board of Education and supervisory unions to ensure agriculture and nutrition education is included in education quality standards and union- wide curriculum. This bill also proposes to amend the minimum course of study to include agriculture and nutrition education as a part of the natural sciences field.
H 331 - An Act Relating To The Structure Of The Natural Resources Board
Read First Time and referred to the Committee on Environment and Energy (02/22/23)
This bill proposes to change the name of the Natural Resources Board to the Environmental Review Board and give it the authority to hear appeals from the District Commissions and district coordinators in addition to the Board's current duties. The Environmental Division of the Superior Court will continue to hear appeals from other environmental permits, enforcement, and local zoning appeals. Members of the Environmental Review Board would be appointed the same way as Superior Court judges, with the Judicial Nominating Board reviewing the candidates. After the members of the Board are appointed, the Board would adopt rules of procedure for appeals.
H 367 - An Act Relating To Promoting Economic Development, Administrative Capacity, And Vitality In Rural Communities
Read First Time and referred to the Committee on Commerce and Economic Development (02/24/23)
This bill proposes to adopt miscellaneous provisions to support rural economic development, administrative capacity, and vitality.
H 368 - An Act Relating To Supporting New Farmers, Veteran Farmers, And Farmers Who Are Disadvantaged
Read First Time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (02/24/23)
This bill proposes to amend the powers and duties of the Vermont Working Lands Enterprise Board to require the Board to provide financial and technical assistance for new farmers, veteran farmers, and disadvantaged farmers in order to increase opportunities for more persons to enter farming in the State.
S 5 - An Act Relating To Affordably Meeting The Mandated Greenhouse Gas Reductions For The Thermal Sector Through Electrification, Decarbonization, Efficiency, And Weatherization Measures
NEW STATUS: Referred to Committee on Appropriations per Senate Rule 31 (02/21/23)
This bill proposes to establish the Clean Heat Standard to reduce Vermont's greenhouse gas emissions from the thermal sector. The Clean Heat Standard shall be administered by the Public Utility Commission with assistance from the Clean Heat Standard Technical Advisory Group and the Equity Advisory Group.
S 24 - An Act Relating To The Clean Fuels Program
Read 1st time & referred to Committee on Natural Resources and Energy (01/19/23)
This bill proposes to direct the Commissioner of Environmental Conservation to adopt rules to implement the Clean Fuels Program.
S 46 - An Act Relating To The Vermont Fair Repair Act
Read 1st time & referred to Committee on Economic Development, Housing and General Affairs (01/27/23)
This bill proposes to make available from original manufacturers to consumers and independent repair providers the information, schematics, diagnostics, and repair manuals necessary to repair certain equipment.
S 62 - An Act Relating To Paid Family And Medical Leave Insurance
Read 1st time & referred to Committee on Economic Development, Housing and General Affairs (02/07/23)
This bill proposes to create the Family and Medical Leave Insurance Program within the Office of the Treasurer, to amend the Parental and Family Leave Act, and to provide job- protected leave from employment for reasons related to domestic and sexual violence.
Cheri L. L'Esperance
William Shouldice & Associates LLC
802.839.0006
Chug Chug Chug… Staring down at the “crossover” train coming down the tracks, there is a lot in motion and at the same time, there are a lot of lonely bills that are stuck on committee walls with very little hope of seeing any action. The Senate passed a bill that has been dubbed the “Unaffordable Heat Act”. The bill, S.5, aimed at reducing the reliance on fossil fuel for heating is encumbering business sectors that use diesel to operate their equipment and will fall under the heat program. When pointed out, some Senators didn’t know that was included and others have stated that it was intentional. These businesses rely on diesel to operate their businesses which equates to over 9.5 million gallons per year and adds an estimated tax of $0.70 gal. So, it appears that farmers, contractors, ski areas, and like sectors will be chipping in over $6.6 million in tax collection towards the proposed clean heat program.
Another piece of legislation that is chugging down the tracks is language intent on legalizing sports wagering in Vermont and authorizing the Vermont Department of Liquor and Lottery (DLL) to operate and regulate sports wagering. This bill is expected to capture more than $10 million in revenue which today is not available. At this point, there is no clear direction as to what this revenue will be spent on.
We’ve likely all heard the adage, ‘the struggle is real’. That point hit home this week in the Senate Transportation Committee as they plodded their way through the dynamics of implementing a Mileage Based User Fee Program Proposal. They are searching for a fair way to capture revenue lost by fewer gallons of gas being bought at the pump as the push to increase the purchase of electric vehicles charges forward. The gas tax is used to maintain our roads and we all know our quaint Vermont travel lanes leave much to be desired, particularly in the springtime. To make up for the loss of the gas tax, one might think assessing a miles traveled fee would make sense, right? But what about the person, say someone in sales, who lives eerily close to another state? They juice up their fancy EV overnight, down a cup or two of coffee bright and early in the morning, trudge out to their car, and head straight across the border driving all day long on a neighboring state’s roads. I’d venture a guess they wouldn’t think it was fair that they were being charged the same as someone traveling about on Vermont’s roads all day long. How about a flat fee? Again, one size will most definitely does not fit all. Vermonters do not all drive the same amount day in and day out. Then there is the idea of a GPS tracker to locate where you travel and assess a fee based on that – oh boy, nope. Vermonters tend to like their privacy. The Committee has their work cut out for them as they continue being educated and search for possibilities to increase the future of EV’s and at the same time, maintain a budget for road maintenance that is fair to all. One thing for sure, we appear destined to be hopping on the electric slide before long.
With competing priorities, it was reported that the education fund, fulfilled by the property tax and sales tax, is flush with funds. The fund has more than $100 million dollars, which begs the question - how will the revenue be spent? There are a slew of opportunities vying for that cash. Universal school meals, childcare for 4-year-olds, likely startup funding for the Clean Heat Act, and Mandated Paid Family Leave.
Governor Phil Scott weighed in at the Statehouse this week requesting that Legislators capitalize on the federal infusion of matching funds for the transportation sector which would bring provide over $350M directly to shovel ready projects.
“In order to get the highest return for Vermont and take full advantage of recently passed federal programs, it’s critical that we ensure we have the state matching funds required,” said Governor Scott. “Our economists predict the significant revenue windfalls that resulted from federal pandemic aid to start tapering off, so it’s imperative we reserve this funding now, guaranteeing we have access to critical funds that will support hundreds of communities and benefit hundreds of thousands of Vermonters.”
S.5 Affordable Heat Act
The bill, riddled with concern, will be debated on the Senate floor next week. The goal of the bill is to put the onus on fossil fuel heating companies and require investments in weatherization. It will also encourage the installation of heat pumps and wood heating systems and continue to look for other cleaner solutions.
The bill however pulls "off-road" diesel into the reporting of fuels which will ultimately be assessed/tax for each gallon. The sectors using these fuels are construction, agriculture, recreation, and manufacturing. These sectors utilize over $9 million gallons per year to operate their businesses. The tax is estimated to raise over $6 million for "off-road" diesel alone. With simple reporting of each fuel separately, “off-road” diesel can easily be pulled out and not be included in a heating bill.
The Senate Agriculture Committee has been pressing on to finalize a bill that would strengthen Vermont’s “Right to Farm” law. The Committee has been stalled by one member that believes the bill is putting the neighbors of the farm at a disadvantage. The new draft language would require that at least one mediation meeting be held to try to resolve the issue before going to court. VDPA believes this strengthens the bill and requires the involved parties to try to work out a resolution, strengthen neighbor relationships, and provide education of agricultural activities.
Amanda St. Pierre, VDPA Executive Director, and VDPA members Bill Rowell and Kylie Chittenden, met with the committee again on Thursday to review and stressed the importance of this bill. Work on the bill will continue next week.
H.66 Mandated Paid Family and Medical leave Insurance
The Ways and Means Committee received the bill to consider the costs and potentially make tweaks to the bill.
Under H.66, employers and their employees would be required to pay equal shares of the employees’ contributions to the insurance program. The contributions would be levied by a 0.55% tax deducted from wages in the same way that income tax is withheld. Self-employed individuals may elect to contribute to the program by paying in estimated installments, in the same way that self-employed individuals pay income tax on non-wage income. Employers may opt out of the program if providing benefits through a private plan that are equal to or more generous than the State insurance program.
The State Treasurers Office testified that they could do a stand-alone program. They would not need anything in terms of technology in year one and suggested going forward with an RFP. The program would need 3 FTE positions; Director, Legal Counsel, and an outreach advocate, estimated at $600,000. The second year would require an IT vendor and funding; Colorado spent $22 million on their contract. At least three more positions would be needed as the program starts to ramp up and start collecting the payroll tax. Additional positions will be needed in year 3 to manage claims & claim denials, general compliance, and fraud. The total program, once fully up and running, would need 45-50 positions and require an estimated $7 million for operational expenses annually. It is also estimated that an additional $2-3 million will be needed for on-going technology costs.
The Ways & Means Committee will consider these start-up costs as they continue to work on the bill.
Bills Tracked/Monitored
DB 230161 - Non-Homestead Bill
DB 230760 - Misc. Agricultural Bill (Senate)
DB 230761 - Misc. Agricultural Bill (House)
H 6 - An Act Relating To Development And Subdivisions Above 1,500 Feet
Read First Time and referred to the Committee on Environment and Energy (01/05/23)
This bill proposes to extend Act 250 jurisdiction to development within 100 feet of a stream above 1,500 feet and any subdivisions above the elevation of 2,000 feet.
H 30 - An Act Relating To The Regulation Of Wetlands
Read First Time and referred to the Committee on Environment and Energy (01/10/23)
This bill proposes to establish as State policy that wetlands shall be regulated and managed by the State to produce a net gain of wetlands acreage. The bill would require the Secretary of Natural Resources to amend the Vermont Wetlands Rules to incorporate the net gain policy. In addition, the bill would require the Vermont Significant Wetlands Inventory maps to be updated and revised annually.
H 66 - An Act Relating To Paid Family And Medical Leave Insurance
NEW STATUS: Referred to Committee on Ways and Means per Rule 35(a) (02/17/23)
This bill proposes to create the Family and Medical Leave Insurance Program within the Office of the Treasurer, to amend the Parental and Family Leave Act, and to provide job- protected leave from employment for reasons related to domestic and sexual violence.
H 79 - An Act Relating To The Vermont Fair Repair Act
Read First Time and referred to the Committee on Commerce and Economic Development (01/20/23)
This bill proposes to make available from original manufacturers to consumers and independent repair providers the information, schematics, diagnostics, and repair manuals necessary to repair certain equipment.
H 81 - An Act Relating To Fair Repair Of Agricultural Equipment
Read First Time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/20/23)
This bill proposes to ensure the fair repair of agricultural equipment.
H 84 - An Act Relating To The Permitting Of Indirect Discharges
Read First Time and referred to the Committee on Environment and Energy (01/24/23)
This bill proposes to clarify how indirect discharges of wastewater in the State are permitted, including compliance with the Vermont Water Quality Standards and the Agency of Natural Resources' pending Antidegradation Implementation Rule.
H 91 - An Act Relating To Medical Leave For A Serious Injury
Read First Time and referred to the Committee on General and Housing (01/24/23)
This bill proposes to provide that an eligible employee may take leave under Vermont's Parental and Family Leave Act to recover from the employee's own serious injury or to care for a family member with a serious injury.
H 101 - An Act Relating To Transportation Initiatives To Reduce Carbon Emissions
Read First Time and referred to the Committee on Transportation (01/25/23)
This bill proposes to: (1) require the Agency of Transportation to present a written plan with recommendations on how to fund State efforts to reduce greenhouse gas emissions and increase access to higher-efficiency, lower-cost transportation options; (2) create the Legislative Regional Transportation Climate Initiative Working Group to study regional climate initiatives such as the Transportation and Climate Initiative Program; (3) implement a self-funded feebate program based on pleasure car efficiency (4) require the Agency of Transportation to assess motor vehicle fuel use in Vermont in order to identify the most effective actions to transition operators to plug-in electric vehicles; (5) appropriate money for the Mobility and Transportation Innovation Grant Program, Bicycle and Pedestrian Program, and eBike Incentive Program; (6) require the Agency of Transportation to provide a written recommendation on a dedicated funding source for the local match required of public transit providers in Vermont; (7) make modifications to the Incentive Program for New PEVs and Replace Your Ride Program and the annual reporting requirements for the State's motor vehicle incentive programs; (8) amend the State's transportation planning policy related to greenhouse gas emissions and infrastructure resilience; (9) update the State's complete streets policy and require the Agency of Transportation to provide municipalities with training on complete streets; (10) require the Agency of Transportation to update the Vermont State Standards; (11) require the Agency of Transportation to work with Amtrak, and other entities, on certain modifications to Amtrak service in Vermont; and (12) appropriate money to maintain zero-fare service on all urban public transit routes.
H 111 - An Act Relating To Workforce Housing
Read First Time and referred to the Committee on General and Housing (01/26/23)
This bill proposes to make multiple changes related to housing investment and regulatory reform. It would amend the Vermont Rental Housing Improvement Program to expand eligible uses of funds and provide additional funding, amend the Missing Middle-Income Homeownership Development Pilot Program to expand geographic distribution of funds and provide additional funding, and create the Middle-Income Rental Housing Revolving Loan Program and a revolving loan fund to provide subsidized loans for rental housing developments that serve middle-income households. The bill would also amend the Municipal Bylaw Modernization Grant Program to exempt municipalities with populations of less than 1, persons from the grant requirement to implement the complete streets principals. It would appropriate funds to the Municipal Planning Grants with a portion of the grants reserved for municipalities that do not yet have a municipal plan or do not yet have zoning bylaws. The bill proposes to hire Housing Resource Navigators at the Vermont Association of Planning and Development Agencies for use by the regional planning commissions. It would exempt housing projects in downtowns and village centers with zoning from needing an Act 250 permit. It would remove the ability of 10 residents or property owners to appeal municipal zoning decisions. It would allow towns to register with Agency of Natural Resources (ANR) to issue authorizations for wastewater permits, in lieu of the ANR permit. It would not require mitigation of primary agricultural soils under Act 250 for an alternative or community wastewater system that will serve development within a designated area.
H 124 - An Act Relating To Promoting Rural Economic Development Capacity
Read First Time and referred to the Committee on Commerce and Economic Development (01/27/23)
This bill proposes to provide additional funding and support to rural communities to ensure effective and equitable access to economic development resources.
H 126 - An Act Relating To Community Resilience And Biodiversity Protection
Read First Time and referred to the Committee on Environment and Energy (01/31/23)
This bill proposes to establish State goals of conserving 30 percent of the land of the State by 2030 and 50 percent by 2050.
H 128 - An Act Relating To Removing Regulatory Barriers For Working Lands Businesses
Read First Time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/31/23)
This bill proposes to reduce the amount of mitigation wood products manufacturers need to do for primary agricultural soils. It proposes to exempt small forest product processors from needing an Act 250 permit. It proposes to make changes to the definition of accessory on-farm business and exempt those businesses from needing an Act 250 permit. It would require electric generation facilities with a capacity greater than 500kW to get an Act 250 permit.
H 139 - An Act Relating To Requiring Employment Breaks
Read First Time and referred to the Committee on General and Housing (01/31/23)
This bill proposes to require employers to provide employees with breaks for meals and rest.
H 145 - An Act Relating To Fiscal Year 2023 Budget Adjustments
NEW STATUS: Committee of Conference appointed: Senators Kitchel, Perchlik, and Westman (02/24/23)
This bill proposes to make adjustments in the fiscal year 2023 omnibus appropriations act.
H 205 - An Act Relating To Establishing The Small Farm Diversification And Transition Program
Read First Time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (02/08/23)
This bill proposes to establish the Small Farm Diversification and Transition Program at the Agency of Agriculture, Food and Markets to provide small farms in Vermont with State financial assistance to diversify production on a farm or to transition from one form of farming to another.
H 219 - An Act Relating To Miscellaneous Employee And Collective Bargaining Rights
Read First Time and referred to the Committee on General and Housing (02/09/23)
This bill proposes to do the following: (1) provide agricultural and domestic workers with the right to collectively bargain; (2) add agricultural and domestic workers to the employees who are entitled to receive the minimum wage and overtime pay; (3) require employers of agricultural and domestic workers to provide them with workers' compensation coverage; (4) permit agricultural and domestic workers to receive unemployment insurance if they become unemployed; (5) establish a good cause standard for termination of employment; (6) require employers to provide severance pay to terminated employees; (7) permit employees or representative organizations to bring an enforcement action on behalf of the State for violations of the good cause termination requirement; (8) protect employees from adverse employment actions related to the employee's exercise of First Amendment rights or refusal to attend meetings or listen to or view communications whose primary purpose is to communicate the employer's opinion regarding a political or religious subject; and (9) permit collective bargaining representatives to be certified through voluntary recognition by an employer or sign-up by a majority of bargaining unit employees.
H 274 - An Act Relating To Agriculture And Nutrition Education
Read First Time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (02/16/23)
This bill proposes to require the Agency of Education, in conjunction with the Agency of Agriculture, Food and Markets, to develop a statewide agriculture and nutrition education curriculum and the State Board of Education and supervisory unions to ensure agriculture and nutrition education is included in education quality standards and union- wide curriculum. This bill also proposes to amend the minimum course of study to include agriculture and nutrition education as a part of the natural sciences field.
H 331 - An Act Relating To The Structure Of The Natural Resources Board
Read First Time and referred to the Committee on Environment and Energy (02/22/23)
This bill proposes to change the name of the Natural Resources Board to the Environmental Review Board and give it the authority to hear appeals from the District Commissions and district coordinators in addition to the Board's current duties. The Environmental Division of the Superior Court will continue to hear appeals from other environmental permits, enforcement, and local zoning appeals. Members of the Environmental Review Board would be appointed the same way as Superior Court judges, with the Judicial Nominating Board reviewing the candidates. After the members of the Board are appointed, the Board would adopt rules of procedure for appeals.
H 367 - An Act Relating To Promoting Economic Development, Administrative Capacity, And Vitality In Rural Communities
Read First Time and referred to the Committee on Commerce and Economic Development (02/24/23)
This bill proposes to adopt miscellaneous provisions to support rural economic development, administrative capacity, and vitality.
H 368 - An Act Relating To Supporting New Farmers, Veteran Farmers, And Farmers Who Are Disadvantaged
Read First Time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (02/24/23)
This bill proposes to amend the powers and duties of the Vermont Working Lands Enterprise Board to require the Board to provide financial and technical assistance for new farmers, veteran farmers, and disadvantaged farmers in order to increase opportunities for more persons to enter farming in the State.
S 5 - An Act Relating To Affordably Meeting The Mandated Greenhouse Gas Reductions For The Thermal Sector Through Electrification, Decarbonization, Efficiency, And Weatherization Measures
NEW STATUS: Referred to Committee on Appropriations per Senate Rule 31 (02/21/23)
This bill proposes to establish the Clean Heat Standard to reduce Vermont's greenhouse gas emissions from the thermal sector. The Clean Heat Standard shall be administered by the Public Utility Commission with assistance from the Clean Heat Standard Technical Advisory Group and the Equity Advisory Group.
S 24 - An Act Relating To The Clean Fuels Program
Read 1st time & referred to Committee on Natural Resources and Energy (01/19/23)
This bill proposes to direct the Commissioner of Environmental Conservation to adopt rules to implement the Clean Fuels Program.
S 46 - An Act Relating To The Vermont Fair Repair Act
Read 1st time & referred to Committee on Economic Development, Housing and General Affairs (01/27/23)
This bill proposes to make available from original manufacturers to consumers and independent repair providers the information, schematics, diagnostics, and repair manuals necessary to repair certain equipment.
S 62 - An Act Relating To Paid Family And Medical Leave Insurance
Read 1st time & referred to Committee on Economic Development, Housing and General Affairs (02/07/23)
This bill proposes to create the Family and Medical Leave Insurance Program within the Office of the Treasurer, to amend the Parental and Family Leave Act, and to provide job- protected leave from employment for reasons related to domestic and sexual violence.
Cheri L. L'Esperance
William Shouldice & Associates LLC
802.839.0006
Week 7 of the Vermont Legislative Session – February 17, 2023
As property taxes remain high and a barrier to being a homeowner, the Legislature is looking at a proposal to create new categories of properties classified as non-homestead for purposes of the statewide education property tax. If approved, the new non-homestead property categories will be affordable housing, commercial, industrial, open land and structures, rental housing, seasonal dwellings, secondary, nonseasonal dwellings, and utilities. While the committee is not clear on the intention expanding the categories could capture just “Airbnb” properties or higher value properties and add a higher rate of tax. It is clear the Legislature wants to find money to pay for universal school meals and pre-K funding for 4-year-olds. This will be an issue to watch throughout the session.
Caucuses met to provide an overview and timing of bills as they move out of committee. With only two weeks left until the Town Meeting break, caucus leaders highlighted the upcoming deadline of February 21st for getting new bills in the hopper to be introduced. The legislature sure loves exemptions, so in that vein, short form bills are exempt from that looming date and can be introduced willy-nilly at any point during the session. The Senate Appropriations Chair explained that much of the funding within the budget adjustment bill will either be removed, or funding will be decreased. For example, the bill removes the $9.2 million for organic dairy, reduces the $50 million to the Vermont Housing and Conversation Board to $22 million, reducing the funding for homeless. These and other provisions will be considered in the FY 24 budget.
With bills moving out of committee the pressure will be on the “money” committees to find funding or amend the bill. This will create a scuttle of bills and floor debates in the next couple of weeks.
DB 23-0138 An act relating to protection from nuisance suits for agricultural activities (Right to Farm)
The Senate Agriculture Committee is finalizing their work on a bill that would strengthen Vermont’s “Right to Farm” law. The bill would strengthen the protections for nuisance suits and trespassing as they pertain to agricultural activities. The bill would require that at least one mediation meeting be done to try to resolve the issue before going to court. VDPA believes this strengthens the bill and requires the involved parties to try to work out a resolution, strengthen neighbor relationships and education of agricultural activities.
The newest draft adds a definition for “generally accepted agricultural practices” which better outlines why a “neighbor” could not bring a suit to the farm. The committee also seemed open to adjusting using the word “reasonable” to “generally accepted”, however, this part of the language is in the purpose section, which is not binding in a court of law. The bill also adds a mediation requirement before a nuisance suit can be heard in court.
Amanda St. Pierre, VDPA Executive Director, and VDPA members Bill Rowell, Quinn Nelson, and Kylie Chittenden, met with the committee on Friday to review and stress the importance of this bill. The committee will hear from more famers next week and hope to move the bill out of committee.
Legislature to set Land Conservation Goals (H.126)
Legislation is being discussed that would set a target of conserving 30% of our lands by 2030, 50% by 2050, and establish a planning process for how to get there. The bill does not mandate that landowners participate. It is voluntary for any that would like to participate in the new program for permanent protection from conversion of natural land cover for the majority of the area and that is managed for the primary goal of sustaining species or habitats.
H. 126 - An act relating to community resilience and biodiversity protection, has been opposed by foresters. They requested the Legislature focus on the essential needs of the forest products industry for a healthy, strong and vibrant so we can continue to keep our forests healthy, strong and vibrant. Regional Planners have asked to have a seat at the table when trying to reach the goals so that Vermont can be strategic in both conservation and at the same time, focus on housing.
A similar bill was passed last year and vetoed by Governor Scott.
H.66 An act relating to paid family and medical leave insurance, passes out of Committee 9-3
The House General & Housing Committee voted out a bill largely as introduced. Under the bill, employees would be covered:
Affordable Heat Act (S.5) on the move, voted 5-0 out of Committee
The Senate Natural Resources Committee has pushed a bill out of committee that is intended to help Vermonters reduce their dependence on fossil fuels by requiring importers of fossil heating fuels to reduce pollution over time. To do so, fuel dealers will have to provide cleaner heat options, primarily for lower- and middle-income Vermonters. The bill contemplates that by switching to heat pumps, advanced wood heat, and encouraging more weatherization. The bill aims to reduce costs over time for Vermonters.
The bill requires reporting of all fuels like dyed diesel and propane for reporting. The “obligated” parties should be those that are using the fuel for heating. However, the Committee intentionally wants to make transportation uses like farm tractors (dyed diesel) to be included in the heat standard. With this, the consumption of diesel used will be impossible to decrease as construction trucks, ski areas, and agriculture all depend on dyed diesel as a function of their business activities. Until electric or alternative fuel equipment and trucks are available and proven to work effectively in the cold climate, it’s possible this sector will see an increase in their fuel cost.
A similar bill was vetoed by Governor Scott last session because it would increase heating costs for Vermonters.
Bills Tracked/Monitored
DB 230138 - Right to Farm Bill - Senate
DB 230161 - Non-Homestead Bill
DB 230760 - Misc. Agricultural Bill (Senate)
DB 230761 - Misc. Agricultural Bill (House)
H 6 - An Act Relating To Development And Subdivisions Above 1,500 Feet
Read First Time and referred to the Committee on Environment and Energy (01/05/23)
This bill proposes to extend Act 250 jurisdiction to development within 100 feet of a stream above 1,500 feet and any subdivisions above the elevation of 2,000 feet.
H 30 - An Act Relating To The Regulation Of Wetlands
Read First Time and referred to the Committee on Environment and Energy (01/10/23)
This bill proposes to establish as State policy that wetlands shall be regulated and managed by the State to produce a net gain of wetlands acreage. The bill would require the Secretary of Natural Resources to amend the Vermont Wetlands Rules to incorporate the net gain policy. In addition, the bill would require the Vermont Significant Wetlands Inventory maps to be updated and revised annually.
H 66 - An Act Relating To Paid Family And Medical Leave Insurance
NEW STATUS: Referred to Committee on Ways and Means per Rule 35(a) (02/17/23)
This bill proposes to create the Family and Medical Leave Insurance Program within the Office of the Treasurer, to amend the Parental and Family Leave Act, and to provide job- protected leave from employment for reasons related to domestic and sexual violence.
H 67 - An Act Relating To Household Products Containing Hazardous Substances
NEW STATUS: Referred to Committee on Ways and Means per Rule 35(a) (02/17/23)
This bill would require that manufacturers of household products containing a hazardous substance participate in a stewardship organization and implement a plan to collect household products containing a hazardous substance free of charge to the public.
H 79 - An Act Relating To The Vermont Fair Repair Act
Read First Time and referred to the Committee on Commerce and Economic Development (01/20/23)
This bill proposes to make available from original manufacturers to consumers and independent repair providers the information, schematics, diagnostics, and repair manuals necessary to repair certain equipment.
H 81 - An Act Relating To Fair Repair Of Agricultural Equipment
Read First Time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/20/23)
This bill proposes to ensure the fair repair of agricultural equipment.
H 84 - An Act Relating To The Permitting Of Indirect Discharges
Read First Time and referred to the Committee on Environment and Energy (01/24/23)
This bill proposes to clarify how indirect discharges of wastewater in the State are permitted, including compliance with the Vermont Water Quality Standards and the Agency of Natural Resources' pending Antidegradation Implementation Rule.
H 91 - An Act Relating To Medical Leave For A Serious Injury
Read First Time and referred to the Committee on General and Housing (01/24/23)
This bill proposes to provide that an eligible employee may take leave under Vermont's Parental and Family Leave Act to recover from the employee's own serious injury or to care for a family member with a serious injury.
H 101 - An Act Relating To Transportation Initiatives To Reduce Carbon Emissions
Read First Time and referred to the Committee on Transportation (01/25/23)
This bill proposes to: (1) require the Agency of Transportation to present a written plan with recommendations on how to fund State efforts to reduce greenhouse gas emissions and increase access to higher-efficiency, lower-cost transportation options; (2) create the Legislative Regional Transportation Climate Initiative Working Group to study regional climate initiatives such as the Transportation and Climate Initiative Program; (3) implement a self-funded feebate program based on pleasure car efficiency; (4) require the Agency of Transportation to assess motor vehicle fuel use in Vermont in order to identify the most effective actions to transition operators to plug-in electric vehicles; (5) appropriate money for the Mobility and Transportation Innovation Grant Program, Bicycle and Pedestrian Program, and eBike Incentive Program; (6) require the Agency of Transportation to provide a written recommendation on a dedicated funding source for the local match required of public transit providers in Vermont; (7) make modifications to the Incentive Program for New PEVs and Replace Your Ride Program and the annual reporting requirements for the State's motor vehicle incentive programs; (8) amend the State's transportation planning policy related to greenhouse gas emissions and infrastructure resilience; (9) update the State's complete streets policy and require the Agency of Transportation to provide municipalities with training on complete streets; (10) require the Agency of Transportation to update the Vermont State Standards; (11) require the Agency of Transportation to work with Amtrak, and other entities, on certain modifications to Amtrak service in Vermont; and (12) appropriate money to maintain zero-fare service on all urban public transit routes.
H 111 - An Act Relating To Workforce Housing
Read First Time and referred to the Committee on General and Housing (01/26/23)
This bill proposes to make multiple changes related to housing investment and regulatory reform. It would amend the Vermont Rental Housing Improvement Program to expand eligible uses of funds and provide additional funding, amend the Missing Middle-Income Homeownership Development Pilot Program to expand geographic distribution of funds and provide additional funding, and create the Middle-Income Rental Housing Revolving Loan Program and a revolving loan fund to provide subsidized loans for rental housing developments that serve middle-income households. The bill would also amend the Municipal Bylaw Modernization Grant Program to exempt municipalities with populations of less than 1, persons from the grant requirement to implement the complete streets principals. It would appropriate funds to the Municipal Planning Grants with a portion of the grants reserved for municipalities that do not yet have a municipal plan or do not yet have zoning bylaws. The bill proposes to hire Housing Resource Navigators at the Vermont Association of Planning and Development Agencies for use by the regional planning commissions. It would exempt housing projects in downtowns and village centers with zoning from needing an Act 250 permit. It would remove the ability of 10 residents or property owners to appeal municipal zoning decisions. It would allow towns to register with Agency of Natural Resources (ANR) to issue authorizations for wastewater permits, in lieu of the ANR permit. It would not require mitigation of primary agricultural soils under Act 250 for an alternative or community wastewater system that will serve development within a designated area.
H 124 - An Act Relating To Promoting Rural Economic Development Capacity
Read First Time and referred to the Committee on Commerce and Economic Development (01/27/23)
This bill proposes to provide additional funding and support to rural communities to ensure effective and equitable access to economic development resources.
H 126 - An Act Relating To Community Resilience And Biodiversity Protection
Read First Time and referred to the Committee on Environment and Energy (01/31/23)
This bill proposes to establish State goals of conserving 30 percent of the land of the State by 2030 and 50 percent by 2050.
H 128 - An Act Relating To Removing Regulatory Barriers For Working Lands Businesses
Read First Time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/31/23)
This bill proposes to reduce the amount of mitigation wood products manufacturers need to do for primary agricultural soils. It proposes to exempt small forest product processors from needing an Act 250 permit. It proposes to make changes to the definition of accessory on-farm business and exempt those businesses from needing an Act 250 permit. It would require electric generation facilities with a capacity greater than 500kW to get an Act 250 permit.
H 139 - An Act Relating To Requiring Employment Breaks
Read First Time and referred to the Committee on General and Housing (01/31/23)
This bill proposes to require employers to provide employees with breaks for meals and rest.
H 145 - An Act Relating To Fiscal Year 2023 Budget Adjustments
NEW STATUS: Favorable report with proposal of amendment by Committee on Appropriations (02/17/23)
This bill proposes to make adjustments in the fiscal year 2023 omnibus appropriations act.
H 191 - An Act Relating To Trapping
Read First Time and referred to the Committee on Environment and Energy (02/07/23)
This bill proposes to prohibit the trapping of fur-bearing animals unless the person trapping is authorized to trap in order to defend property or agricultural crops or the trapping is conducted by a licensed nuisance wildlife control operator. The bill would establish a nuisance wildlife trapping license.
H 205 - An Act Relating To Establishing The Small Farm Diversification And Transition Program
Read First Time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (02/08/23)
This bill proposes to establish the Small Farm Diversification and Transition Program at the Agency of Agriculture, Food and Markets to provide small farms in Vermont with State financial assistance to diversify production on a farm or to transition from one form of farming to another.
H 219 - An Act Relating To Miscellaneous Employee And Collective Bargaining Rights
Read First Time and referred to the Committee on General and Housing (02/09/23)
This bill proposes to do the following: (1) provide agricultural and domestic workers with the right to collectively bargain; (2) add agricultural and domestic workers to the employees who are entitled to receive the minimum wage and overtime pay; (3) require employers of agricultural and domestic workers to provide them with workers' compensation coverage; (4) permit agricultural and domestic workers to receive unemployment insurance if they become unemployed; (5) establish a good cause standard for termination of employment; (6) require employers to provide severance pay to terminated employees; (7) permit employees or representative organizations to bring an enforcement action on behalf of the State for violations of the good cause termination requirement; (8) protect employees from adverse employment actions related to the employee's exercise of First Amendment rights or refusal to attend meetings or listen to or view communications whose primary purpose is to communicate the employer's opinion regarding a political or religious subject; and (9) permit collective bargaining representatives to be certified through voluntary recognition by an employer or sign-up by a majority of bargaining unit employees.
H 274 - An Act Relating To Agriculture And Nutrition Education
Read First Time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (02/16/23)
This bill proposes to require the Agency of Education, in conjunction with the Agency of Agriculture, Food and Markets, to develop a statewide agriculture and nutrition education curriculum and the State Board of Education and supervisory unions to ensure agriculture and nutrition education is included in education quality standards and union- wide curriculum. This bill also proposes to amend the minimum course of study to include agriculture and nutrition education as a part of the natural sciences field.
S 5 - An Act Relating To Affordably Meeting The Mandated Greenhouse Gas Reductions For The Thermal Sector Through Electrification, Decarbonization, Efficiency, And Weatherization Measures
Read 1st time & referred to Committee on Natural Resources and Energy (01/06/23) Voted out of Committee 5-0-0 on 2/17/23
This bill proposes to establish the Clean Heat Standard to reduce Vermont's greenhouse gas emissions from the thermal sector. The Clean Heat Standard shall be administered by the Public Utility Commission with assistance from the Clean Heat Standard Technical Advisory Group and the Equity Advisory Group.
S 24 - An Act Relating To The Clean Fuels Program
Read 1st time & referred to Committee on Natural Resources and Energy (01/19/23)
This bill proposes to direct the Commissioner of Environmental Conservation to adopt rules to implement the Clean Fuels Program.
S 46 - An Act Relating To The Vermont Fair Repair Act
Read 1st time & referred to Committee on Economic Development, Housing and General Affairs (01/27/23)
This bill proposes to make available from original manufacturers to consumers and independent repair providers the information, schematics, diagnostics, and repair manuals necessary to repair certain equipment.
S 62 - An Act Relating To Paid Family And Medical Leave Insurance
Read 1st time & referred to Committee on Economic Development, Housing and General Affairs (02/07/23)
This bill proposes to create the Family and Medical Leave Insurance Program within the Office of the Treasurer, to amend the Parental and Family Leave Act, and to provide job- protected leave from employment for reasons related to domestic and sexual violence.
Cheri L. L'Esperance
William Shouldice & Associates LLC
802.839.0006
As property taxes remain high and a barrier to being a homeowner, the Legislature is looking at a proposal to create new categories of properties classified as non-homestead for purposes of the statewide education property tax. If approved, the new non-homestead property categories will be affordable housing, commercial, industrial, open land and structures, rental housing, seasonal dwellings, secondary, nonseasonal dwellings, and utilities. While the committee is not clear on the intention expanding the categories could capture just “Airbnb” properties or higher value properties and add a higher rate of tax. It is clear the Legislature wants to find money to pay for universal school meals and pre-K funding for 4-year-olds. This will be an issue to watch throughout the session.
Caucuses met to provide an overview and timing of bills as they move out of committee. With only two weeks left until the Town Meeting break, caucus leaders highlighted the upcoming deadline of February 21st for getting new bills in the hopper to be introduced. The legislature sure loves exemptions, so in that vein, short form bills are exempt from that looming date and can be introduced willy-nilly at any point during the session. The Senate Appropriations Chair explained that much of the funding within the budget adjustment bill will either be removed, or funding will be decreased. For example, the bill removes the $9.2 million for organic dairy, reduces the $50 million to the Vermont Housing and Conversation Board to $22 million, reducing the funding for homeless. These and other provisions will be considered in the FY 24 budget.
With bills moving out of committee the pressure will be on the “money” committees to find funding or amend the bill. This will create a scuttle of bills and floor debates in the next couple of weeks.
The Senate Agriculture Committee is finalizing their work on a bill that would strengthen Vermont’s “Right to Farm” law. The bill would strengthen the protections for nuisance suits and trespassing as they pertain to agricultural activities. The bill would require that at least one mediation meeting be done to try to resolve the issue before going to court. VDPA believes this strengthens the bill and requires the involved parties to try to work out a resolution, strengthen neighbor relationships and education of agricultural activities.
The newest draft adds a definition for “generally accepted agricultural practices” which better outlines why a “neighbor” could not bring a suit to the farm. The committee also seemed open to adjusting using the word “reasonable” to “generally accepted”, however, this part of the language is in the purpose section, which is not binding in a court of law. The bill also adds a mediation requirement before a nuisance suit can be heard in court.
Amanda St. Pierre, VDPA Executive Director, and VDPA members Bill Rowell, Quinn Nelson, and Kylie Chittenden, met with the committee on Friday to review and stress the importance of this bill. The committee will hear from more famers next week and hope to move the bill out of committee.
Legislature to set Land Conservation Goals (H.126)
Legislation is being discussed that would set a target of conserving 30% of our lands by 2030, 50% by 2050, and establish a planning process for how to get there. The bill does not mandate that landowners participate. It is voluntary for any that would like to participate in the new program for permanent protection from conversion of natural land cover for the majority of the area and that is managed for the primary goal of sustaining species or habitats.
H. 126 - An act relating to community resilience and biodiversity protection, has been opposed by foresters. They requested the Legislature focus on the essential needs of the forest products industry for a healthy, strong and vibrant so we can continue to keep our forests healthy, strong and vibrant. Regional Planners have asked to have a seat at the table when trying to reach the goals so that Vermont can be strategic in both conservation and at the same time, focus on housing.
A similar bill was passed last year and vetoed by Governor Scott.
H.66 An act relating to paid family and medical leave insurance, passes out of Committee 9-3
The House General & Housing Committee voted out a bill largely as introduced. Under the bill, employees would be covered:
- For their own health issue, maternity/paternity, family care, safety, and bereavement.
- Covered for up to 12 weeks (2 weeks can be used for bereavement).
- Provides wage replacement, capped at the Vermont average weekly wage, currently $1,135.
- Requires a 5-day waiting period.
- Allows a Private Plan exemption provided the plan is approved prior to October 15, 2025, provided that the plan is deemed “adequate”.
Affordable Heat Act (S.5) on the move, voted 5-0 out of Committee
The Senate Natural Resources Committee has pushed a bill out of committee that is intended to help Vermonters reduce their dependence on fossil fuels by requiring importers of fossil heating fuels to reduce pollution over time. To do so, fuel dealers will have to provide cleaner heat options, primarily for lower- and middle-income Vermonters. The bill contemplates that by switching to heat pumps, advanced wood heat, and encouraging more weatherization. The bill aims to reduce costs over time for Vermonters.
The bill requires reporting of all fuels like dyed diesel and propane for reporting. The “obligated” parties should be those that are using the fuel for heating. However, the Committee intentionally wants to make transportation uses like farm tractors (dyed diesel) to be included in the heat standard. With this, the consumption of diesel used will be impossible to decrease as construction trucks, ski areas, and agriculture all depend on dyed diesel as a function of their business activities. Until electric or alternative fuel equipment and trucks are available and proven to work effectively in the cold climate, it’s possible this sector will see an increase in their fuel cost.
A similar bill was vetoed by Governor Scott last session because it would increase heating costs for Vermonters.
Bills Tracked/Monitored
DB 230161 - Non-Homestead Bill
DB 230760 - Misc. Agricultural Bill (Senate)
DB 230761 - Misc. Agricultural Bill (House)
H 6 - An Act Relating To Development And Subdivisions Above 1,500 Feet
Read First Time and referred to the Committee on Environment and Energy (01/05/23)
This bill proposes to extend Act 250 jurisdiction to development within 100 feet of a stream above 1,500 feet and any subdivisions above the elevation of 2,000 feet.
H 30 - An Act Relating To The Regulation Of Wetlands
Read First Time and referred to the Committee on Environment and Energy (01/10/23)
This bill proposes to establish as State policy that wetlands shall be regulated and managed by the State to produce a net gain of wetlands acreage. The bill would require the Secretary of Natural Resources to amend the Vermont Wetlands Rules to incorporate the net gain policy. In addition, the bill would require the Vermont Significant Wetlands Inventory maps to be updated and revised annually.
H 66 - An Act Relating To Paid Family And Medical Leave Insurance
NEW STATUS: Referred to Committee on Ways and Means per Rule 35(a) (02/17/23)
This bill proposes to create the Family and Medical Leave Insurance Program within the Office of the Treasurer, to amend the Parental and Family Leave Act, and to provide job- protected leave from employment for reasons related to domestic and sexual violence.
H 67 - An Act Relating To Household Products Containing Hazardous Substances
NEW STATUS: Referred to Committee on Ways and Means per Rule 35(a) (02/17/23)
This bill would require that manufacturers of household products containing a hazardous substance participate in a stewardship organization and implement a plan to collect household products containing a hazardous substance free of charge to the public.
H 79 - An Act Relating To The Vermont Fair Repair Act
Read First Time and referred to the Committee on Commerce and Economic Development (01/20/23)
This bill proposes to make available from original manufacturers to consumers and independent repair providers the information, schematics, diagnostics, and repair manuals necessary to repair certain equipment.
H 81 - An Act Relating To Fair Repair Of Agricultural Equipment
Read First Time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/20/23)
This bill proposes to ensure the fair repair of agricultural equipment.
H 84 - An Act Relating To The Permitting Of Indirect Discharges
Read First Time and referred to the Committee on Environment and Energy (01/24/23)
This bill proposes to clarify how indirect discharges of wastewater in the State are permitted, including compliance with the Vermont Water Quality Standards and the Agency of Natural Resources' pending Antidegradation Implementation Rule.
H 91 - An Act Relating To Medical Leave For A Serious Injury
Read First Time and referred to the Committee on General and Housing (01/24/23)
This bill proposes to provide that an eligible employee may take leave under Vermont's Parental and Family Leave Act to recover from the employee's own serious injury or to care for a family member with a serious injury.
H 101 - An Act Relating To Transportation Initiatives To Reduce Carbon Emissions
Read First Time and referred to the Committee on Transportation (01/25/23)
This bill proposes to: (1) require the Agency of Transportation to present a written plan with recommendations on how to fund State efforts to reduce greenhouse gas emissions and increase access to higher-efficiency, lower-cost transportation options; (2) create the Legislative Regional Transportation Climate Initiative Working Group to study regional climate initiatives such as the Transportation and Climate Initiative Program; (3) implement a self-funded feebate program based on pleasure car efficiency; (4) require the Agency of Transportation to assess motor vehicle fuel use in Vermont in order to identify the most effective actions to transition operators to plug-in electric vehicles; (5) appropriate money for the Mobility and Transportation Innovation Grant Program, Bicycle and Pedestrian Program, and eBike Incentive Program; (6) require the Agency of Transportation to provide a written recommendation on a dedicated funding source for the local match required of public transit providers in Vermont; (7) make modifications to the Incentive Program for New PEVs and Replace Your Ride Program and the annual reporting requirements for the State's motor vehicle incentive programs; (8) amend the State's transportation planning policy related to greenhouse gas emissions and infrastructure resilience; (9) update the State's complete streets policy and require the Agency of Transportation to provide municipalities with training on complete streets; (10) require the Agency of Transportation to update the Vermont State Standards; (11) require the Agency of Transportation to work with Amtrak, and other entities, on certain modifications to Amtrak service in Vermont; and (12) appropriate money to maintain zero-fare service on all urban public transit routes.
H 111 - An Act Relating To Workforce Housing
Read First Time and referred to the Committee on General and Housing (01/26/23)
This bill proposes to make multiple changes related to housing investment and regulatory reform. It would amend the Vermont Rental Housing Improvement Program to expand eligible uses of funds and provide additional funding, amend the Missing Middle-Income Homeownership Development Pilot Program to expand geographic distribution of funds and provide additional funding, and create the Middle-Income Rental Housing Revolving Loan Program and a revolving loan fund to provide subsidized loans for rental housing developments that serve middle-income households. The bill would also amend the Municipal Bylaw Modernization Grant Program to exempt municipalities with populations of less than 1, persons from the grant requirement to implement the complete streets principals. It would appropriate funds to the Municipal Planning Grants with a portion of the grants reserved for municipalities that do not yet have a municipal plan or do not yet have zoning bylaws. The bill proposes to hire Housing Resource Navigators at the Vermont Association of Planning and Development Agencies for use by the regional planning commissions. It would exempt housing projects in downtowns and village centers with zoning from needing an Act 250 permit. It would remove the ability of 10 residents or property owners to appeal municipal zoning decisions. It would allow towns to register with Agency of Natural Resources (ANR) to issue authorizations for wastewater permits, in lieu of the ANR permit. It would not require mitigation of primary agricultural soils under Act 250 for an alternative or community wastewater system that will serve development within a designated area.
H 124 - An Act Relating To Promoting Rural Economic Development Capacity
Read First Time and referred to the Committee on Commerce and Economic Development (01/27/23)
This bill proposes to provide additional funding and support to rural communities to ensure effective and equitable access to economic development resources.
H 126 - An Act Relating To Community Resilience And Biodiversity Protection
Read First Time and referred to the Committee on Environment and Energy (01/31/23)
This bill proposes to establish State goals of conserving 30 percent of the land of the State by 2030 and 50 percent by 2050.
H 128 - An Act Relating To Removing Regulatory Barriers For Working Lands Businesses
Read First Time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/31/23)
This bill proposes to reduce the amount of mitigation wood products manufacturers need to do for primary agricultural soils. It proposes to exempt small forest product processors from needing an Act 250 permit. It proposes to make changes to the definition of accessory on-farm business and exempt those businesses from needing an Act 250 permit. It would require electric generation facilities with a capacity greater than 500kW to get an Act 250 permit.
H 139 - An Act Relating To Requiring Employment Breaks
Read First Time and referred to the Committee on General and Housing (01/31/23)
This bill proposes to require employers to provide employees with breaks for meals and rest.
H 145 - An Act Relating To Fiscal Year 2023 Budget Adjustments
NEW STATUS: Favorable report with proposal of amendment by Committee on Appropriations (02/17/23)
This bill proposes to make adjustments in the fiscal year 2023 omnibus appropriations act.
H 191 - An Act Relating To Trapping
Read First Time and referred to the Committee on Environment and Energy (02/07/23)
This bill proposes to prohibit the trapping of fur-bearing animals unless the person trapping is authorized to trap in order to defend property or agricultural crops or the trapping is conducted by a licensed nuisance wildlife control operator. The bill would establish a nuisance wildlife trapping license.
H 205 - An Act Relating To Establishing The Small Farm Diversification And Transition Program
Read First Time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (02/08/23)
This bill proposes to establish the Small Farm Diversification and Transition Program at the Agency of Agriculture, Food and Markets to provide small farms in Vermont with State financial assistance to diversify production on a farm or to transition from one form of farming to another.
H 219 - An Act Relating To Miscellaneous Employee And Collective Bargaining Rights
Read First Time and referred to the Committee on General and Housing (02/09/23)
This bill proposes to do the following: (1) provide agricultural and domestic workers with the right to collectively bargain; (2) add agricultural and domestic workers to the employees who are entitled to receive the minimum wage and overtime pay; (3) require employers of agricultural and domestic workers to provide them with workers' compensation coverage; (4) permit agricultural and domestic workers to receive unemployment insurance if they become unemployed; (5) establish a good cause standard for termination of employment; (6) require employers to provide severance pay to terminated employees; (7) permit employees or representative organizations to bring an enforcement action on behalf of the State for violations of the good cause termination requirement; (8) protect employees from adverse employment actions related to the employee's exercise of First Amendment rights or refusal to attend meetings or listen to or view communications whose primary purpose is to communicate the employer's opinion regarding a political or religious subject; and (9) permit collective bargaining representatives to be certified through voluntary recognition by an employer or sign-up by a majority of bargaining unit employees.
H 274 - An Act Relating To Agriculture And Nutrition Education
Read First Time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (02/16/23)
This bill proposes to require the Agency of Education, in conjunction with the Agency of Agriculture, Food and Markets, to develop a statewide agriculture and nutrition education curriculum and the State Board of Education and supervisory unions to ensure agriculture and nutrition education is included in education quality standards and union- wide curriculum. This bill also proposes to amend the minimum course of study to include agriculture and nutrition education as a part of the natural sciences field.
S 5 - An Act Relating To Affordably Meeting The Mandated Greenhouse Gas Reductions For The Thermal Sector Through Electrification, Decarbonization, Efficiency, And Weatherization Measures
Read 1st time & referred to Committee on Natural Resources and Energy (01/06/23) Voted out of Committee 5-0-0 on 2/17/23
This bill proposes to establish the Clean Heat Standard to reduce Vermont's greenhouse gas emissions from the thermal sector. The Clean Heat Standard shall be administered by the Public Utility Commission with assistance from the Clean Heat Standard Technical Advisory Group and the Equity Advisory Group.
S 24 - An Act Relating To The Clean Fuels Program
Read 1st time & referred to Committee on Natural Resources and Energy (01/19/23)
This bill proposes to direct the Commissioner of Environmental Conservation to adopt rules to implement the Clean Fuels Program.
S 46 - An Act Relating To The Vermont Fair Repair Act
Read 1st time & referred to Committee on Economic Development, Housing and General Affairs (01/27/23)
This bill proposes to make available from original manufacturers to consumers and independent repair providers the information, schematics, diagnostics, and repair manuals necessary to repair certain equipment.
S 62 - An Act Relating To Paid Family And Medical Leave Insurance
Read 1st time & referred to Committee on Economic Development, Housing and General Affairs (02/07/23)
This bill proposes to create the Family and Medical Leave Insurance Program within the Office of the Treasurer, to amend the Parental and Family Leave Act, and to provide job- protected leave from employment for reasons related to domestic and sexual violence.
Cheri L. L'Esperance
William Shouldice & Associates LLC
802.839.0006
Week 6 of the Vermont Legislative Session – February 10, 2023
Legislators were all smiles after surviving the arctic blast that blanketed Vermont over the weekend. As is standard procedure, on Tuesday they all gathered in their political party corners for a weekly caucus. Nothing truly earth shattering was discussed at any of them, but several committee chairs hopped up to the microphone to promote bills that they were working on. What was clear is the frigid temps from the weekend did not dampen the mood to push ahead on the democratically controlled chambers’ priorities. Senate Natural Resources is driving ahead like gang busters with continual hearings on S.5, which is a refurbished version of the failed Clean Heat Standard from last year. Senate Finance proudly punted a two pager bill, S.54, which extends the separation of the individual and small group markets in Vermont Health Connect through plan year 2025, out of committee and Chair Ann Cummings said their next task is to figure out how to pay for school meals, child care, and paid family leave, amongst others. A bit of a sigh escaped after that acknowledgement.
Other bills that saw a flurry of activity this week had to do with Ranked Choice Voting, DMV & Transportation bills, paid family, and let us not forget the infamous expansion of the bottle bill. Batten down the hatches, it is looking like the coming weeks will bring on some Vermont style turbulence under our beloved Golden Dome.
DB 23-0760 An act relating to miscellaneous agricultural subjects (Senate bill)
Currently under consideration in the Senate Agricultural Committee, the bill proposes to make multiple miscellaneous amendments to agricultural statutes. The bill would clarify that the Secretary of Agriculture, Food and Markets has the authority to quarantine an animal when the animal is suspected of having been exposed to biological or chemical agents that may adulterate the animal’s milk, processed dairy product, or other product. The bill would modernize the requirements for the sale and marketing of eggs in the State. The bill would increase the Agency of Agriculture, Food and Markets’ default, maximum penalty amounts in enforcement actions. In addition, the bill clarifies the authority of municipalities to adopt stormwater management controls applicable to farms.
The bill proposes to:
Sec.1, pg.1: quarantining of domestic animals or animal products from an illness and would affect the animals milk product or is necessary to protect the public welfare.
Sec.4, pg.3: how the Secretary of AAFM will provide written notice of violations.
Sec.5, pg.4: Outlines how the Secretary of AAFM can pursue penalties for violations, one or more must be followed:
Sec 7, pg. 7: provides financial assistance to purchase or use innovative equipment that will aid in the reduction of surface runoff of agricultural wastes to State waters, improve water quality of State waters, reduce odors from manure application, separate phosphorus from manure, mitigate greenhouse gases, and reduce costs to farmers.
Sec.8, pg. 8: allows any municipality to adopt bylaws to implement stormwater management and control consistent with the program from ANR, there is no fee for municipalities to do so.
DB 23-0138 An act relating to protection from nuisance suits for agricultural activities (Right to Farm)
Also in the Senate Agricultural Committee, the bill proposes to amend the protection against nuisance suits for agricultural activities under the Vermont right-to-farm law by providing that an agricultural activity shall not be a nuisance or trespass when the activity has been in operation for more than one year and the activity was not a nuisance at time the activity was initiated, or the activity complies with agricultural water quality requirements.
Under the proposal:
A new draft will be considered next week, VDPA members are asked to attend the hearing or provide comments.
DB 23-0761 An act relating to miscellaneous agricultural subjects (House bill)
This bill proposes to make multiple miscellaneous amendments to agricultural statutes. The bill would establish criteria for the award of financial assistance to agricultural fairs and field days. The bill would repeal the requirements for livestock brands. The bill would amend multiple provisions related to the management of bees and apiaries. The bill also would make multiple amendments to the requirements for plant nurseries and plant pest detection.
The bill proposes to:
Sections for VDPA review:
Section 4, pg. 8 repeals the requirement for branding animals. Farmers can still choose to humanly brand their animals; however, most farms are now using RFID tags instead. This is just updating language with the technology now being used on farms.
Section 16, pg. 17 is a soil amendment. The Agency is proposing that the definition of “soil amendment” does not include distinct form the use of soil. This language makes the definition more open than it currently is.
House Committee on Agriculture, Food Resiliency, and Forestry members have not flagged any serious issues during their discussions, other than some editing issues. There is potential for this bill to move out of committee next week.
Other Bills tracked/monitored:
DB 230161 - An act relating to defining new categories of nonhomestead property
This bill proposes to create new categories of properties classified as nonhomestead for purposes of the statewide education property tax. The new nonhomestead property categories created under this bill will be affordable housing, commercial, industrial, open land and structures, rental housing, seasonal dwellings, secondary, nonseasonal dwellings, and utilities.
H 6 - An Act Relating To Development And Subdivisions Above 1,500 Feet
Read First Time and referred to the Committee on Environment and Energy (01/05/23)
This bill proposes to extend Act 250 jurisdiction to development within 100 feet of a stream above 1,500 feet and any subdivisions above the elevation of 2,000 feet.
H 30 - An Act Relating To The Regulation Of Wetlands
Read First Time and referred to the Committee on Environment and Energy (01/10/23)
This bill proposes to establish as State policy that wetlands shall be regulated and managed by the State to produce a net gain of wetlands acreage. The bill would require the Secretary of Natural Resources to amend the Vermont Wetlands Rules to incorporate the net gain policy. In addition, the bill would require the Vermont Significant Wetlands Inventory maps to be updated and revised annually.
H 66 - An Act Relating To Paid Family And Medical Leave Insurance
Read First Time and referred to the Committee on General and Housing (01/19/23)
This bill proposes to create the Family and Medical Leave Insurance Program within the Office of the Treasurer, to amend the Parental and Family Leave Act, and to provide job- protected leave from employment for reasons related to domestic and sexual violence.
H 67 - An Act Relating To Household Products Containing Hazardous Substances
Rep. Wood of Waterbury moved that the Committee on Human Services be relieved of the bill and that the same be committed to the Committee on Environment and Energy which was agreed to (01/24/23)
This bill would require that manufacturers of household products containing a hazardous substance participate in a stewardship organization and implement a plan to collect household products containing a hazardous substance free of charge to the public.
H 79 - An Act Relating To The Vermont Fair Repair Act
Read First Time and referred to the Committee on Commerce and Economic Development (01/20/23)
This bill proposes to make available from original manufacturers to consumers and independent repair providers the information, schematics, diagnostics, and repair manuals necessary to repair certain equipment.
H 81 - An Act Relating To Fair Repair Of Agricultural Equipment
Read First Time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/20/23)
This bill proposes to ensure the fair repair of agricultural equipment.
H 84 - An Act Relating To The Permitting Of Indirect Discharges
Read First Time and referred to the Committee on Environment and Energy (01/24/23)
This bill proposes to clarify how indirect discharges of wastewater in the State are permitted, including compliance with the Vermont Water Quality Standards and the Agency of Natural Resources' pending Antidegradation Implementation Rule.
H 91 - An Act Relating To Medical Leave For A Serious Injury
Read First Time and referred to the Committee on General and Housing (01/24/23)
This bill proposes to provide that an eligible employee may take leave under Vermont's Parental and Family Leave Act to recover from the employee's own serious injury or to care for a family member with a serious injury.
H 101 - An Act Relating To Transportation Initiatives To Reduce Carbon Emissions
Read First Time and referred to the Committee on Transportation (01/25/23)
This bill proposes to: (1) require the Agency of Transportation to present a written plan with recommendations on how to fund State efforts to reduce greenhouse gas emissions and increase access to higher-efficiency, lower-cost transportation options; (2) create the Legislative Regional Transportation Climate Initiative Working Group to study regional climate initiatives such as the Transportation and Climate Initiative Program; (3) implement a self-funded feebate program based on pleasure car efficiency; (4) require the Agency of Transportation to assess motor vehicle fuel use in Vermont in order to identify the most effective actions to transition operators to plug-in electric vehicles; (5) appropriate money for the Mobility and Transportation Innovation Grant Program, Bicycle and Pedestrian Program, and eBike Incentive Program; (6) require the Agency of Transportation to provide a written recommendation on a dedicated funding source for the local match required of public transit providers in Vermont; (7) make modifications to the Incentive Program for New PEVs and Replace Your Ride Program and the annual reporting requirements for the State's motor vehicle incentive programs; (8) amend the State's transportation planning policy related to greenhouse gas emissions and infrastructure resilience; (9) update the State's complete streets policy and require the Agency of Transportation to provide municipalities with training on complete streets; (10) require the Agency of Transportation to update the Vermont State Standards; (11) require the Agency of Transportation to work with Amtrak, and other entities, on certain modifications to Amtrak service in Vermont; and (12) appropriate money to maintain zero-fare service on all urban public transit routes.
H 111 - An Act Relating To Workforce Housing
Read First Time and referred to the Committee on General and Housing (01/26/23)
This bill proposes to make multiple changes related to housing investment and regulatory reform. It would amend the Vermont Rental Housing Improvement Program to expand eligible uses of funds and provide additional funding, amend the Missing Middle-Income Homeownership Development Pilot Program to expand geographic distribution of funds and provide additional funding, and create the Middle-Income Rental Housing Revolving Loan Program and a revolving loan fund to provide subsidized loans for rental housing developments that serve middle-income households. The bill would also amend the Municipal Bylaw Modernization Grant Program to exempt municipalities with populations of less than 1, persons from the grant requirement to implement the complete streets principals. It would appropriate funds to the Municipal Planning Grants with a portion of the grants reserved for municipalities that do not yet have a municipal plan or do not yet have zoning bylaws. The bill proposes to hire Housing Resource Navigators at the Vermont Association of Planning and Development Agencies for use by the regional planning commissions. It would exempt housing projects in downtowns and village centers with zoning from needing an Act 250 permit. It would remove the ability of 10 residents or property owners to appeal municipal zoning decisions. It would allow towns to register with Agency of Natural Resources (ANR) to issue authorizations for wastewater permits, in lieu of the ANR permit. It would not require mitigation of primary agricultural soils under Act 250 for an alternative or community wastewater system that will serve development within a designated area.
H 124 - An Act Relating To Promoting Rural Economic Development Capacity
Read First Time and referred to the Committee on Commerce and Economic Development (01/27/23)
This bill proposes to provide additional funding and support to rural communities to ensure effective and equitable access to economic development resources.
H 126 - An Act Relating To Community Resilience And Biodiversity Protection
Read First Time and referred to the Committee on Environment and Energy (01/31/23)
This bill proposes to establish State goals of conserving 30 percent of the land of the State by 2030 and 50 percent by 2050.
H 128 - An Act Relating To Removing Regulatory Barriers For Working Lands Businesses
Read First Time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/31/23)
This bill proposes to reduce the amount of mitigation wood products manufacturers need to do for primary agricultural soils. It proposes to exempt small forest product processors from needing an Act 250 permit. It proposes to make changes to the definition of accessory on-farm business and exempt those businesses from needing an Act 250 permit. It would require electric generation facilities with a capacity greater than 500kW to get an Act 250 permit.
H 139 - An Act Relating To Requiring Employment Breaks
Read First Time and referred to the Committee on General and Housing (01/31/23)
This bill proposes to require employers to provide employees with breaks for meals and rest.
H 145 - An Act Relating To Fiscal Year 2023 Budget Adjustments
Read 1st time & referred to Committee on Appropriations (02/08/23)
This bill proposes to make adjustments in the fiscal year 2023 omnibus appropriations act.
H 191 - An Act Relating To Trapping
Read First Time and referred to the Committee on Environment and Energy (02/07/23)
This bill proposes to prohibit the trapping of fur-bearing animals unless the person trapping is authorized to trap in order to defend property or agricultural crops or the trapping is conducted by a licensed nuisance wildlife control operator. The bill would establish a nuisance wildlife trapping license.
H 205 - An Act Relating To Establishing The Small Farm Diversification And Transition Program
Read First Time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (02/08/23)
This bill proposes to establish the Small Farm Diversification and Transition Program at the Agency of Agriculture, Food and Markets to provide small farms in Vermont with State financial assistance to diversify production on a farm or to transition from one form of farming to another.
H 219 - An Act Relating To Miscellaneous Employee And Collective Bargaining Rights
Read First Time and referred to the Committee on General and Housing (02/09/23)
This bill proposes to do the following: (1) provide agricultural and domestic workers with the right to collectively bargain; (2) add agricultural and domestic workers to the employees who are entitled to receive the minimum wage and overtime pay; (3) require employers of agricultural and domestic workers to provide them with workers' compensation coverage; (4) permit agricultural and domestic workers to receive unemployment insurance if they become unemployed; (5) establish a good cause standard for termination of employment; (6) require employers to provide severance pay to terminated employees; (7) permit employees or representative organizations to bring an enforcement action on behalf of the State for violations of the good cause termination requirement; (8) protect employees from adverse employment actions related to the employee's exercise of First Amendment rights or refusal to attend meetings or listen to or view communications whose primary purpose is to communicate the employer's opinion regarding a political or religious subject; and (9) permit collective bargaining representatives to be certified through voluntary recognition by an employer or sign-up by a majority of bargaining unit employees.
S 5 - An Act Relating To Affordably Meeting The Mandated Greenhouse Gas Reductions For The Thermal Sector Through Electrification, Decarbonization, Efficiency, And Weatherization Measures
Read 1st time & referred to Committee on Natural Resources and Energy (01/06/23)
This bill proposes to establish the Clean Heat Standard to reduce Vermont's greenhouse gas emissions from the thermal sector. The Clean Heat Standard shall be administered by the Public Utility Commission with assistance from the Clean Heat Standard Technical Advisory Group and the Equity Advisory Group.
S 24 - An Act Relating To The Clean Fuels Program
Read 1st time & referred to Committee on Natural Resources and Energy (01/19/23)
This bill proposes to direct the Commissioner of Environmental Conservation to adopt rules to implement the Clean Fuels Program.
S 46 - An Act Relating To The Vermont Fair Repair Act
Read 1st time & referred to Committee on Economic Development, Housing and General Affairs (01/27/23)
This bill proposes to make available from original manufacturers to consumers and independent repair providers the information, schematics, diagnostics, and repair manuals necessary to repair certain equipment.
S 62 - An Act Relating To Paid Family And Medical Leave Insurance
Read 1st time & referred to Committee on Economic Development, Housing and General Affairs (02/07/23)
This bill proposes to create the Family and Medical Leave Insurance Program within the Office of the Treasurer, to amend the Parental and Family Leave Act, and to provide job- protected leave from employment for reasons related to domestic and sexual violence.
Cheri L. L'Esperance
William Shouldice & Associates LLC
802.839.0006
Week 6 of the Vermont Legislative Session – February 10, 2023
Legislators were all smiles after surviving the arctic blast that blanketed Vermont over the weekend. As is standard procedure, on Tuesday they all gathered in their political party corners for a weekly caucus. Nothing truly earth shattering was discussed at any of them, but several committee chairs hopped up to the microphone to promote bills that they were working on. What was clear is the frigid temps from the weekend did not dampen the mood to push ahead on the democratically controlled chambers’ priorities. Senate Natural Resources is driving ahead like gang busters with continual hearings on S.5, which is a refurbished version of the failed Clean Heat Standard from last year. Senate Finance proudly punted a two pager bill, S.54, which extends the separation of the individual and small group markets in Vermont Health Connect through plan year 2025, out of committee and Chair Ann Cummings said their next task is to figure out how to pay for school meals, child care, and paid family leave, amongst others. A bit of a sigh escaped after that acknowledgement.
Other bills that saw a flurry of activity this week had to do with Ranked Choice Voting, DMV & Transportation bills, paid family, and let us not forget the infamous expansion of the bottle bill. Batten down the hatches, it is looking like the coming weeks will bring on some Vermont style turbulence under our beloved Golden Dome.
Currently under consideration in the Senate Agricultural Committee, the bill proposes to make multiple miscellaneous amendments to agricultural statutes. The bill would clarify that the Secretary of Agriculture, Food and Markets has the authority to quarantine an animal when the animal is suspected of having been exposed to biological or chemical agents that may adulterate the animal’s milk, processed dairy product, or other product. The bill would modernize the requirements for the sale and marketing of eggs in the State. The bill would increase the Agency of Agriculture, Food and Markets’ default, maximum penalty amounts in enforcement actions. In addition, the bill clarifies the authority of municipalities to adopt stormwater management controls applicable to farms.
The bill proposes to:
- clarify that the Secretary of Agriculture, Food and Markets has the authority to quarantine an animal when the animal is suspected of having been exposed to biological or chemical agents that may adulterate the animal’s milk, processed dairy product, or other product
- modernize the requirements for the sale and marketing of eggs in the State
- increase the Agency of Agriculture, Food and Markets’ default, maximum penalty amounts in enforcement actions
- clarifies the authority of municipalities to adopt stormwater management controls applicable to farms
Sec.1, pg.1: quarantining of domestic animals or animal products from an illness and would affect the animals milk product or is necessary to protect the public welfare.
Sec.4, pg.3: how the Secretary of AAFM will provide written notice of violations.
Sec.5, pg.4: Outlines how the Secretary of AAFM can pursue penalties for violations, one or more must be followed:
- issue cease and desist to stop sale or order to a person
- order mandatory corrective actions
- seek administrative or civil penalties
Sec 7, pg. 7: provides financial assistance to purchase or use innovative equipment that will aid in the reduction of surface runoff of agricultural wastes to State waters, improve water quality of State waters, reduce odors from manure application, separate phosphorus from manure, mitigate greenhouse gases, and reduce costs to farmers.
Sec.8, pg. 8: allows any municipality to adopt bylaws to implement stormwater management and control consistent with the program from ANR, there is no fee for municipalities to do so.
Also in the Senate Agricultural Committee, the bill proposes to amend the protection against nuisance suits for agricultural activities under the Vermont right-to-farm law by providing that an agricultural activity shall not be a nuisance or trespass when the activity has been in operation for more than one year and the activity was not a nuisance at time the activity was initiated, or the activity complies with agricultural water quality requirements.
Under the proposal:
- the nuisance and trespass protection for an agricultural activity would not apply whenever a nuisance or trespass violation results from the negligent operation of an agricultural activity or from a violation of the State agricultural water quality requirements
- provide that an agricultural activity shall not lose nuisance or trespass protection due to a change of ownership or a cessation of operation of not more than five years; a change of crops produced; or a change of a farming method or conversion of a farming practice or agricultural activity to another farming method, practice, or agricultural activity on a farm.
A new draft will be considered next week, VDPA members are asked to attend the hearing or provide comments.
This bill proposes to make multiple miscellaneous amendments to agricultural statutes. The bill would establish criteria for the award of financial assistance to agricultural fairs and field days. The bill would repeal the requirements for livestock brands. The bill would amend multiple provisions related to the management of bees and apiaries. The bill also would make multiple amendments to the requirements for plant nurseries and plant pest detection.
The bill proposes to:
- establish criteria for the award of financial assistance to agricultural fairs and field days
- repeal the requirements for livestock brands
- amend multiple provisions related to the management of bees and apiaries
- make multiple amendments to the requirements for plant nurseries and plant pest detection
Sections for VDPA review:
Section 4, pg. 8 repeals the requirement for branding animals. Farmers can still choose to humanly brand their animals; however, most farms are now using RFID tags instead. This is just updating language with the technology now being used on farms.
Section 16, pg. 17 is a soil amendment. The Agency is proposing that the definition of “soil amendment” does not include distinct form the use of soil. This language makes the definition more open than it currently is.
House Committee on Agriculture, Food Resiliency, and Forestry members have not flagged any serious issues during their discussions, other than some editing issues. There is potential for this bill to move out of committee next week.
Other Bills tracked/monitored:
DB 230161 - An act relating to defining new categories of nonhomestead property
This bill proposes to create new categories of properties classified as nonhomestead for purposes of the statewide education property tax. The new nonhomestead property categories created under this bill will be affordable housing, commercial, industrial, open land and structures, rental housing, seasonal dwellings, secondary, nonseasonal dwellings, and utilities.
H 6 - An Act Relating To Development And Subdivisions Above 1,500 Feet
Read First Time and referred to the Committee on Environment and Energy (01/05/23)
This bill proposes to extend Act 250 jurisdiction to development within 100 feet of a stream above 1,500 feet and any subdivisions above the elevation of 2,000 feet.
H 30 - An Act Relating To The Regulation Of Wetlands
Read First Time and referred to the Committee on Environment and Energy (01/10/23)
This bill proposes to establish as State policy that wetlands shall be regulated and managed by the State to produce a net gain of wetlands acreage. The bill would require the Secretary of Natural Resources to amend the Vermont Wetlands Rules to incorporate the net gain policy. In addition, the bill would require the Vermont Significant Wetlands Inventory maps to be updated and revised annually.
H 66 - An Act Relating To Paid Family And Medical Leave Insurance
Read First Time and referred to the Committee on General and Housing (01/19/23)
This bill proposes to create the Family and Medical Leave Insurance Program within the Office of the Treasurer, to amend the Parental and Family Leave Act, and to provide job- protected leave from employment for reasons related to domestic and sexual violence.
H 67 - An Act Relating To Household Products Containing Hazardous Substances
Rep. Wood of Waterbury moved that the Committee on Human Services be relieved of the bill and that the same be committed to the Committee on Environment and Energy which was agreed to (01/24/23)
This bill would require that manufacturers of household products containing a hazardous substance participate in a stewardship organization and implement a plan to collect household products containing a hazardous substance free of charge to the public.
H 79 - An Act Relating To The Vermont Fair Repair Act
Read First Time and referred to the Committee on Commerce and Economic Development (01/20/23)
This bill proposes to make available from original manufacturers to consumers and independent repair providers the information, schematics, diagnostics, and repair manuals necessary to repair certain equipment.
H 81 - An Act Relating To Fair Repair Of Agricultural Equipment
Read First Time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/20/23)
This bill proposes to ensure the fair repair of agricultural equipment.
H 84 - An Act Relating To The Permitting Of Indirect Discharges
Read First Time and referred to the Committee on Environment and Energy (01/24/23)
This bill proposes to clarify how indirect discharges of wastewater in the State are permitted, including compliance with the Vermont Water Quality Standards and the Agency of Natural Resources' pending Antidegradation Implementation Rule.
H 91 - An Act Relating To Medical Leave For A Serious Injury
Read First Time and referred to the Committee on General and Housing (01/24/23)
This bill proposes to provide that an eligible employee may take leave under Vermont's Parental and Family Leave Act to recover from the employee's own serious injury or to care for a family member with a serious injury.
H 101 - An Act Relating To Transportation Initiatives To Reduce Carbon Emissions
Read First Time and referred to the Committee on Transportation (01/25/23)
This bill proposes to: (1) require the Agency of Transportation to present a written plan with recommendations on how to fund State efforts to reduce greenhouse gas emissions and increase access to higher-efficiency, lower-cost transportation options; (2) create the Legislative Regional Transportation Climate Initiative Working Group to study regional climate initiatives such as the Transportation and Climate Initiative Program; (3) implement a self-funded feebate program based on pleasure car efficiency; (4) require the Agency of Transportation to assess motor vehicle fuel use in Vermont in order to identify the most effective actions to transition operators to plug-in electric vehicles; (5) appropriate money for the Mobility and Transportation Innovation Grant Program, Bicycle and Pedestrian Program, and eBike Incentive Program; (6) require the Agency of Transportation to provide a written recommendation on a dedicated funding source for the local match required of public transit providers in Vermont; (7) make modifications to the Incentive Program for New PEVs and Replace Your Ride Program and the annual reporting requirements for the State's motor vehicle incentive programs; (8) amend the State's transportation planning policy related to greenhouse gas emissions and infrastructure resilience; (9) update the State's complete streets policy and require the Agency of Transportation to provide municipalities with training on complete streets; (10) require the Agency of Transportation to update the Vermont State Standards; (11) require the Agency of Transportation to work with Amtrak, and other entities, on certain modifications to Amtrak service in Vermont; and (12) appropriate money to maintain zero-fare service on all urban public transit routes.
H 111 - An Act Relating To Workforce Housing
Read First Time and referred to the Committee on General and Housing (01/26/23)
This bill proposes to make multiple changes related to housing investment and regulatory reform. It would amend the Vermont Rental Housing Improvement Program to expand eligible uses of funds and provide additional funding, amend the Missing Middle-Income Homeownership Development Pilot Program to expand geographic distribution of funds and provide additional funding, and create the Middle-Income Rental Housing Revolving Loan Program and a revolving loan fund to provide subsidized loans for rental housing developments that serve middle-income households. The bill would also amend the Municipal Bylaw Modernization Grant Program to exempt municipalities with populations of less than 1, persons from the grant requirement to implement the complete streets principals. It would appropriate funds to the Municipal Planning Grants with a portion of the grants reserved for municipalities that do not yet have a municipal plan or do not yet have zoning bylaws. The bill proposes to hire Housing Resource Navigators at the Vermont Association of Planning and Development Agencies for use by the regional planning commissions. It would exempt housing projects in downtowns and village centers with zoning from needing an Act 250 permit. It would remove the ability of 10 residents or property owners to appeal municipal zoning decisions. It would allow towns to register with Agency of Natural Resources (ANR) to issue authorizations for wastewater permits, in lieu of the ANR permit. It would not require mitigation of primary agricultural soils under Act 250 for an alternative or community wastewater system that will serve development within a designated area.
H 124 - An Act Relating To Promoting Rural Economic Development Capacity
Read First Time and referred to the Committee on Commerce and Economic Development (01/27/23)
This bill proposes to provide additional funding and support to rural communities to ensure effective and equitable access to economic development resources.
H 126 - An Act Relating To Community Resilience And Biodiversity Protection
Read First Time and referred to the Committee on Environment and Energy (01/31/23)
This bill proposes to establish State goals of conserving 30 percent of the land of the State by 2030 and 50 percent by 2050.
H 128 - An Act Relating To Removing Regulatory Barriers For Working Lands Businesses
Read First Time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (01/31/23)
This bill proposes to reduce the amount of mitigation wood products manufacturers need to do for primary agricultural soils. It proposes to exempt small forest product processors from needing an Act 250 permit. It proposes to make changes to the definition of accessory on-farm business and exempt those businesses from needing an Act 250 permit. It would require electric generation facilities with a capacity greater than 500kW to get an Act 250 permit.
H 139 - An Act Relating To Requiring Employment Breaks
Read First Time and referred to the Committee on General and Housing (01/31/23)
This bill proposes to require employers to provide employees with breaks for meals and rest.
H 145 - An Act Relating To Fiscal Year 2023 Budget Adjustments
Read 1st time & referred to Committee on Appropriations (02/08/23)
This bill proposes to make adjustments in the fiscal year 2023 omnibus appropriations act.
H 191 - An Act Relating To Trapping
Read First Time and referred to the Committee on Environment and Energy (02/07/23)
This bill proposes to prohibit the trapping of fur-bearing animals unless the person trapping is authorized to trap in order to defend property or agricultural crops or the trapping is conducted by a licensed nuisance wildlife control operator. The bill would establish a nuisance wildlife trapping license.
H 205 - An Act Relating To Establishing The Small Farm Diversification And Transition Program
Read First Time and referred to the Committee on Agriculture, Food Resiliency, and Forestry (02/08/23)
This bill proposes to establish the Small Farm Diversification and Transition Program at the Agency of Agriculture, Food and Markets to provide small farms in Vermont with State financial assistance to diversify production on a farm or to transition from one form of farming to another.
H 219 - An Act Relating To Miscellaneous Employee And Collective Bargaining Rights
Read First Time and referred to the Committee on General and Housing (02/09/23)
This bill proposes to do the following: (1) provide agricultural and domestic workers with the right to collectively bargain; (2) add agricultural and domestic workers to the employees who are entitled to receive the minimum wage and overtime pay; (3) require employers of agricultural and domestic workers to provide them with workers' compensation coverage; (4) permit agricultural and domestic workers to receive unemployment insurance if they become unemployed; (5) establish a good cause standard for termination of employment; (6) require employers to provide severance pay to terminated employees; (7) permit employees or representative organizations to bring an enforcement action on behalf of the State for violations of the good cause termination requirement; (8) protect employees from adverse employment actions related to the employee's exercise of First Amendment rights or refusal to attend meetings or listen to or view communications whose primary purpose is to communicate the employer's opinion regarding a political or religious subject; and (9) permit collective bargaining representatives to be certified through voluntary recognition by an employer or sign-up by a majority of bargaining unit employees.
S 5 - An Act Relating To Affordably Meeting The Mandated Greenhouse Gas Reductions For The Thermal Sector Through Electrification, Decarbonization, Efficiency, And Weatherization Measures
Read 1st time & referred to Committee on Natural Resources and Energy (01/06/23)
This bill proposes to establish the Clean Heat Standard to reduce Vermont's greenhouse gas emissions from the thermal sector. The Clean Heat Standard shall be administered by the Public Utility Commission with assistance from the Clean Heat Standard Technical Advisory Group and the Equity Advisory Group.
S 24 - An Act Relating To The Clean Fuels Program
Read 1st time & referred to Committee on Natural Resources and Energy (01/19/23)
This bill proposes to direct the Commissioner of Environmental Conservation to adopt rules to implement the Clean Fuels Program.
S 46 - An Act Relating To The Vermont Fair Repair Act
Read 1st time & referred to Committee on Economic Development, Housing and General Affairs (01/27/23)
This bill proposes to make available from original manufacturers to consumers and independent repair providers the information, schematics, diagnostics, and repair manuals necessary to repair certain equipment.
S 62 - An Act Relating To Paid Family And Medical Leave Insurance
Read 1st time & referred to Committee on Economic Development, Housing and General Affairs (02/07/23)
This bill proposes to create the Family and Medical Leave Insurance Program within the Office of the Treasurer, to amend the Parental and Family Leave Act, and to provide job- protected leave from employment for reasons related to domestic and sexual violence.
Cheri L. L'Esperance
William Shouldice & Associates LLC
802.839.0006
Week 2
1/13/2023
It’s back, the entire staff of the House Clerk’s office were out this week sick with Covid-19. Many are speculating the Statehouse will go back to virtual legislating by March, but as always, it will be a wait and see.
Typically, the first bill of the session is the Budget Adjustment Act (BAA). This bill re-adjusts the funding in the budget passed late last spring. Revenue forecasts were conservative which ensured more revenue would be available for BAA. Governor Phil Scott (R) has put his priorities in the BAA as presented to the House Appropriations Committee; $100 million in one-time expenditures utilizing the State’s budget surplus. Of that amount, $30M is for the State match towards a federal broadband buildout grant and $40M for the State’s Technology Fund for IT projects, such as updating the Labor Department’s legacy computer system for unemployment claims. This bill should be on the House Floor in the next 4-5 weeks.
The Democratic, Progressive and Republican caucus’ met for the first time this week. Across caucus’, discussions were about process and policy. Bills being introduced as caucus priorities; Universal Primary Health Care, Clean Heat Standard, Paid Family Leave, Wetlands, Firearms, Just Cause Employment Rights/Labor Unions, Housing and Act 250 reform.
A sneak peek at next week, a paid family leave bill will be introduced. This week Legislators were working to garner more bill sponsors. If passed as introduced the bill would provide paid time off in the event of the birth or adoption of a child, personal medical leave, and leave for people experiencing domestic violence or whose family member is called into active duty.
The program would be financed with a 0.58% payroll tax, split between the employer and employee, according to a draft of the bill, and $20 million in start-up funds from the state. The bill as introduced will provide 12 weeks of family and medical leave.
Below is a list of new bills we are tracking for you. As always, please feel free to contact us with any questions or comments.
H 6 - An Act Relating To Development And Subdivisions Above 1,500 Feet Rep. Peter Anthony Read First Time and referred to the Committee on Environment and Energy (01/05/23) This bill proposes to extend Act 250 jurisdiction to development within 100 feet of a stream above 1,500 feet and any subdivisions above the elevation of 2,000 feet.
H 30 - An Act Relating To The Regulation Of Wetlands Rep. Amy Sheldon; Rep. Katherine "Kari" Dolan Read First Time and referred to the Committee on Environment and Energy (01/10/23) This bill proposes to establish as State policy that wetlands shall be regulated and managed by the State to produce a net gain of wetlands acreage. The bill would require the Secretary of Natural Resources to amend the Vermont Wetlands Rules to incorporate the net gain policy. In addition, the bill would require the Vermont Significant Wetlands Inventory maps to be updated and revised annually.
S 5 - An Act Relating To Affordably Meeting The Mandated Greenhouse Gas Reductions For The Thermal Sector Through Electrification, Decarbonization, Efficiency, And Weatherization Measures Sen. Christopher Bray; Sen. Alison Clarkson; Sen. Andrew Perchlik; et al. Read 1st time & referred to Committee on Natural Resources and Energy (01/06/23) This bill proposes to establish the Clean Heat Standard to reduce Vermont's greenhouse gas emissions from the thermal sector. The Clean Heat Standard shall be administered by the Public Utility Commission with assistance from the Clean Heat Standard Technical Advisory Group and the Equity Advisory Group.
To be Introduced, hearing week of January 17th:
Right to Farm, draft legislation:
https://legislature.vermont.gov/Documents/2024/WorkGroups/Senate%20Agriculture/Bills/DR%2023-0138%20Right%20to%20Farm/W~Michael%20O'Grady~DR%2023-0138,%20Draft%202.2,%201-12-2023~1-12-2023.pdf
Heather F. Shouldice
William Shouldice & Associates LLC
PO Box 1531
Montpelier, Vermont 05601
Cell 802-839-0007
1/13/2023
It’s back, the entire staff of the House Clerk’s office were out this week sick with Covid-19. Many are speculating the Statehouse will go back to virtual legislating by March, but as always, it will be a wait and see.
Typically, the first bill of the session is the Budget Adjustment Act (BAA). This bill re-adjusts the funding in the budget passed late last spring. Revenue forecasts were conservative which ensured more revenue would be available for BAA. Governor Phil Scott (R) has put his priorities in the BAA as presented to the House Appropriations Committee; $100 million in one-time expenditures utilizing the State’s budget surplus. Of that amount, $30M is for the State match towards a federal broadband buildout grant and $40M for the State’s Technology Fund for IT projects, such as updating the Labor Department’s legacy computer system for unemployment claims. This bill should be on the House Floor in the next 4-5 weeks.
The Democratic, Progressive and Republican caucus’ met for the first time this week. Across caucus’, discussions were about process and policy. Bills being introduced as caucus priorities; Universal Primary Health Care, Clean Heat Standard, Paid Family Leave, Wetlands, Firearms, Just Cause Employment Rights/Labor Unions, Housing and Act 250 reform.
A sneak peek at next week, a paid family leave bill will be introduced. This week Legislators were working to garner more bill sponsors. If passed as introduced the bill would provide paid time off in the event of the birth or adoption of a child, personal medical leave, and leave for people experiencing domestic violence or whose family member is called into active duty.
The program would be financed with a 0.58% payroll tax, split between the employer and employee, according to a draft of the bill, and $20 million in start-up funds from the state. The bill as introduced will provide 12 weeks of family and medical leave.
Below is a list of new bills we are tracking for you. As always, please feel free to contact us with any questions or comments.
H 6 - An Act Relating To Development And Subdivisions Above 1,500 Feet Rep. Peter Anthony Read First Time and referred to the Committee on Environment and Energy (01/05/23) This bill proposes to extend Act 250 jurisdiction to development within 100 feet of a stream above 1,500 feet and any subdivisions above the elevation of 2,000 feet.
H 30 - An Act Relating To The Regulation Of Wetlands Rep. Amy Sheldon; Rep. Katherine "Kari" Dolan Read First Time and referred to the Committee on Environment and Energy (01/10/23) This bill proposes to establish as State policy that wetlands shall be regulated and managed by the State to produce a net gain of wetlands acreage. The bill would require the Secretary of Natural Resources to amend the Vermont Wetlands Rules to incorporate the net gain policy. In addition, the bill would require the Vermont Significant Wetlands Inventory maps to be updated and revised annually.
S 5 - An Act Relating To Affordably Meeting The Mandated Greenhouse Gas Reductions For The Thermal Sector Through Electrification, Decarbonization, Efficiency, And Weatherization Measures Sen. Christopher Bray; Sen. Alison Clarkson; Sen. Andrew Perchlik; et al. Read 1st time & referred to Committee on Natural Resources and Energy (01/06/23) This bill proposes to establish the Clean Heat Standard to reduce Vermont's greenhouse gas emissions from the thermal sector. The Clean Heat Standard shall be administered by the Public Utility Commission with assistance from the Clean Heat Standard Technical Advisory Group and the Equity Advisory Group.
To be Introduced, hearing week of January 17th:
Right to Farm, draft legislation:
Heather F. Shouldice
William Shouldice & Associates LLC
PO Box 1531
Montpelier, Vermont 05601
Cell 802-839-0007
2023 Legislative Start
Vermonters will be represented by a similar, but slightly more progressive General Assembly. With over 40% of the Legislators being new, we expect a slow start to the session. Governor Phil Scott-(R), the most popular Governor in Vermont history, will likely stay strong and steady. Scott has always given space for the General Assembly to do their best work without constant criticism, something Democrats have criticized him for. Regardless of the veto-proof Democratic majority in both Chambers, Scott will do what he believes is right for Vermont.
Burlington Representative Jill Krowinski-(D) was unanimously re-elected Speaker of the House. The Senate inserted Burlington Senator; Philip Baruth into the President Pro Temp’s Office. Krowinski and Baruth are expected to work well together and have similar priorities. What tops their lists are universal childcare, climate action, universal school meals, housing, homelessness, transportation funding, and mandated paid family leave. The General Assembly will also prioritize the federal funding that was allocated to Vermont during the pandemic. If funds cannot be expended by 2025, they may be repurposed for more immediate programs.
House of Representatives Committee changes:
- The Committee on Natural Resources, Fish and Wildlife, which has typically handled major environmental policies, has been dissolved
- The former Energy and Technology Committee will expand to include conservation and development, climate change mitigation, energy, broadband/telecom, land resources, air, water, and wildlife, and other similar policies. The new Committee is now titled, Environment & Energy. Their focus likely will be on changes to Act 250, updates to the Vermont bottle bill system, and legislation to conserve 30% of its land by 2030 and 50% of its land by 2050
- Military affairs have been moved from the General and Housing Committee and joins Government Operations
House Committees: https://legislature.vermont.gov/assets/2023-2024-Committee-Assignments-v2.pdf
Senate committee changes:
- New Committee Chairs are Sen. Kesha Ram Hinsdale-(D-Chittenden), will lead the Senate Committee on Economic Development, Housing, and General Affairs; Sen. Ruth Hardy-(D-Addison), will lead the Senate Government Operations Committee; and Sen. Russ Ingalls-(R-Essex), will lead the
Senate Institutions Committee
- The Senate will introduce a resolution allowing for Senators to debate, deliberate and vote remotely on a limited, emergency basis through Town Meeting Day. After the Legislature’s weeklong Town Meeting recess, Baruth said, the Senate could evaluate whether to renew the resolution
Senate Committees: https://legislature.vermont.gov/assets/Vermont-Senate-Committee-Assignments-2023-2024.pdf
The General Assembly will also prioritize the federal funding that was allocated to Vermont during the pandemic. If funds cannot be expended by 2025, they may be repurposed for more immediate programs. Governor Scott also emphasized this point:
“My fellow Vermonters: these are big challenges. But we find ourselves at a rare moment in history, with one-time money that those who came before us could only dream of, to tackle issues we have faced for decades. This is truly a once-in-a-lifetime opportunity. And the only thing that could stand in its way is us. So, let’s not squander it.”
Governor Phil Scott spoke about his priorities which very much resemble those of the House and Senate. Scott said that increased taxes and fees will only increase the cost of living and Vermonters are already having a difficult time making ends meet.
Governor Scott will give his Budget Address in two weeks where we will get more insight into his priorities and how he plans to allocate funding.
We will have all committee member contact information very shortly!
Have a nice weekend.
Heather F. Shouldice
William Shouldice & Associates LLC
PO Box 1531
Montpelier, Vermont 05601
Cell 802-839-0007
2022 FINAL REPORT - Vermont Legislative Session
If one is not overly familiar with the activities during the final days of the session under our beloved Golden Dome, it’s sort of like legislating on a teeter totter; “The question is, will the house concur with the house proposal of amendment to the Senate proposal of amendment to the House proposal of amendment to the Senate proposal or amendment, with further proposal of amendment, all those in favor, say aye”. Really though, does anyone else have a case of motion sickness? This would be the perfect situation to be able to magically morph into an owl as you really need eyes on all sides of your head.
For those who placed bets on the adjournment date, unlike the 80-1 odds that we saw in the Kentucky Derby, most folks were quite close when they guessed “this week”. It may not seem like it, but many of the legislators have quite a sense of humor. One can find little morsels of humor squeak out a bit especially when many of them are running on empty as the session winds down, although it feels more like a microburst.
On Thursday, the Vermont General Assembly adjourned, narrowly escaping a potential showdown veto session. It appears level minds prevailed and most of the rough spots in the ‘must pass’ budget were ironed out with the Governor’s Office. With a record number of vetoes and several that were sustained, Governor Scott often felt like he was “the last man standing”. Most consider a successful session is when no one gets what they want, and compromises have been made along the way.
This session was a bit different than last session as much of the negotiations were being done over the weekend and behind closed doors. Again, sneaky little buggars. Governor Scott was criticized profusely over the last two weeks of the session for his lack of engagement of letting Legislators know what changes he needed in legislation to avoid a much too familiar confrontation at the end of the session.
Very typical of the last week of the Biennium many Legislators made their retirement announcements. The House of Representatives is seeing a large roster of Committee Chairs retiring. At last count, seven Committee Chairs were retiring in the House, and so far, three of the Senate Chairs are bidding goodbye to the halls of the Statehouse. For some, bidding adieu ends more than a 30-year career in the General Assembly.
H.740 FY 2023 Budget Overview “BIG BILL” (Passed)
The FY23 budget as voted by the Committee of Conference appropriates a total of $8.3 billion to meet the ongoing costs of operating state government.
Community Investments:
$23m for mobile home and low-income failed onsite water and wastewater
$50m for municipal water and wastewater initiatives
S.210 Relating to rental housing health and safety and affordable housing (Passed)
The bill as passed does not include the Rental Housing Registry as proposed over the past few years. This was a point of contention for Governor Phil Scott.
Appropriations included in S.210:
Recipient
Detail
Source of Funds
FY22
Div. of Fire and Safety
One time for Inspector positions
ARPA
$400K
VT Rental Housing Program
Establishes new program & grants
APRA
$20M
Total
$20,400,000
Click here to view the Fiscal Note/Committee of Conference Report.
S.258 Relating to agricultural water quality, enforcement, and dairy farming (Passed)
This bill will:
· Require the Secretary of Agriculture, Food and Markets to evaluate the Required Agricultural Practices (RAPs) to determine if the requirements under the RAPs are adequate to address climate change-induced precipitation in a manner that protects soil resources and prevents harmful runoff of nutrient pollution to State waters.
H.446 Misc. Natural Resources and Development Subjects (Passed)
The bill includes:
H.466 An act relating to surface waters and inter basin transfers (Passed)
This bill proposes to regulate surface water withdrawals and inter basin transfers of surface water occurring in the State.
Beginning January 1, 2023, a person will be required to report surface water withdrawals over 5Kgal/24 hours or 150K/30 days. Withdrawals over 50K gal/day require metering or approved measurement method. The Agency of Natural Resources will collect data and create a permit program beginning July 1, 2026.
The agriculture sector will be exempt from the permit program but will report to the Agency of Agriculture Food and Markets if withdrawals go over the de minimis limit of 10,000 gal/day or 150,000 gal/month. Municipal and State infrastructure projects will be issued a 10-year General Permit to cover projects.
H.626 An act relating to the sale, use, or application of neonicotinoid pesticides (Passed)
The Secretary of Agriculture, Food and Markets, after consultation with the Agricultural Innovation Board, can adopt by rule BMPs for the use of neonicotinoid treated article seeds.
When implementing the rules required, the Secretary of Agriculture, Food and Markets will work with farmers, seed companies, and other relevant parties to ensure that farmers have access to appropriate varieties and amounts of untreated seed or treated seed that are not neonicotinoid treated article seeds.
A last-minute amendment added positions to the Agency of Agriculture to do this work.
S.234 Relating to changes to Act 250 (Passed)
This bill proposes to make multiple amendments to the State land use and development law Act 250 and restructuring the Natural Resources Board to the new Environmental Review Board. Click here to view the summary of bill and here for as passed.
S.113 Relating to establishing a cause of action for medical monitoring expenses (ACT 93 Signed into law April 21, 2022)
H.715 Relating to the Clean Heat Standard (Vetoed by Governor; veto sustained 99-51)
This bill proposes to establish the Clean Heat Standard to reduce Vermont’s greenhouse gas emissions from the thermal sector. The Clean Heat Standard shall be administered by the Public Utility Commission with assistance from the Clean Heat Standard Technical Advisory Group and the Equity Advisory Group. The Public Utility Commission must return to the legislature for approval prior to implementing a Clean Heat Standard program.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
If one is not overly familiar with the activities during the final days of the session under our beloved Golden Dome, it’s sort of like legislating on a teeter totter; “The question is, will the house concur with the house proposal of amendment to the Senate proposal of amendment to the House proposal of amendment to the Senate proposal or amendment, with further proposal of amendment, all those in favor, say aye”. Really though, does anyone else have a case of motion sickness? This would be the perfect situation to be able to magically morph into an owl as you really need eyes on all sides of your head.
For those who placed bets on the adjournment date, unlike the 80-1 odds that we saw in the Kentucky Derby, most folks were quite close when they guessed “this week”. It may not seem like it, but many of the legislators have quite a sense of humor. One can find little morsels of humor squeak out a bit especially when many of them are running on empty as the session winds down, although it feels more like a microburst.
On Thursday, the Vermont General Assembly adjourned, narrowly escaping a potential showdown veto session. It appears level minds prevailed and most of the rough spots in the ‘must pass’ budget were ironed out with the Governor’s Office. With a record number of vetoes and several that were sustained, Governor Scott often felt like he was “the last man standing”. Most consider a successful session is when no one gets what they want, and compromises have been made along the way.
This session was a bit different than last session as much of the negotiations were being done over the weekend and behind closed doors. Again, sneaky little buggars. Governor Scott was criticized profusely over the last two weeks of the session for his lack of engagement of letting Legislators know what changes he needed in legislation to avoid a much too familiar confrontation at the end of the session.
Very typical of the last week of the Biennium many Legislators made their retirement announcements. The House of Representatives is seeing a large roster of Committee Chairs retiring. At last count, seven Committee Chairs were retiring in the House, and so far, three of the Senate Chairs are bidding goodbye to the halls of the Statehouse. For some, bidding adieu ends more than a 30-year career in the General Assembly.
H.740 FY 2023 Budget Overview “BIG BILL” (Passed)
The FY23 budget as voted by the Committee of Conference appropriates a total of $8.3 billion to meet the ongoing costs of operating state government.
Community Investments:
- Broadband - $95m ARPA Capital Projects Fund
- Housing – VHCB $50m ($30m ARPA, $10m GF contingent and $10 in base)
- S.226 Safe &Affordable Housing provides $20m for ‘missing middle” and manufactured housing
- S.210 provides $20m VHIP rental unit update program
- Community, Workforce and Economic Development - $137.8m including S.11 (Economic Development & Workforce)
- Childcare providers ($4.9m), Children’s Integrated Services ($900k) and Parent Child Centers ($1.5m) base increases
- Regional first responder dispatch development ($11m) with task force on fair funding options
- Conservation Districts allocated $250k base in AAFM
- UVM ($10m) and VSC ($10m) base increases and VSC ($14.9m ARPA) transition bridge plan
- $80m for weatherization
- $45m for H.518 Municipal Energy Resilience Grant program
- $8m for advanced metering infrastructure
- over $60m for other electrification initiatives
$23m for mobile home and low-income failed onsite water and wastewater
$50m for municipal water and wastewater initiatives
S.210 Relating to rental housing health and safety and affordable housing (Passed)
The bill as passed does not include the Rental Housing Registry as proposed over the past few years. This was a point of contention for Governor Phil Scott.
Appropriations included in S.210:
Recipient
Detail
Source of Funds
FY22
Div. of Fire and Safety
One time for Inspector positions
ARPA
$400K
VT Rental Housing Program
Establishes new program & grants
APRA
$20M
Total
$20,400,000
Click here to view the Fiscal Note/Committee of Conference Report.
S.258 Relating to agricultural water quality, enforcement, and dairy farming (Passed)
This bill will:
· Require the Secretary of Agriculture, Food and Markets to evaluate the Required Agricultural Practices (RAPs) to determine if the requirements under the RAPs are adequate to address climate change-induced precipitation in a manner that protects soil resources and prevents harmful runoff of nutrient pollution to State waters.
- Clarifies “Good Standing” to make farmers eligible for any grant exclusively awarded by the Agency unless the applicant is in good standing with the Secretary on all grant agreements, contract awards, and enforcement proceedings at the time of the grant award.
- Defines “Waste” or “agricultural waste” means material originating or emanating from a farm or imported onto a farm that is determined by the Secretary or the Secretary of Natural Resources.
- Adds non-sewage waste to a farm for deposit in a manure pit or for use as an input in a methane digester to obtain approval from the Secretary prior to transporting the non-sewage waste to the farm.
- Extends the Task Force to Revitalize the Vermont Dairy Industry and shall continue to exist and retain the authority granted until February 1, 2023
- It strengthens Vermont’s current and rather weak “Right to Farm” law by adding a new definition of Agriculture Activities
H.446 Misc. Natural Resources and Development Subjects (Passed)
The bill includes:
- H.501 - A bill that would put a moratorium on de-pack facilities beginning May 1, 2022
- Stakeholder group to make recommendations on the proper management of packaged organic materials beginning on July 1, 2022. CWS has a seat on the stakeholder group.
- Study on micro-plastics and PFAS in food packaging
- Rulemaking for food processing facilities
This bill proposes to regulate surface water withdrawals and inter basin transfers of surface water occurring in the State.
Beginning January 1, 2023, a person will be required to report surface water withdrawals over 5Kgal/24 hours or 150K/30 days. Withdrawals over 50K gal/day require metering or approved measurement method. The Agency of Natural Resources will collect data and create a permit program beginning July 1, 2026.
The agriculture sector will be exempt from the permit program but will report to the Agency of Agriculture Food and Markets if withdrawals go over the de minimis limit of 10,000 gal/day or 150,000 gal/month. Municipal and State infrastructure projects will be issued a 10-year General Permit to cover projects.
The Secretary of Agriculture, Food and Markets, after consultation with the Agricultural Innovation Board, can adopt by rule BMPs for the use of neonicotinoid treated article seeds.
When implementing the rules required, the Secretary of Agriculture, Food and Markets will work with farmers, seed companies, and other relevant parties to ensure that farmers have access to appropriate varieties and amounts of untreated seed or treated seed that are not neonicotinoid treated article seeds.
A last-minute amendment added positions to the Agency of Agriculture to do this work.
S.234 Relating to changes to Act 250 (Passed)
This bill proposes to make multiple amendments to the State land use and development law Act 250 and restructuring the Natural Resources Board to the new Environmental Review Board. Click here to view the summary of bill and here for as passed.
S.113 Relating to establishing a cause of action for medical monitoring expenses (ACT 93 Signed into law April 21, 2022)
H.715 Relating to the Clean Heat Standard (Vetoed by Governor; veto sustained 99-51)
This bill proposes to establish the Clean Heat Standard to reduce Vermont’s greenhouse gas emissions from the thermal sector. The Clean Heat Standard shall be administered by the Public Utility Commission with assistance from the Clean Heat Standard Technical Advisory Group and the Equity Advisory Group. The Public Utility Commission must return to the legislature for approval prior to implementing a Clean Heat Standard program.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
Week 17 of the Vermont Legislative Session – May 6, 2022
On Monday the Statehouse was as quiet as a mouse. Certainly, no fuss or rush to finish up bills and adjourn this week. Only one committee met, that being the Committee of Conference tasked with finalizing the budget, which of course, did not come to consensus. Governor Phil Scott, a man of his word, articulated his distaste for the pension reform bill that landed on his desk the previous Friday and made his point with a late afternoon veto. It was very clear that this action ruffled many feathers and swift action was taken on Wednesday in the Senate as they unanimously voted 30-0 to override the negative stroke of the Governor’s pen. The House followed suit with a unanimous vote of their own on Friday.
Keeping with a well-known tradition, although they often ‘plead the fifth’ to this action, one can occasionally catch legislators frantically huddling in corners for private deal making. Sneaky little buggars! All part of the end of the session game and honestly, where much of Vermont legislation is mashed together and formed into laws.
Another end of a biennium ritual comes from Senators and Representatives announcing that they are moving on to other things, leaving their vacated seats open which starts the frantic push for the upcoming campaign season, which we all love, right?!
Legislators are dropping like flies under the Golden Dome. This week we found many of them working from home with their little zoom squares sipping on some sweet tea, or something like that. Leadership was getting a little nervous that the slimmed down group of legislators in the building may affect the outcome of critical legislation, so this hurry up and wait is not making them happy.
This week also brought another resignation from a well-known name, Attorney General TJ Donovan, saying that after 16 years, he needs a break. No clear vision of where he might be going but if one were placing bets, I’d say it won’t be the last time we see his name in the news.
This is likely not a surprise to many but after reloading the veto pen with ink, Governor Scott swiftly put a stop to the recently passed ‘Clean Heat Standard, H.715’.
In his letter he had the backing of his own Joint Fiscal Office siting unknown costs and impacts and had this to say:
“It is too soon to estimate the impact on Vermont’s economy, households, and businesses. The way in which the Clean Heat Standard is implemented, including the way in which clean heat credits are priced and how incentives or subsidies are offered to households and businesses, must be established before meaningful analysis is possible. At the same time, those incentives or subsidies could be costly for the State, suggesting larger fiscal impacts in future years.”
With the intention of next week being the last week of the session, legislators are getting serious and will roll up their sleeves and begin their legislating duties on Monday instead of the typical Tuesday. The end is near… but really, is it?
H.466 An act relating to surface water withdrawals and interbasin transfers (passed Senate with furtherproposal)
This bill proposes to regulate surface water withdrawals and inter basin transfers of surface water occurring in the State. The Senate voted in favor of the Senate Agriculture amendments which does the following:
S.258 An act relating to agricultural water quality, enforcement, and dairy farming (Passed House & Senate)
This bill proposes to require the Secretary of Agriculture, Food and Markets to evaluate the sufficiency of the Required Agricultural Practices (RAPs) to determine if the requirements and practices under the RAPs are adequate to address increased climate change-induced precipitation in a manner that protects soil resources and prevents harmful runoff of nutrient pollution to State waters.
The House Agriculture Committee amended the bill to include new “Right to Farm” language. It strengthens Vermont’s current and rather weak “Right to Farm” law. Instead of trying to change Agriculture Activities, it adds a new definition of “Agricultural Activity”. This is a step in the right direction to protecting farmers with the ability for growth in future years. The amendment as voted out of committee can be foundhere.
The House Committee on Appropriations passed an amendment to have the AAFM pay for the compensation of the Revitalizing Dairy Task Force, instead of the General Assembly. That amendment can be found here. The House passed the bill and sent it back to the Senate.
H.626 An act relating to the sale, use, or application of neonicotinoid pesticides (voted out of Sen Ag 5-0)
The Secretary of Agriculture, Food and Markets, after consultation with the Agricultural Innovation Board, shall adopt by rule BMPs for the use in the State of neonicotinoid treated article seeds. In developing the rules with the Agricultural Innovation Board, the Secretary shall address:
H.697 An act relating to eligibility of reserve forestland for enrollment in the Use Value Appraisal Program (SNR amendment)
This bill proposes to authorize enrollment of reserve forestland in the Use Value Appraisal Program as a new category of managed forestland where active growing and harvesting of forest crops would not be required.
Senate Natural Resources amendments to bill:
Senate Finance moved the bill favorably as recommended by Senate Natural Resources and Energy. The Senate will vote on the bill next week; it will have to return to the House for concurrence prior to the end of session.
S.234 An act relating to changes to Act 250
The Senate concurred with the House proposal of amendment on changes to Act 250, including adding language from H.492 which sets up a new structure of governance for the Act 250 program. This bill and many that preceded it, has been a controversial issue throughout the session. It is unclear at this time if the Governor will strike this down. Click here to view the as passed version.
H.446 - An act relating to miscellaneous natural resources and development subjects (up for action in Senate)
The bill includes:
H.559 An act relating to workers’ compensation (passed House, up for action in Senate)
This annual bill sets the workers’ compensation rate of contribution. The rate of contribution for premiums for FY2023 is set at 1.5%, a 10th of a percent increase from FY2022. The rate for self-insured workers’ compensation losses and workers’ compensation losses for corporations remains at 1%. The bill passed the House and is in the Senate for concurrence.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
On Monday the Statehouse was as quiet as a mouse. Certainly, no fuss or rush to finish up bills and adjourn this week. Only one committee met, that being the Committee of Conference tasked with finalizing the budget, which of course, did not come to consensus. Governor Phil Scott, a man of his word, articulated his distaste for the pension reform bill that landed on his desk the previous Friday and made his point with a late afternoon veto. It was very clear that this action ruffled many feathers and swift action was taken on Wednesday in the Senate as they unanimously voted 30-0 to override the negative stroke of the Governor’s pen. The House followed suit with a unanimous vote of their own on Friday.
Keeping with a well-known tradition, although they often ‘plead the fifth’ to this action, one can occasionally catch legislators frantically huddling in corners for private deal making. Sneaky little buggars! All part of the end of the session game and honestly, where much of Vermont legislation is mashed together and formed into laws.
Another end of a biennium ritual comes from Senators and Representatives announcing that they are moving on to other things, leaving their vacated seats open which starts the frantic push for the upcoming campaign season, which we all love, right?!
Legislators are dropping like flies under the Golden Dome. This week we found many of them working from home with their little zoom squares sipping on some sweet tea, or something like that. Leadership was getting a little nervous that the slimmed down group of legislators in the building may affect the outcome of critical legislation, so this hurry up and wait is not making them happy.
This week also brought another resignation from a well-known name, Attorney General TJ Donovan, saying that after 16 years, he needs a break. No clear vision of where he might be going but if one were placing bets, I’d say it won’t be the last time we see his name in the news.
This is likely not a surprise to many but after reloading the veto pen with ink, Governor Scott swiftly put a stop to the recently passed ‘Clean Heat Standard, H.715’.
In his letter he had the backing of his own Joint Fiscal Office siting unknown costs and impacts and had this to say:
“It is too soon to estimate the impact on Vermont’s economy, households, and businesses. The way in which the Clean Heat Standard is implemented, including the way in which clean heat credits are priced and how incentives or subsidies are offered to households and businesses, must be established before meaningful analysis is possible. At the same time, those incentives or subsidies could be costly for the State, suggesting larger fiscal impacts in future years.”
With the intention of next week being the last week of the session, legislators are getting serious and will roll up their sleeves and begin their legislating duties on Monday instead of the typical Tuesday. The end is near… but really, is it?
H.466 An act relating to surface water withdrawals and interbasin transfers (passed Senate with further
This bill proposes to regulate surface water withdrawals and inter basin transfers of surface water occurring in the State. The Senate voted in favor of the Senate Agriculture amendments which does the following:
- Increased the threshold for required reporting for surface water withdrawals – now 10kgal/24 hours
- Exempted agriculture from a future permit program
- Allows ANR to issue a general permit (10-years) for State and municipal infrastructure projects
S.258 An act relating to agricultural water quality, enforcement, and dairy farming (Passed House & Senate)
This bill proposes to require the Secretary of Agriculture, Food and Markets to evaluate the sufficiency of the Required Agricultural Practices (RAPs) to determine if the requirements and practices under the RAPs are adequate to address increased climate change-induced precipitation in a manner that protects soil resources and prevents harmful runoff of nutrient pollution to State waters.
- Clarifies “Good Standing” to make farmers eligible for any grant exclusively awarded by the Agency unless the applicant is in good standing with the Secretary on all grant agreements, contract awards, and enforcement proceedings at the time of the grant award.
- Defines “Waste” or “agricultural waste” means material originating or emanating from a farm or imported onto a farm that is determined by the Secretary or the Secretary of Natural Resources. The additional language is “imported” onto a farm. The Agency of Agriculture, Food and Markets (AAFM) testified that if being used as bedding they can move between farms if they manage it properly and this will not trigger a need for a permit but will be part of the manure generation calculation as part of their overall waste management as it relates to NMP.
- Adds to non-sewage waste to a farm for deposit in a manure pit or for use as an input in a methane digester to obtain approval from the Secretary prior to transporting the non-sewage waste to the farm. The Secretary may require a person to report to the Secretary at a designated time.
- Extends the Task Force to Revitalize the Vermont Dairy Industry and shall continue to exist and retain the authority granted until February 1, 2023
The House Agriculture Committee amended the bill to include new “Right to Farm” language. It strengthens Vermont’s current and rather weak “Right to Farm” law. Instead of trying to change Agriculture Activities, it adds a new definition of “Agricultural Activity”. This is a step in the right direction to protecting farmers with the ability for growth in future years. The amendment as voted out of committee can be found
The House Committee on Appropriations passed an amendment to have the AAFM pay for the compensation of the Revitalizing Dairy Task Force, instead of the General Assembly. That amendment can be found here. The House passed the bill and sent it back to the Senate.
The Secretary of Agriculture, Food and Markets, after consultation with the Agricultural Innovation Board, shall adopt by rule BMPs for the use in the State of neonicotinoid treated article seeds. In developing the rules with the Agricultural Innovation Board, the Secretary shall address:
- establishment of threshold levels of pest pressure required prior to use of neonicotinoid treated article seeds
- availability of nontreated article seeds that are not neonicotinoid treated article seeds
- economic impact from crop loss as compared to crop yield when neonicotinoid treated article seeds are used
- relative toxicities of different neonicotinoid treated article seeds and the effects of neonicotinoid treated article seeds on human health and the environment
- surveillance and monitoring techniques for in-field pest pressure
- ways to reduce pest harborage from conservation tillage practices; and
- criteria for a system of approval of neonicotinoid treated article seeds
- And when implementing the rules required, the Secretary of Agriculture, Food and Markets shall work with farmers, seed companies, and other relevant parties to ensure that farmers have access to appropriate varieties and amounts of untreated seed or treated seed that are not neonicotinoid treated article seeds.
- AAFM shall monitor pollinator health to establish benchmarks
- On or before March 1, 2024, the Secretary of Agriculture, Food, and Markets shall submit to the Senate Committee on Agriculture and the House Committee on Agriculture and Forestry a copy of the proposed rules required to be adopted
- On or before February 15, 2023, the Agricultural Innovation Board shall submit to the Senate Committee on Agriculture and the House Committee on Agriculture and Forestry a written report regarding whether best management practices (BMPs) should be adopted for the use of treated article seeds that are not neonicotinoid treated article seeds and report shall include:
- a summary of the Agricultural Innovation Board’s review of treated article seeds that are not neonicotinoid treated article seeds, including identification of treated article seeds that may have adverse effects on human health or the environment
- a recommendation of whether BMPs for treated article seeds that are not neonicotinoid treated article seeds should be adopted and whether they should be adopted by rule
- proposed BMPs for treated article seeds that are not neonicotinoid treated article seeds.
H.697 An act relating to eligibility of reserve forestland for enrollment in the Use Value Appraisal Program (
This bill proposes to authorize enrollment of reserve forestland in the Use Value Appraisal Program as a new category of managed forestland where active growing and harvesting of forest crops would not be required.
Senate Natural Resources amendments to bill:
- Eligibility criterion reversed: up to one hundred acres must have 50% of parcel made up of significant and sensitive conditions; over one hundred acres must be 30%.
- Bill includes a report seeking recommendations on how to promote long term enrollment of parcels reserved forests program and how to keep sensitive condition parcels enrolled if landowner wants to withdraw land from program.
Senate Finance moved the bill favorably as recommended by Senate Natural Resources and Energy. The Senate will vote on the bill next week; it will have to return to the House for concurrence prior to the end of session.
S.234 An act relating to changes to Act 250
The Senate concurred with the House proposal of amendment on changes to Act 250, including adding language from H.492 which sets up a new structure of governance for the Act 250 program. This bill and many that preceded it, has been a controversial issue throughout the session. It is unclear at this time if the Governor will strike this down. Click here to view the as passed version.
H.446 - An act relating to miscellaneous natural resources and development subjects (up for action in Senate)
The bill includes:
- H.501 - A bill that would put a moratorium on de-pack facilities beginning May 1, 2022
- Stakeholder group to make recommendations on the proper management of packaged organic materials beginning on July 1, 2022. CWS has a seat on the stakeholder group.
- Study on micro-plastics and PFAS in food packaging
- Rulemaking for food processing facilities
H.559 An act relating to workers’ compensation (passed House, up for action in Senate)
This annual bill sets the workers’ compensation rate of contribution. The rate of contribution for premiums for FY2023 is set at 1.5%, a 10th of a percent increase from FY2022. The rate for self-insured workers’ compensation losses and workers’ compensation losses for corporations remains at 1%. The bill passed the House and is in the Senate for concurrence.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
Week 16 of the Vermont Legislative Session – April 29, 2022
There is a definite “when are we getting out of here” buzz in the air as you weave in and out of the many nooks and crannies of the Statehouse. May 6th has become the bullseye target date for many, but reality will play a part and likely catapult the date further out than that. If you watch and listen carefully while wandering about under the Golden Dome, bickering and eye rolling is plentiful as legislation gets stripped down or bulked up in the final weeks as amendments are formulated and presented. As is the norm during a legislative session, particularly as the session winds down, there is good, bad, and ugly that bubbles to the surface. During the compilation of this writing, a rumor began swirling about while standing in the lunch line of course. It appears the folks that are tasked with keeping all the legislators, staff, and members of the public content with a full belly, have been told to stand at the ready for a possible adjournment of May 13th. And, at almost the same time, another rumor was circling indicating legislators may opt to take a week off and then return. Your guess is as good as the next person’s - Anybody know where Waldo is?
This week Governor Scott switched gears and held his weekly press conference at what was dubbed as “Vermont’s Largest Job Fair”. For the two years leading up to this week, these gatherings primarily focused on the COVID-19 pandemic. This week he took to the podium to promote the many trades jobs available in Vermont and to champion proposals to reverse Vermont’s workforce shortage. The Governor again poked holes in the current budget that the legislature has formulated thus far. He has been sounding the alarm all along that they are heading in the wrong direction and had this to say.
“We cannot afford to miss this opportunity. We need to get this right. So in the last few weeks of the session, Vermonters can count on me and my team to continue pushing to make the most of this moment, and invest in the priorities that will set us up for long term success, not just place bridges and Band-Aids on government programs.”
The budget bill currently rests in the hands of a Conference Committee which is comprised of six legislators. As always, the size of the bill is staggering, 191 pages with a Senate amendment filling out 115 pages. On Wednesday the committee began the monstrous task of going through the bill with the goal of reaching a compromise. Time will tell if they take the Governor serious and make the necessary adjustments that will pass muster with him.
A big question on the minds of many is whether Phil Scott will make another run for Governor in the upcoming election in November. It has become clear that anyone with aspirations of becoming the next leader of Vermont would have to mount a gargantuan effort to topple the king of the hill. Governor Scott has not made a definite peep yet as to his plans, but as the legislative session winds down, we will all know soon. If he intends to remain Vermont’s top dog, the candidate pool for Governor will likely be thin, understanding it would be very unlikely Scott would be knocked off the podium.
H.715 An act relating to the Clean Heat Standard
This bill proposes to establish the Clean Heat Standard to reduce Vermont’s greenhouse gas emissions from the thermal sector. The Clean Heat Standard shall be administered by the Public Utility Commission with assistance from the Clean Heat Standard Technical Advisory Group and the Equity Advisory Group.
After lengthy debate and a failed attempt by Senator Kesha Ram Hinsdale (D-Chittenden) to amend the bill by restricting Biofuels and renewable natural gas, the Senate passed the bill on Friday. But thanks to the check back amendment, a Clean Heat Standard will not be implemented unless the Legislature approves the program in 2024. The bill returns to the House next week.
H.697 An act relating to eligibility of reserve forestland for enrollment in the Use Value Appraisal Program
This bill proposes to authorize enrollment of reserve forestland in the Use Value Appraisal Program as a new category of managed forestland where active growing and harvesting of forest crops would not be required. The bill would add approximately 230K acres of eligible reserve forest land to the Use Value Appraisal Program. The bill was referred to Senate Finance for impact to State revenue.
Senate Natural Resources amendments to bill:
here for the SNR amendment and here for the House passed version.
H.466 An act relating to surface water withdrawals and interbasin transfers
This bill proposes to regulate surface water withdrawals and inter basin transfers of surface water occurring in the State.
By a vote of 5-0 in favor, Senate Agriculture amended the bill to include:
here to view the bill as recommended by Senate Agriculture.
S.234 An act relating to changes to Act 250
This bill proposes to make multiple amendments to the State land use and development law, Act 250.
House Appropriations and House Ways and Means moved the bill favorably. However, four members of House Appropriations did not support the bill due to changes to governance of the Natural Resources Board. The bill will likely be taken up next week in the House. Click here to view the bill as recommended by House Natural Resources Fish and Wildlife.
S.258 An act relating to agricultural water quality, enforcement, and dairy farming
This bill proposes to require the Secretary of Agriculture, Food and Markets to evaluate the sufficiency of the Required Agricultural Practices (RAPs) to determine if the requirements and practices under the RAPs are adequate to address increased climate change-induced precipitation in a manner that protects soil resources and prevents harmful runoff of nutrient pollution to State waters.
The House Agriculture Committee amended the bill to include new “Right to Farm” language. It strengthens Vermont’s current and rather weak “Right to Farm” law. Instead of trying to change Agriculture Activities, it adds a new definition of “Agricultural Activity”. This is a step in the right direction to protecting farmers with the ability for growth in future years. The amendment as voted out of committee can be foundhere.
The House Committee on Appropriations reviewed the bill and passed an amendment to have the Agency of Agriculture, Food and Markets (AAFM) pay for the compensation of the Revitalizing Dairy Task Force, instead of the General Assembly. The amendment as voted out of Appropriations can be found here. Action was postponed until May 3rd.
H.446 - An act relating to miscellaneous natural resources and development subjects
A miscellaneous bill which the Senate had not acted on was utilized as a path forward to pull together a study on plastics. Also included:
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
There is a definite “when are we getting out of here” buzz in the air as you weave in and out of the many nooks and crannies of the Statehouse. May 6th has become the bullseye target date for many, but reality will play a part and likely catapult the date further out than that. If you watch and listen carefully while wandering about under the Golden Dome, bickering and eye rolling is plentiful as legislation gets stripped down or bulked up in the final weeks as amendments are formulated and presented. As is the norm during a legislative session, particularly as the session winds down, there is good, bad, and ugly that bubbles to the surface. During the compilation of this writing, a rumor began swirling about while standing in the lunch line of course. It appears the folks that are tasked with keeping all the legislators, staff, and members of the public content with a full belly, have been told to stand at the ready for a possible adjournment of May 13th. And, at almost the same time, another rumor was circling indicating legislators may opt to take a week off and then return. Your guess is as good as the next person’s - Anybody know where Waldo is?
This week Governor Scott switched gears and held his weekly press conference at what was dubbed as “Vermont’s Largest Job Fair”. For the two years leading up to this week, these gatherings primarily focused on the COVID-19 pandemic. This week he took to the podium to promote the many trades jobs available in Vermont and to champion proposals to reverse Vermont’s workforce shortage. The Governor again poked holes in the current budget that the legislature has formulated thus far. He has been sounding the alarm all along that they are heading in the wrong direction and had this to say.
“We cannot afford to miss this opportunity. We need to get this right. So in the last few weeks of the session, Vermonters can count on me and my team to continue pushing to make the most of this moment, and invest in the priorities that will set us up for long term success, not just place bridges and Band-Aids on government programs.”
The budget bill currently rests in the hands of a Conference Committee which is comprised of six legislators. As always, the size of the bill is staggering, 191 pages with a Senate amendment filling out 115 pages. On Wednesday the committee began the monstrous task of going through the bill with the goal of reaching a compromise. Time will tell if they take the Governor serious and make the necessary adjustments that will pass muster with him.
A big question on the minds of many is whether Phil Scott will make another run for Governor in the upcoming election in November. It has become clear that anyone with aspirations of becoming the next leader of Vermont would have to mount a gargantuan effort to topple the king of the hill. Governor Scott has not made a definite peep yet as to his plans, but as the legislative session winds down, we will all know soon. If he intends to remain Vermont’s top dog, the candidate pool for Governor will likely be thin, understanding it would be very unlikely Scott would be knocked off the podium.
H.715 An act relating to the Clean Heat Standard
This bill proposes to establish the Clean Heat Standard to reduce Vermont’s greenhouse gas emissions from the thermal sector. The Clean Heat Standard shall be administered by the Public Utility Commission with assistance from the Clean Heat Standard Technical Advisory Group and the Equity Advisory Group.
After lengthy debate and a failed attempt by Senator Kesha Ram Hinsdale (D-Chittenden) to amend the bill by restricting Biofuels and renewable natural gas, the Senate passed the bill on Friday. But thanks to the check back amendment, a Clean Heat Standard will not be implemented unless the Legislature approves the program in 2024. The bill returns to the House next week.
H.697 An act relating to eligibility of reserve forestland for enrollment in the Use Value Appraisal Program
This bill proposes to authorize enrollment of reserve forestland in the Use Value Appraisal Program as a new category of managed forestland where active growing and harvesting of forest crops would not be required. The bill would add approximately 230K acres of eligible reserve forest land to the Use Value Appraisal Program. The bill was referred to Senate Finance for impact to State revenue.
Senate Natural Resources amendments to bill:
- Eligibility criterion reversed: up to one hundred acres must have 50% of parcel made up of significant and sensitive conditions; over one hundred acres must be 30%.
- Bill includes a report seeking recommendations on how to promote long term enrollment of parcels reserved forests program and how to keep sensitive condition parcels enrolled if a landowner wants to withdraw land from program.
H.466 An act relating to surface water withdrawals and interbasin transfers
This bill proposes to regulate surface water withdrawals and inter basin transfers of surface water occurring in the State.
By a vote of 5-0 in favor, Senate Agriculture amended the bill to include:
- All surface water withdrawals over 10Kgals/day or 150Kgal/month required to report beginning 1/2023
- Withdrawals over 50Kgal/day or over 1.5Ngal/month metered or approved measured method
- ANR to develop a permit program for non-agricultural withdrawals
- ANR will issue a General Permit for municipal and State infrastructure projects – 10-yr permit
- Permit program begins July 2026
S.234 An act relating to changes to Act 250
This bill proposes to make multiple amendments to the State land use and development law, Act 250.
House Appropriations and House Ways and Means moved the bill favorably. However, four members of House Appropriations did not support the bill due to changes to governance of the Natural Resources Board. The bill will likely be taken up next week in the House. Click here to view the bill as recommended by House Natural Resources Fish and Wildlife.
S.258 An act relating to agricultural water quality, enforcement, and dairy farming
This bill proposes to require the Secretary of Agriculture, Food and Markets to evaluate the sufficiency of the Required Agricultural Practices (RAPs) to determine if the requirements and practices under the RAPs are adequate to address increased climate change-induced precipitation in a manner that protects soil resources and prevents harmful runoff of nutrient pollution to State waters.
- Adds a clarification on “Good Standing” to make farmers eligible for any grant exclusively awarded by the Agency unless the applicant is in good standing with the Secretary on all grant agreements, contract awards, and enforcement proceedings at the time of the grant award.
- Defines “Waste” or “agricultural waste” means material originating or emanating from a farm or imported onto a farm that is determined by the Secretary or the Secretary of Natural Resources. The additional language is “imported” onto a farm. The Agency of Agriculture, Food and Markets testified that if being used as bedding they can move between farms if they manage it properly and this will not trigger a need for a permit but will be part of the manure generation calculation as part of their overall waste management as it relates to NMP.
- Adds to non-sewage waste to a farm for deposit in a manure pit or for use as an input in a methane digester to obtain approval from the Secretary prior to transporting the non-sewage waste to the farm. The Secretary may require a person to report to the Secretary at a designated time.
- Extends the Task Force to Revitalize the Vermont Dairy Industry and shall continue to exist and retain the authority granted until February 1, 2023
The House Agriculture Committee amended the bill to include new “Right to Farm” language. It strengthens Vermont’s current and rather weak “Right to Farm” law. Instead of trying to change Agriculture Activities, it adds a new definition of “Agricultural Activity”. This is a step in the right direction to protecting farmers with the ability for growth in future years. The amendment as voted out of committee can be found
The House Committee on Appropriations reviewed the bill and passed an amendment to have the Agency of Agriculture, Food and Markets (AAFM) pay for the compensation of the Revitalizing Dairy Task Force, instead of the General Assembly. The amendment as voted out of Appropriations can be found here. Action was postponed until May 3rd.
A miscellaneous bill which the Senate had not acted on was utilized as a path forward to pull together a study on plastics. Also included:
- H.501 - A bill that would put a moratorium on de-pack facilities beginning May 1, 2022
- Stakeholder group to make recommendations on the proper management of packaged organic materials beginning on July 1, 2022. CWS has a seat on the stakeholder group.
- Study on micro-plastics and PFAS in food packaging
- Rulemaking for food processing facilities
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
Week 15 of the Vermont Legislative Session – April 22, 2022
This week started with the Governor releasing 3 back-to-back statements regarding the Senate passed Budget, the Legislature’s pension bill, and a new report highlighting economic benefits of tax increment financing. Regarding the pension bill, the Governor was less than impressed with what he termed as the “closed room deal” that led to this current bill. He stated, “I know it’s easy to just claim victory and go home. As I’ve said, the easiest thing for me to do politically would be to sign the bill, sing ‘kumbaya,’ and sleep easy knowing that it won’t be me or many of the current legislators who have to deal with this again in five to 10 years.”
The Budget Dance continues between the House, the Senate, and the Governor. The Senate passed the budget, the earliest in recent history, and although “it made steps in the right direction” for the Governor, it may not be enough to keep him from pulling out his veto pen. The bill will go into a Committee of Conference where the differences will be hashed out between members of the House & Senate.
Regarding the budget… the Governor expressed some rather strong thoughts during his weekly presser. He had this to say to sum it up. “While the Senate version has moved in the right direction, it still doesn’t make the most of the unprecedented opportunity we have before us. But fortunately, there’s still time to come together to make sure we are prioritizing long-term growth over short-term fixes.”
There are key differences between the Governor’s proposed budget and the Senate’s, such as funds for workforce training, recruitment, and retention; rural economy investments; tax cuts for seniors and making Vermont more affordable for young workers.
Seems quite clear the notion of “kumbaya” won’t be applied with this bill until the legislature gives in to what the Governor has recommended and stands firmly behind his beliefs of how to use the influx of federal funds in order to strengthen Vermont’s economy as well as making it more affordable.
Governor Scott’s veto pen appears locked and loaded for when some of the highly political bills land on his desk if significant language changes are not incorporated. On a happier note, the Governor signed several bills into law this week, including a couple of charter changes, one of which created a new city. The Governor stated, “I know this issue has been the subject of debate for decades, and I’m happy to see a resolution. Congratulations to the people of Essex Junction on the establishment of Vermont’s newest city.”
The ink continued to flow from the executive pen on Thursday as several more bills were signed into law including S.113, Medical Monitoring. Governor Scott issued this statement:
“I appreciate the Legislature for working towards a solution on this legislation, in particular Senator Sears and the Bennington County delegation. I know we’ve had differences on this issue in the past, but this result is a good example of how we can work to address each other’s concerns and get to ‘yes.’ That’s what good government is about.”
Those watching the legislative proceedings over zoom may have noticed additional boxes on their screen from more legislators being impacted by Covid and having to participate remotely. Friday’s Covid infection numbers were still climbing including 57 hospitalizations. By the end of the week the Statehouse was requiring masks again in committee rooms due to the rising numbers. In addition to the need to switch gears from legislating to campaigning, this is likely another incentive for leadership to speed up the pace and get to the end of the session.
A little gambling activity is occurring under the Golden Dome, as is common practice toward the end of the session. Bets are being made for when adjournment will occur. Some are staying strong on Senate Leadership’s May 6th projection while other more senior legislators have bets extending adjournment into the last week in May. Some have even commented that they are preparing to postpone their summer vacation plans with the impending and probable veto session that may be scheduled.
Several committees, feeling the crunch, will be meeting on Monday to help move critical legislation along.
H.740 FY 2023 Budget “Big Bill”
The Senate passed an $8 billion dollar budget which Governor Scott has said is better than the House, but not good enough. The Senate boasts that it supports working families prioritizes investments in housing, mental health and disability services, workforce and economic development, and higher education. The bill passed 28-2.
Senate budget proposal includes:
Key investments across House and Senate:
S.226 An act relating to expanding access to safe and affordable housing (action delayed)
This bill proposes to increase the supply of affordable housing in Vermont, promote homeownership, and broaden housing opportunities for Vermonters.
Key provisions:
The House General, Housing & Military Affairs Committee amended the bill by removing the sections related to Act 250. Several of those sections were added to S.234 by House Natural Resources, Fish and Wildlife. The bill is pending action by House Appropriations next week.
H.715 An act relating to the Clean Heat Standard (action delayed)
This bill proposes to establish the Clean Heat Standard to reduce Vermont’s greenhouse gas emissions from the thermal sector. The Clean Heat Standard shall be administered by the Public Utility Commission with assistance from the Clean Heat Standard Technical Advisory Group and the Equity Advisory Group.
The Senate Appropriations Committee opposed the bill as amended by Senate Natural Resources and Energy and requested an amendment to require the Public Utility Commission to report back to the Legislature prior to implementing a Clean Heat Standard program. Previously in the House, Representatives Harrison (R-Rutland/Windsor), Fagan (R-Rutland) and Murphy (I-Franklin) offered a similar amendment, but it was voted down. Senate Appropriations will return to H.715. Click here to view the bill as amended by Senate Natural Resources and Energy.
S.234 An act relating to changes to Act 250 (up for action in the House)
House Natural Resources, Fish and Wildlife voted favorably to amend which includes:
The Committee did not include the Road Rule and removed changes to Wastewater Connection permits. Despite attempts to simplify the Act 250 process the bill still creates a more complicated process for the appeals and adds another criterion for Act 250. The Governor has not expressed support for the proposal to restructure the Natural Resources Board and would like to see no Act 250 necessary for housing development in Designated areas.
Both House Appropriations and House Ways & Means Committees will need to review the bill.
H.606 An act relating to community resilience and biodiversity protection (up for action)
This bill proposes to establish State goals of conserving 30 percent of the land of the State by 2030 and 50 percent by 2050. Senate Natural Resources and Energy voted in favor of the bill as passed by the House.
H.466 An act relating to surface water withdrawals and interbasin transfers
The Senate Agriculture Committee introduced an amendment which increases the reporting threshold to 10K gallons per day and clarifies agriculture exemptions from future permit program. The Committee will likely vote on a final draft on Tuesday. They did not amend any sections that were not related to agriculture.
S.258 An act relating to agricultural water quality, enforcement, and dairy farming
This bill proposes to require the Secretary of Agriculture, Food and Markets to evaluate the sufficiency of the Required Agricultural Practices (RAPs) to determine if the requirements and practices under the RAPs are adequate to address increased climate change-induced precipitation in a manner that protects soil resources and prevents harmful runoff of nutrient pollution to State waters.
The House Agriculture Committee reviewed an amendment to this bill which does not alter the underling bill, but instead includes new “Right to Farm” language. This amendment strengthens Vermont’s current and rather weak “Right to Farm” law. Instead of trying to change the Agriculture Activities the amendment adds a new definition of “Agricultural Activity”. This amendment is a step in the right direction to protecting farmers with the ability for growth in future years. The House Agriculture Committee passed the bill out unanimously and will head to the floor next week. The amendment as voted out of committee can be foundhere.
H.697 An act relating to eligibility of reserve forestland for enrollment in the Use Value Appraisal Program
This bill proposes to authorize enrollment of reserve forestland in the Use Value Appraisal Program as a new category of managed forestland where active growing and harvesting of forest crops would not be required. The bill would add approximately 230K acres of eligible reserve forest land to the Use Value Appraisal Program.
Senate Natural Resources and Energy will resume work on the bill next week.
H.501 An act relating to physical contaminant standards for residual waste, digestate, and soil amendments
Strike-All amendment under consideration is in the Senate Natural Resources Committee. Testimony will continue Monday afternoon. Clickhere to view amendment.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
This week started with the Governor releasing 3 back-to-back statements regarding the Senate passed Budget, the Legislature’s pension bill, and a new report highlighting economic benefits of tax increment financing. Regarding the pension bill, the Governor was less than impressed with what he termed as the “closed room deal” that led to this current bill. He stated, “I know it’s easy to just claim victory and go home. As I’ve said, the easiest thing for me to do politically would be to sign the bill, sing ‘kumbaya,’ and sleep easy knowing that it won’t be me or many of the current legislators who have to deal with this again in five to 10 years.”
The Budget Dance continues between the House, the Senate, and the Governor. The Senate passed the budget, the earliest in recent history, and although “it made steps in the right direction” for the Governor, it may not be enough to keep him from pulling out his veto pen. The bill will go into a Committee of Conference where the differences will be hashed out between members of the House & Senate.
Regarding the budget… the Governor expressed some rather strong thoughts during his weekly presser. He had this to say to sum it up. “While the Senate version has moved in the right direction, it still doesn’t make the most of the unprecedented opportunity we have before us. But fortunately, there’s still time to come together to make sure we are prioritizing long-term growth over short-term fixes.”
There are key differences between the Governor’s proposed budget and the Senate’s, such as funds for workforce training, recruitment, and retention; rural economy investments; tax cuts for seniors and making Vermont more affordable for young workers.
Seems quite clear the notion of “kumbaya” won’t be applied with this bill until the legislature gives in to what the Governor has recommended and stands firmly behind his beliefs of how to use the influx of federal funds in order to strengthen Vermont’s economy as well as making it more affordable.
Governor Scott’s veto pen appears locked and loaded for when some of the highly political bills land on his desk if significant language changes are not incorporated. On a happier note, the Governor signed several bills into law this week, including a couple of charter changes, one of which created a new city. The Governor stated, “I know this issue has been the subject of debate for decades, and I’m happy to see a resolution. Congratulations to the people of Essex Junction on the establishment of Vermont’s newest city.”
The ink continued to flow from the executive pen on Thursday as several more bills were signed into law including S.113, Medical Monitoring. Governor Scott issued this statement:
“I appreciate the Legislature for working towards a solution on this legislation, in particular Senator Sears and the Bennington County delegation. I know we’ve had differences on this issue in the past, but this result is a good example of how we can work to address each other’s concerns and get to ‘yes.’ That’s what good government is about.”
Those watching the legislative proceedings over zoom may have noticed additional boxes on their screen from more legislators being impacted by Covid and having to participate remotely. Friday’s Covid infection numbers were still climbing including 57 hospitalizations. By the end of the week the Statehouse was requiring masks again in committee rooms due to the rising numbers. In addition to the need to switch gears from legislating to campaigning, this is likely another incentive for leadership to speed up the pace and get to the end of the session.
A little gambling activity is occurring under the Golden Dome, as is common practice toward the end of the session. Bets are being made for when adjournment will occur. Some are staying strong on Senate Leadership’s May 6th projection while other more senior legislators have bets extending adjournment into the last week in May. Some have even commented that they are preparing to postpone their summer vacation plans with the impending and probable veto session that may be scheduled.
Several committees, feeling the crunch, will be meeting on Monday to help move critical legislation along.
H.740 FY 2023 Budget “Big Bill”
The Senate passed an $8 billion dollar budget which Governor Scott has said is better than the House, but not good enough. The Senate boasts that it supports working families prioritizes investments in housing, mental health and disability services, workforce and economic development, and higher education. The bill passed 28-2.
Senate budget proposal includes:
- $70 million in housing investments for the development of affordable and middle-income Housing.
- $80 million for weatherization
- $94 million for clean water
- 8% rate increase for community mental health providers under tremendous stress
- Almost $15 million to support the transformation and stabilization of the Vermont State College system, on top of $10million base increases to both the State Colleges and UVM
- More than $100 million in workforce and economic development funds to support hard-hit sectors of the economy
- Increased investments in:
- Treatment facilities and peer-support recovery centers for those experiencing substance use disorder around the state
- Courthouse security
- Childcare providers, Children’s Integrated Services, and parent child centers that to provide wraparound services and key prevention for families at risk
- Legal aid services related to health care and poverty law
Key investments across House and Senate:
- More than $200 million to address climate change, including $80 million for weatherization in low- and middle-income households
- $95 million in broadband connectivity
S.226 An act relating to expanding access to safe and affordable housing (action delayed)
This bill proposes to increase the supply of affordable housing in Vermont, promote homeownership, and broaden housing opportunities for Vermonters.
Key provisions:
- $1M for First-Generation Homebuyer Program
- $5M for Manufactured Home Improvement and Replacement Program
- Amendments to Downtown and Village Center Tax Credit Program – add Neighborhood Development Areas and include Qualified Flood Mitigation Projects
- $5M for Community Partnership for Neighborhood development for matching grants to large employers to provide employees housing, and matching grants for converting commercial property to residential use.
- $15M Missing Middle-Income Homeownership Pilot Program
- $400K for Mandatory Residential Construction Contractors registration with the Office of Professional Regulation and a Residential Contractor Consumer Assistance Program
- Creation of VT Land Access and Opportunity Board to promote social and racial equity in property ownership
The House General, Housing & Military Affairs Committee amended the bill by removing the sections related to Act 250. Several of those sections were added to S.234 by House Natural Resources, Fish and Wildlife. The bill is pending action by House Appropriations next week.
H.715 An act relating to the Clean Heat Standard (action delayed)
This bill proposes to establish the Clean Heat Standard to reduce Vermont’s greenhouse gas emissions from the thermal sector. The Clean Heat Standard shall be administered by the Public Utility Commission with assistance from the Clean Heat Standard Technical Advisory Group and the Equity Advisory Group.
The Senate Appropriations Committee opposed the bill as amended by Senate Natural Resources and Energy and requested an amendment to require the Public Utility Commission to report back to the Legislature prior to implementing a Clean Heat Standard program. Previously in the House, Representatives Harrison (R-Rutland/Windsor), Fagan (R-Rutland) and Murphy (I-Franklin) offered a similar amendment, but it was voted down. Senate Appropriations will return to H.715. Click here to view the bill as amended by Senate Natural Resources and Energy.
S.234 An act relating to changes to Act 250 (up for action in the House)
House Natural Resources, Fish and Wildlife voted favorably to amend which includes:
- H.492 An act relating to structure of the Natural Resources Board – all components folded into S.234 (estimated cost is $384K in first year)
- Raises cap on number of Priority Housing Projects (PHPs) exempt from Act 250 in small towns from twenty-five units to fifty units and simplifies permit or permit amendment for projects that include PHPs.
- Municipal land use permits expire after 2 years, not one
- Adds definitions related to forest blocks and connecting habitat to be used in Act 250 criterion.
- Grants for Municipal Bylaw modernization ($650K in FY2023)
The Committee did not include the Road Rule and removed changes to Wastewater Connection permits. Despite attempts to simplify the Act 250 process the bill still creates a more complicated process for the appeals and adds another criterion for Act 250. The Governor has not expressed support for the proposal to restructure the Natural Resources Board and would like to see no Act 250 necessary for housing development in Designated areas.
Both House Appropriations and House Ways & Means Committees will need to review the bill.
H.606 An act relating to community resilience and biodiversity protection (up for action)
This bill proposes to establish State goals of conserving 30 percent of the land of the State by 2030 and 50 percent by 2050. Senate Natural Resources and Energy voted in favor of the bill as passed by the House.
The Senate Agriculture Committee introduced an amendment which increases the reporting threshold to 10K gallons per day and clarifies agriculture exemptions from future permit program. The Committee will likely vote on a final draft on Tuesday. They did not amend any sections that were not related to agriculture.
S.258 An act relating to agricultural water quality, enforcement, and dairy farming
This bill proposes to require the Secretary of Agriculture, Food and Markets to evaluate the sufficiency of the Required Agricultural Practices (RAPs) to determine if the requirements and practices under the RAPs are adequate to address increased climate change-induced precipitation in a manner that protects soil resources and prevents harmful runoff of nutrient pollution to State waters.
- Adds a clarification on “Good Standing” to make farmers eligible for any grant exclusively awarded by the Agency unless the applicant is in good standing with the Secretary on all grant agreements, contract awards, and enforcement proceedings at the time of the grant award.
- Defines “Waste” or “agricultural waste” means material originating or emanating from a farm or imported onto a farm that is determined by the Secretary or the Secretary of Natural Resources. The additional language is “imported” onto a farm. The Agency of Agriculture, Food and Markets testified that if being used as bedding they can move between farms if they manage it properly and this will not trigger a need for a permit but will be part of the manure generation calculation as part of their overall waste management as it relates to NMP.
- Adds to non-sewage waste to a farm for deposit in a manure pit or for use as an input in a methane digester to obtain approval from the Secretary prior to transporting the non-sewage waste to the farm. The Secretary may require a person to report to the Secretary at a designated time.
- Extends the Task Force to Revitalize the Vermont Dairy Industry and shall continue to exist and retain the authority granted until February 1, 2023
The House Agriculture Committee reviewed an amendment to this bill which does not alter the underling bill, but instead includes new “Right to Farm” language. This amendment strengthens Vermont’s current and rather weak “Right to Farm” law. Instead of trying to change the Agriculture Activities the amendment adds a new definition of “Agricultural Activity”. This amendment is a step in the right direction to protecting farmers with the ability for growth in future years. The House Agriculture Committee passed the bill out unanimously and will head to the floor next week. The amendment as voted out of committee can be found
H.697 An act relating to eligibility of reserve forestland for enrollment in the Use Value Appraisal Program
This bill proposes to authorize enrollment of reserve forestland in the Use Value Appraisal Program as a new category of managed forestland where active growing and harvesting of forest crops would not be required. The bill would add approximately 230K acres of eligible reserve forest land to the Use Value Appraisal Program.
Senate Natural Resources and Energy will resume work on the bill next week.
H.501 An act relating to physical contaminant standards for residual waste, digestate, and soil amendments
Strike-All amendment under consideration is in the Senate Natural Resources Committee. Testimony will continue Monday afternoon. Click
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
Week 14 of the Vermont Legislative Session – April 15, 2022
Echoing throughout the Statehouse were Committee Chairs asking for limited testimony or wishing for written testimony to save time while asking themselves some familiar end of the session questions: Do we need this bill? Can we just request the department or agency do the work with a written directive? A clear signal of the session closing is when the Appropriations bill, known as the Big Bill, is voted out of the Senate Committee. From that point, there would be two weeks left in the session. Right now, it looks very much like years past, with some bills being left dormant in committee and some being shortened, offering a weaker policy than originally intended when introduced.
Senate President Becca Balint said again this week that committees will be shutting down next Friday and will only meet for amendments and conferences committees. The Speaker of the House said she is not scheduling a “veto session” so a lot of things need to come together quickly. A true sign of spring, the Statehouse is beginning to feel as though the 2022 session is truly winding down.
On Wednesday evening, the first debate for the open Vermont congressional seat was held. Earlier in the day the candidates were obviously preparing rather than legislating under the Golden dome. One Senator was voting on a bill from her car, others had left the Statehouse early. The debate itself was attended by Sen. Becca Balint, Sianay Chase Clifford, Lt. Gov. Molly Gray, and Sen. Kesha Ram Hinsdale. Each gave a brief background on themselves and then questions were asked about Ukraine, campaign finance, voting rights, guns, drugs, Republicans, and even a question about Congressman Welch. Whoever wins the primary in August will go on to the General Election in November. About 30 minutes into the two-hour debate both Lt. Governor, Molly Gray and Senator Becca Balint appeared to strap on a pair of boxing gloves and began sparring, trying to catch each other with iffy responses or challenging each other on their replies. Each candidate had a different style, some better prepared or groomed for such events, while others got caught a little flat footed on several occasions. This certainly makes for an unusual scenario seeing three of the four candidates buzzing around the Statehouse being cordial with one another, even if uncomfortable, but it is interesting to watch.
On Friday, the Appropriations Committee was finalizing their response to the House Budget bill. This effort will get H.740 into a Committee of Conference to iron out the details. The Senate bill currently contains $55 million in one-time funding which came from the federal stimulus bills. As of Friday, it was still unclear how much additional funding they would need to meet everyone’s goals. “Everyone” is being used lightly because if adjournment is imminent then bills will need to be reworked to garner the support of the Governor. In a year with the largest budget in the state’s history and possibly the largest education fund surplus of about $95 million, the Senate Committee on Finance was still looking to raise new revenue this week. The House budget came in at a $26 million deficit and that did not include the $50 million for the Child Tax credit which passed out of the House. Meanwhile, Senate Appropriations has asked Senate Finance to find an additional $40 million in revenue. As we have heard, the Governor rejects the idea that any new taxes are needed this year. It seems the Finance Committee may have landed on trimming the child tax credit from the House proposal. Only time will tell what the budget will shake out to be and how “veto-proof” it will be.
S.226 An act relating to expanding access to safe and affordable housing
This bill proposes to increase the supply of affordable housing in this State, promote homeownership, and broaden housing opportunities for Vermonters. The bill includes the creation of a registration licensing program for residential construction contractors.
House General voted 7-2-2 to move the bill as amended by the committee. The bill will likely need to visit other House committees prior to a vote by the House as a whole.
Click here to view the bill as amended by House General, Housing, and Military Affairs.
H.466 An act relating to surface water withdrawals and interbasin transfers
This bill proposes to regulate surface water withdrawals and interbasin transfers of surface water occurring in the State.
Senate Natural Resources and Energy voted 5-0 to amend the bill to appease the agricultural community but fell short of meeting their requests. The bill as voted out of committee requires reporting for withdrawals over 150K gallons in any 30-day period and allows the Agency of Natural Resources to implement a permit system in 2025. The Senate Agriculture Committee does have concerns about this bill and may offer an amendment. Clickhere to view the bill as passed out of Senate Natural Resources & Energy.
H.715 An act relating to the Clean Heat Standard
This bill proposes to establish the Clean Heat Standard to reduce Vermont’s greenhouse gas emissions from the thermal sector. The Clean Heat Standard shall be administered by the Public Utility Commission with assistance from the Clean Heat Standard Technical Advisory Group and the Equity Advisory Group.
Senate Natural Resources and Energy voted 4-1 to move the bill as amended. It will be reviewed by Senate Appropriations next week. Click here to view the bill as amended by Senate Natural Resources and Energy.
H.626 An act relating to the sale, use, or application of neonicotinoid pesticides
Neonicotinoids has become an annual conversation within the House & Senate Agriculture Committees. The bill passed the House in March, but the Senate is not seeing a reason to pass the bill at all.
The Senate Committee on Agriculture has taken extensive testimony on the matter of treated seeds and Vermont’s pollinators. Most of the Committee members believe there needs to be more research on untreated seeds, as well as what is killing the bees. The Committee plans to write a letter to the Agriculture Innovation Board to do this research and talk to all the interested parties.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
Echoing throughout the Statehouse were Committee Chairs asking for limited testimony or wishing for written testimony to save time while asking themselves some familiar end of the session questions: Do we need this bill? Can we just request the department or agency do the work with a written directive? A clear signal of the session closing is when the Appropriations bill, known as the Big Bill, is voted out of the Senate Committee. From that point, there would be two weeks left in the session. Right now, it looks very much like years past, with some bills being left dormant in committee and some being shortened, offering a weaker policy than originally intended when introduced.
Senate President Becca Balint said again this week that committees will be shutting down next Friday and will only meet for amendments and conferences committees. The Speaker of the House said she is not scheduling a “veto session” so a lot of things need to come together quickly. A true sign of spring, the Statehouse is beginning to feel as though the 2022 session is truly winding down.
On Wednesday evening, the first debate for the open Vermont congressional seat was held. Earlier in the day the candidates were obviously preparing rather than legislating under the Golden dome. One Senator was voting on a bill from her car, others had left the Statehouse early. The debate itself was attended by Sen. Becca Balint, Sianay Chase Clifford, Lt. Gov. Molly Gray, and Sen. Kesha Ram Hinsdale. Each gave a brief background on themselves and then questions were asked about Ukraine, campaign finance, voting rights, guns, drugs, Republicans, and even a question about Congressman Welch. Whoever wins the primary in August will go on to the General Election in November. About 30 minutes into the two-hour debate both Lt. Governor, Molly Gray and Senator Becca Balint appeared to strap on a pair of boxing gloves and began sparring, trying to catch each other with iffy responses or challenging each other on their replies. Each candidate had a different style, some better prepared or groomed for such events, while others got caught a little flat footed on several occasions. This certainly makes for an unusual scenario seeing three of the four candidates buzzing around the Statehouse being cordial with one another, even if uncomfortable, but it is interesting to watch.
On Friday, the Appropriations Committee was finalizing their response to the House Budget bill. This effort will get H.740 into a Committee of Conference to iron out the details. The Senate bill currently contains $55 million in one-time funding which came from the federal stimulus bills. As of Friday, it was still unclear how much additional funding they would need to meet everyone’s goals. “Everyone” is being used lightly because if adjournment is imminent then bills will need to be reworked to garner the support of the Governor. In a year with the largest budget in the state’s history and possibly the largest education fund surplus of about $95 million, the Senate Committee on Finance was still looking to raise new revenue this week. The House budget came in at a $26 million deficit and that did not include the $50 million for the Child Tax credit which passed out of the House. Meanwhile, Senate Appropriations has asked Senate Finance to find an additional $40 million in revenue. As we have heard, the Governor rejects the idea that any new taxes are needed this year. It seems the Finance Committee may have landed on trimming the child tax credit from the House proposal. Only time will tell what the budget will shake out to be and how “veto-proof” it will be.
S.226 An act relating to expanding access to safe and affordable housing
This bill proposes to increase the supply of affordable housing in this State, promote homeownership, and broaden housing opportunities for Vermonters. The bill includes the creation of a registration licensing program for residential construction contractors.
House General voted 7-2-2 to move the bill as amended by the committee. The bill will likely need to visit other House committees prior to a vote by the House as a whole.
Click here to view the bill as amended by House General, Housing, and Military Affairs.
H.466 An act relating to surface water withdrawals and interbasin transfers
This bill proposes to regulate surface water withdrawals and interbasin transfers of surface water occurring in the State.
Senate Natural Resources and Energy voted 5-0 to amend the bill to appease the agricultural community but fell short of meeting their requests. The bill as voted out of committee requires reporting for withdrawals over 150K gallons in any 30-day period and allows the Agency of Natural Resources to implement a permit system in 2025. The Senate Agriculture Committee does have concerns about this bill and may offer an amendment. Click
H.715 An act relating to the Clean Heat Standard
This bill proposes to establish the Clean Heat Standard to reduce Vermont’s greenhouse gas emissions from the thermal sector. The Clean Heat Standard shall be administered by the Public Utility Commission with assistance from the Clean Heat Standard Technical Advisory Group and the Equity Advisory Group.
Senate Natural Resources and Energy voted 4-1 to move the bill as amended. It will be reviewed by Senate Appropriations next week. Click here to view the bill as amended by Senate Natural Resources and Energy.
H.626 An act relating to the sale, use, or application of neonicotinoid pesticides
Neonicotinoids has become an annual conversation within the House & Senate Agriculture Committees. The bill passed the House in March, but the Senate is not seeing a reason to pass the bill at all.
The Senate Committee on Agriculture has taken extensive testimony on the matter of treated seeds and Vermont’s pollinators. Most of the Committee members believe there needs to be more research on untreated seeds, as well as what is killing the bees. The Committee plans to write a letter to the Agriculture Innovation Board to do this research and talk to all the interested parties.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
Week 13 of the Vermont Legislative Session – April 8, 2022
The General Assembly has funded themselves through May 13th, but Senate leadership is shooting for May 6th. In either scenario, committees would need to finish all bills no later than April 22nd. The Governor has raised issues with the Appropriations Bill, Capital Construction bill, spending on workforce and housing, and takes exception to the Legislature raising new revenue when Vermont has seen the biggest slog of money in decades from the federal government. When asking Legislators how much revenue they want to raise, some say “I think around $40 million”, but this week we have heard chatter in the range of as much as $120 million.
With an adjournment date zooming down the track at full speed toward legislators, some bills will not get the attention they deserve. One committee chair noted they had to vote out twelve bills in two weeks which means there will be minimal testimony to consider. If legislators don’t hear what they don’t know, then they won’t know, which makes it easier to grease the wheel and slide legislation through. Many bills appear to be intentionally aimed at getting Governor Scott on the record not supporting Vermont priorities such as free school meals, medical monitoring, climate change, and investing in workforce development and housing.
Although many priorities this session are quite similar between the Administration and legislators, it is coming down to how the money is spent and on what.
It has become crystal clear that Leadership in the upper chamber seems more focused on a run for the open Congressional seat versus on their main job of running the Senate, which they were elected to do. Social media has been bombarded with advertisement promoting candidates, some more than others.
Although currently in the thralls of an unprecedented session, given the abundant federal funds, a debate is planned for next week between four candidates, all of which are women, battling it out for the vacated seat of Congressman Peter Welch. Unlike in years past, the opportunity to catch some of these Leaders in the hall for a quick conversation, or to schedule a meeting, has evaporated with the announcements of their D.C. aspirations.
In an interesting and very rare move, the Senate held a vote to approve a member to preside over the Senate. Lieutenant Governor, Molly Gray is still out with Covid and President Pro Tempe, Becca Balint took time out to travel to Washington D.C. to attend a meeting with other LGBTQ congressional candidates endorsed by Equality PAC, according to Balint’s campaign manager Natalie Silver. Many observers in the Statehouse have said the Senate is on “cruise control” without consistent Leadership. Kudos to Majority Leader Senator Alison Clarkson for her continued task of keeping the Democratic caucus on a path to achieve their goals and to continue to step up and keep the Senate running.
The Senate Committee on Finance explored ways to find potential revenue, with ideas such as a sugar sweetened beverages tax. The Committee heard from the Commissioner of the Department of Taxes who stated very clearly that there is a record amount of money coming into the state and that because of this, the Governor is opposed to any sort of tax increase. The Chair of the Committee mentioned they were casually looking into the subject.
The revenue estimated on the suggested ‘sugar’ tax is $17.2M for a one-cent per ounce increase and $29M for a two-cent increase per ounce. The Chair noted that the $29M number “seemed nice” and could be the perfect fit to fund the free school lunch program.
And this on the heels of the House passing universal school meals, spending $30 million in one-time money. The Appropriations Committee reported they have received $70M more in funding requests than they have money for.
S.226 An act relating to expanding access to safe and affordable housing
This bill proposes to increase the supply of affordable housing in this State, promote homeownership, and broaden housing opportunities for Vermonters. The bill includes the creation of a registration licensing program for residential construction contractors.
The bill is under consideration in two House Committees: General, Housing & Military Affairs for sections on housing programs and residential contractor registry; Natural Resources, Fish & Wildlife for sections relating to permit reform and overlap with Act 250 regulation. Both committees will continue testimony next week.
S.268 An act relating to the Right to Farm
The House Agriculture Committee took testimony from the Vermont Dairy Producers Alliance and other farm groups. Legislative Council stated that the proposed bill would put Vermont in line with the most protective laws in the country. Vermont currently has a relatively weak law regarding this issue.
The bill proposes to update the current right to farm law to provide a farm shall not be a public or private nuisance under one or more of the following:
Clickhere for a comparison of S.268 as introduced to current law. Committees will continue to work on this next week and consider adding to another bill on a path to be passed.
H.466 An act relating to surface water withdrawals and interbasin transfers
After hearing concerns from the agricultural industry, Senate Natural Resources & Energy is proposing to amend the bill by changing the trigger threshold for required reporting of surface water withdrawals and excluding underground springs from the definition of “surface water.” Brian Carpenter, Chair of the Vermont Dairy Producers Alliance, testified that VDPA does not support the bill and raised concern about the State implementing another permit program for an already overburdened agricultural sector, and asked the Committee to consider gathering data first to assess the need or not for a permit program.
Senate Agriculture reviewed the bill with Ryan Patch, Agency of Agriculture Food and Markets. Both committees will continue discussing the bill early next week.
Clickhere to view the amendment proposed in Senate Natural Resources.
S.234 An act relating to changes to Act 250
This bill proposes to make multiple amendments to the State land use and development law, Act 250, including adding a jurisdictional trigger for roads and requiring the Natural Resources Board to look at Act 250 jurisdiction over agricultural businesses.
House Natural Resources, Fish and Wildlife continued review of the Senate passed bill at the same time as considering S.226, a housing bill which contains regulation related to Act 250. Testimony will continue next week.
S.113 Medical Monitoring (passed House on a voice vote)
This bill proposes to establish a cause of action for the remedy of medical monitoring for a person who is exposed to a proven toxic substance. In addition, the bill would provide that a person is liable for abating a release or threatened release of hazardous material and the costs of investigation, removal, and remedial actions incurred by the State if the person manufactured a hazardous material for commercial sale and knew or should have known that the material presented a threat of harm to human health or the natural environment.
We believe that Governor Scott will allow the bill to become law without his signature (approval). The bill will take effect on July 1, 2022.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
The General Assembly has funded themselves through May 13th, but Senate leadership is shooting for May 6th. In either scenario, committees would need to finish all bills no later than April 22nd. The Governor has raised issues with the Appropriations Bill, Capital Construction bill, spending on workforce and housing, and takes exception to the Legislature raising new revenue when Vermont has seen the biggest slog of money in decades from the federal government. When asking Legislators how much revenue they want to raise, some say “I think around $40 million”, but this week we have heard chatter in the range of as much as $120 million.
With an adjournment date zooming down the track at full speed toward legislators, some bills will not get the attention they deserve. One committee chair noted they had to vote out twelve bills in two weeks which means there will be minimal testimony to consider. If legislators don’t hear what they don’t know, then they won’t know, which makes it easier to grease the wheel and slide legislation through. Many bills appear to be intentionally aimed at getting Governor Scott on the record not supporting Vermont priorities such as free school meals, medical monitoring, climate change, and investing in workforce development and housing.
Although many priorities this session are quite similar between the Administration and legislators, it is coming down to how the money is spent and on what.
It has become crystal clear that Leadership in the upper chamber seems more focused on a run for the open Congressional seat versus on their main job of running the Senate, which they were elected to do. Social media has been bombarded with advertisement promoting candidates, some more than others.
Although currently in the thralls of an unprecedented session, given the abundant federal funds, a debate is planned for next week between four candidates, all of which are women, battling it out for the vacated seat of Congressman Peter Welch. Unlike in years past, the opportunity to catch some of these Leaders in the hall for a quick conversation, or to schedule a meeting, has evaporated with the announcements of their D.C. aspirations.
In an interesting and very rare move, the Senate held a vote to approve a member to preside over the Senate. Lieutenant Governor, Molly Gray is still out with Covid and President Pro Tempe, Becca Balint took time out to travel to Washington D.C. to attend a meeting with other LGBTQ congressional candidates endorsed by Equality PAC, according to Balint’s campaign manager Natalie Silver. Many observers in the Statehouse have said the Senate is on “cruise control” without consistent Leadership. Kudos to Majority Leader Senator Alison Clarkson for her continued task of keeping the Democratic caucus on a path to achieve their goals and to continue to step up and keep the Senate running.
The Senate Committee on Finance explored ways to find potential revenue, with ideas such as a sugar sweetened beverages tax. The Committee heard from the Commissioner of the Department of Taxes who stated very clearly that there is a record amount of money coming into the state and that because of this, the Governor is opposed to any sort of tax increase. The Chair of the Committee mentioned they were casually looking into the subject.
The revenue estimated on the suggested ‘sugar’ tax is $17.2M for a one-cent per ounce increase and $29M for a two-cent increase per ounce. The Chair noted that the $29M number “seemed nice” and could be the perfect fit to fund the free school lunch program.
And this on the heels of the House passing universal school meals, spending $30 million in one-time money. The Appropriations Committee reported they have received $70M more in funding requests than they have money for.
S.226 An act relating to expanding access to safe and affordable housing
This bill proposes to increase the supply of affordable housing in this State, promote homeownership, and broaden housing opportunities for Vermonters. The bill includes the creation of a registration licensing program for residential construction contractors.
The bill is under consideration in two House Committees: General, Housing & Military Affairs for sections on housing programs and residential contractor registry; Natural Resources, Fish & Wildlife for sections relating to permit reform and overlap with Act 250 regulation. Both committees will continue testimony next week.
S.268 An act relating to the Right to Farm
The House Agriculture Committee took testimony from the Vermont Dairy Producers Alliance and other farm groups. Legislative Council stated that the proposed bill would put Vermont in line with the most protective laws in the country. Vermont currently has a relatively weak law regarding this issue.
The bill proposes to update the current right to farm law to provide a farm shall not be a public or private nuisance under one or more of the following:
- The farm existed before a change in the land use in proximity to the farm, and if before that change in land use of the farm, the farm would not have been a nuisance
- The farm alleged to be a nuisance conforms to State and federal law
- The farm has been conducting the agricultural activity at issue for two or more years prior to the date a nuisance action has commenced
- Would provide that if a farm prevails in a nuisance suit brought against it, the court shall require the plaintiff to pay the actual amount of costs and expenses incurred by the farm in defense, including attorney’s fees.
Click
H.466 An act relating to surface water withdrawals and interbasin transfers
After hearing concerns from the agricultural industry, Senate Natural Resources & Energy is proposing to amend the bill by changing the trigger threshold for required reporting of surface water withdrawals and excluding underground springs from the definition of “surface water.” Brian Carpenter, Chair of the Vermont Dairy Producers Alliance, testified that VDPA does not support the bill and raised concern about the State implementing another permit program for an already overburdened agricultural sector, and asked the Committee to consider gathering data first to assess the need or not for a permit program.
Senate Agriculture reviewed the bill with Ryan Patch, Agency of Agriculture Food and Markets. Both committees will continue discussing the bill early next week.
Click
S.234 An act relating to changes to Act 250
This bill proposes to make multiple amendments to the State land use and development law, Act 250, including adding a jurisdictional trigger for roads and requiring the Natural Resources Board to look at Act 250 jurisdiction over agricultural businesses.
House Natural Resources, Fish and Wildlife continued review of the Senate passed bill at the same time as considering S.226, a housing bill which contains regulation related to Act 250. Testimony will continue next week.
S.113 Medical Monitoring (passed House on a voice vote)
This bill proposes to establish a cause of action for the remedy of medical monitoring for a person who is exposed to a proven toxic substance. In addition, the bill would provide that a person is liable for abating a release or threatened release of hazardous material and the costs of investigation, removal, and remedial actions incurred by the State if the person manufactured a hazardous material for commercial sale and knew or should have known that the material presented a threat of harm to human health or the natural environment.
We believe that Governor Scott will allow the bill to become law without his signature (approval). The bill will take effect on July 1, 2022.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
Week 12 of the Vermont Legislative Session – April 1, 2022
The need for additional revenue seemed to boggle the minds of many Statehouse insiders. Vermont has continuously acknowledged they are flush with money and has received $2.7 billion from the last two federal stimulus packages, but now needs more revenue. This is equal to what the Vermont State budget was just 15 years ago, today the budget as passed the House is over $8 billion. The third traunch of anticipated federal money, Build Back Better, was assumed to be passed before the end of the Vermont legislative session. However, that is looking less likely, so the legislature continues to look for additional revenue to fill the self-imposed budget gap.
On Wednesday, the Senate announced they are targeting May 6th to adjourn the session which would be two or more weeks short of a typical session. As much as that would make a lot of people giddy, it seems rather unlikely. When polling Legislators they had a couple of thoughts, “we always push to adjourn early, but it doesn’t happen”, “there is a lot of big campaigns that need to get started and those in those Congressional races have the ability to speed up adjournment”. Most believe that the full eighteen weeks will be needed to finalize the House & Senate differences on bills they deem “must-pass”. On Thursday, House Leadership stated they are aiming for a May 13th adjournment.
The Senate attempted to override a veto of H.361 which would have allowed kids aged 16 and 17 years old from Brattleboro to vote in local elections. Twenty votes were needed for the override, but it failed on a vote of 15 yeas, 12 nays.
S.113 Medical Monitoring (House advances Senate Bill)
This bill proposes to establish a cause of action for the remedy of medical monitoring for a person who is exposed to a proven toxic substance. In addition, the bill would provide that a person is liable for abating a release or threatened release of hazardous material and the costs of investigation, removal, and remedial actions incurred by the State if the person manufactured a hazardous material for commercial sale and knew or should have known that the material presented a threat of harm to human health or the natural environment.
The bill as passed by the Senate includes a Legal Standard which comes directly from Judge Crawford’s decision for a recent settlement for a medical monitoring remedy. The House Committee on Judiciary stated that this standard provides guidance for future cases.
No other State has put a statutory “cause of action” into state law for exposures. Accessing liability insurance for this potential risk may be difficult and potentially expensive, the underwriters will need to factor the exposure, business, and risk. Insurers typically have acted conservatively but this bill creates a whole new set of factors that no other states have taken on.
The bill allows the State of Vermont to directly sue a manufacturer of a chemical manufactured or sold in Vermont and contaminated facilities. This was specifically designed to go upstream to the actual source of the harm by adding a manufacturer to the “chain of liability”. If the bill becomes law, it will take effect on July 1, 2022. The Governor continues to state this bill is not needed.
S.234 An act relating to changes to Act 250
This bill proposes to make multiple amendments to the State land use and development law, Act 250, including adding a jurisdictional trigger for roads and requiring the Natural Resources Board to look at Act 250 jurisdiction over agricultural businesses.
House Natural Resources, Fish and Wildlife began an overview of the bill while also reviewing S.226, a housing bill passed by the Senate. Both bills include changes to Act 250 and land development regulation. Testimony included:
H.715 An act relating to the Clean Heat Standard
This bill proposes to establish the Clean Heat Standard to reduce Vermont’s greenhouse gas emissions from the thermal sector. The Clean Heat Standard shall be administered by the Public Utility Commission with assistance from the Clean Heat Standard Technical Advisory Group and the Equity Advisory Group.
The bill was referred to Senate Natural Resources and Energy who took testimony this week from advocates and opponents. Steve Crowley, Vermont Sierra Club, requested the bill be amended by asking the Technical Advisory Group to perform a comprehensive study of the impacts of scaling up biofuels, biomass energy, and renewable natural gas (RNG). Sierra Club supports small scale biomass energy, but regarding landfills, where 90% of renewable natural gas comes from, suggested the State look at limiting Vermont’s landfill natural gas to those places that had waste stream restrictions limiting or not allowing organics to better manage methane emissions at the source. The Committee will continue with testimony next week.
S.268 Right to Farm
Senator Corey Parent, Franklin District introduced the bill at the beginning of this year. The Senate did not take up the bill but was interested in having a report done off-session on state-by-state comparisons. Vermont currently is considered as having one of the weakest laws in the country.
The House Agriculture Committee has interest in the bill and received a walk through by the bill sponsor, Sen. Corey Parent. The nuisance complaints are expected to increase with more properties being bought sight unseen and then realize they are in close proximity to a cannabis or hemp growers in Vermont. The agricultural community needs better protections when they are operating in compliance with Vermont rules and regulations.
The goal for this session is to continue working on updating the law in preparation for next session. The Senate Judiciary Committee agreed to insert language into a bill that would require an evaluation of the current law and consider how that would have affected the recent court case in Addison County where a Judge ordered a dairy farm to reduce water runoff, manure odor impact on neighbors.
H.466 An act relating to surface water withdrawals and interbasin transfers
This bill proposes to regulate surface water withdrawals and interbasin transfers of surface water occurring in the State. During testimony last week, Senate Natural Resources and Energy heard from farmers raising concerns about the cost of installing meters and creating a permit program prior to gathering data on water withdrawals. The Committee did not take testimony this week but will return to the bill next week with a plan of voting it out by Friday, April 8th.
H.626 An act relating to the sale, use, or application of neonicotinoid pesticides (passed House)
This bill proposes to prohibit the use of the neonicotinoid pesticides until the Secretary of Agriculture, Food and Markets adopts rules for the sale, use, or application of neonicotinoid pesticides. If the Secretary fails to adopt the rules by July 1, 2024, the prohibition on the sale, use, or application of neonicotinoid pesticides would become permanent.
The Senate Committee on Agriculture took extensive testimony from Blue Spruce Farm, AgriMark, Syngenta, Seedway, Bourdeau Bros Inc., Feed Commodities, and Northeast Agribusiness and Feed Alliance as well as Champlain Valley Apiaries. Testimony will continue next week but the Senate Committee is not enthusiastic about the bill.
S.226 An act relating to expanding access to safe and affordable housing (Passed Senate)
This bill proposes to increase the supply of affordable housing in this State, promote homeownership, and broaden housing opportunities for Vermonters. The bill includes the creation of a registration licensing program for residential construction contractors.
The Senate worked with the Administration to find acceptable terms for the creating a residential contractor registration program and therefore voted to amend the bill by increasing the threshold from $5K to $10K for triggering the need to register and provide a written contract. The bill passed the Senate by a vote of 28-0 and is now in the hands of House General Housing, & Military Affairs for consideration.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
The need for additional revenue seemed to boggle the minds of many Statehouse insiders. Vermont has continuously acknowledged they are flush with money and has received $2.7 billion from the last two federal stimulus packages, but now needs more revenue. This is equal to what the Vermont State budget was just 15 years ago, today the budget as passed the House is over $8 billion. The third traunch of anticipated federal money, Build Back Better, was assumed to be passed before the end of the Vermont legislative session. However, that is looking less likely, so the legislature continues to look for additional revenue to fill the self-imposed budget gap.
On Wednesday, the Senate announced they are targeting May 6th to adjourn the session which would be two or more weeks short of a typical session. As much as that would make a lot of people giddy, it seems rather unlikely. When polling Legislators they had a couple of thoughts, “we always push to adjourn early, but it doesn’t happen”, “there is a lot of big campaigns that need to get started and those in those Congressional races have the ability to speed up adjournment”. Most believe that the full eighteen weeks will be needed to finalize the House & Senate differences on bills they deem “must-pass”. On Thursday, House Leadership stated they are aiming for a May 13th adjournment.
The Senate attempted to override a veto of H.361 which would have allowed kids aged 16 and 17 years old from Brattleboro to vote in local elections. Twenty votes were needed for the override, but it failed on a vote of 15 yeas, 12 nays.
S.113 Medical Monitoring (House advances Senate Bill)
This bill proposes to establish a cause of action for the remedy of medical monitoring for a person who is exposed to a proven toxic substance. In addition, the bill would provide that a person is liable for abating a release or threatened release of hazardous material and the costs of investigation, removal, and remedial actions incurred by the State if the person manufactured a hazardous material for commercial sale and knew or should have known that the material presented a threat of harm to human health or the natural environment.
The bill as passed by the Senate includes a Legal Standard which comes directly from Judge Crawford’s decision for a recent settlement for a medical monitoring remedy. The House Committee on Judiciary stated that this standard provides guidance for future cases.
No other State has put a statutory “cause of action” into state law for exposures. Accessing liability insurance for this potential risk may be difficult and potentially expensive, the underwriters will need to factor the exposure, business, and risk. Insurers typically have acted conservatively but this bill creates a whole new set of factors that no other states have taken on.
The bill allows the State of Vermont to directly sue a manufacturer of a chemical manufactured or sold in Vermont and contaminated facilities. This was specifically designed to go upstream to the actual source of the harm by adding a manufacturer to the “chain of liability”. If the bill becomes law, it will take effect on July 1, 2022. The Governor continues to state this bill is not needed.
S.234 An act relating to changes to Act 250
This bill proposes to make multiple amendments to the State land use and development law, Act 250, including adding a jurisdictional trigger for roads and requiring the Natural Resources Board to look at Act 250 jurisdiction over agricultural businesses.
House Natural Resources, Fish and Wildlife began an overview of the bill while also reviewing S.226, a housing bill passed by the Senate. Both bills include changes to Act 250 and land development regulation. Testimony included:
- Opposition to the inclusion of the Road Rule because it leads to shortcuts that often create shorter, steeper roads which cause erosion problems
- A brief discussion of amending the jurisdictional provision to specific land subdivisions to above 1,500 feet in elevation. This idea was discussed last session and was included in several drafts of the House proposed Act 250 changes.
- Support for a report to look at Act 250 jurisdiction over agricultural business because of the boom in this industry.
H.715 An act relating to the Clean Heat Standard
This bill proposes to establish the Clean Heat Standard to reduce Vermont’s greenhouse gas emissions from the thermal sector. The Clean Heat Standard shall be administered by the Public Utility Commission with assistance from the Clean Heat Standard Technical Advisory Group and the Equity Advisory Group.
The bill was referred to Senate Natural Resources and Energy who took testimony this week from advocates and opponents. Steve Crowley, Vermont Sierra Club, requested the bill be amended by asking the Technical Advisory Group to perform a comprehensive study of the impacts of scaling up biofuels, biomass energy, and renewable natural gas (RNG). Sierra Club supports small scale biomass energy, but regarding landfills, where 90% of renewable natural gas comes from, suggested the State look at limiting Vermont’s landfill natural gas to those places that had waste stream restrictions limiting or not allowing organics to better manage methane emissions at the source. The Committee will continue with testimony next week.
S.268 Right to Farm
Senator Corey Parent, Franklin District introduced the bill at the beginning of this year. The Senate did not take up the bill but was interested in having a report done off-session on state-by-state comparisons. Vermont currently is considered as having one of the weakest laws in the country.
The House Agriculture Committee has interest in the bill and received a walk through by the bill sponsor, Sen. Corey Parent. The nuisance complaints are expected to increase with more properties being bought sight unseen and then realize they are in close proximity to a cannabis or hemp growers in Vermont. The agricultural community needs better protections when they are operating in compliance with Vermont rules and regulations.
The goal for this session is to continue working on updating the law in preparation for next session. The Senate Judiciary Committee agreed to insert language into a bill that would require an evaluation of the current law and consider how that would have affected the recent court case in Addison County where a Judge ordered a dairy farm to reduce water runoff, manure odor impact on neighbors.
H.466 An act relating to surface water withdrawals and interbasin transfers
This bill proposes to regulate surface water withdrawals and interbasin transfers of surface water occurring in the State. During testimony last week, Senate Natural Resources and Energy heard from farmers raising concerns about the cost of installing meters and creating a permit program prior to gathering data on water withdrawals. The Committee did not take testimony this week but will return to the bill next week with a plan of voting it out by Friday, April 8th.
H.626 An act relating to the sale, use, or application of neonicotinoid pesticides (passed House)
This bill proposes to prohibit the use of the neonicotinoid pesticides until the Secretary of Agriculture, Food and Markets adopts rules for the sale, use, or application of neonicotinoid pesticides. If the Secretary fails to adopt the rules by July 1, 2024, the prohibition on the sale, use, or application of neonicotinoid pesticides would become permanent.
The Senate Committee on Agriculture took extensive testimony from Blue Spruce Farm, AgriMark, Syngenta, Seedway, Bourdeau Bros Inc., Feed Commodities, and Northeast Agribusiness and Feed Alliance as well as Champlain Valley Apiaries. Testimony will continue next week but the Senate Committee is not enthusiastic about the bill.
S.226 An act relating to expanding access to safe and affordable housing (Passed Senate)
This bill proposes to increase the supply of affordable housing in this State, promote homeownership, and broaden housing opportunities for Vermonters. The bill includes the creation of a registration licensing program for residential construction contractors.
The Senate worked with the Administration to find acceptable terms for the creating a residential contractor registration program and therefore voted to amend the bill by increasing the threshold from $5K to $10K for triggering the need to register and provide a written contract. The bill passed the Senate by a vote of 28-0 and is now in the hands of House General Housing, & Military Affairs for consideration.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
Week 11 of the Vermont Legislative Session – March 25, 2022
The Vermont General Assembly is now more than halfway through the 2022 session. The three “must-pass” pieces of legislation; Fiscal Year 2023 General Fund Budget (Big Bill), Transportation, and Capital Construction bills all passed through the House and will be reconciled in the Senate where they will undoubtedly insert their own priorities. These three bills will be among the last to pass before adjournment of the session in May and will require members from both the House & Senate to negotiate the differences. The FY2023 budget and associated bills aim to make major investments in technology modernization for the unemployment system, workforce development, higher education, addressing climate change via clean water and energy efficiency programs, housing, and many other programs. How Governor Scott will see these policy bills is yet to be known, but the Governor continues to ask the Legislature to work with his Administration and not add more costs (fees, taxes, assessment) to Vermonters.
Last week there were rumblings that the appropriations bill was short on revenue. Given the infusion of funds from the American Rescue Plan Act (ARPA), Infrastructure Investment, Jobs Act funds from Congress, and the next infusion from the “Build Back Better” bill soon to be passed, it’s hard to believe that the Finance Committee would need to be in search of more revenue.
One important measure is an appropriation to the Department of Public Service for use in analyzing where additional cell service is needed in the state and grants for building cell sites in such areas. The roll out of new fiber and cell service is reminiscent of when Vermont permitted its first wind turbine project- “not in my backyard”. Having an infusion of money to get cell and internet to all Vermonters seemed to be quite hopeful after the Legislature provided millions of dollars, but not all Vermonters feel the same. The same concern about big technology hanging from poles and even barn silos could create health issues being so close to their houses, according to some.
Consideration of removing the mask mandate was at a mid-level simmer on Wednesday. Legislative staff reported they had 4 people out with Covid along with 3 House members. The concern over the new BA-2 variant is on the minds of decision makers. One Senator requested that we follow the science and reminded folks that the CDC has removed the mask mandate. Another member asked Leadership why we are holding the State Capitol to a higher standard, if people want to wear masks, wear them. It appears Leadership is waiting until all 180 Legislators are united on this issue which essentially points to masks being required through adjournment. The Joint Rules Committee compromised by agreeing to take a vote next Tuesday. However, the Republicans only have 2 votes out of 8 in that Committee so their position becomes irrelevant, except for keeping the issue front and center.
Who doesn't want a free lunch? We all know there is no such thing as a free lunch, someone is paying for it. The House of Representatives voted this week to use $36M of the $90M excess property tax collections to lower next year’s school property taxes, a big difference from the $45M Governor Scott recommended. The House would also use $15M for career and technical education rather than the Governor’s proposed $45M. The balance, $36M, goes into a reserve fund to help pay for free breakfast and lunch in schools while lawmakers look for a long-term funding solution. This is one time money which will require the Legislature to find new funding beginning in 2024. For a brief moment there was consideration for a new tax on sweetened soft drink beverages. We anticipate the use of the $90 million will be allocated differently in the Senate and who knows if or how they will fund free meals in schools.
H.466 An act relating to surface water withdrawals and interbasin transfers (Passed House)
This bill proposes to regulate the surface water withdrawals and interbasin transfers of surface water occurring in the State. The bill would require persons withdrawing 5,000 gallons of water per day from waters of the State to report withdrawals to the Agency of Natural Resources (ANR). If the withdrawals are more than 50,000/day, the person would be required to provide meter data. In addition, the bill instructs the ANR to develop and implement a surface water withdrawal permit program by 2026.
Senate Natural Resources and Energy Committee heard testimony this week from the construction industry, environmental groups, the Agency of Agriculture Food and Markets, fruit and vegetable farms, and a representative from a golf course. Despite testimony from those groups that would be impacted by the reporting and permitting requirements, the Committee is leaning towards supporting the bill.
Matt Musgrave, Associated General Contractors of Vermont, requested an exemption for State and municipal construction projects that draw surface water as part of the project, for example, paving. The Committee is considering the proposal and asked for language to amend the bill.
Ryan Patch, Agency of Agriculture Food and Markets, questioned the necessity of the proposed legislation and provided statistics showing increased annual rainfall in Vermont and a comparison of surface water withdrawals by several industries in Vermont. The Chair of the Committee, Senator Bray, asked for input from people who will be directly impacted by this bill and may consider amendments to avoid any unintended consequences. Click here to view the presentation by the Agency of Agriculture Food and Markets.
S.226 An act relating to expanding access to safe and affordable housing
This bill makes several changes to existing programs and introduces new programs with the goal of increasing access to housing, primarily by increasing housing stock and making existing homes more affordable to homebuyers. The bill includes the creation of a registration licensing program for residential construction contractors.
Senator Brock (R-Franklin) offered an amendment to increase the threshold from $5K to $10K for triggering the need to register as a residential contractor and the need for a written contract. The Senate passed over the bill on Friday and further action will take place next week.
S.234 An act relating to changes to Act 250 (Passed Senate)
This bill proposes to make multiple amendments to the State land use and development law, Act 250, including easing the permit requirements for Priority Housing Projects to quickly increase affordable housing in Vermont.
As the bill moved to the Senate for debate, three amendments were offered:
S.113 An act relating to establishing a cause of action for medical monitoring expenses (potential vote in House Judiciary next week)
As passed the Senate, below are modifications from the ‘as introduced’ version of the bill.
S.268 An act relating to the right to farm
A bill that did not pass the Senate in order to meet crossover will be reviewed by the House Agriculture Committee on Wednesday. The Vorsteveld Farm has been invited to meet with the committee.
S.258 An act relating to agricultural water quality, enforcement, and dairy farming (passed Senate)
The House Agriculture Committee reviewed the Senate proposal which includes:
The Senate passed the bill out this week on a voice vote and is under consideration in the House Committee on Agriculture and Forestry.
Update on Pesticides
In 1972, the EPA granted Vermont approval to enforce its own pesticide control program. However, in 2017 the EPA amended its regulations regarding certification and training of pesticide applicators giving states with implementing programs a deadline of 2022 to meet the new requirements. More recently, the deadline was extended to 2025. Therefore, in order to maintain jurisdictional control of its pesticide control program, VAAFM was required to amend its regulations to either meet or exceed the new federal standards. The House Agriculture heard from members of the Public Health and Agriculture Resource Management sector of AAFM for a brief overview of the updates and changes in pesticide practice which tightens up some regulations. The new regulations will have to go through LCAR and ICAR. A summary of pesticide control can be found here.
H.626 An act relating to the sale, use, or application of neonicotinoid pesticides (passed House)
This bill proposes to prohibit the use of the neonicotinoid pesticides until the Secretary of Agriculture, Food and Markets adopts rules for the sale, use, or application of neonicotinoid pesticides. If the Secretary fails to adopt the rules by July 1, 2024, the prohibition on the sale, use, or application of neonicotinoid pesticides would become permanent. Having passed the House, the Senate Committee on Agriculture received a walk-through of the bill from legislative counsel. Further testimony is scheduled for next week.
H.492 An act relating to the structure of the Natural Resources Board (passed House)
The bill passed the House on Thursday and will now be considered by the Senate.
H.704 An act relating to the regulation of accessory on-farm businesses
This bill proposes to clarify the definition of “accessory on-farm business.” retains the prohibition for regional and municipal plans from banning accessory on-farm businesses and clarifies qualifying rules for accessory on-farm businesses. The bill also removes the requirement for mitigation of primary agricultural soils at State-owned airports, as requested by the Franklin County delegation.
The bill moved out of House Agriculture but missed the crossover deadline. However, it is still under consideration in House Natural Resources, Fish and Wildlife Committee and could be included in another bill relating to Act 250, such as S.234.
H.740 Making appropriations for the support of government “The Big Bill” (passed House 135-4)
The FY23 budget sets aside $7.2M as a future match for the federal Infrastructure Investment and Jobs Act (IIJA).
The General Fund (GF) totals $2.01B and all funds total $8.14B compared to FY 2022 as adjusted. The GF is down 2.2% and all funds are up all 5.6%. This total includes $120M one-time GF appropriations, and $428M ARPA appropriations in FY23, but excludes $200M FY 2022 one-time transfers related to pensions.
NOTABLE SPENDING (as passed the House)
General Government:
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
The Vermont General Assembly is now more than halfway through the 2022 session. The three “must-pass” pieces of legislation; Fiscal Year 2023 General Fund Budget (Big Bill), Transportation, and Capital Construction bills all passed through the House and will be reconciled in the Senate where they will undoubtedly insert their own priorities. These three bills will be among the last to pass before adjournment of the session in May and will require members from both the House & Senate to negotiate the differences. The FY2023 budget and associated bills aim to make major investments in technology modernization for the unemployment system, workforce development, higher education, addressing climate change via clean water and energy efficiency programs, housing, and many other programs. How Governor Scott will see these policy bills is yet to be known, but the Governor continues to ask the Legislature to work with his Administration and not add more costs (fees, taxes, assessment) to Vermonters.
Last week there were rumblings that the appropriations bill was short on revenue. Given the infusion of funds from the American Rescue Plan Act (ARPA), Infrastructure Investment, Jobs Act funds from Congress, and the next infusion from the “Build Back Better” bill soon to be passed, it’s hard to believe that the Finance Committee would need to be in search of more revenue.
One important measure is an appropriation to the Department of Public Service for use in analyzing where additional cell service is needed in the state and grants for building cell sites in such areas. The roll out of new fiber and cell service is reminiscent of when Vermont permitted its first wind turbine project- “not in my backyard”. Having an infusion of money to get cell and internet to all Vermonters seemed to be quite hopeful after the Legislature provided millions of dollars, but not all Vermonters feel the same. The same concern about big technology hanging from poles and even barn silos could create health issues being so close to their houses, according to some.
Consideration of removing the mask mandate was at a mid-level simmer on Wednesday. Legislative staff reported they had 4 people out with Covid along with 3 House members. The concern over the new BA-2 variant is on the minds of decision makers. One Senator requested that we follow the science and reminded folks that the CDC has removed the mask mandate. Another member asked Leadership why we are holding the State Capitol to a higher standard, if people want to wear masks, wear them. It appears Leadership is waiting until all 180 Legislators are united on this issue which essentially points to masks being required through adjournment. The Joint Rules Committee compromised by agreeing to take a vote next Tuesday. However, the Republicans only have 2 votes out of 8 in that Committee so their position becomes irrelevant, except for keeping the issue front and center.
Who doesn't want a free lunch? We all know there is no such thing as a free lunch, someone is paying for it. The House of Representatives voted this week to use $36M of the $90M excess property tax collections to lower next year’s school property taxes, a big difference from the $45M Governor Scott recommended. The House would also use $15M for career and technical education rather than the Governor’s proposed $45M. The balance, $36M, goes into a reserve fund to help pay for free breakfast and lunch in schools while lawmakers look for a long-term funding solution. This is one time money which will require the Legislature to find new funding beginning in 2024. For a brief moment there was consideration for a new tax on sweetened soft drink beverages. We anticipate the use of the $90 million will be allocated differently in the Senate and who knows if or how they will fund free meals in schools.
H.466 An act relating to surface water withdrawals and interbasin transfers (Passed House)
This bill proposes to regulate the surface water withdrawals and interbasin transfers of surface water occurring in the State. The bill would require persons withdrawing 5,000 gallons of water per day from waters of the State to report withdrawals to the Agency of Natural Resources (ANR). If the withdrawals are more than 50,000/day, the person would be required to provide meter data. In addition, the bill instructs the ANR to develop and implement a surface water withdrawal permit program by 2026.
Senate Natural Resources and Energy Committee heard testimony this week from the construction industry, environmental groups, the Agency of Agriculture Food and Markets, fruit and vegetable farms, and a representative from a golf course. Despite testimony from those groups that would be impacted by the reporting and permitting requirements, the Committee is leaning towards supporting the bill.
Matt Musgrave, Associated General Contractors of Vermont, requested an exemption for State and municipal construction projects that draw surface water as part of the project, for example, paving. The Committee is considering the proposal and asked for language to amend the bill.
Ryan Patch, Agency of Agriculture Food and Markets, questioned the necessity of the proposed legislation and provided statistics showing increased annual rainfall in Vermont and a comparison of surface water withdrawals by several industries in Vermont. The Chair of the Committee, Senator Bray, asked for input from people who will be directly impacted by this bill and may consider amendments to avoid any unintended consequences. Click here to view the presentation by the Agency of Agriculture Food and Markets.
S.226 An act relating to expanding access to safe and affordable housing
This bill makes several changes to existing programs and introduces new programs with the goal of increasing access to housing, primarily by increasing housing stock and making existing homes more affordable to homebuyers. The bill includes the creation of a registration licensing program for residential construction contractors.
Senator Brock (R-Franklin) offered an amendment to increase the threshold from $5K to $10K for triggering the need to register as a residential contractor and the need for a written contract. The Senate passed over the bill on Friday and further action will take place next week.
S.234 An act relating to changes to Act 250 (Passed Senate)
This bill proposes to make multiple amendments to the State land use and development law, Act 250, including easing the permit requirements for Priority Housing Projects to quickly increase affordable housing in Vermont.
As the bill moved to the Senate for debate, three amendments were offered:
- Senator Corey Parent (R-Franklin) amendment would remove all sections relating to forest blocks – Senate Natural Resources and Energy does not support this amendment. (Amendment Withdrawn)
- Senators Brock (R-Franklin), Ingalls (R-Essex/Orleans), and Starr (D-Essex/Orleans) amendment would remove section 11 pertaining to the Road Rule. (Amendment Failed)
- Senator Bray (D-Addison) amendment to remove the requirement for ARPA funded housing projects to be constructed with a duration of affordability of not less than 30 years (Amendment Passed)
S.113 An act relating to establishing a cause of action for medical monitoring expenses (potential vote in House Judiciary next week)
As passed the Senate, below are modifications from the ‘as introduced’ version of the bill.
- Definition of large facility was updated for clarification to read: “where, at any one time 10 or more full-time or full-time equivalent employees have been employed”
- Exposure to proven toxic substances: Inserting the word ‘proximate’ to now read of ‘as a proximate result of the exposure’
S.268 An act relating to the right to farm
A bill that did not pass the Senate in order to meet crossover will be reviewed by the House Agriculture Committee on Wednesday. The Vorsteveld Farm has been invited to meet with the committee.
S.258 An act relating to agricultural water quality, enforcement, and dairy farming (passed Senate)
The House Agriculture Committee reviewed the Senate proposal which includes:
- Adds a clarification on “Good Standing” to make farmers eligible for any grant exclusively awarded by the Agency unless the applicant is in good standing with the Secretary on all grant agreements, contract awards, and enforcement proceedings at the time of the grant award.
- Defines “Waste” or “agricultural waste” means material originating or emanating from a farm or imported onto a farm that is determined by the Secretary or the Secretary of Natural Resources. The additional language is “imported” onto a farm. The Agency of Agriculture, Food and Markets testified that if being used as bedding they can move between farms if they manage it properly and this will not trigger a need for a permit but will be part of the manure generation calculation as part of their overall waste management as it relates to NMP.
- Adds to non-sewage waste to a farm for deposit in a manure pit or for use as an input in a methane digester to obtain approval from the Secretary prior to transporting the non-sewage waste to the farm. The Secretary may require a person to report to the Secretary at a designated time.
- Extends the Task Force to Revitalize the Vermont Dairy Industry and shall continue to exist and retain the authority granted until February 1, 2023
The Senate passed the bill out this week on a voice vote and is under consideration in the House Committee on Agriculture and Forestry.
Update on Pesticides
In 1972, the EPA granted Vermont approval to enforce its own pesticide control program. However, in 2017 the EPA amended its regulations regarding certification and training of pesticide applicators giving states with implementing programs a deadline of 2022 to meet the new requirements. More recently, the deadline was extended to 2025. Therefore, in order to maintain jurisdictional control of its pesticide control program, VAAFM was required to amend its regulations to either meet or exceed the new federal standards. The House Agriculture heard from members of the Public Health and Agriculture Resource Management sector of AAFM for a brief overview of the updates and changes in pesticide practice which tightens up some regulations. The new regulations will have to go through LCAR and ICAR. A summary of pesticide control can be found here.
H.626 An act relating to the sale, use, or application of neonicotinoid pesticides (passed House)
This bill proposes to prohibit the use of the neonicotinoid pesticides until the Secretary of Agriculture, Food and Markets adopts rules for the sale, use, or application of neonicotinoid pesticides. If the Secretary fails to adopt the rules by July 1, 2024, the prohibition on the sale, use, or application of neonicotinoid pesticides would become permanent. Having passed the House, the Senate Committee on Agriculture received a walk-through of the bill from legislative counsel. Further testimony is scheduled for next week.
H.492 An act relating to the structure of the Natural Resources Board (passed House)
- The aims to strengthens the administration of the Act 250 program by changing the structure, function, and name of the Natural Resources Board. The bill requires the following:
- Appeals of Act 250 decisions be heard by a five-member board called the Environmental Review Board.
- The Environmental Division of the Superior Court would continue to hear the other types of cases within its jurisdiction.
- Environmental Review Board would keep the current duties of the NRB in addition to hearing appeals.
- The new board would provide oversight, management, and training to the Act 250 program staff and District Commissions and develop Act 250 program policy through permit decisions and rulemaking.
- The bill passed the House on Tuesday and moves to the Senate for consideration
The bill passed the House on Thursday and will now be considered by the Senate.
H.704 An act relating to the regulation of accessory on-farm businesses
This bill proposes to clarify the definition of “accessory on-farm business.” retains the prohibition for regional and municipal plans from banning accessory on-farm businesses and clarifies qualifying rules for accessory on-farm businesses. The bill also removes the requirement for mitigation of primary agricultural soils at State-owned airports, as requested by the Franklin County delegation.
The bill moved out of House Agriculture but missed the crossover deadline. However, it is still under consideration in House Natural Resources, Fish and Wildlife Committee and could be included in another bill relating to Act 250, such as S.234.
H.740 Making appropriations for the support of government “The Big Bill” (passed House 135-4)
The FY23 budget sets aside $7.2M as a future match for the federal Infrastructure Investment and Jobs Act (IIJA).
The General Fund (GF) totals $2.01B and all funds total $8.14B compared to FY 2022 as adjusted. The GF is down 2.2% and all funds are up all 5.6%. This total includes $120M one-time GF appropriations, and $428M ARPA appropriations in FY23, but excludes $200M FY 2022 one-time transfers related to pensions.
NOTABLE SPENDING (as passed the House)
General Government:
- Creates a Technology Modernization Special Fund that includes funds for various IT projects
- Increases the Payment in Lieu of Taxes (PILOT) to towns who host state buildings by $825K for a new total of $10.575M, covering 90% of the property tax related to State owned buildings
- Funds the State Employees and Teachers’ Pension (S.286) obligation pre-funding and funding is consistent with the Pension Task Force and pending retirement bill recommendations
- Public Safety: Holds $11M GF in reserve and adds Dispatch Working Group, appropriates JTOC funds consistent with statute
- Emergency Management: Provides $8M GF to match FEMA to purchase high flood risk properties and $14.75M for a state-level buyout program for flood vulnerable parcels
- Agriculture: Adds $329K for Farm to School and brings Working Lands to $2M. Provides $1M GF for the
- Ecosystems Serv. Program, $200K GF for NE Organic Farmers Assoc., $100K GF for branding, and $420K GF for lab equip re: PFAS
- Provides a total of $35M GF for Climate for transportation electrification infrastructure and incentives and $5M to Dept. of Public Service for Advanced Metering Infrastructure
- Funds $131M from ARPA for climate initiatives, primarily Weatherization and Electrification
- Funds $107M from APRA for Clean Water initiatives
- Funds for workforce incentives and development differ substantially from the Governor and are reflected in H.703, the House Commerce Committee’s Workforce Development bill
- Housing: Provides VHCB $50m ARPA funds and $10M added base funding though the property transfer tax.
- Planning: Provides $2.1M increase for municipal and regional planning compared to last year.
- Provides an increase of 7% for Designated Agencies/Specialized Services Agencies and Home Health provider totaling $38M.
- Vermont Legal Aid: Adds $540K GF for the Office of Health Care Advocate and the Poverty Law project.
- Green Mountain Care Board: Adds $4M onetime GF for value-based payment and delivery system reform.
- Vermont State Colleges: Adds a $10M to base and $2.5M one-time bridge funds.
- University of Vermont: Adds $10M to base.
- VSAC: Added $1M for Advancement Grants to the base.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
Week 10 of the Vermont Legislative Session – March 18, 2022
It’s Sunshine week! And no, that doesn’t necessarily mean we will be thrust into extended days of warm weather and boatloads of sunshine. Sunshine week is supposed to highlight transparency in all levels of government. Hmm… We all needed a little sunshine along with some luck of the Irish to snap us back into Daylight Saving Time (DST). Once again, DST or as they have termed it, ‘The Sunshine Protection Act’ is once again on the agenda in Washington. The Senate unanimously approved legislation that would make daylight saving time permanent. If the House follows suit and passes the bill, it will take effect in 2023. Here’s a thought… if enacted, we would no longer need to change our clocks twice a year, so who is going to remind us to replace batteries in our smoke detectors?
The Reapportionment Committees is charged every ten years with using the census data to reconsider all Legislative districts based on population and shift voting districts around. The House Committee passed their new districts, and the Senate finished their work on reestablishing legislative districts. One outcome that creates the most angst is the Senate districts. The Chittenden County District will now have 7 Senate seats (up from 6), decreases 1 seat in Caledonia and separates Essex and Orleans into single seat districts. The other counties remain largely the same. The House seats have caused members to rethink whether it is worth trying to reestablish themselves and are either considering retirement or simply vacating their seat. It has been long known that the dominant political party utilizes this 10-year reassessment to shift lines to stack the deck against their opponents. The House passed their new district maps on a vote of 129-13. The Senate expects to vote on their new Districts in the coming weeks but are noted to be less contentious than the House, regardless of the vote.
One of the most contentious bills, although not widely reported, is the House passed Clean Heating Standards (H.715). The Clean Heat Standard is a performance standard that requires fossil-fuel sellers to reduce emissions created by the fuels they sell. It is reported that more than half of Vermonters heat their homes with fuel oil or propane. The Vermont Climate Council was tasked with creating a comprehensive, equitable plan to lower our greenhouse gas emissions as part of the Global Warming Solutions Act.
Under the proposal, Vermonters would need to switch from heating their homes and businesses to heat pumps and focus on weatherization. A designated commission will have two years to generate the rules and regulation of the program in the context of what various fuel credits are worth, cost of compliance for the fuel dealers, and other details. With fuel prices hitting levels that haven’t been seen in a decade, forcing Vermonters to switch to new technology for heating is a good sound bite. Most of those advocating against the bill will say that fuel prices are high, but it is still less than buying into these new technologies and moving away from gas/diesel to electric vehicles. The bill passed the House 94-44.
What would be the breaking point for Vermonters and how will they maneuver the changes envisioned by the Vermont General Assembly? Short answer, time will tell. Long answer, it will take a lot of education and outreach.
S.226 An act related to expanding access to safe and affordable housing
This bill makes several changes to existing programs and introduces new programs with the goal of increasing access to housing, primarily by increasing housing stock and making existing homes more affordable to homebuyers.
The bill will impact State resources in two ways: appropriations of $20.9M in FY2022 and FY2023 for new or existing programs and a decrease in State revenues of $2M in FY2023 and growing to $2.5M by FY2027.
Programs included in the bill:
Senate Appropriations amended the bill by striking out tax credits for affordable housing in Section 7 and 14. The committee will work with Senate Finance to revisit including these tax credits in other revenue bill. Senate Appropriations voted in favor of S.226 as amended and it will likely be taken up next week for passage by the Senate.
S.234 An act relating to changes to Act 250
This bill proposes to make multiple amendments to the State land use and development law, Act 250, including easing the permit requirements for Priority Housing Projects to quickly increase affordable housing in Vermont.
Included in the bill:
House bill H.704, An act relating to the regulation of accessory-on-farm businesses, did not make the crossover deadline and was returned to House Natural Resources, Fish and Wildlife who could elect to include this proposal in Senate Bill S.234. Currently, S.234 only includes a report to look at Act 250 jurisdiction over agricultural businesses.
Senate Appropriations removed Section 16, designated area report and the appropriation and voted to move the bill favorably as amended. The bill will be taken up by the Senate next week.
H.466 An act relating to surface water withdrawals and interbasin transfers
This bill proposes to regulate the surface water withdrawals and interbasin transfers of surface water occurring in the State.
The bill would require persons withdrawing 5,000 gallons of water per day from waters of the State to report withdrawals to the Agency of Natural Resources (ANR). If the withdrawals are more than 50,000/day, the person would be required to provide meter data. In addition, the bill instructs the ANR to develop and implement a surface water withdrawal permit program by 2026.
Several industries that will be affected by this bill have expressed concern that they were not heard from during House testimony and raised issues with the following impacts of the bill:
Click here to review the Act 173 Surface Water Diversion and Transfer Study Group Report.
H.606 An act relating to community resilience and biodiversity protection
This bill proposes to establish State goals of conserving 30 percent of the land of the State by 2030 and 50 percent by 2050. Land conserved includes State, federal, municipal, and private land. The bill requires the development of a plan to implement the conservation goals created in the Vermont Conservation Design proposal and build an inventory of all permanent conserved land in Vermont.
Representative Donahue (R-Washington) moved to amend the bill by adding a definition of “conserved” to mean “protected and meeting the definition of ecological reserve area, biodiversity conservation area, or natural resource management area.” The amendment was approved, and the bill now goes to the Senate for consideration. Click here to view the Vermont Conservation Design proposal.
REGULATION
H.626 An act relating to the sale, use, or application of neonicotinoid pesticides
The language as passed by the House amends an existing section of law regarding treated articles and directs the Agency of Agriculture Food & Markets (AAFM) to adopt rules on Best Management Practices (BMPs) for the sale, use, storage, or disposal of treated articles the use of which the Agricultural Innovation Board has determined will have a hazardous or long-term harmful effect on the environment. The amendment also gives direction, but does not require, what those BMPs rules should contain.
Importantly, before these rules are adopted, AAFM “shall work with farmers, seed companies, and other relevant parties to ensure that farmers have access to appropriate varieties and amounts of untreated seed or treated seed that has not been treated with a neonicotinoid pesticide.”
S.113 An act relating to establishing a cause of action for medical monitoring expenses
Introduced back in 2021, this bill proposes to establish a cause of action for the remedy of medical monitoring for a person who is exposed to a proven toxic substance. In addition, the bill would provide that a person is liable for abating a release or threatened release of hazardous material and the costs of investigation, removal, and remedial actions incurred by the State if the person manufactured a hazardous material for commercial sale and knew or should have known that the material presented a threat of harm to human health or the natural environment.
The bill passed the Senate unanimously at the beginning of February and has been sitting in House Judiciary until this week when the Committee received a walk-through by Mike O’Grady from the Office of Legislative Counsel along with testimony from several witnesses. There was very little discussion afterwards, but the Chair signaled they would like to hear from the Department of Financial Regulation (DFR) which is scheduled for testimony next week.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
It’s Sunshine week! And no, that doesn’t necessarily mean we will be thrust into extended days of warm weather and boatloads of sunshine. Sunshine week is supposed to highlight transparency in all levels of government. Hmm… We all needed a little sunshine along with some luck of the Irish to snap us back into Daylight Saving Time (DST). Once again, DST or as they have termed it, ‘The Sunshine Protection Act’ is once again on the agenda in Washington. The Senate unanimously approved legislation that would make daylight saving time permanent. If the House follows suit and passes the bill, it will take effect in 2023. Here’s a thought… if enacted, we would no longer need to change our clocks twice a year, so who is going to remind us to replace batteries in our smoke detectors?
The Reapportionment Committees is charged every ten years with using the census data to reconsider all Legislative districts based on population and shift voting districts around. The House Committee passed their new districts, and the Senate finished their work on reestablishing legislative districts. One outcome that creates the most angst is the Senate districts. The Chittenden County District will now have 7 Senate seats (up from 6), decreases 1 seat in Caledonia and separates Essex and Orleans into single seat districts. The other counties remain largely the same. The House seats have caused members to rethink whether it is worth trying to reestablish themselves and are either considering retirement or simply vacating their seat. It has been long known that the dominant political party utilizes this 10-year reassessment to shift lines to stack the deck against their opponents. The House passed their new district maps on a vote of 129-13. The Senate expects to vote on their new Districts in the coming weeks but are noted to be less contentious than the House, regardless of the vote.
One of the most contentious bills, although not widely reported, is the House passed Clean Heating Standards (H.715). The Clean Heat Standard is a performance standard that requires fossil-fuel sellers to reduce emissions created by the fuels they sell. It is reported that more than half of Vermonters heat their homes with fuel oil or propane. The Vermont Climate Council was tasked with creating a comprehensive, equitable plan to lower our greenhouse gas emissions as part of the Global Warming Solutions Act.
Under the proposal, Vermonters would need to switch from heating their homes and businesses to heat pumps and focus on weatherization. A designated commission will have two years to generate the rules and regulation of the program in the context of what various fuel credits are worth, cost of compliance for the fuel dealers, and other details. With fuel prices hitting levels that haven’t been seen in a decade, forcing Vermonters to switch to new technology for heating is a good sound bite. Most of those advocating against the bill will say that fuel prices are high, but it is still less than buying into these new technologies and moving away from gas/diesel to electric vehicles. The bill passed the House 94-44.
What would be the breaking point for Vermonters and how will they maneuver the changes envisioned by the Vermont General Assembly? Short answer, time will tell. Long answer, it will take a lot of education and outreach.
S.226 An act related to expanding access to safe and affordable housing
This bill makes several changes to existing programs and introduces new programs with the goal of increasing access to housing, primarily by increasing housing stock and making existing homes more affordable to homebuyers.
The bill will impact State resources in two ways: appropriations of $20.9M in FY2022 and FY2023 for new or existing programs and a decrease in State revenues of $2M in FY2023 and growing to $2.5M by FY2027.
Programs included in the bill:
- Manufactured Home Relocation Incentive Program
- Large Employer Housing, Commercial Property Conversion and Community Partnership for Neighborhood Development
- Vermont Rental Housing Investment Program
- Municipal Bylaw Grants
- Missing Middle Income Home Ownership Development Program
- Residential Construction Contractors Registry and Certification
- Affordable Housing Tax Credits
- Downtown and Village Tax Credits Program
- Down Payment Assistance Program – for first-time and first-generation homebuyers
Senate Appropriations amended the bill by striking out tax credits for affordable housing in Section 7 and 14. The committee will work with Senate Finance to revisit including these tax credits in other revenue bill. Senate Appropriations voted in favor of S.226 as amended and it will likely be taken up next week for passage by the Senate.
S.234 An act relating to changes to Act 250
This bill proposes to make multiple amendments to the State land use and development law, Act 250, including easing the permit requirements for Priority Housing Projects to quickly increase affordable housing in Vermont.
Included in the bill:
- A report on ACT 250 jurisdiction over Agricultural businesses
- Re-instating the Road Rule
- Creates a study committee to look at structure and function of the Natural Resources Board
- Amendments of rules for Forest Blocks to prevent forest fragmentation
- Directs Secretary of Natural Resources to complete and maintain resource mapping based on GIS or other technology
- Amends rules for permitting for wood products manufacturers
House bill H.704, An act relating to the regulation of accessory-on-farm businesses, did not make the crossover deadline and was returned to House Natural Resources, Fish and Wildlife who could elect to include this proposal in Senate Bill S.234. Currently, S.234 only includes a report to look at Act 250 jurisdiction over agricultural businesses.
Senate Appropriations removed Section 16, designated area report and the appropriation and voted to move the bill favorably as amended. The bill will be taken up by the Senate next week.
H.466 An act relating to surface water withdrawals and interbasin transfers
This bill proposes to regulate the surface water withdrawals and interbasin transfers of surface water occurring in the State.
The bill would require persons withdrawing 5,000 gallons of water per day from waters of the State to report withdrawals to the Agency of Natural Resources (ANR). If the withdrawals are more than 50,000/day, the person would be required to provide meter data. In addition, the bill instructs the ANR to develop and implement a surface water withdrawal permit program by 2026.
Several industries that will be affected by this bill have expressed concern that they were not heard from during House testimony and raised issues with the following impacts of the bill:
- The bill would remove property rights that allow a landowner to use surface water running through or next to property and require them to get a permit in 2026 to continue use.
- Surface water withdrawals are an important tool for climate resilience planning in the future for agriculture based on trends predicted of rainfall in Vermont.
- Climate resilience planning should take into account all users in the reporting requirement to properly study impacts on waters of the state.
- Construction industry raised concerns about the impact on State paving projects which frequently draw water from streams to spray down roadways prior to paving.
Click here to review the Act 173 Surface Water Diversion and Transfer Study Group Report.
H.606 An act relating to community resilience and biodiversity protection
This bill proposes to establish State goals of conserving 30 percent of the land of the State by 2030 and 50 percent by 2050. Land conserved includes State, federal, municipal, and private land. The bill requires the development of a plan to implement the conservation goals created in the Vermont Conservation Design proposal and build an inventory of all permanent conserved land in Vermont.
Representative Donahue (R-Washington) moved to amend the bill by adding a definition of “conserved” to mean “protected and meeting the definition of ecological reserve area, biodiversity conservation area, or natural resource management area.” The amendment was approved, and the bill now goes to the Senate for consideration. Click here to view the Vermont Conservation Design proposal.
REGULATION
H.626 An act relating to the sale, use, or application of neonicotinoid pesticides
The language as passed by the House amends an existing section of law regarding treated articles and directs the Agency of Agriculture Food & Markets (AAFM) to adopt rules on Best Management Practices (BMPs) for the sale, use, storage, or disposal of treated articles the use of which the Agricultural Innovation Board has determined will have a hazardous or long-term harmful effect on the environment. The amendment also gives direction, but does not require, what those BMPs rules should contain.
Importantly, before these rules are adopted, AAFM “shall work with farmers, seed companies, and other relevant parties to ensure that farmers have access to appropriate varieties and amounts of untreated seed or treated seed that has not been treated with a neonicotinoid pesticide.”
S.113 An act relating to establishing a cause of action for medical monitoring expenses
Introduced back in 2021, this bill proposes to establish a cause of action for the remedy of medical monitoring for a person who is exposed to a proven toxic substance. In addition, the bill would provide that a person is liable for abating a release or threatened release of hazardous material and the costs of investigation, removal, and remedial actions incurred by the State if the person manufactured a hazardous material for commercial sale and knew or should have known that the material presented a threat of harm to human health or the natural environment.
The bill passed the Senate unanimously at the beginning of February and has been sitting in House Judiciary until this week when the Committee received a walk-through by Mike O’Grady from the Office of Legislative Counsel along with testimony from several witnesses. There was very little discussion afterwards, but the Chair signaled they would like to hear from the Department of Financial Regulation (DFR) which is scheduled for testimony next week.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
Week 9 of the Vermont Legislative Session – March 11, 2022
Governor Phil Scott called on legislators to support his proposal to return half of the more than $90 million Education Fund surplus to Vermont taxpayers and dedicate the other half to strengthen Vermont’s Career and Technical Education (CTE) system. The Governor’s tax proposal, if supported by the Legislature, would return about $250 - $275 to Vermont residential property taxpayers through a rebate check that would be issued this summer. In the same vein, the Governor called on the Legislature to provide funding for Ukraine, equivalent to $1 per Vermonter, just over $650,000. Swift action was taken by the legislature as H.717 flew through both House and Senate. The bill also appropriated $1,749 which equals the total amount of funds collected by the Vermont Department of Liquor and Lottery from sales of Russian-sourced products during the period from February 24, 2022 to March 2, 2022.
It appears the Senate found a strategy to override the Governor’s veto of the Contractor Registration Bill, H.157, by including the controversial registration program in a must-pass housing bill designed to address Vermont’s housing crisis, S.226. The Administration prioritized Vermont housing needs but does not support the current proposal for creating a registration program for residential contractors. The Senate action sets up the potential for a “showdown” at the end of the session.
On Friday, the House mustered up enough votes (102-47) to override a vetoed piece of legislation (H.361) that will allow youth voters (those 16-17) to vote and participate in certain local elections in the Town of Brattleboro. Time will tell if this same issue finds its way to other towns throughout the State in the coming years.
The Legislature plans to continue funding Vermont’s Worker Relocation Program to attract new residents to the State and grow the workforce. Two other states, Maine and Alaska, and cities within 6 other states have similar programs. Vermont is an incredibly beautiful state that offers an amazing quality of life. Why is it we must entice people by a monetary incentive to relocate here? States with similar lifestyle opportunities do not appear to be paying people to move to their home turf. Maybe a study should occur that looks at what those states offer that Vermont doesn’t. After all, who doesn’t like a good study?
The optimistic idea of things being back to normal this week at the Vermont Statehouse, other than the face masks, came to a screeching halt when public members and lobbyists tried to attend committee hearings in person. Wishful thinking. The room capacity was so limited that people were gathering in empty rooms and corners of the building listening to hearings on their phones or tablets. Being a fly on the walls of the Statehouse would show that things are still far from normal.
Is the “pandemic” finally winding down for real this time? Possibly, with cases continuing to drop, some children went back to school maskless, towns are lifting mandates, and the state is moving away from third-party contract tracing of the virus. It is finally time to “loosen the spicket” but state leaders are still trying to decipher how that should occur. Many Lawmakers seem ready to remove the masks under the golden dome especially considering the town of Montpelier has removed their mask mandate. There have been requests from members of each chamber to remove the mask requirement and move forward with modifying rules to be more in line with the latest CDC recommendations, which essentially leaves it up to the individual. We expect leadership to address this next week.
H. 704 An act relating to the regulation of accessory on-farm businesses
The House committee on Agriculture & Forestry passed a strike-all amendment to this short form bill.
This bill proposes to:
This bill was combined with H.610, which proposes to exempt certain airports from the requirement to mitigate the reduction of primary agriculture soils. The latest version of the bill was voted out of the House Agriculture Committee by a vote of 8-0-0. We expect both bills to continue to have committee discussions in both the House and Senate during the remainder of the session.
S.268 - An act relating to the right to farm (did not meet crossover)
The Committee did not feel comfortable moving forward this session and it was clear that there were some concerns. They would like to wait until the current lawsuit is settled and review next session. The Committee will add language to a miscellaneous judiciary bill to get a report back.
H.626 An act relating to the sale, use, or application of neonicotinoid pesticides
The House Committee on Agriculture & Forestry wrapped up their work on neonicotinoids with a strike-all amendment to H.626. A majority of the Committee could not agree with a prohibition on untreated seeds as originally written in the bill without knowing if there is a direct link with treated seeds effecting pollinators. This strike-all language amends an existing section of law regarding treated articles and directs the Agency of Agriculture Food & Markets (AAFM) to adopt rules on Best Management Practices (BMPs) for the sale, use, storage, or disposal of treated articles the use of which the Agricultural Innovation Board has determined will have a hazardous or long-term harmful effect on the environment. The amendment also gives direction, but does not require, what those BMPs rules should contain.
Importantly, before these rules are adopted, AAFM “shall work with farmers, seed companies, and other relevant parties to ensure that farmers have access to appropriate varieties and amounts of untreated seed or treated seed that has not been treated with a neonicotinoid pesticide.” The Committee voted this bill out by a vote of 8-0-0 and the bill will be quickly reviewed by the House Appropriations Committee before heading to the floor for a vote. The language as passed out of committee can be found here.
H.606 An act relating to community resilience and biodiversity protection (CRBPA)
This bill proposes to establish State goals of conserving 30% of the land of the State by 2030 and 50% by 2050. The bill outlines the Vermont Conservation Design, developed by the Vermont Department of Fish and Wildlife, working within the Agency of Natural Resources and Vermont conservation organizations. The design is a vision to sustain the State’s ecologically functional landscape into the future. The House Natural Resources, Fish and Wildlife Committee voted 8-1-2 in favor of moving the bill forward to be voted on the House as a whole.
Click here to view the bill as recommended by House Natural Resources, Fish and Wildlife.
H.715 An act relating to the Clean Heat Standard
This bill proposes to establish the Clean Heat Standard to reduce Vermont’s greenhouse gas emissions from the thermal sector. The Clean Heat Standard shall be administered by the Public Utility Commission with assistance from the Clean Heat Standard Technical Advisory Group and the Equity Advisory Group.
The bill appropriates $600K to the Public Utility Commission (PUC) to hire 3 support positions to implement the plan and authorizes the PUC to establish a system of tradeable clean heat credits earned from the delivery of clean heat measures that reduce greenhouse gas emissions. The PUC shall determine what the credits and offsets are and their value. In addition, $600K is appropriated to the Department of Public Service (DPS) to retain consultants that support the verification and evaluation of the Clean Heat Standard credits and for associated operating costs related to implementation.
Details of the proposed program are not defined in this bill which is unsettling to some legislators. Questions arose regarding who is required to participate, for example, wood pellets which are often sold by local retail stores. Timeline is to initiate organization of the program by August of 2022; the program would go into effect January 2025.
The bill passed out of House Energy and Technology prior to the Town Meeting break; House Appropriations will vote next week on funding included in the bill. Click here for the bill as recommended by House Energy and Technology.
H.492 An act relating to the structure of the Natural Resources Board
The purpose of this act is to strengthen the administration of the Act 250 program by changing the structure, function, and name of the Natural Resources Board. Included in the changes:
House Natural Resources, Fish and Wildlife voted 8-3 H.492 to move the bill out of committee on February 24th. House Ways and Means Committee reviewed the bill and amended it as follows:
House Ways & Means voted 8-3 to move the bill. As House Appropriations reviewed the bill and the amendment, Rep. Robert Helm (R-Rutland) commented “this is a 36-page bill that I walk through the door 5 minutes ago and it was on my desk. That doesn’t feel comfortable to me.”
House Appropriations plans to amend the bill by removing the language that raises the per diem amount as it relates to pay for members of the newly created board. The Committee will consider the new language next week and vote on the bill.
Click here to view bill as recommended by House Natural Resources, Fish and Wildlife and here for amendments to H.492 as passed by House Ways and Means.
S.226 An act relating to expanding access to safe and affordable housing
This bill proposes to increase the supply of affordable housing in this State, promote homeownership, and broaden housing opportunities for Vermonters.
In a last-minute move before crossover, the Senate Economic Development, Housing and General Affairs Committee decided to include H.157 An act relating to registration of construction contractors, which was vetoed by the Governor on February 16th. Both the Administration and the Legislature are focused on addressing Vermont’s housing crisis and S.226 provides several programs and funding to ease housing burdens faced by Vermonters. The inclusion of H.157 could derail efforts and cause a showdown between the Legislature and the Administration.
The bill will be taken up by Senate Finance Committee next week.
Click here to view the bill as recommended by Senate Economic Development, Housing and General Affairs.
S.234 An act relating to changes to Act 250
This bill proposes to make multiple amendments to the State land use and development law, Act 250, including easing the permit requirements for Priority Housing Projects to quickly increase affordable housing in Vermont.
Included in the bill:
Click here to view the bill as recommended by Senate Natural Resources and Energy.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
Governor Phil Scott called on legislators to support his proposal to return half of the more than $90 million Education Fund surplus to Vermont taxpayers and dedicate the other half to strengthen Vermont’s Career and Technical Education (CTE) system. The Governor’s tax proposal, if supported by the Legislature, would return about $250 - $275 to Vermont residential property taxpayers through a rebate check that would be issued this summer. In the same vein, the Governor called on the Legislature to provide funding for Ukraine, equivalent to $1 per Vermonter, just over $650,000. Swift action was taken by the legislature as H.717 flew through both House and Senate. The bill also appropriated $1,749 which equals the total amount of funds collected by the Vermont Department of Liquor and Lottery from sales of Russian-sourced products during the period from February 24, 2022 to March 2, 2022.
It appears the Senate found a strategy to override the Governor’s veto of the Contractor Registration Bill, H.157, by including the controversial registration program in a must-pass housing bill designed to address Vermont’s housing crisis, S.226. The Administration prioritized Vermont housing needs but does not support the current proposal for creating a registration program for residential contractors. The Senate action sets up the potential for a “showdown” at the end of the session.
On Friday, the House mustered up enough votes (102-47) to override a vetoed piece of legislation (H.361) that will allow youth voters (those 16-17) to vote and participate in certain local elections in the Town of Brattleboro. Time will tell if this same issue finds its way to other towns throughout the State in the coming years.
The Legislature plans to continue funding Vermont’s Worker Relocation Program to attract new residents to the State and grow the workforce. Two other states, Maine and Alaska, and cities within 6 other states have similar programs. Vermont is an incredibly beautiful state that offers an amazing quality of life. Why is it we must entice people by a monetary incentive to relocate here? States with similar lifestyle opportunities do not appear to be paying people to move to their home turf. Maybe a study should occur that looks at what those states offer that Vermont doesn’t. After all, who doesn’t like a good study?
The optimistic idea of things being back to normal this week at the Vermont Statehouse, other than the face masks, came to a screeching halt when public members and lobbyists tried to attend committee hearings in person. Wishful thinking. The room capacity was so limited that people were gathering in empty rooms and corners of the building listening to hearings on their phones or tablets. Being a fly on the walls of the Statehouse would show that things are still far from normal.
Is the “pandemic” finally winding down for real this time? Possibly, with cases continuing to drop, some children went back to school maskless, towns are lifting mandates, and the state is moving away from third-party contract tracing of the virus. It is finally time to “loosen the spicket” but state leaders are still trying to decipher how that should occur. Many Lawmakers seem ready to remove the masks under the golden dome especially considering the town of Montpelier has removed their mask mandate. There have been requests from members of each chamber to remove the mask requirement and move forward with modifying rules to be more in line with the latest CDC recommendations, which essentially leaves it up to the individual. We expect leadership to address this next week.
H. 704 An act relating to the regulation of accessory on-farm businesses
The House committee on Agriculture & Forestry passed a strike-all amendment to this short form bill.
This bill proposes to:
- define development for an addition of an on-farm accessory business (S.234 seeks a report on on-farm accessory businesses)
- include the regional plan, municipal plan, and municipal bylaw that they are not allowed to prohibit an accessory on-farm business at the same location as a farm
- redefine an ingredient to not include water when considering if an agriculture product was principally produced on a farm
This bill was combined with H.610, which proposes to exempt certain airports from the requirement to mitigate the reduction of primary agriculture soils. The latest version of the bill was voted out of the House Agriculture Committee by a vote of 8-0-0. We expect both bills to continue to have committee discussions in both the House and Senate during the remainder of the session.
S.268 - An act relating to the right to farm (did not meet crossover)
The Committee did not feel comfortable moving forward this session and it was clear that there were some concerns. They would like to wait until the current lawsuit is settled and review next session. The Committee will add language to a miscellaneous judiciary bill to get a report back.
H.626 An act relating to the sale, use, or application of neonicotinoid pesticides
The House Committee on Agriculture & Forestry wrapped up their work on neonicotinoids with a strike-all amendment to H.626. A majority of the Committee could not agree with a prohibition on untreated seeds as originally written in the bill without knowing if there is a direct link with treated seeds effecting pollinators. This strike-all language amends an existing section of law regarding treated articles and directs the Agency of Agriculture Food & Markets (AAFM) to adopt rules on Best Management Practices (BMPs) for the sale, use, storage, or disposal of treated articles the use of which the Agricultural Innovation Board has determined will have a hazardous or long-term harmful effect on the environment. The amendment also gives direction, but does not require, what those BMPs rules should contain.
Importantly, before these rules are adopted, AAFM “shall work with farmers, seed companies, and other relevant parties to ensure that farmers have access to appropriate varieties and amounts of untreated seed or treated seed that has not been treated with a neonicotinoid pesticide.” The Committee voted this bill out by a vote of 8-0-0 and the bill will be quickly reviewed by the House Appropriations Committee before heading to the floor for a vote. The language as passed out of committee can be found here.
H.606 An act relating to community resilience and biodiversity protection (CRBPA)
This bill proposes to establish State goals of conserving 30% of the land of the State by 2030 and 50% by 2050. The bill outlines the Vermont Conservation Design, developed by the Vermont Department of Fish and Wildlife, working within the Agency of Natural Resources and Vermont conservation organizations. The design is a vision to sustain the State’s ecologically functional landscape into the future. The House Natural Resources, Fish and Wildlife Committee voted 8-1-2 in favor of moving the bill forward to be voted on the House as a whole.
Click here to view the bill as recommended by House Natural Resources, Fish and Wildlife.
H.715 An act relating to the Clean Heat Standard
This bill proposes to establish the Clean Heat Standard to reduce Vermont’s greenhouse gas emissions from the thermal sector. The Clean Heat Standard shall be administered by the Public Utility Commission with assistance from the Clean Heat Standard Technical Advisory Group and the Equity Advisory Group.
The bill appropriates $600K to the Public Utility Commission (PUC) to hire 3 support positions to implement the plan and authorizes the PUC to establish a system of tradeable clean heat credits earned from the delivery of clean heat measures that reduce greenhouse gas emissions. The PUC shall determine what the credits and offsets are and their value. In addition, $600K is appropriated to the Department of Public Service (DPS) to retain consultants that support the verification and evaluation of the Clean Heat Standard credits and for associated operating costs related to implementation.
Details of the proposed program are not defined in this bill which is unsettling to some legislators. Questions arose regarding who is required to participate, for example, wood pellets which are often sold by local retail stores. Timeline is to initiate organization of the program by August of 2022; the program would go into effect January 2025.
The bill passed out of House Energy and Technology prior to the Town Meeting break; House Appropriations will vote next week on funding included in the bill. Click here for the bill as recommended by House Energy and Technology.
H.492 An act relating to the structure of the Natural Resources Board
The purpose of this act is to strengthen the administration of the Act 250 program by changing the structure, function, and name of the Natural Resources Board. Included in the changes:
- Appeals of the Act 250 permit decisions to be heard by a five-member board called the Environmental Review Board.
- The Environmental Division of the Superior Court would continue to hear the other types of cases within its jurisdiction.
- The Environmental Review Board would keep the current duties of the Natural Resources Board in addition to hearing appeals.
- The Board would provide oversight, management, and training to the Act 250 program and staff and District Commissions,
- The Board would develop Act 250 program policy through permit decisions and rulemaking.
House Natural Resources, Fish and Wildlife voted 8-3 H.492 to move the bill out of committee on February 24th. House Ways and Means Committee reviewed the bill and amended it as follows:
- Removed board’s ability to hire personnel for particular proceedings
- Increased appropriation for new positions to $384K – increase of $84K
- Added reporting requirement for report due in December of 12/23 to include whether the Board should be able to assess their costs on applicants
House Ways & Means voted 8-3 to move the bill. As House Appropriations reviewed the bill and the amendment, Rep. Robert Helm (R-Rutland) commented “this is a 36-page bill that I walk through the door 5 minutes ago and it was on my desk. That doesn’t feel comfortable to me.”
House Appropriations plans to amend the bill by removing the language that raises the per diem amount as it relates to pay for members of the newly created board. The Committee will consider the new language next week and vote on the bill.
Click here to view bill as recommended by House Natural Resources, Fish and Wildlife and here for amendments to H.492 as passed by House Ways and Means.
S.226 An act relating to expanding access to safe and affordable housing
This bill proposes to increase the supply of affordable housing in this State, promote homeownership, and broaden housing opportunities for Vermonters.
In a last-minute move before crossover, the Senate Economic Development, Housing and General Affairs Committee decided to include H.157 An act relating to registration of construction contractors, which was vetoed by the Governor on February 16th. Both the Administration and the Legislature are focused on addressing Vermont’s housing crisis and S.226 provides several programs and funding to ease housing burdens faced by Vermonters. The inclusion of H.157 could derail efforts and cause a showdown between the Legislature and the Administration.
The bill will be taken up by Senate Finance Committee next week.
Click here to view the bill as recommended by Senate Economic Development, Housing and General Affairs.
S.234 An act relating to changes to Act 250
This bill proposes to make multiple amendments to the State land use and development law, Act 250, including easing the permit requirements for Priority Housing Projects to quickly increase affordable housing in Vermont.
Included in the bill:
- A report on ACT 250 jurisdiction over Agricultural businesses, with recommendations on how Act 250 jurisdiction should be applied to agricultural businesses, including those located on properties already operating as farms – page 21
- Implementation of the Road Rule, which requires Act 250 permit for “construction of a road, roads, driveway, or driveways, which as a single road or driveway is greater than 800 feet, or which in combination is greater than 2,000 feet, to provide access to or within a tract or tracts of land of more than one acre owned or controlled by a person. The rule does exempt a road used primarily for farming or forestry purposes unless used for a residential purpose. – Page 16
- Creates a study committee to look at structure and function of the Natural Resources Board and report to the General Assembly proposed changes
- Amendments of definitions used in Act 250 – page 6
- Amendments of rules for Forest Blocks to prevent forest fragmentation – page 11
- Directs Secretary of Natural Resources to complete and maintain resource mapping based on GIS or other technology – page 14
- Amends rules for permitting for wood products manufacturers – page 17
Click here to view the bill as recommended by Senate Natural Resources and Energy.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
Week 8 of the Vermont Legislative Session – February 25, 2022
*** The Legislature is off next week for Town Meeting***
On February 22nd, Governor Phil Scott returned, without signature, and vetoed S.30, stating that in 2018, “I called for and signed the most comprehensive gun safety measures in our state’s history.” The waiting period, currently 3 days, was moved to 30 days within the bill. Scott offered a compromise by stating he could support a 7-day waiting period. Observers note that this being the second bill the Governor has vetoed this session, could be a sign that more controversial bills will be sent to his desk in an effort to prepare criticism for the upcoming fall Gubernatorial Elections.
The Senate Rules Committee met to decide how they will return to the Statehouse in March. President Pro Tempe Becca Balint wants to proceed cautiously with the new variant, BA.2, which has now been detected in more than 30 states. With that in mind, the Senators will be required to be in-person two days per week, with those floor session to be considered “pro forma” (token) with regular floor session on the remaining Thursday and Friday. Testimony from witnesses would be encouraged to be done over Zoom. This would only require Senators to spend one night in Montpelier rather than 3 or 4 and hopefully limit exposure. The “slow-start” can be reconsidered at any point during the remainder of the session.
The House Rules Committee is already requiring in-person for their chamber and spent most of the time talking about exemptions. Currently House members are supposed to be excused for “Covid” related issues, but complaints have been made about Representatives taking advantage of the exemption. The Progressive Caucus argued that more exemptions need to be considered to allow for Representatives to work remotely for childcare and parental care type issues. This was pushed back by the Speaker of the House and Republican caucus. This rule too, will be revisited in May and April, but we do not anticipate that the rest of the 2022 session to resemble pre-pandemic lawmaking.
S.258 An act relating to amending the Required Agricultural Practices in order to address climate resiliency
Click here to view the ‘as passed out of Committee language’.
This bill proposes to require the Secretary of Agriculture, Food and Markets to evaluate the sufficiency of the Required Agricultural Practices (RAPs) to determine if the requirements and practices under the RAPs are adequate to address increased and foreseeable climate change-induced precipitation in a manner that protects soil resources and prevents harmful or inefficient runoff of nutrient pollution to State waters.
The bill was voted out of Committee and will be sent to Senate Appropriations for consideration of funding the extension of the Task Force to Revitalize the Vermont Dairy Industry.
H.492 An act relating to the structure of the Natural Resources Board
Click here to view the bill as approved by House Natural Resources, Fish & Wildlife.
The purpose of this act is to strengthen the administration of the Act 250 program by changing the structure, function, and name of the Natural Resources Board. Included in the changes:
House Natural Resources, Fish and Wildlife Committee voted 8-3 in favor of the bill as amended and it will likely be taken up by the House after Town Meeting week break.
S.234 An act related to changes to Act 250
This bill proposes to make multiple amendments to the State land use and development law, Act 250, including easing the permit requirements for Priority Housing Projects to quickly increase affordable housing in Vermont. On Friday, Senator Bray (D-Addison), Chair of Senate Natural Resources, offered an amendment to exempt the construction of a priority housing project funded primarily by ARPA funds if the mixed income housing project to be constructed contains at least 80% of the housing units with a duration of affordability of not less than 30 years.
While this Committee is focused on ensuring ARPA funds are used to increase affordable housing, committee members raised concerns about the amendment crossing over to housing policy which is not the expertise of the Natural Resources and Energy Committee. Regardless, they voted 4-1 to move S.234 out favorably.
Click here to view the bill as recommended by Senate Natural Resources.
S.268 An act relating to the Right to Farm
The Senate Judiciary and Agriculture Committees met to have committee discussion and review the reasoning behind the bill with Legislative Council. S.268 represents a law similar to other states and more proactively protects what is a farm and farming.
The Committee seemed to get caught up on how this will affect water quality protection. The Vermont Farm Bureau testified in support of the bill but also stated that if the committee doesn’t take it up this year, then the bill can be re-introduced next year, and the pending court case may be finished by then.
VDPA will work to have members reach out to members of the Senate Judiciary Committee over the Town Meeting break. When the Legislature returns, they will only have from March 8-11th to pass S.268 out of committee in order to have time to get to the House for consideration. Below is a list of the Judiciary Committee Members.
If you are willing to testify on the bill, please email Peggy Delaney, Committee Assistant at pdelaney@leg.state.vt.us
SENATE JUDICIARY
The Senate Committee on Judiciary has jurisdiction over matters relating to judicial and legal affairs; and motor vehicle and homeowner liability insurance.
Dairy Insurance Risk proposal (Click here for the draft language) - Included in the 2022 Budget Adjustment bill. The bill was sent to a Committee of Conference mostly for discussion and clarification.
The Dairy Risk Insurance funding is included in the bill to provide dairy operations with risk management coverage to pay producers when there is a gap between milk prices and average feed costs as defined by the program. The funding, $2.7M, should be ample to have all farms buy into the insurance coverage.
H.709 An act relating to miscellaneous agricultural subjects (passed House)
The House Agriculture Housekeeping bill is technical in nature and includes accessory on-farm business, allows electronic mail as an option, produce inspection, farm inspections, mosquito control, hemp, exotic plant and allows small farms to do chicken composting.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
*** The Legislature is off next week for Town Meeting***
On February 22nd, Governor Phil Scott returned, without signature, and vetoed S.30, stating that in 2018, “I called for and signed the most comprehensive gun safety measures in our state’s history.” The waiting period, currently 3 days, was moved to 30 days within the bill. Scott offered a compromise by stating he could support a 7-day waiting period. Observers note that this being the second bill the Governor has vetoed this session, could be a sign that more controversial bills will be sent to his desk in an effort to prepare criticism for the upcoming fall Gubernatorial Elections.
The Senate Rules Committee met to decide how they will return to the Statehouse in March. President Pro Tempe Becca Balint wants to proceed cautiously with the new variant, BA.2, which has now been detected in more than 30 states. With that in mind, the Senators will be required to be in-person two days per week, with those floor session to be considered “pro forma” (token) with regular floor session on the remaining Thursday and Friday. Testimony from witnesses would be encouraged to be done over Zoom. This would only require Senators to spend one night in Montpelier rather than 3 or 4 and hopefully limit exposure. The “slow-start” can be reconsidered at any point during the remainder of the session.
The House Rules Committee is already requiring in-person for their chamber and spent most of the time talking about exemptions. Currently House members are supposed to be excused for “Covid” related issues, but complaints have been made about Representatives taking advantage of the exemption. The Progressive Caucus argued that more exemptions need to be considered to allow for Representatives to work remotely for childcare and parental care type issues. This was pushed back by the Speaker of the House and Republican caucus. This rule too, will be revisited in May and April, but we do not anticipate that the rest of the 2022 session to resemble pre-pandemic lawmaking.
S.258 An act relating to amending the Required Agricultural Practices in order to address climate resiliency
Click here to view the ‘as passed out of Committee language’.
This bill proposes to require the Secretary of Agriculture, Food and Markets to evaluate the sufficiency of the Required Agricultural Practices (RAPs) to determine if the requirements and practices under the RAPs are adequate to address increased and foreseeable climate change-induced precipitation in a manner that protects soil resources and prevents harmful or inefficient runoff of nutrient pollution to State waters.
- Adds a clarification on “Good Standing” to make farmers eligible for any grant exclusively awarded by the Agency unless the applicant is in good standing with the Secretary on all grant agreements, contract awards, and enforcement proceedings at the time of the grant award.
- Defines “Waste” or “agricultural waste” means material originating or emanating from a farm or imported onto a farm that is determined by the Secretary or the Secretary of Natural Resources. The additional language is “imported” onto a farm. The Agency of Agriculture, Food and Markets testified that if being used as bedding they can move between farms if they manage it properly and this will not trigger a need for a permit but will be part of the manure generation calculation as part of their overall waste management as it relates to NMP.
- Adds to non-sewage waste to a farm for deposit in a manure pit or for use as an input in a methane digester to obtain approval from the Secretary prior to transporting the non-sewage waste to the farm. The Secretary may require a person to report to the Secretary at a designated time
- Extends the Task Force to Revitalize the Vermont Dairy Industry and shall continue to exist and retain the authority granted until February 1, 2023
The bill was voted out of Committee and will be sent to Senate Appropriations for consideration of funding the extension of the Task Force to Revitalize the Vermont Dairy Industry.
H.492 An act relating to the structure of the Natural Resources Board
Click here to view the bill as approved by House Natural Resources, Fish & Wildlife.
The purpose of this act is to strengthen the administration of the Act 250 program by changing the structure, function, and name of the Natural Resources Board. Included in the changes:
- Appeals of the Act 250 permit decisions to be heard by a five-member board called the Environmental Review Board.
- The Environmental Division of the Superior Court would continue to hear the other types of cases within its jurisdiction.
- The Environmental Review Board would keep the current duties of the Natural Resources Board in addition to hearing appeals.
- The Board would provide oversight, management, and training to the Act 250 program and staff and District Commissions,
- The Board would develop Act 250 program policy through permit decisions and rulemaking
House Natural Resources, Fish and Wildlife Committee voted 8-3 in favor of the bill as amended and it will likely be taken up by the House after Town Meeting week break.
S.234 An act related to changes to Act 250
This bill proposes to make multiple amendments to the State land use and development law, Act 250, including easing the permit requirements for Priority Housing Projects to quickly increase affordable housing in Vermont. On Friday, Senator Bray (D-Addison), Chair of Senate Natural Resources, offered an amendment to exempt the construction of a priority housing project funded primarily by ARPA funds if the mixed income housing project to be constructed contains at least 80% of the housing units with a duration of affordability of not less than 30 years.
While this Committee is focused on ensuring ARPA funds are used to increase affordable housing, committee members raised concerns about the amendment crossing over to housing policy which is not the expertise of the Natural Resources and Energy Committee. Regardless, they voted 4-1 to move S.234 out favorably.
Click here to view the bill as recommended by Senate Natural Resources.
S.268 An act relating to the Right to Farm
The Senate Judiciary and Agriculture Committees met to have committee discussion and review the reasoning behind the bill with Legislative Council. S.268 represents a law similar to other states and more proactively protects what is a farm and farming.
The Committee seemed to get caught up on how this will affect water quality protection. The Vermont Farm Bureau testified in support of the bill but also stated that if the committee doesn’t take it up this year, then the bill can be re-introduced next year, and the pending court case may be finished by then.
VDPA will work to have members reach out to members of the Senate Judiciary Committee over the Town Meeting break. When the Legislature returns, they will only have from March 8-11th to pass S.268 out of committee in order to have time to get to the House for consideration. Below is a list of the Judiciary Committee Members.
If you are willing to testify on the bill, please email Peggy Delaney, Committee Assistant at pdelaney@leg.state.vt.us
SENATE JUDICIARY
The Senate Committee on Judiciary has jurisdiction over matters relating to judicial and legal affairs; and motor vehicle and homeowner liability insurance.
- Sen. Dick Sears Jr. (D) Chair, Bennington District; rsears@leg.state.vt.us 343 Matteson Rd., North Bennington, VT 05257
- Sen. Philip Baruth, (D/P) Vice Chair, Chittenden District; pbaruth@leg.state.vt.us 120 Nottingham Lane, Burlington, VT 05408 (802) 503-5266
- Sen. Jeanette K. White (D) Windham District; jwhite@leg.state.vt.us 35A Old Depot Rd., Putney, VT 05346 (802) 387-4379
- Sen. Alice W. Nitka, Vice Chair (D) Windsor District; anitka@leg.state.vt.us PO Box 136, Ludlow, VT 05419 (802) 228-8432
- Sen. Joe Benning, (R) Caledonia District; jbenning@leg.state.vt.us 291 Happy Hill Rd., Lyndonville, VT 05851 (802) 626-3600
Dairy Insurance Risk proposal (Click here for the draft language) - Included in the 2022 Budget Adjustment bill. The bill was sent to a Committee of Conference mostly for discussion and clarification.
The Dairy Risk Insurance funding is included in the bill to provide dairy operations with risk management coverage to pay producers when there is a gap between milk prices and average feed costs as defined by the program. The funding, $2.7M, should be ample to have all farms buy into the insurance coverage.
H.709 An act relating to miscellaneous agricultural subjects (passed House)
The House Agriculture Housekeeping bill is technical in nature and includes accessory on-farm business, allows electronic mail as an option, produce inspection, farm inspections, mosquito control, hemp, exotic plant and allows small farms to do chicken composting.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
Week 7 of the Vermont Legislative Session – February 18, 2022
The Legislature is settling into finalizing priorities and bills that should move this session. The House Energy & Technology Committee has spent the bulk of the seven weeks trying to design and fund “Clean Heating Standards”. The bill under consideration will establish the Clean Heat Standard to reduce Vermont’s greenhouse gas emissions from the thermal sector. Under the current draft, the program will be administered by the Public Utility Commission with assistance from the Clean Heat Standard Technical Advisory Group. Under the Vermont Global Warming Solutions Act passed in 2020, Vermont has a legal obligation to reduce greenhouse gas emissions to specific levels by 2025, 2030, and 2050. The Public Utility Commission will create and distribute clean heat standard credits to entities like Efficiency Vermont that complete projects, such as installing electric heat pumps, that reduce the consumption of heating fuels. The PUC will require Vermont’s wholesale fuel sellers to collect a fee on home heating fuel. Not only does the bill create another entity but also will require a fee that is perceived as a penalty on heating fuel unless you are considered low income. This bill would face stiff opposition from Governor Scott and likely a veto if it makes its way through the Legislature before adjournment in May.
S.268 An act relating to the Right to Farm
The Senate Judiciary and Agriculture Committees met jointly to hear from a wide range of agriculture sectors regarding the right to farm bill. Legislative Council stated that the proposed bill would put Vermont in line with most protective laws in the country.
The bill proposes to update the current right to farm law to provide a farm shall not be a public or private nuisance under one or more of the following:
· The farm existed before a change in the land use in proximity to the farm, and if before that change in land use of the farm, the farm would not have been a nuisance
· The farm alleged to be a nuisance conforms to State and federal law
· The farm has been conducting the agricultural activity at issue for two or more years prior to the date a nuisance action has commenced
The bill also would provide that if a farm prevails in a nuisance suit brought against it, the court shall require the plaintiff to pay the actual amount of costs and expenses incurred by the farm in defense, including attorney’s fees.
We expect the committees will continue to work on this in the coming weeks. The bill would need to be passed out of Senate Judiciary prior to March 11th in order to meet the crossover deadline.
H.466 An act relating to surface water withdrawals and interbasin transfers
This bill is a product of a working group to address a question regarding one ski area transferring water from one area to another. The bill requires any person withdrawing 5,000 gallons or more of surface water in a 24-hour period to register with the Agency of Natural Resources (ANR) beginning January 1, 2023
Withdrawals of 50,000 gallons in 24-hour period shall provide meter data. Additionally, ANR will develop a surface water withdrawal permit program on or before July 1, 2026. Several current surface water withdrawals are exempt because they are already permitted by State agencies. Constructed ponds of less than 10 acres that don’t overflow into a water of the state or part of the Vermont water standards, would NOT be part of the program.
Exemptions in the bill include:
The bill requires:
The Senate Agriculture Committee heard testimony from Vermont Vegetable and Berry Growers Association and Dutton Berry Farm.
Comments by those testifying:
Senator Starr has asked that people reach out to the Senate Natural Resources Committee about taking the bill up and asking them to consider making modification.
H.606 An act relating to community resilience and biodiversity protection
This bill proposes to establish State goals of conserving 30 percent of the land of the State by 2030 and 50 percent by 2050.
The House Natural Resources Fish and Wildlife Committee proposed a strike-all amendment to H.606, including changing the act name to Community Resilience and Biodiversity Protection Act, or CRBPA.
The land conserved includes State, Federal, municipal, and private land. The bill requires the development of a plan to implement the conservation goals created in the Vermont Conservation Design proposal and build an inventory of all permanent conserved land in Vermont.
Click here for the Vermont Conservation Design proposal and here for the draft amendment.
Dairy Insurance Risk Bill (Click here for the draft language)
Chair of the Senate Agriculture Committee, Sen. Bobby Starr (Essex-Orleans, D) met with the House Committee on Agriculture about the Dairy Margin Coverage Program. The voluntary program provides dairy operations with risk management coverage that will pay producers when the difference between the national milk price and the average cost of feed falls below a certain level. This language is framed largely to help small and medium sized farms because there is a cap of 5 million pounds. Vermont is losing small farms at an alarming rate and Sen. Starr feels this could give these farms some breathing room. There is potential this language could be tacked onto a “Christmas tree bill” in the near future.
Vermont Citizens Advisory Commission on Lake Champlain's Future present to Legislative Committees Committee
The Council is charged with gathering scientific data and information about activities which affect or have the potential to affect water and wildlife in the Lake Champlain Basin region. The report includes an update on the quality of the waters of the lake, pertinent research findings, and an action plan for water quality and fishery improvement measures and enhancements for public use and access to the lake.
Recommendations include:
The Council concluded by saying that a healthy Lake Champlain ecosystem requires redoubling the State’s funding for investments in developed and natural infrastructure, improving stormwater pollution controls, and restoring forests and floodplains, soils and wetlands, and stream corridors.
The Legislature will look for other funding that could help.
H.626 An act relating to the sale, use, or application of neonicotinoid pesticides
The House Committee on Agriculture & Forestry continued consideration of H.626 and has indicated they would like to vote a bill out but wants more research in the bill on how to fix the pollinator problem. They are still conflicted about whether treated seeds are the issue or if the habitat of the bees is the issue. The Committee continued to hear from farmers about the issues and costs that comes with bringing mandated untreated seeds to a farm. It also came to light that beekeepers can receive funding form the USDA every year when hives are lost. Crossover is approaching and it is possible the Committee will ask for a report to determine if the bill is needed.
H.709 An act relating to miscellaneous agricultural subjects
Previously known as the House Agriculture Housekeeping bill, is technical in nature and includes; accessory on-farm business, allows electronic mail as an option, produce inspection, farm inspections, mosquito control, hemp, exotic plant and allows small farms to do chicken composting. On Friday, the bill passed second reading in the House and will be up for action on Tuesday before heading to the Senate for consideration.
S.52 Increasing the minimum wage to $15.00 per hour by 2025
The Senate Economic Development, Housing & Miliary Affairs Committee continued with what seems to be a Friday morning practice of considering an increase to the minimum wage. Modeling shows that under current law, minimum wage in 2025 would be about $13.87. S.52 proposes to bring minimum wage to $15 per hour. Joint Fiscal reported that they do not have relevant data on wages earned, but “word on the street is that low wage earners have seen an increase in their wages. In fact, middle and low wage workers are seeing a faster increase than those at the high end because there’s a shortage of workers.” The Committee reviewed the age and genders in the minimum wage workforce, which reinforced it is not only teenagers and retirement aged people who are working for minimum wage as of 2019.
S.65 Paid Family Leave
The Senate Economic Development Committee is considering S.65, a bill that would establish a paid leave program that would provide eligible employees with paid parental and family leave and would amend Vermont’s existing Parental and Family Leave Act to make it applicable to additional employers and to clarify certain provisions. The Committee reviewed New Hampshire’s Paid Family Medical Leave, with an idea of possibly using it for model language. A breakdown of their program can be found here. It is likely the language will be added to another bill and most certainly will be used as a bargaining chip at the end of the session.
S.234 An act relating to changes to Act 250
This bill proposes to make multiple amendments to the State land use and development law, Act 250, including creating designated smart growth areas that will be exempt from Act 250 and providing grants to municipalities to assist them in achieving this new designation, adding new criteria for forest blocks and connecting habitat, adding jurisdictional trigger for roads, clarifying Act 250 jurisdiction in one-acre towns, and creating a committee to study the governance and administration of the Act 250 program.
Senate Natural Resources and Energy Committee is considering exempting ARPA funded projects from ACT 250 regulation to facilitate the construction of desperately needed housing more quickly in downtowns and populous areas of the State. This would benefit low- and middle-income Vermonters who are struggling to find affordable housing. Members of the Committee want to require a higher percentage of housing built to be “affordable housing” because the current market rate of housing in Vermont is above affordability for many Vermonters who qualify financially.
The Committee would like to hear from the administration to hear about economic development plans using ARPA funds and how those projects will be impacted by the changes proposed to Act 250. However, members of the Committee and many environmental groups do not agree with exempting projects from Act 250 regulation just to use ARPA dollars more quickly.
Despite opposition from the administration, most of the Committee supports inclusion of the Road Rule in S.234. The proposal would apply to “the construction of a road, roads, driveway, or driveways, which as a single road or driveway is greater than 800 feet, or which in combination is greater than 2,000 feet, to provide access to or within a tract or tracts of land of more than one acre owned or controlled by a person.”
Click here for the chart outlining the bill.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
The Legislature is settling into finalizing priorities and bills that should move this session. The House Energy & Technology Committee has spent the bulk of the seven weeks trying to design and fund “Clean Heating Standards”. The bill under consideration will establish the Clean Heat Standard to reduce Vermont’s greenhouse gas emissions from the thermal sector. Under the current draft, the program will be administered by the Public Utility Commission with assistance from the Clean Heat Standard Technical Advisory Group. Under the Vermont Global Warming Solutions Act passed in 2020, Vermont has a legal obligation to reduce greenhouse gas emissions to specific levels by 2025, 2030, and 2050. The Public Utility Commission will create and distribute clean heat standard credits to entities like Efficiency Vermont that complete projects, such as installing electric heat pumps, that reduce the consumption of heating fuels. The PUC will require Vermont’s wholesale fuel sellers to collect a fee on home heating fuel. Not only does the bill create another entity but also will require a fee that is perceived as a penalty on heating fuel unless you are considered low income. This bill would face stiff opposition from Governor Scott and likely a veto if it makes its way through the Legislature before adjournment in May.
S.268 An act relating to the Right to Farm
The Senate Judiciary and Agriculture Committees met jointly to hear from a wide range of agriculture sectors regarding the right to farm bill. Legislative Council stated that the proposed bill would put Vermont in line with most protective laws in the country.
The bill proposes to update the current right to farm law to provide a farm shall not be a public or private nuisance under one or more of the following:
· The farm existed before a change in the land use in proximity to the farm, and if before that change in land use of the farm, the farm would not have been a nuisance
· The farm alleged to be a nuisance conforms to State and federal law
· The farm has been conducting the agricultural activity at issue for two or more years prior to the date a nuisance action has commenced
The bill also would provide that if a farm prevails in a nuisance suit brought against it, the court shall require the plaintiff to pay the actual amount of costs and expenses incurred by the farm in defense, including attorney’s fees.
We expect the committees will continue to work on this in the coming weeks. The bill would need to be passed out of Senate Judiciary prior to March 11th in order to meet the crossover deadline.
H.466 An act relating to surface water withdrawals and interbasin transfers
This bill is a product of a working group to address a question regarding one ski area transferring water from one area to another. The bill requires any person withdrawing 5,000 gallons or more of surface water in a 24-hour period to register with the Agency of Natural Resources (ANR) beginning January 1, 2023
Withdrawals of 50,000 gallons in 24-hour period shall provide meter data. Additionally, ANR will develop a surface water withdrawal permit program on or before July 1, 2026. Several current surface water withdrawals are exempt because they are already permitted by State agencies. Constructed ponds of less than 10 acres that don’t overflow into a water of the state or part of the Vermont water standards, would NOT be part of the program.
Exemptions in the bill include:
- treatment ponds, lagoons, or wetlands created solely to meet the requirements of a permit issued for discharge; and
- constructed ponds or other impoundments that are used for irrigation or watering of livestock and that are not subject to the Vermont Water Quality Standards.
The bill requires:
- Beginning on January 1, 2023, any person withdrawing 5,000 gallons or more of surface water within 24-hour period shall register with the Secretary. This would be for average withdraw in a 30-day period.
- Beginning on January 1, 2023, a person that is required to register a surface water withdrawal shall file an annual report with the Secretary.
The Senate Agriculture Committee heard testimony from Vermont Vegetable and Berry Growers Association and Dutton Berry Farm.
Comments by those testifying:
- The bill includes irrigation which was not understood in the House
- We were not asked to weigh in on the bill in the House and were unaware of it
- If metering is required it is going to be very expensive, agriculture will hit the 5,000 gallons every day
- The bill is an undue burden to accomplish all the measures and unnecessary paperwork
- New permitting system without any clear goal or benefit to the state
- The entirety of agriculture equals what one large ski area would use, so the usage is small in comparison
- Vermont ranks 50th in the Country for water usage, Vermont is not the problem
- The required data collection should come before the requirement is put on sectors in Vermont that use surface water. (“cart before the horse”)
- The bill is not clear about the trigger for whether you are in the new program or not
Senator Starr has asked that people reach out to the Senate Natural Resources Committee about taking the bill up and asking them to consider making modification.
H.606 An act relating to community resilience and biodiversity protection
This bill proposes to establish State goals of conserving 30 percent of the land of the State by 2030 and 50 percent by 2050.
The House Natural Resources Fish and Wildlife Committee proposed a strike-all amendment to H.606, including changing the act name to Community Resilience and Biodiversity Protection Act, or CRBPA.
The land conserved includes State, Federal, municipal, and private land. The bill requires the development of a plan to implement the conservation goals created in the Vermont Conservation Design proposal and build an inventory of all permanent conserved land in Vermont.
Click here for the Vermont Conservation Design proposal and here for the draft amendment.
Dairy Insurance Risk Bill (Click here for the draft language)
Chair of the Senate Agriculture Committee, Sen. Bobby Starr (Essex-Orleans, D) met with the House Committee on Agriculture about the Dairy Margin Coverage Program. The voluntary program provides dairy operations with risk management coverage that will pay producers when the difference between the national milk price and the average cost of feed falls below a certain level. This language is framed largely to help small and medium sized farms because there is a cap of 5 million pounds. Vermont is losing small farms at an alarming rate and Sen. Starr feels this could give these farms some breathing room. There is potential this language could be tacked onto a “Christmas tree bill” in the near future.
Vermont Citizens Advisory Commission on Lake Champlain's Future present to Legislative Committees Committee
The Council is charged with gathering scientific data and information about activities which affect or have the potential to affect water and wildlife in the Lake Champlain Basin region. The report includes an update on the quality of the waters of the lake, pertinent research findings, and an action plan for water quality and fishery improvement measures and enhancements for public use and access to the lake.
Recommendations include:
- Invest in natural and developed infrastructure to build community and ecological resilience to climate change impacts
- Invest in public access and recreation economy with priority for non-motorized recreation on Lake Champlain
- Invest in aquatic invasive species prevention, including mandatory boat and tailor inspections and decontamination at high-use public launch facilities
- Consolidate water quality enforcement
- Vermont Agency of Agriculture, Food and Markets (AAFM) has had poor communication with Department of Environmental Conservation (DEC) which has led to inconsistent enforcement and confusion
- Invest in the Agricultural transition to sustainability, AAFM must support farmers as they transition to alternative models
- Invest in solutions to emerging contaminants pollution to enable early detection and response
The Council concluded by saying that a healthy Lake Champlain ecosystem requires redoubling the State’s funding for investments in developed and natural infrastructure, improving stormwater pollution controls, and restoring forests and floodplains, soils and wetlands, and stream corridors.
The Legislature will look for other funding that could help.
H.626 An act relating to the sale, use, or application of neonicotinoid pesticides
The House Committee on Agriculture & Forestry continued consideration of H.626 and has indicated they would like to vote a bill out but wants more research in the bill on how to fix the pollinator problem. They are still conflicted about whether treated seeds are the issue or if the habitat of the bees is the issue. The Committee continued to hear from farmers about the issues and costs that comes with bringing mandated untreated seeds to a farm. It also came to light that beekeepers can receive funding form the USDA every year when hives are lost. Crossover is approaching and it is possible the Committee will ask for a report to determine if the bill is needed.
H.709 An act relating to miscellaneous agricultural subjects
Previously known as the House Agriculture Housekeeping bill, is technical in nature and includes; accessory on-farm business, allows electronic mail as an option, produce inspection, farm inspections, mosquito control, hemp, exotic plant and allows small farms to do chicken composting. On Friday, the bill passed second reading in the House and will be up for action on Tuesday before heading to the Senate for consideration.
S.52 Increasing the minimum wage to $15.00 per hour by 2025
The Senate Economic Development, Housing & Miliary Affairs Committee continued with what seems to be a Friday morning practice of considering an increase to the minimum wage. Modeling shows that under current law, minimum wage in 2025 would be about $13.87. S.52 proposes to bring minimum wage to $15 per hour. Joint Fiscal reported that they do not have relevant data on wages earned, but “word on the street is that low wage earners have seen an increase in their wages. In fact, middle and low wage workers are seeing a faster increase than those at the high end because there’s a shortage of workers.” The Committee reviewed the age and genders in the minimum wage workforce, which reinforced it is not only teenagers and retirement aged people who are working for minimum wage as of 2019.
S.65 Paid Family Leave
The Senate Economic Development Committee is considering S.65, a bill that would establish a paid leave program that would provide eligible employees with paid parental and family leave and would amend Vermont’s existing Parental and Family Leave Act to make it applicable to additional employers and to clarify certain provisions. The Committee reviewed New Hampshire’s Paid Family Medical Leave, with an idea of possibly using it for model language. A breakdown of their program can be found here. It is likely the language will be added to another bill and most certainly will be used as a bargaining chip at the end of the session.
S.234 An act relating to changes to Act 250
This bill proposes to make multiple amendments to the State land use and development law, Act 250, including creating designated smart growth areas that will be exempt from Act 250 and providing grants to municipalities to assist them in achieving this new designation, adding new criteria for forest blocks and connecting habitat, adding jurisdictional trigger for roads, clarifying Act 250 jurisdiction in one-acre towns, and creating a committee to study the governance and administration of the Act 250 program.
Senate Natural Resources and Energy Committee is considering exempting ARPA funded projects from ACT 250 regulation to facilitate the construction of desperately needed housing more quickly in downtowns and populous areas of the State. This would benefit low- and middle-income Vermonters who are struggling to find affordable housing. Members of the Committee want to require a higher percentage of housing built to be “affordable housing” because the current market rate of housing in Vermont is above affordability for many Vermonters who qualify financially.
The Committee would like to hear from the administration to hear about economic development plans using ARPA funds and how those projects will be impacted by the changes proposed to Act 250. However, members of the Committee and many environmental groups do not agree with exempting projects from Act 250 regulation just to use ARPA dollars more quickly.
Despite opposition from the administration, most of the Committee supports inclusion of the Road Rule in S.234. The proposal would apply to “the construction of a road, roads, driveway, or driveways, which as a single road or driveway is greater than 800 feet, or which in combination is greater than 2,000 feet, to provide access to or within a tract or tracts of land of more than one acre owned or controlled by a person.”
Click here for the chart outlining the bill.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
Week 6 of the Vermont Legislative Session – February 11, 2022
The Vermont General Assembly recovered from a major snowstorm last week and began this week with a vote to change the Vermont Constitution to protect women’s productive rights. This pushed much of Tuesday’s schedule into later in the week. The Legislature is now one-third of the way through the session and are starting to finalize priority bills and goals.
The session continues under remote legislating by the Senate and hybrid manner by the House. It became noticeably clear that no assemblance of normal will be seen until after the Town Meeting week break. This is a break commonly used by legislators to meet with constituents and attend Town Meetings, many of which will again be held remotely due to the lingering pandemic.
The politics are starting to bubble up even with very few people in the Statehouse. Last week, the General Assembly passed H.157, An act relating to registration of contractors. After landing on the Governor’s desk, it hit the blockade of Governor Scott’s veto pen and was returned without his signature.
Excerpts from Scott’s letter to the General Assembly:
“This bill favors larger and more established businesses at the expense of small entry-level businesses by imposing, by law, specific contract and insurance requirements that many of the smaller businesses will not be able to meet. Such specific requirements are rarely, if ever imposed on other professions. Ultimately, these provisions harm small businesses – which could lead to closures – and they harm consumers through higher costs and fewer options for making needed repairs.
There are multiple ways of finding residential contractors in one’s community and for holding contractors accountable without creating this new regulatory system. One can find directories maintained by trades associations, as well as commercial listings, social media, consumer sites, references, and, of course, word of mouth.”
Governor Scott went on to remind the Legislature that he is open to working with them on laws that he could support rather than having to veto such bills. We anticipate a variety of other bills will be forced on Scott pressing him to make tough decisions.
S.263 An act relating to supporting economic development
This bill proposes to encourage new workers to relocate to Vermont, to provide flexibility for Economic Recovery grants, to increase the capacity for the Capital Investment Program, to enable project-based tax increment financing districts, and to promote sustainable development and affordable housing.
The Senate Economic Development, Housing and General Affairs Committee will continue to work on proposals in this 66-page bill for the next few weeks. The bill contains appropriations for several programs but also aims to re-allocate Economic Recovery Funds from programs that were underutilized to areas of need, for example the Capital Investment Program, which assists businesses with capital improvements to strengthen Vermont’s economy.
Senate Randy Brock (R-Franklin) told his committee at the start of working on the bill that he plans to introduce a resolution that limits the length of any bill to 100 pages – possibly an indication of how much this omnibus economic development bill may grow to in the coming weeks.
AGRICULTURE & ENVIRONMENT
Agency of Agriculture, Food and Markets Housekeeping bill
The draft includes:
Working Lands Enterprise Board
The Working Lands Enterprise Initiative Board met with House and Senate Agriculture jointly to share their Impact Report for 2021. Formed in 2012, the board was created to stimulate economic development in the agriculture and forestry sectors by advancing entrepreneurship, business development, and job creation. To date, they have funded 249 projects in all 14 counties and distributed over $7.3 million in working lands funds. Focus areas in 2021 and funding categories are annually reviewed to ensure sufficient attention toward the priority issues and needs of the agricultural and forestry industries. The Board is always finding new sectors to invest in, to include the growing agriculture landscape of Vermont. For the FY22 grant cycle, the Board has $5.3 million, which they have already reviewed over 100 businesses in need, with project requests totally $10,522,053. Both committees were thrilled with the work being done to help Vermont’s agriculture sector and look forward to hearing more updates.
H.704 - An act relating to the regulation of accessory on-farm businesses
This House Agriculture Committee reviewed a bill that could become part of the omnibus rural economic development.
This bill proposes to:
Farm Worker Housing Repair Program Overview to Legislature
Through VHCB, $1.2 million will be available for farm housing. The first rounding of funding is $500,000 and the additional will go out in a second round of grant funding.
Anticipated Outcomes:
ENVIRONMENT / ACT 250
H.492 An act relating to the structure of the Natural Resources Board
House Natural Resources, Fish and Wildlife committees continues to amend H.492 as they listen to testimony from all parties involved in the Act 250 process. Draft 3.1 includes proposals to strengthen the administration of the Act 250 program by changing the structure, function, and name of the Natural Resources Board. Appeals of Act 250 permit decisions be heard by a five-member board called the Environmental Review Board. The Environmental Division of the Superior Court would continue to hear the other types of cases within its jurisdiction.
The Environmental Review Board would keep the current duties of the Natural Resources Board in addition to hearing appeals. This change would allow the Act 250 program to return to how it was originally envisioned when enacted by being a citizen-friendly process administered by lay citizens. The Board would provide oversight, management, and training to the Act 250 program staff and District Commissions and develop Act 250 program policy though permit decisions and rulemaking.
The legislature has been working for the past three sessions to pass changes to Act 250 following recommendations made by the Act 250 Commission which was appointed in 2017.
S.234 An act relating to changes to Act 250
This bill proposes to make multiple amendments to the State land use and development law, Act 250, including creating designated smart growth areas that will be exempt from Act 250 and providing grants to municipalities to assist them in achieving this new designation, adding new criteria for forest blocks and connecting habitat, adding jurisdictional trigger for roads, clarifying Act 250 jurisdiction in one-acre towns, and creating a committee to study the governance and administration of the Act 250 program.
Sabina Haskell, Chair of the Natural Resources Board, testified to the Senate Natural Resources & Energy Committee that the Administration does not support S.234. She explained the Administration’s focus is on American Rescue Plan Act (ARPA) dollars and maximizing the use of federal dollars in the time permitted. She added the Administration also does not support the inclusion of the Road Rule in Act 250 revisions as it could impede desperately needed housing projects.
Several environmental groups do not agree with the Administration and support bringing the road rule back to the Act 250 permit program. The Committee will consider a compromise for amending the road rule in the next draft.
EMPLOYEE / EMPLOYER
S.65 An act relating to Paid Leave
There are many questions regarding paid family leave and paid time off and how the bill, as written, would apply in COVID times. The bill covers personal sickness, caring for a family member who is sick, and other similar circumstances. The bill does not cover provisions like having to quarantine if exposed to a virus or being home with a sick child. However, the Senate Economic Development Committee decided they will add Paid Leave language relating to COVID-like circumstances into their omnibus bill. The chair stated that it will give employers some options and the hope is to use ARPA funds for the program, until the funds run out.
H.559 An act relating to Workers’ compensation
This bill proposes to set the annual rate of contribution for the Workers’ Compensation Administrative Fund. The rate of contribution is proposed to be set at 1.5%, a one-tenth of a percent increase from last year. The House passed H.559 on Wednesday; the bill moves to the Senate for consideration.
H.29 An act relating to notifying prospective employees of ineligibility for unemployment insurance benefits
This bill proposes to require employers to notify prospective employees when employment with the employer will not make them eligible for unemployment benefits.
The House Commerce and Economic Development Committee listened to testimony from the Department of Labor regarding issues that occurred during pandemic layoffs due to employees not realizing they were ineligible for unemployment benefits. This bill is an attempt to address those issues for future layoffs.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
The Vermont General Assembly recovered from a major snowstorm last week and began this week with a vote to change the Vermont Constitution to protect women’s productive rights. This pushed much of Tuesday’s schedule into later in the week. The Legislature is now one-third of the way through the session and are starting to finalize priority bills and goals.
The session continues under remote legislating by the Senate and hybrid manner by the House. It became noticeably clear that no assemblance of normal will be seen until after the Town Meeting week break. This is a break commonly used by legislators to meet with constituents and attend Town Meetings, many of which will again be held remotely due to the lingering pandemic.
The politics are starting to bubble up even with very few people in the Statehouse. Last week, the General Assembly passed H.157, An act relating to registration of contractors. After landing on the Governor’s desk, it hit the blockade of Governor Scott’s veto pen and was returned without his signature.
Excerpts from Scott’s letter to the General Assembly:
“This bill favors larger and more established businesses at the expense of small entry-level businesses by imposing, by law, specific contract and insurance requirements that many of the smaller businesses will not be able to meet. Such specific requirements are rarely, if ever imposed on other professions. Ultimately, these provisions harm small businesses – which could lead to closures – and they harm consumers through higher costs and fewer options for making needed repairs.
There are multiple ways of finding residential contractors in one’s community and for holding contractors accountable without creating this new regulatory system. One can find directories maintained by trades associations, as well as commercial listings, social media, consumer sites, references, and, of course, word of mouth.”
Governor Scott went on to remind the Legislature that he is open to working with them on laws that he could support rather than having to veto such bills. We anticipate a variety of other bills will be forced on Scott pressing him to make tough decisions.
S.263 An act relating to supporting economic development
This bill proposes to encourage new workers to relocate to Vermont, to provide flexibility for Economic Recovery grants, to increase the capacity for the Capital Investment Program, to enable project-based tax increment financing districts, and to promote sustainable development and affordable housing.
The Senate Economic Development, Housing and General Affairs Committee will continue to work on proposals in this 66-page bill for the next few weeks. The bill contains appropriations for several programs but also aims to re-allocate Economic Recovery Funds from programs that were underutilized to areas of need, for example the Capital Investment Program, which assists businesses with capital improvements to strengthen Vermont’s economy.
Senate Randy Brock (R-Franklin) told his committee at the start of working on the bill that he plans to introduce a resolution that limits the length of any bill to 100 pages – possibly an indication of how much this omnibus economic development bill may grow to in the coming weeks.
AGRICULTURE & ENVIRONMENT
Agency of Agriculture, Food and Markets Housekeeping bill
- Senate Agriculture Housekeeping Draft Bill (click
here to view Draft Bill)
The draft includes:
- section on “good standing” in order to apply for grant funding but provides an option for those currently not in good standing to work constructively with the Agency in good faith to resolve all issues that prevent good standing, and the applicant agrees
- reporting for imported materials onto a farm under water quality
- transporting the non-sewage waste to the farm
- adds education, training, and instruction for Farm Agronomic Practices Assistance Program
- House Agriculture Housekeeping Draft Bill (click
here to view Draft Bill) - The House bill is very much technical in nature; accessory on-farm business, allows electronic mail as an option, produce inspection, farm inspections, mosquito control, hemp, exotic plant and allows small farms to do chicken composting.
Working Lands Enterprise Board
The Working Lands Enterprise Initiative Board met with House and Senate Agriculture jointly to share their Impact Report for 2021. Formed in 2012, the board was created to stimulate economic development in the agriculture and forestry sectors by advancing entrepreneurship, business development, and job creation. To date, they have funded 249 projects in all 14 counties and distributed over $7.3 million in working lands funds. Focus areas in 2021 and funding categories are annually reviewed to ensure sufficient attention toward the priority issues and needs of the agricultural and forestry industries. The Board is always finding new sectors to invest in, to include the growing agriculture landscape of Vermont. For the FY22 grant cycle, the Board has $5.3 million, which they have already reviewed over 100 businesses in need, with project requests totally $10,522,053. Both committees were thrilled with the work being done to help Vermont’s agriculture sector and look forward to hearing more updates.
H.704 - An act relating to the regulation of accessory on-farm businesses
This House Agriculture Committee reviewed a bill that could become part of the omnibus rural economic development.
This bill proposes to:
- clarify the definition of “accessory on-farm business”
- prohibit regional and municipal plans from banning accessory on-farm businesses
- remove the requirement for the business to be subordinate to the farm, provided gross sales from the business do not exceed $200,000.00 annually
- exempt water from the calculation used to determine if products are principally produced on the farm
- exemption from Act 250, it would limit the amount of land used by an accessory on-farm business to one acre and set the maximum size of new buildings to 4,000 square feet.
Farm Worker Housing Repair Program Overview to Legislature
Through VHCB, $1.2 million will be available for farm housing. The first rounding of funding is $500,000 and the additional will go out in a second round of grant funding.
Anticipated Outcomes:
- Improved stability on farms – Attracting and retaining employees
- Improved physical and mental health for farmworkers – Less sick time, less stress
- Looking forward: Preliminary assessment of need for whole house replacement
ENVIRONMENT / ACT 250
H.492 An act relating to the structure of the Natural Resources Board
House Natural Resources, Fish and Wildlife committees continues to amend H.492 as they listen to testimony from all parties involved in the Act 250 process. Draft 3.1 includes proposals to strengthen the administration of the Act 250 program by changing the structure, function, and name of the Natural Resources Board. Appeals of Act 250 permit decisions be heard by a five-member board called the Environmental Review Board. The Environmental Division of the Superior Court would continue to hear the other types of cases within its jurisdiction.
The Environmental Review Board would keep the current duties of the Natural Resources Board in addition to hearing appeals. This change would allow the Act 250 program to return to how it was originally envisioned when enacted by being a citizen-friendly process administered by lay citizens. The Board would provide oversight, management, and training to the Act 250 program staff and District Commissions and develop Act 250 program policy though permit decisions and rulemaking.
The legislature has been working for the past three sessions to pass changes to Act 250 following recommendations made by the Act 250 Commission which was appointed in 2017.
S.234 An act relating to changes to Act 250
This bill proposes to make multiple amendments to the State land use and development law, Act 250, including creating designated smart growth areas that will be exempt from Act 250 and providing grants to municipalities to assist them in achieving this new designation, adding new criteria for forest blocks and connecting habitat, adding jurisdictional trigger for roads, clarifying Act 250 jurisdiction in one-acre towns, and creating a committee to study the governance and administration of the Act 250 program.
Sabina Haskell, Chair of the Natural Resources Board, testified to the Senate Natural Resources & Energy Committee that the Administration does not support S.234. She explained the Administration’s focus is on American Rescue Plan Act (ARPA) dollars and maximizing the use of federal dollars in the time permitted. She added the Administration also does not support the inclusion of the Road Rule in Act 250 revisions as it could impede desperately needed housing projects.
Several environmental groups do not agree with the Administration and support bringing the road rule back to the Act 250 permit program. The Committee will consider a compromise for amending the road rule in the next draft.
EMPLOYEE / EMPLOYER
S.65 An act relating to Paid Leave
There are many questions regarding paid family leave and paid time off and how the bill, as written, would apply in COVID times. The bill covers personal sickness, caring for a family member who is sick, and other similar circumstances. The bill does not cover provisions like having to quarantine if exposed to a virus or being home with a sick child. However, the Senate Economic Development Committee decided they will add Paid Leave language relating to COVID-like circumstances into their omnibus bill. The chair stated that it will give employers some options and the hope is to use ARPA funds for the program, until the funds run out.
H.559 An act relating to Workers’ compensation
This bill proposes to set the annual rate of contribution for the Workers’ Compensation Administrative Fund. The rate of contribution is proposed to be set at 1.5%, a one-tenth of a percent increase from last year. The House passed H.559 on Wednesday; the bill moves to the Senate for consideration.
H.29 An act relating to notifying prospective employees of ineligibility for unemployment insurance benefits
This bill proposes to require employers to notify prospective employees when employment with the employer will not make them eligible for unemployment benefits.
The House Commerce and Economic Development Committee listened to testimony from the Department of Labor regarding issues that occurred during pandemic layoffs due to employees not realizing they were ineligible for unemployment benefits. This bill is an attempt to address those issues for future layoffs.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
Week 5 of the Vermont Legislative Session – February 4, 2022
Three times may be a charm this time around. The Vermont Senate passed a bill that Governor Scott has been ardently opposed to regarding medical monitoring from toxic contamination. The renewed bill that passed the Senate this week would provide a cause of action for the remedy of medical monitoring for a person who is exposed to a proven toxic substance. The bill removes legal barriers that plaintiffs often face when they attempt to hold corporations responsible for the potential harm caused by chemicals that have affected water supplies and such. The legislature has been pressing for laws to provide medical monitoring for Vermonters’ exposure to toxic chemicals like PFAS.
The bill would allow the State to sue the manufacturer of chemicals that have caused harm to our natural resources and allow the State to seek compensation from chemical manufacturers to help clean up chemicals like PFAS from our wastewater treatment plants, water supply systems and lakes, ponds, rivers, and streams.
Governor Scott has had concerns over extreme increases in insurance rates. To date, there has been no clear signal the Governor supports the renewed legislation, and it did not seem as though the Senate cared. The Governor’s staff indicated that the bill still needed work. Perhaps a political move by the Senate to encourage a veto which could be used against the Governor in the fall elections.
Two Chittenden County Progressive Legislators are working to guarantee worker wages and benefits moving forward out of the pandemic, regardless of how the economy performs. Senator Chris Pearson (P/D-Chittenden) will offer an amendment to the Budget Adjustment Act requiring any contract awarded for a maintenance, construction, or improvement project that receives $200K or more in American Rescue Plan Act (ARPA) funds, would have the prevailing wage applied. The only carveout would be for federal projects that require Davis Bacon Wages be paid. The prevailing wage is determined annually by the Department of Labor and applies to all employees working in the construction industry on State projects of $200K or more. Many contractors already pay prevailing wage rates to attract employees, regardless of whether the law requires it. This bill could reduce the buying power at the local level at a time when project cost increases are already impacting how far ARPA dollars will go in communities. No cost analysis was done for the potential impact of this amendment.
Representative Emma Mulvaney-Stanak (P/D-Chittenden) introduced H.356, which includes proposals to amend the formula for determining the amount of compensation due an employee with a temporary disability, increase dependency benefits paid to an individual receiving workers’ compensation from $10/week per dependent to $20/week per dependent, moves the eligible dependent age from 18 to 21, and requires an employer to provide medical case management services in relation to a worker’s injuries. This would very likely cause more cost increases to Vermont’s already struggling businesses.
It is clear the session is beginning to heat up and will also become more political as controversial measures make their way down the road in hopes of passage. This is arguably easier to accomplish while working in a hybrid manner when there are few direct lines of communication to legislators. It is the hope by many that the Vermont General Assembly will be back for in-person legislating by the March recess.
H.679 FY 2022 Budget Adjustment includes $370 million (passed Senate)
The bill includes:
A full list of highlights from the budget bill can be found here.
AGRICULTURE & ENVIRONMENT
S.268 An act relating to the right to farm
A bill introduced by Senators Parent, Brock, and Starr, currently sits in Senate Judiciary. We anticipate the bill would need to be considered by both Judiciary and Agriculture, and the Agriculture Committee should take a first stab. As of Friday, the bill was still in the Senate Judiciary Committee.
The walk-through of the bill and comparisons of Vermont to other states led to three of the 5-member Senate Committee wanting to continue moving forward. Sen Chris Pearson (D/P-Burlington) is willing to continue to take testimony but warned that opening up the current law could lead to making the law less friendly to farmers.
Legislative Council stated that the proposed bill would put Vermont in line with most protective laws in the country. The committee still did not have the bill in their possession. Sen. Starr will work to get the bill moved out of Senate Judiciary and into his Agriculture Committee.
H.626 An act relating to the sale, use, or application of neonicotinoid pesticides
The House Committee on Agriculture & Forestry was buzzing this week as they reviewed H.626 which relates to prohibiting neonicotinoid pesticides until the Secretary of Agriculture, Food and Markets adopts rules around these pesticides. This bill was introduced to protect the pollinator population in the State and ensure the viability of farming. The committee would like to find a solution to the pollinator problem and indicated that maybe this bill isn’t the way to do so. The Committee will continue to hear from other stakeholders to help find the middle ground in hopes of helping the pollinators.
Vermont Federal Legislative Delegation Update
The Federal Delegation met with Legislators to discuss agriculture funding coming to Vermont. Senator Leahy’s Office spoke about the Dairy Margin Coverage (DMC) Program, a program that enables producers to get coverage through a safety-net program for another year as well as additional assistance through the new Supplemental Dairy Margin Coverage. In Vermont, 123 farms in Vermont have signed up so far and producers can sign up for 2022 coverage until February 18th, 2022. DMC provides eligible dairy producers with risk management coverage that pays producers when the difference between the price of milk and the cost of feed falls below a certain level. More information can be found here. You can also contact your local USDA service center for more information.
H.501 An act relating to physical contaminant standards for residual waste, digestate, and soil amendments
This bill proposes to require the Secretary of Natural Resources to adopt standards for the allowable levels of physical contaminants in residual waste, digestate, and soil amendments sold, or land applied in the State. The bill would require the rules to provide that residual waste, digestate, and soil amendments shall not contain more than 0.5 percent by dry weight of physical contaminants greater than one millimeter and that no more than percent by dry weight of the 0.5 percent by dry weight of physical contaminants shall be film plastic greater than one millimeter.
The House Natural Resources, Fish & Wildlife Committee took preliminary testimony regarding the use of a de-packaging facility to collect outdated or compromised food products for separation and reuse. The Agency of Natural Resources testified that they have looked at reports and there is not much data out there. The VT Department of Health did not have much to offer either and both have agreed to continue to monitor and look at additional testing as it becomes available.
We expect the committee to continue considering H.501. Black Dirt and the Compost Association testified in support of the moratorium and supports the study in the bill.
Senate Considers micro-plastics
The Senate also took testimony on microplastics from UVM, Purpose Energy, Casella Waste Systems and Retailers. The de-packaging facility is one component of food scraps reuse. The Committee doesn’t currently have a bill of their own to work from but intends to look into how contamination affects agricultural soils. However, Senate Natural Resources has a bill (S.282) that would place a moratorium on de-packaging and require a maximum contamination level be set.
H.466 An act relating to surface water withdrawals and interbasin transfers (passed House, In Senate Natural Resources)
This bill proposes to regulate the surface water withdrawals and interbasin transfers of surface water occurring in the State.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
Three times may be a charm this time around. The Vermont Senate passed a bill that Governor Scott has been ardently opposed to regarding medical monitoring from toxic contamination. The renewed bill that passed the Senate this week would provide a cause of action for the remedy of medical monitoring for a person who is exposed to a proven toxic substance. The bill removes legal barriers that plaintiffs often face when they attempt to hold corporations responsible for the potential harm caused by chemicals that have affected water supplies and such. The legislature has been pressing for laws to provide medical monitoring for Vermonters’ exposure to toxic chemicals like PFAS.
The bill would allow the State to sue the manufacturer of chemicals that have caused harm to our natural resources and allow the State to seek compensation from chemical manufacturers to help clean up chemicals like PFAS from our wastewater treatment plants, water supply systems and lakes, ponds, rivers, and streams.
Governor Scott has had concerns over extreme increases in insurance rates. To date, there has been no clear signal the Governor supports the renewed legislation, and it did not seem as though the Senate cared. The Governor’s staff indicated that the bill still needed work. Perhaps a political move by the Senate to encourage a veto which could be used against the Governor in the fall elections.
Two Chittenden County Progressive Legislators are working to guarantee worker wages and benefits moving forward out of the pandemic, regardless of how the economy performs. Senator Chris Pearson (P/D-Chittenden) will offer an amendment to the Budget Adjustment Act requiring any contract awarded for a maintenance, construction, or improvement project that receives $200K or more in American Rescue Plan Act (ARPA) funds, would have the prevailing wage applied. The only carveout would be for federal projects that require Davis Bacon Wages be paid. The prevailing wage is determined annually by the Department of Labor and applies to all employees working in the construction industry on State projects of $200K or more. Many contractors already pay prevailing wage rates to attract employees, regardless of whether the law requires it. This bill could reduce the buying power at the local level at a time when project cost increases are already impacting how far ARPA dollars will go in communities. No cost analysis was done for the potential impact of this amendment.
Representative Emma Mulvaney-Stanak (P/D-Chittenden) introduced H.356, which includes proposals to amend the formula for determining the amount of compensation due an employee with a temporary disability, increase dependency benefits paid to an individual receiving workers’ compensation from $10/week per dependent to $20/week per dependent, moves the eligible dependent age from 18 to 21, and requires an employer to provide medical case management services in relation to a worker’s injuries. This would very likely cause more cost increases to Vermont’s already struggling businesses.
It is clear the session is beginning to heat up and will also become more political as controversial measures make their way down the road in hopes of passage. This is arguably easier to accomplish while working in a hybrid manner when there are few direct lines of communication to legislators. It is the hope by many that the Vermont General Assembly will be back for in-person legislating by the March recess.
H.679 FY 2022 Budget Adjustment includes $370 million (passed Senate)
The bill includes:
- $2.6M for the Dairy Margin Coverage Program (risk assistance) which provide dairy operations with risk management coverage to pay producers when there is a gap between milk prices and average feed costs as defined by the program.
- $81M of unreserved and undesignated GF which may be used in FY23 as state match for the federal infrastructure bill
- $1.725M Ed Fund for supplemental grants to Career Technical Ed Center
- $1M for second round of workforce training at UVM for VT residents
- $2M for Working Lands Enterprise Initiatives
- $60M (including $30M ARPA SFR, $25M Home and Community Based Services Plan funds and $5M GF) for a needs-based retention and recruitment grant program to shore up critical provider systems in health care and social services
- $50M additional onetime GF to apply a total of $200M to pension liabilities in pending Senate pension legislation.
A full list of highlights from the budget bill can be found here.
AGRICULTURE & ENVIRONMENT
S.268 An act relating to the right to farm
A bill introduced by Senators Parent, Brock, and Starr, currently sits in Senate Judiciary. We anticipate the bill would need to be considered by both Judiciary and Agriculture, and the Agriculture Committee should take a first stab. As of Friday, the bill was still in the Senate Judiciary Committee.
The walk-through of the bill and comparisons of Vermont to other states led to three of the 5-member Senate Committee wanting to continue moving forward. Sen Chris Pearson (D/P-Burlington) is willing to continue to take testimony but warned that opening up the current law could lead to making the law less friendly to farmers.
Legislative Council stated that the proposed bill would put Vermont in line with most protective laws in the country. The committee still did not have the bill in their possession. Sen. Starr will work to get the bill moved out of Senate Judiciary and into his Agriculture Committee.
H.626 An act relating to the sale, use, or application of neonicotinoid pesticides
The House Committee on Agriculture & Forestry was buzzing this week as they reviewed H.626 which relates to prohibiting neonicotinoid pesticides until the Secretary of Agriculture, Food and Markets adopts rules around these pesticides. This bill was introduced to protect the pollinator population in the State and ensure the viability of farming. The committee would like to find a solution to the pollinator problem and indicated that maybe this bill isn’t the way to do so. The Committee will continue to hear from other stakeholders to help find the middle ground in hopes of helping the pollinators.
Vermont Federal Legislative Delegation Update
The Federal Delegation met with Legislators to discuss agriculture funding coming to Vermont. Senator Leahy’s Office spoke about the Dairy Margin Coverage (DMC) Program, a program that enables producers to get coverage through a safety-net program for another year as well as additional assistance through the new Supplemental Dairy Margin Coverage. In Vermont, 123 farms in Vermont have signed up so far and producers can sign up for 2022 coverage until February 18th, 2022. DMC provides eligible dairy producers with risk management coverage that pays producers when the difference between the price of milk and the cost of feed falls below a certain level. More information can be found here. You can also contact your local USDA service center for more information.
H.501 An act relating to physical contaminant standards for residual waste, digestate, and soil amendments
This bill proposes to require the Secretary of Natural Resources to adopt standards for the allowable levels of physical contaminants in residual waste, digestate, and soil amendments sold, or land applied in the State. The bill would require the rules to provide that residual waste, digestate, and soil amendments shall not contain more than 0.5 percent by dry weight of physical contaminants greater than one millimeter and that no more than percent by dry weight of the 0.5 percent by dry weight of physical contaminants shall be film plastic greater than one millimeter.
The House Natural Resources, Fish & Wildlife Committee took preliminary testimony regarding the use of a de-packaging facility to collect outdated or compromised food products for separation and reuse. The Agency of Natural Resources testified that they have looked at reports and there is not much data out there. The VT Department of Health did not have much to offer either and both have agreed to continue to monitor and look at additional testing as it becomes available.
We expect the committee to continue considering H.501. Black Dirt and the Compost Association testified in support of the moratorium and supports the study in the bill.
Senate Considers micro-plastics
The Senate also took testimony on microplastics from UVM, Purpose Energy, Casella Waste Systems and Retailers. The de-packaging facility is one component of food scraps reuse. The Committee doesn’t currently have a bill of their own to work from but intends to look into how contamination affects agricultural soils. However, Senate Natural Resources has a bill (S.282) that would place a moratorium on de-packaging and require a maximum contamination level be set.
H.466 An act relating to surface water withdrawals and interbasin transfers (passed House, In Senate Natural Resources)
This bill proposes to regulate the surface water withdrawals and interbasin transfers of surface water occurring in the State.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
Week 4 of the Vermont Legislative Session – January 28, 2022
Mid-week both the House & Senate Leadership met to consider changing temporary rules to allow them to legislate remotely. This comes after two important factors. First, at the beginning of the week two people entering the Statehouse tested positive for Covid. It hasn’t been determined if they were legislators but with recommendations or suggestions that members of the public do not enter the building, it was likely the two cases were connected to Legislators. Secondly, the daily case counts had begun to drop dramatically at the beginning of the week, but hospitalization and patients in the ICU have increased.
On Thursday, the House Rules Committee voted to continue to work in the “hybrid” manner for until February 15th. The actual date of return will be revisited every two weeks to ensure coming back in person is the best decision. Several Progressives pushed back a bit stating that returning after Town Meeting week would be easier for people to plan for childcare and other pressures.
Just when we think the pandemic is near the end, the Legislature is eyeing bringing forth old priorities. An increase in the minimum wage and paid family leave are back on the table. Legislators are trying to create opportunities for employees when it is already an “employees” market. Increasing the minimum wage and adding additional employee benefits when employers are struggling could be the last straw for some of those businesses that have fought the pandemic and are on the brink of giving up. Accelerating wage and benefit provisions are a clear indication that the Legislature is disconnected from the economic pressures across Vermont and the country.
Time will tell, committees have just six weeks left before bills must pass and crossover to the other Chamber in order to keep bills in play for this biennium.
Repurposing Funding for Economic Recovery Bridge Grants
The legislature is considering a proposal from the Agency of Commerce and Community Development to take underutilized funds from the Economic Recovery Bridge Grant Program and move them to the Capital Investment Program; both are economic recovery programs.
To date, only $4M of the $30M allocated to Economic Recovery Bridge Grants has been used. In addition, the agency does not have applications waiting for funding. The main reason for lack of eligible applicants is the strict parameters set by the federal government.
The Vermont Capital Investment Program is also funded by Federal State Fiscal Recovery funds and is subject to both state and federal eligibility. While the Bridge program covered a lot of short-term expenses for businesses, the Capital Investment Program focuses on longer term investments that could yield results in years to come.
Another proposal is to move a portion of the underutilized funds to a Vermont Economic Development Authority (VEDA) forgivable loan program. However, this would be a new program and VEDA is not normally in the business of giving loans. The discussion will continue in Senate Appropriations as they review the FY2022 Budget Adjustment bill.
S.258 An act relating to amending the Required Agricultural Practices in order to address climate resiliency
A bill introduced by Sen. Pearson and Pollina to evaluate the current RAPs to see if with climate change they are meeting their goal. After a robust committee discussion with AAFM, the committee seemed to be tilted to not require the review of the RAPS’. Legislative Council reminded the committee that updates were required on 2015, worked on in 2016 through LCAR and then add Technical Service providers in 2018 so they receive constant review.
We will continue to monitor.
S.268 An act relating to the right to farm
A bill introduced by Senators Parent, Brock, and Starr, currently sits in Senate Judiciary. We anticipate the bill would need to be considered by both Judiciary and Agriculture, and the Agriculture Committee should take a first stab. As of Friday, the bill was still in the Senate Judiciary Committee.
S.280 An act relating to miscellaneous changes to laws related to vehicles
This annual bill proposes to make miscellaneous changes to laws related to vehicles including simplifying the process for milk hauler permits.
Senate Transportation kept this year’s DMV bill simple and have already voted in favor of the proposed changes. The bill will likely be voted on by the Senate next week before going to the House for consideration.
H.626 An act relating to the sale, use, or application of neonicotinoid pesticides
This bill proposes to prohibit the use of the neonicotinoid pesticides until the Secretary of Agriculture, Food and Markets adopts rules for the sale, use, or application of neonicotinoid pesticides. If the Secretary fails to adopt the rules by July 1, 2024, the prohibition on the sale, use, or application of neonicotinoid pesticides would become permanent.
The bill would remove exemptions currently in law:
H.466 An act relating to surface water withdrawals and interbasin transfers
This bill proposes to regulate the surface water withdrawals and interbasin transfers of surface water occurring in the State.
The bill requires any person withdrawing 5,000 gallons or more of surface water in a 24-hour period to register with the Agency of Natural Resources (ANR) beginning January 1, 2023. Withdrawals of 50,000 gallons in 24-hour period shall provide meter data. Additionally, ANR will develop a surface water withdrawal permit program on or before July 1, 2026. Several current surface water withdrawals are exempted because they are already permitted by State agencies.
The House voted favorably to pass the bill despite several questions from Representatives concerned about the unintended consequences. Questions centered on the following:
Representative Kari Dolan, (D-Waitsfield) explained the working group process but did not say the group heard specifically from the construction industry. As the bill moves through the Senate, these questions will likely reappear.
S.234 An act relating to changes to Act 250
This bill proposes to make multiple adjustments to the State land use and development law, Act 250, including:
Senate Natural Resources and Energy listened to testimony from developers about their experiences with housing development in the State.
The consensus was the permit process needs significant improvement to meet the current needs of Vermont’s housing shortage. Examples of delays ranged from 9-12 month wait times for permits for water systems, construction, or water supply, as well as lengthy public hearing process.
One concern mentioned by a developer pertains to the “Road Rule” which triggers the need for an Act 250 permit if greater than 2000 feet. The bill includes an exemption for roads located entirely with a Designated Downtown or Neighborhood Development Area. Both of those are designations a municipality applies for and if development occurs outside the designated area, but still within a municipality or Smart Growth area, then an Act 250 permit would be required for the road. Patrick O’Brien, speaking on behalf of the Home Builders Association, asked for the road exemption to include Priority Housing projects since that is what Vermont so desperately needs.
It is uncertain if there will be enough time in the session to move a bill that updates a major portion of Act 250 regulation.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
Mid-week both the House & Senate Leadership met to consider changing temporary rules to allow them to legislate remotely. This comes after two important factors. First, at the beginning of the week two people entering the Statehouse tested positive for Covid. It hasn’t been determined if they were legislators but with recommendations or suggestions that members of the public do not enter the building, it was likely the two cases were connected to Legislators. Secondly, the daily case counts had begun to drop dramatically at the beginning of the week, but hospitalization and patients in the ICU have increased.
On Thursday, the House Rules Committee voted to continue to work in the “hybrid” manner for until February 15th. The actual date of return will be revisited every two weeks to ensure coming back in person is the best decision. Several Progressives pushed back a bit stating that returning after Town Meeting week would be easier for people to plan for childcare and other pressures.
Just when we think the pandemic is near the end, the Legislature is eyeing bringing forth old priorities. An increase in the minimum wage and paid family leave are back on the table. Legislators are trying to create opportunities for employees when it is already an “employees” market. Increasing the minimum wage and adding additional employee benefits when employers are struggling could be the last straw for some of those businesses that have fought the pandemic and are on the brink of giving up. Accelerating wage and benefit provisions are a clear indication that the Legislature is disconnected from the economic pressures across Vermont and the country.
Time will tell, committees have just six weeks left before bills must pass and crossover to the other Chamber in order to keep bills in play for this biennium.
Repurposing Funding for Economic Recovery Bridge Grants
The legislature is considering a proposal from the Agency of Commerce and Community Development to take underutilized funds from the Economic Recovery Bridge Grant Program and move them to the Capital Investment Program; both are economic recovery programs.
To date, only $4M of the $30M allocated to Economic Recovery Bridge Grants has been used. In addition, the agency does not have applications waiting for funding. The main reason for lack of eligible applicants is the strict parameters set by the federal government.
The Vermont Capital Investment Program is also funded by Federal State Fiscal Recovery funds and is subject to both state and federal eligibility. While the Bridge program covered a lot of short-term expenses for businesses, the Capital Investment Program focuses on longer term investments that could yield results in years to come.
Another proposal is to move a portion of the underutilized funds to a Vermont Economic Development Authority (VEDA) forgivable loan program. However, this would be a new program and VEDA is not normally in the business of giving loans. The discussion will continue in Senate Appropriations as they review the FY2022 Budget Adjustment bill.
S.258 An act relating to amending the Required Agricultural Practices in order to address climate resiliency
A bill introduced by Sen. Pearson and Pollina to evaluate the current RAPs to see if with climate change they are meeting their goal. After a robust committee discussion with AAFM, the committee seemed to be tilted to not require the review of the RAPS’. Legislative Council reminded the committee that updates were required on 2015, worked on in 2016 through LCAR and then add Technical Service providers in 2018 so they receive constant review.
We will continue to monitor.
S.268 An act relating to the right to farm
A bill introduced by Senators Parent, Brock, and Starr, currently sits in Senate Judiciary. We anticipate the bill would need to be considered by both Judiciary and Agriculture, and the Agriculture Committee should take a first stab. As of Friday, the bill was still in the Senate Judiciary Committee.
S.280 An act relating to miscellaneous changes to laws related to vehicles
This annual bill proposes to make miscellaneous changes to laws related to vehicles including simplifying the process for milk hauler permits.
Senate Transportation kept this year’s DMV bill simple and have already voted in favor of the proposed changes. The bill will likely be voted on by the Senate next week before going to the House for consideration.
H.626 An act relating to the sale, use, or application of neonicotinoid pesticides
This bill proposes to prohibit the use of the neonicotinoid pesticides until the Secretary of Agriculture, Food and Markets adopts rules for the sale, use, or application of neonicotinoid pesticides. If the Secretary fails to adopt the rules by July 1, 2024, the prohibition on the sale, use, or application of neonicotinoid pesticides would become permanent.
The bill would remove exemptions currently in law:
- Pet care products
- Personal care products, for issues such as lice
- Indoor pest control product use
- Treated article seed
H.466 An act relating to surface water withdrawals and interbasin transfers
This bill proposes to regulate the surface water withdrawals and interbasin transfers of surface water occurring in the State.
The bill requires any person withdrawing 5,000 gallons or more of surface water in a 24-hour period to register with the Agency of Natural Resources (ANR) beginning January 1, 2023. Withdrawals of 50,000 gallons in 24-hour period shall provide meter data. Additionally, ANR will develop a surface water withdrawal permit program on or before July 1, 2026. Several current surface water withdrawals are exempted because they are already permitted by State agencies.
The House voted favorably to pass the bill despite several questions from Representatives concerned about the unintended consequences. Questions centered on the following:
- What effect would the program have on snowmaking expansion at ski areas?
- Would homeowners, mostly summer camps, be required to report?
- Did the committee hear testimony from the construction industry, who often uses water for concrete, asphalt, and other projects?
Representative Kari Dolan, (D-Waitsfield) explained the working group process but did not say the group heard specifically from the construction industry. As the bill moves through the Senate, these questions will likely reappear.
S.234 An act relating to changes to Act 250
This bill proposes to make multiple adjustments to the State land use and development law, Act 250, including:
- Creating designated smart growth areas that will be exempt from Act 250
and providing grants to municipalities to assist them in achieving this new designation - Requiring municipalities to respond to Act 250 requests within 90 days
- Adding new criteria for forest blocks and connecting habitat
- Adding a jurisdictional trigger for roads greater than 2,000 feet
- Clarifying permit conditions for wood product manufacturers
- Clarifying Act 250 jurisdiction in one-acre towns
- Creating a committee to study the governance and administration of the Act 250 program
Senate Natural Resources and Energy listened to testimony from developers about their experiences with housing development in the State.
The consensus was the permit process needs significant improvement to meet the current needs of Vermont’s housing shortage. Examples of delays ranged from 9-12 month wait times for permits for water systems, construction, or water supply, as well as lengthy public hearing process.
One concern mentioned by a developer pertains to the “Road Rule” which triggers the need for an Act 250 permit if greater than 2000 feet. The bill includes an exemption for roads located entirely with a Designated Downtown or Neighborhood Development Area. Both of those are designations a municipality applies for and if development occurs outside the designated area, but still within a municipality or Smart Growth area, then an Act 250 permit would be required for the road. Patrick O’Brien, speaking on behalf of the Home Builders Association, asked for the road exemption to include Priority Housing projects since that is what Vermont so desperately needs.
It is uncertain if there will be enough time in the session to move a bill that updates a major portion of Act 250 regulation.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
Week 3 of the Vermont Legislative Session – January 21, 2022
This week kicked off with the Governor’s Annual Budget Address. Governor Scott was very clear on the opportunity to use all the federal funding to get Vermont on a sustainable path. His budget equals $7.7 billion without raising taxes which is a renewed priority. The budget building process started with a $234 million General Fund surplus and a more than $90 million surplus in the Education Fund.
The budget builds on the over $1 billion from the American Rescue Plan Act (ARPA) of which Vermont has not dispersed $500 million. In addition is the $2.2 billion coming from the Congressional infrastructure package.
Since February 2020, we have lost 24,000 people from our workforce. That 24,000 is larger than the population of every city and town in Vermont other than Burlington. It is bigger than some counties. It’s greater than the populations of Williamstown, Johnson, Highgate, Hartland, Pownal, Underhill, and Hyde Park combined. 24,000 is more workers than in the construction and lodging sectors put together. -Governor Phil Scott excerpt from Budget Address
The focus in the budget includes workforce development, career center training programs, worker relocation, and higher education. Scott expressed the need to use this “once in a lifetime opportunity” to make key investments to put Vermont on a path of economic and population growth.
This budget is a proposal for the Vermont General Assembly which the Appropriations Committees will begin breaking down and modifying. The Budget Address was well received by both House & Senate Leadership, but as they take a deeper dive into the Governor’s vision, we will no doubt see a blurring of the lines in spending.
Last week, Sen. Becca Balint, President Pro Tempore called upon the Senate Health & Welfare Committee to consider legislation for a statewide mask mandate that could be tied to exposure rates. The committee took testimony and drafted a bill, but some members balked when the chair asked for a vote on it last week. This week, the Pro Tempore stated there was “no path forward” after talking to the Governor and said the bill was a “waste of finite resources.” This puts the idea of a state-wide mask mandate to bed, and it will continue to be up to each municipality.
Even though the House of Representative was supposed to return to work in-person for committee meetings, about 25% of the Representatives continued to work remotely, joining members of the Senate who are working remotely through February 1st. State Representatives are required to have a Covid related excuse to not work from the Statehouse. Most members of the public who frequent the Statehouse to monitor the goings on of the Legislature, took the que from the apprehensive Leadership team and remained remote.
BUDGET & REVENUES
FY 2023 Governor’s Proposal
The focus will be on spending the $500m still available from ARPA funding, revenues far above projection, and $2.2 billion coming from the Congressional infrastructure package.
FY 2022 Budget Adjustment
This will change over the next fifteen weeks as the Legislature adjusts for their goals and additional funding from the federal government.
A bill, H.679, is a budget bill that trues up the previous 6 month’s spending and provides additional funding for the next 6 months. Typically, a political bill, as the spending reflects spending for democratic priorities. This year the bill sailed through with little debate.
The budget adjustment increases unduplicated appropriations by $358.6M, which is 4.9% over the budget passed in May. This reflects the one-time General Funds currently available within the FY 2022 forecast, appropriating an additional $113M. This bill also allocates $106.3M more ARPA State Fiscal Recovery (SFR) funds.
Click here to view the Fiscal Year 2022 Budget Adjustment Bill as Proposed by House Appropriations Committee.
AGRICULTURE & ENVIRONMENT
The Vermont Dairy Producers Alliance visited with the Senate Agriculture Committee to review some of their goals. Amanda St. Pierre, Executive Director, spoke about the contributions made to Vermont and their communities through serving local fire departments, donating to sports programs, employing families, as well as circulating dollars through banks, dentists, retail, and much more. Emphasizing the working landscape and keeping Vermont’s focus on agriculture.
Also attending were Board Members Bill Rowell and Chanin Hill. Both expressed the need to reform the recovery grants process so farms can actually access the funding. A priority of the Association is to update Vermont’s “Right to Farm” laws so those that are complying with state laws do not face nuisance suits from neighbors.
Risk Protection for Agriculture (Proposal to Senate Appropriations)
The Senate Agriculture Committee voted out a proposal that would be considered by the Senate Appropriation Committee as part of the Budget Adjustment bill. The proposal includes a two-tier system. The first tier would be up to 5 million pounds of milk annually and would be paid for through the budget adjustment bill. The estimated cost is $2.6 million.
For farmers that enroll, tier one would pay out $7,500 per farm that enrolls, and a 2nd tier would be available for farmers to buy into.
The application process will be designed by AAFM so that the process will be simple, and help farms of all sizes. The committee understands that AAFM will work with any farms that are not in good standing to come into good standing so they can participate in the program.
S.268 An act relating to the right to farm (In Senate Judiciary)
This bill proposes to amend the right-to-farm law to provide that a farm or farm operation shall not be found to be a public or private nuisance under one or more of the following:
H.466 An act relating to surface water withdrawals and inter-basin transfers
This bill proposes to regulate surface water withdrawals and interbasin transfers of surface water occurring in the State.
Act 173, signed into law in October of 2020, required the Agency of Natural Resources to convene a Surface Water Diversions and Transfers Study Group. The group learned the Agency of Natural Resources had no list of how many surface water withdrawals were happening statewide. The bill requires any person withdrawing 5,000 gallons or more of surface water in a 24-hour period to register with the Agency of Natural Resources (ANR) beginning January 1, 2023. Withdrawals of 50,000 gallons in 24-hour period shall provide meter data. Additionally, ANR will develop a surface water withdrawal permit program on or before July 1, 2026.
The bill exempts current surface water withdrawals for snowmaking (which is already permitted by ANR), fire suppression, and approved public water supply systems.
The definition of surface waters does not include the following:
Included in the list of exemption for “withdrawals requiring a permit” is direct consumption of surface water by livestock. House Natural Resource, Fish and Wildlife will continue to hear testimony next week.
S.234 An act relating to changes to Act 250
This bill proposes to make multiple adjustments to the State land use and development law, Act 250,
Including:
Committee members will continue testimony in the coming weeks and expressed interest in hearing from developers, Associated General Contractors, the Chamber of Commerce, Ethan Allen Institute, and Vermont Businesses for Social Responsibility.
S.210 An act relating to rental housing health and safety and affordable housing
This bill proposes to improve rental housing health and safety and expand opportunities for affordable housing.
S.210 likely could replace S.79 which has been on the Senate’s calendar since Governor Scott vetoed the bill last session. The Senate Economic Development, Housing and General Affairs Committee worked with the administration to come to a consensus on some of the controversial issues in the bill. The result is a bill focused on creating a rental housing registry and providing funding to improve the safety of Vermont’s rental housing stock.
The requirement to register a rental unit would begin July 1, 2022, and will apply to most rental housing in the State, except for the following:
The bill also creates the Vermont Rental Housing Investment Program and recommends funding of $2M in FY2022, $10M in FY2023; the majority of funding to come from coronavirus relief funds.
This bill is very similar to S.79 but did try to make accommodations to the Governor’s concerns such as inspections being complaint driven and reducing the fines for violations. The Senate will likely vote on S.210 next week and it is anticipated the House will makes some amendments.
Click here for the bill as recommended by Senate Economic Development, Housing and General Affairs
H.627 An act relating to the Vermont Economic Development Authority (passed House)
This bill proposes to increase the maximum size and expand eligibility for certain loans offered by the Vermont Economic Development Authority.
The bill broadens the eligibility for projects VT Economic Development Authority (VEDA) can approve and increases the amount of loans issued by VEDA.
The House passed H.627 on a voice vote; it moves to the Senate for consideration.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
This week kicked off with the Governor’s Annual Budget Address. Governor Scott was very clear on the opportunity to use all the federal funding to get Vermont on a sustainable path. His budget equals $7.7 billion without raising taxes which is a renewed priority. The budget building process started with a $234 million General Fund surplus and a more than $90 million surplus in the Education Fund.
The budget builds on the over $1 billion from the American Rescue Plan Act (ARPA) of which Vermont has not dispersed $500 million. In addition is the $2.2 billion coming from the Congressional infrastructure package.
Since February 2020, we have lost 24,000 people from our workforce. That 24,000 is larger than the population of every city and town in Vermont other than Burlington. It is bigger than some counties. It’s greater than the populations of Williamstown, Johnson, Highgate, Hartland, Pownal, Underhill, and Hyde Park combined. 24,000 is more workers than in the construction and lodging sectors put together. -Governor Phil Scott excerpt from Budget Address
The focus in the budget includes workforce development, career center training programs, worker relocation, and higher education. Scott expressed the need to use this “once in a lifetime opportunity” to make key investments to put Vermont on a path of economic and population growth.
This budget is a proposal for the Vermont General Assembly which the Appropriations Committees will begin breaking down and modifying. The Budget Address was well received by both House & Senate Leadership, but as they take a deeper dive into the Governor’s vision, we will no doubt see a blurring of the lines in spending.
Last week, Sen. Becca Balint, President Pro Tempore called upon the Senate Health & Welfare Committee to consider legislation for a statewide mask mandate that could be tied to exposure rates. The committee took testimony and drafted a bill, but some members balked when the chair asked for a vote on it last week. This week, the Pro Tempore stated there was “no path forward” after talking to the Governor and said the bill was a “waste of finite resources.” This puts the idea of a state-wide mask mandate to bed, and it will continue to be up to each municipality.
Even though the House of Representative was supposed to return to work in-person for committee meetings, about 25% of the Representatives continued to work remotely, joining members of the Senate who are working remotely through February 1st. State Representatives are required to have a Covid related excuse to not work from the Statehouse. Most members of the public who frequent the Statehouse to monitor the goings on of the Legislature, took the que from the apprehensive Leadership team and remained remote.
BUDGET & REVENUES
FY 2023 Governor’s Proposal
The focus will be on spending the $500m still available from ARPA funding, revenues far above projection, and $2.2 billion coming from the Congressional infrastructure package.
- $50 million tax cut package, $50 million to retire certain government debts and $216 million for climate change
- $45 million of the $90 million of the Education Fund surplus back to Vermonters with a one-time property tax rebate.
- University of Vermont’s annual appropriation increase by $10 million, state college system would receive a $5 million bump
- $10 million to defray the cost of education for those in the trades, like CDL drivers, nurses, plumbers, and welders
- $12 million to the state’s childcare subsidy program for low-income families
- $8 million to “strengthen local prevention and recovery efforts, expand residential treatment options
- $50 million to retire several of the state’s outstanding debts, including $22 million in transportation borrowing and another $20 million in general obligation bonds for capital projects.
- $20 million short-term loan initiative modeled after the federal government’s Paycheck Protection Program for businesses and nonprofits cash-strapped by the pandemic
- retirement obligations with a combined payment of $394 million
- $145 million for housing initiatives
- $200 million to expand broadband
- $51 million for cell towers
- $72 million for water, sewer, and stormwater infrastructure
- $50 million in tax cuts for military veterans, retirees, low-income workers, people with student loans, nurses, and childcare workers
FY 2022 Budget Adjustment
This will change over the next fifteen weeks as the Legislature adjusts for their goals and additional funding from the federal government.
A bill, H.679, is a budget bill that trues up the previous 6 month’s spending and provides additional funding for the next 6 months. Typically, a political bill, as the spending reflects spending for democratic priorities. This year the bill sailed through with little debate.
The budget adjustment increases unduplicated appropriations by $358.6M, which is 4.9% over the budget passed in May. This reflects the one-time General Funds currently available within the FY 2022 forecast, appropriating an additional $113M. This bill also allocates $106.3M more ARPA State Fiscal Recovery (SFR) funds.
Click here to view the Fiscal Year 2022 Budget Adjustment Bill as Proposed by House Appropriations Committee.
AGRICULTURE & ENVIRONMENT
The Vermont Dairy Producers Alliance visited with the Senate Agriculture Committee to review some of their goals. Amanda St. Pierre, Executive Director, spoke about the contributions made to Vermont and their communities through serving local fire departments, donating to sports programs, employing families, as well as circulating dollars through banks, dentists, retail, and much more. Emphasizing the working landscape and keeping Vermont’s focus on agriculture.
Also attending were Board Members Bill Rowell and Chanin Hill. Both expressed the need to reform the recovery grants process so farms can actually access the funding. A priority of the Association is to update Vermont’s “Right to Farm” laws so those that are complying with state laws do not face nuisance suits from neighbors.
Risk Protection for Agriculture (Proposal to Senate Appropriations)
The Senate Agriculture Committee voted out a proposal that would be considered by the Senate Appropriation Committee as part of the Budget Adjustment bill. The proposal includes a two-tier system. The first tier would be up to 5 million pounds of milk annually and would be paid for through the budget adjustment bill. The estimated cost is $2.6 million.
For farmers that enroll, tier one would pay out $7,500 per farm that enrolls, and a 2nd tier would be available for farmers to buy into.
The application process will be designed by AAFM so that the process will be simple, and help farms of all sizes. The committee understands that AAFM will work with any farms that are not in good standing to come into good standing so they can participate in the program.
S.268 An act relating to the right to farm (In Senate Judiciary)
This bill proposes to amend the right-to-farm law to provide that a farm or farm operation shall not be found to be a public or private nuisance under one or more of the following:
- the farm or farm operation existed before a change in the land use or occupancy in proximity to the farm, and if before that change in land use or occupancy of the farm, the farm or farm operation would not have been a nuisance; the farm or farm operation alleged to be a nuisance conforms to State and federal law.
- or the farm or farm operation has been conducting the agricultural activity at issue for two or more years prior to the date a nuisance action is commenced
H.466 An act relating to surface water withdrawals and inter-basin transfers
This bill proposes to regulate surface water withdrawals and interbasin transfers of surface water occurring in the State.
Act 173, signed into law in October of 2020, required the Agency of Natural Resources to convene a Surface Water Diversions and Transfers Study Group. The group learned the Agency of Natural Resources had no list of how many surface water withdrawals were happening statewide. The bill requires any person withdrawing 5,000 gallons or more of surface water in a 24-hour period to register with the Agency of Natural Resources (ANR) beginning January 1, 2023. Withdrawals of 50,000 gallons in 24-hour period shall provide meter data. Additionally, ANR will develop a surface water withdrawal permit program on or before July 1, 2026.
The bill exempts current surface water withdrawals for snowmaking (which is already permitted by ANR), fire suppression, and approved public water supply systems.
The definition of surface waters does not include the following:
- Groundwater as defined in section 1391 of this title
- Artificial waterbodies as defined under section 29A-101(d) of the Vermont Water Quality Standards
- Waste treatment systems, including waste management systems constructed as part of a best management practice approved under 6 VSA chapter 215
- Treatment ponds, lagoons, or wetlands created solely to meet the requirement of a permit issued for a discharge
- Constructed ponds or other impoundments that are used for irrigation or watering of livestock and that are not subject to the Vermont Water Quality Standards
Included in the list of exemption for “withdrawals requiring a permit” is direct consumption of surface water by livestock. House Natural Resource, Fish and Wildlife will continue to hear testimony next week.
S.234 An act relating to changes to Act 250
This bill proposes to make multiple adjustments to the State land use and development law, Act 250,
Including:
- Creating designated smart growth areas that will be exempt from Act 250
- Providing grants to municipalities to assist them in achieving this new designation
- Requiring municipalities to respond to Act 250 requests within 90 days
- Adding new criteria for forest blocks and connecting habitat
- Adding a jurisdictional trigger for roads
- Clarifying permit conditions for wood product manufacturers
- Clarifying Act 250 jurisdiction in one-acre towns
- Creating a committee to study the governance and administration of the Act 250 program
Committee members will continue testimony in the coming weeks and expressed interest in hearing from developers, Associated General Contractors, the Chamber of Commerce, Ethan Allen Institute, and Vermont Businesses for Social Responsibility.
S.210 An act relating to rental housing health and safety and affordable housing
This bill proposes to improve rental housing health and safety and expand opportunities for affordable housing.
S.210 likely could replace S.79 which has been on the Senate’s calendar since Governor Scott vetoed the bill last session. The Senate Economic Development, Housing and General Affairs Committee worked with the administration to come to a consensus on some of the controversial issues in the bill. The result is a bill focused on creating a rental housing registry and providing funding to improve the safety of Vermont’s rental housing stock.
The requirement to register a rental unit would begin July 1, 2022, and will apply to most rental housing in the State, except for the following:
- Mobile homes within a mobile home lot that is already registered with the State
- A rental unit not offered to the general public
- Housing offered to owner’s family members or personal acquaintances
- Housing provided to a person who provides personal care to the owner or a member of the owner’s family
- Licensed lodging establishments
- Unit accessory to an owner-occupied residence
- Non-winterized seasonal units and units rented for fewer than 90s per calendar year
- Housing provided as a benefit of farm employment (sunsets July 1, 2025)
The bill also creates the Vermont Rental Housing Investment Program and recommends funding of $2M in FY2022, $10M in FY2023; the majority of funding to come from coronavirus relief funds.
This bill is very similar to S.79 but did try to make accommodations to the Governor’s concerns such as inspections being complaint driven and reducing the fines for violations. The Senate will likely vote on S.210 next week and it is anticipated the House will makes some amendments.
Click here for the bill as recommended by Senate Economic Development, Housing and General Affairs
H.627 An act relating to the Vermont Economic Development Authority (passed House)
This bill proposes to increase the maximum size and expand eligibility for certain loans offered by the Vermont Economic Development Authority.
The bill broadens the eligibility for projects VT Economic Development Authority (VEDA) can approve and increases the amount of loans issued by VEDA.
The House passed H.627 on a voice vote; it moves to the Senate for consideration.
Cheri L. L’Esperance
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
Week 2 of the Vermont Legislative Session – January 14, 2022
The Vermont General Assembly remains in flux about how and when to return to in person meetings at the Statehouse. The Senate has granted themselves the ability to remain remote until the end of February. They can, however, revisit at the end of each month when in-person meetings will occur. The House has faced stiff opposition to remain remote extending past the 18th, and on Friday a resolution was passed allowing them meet in person for committee work, but not for the floor debates. This will be in effect through Tuesday, February 1st. Those who may have ‘covid’ related issues will be allowed to attend their committee hearings remotely.
Sen. Becca Balint, President Pro Tempore called upon the Senate Committee on Health and Welfare to look into legislation for a statewide mask mandate that could be tied to exposure rates. Balint asked the Committee to take necessary testimony to either understand and support the Governor’s decision for no mask mandate or reject that approach and recommend a shift in policy. Balint stated she is not looking at micromanaging the committees and will respect the recommendations they come up with. The Committee reviewed draft language today and will continue hearing testimony next week.
Next Tuesday, Governor Scott will give his Budget Address. The Governor has hinted at tax relief given the surplus funds Vermont currently enjoys. The Governor has also called on Legislative leaders to not increase taxes and fees, something that he has not said in over a year. Legislative leaders seem to suggest that if families with children need funding and it is the only revenue resource, they will proceed against the Governor’s disinterest in raising revenue. Currently, there is a $90 million surplus in the Education Fund. The Governor is likely to propose lowering property tax rates.
BUDGETS & REVENUE
Current State of the State from the Legislative Economist shows total revenues through the first half of FY22 (General, Transportation and partial Education Funds) are about 2.6% above targets (about $34M on a base of more than $1.3B). Accordingly, the revenue adjustments recommended herein are relatively small, totaling about 1.7% in FY22 and 1.2% in FY23 across all three major funds. Revenue changes in the Transportation Fund and Education Fund in both fiscal years are plus or minus about 1%, with General Fund changes between 1.4% and 2.4%.
Economic Recovery Bridge
In April 2021, H.315 was enacted (Act 9), which appropriated $10 million of funds from the American Rescue Plan Act (ARPA) to the Agency of Commerce and Community Development (ACCD) to provide priority funding to businesses that had not received prior State or Federal financial assistance. In June 2021, another $20 million was added to this program from H.439 (Act 74). To the extent that funds remain available, the program is also intended to provide funding to businesses that have suffered a tax loss even after receiving State or Federal aid.
To date, only $3.6 million have been awarded. Joan Goldstein, Commissioner of the Department of Economic Development mentioned she would like more discretion from ACCD to award more of the money. In the third round of funds, 44% of applications were denied because they were ineligible. Some of these were ineligible for small reasons. Giving ACCD more discretion would get more money out to Vermont businesses.
Vermont Federal Clean Water Funding Report
Marli Rupe, Agricultural Water Quality Section Chief, Department of Environmental Conservation, presented the Senate Agriculture Committee a brief overview of federal funding for agriculture clean water initiatives.
Included in federal funding:
- ARPA (American Rescue Plan Act) - $10M/year to the Clean Water Board for next 3 years. $3.5M of those dollars have been approved by the Governor for FY22 for agriculture
- Additional ARPA funds will go to Water Quality Grants to Partners & Farmers programs
- Regional Conservation Partnership Program- Vermont has received $38M since 2014, including for the new Payment for Phosphorus Program
Rupe stated to the committee that “agriculture is the major contributor in phosphorus reductions that have been achieved.” In the past 5 years, Vermont has seen 3625 Kilograms of phosphorus reduction due to agricultural efforts. And additional 3,000 kg is expected over the next 5 years.
Vermont agriculture will see increased funding for water quality programs through the Infrastructure, Investment and Jobs Act (IJJA) for Watershed Flood Prevention and Operations. The guidelines for this funding are still being drafted.
Click here to view the 2021 Vermont Federal Clean Water Funding Report.
Budget Adjustment Act – Proposed Funding for Housing
The Budget Adjustment Act includes $75M in ARPA funding to continue programs developed over the past 2 years and creates a new program aimed at assisting Vermonters own a home.
- $50M would go to Vermont Housing Conservation Board for continuation of programs that have created hundreds of new units since 2020. Funding would be for mixed income, multi-family housing, with a focus on families experiencing homelessness. Funds would also be used to expand shelters.
- $20M to continue Vermont Housing Incentive Program (VHIP). This program offers landlords a certain amount of money, with matching funds requirement, to improve units that currently do not pass code, and bring them back to the market.
- $5M for a pilot program that would create subsidies for single family home built with the purpose of proving housing stock for Vermonters whose incomes are generally higher than those subsidized with current state and federal dollars.
ENVIRONMENT
Plastic Residuals in Compost
Senate Agriculture heard from AAFM & ANR regarding Plastic Residuals in Compost. The two Agencies are looking to the Legislature for guidance while they perform a yearlong evaluation of microplastics coming out of Depack facilities and Digestors. At this point, Vermont Regulators feel like they are operating in unchartered water. Should they put the Depack facility on hold until the evaluation is complete? Should Vermont ensure that no out of state food is coming to Vermont for processing?
The Agency of Agriculture, Food & Markets has requested funds within the next budget to have staff at the State lab to provide testing and will also provide for individuals/businesses to utilize through a “fee for service” program to provide broad testing.
The Committee will ask the two Agencies to come back later in the session for another update and potential recommendations.
On Thursday, Legislative Council pointed out that Casella is operating the Depack facility within the law and are now caught in an uncertain dynamic. Sen. Chris Pearson also reiterated to the committee that it is awkward that the two Agencies are seeking recommendations from the Legislature.
It is anticipated that Casella will be asked to testify before the Committee for a refresher on the Depack facility.
Risk Protection for Agriculture
The Senate Agriculture Committee reviewed a draft bill that proposes that the State pay the costs for farmers to participate in U.S. Department of Agriculture risk management programs that mitigate risks to farmers from price volatility in the milk market. This would need to be approved by the Appropriations Committee as it is estimated to cost the State $3.5 million for the two-year program.
The Committee is concerned that farms won’t apply for the program so robust education and outreach will be needed. The Committee also needs to decide on qualifying parameters, i.e.: must be in good standing? Good standing with which Agency (AAFM and ANR) or both? VDPA will likely be asked to comment on the proposal next week.
Carbon Sequestration
The House Committee on Agriculture & Forestry heard from Dr. Sara Via, Professor and Climate Extension Specialist, University of Maryland, regarding soil health and carbon sequestration. Agriculture can become a significant part of the American climate solution by increasing the use of farming practices that improve soil health, reduce greenhouse gas emissions, and store carbon in the soil while providing economic benefits for farmers. There was a report done in Maryland to connect how agricultural practices can be a natural climate solution and it highlights some of the other environmental benefits the practices deliver: reduced erosion, less polluted runoff, improved water quality, reduced need for irrigation, increased biodiversity and improved wildlife habitat.
Key recommendations of the soil health report are to:
- Make soil health a central focus of USDA programs and boost soil health and carbon sequestration efforts at all levels of government.
- Strengthen soil health education and outreach programs and expand capacity to deliver up to date technical assistance on soil health and carbon sequestration practices.
- Expand existing incentive programs and develop new ones to help farmers adopt these climate-friendly practices and increase inclusion in delivering USDA conservation programs.
- Establish a National Soil Monitoring Network; fund regular soil testing by farmers to monitor changes in soil health
Northeast Dairy Task force
The Northeast Dairy Task Force, collaboratively led by Laura Ginsburg – Northeast Dairy Business Innovation Center lead and Britt Lundgren – Stonyfield Organic director of organic and sustainable agriculture, offered USDA leadership recommendations to respond to and support the region’s dairy sector in direct response to the cancellation of 89 Danone/Horizon farm contracts. Over the course of the past 8 weeks, the Task Force has met as a whole and in subgroups to identify concerns regarding dairy production in the Northeast. Subgroups included institutional market development, processing expansion, distribution logistics, farm viability, and federal response. Marketing and market development ideas were discussed across the Task Force.
In the report, the recommendations are organized by subgroup, with a brief description of the topic’s focus area and special considerations. Under this, the recommendations are outlined and include the specific request, organizations that support the request, funds needed, and, if possible, an existing mechanism to bring the request to fruition. The report was submitted to the USDA in the middle of December and the task force has not heard back regarding their recommendations as of this week. The link for the Northeast Dairy Task Force Recommendations report can be found here.
H.466 An act relating to surface water withdrawals and interbasin transfers
This bill proposes to regulate surface water withdrawals and interbasin transfers of surface water occurring in the State.
The bill was introduced in House Natural Resources, Fish and Wildlife this week and will likely be taken up for discussion and testimony. The bill creates a permit process for businesses and individuals who draw 5,000 gallons/day from waters of the State.
The bill is not intended to include small users of State waters. However, the bill gives rulemaking authority to the Agency of Natural Resources, and it is not clear if they will have the ability to lower the threshold.
The Committee will hear testimony on the creation of another water usage permit.
H.270 An act relating to modernizing Vermont wage and hour laws
This bill proposes to make technical changes to Vermont’s wage and hour laws in order to modernize the statutory language and to repeal or amend obsolete provisions.
Members of the House Committee on General, Housing, and Military Affairs said the goal of H.270 was to get Vermont wage and hour laws aligned with federal standards. As the Committee discussed various aspects of the bill, it became apparent there is interest in more than just technical corrections to wage and hour laws in Vermont. The two main concerns of Committee members were:
- Agriculture workers minimum pay
- Threshold for overtime pay for salaried employees
William Shouldice & Associates LLC
802.839.0006
www.wsavt.com
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