Legislative report - end of session summary

2009-May-23
by Thomas Weiss

Vermont Legislature - Summary of bills reported during the 2009 session (prepared by Thomas Weiss, citizen of Vermont.)

There are two new bills included in this update: H.442 and S.1 (of the special session.) The governor has now acted on all bills that passed both chambers. S.1 includes resolution of those items included in two bills such as the green energy pilot programs for Montpelier and Randolph.

This report is a summary of all bills that passed both chambers during the 2009 regular session of the general assembly. Some bills that were introduced have been incorporated into these bills that passed such as H.62. This is the last report and update to cover the first year of the 2009 -2010 general assembly.

STATUS OF BILLS AFTER THE END OF THE SESSION ON MAY 9, 2009:

BILLS SIGNED BY THE GOVERNOR:

H. 80 - Use of chloramine as a disinfectant in public water systems was signed by the governor on 5/21/9. The bill as passed contains no reference to chloramine. Instead, the bill will require the agency of natural resources to conduct an engineering evaluation of disinfection options available to public water systems that will need to modify their disinfection systems to comply with the stage 2 disinfection and disinfection byproducts rule. The study will only be done to the extent that federal funds are available. The study will not consider the health effects such as skin rashes reported by users of water treated with chloramines.

H.83 - Underground storage tanks and the petroleum cleanup fund was signed by the governor on 5/29/9. The bill will require underground storage tanks of capacity less than 1100 gallons at public buildings to register with the program. Those tanks are now exempt. Public building will be broadly defined and include buildings such as schools, public utilities, hospitals, houses of worship, hospitals, homes for the aged or disabled, nurseries, buildings where more than one person is employed; co-operatives or condominiums, rented accommodations (apartments or motels), restaurants, stores, offices, structures for public assembly (indoor or outdoor), government-owned buildings. The bill will extend the petroleum cleanup fund and its collection of fees five more years. The amendments will increase the amount that can be spent in any one year to $300,000. (The previous limit had been $200,000.) The bill will require the petroleum cleanup fund advisory committee to determine whether the fees on sales of fuel should be collected by the motor vehicle department or the tax department. The advisory committee shall also review on how payment should be made when a tank is removed and evidence is found of a spill left over from a previous removal. The bill will also amend the statute dealing with the date of implementation of stage II vapor recovery systems gasoline pumps.

H.125 - Sale of unpasteurized milk (the original title was farm-fresh milk) was signed by the governor on 6/8/9. The bill will allow sale of unpasteurized milk for consumption subject to requirements relating to registration of the producer, cleanliness, water supply, testing for bacteria and antibiotics, maintaining samples of milk; reporting on sales, keeping records of transactions and customers, labelling. Different requirements apply to farms that sell up to 50 quarts per day and to those that sell up to 160 quarts per day. Milk may be sold from the farm or through a pre-arranged delivery that meets certain criteria.

H.145 - Composting passed both chambers was signed by the governor on 5/23/9. The bill will amend statutes in the waste management chapter of Title 10 rather than in title 6 which deals with agriculture. The bill will define compost as "a stable humus-like material produced by the controlled biological decomposition of organic matter through active management but shall not mean sewage, septage, or materials derived from sewage or septage." The bill will require the secretary of natural resources, in consultation with the secretary of agriculture, food and markets, to establish accepted composting practices. The practices shall cover, siting, construction and operation of a composting facility. The practices shall define three sizes of composting facility: de minimus (which shall be exempt from regulation), small-scale, and medium scale. The secretary of natural resources will determine whether a discharge permit, solid waste facility certification, or air emissions permit will be required of either a small-scale composting facility or a composting facility on a farm that follows the accepted composting practices in order to protect the public health or the environment. The secretary of natural resources may establish a rule allowing small-scale composting facilities to register with the secretary instead of obtaining either a solid waste management facility certification or a solid waste categorical certification. The agency of natural resources will be required to submit to the general assembly before February 10, 2010 the proposed final rules on accepted composting practices. The agency of natural resources will be required to reconvene the composting study committee (act 130 of 2008) to recommend whether certain composting facilities or categories of composting facilities should be exempt from Act 250 and whether there are areas of the state from which composting using dead animals or post-consumer food residuals should be prohibited.

H.152 - Encouraging biomass energy production was signed by the governor on 5/27/9. This bill will establish a biomass working group to enhance the growth and development of Vermont's biomass industry while maintaining forest health. The group will have 15 members with a range of related interests appointed variously by the general assembly and the governor. The working group will operate for a maximum of three years. The group will report to the general assembly in November of 2009, 2010, with a final report in November of 2011 with recommendations on a range of issues. The recommendations will include: incentives to promote biomass for energy production; opportunities for more predictability in permitting; maintaining forest health; standards for biomass procurement; design of new renewable energy from biomass; and additional research needed to maintain forest health for sustainable, long-term production of biomass. The working group will have to find its own funding for consultants and research.

H.192 - Electronic benefit machines for farmers' markets was signed by the governor on 5/30/9. This bill will dedicate an unspecified portion of the ARRA funds to the department for children and families for administrative expenses for the 3Squares Vermont program. The bill will provide at least $35,000 of ARRA funds for the department for children and families to help farmers' markets pay for electronic benefit machines or for other programs that facilitate access to healthy local foods. The bill will direct three State agencies to work with the congressional delegation to establish a milk and meat pilot program in Vermont under the federal Child Nutrition Act. The pilot program will test centralized purchase of local milk and meat for school meals and will offer technical assistance to school staff on local foods. (NOTE: Remember that the definition of local food is from anywhere in Vermont and within 35 miles of the location if from outside Vermont.) The bill will require the department of education to identify possible ARRA funds to provide assistance to help schools make better use of the existing federal fresh fruit and vegetable grant program. The bill will increase the size of allowed directional signs to on-farm sales locations to six square feet and will allow such signs to be used for farmers' markets.

H.313 - Near-term and long-term economic development was signed by the governor on 6/1/9. It incorporates portions of S.137 - Vermont recovery and reinvestment act of 2009. The bill has 113 sections. The sections given below are the ones that I think that are most relevant to the focus of this report.

Sec. 11 will require the workforce development council to develop and promote a vocational curriculum, career training, and employment opportunities in green industry sectors: energy-efficient building; renewable electric power; energy-efficient and advanced drive-train vehicles; biofuels industry; deconstruction and materials re-use industries; energy-efficiency assessment industry; manufacturers of sustainable products using sustainable processes and materials; pollution prevention and hazardous and solid waste reduction; soil or water conservation; forestation strategies to mitigate climate change impacts; any else deemed appropriate.
Sec. 16 - Federal funding for smart grid and energy grants state collaboration. This section will require various state agencies and utilities to work collaboratively to maximize funds received under Titles I and IV of the American Reinvestment and Recovery Act. Relevant areas are electricity delivery, energy reliability research, smart grid technologies, and state energy grants.
Sec. 17 - Priorities for ARRA funds are: six projects at the Burlington municipal airport; agriculture (spring planting loans; slaughter and processing facilities; regional food hubs, dairy transition, and farm-to-plate; and power modernization, methane digestion, energy conservation, and environmental protection); and municipal communications services (three specific projects).
Sec. 23 - This section will enhance the existing microbusiness development program administered by the office of economic opportunity to the extent that funds can be obtained from the American Reinvestment and Recovery Act.
Sec. 28 - Technology Loan Program. This section will require the Vermont economic development authority to administer such a loan program to provide working capital and capital-asset-financing needs to technology-based companies. The program is to be funded with $1,000,000 backed by the full faith and credit of Vermont.
Secs. 35 and 36 will create the farm-to-plate investment program in the sustainable jobs fund. with the goals of increasing economic development in Vermont's food and farm sector; creating jobs in the food and farm economy; and improving access to local healthy foods. The program will create a strategic plan for agricultural economic development. The program will also provide grants to support farm-to-table direct marketing such as community supported agriculture and farmers' markets. The program will also identify ways to strengthen the links among producers, processors, and markets.
Secs. 38 through 40 will require the agency of natural resources to develop a streamlined application process for certification of hydroelectric projects up to 1 megawatt under section 401 of the federal Clean Water Act by January 15, 2010.
Secs. 41 and 42 will extend the interim stormwater permitting two more years, until January 15, 2012.
Sec. 43 will require the department of environmental conservation to amend its stormwater rules or stormwater management manual to include alternative guidance for stormwater permitting of renewable energy projects at high elevations.
Sec. 44 will alter the process of obtaining a certificate of public good for multiple telecommunication facilities at one time. It will also clarify the line of jurisdiction between the act 250 process and the process for certificates of public good.
Sec. 45 will exempt a telecommunications facility from municipal zoning approval when the facility is governed by the public service board's section 248a process.
Secs. 46 and 48 will allow a district environmental commission (for act 250) or the zoning board or officer (for municipal zoning) to reject an application that misrepresents any material fact and can award fees and costs to any person who may have become a party but for the false or misleading information and to any party who incurred fees and costs.
Sec. 47 will make all telecommunications facilities subject to enforcement under municipal zoning if the municipality petitions the environmental court if the permittee violated the permit or obtained the permit based on misrepresentation of material fact.
Sec. 52 will exempt telecommunications facilities receiving a certificate of public good from the public service from act 250. This section will also exempt brownfield cleanup and remediation from Act 250. After the cleanup and remediation, subsequent development of the site will be subject to act 250.
Sec. 53 will expand the number of projects not needing an act 250 permit because of an expansion of an existing project. The exemptions now apply only to essential municipal projects expanding up to 10%. This section proposes to expand the exemption to all essential and non-essential, municipal or county or state projects expanding up to 25% in the following categories: wastewater treatment facility that has no extension of sewers or expansion of the service area; water supply enhancements up to 25%; and public school reconstruction or expansion; building reconstruction or expansion. There will be a new exemption for improvements to preexisting municipal, county, or state roads and bridges, provided such construction receives funding through the federal American Recovery and Reinvestment Act of 2009.
Sec. 54 will reduce the expansion back to 10% on July 1, 2011 and will retain the exemption for county and state projects.. This next part of the section is not clear and I quote it in full. "However, the construction of improvements commenced prior to July 1, 2011 shall not require a permit by operation of this subsection if such construction was exempt under Sec. 34q of this act."
Sec. 56 will eliminate the need for indirect air pollution sources to get an air quality permit. (NOTE: indirect sources in air quality attainment areas for carbon monoxide are new parking lots with a capacity greater than 1000 motor vehicles; existing parking lots expanding by 500; new highway projects with a capacity greater than 20,000 motor vehicles per day; modified highway project increasing by 10,000 per day. Quantities are half of those for non-attainment areas. Quantities are cumulative going back to November 17, 1973.)
Secs. 57 - 60 will expand the use of ticketing through the judicial bureau to include enforcement of some act 250 violations and some violations of permits from the agency of natural resources. (Just as some categories of motor vehicle violations are ticketed and others go to court, so will some categories of permit violations now be allowed to be ticketed.) Ticketing in these areas is now limited to illegal dumping of trash and to illegal open burning. The agency of natural resources and the natural resources board will have authority to develop rules for ticketing..
Sec. 61 will add environmental enforcement officers to the list of those who are exempt from the fee for a Vermont criminal record check.
Sec. 62 will expedite permitting for municipal, county, or state purposes receiving any funding through the American Recovery and Reinvestment Act of 2009. The permits, certificates, and other approvals involved apply to the agency of natural resources, the agency of transportation, municipal zoning, and act 250. Applications for permits, etc. for such projects will receive priority over any other pending application. Municipal zoning hearings must be closed promptly after all parties have provided evidence and argument; applications decided within 45 days or the permit will be approved. Act 250 hearings must be closed promptly after all parties have provided evidence and argument; applications decided within 90 days or the permit will be approved.
Sec. 63 will reinstate all permits that have lapsed or expired because construction has not occurred if: the project will receive any American Recovery and Reinvestment Act funds; the permit, etc. was issued within five years; there will be no change in the project from what was originally approved.
Secs. 66 - 68 will establish a Vermont village green renewable pilot program to provide district heat and which may also provide electricity within its district. The public service board will administer a pilot program in both Randolph and Montpelier. The clean energy development fund will provide incentives of at least $100,000 to customers to connect to the project.
Sec. 85 refers to the potable water supply and wastewater permits buts the reference to statute is not clear and the effect of the section cannot be determined. (NOTE: The analysis of H.313 is based on the version in the on-line version of the Senate Journal of 5/9/9.)
Secs. 89 - 91 will authorize the secretary of natural resources to develop and issue general permits for stationery source construction and operating permits (air pollution control, 10 VSA chapter 23), aquatic nuisance control permits authorizing chemical treatment (water resources management, chapter 37), construction permits (public water supply, chapter 36), and solid waste transfer station and recycling certification, and categorical certification (all under waste management, chapter 159). The terms of the general permit will be subject to public notice and comment. Once the general permit has been issued, there will be less opportunity for public involvement for an application for an authorization of a specific activity under the general permit. Individual permits will still be required for projects that do not meet the criteria for a general permit, the permittee is out of compliance with a general permit it already has, or the project is a significant contributor of pollution (based on location of discharge with respect to waters of the state of Vermont; the size and scope of the operation, the pollutants involved, and other relevant factors). This will be a five-year test program with a sunset date of July 1, 2014.
Secs. 92 - 95 will amend the clean energy development fund. They will add $31,592,500 of ARRA funds to the clean energy development fund. They will expand the definition of clean energy resources to include thermal energy or geothermal resources, making them eligible for the fund. It will also make projects that make use of emerging energy-efficient technologies eligible for the clean energy development fund . Such technologies are either pre-commercial or have less than 5% of the market share, that use less energy, and that have non-energy benefits. They will also transfer administration of the Clean Energy Development fund from the public service department to a newly created clean energy development board that will have nine directors. The bill will abolish the clean energy development fund advisory committee and the clean energy development fund investment committee. The section will require that 5% of the fund up to $300,000 be used for farm-based energy production projects.
Sec. 96 will request the capital debt affordability advisory committee to issue additional general obligation bonds for clean renewable energy projects based on the receipt of ARRA funds.
Secs. 97 - 103 deal with income tax credits for business solar energy investment and pass-through of federal energy credit for corporations in ways that I will not attempt to describe.
Secs. 104, 104a, and 105 allocate the funds from the sale of carbon credits under the REGGI cap-and-trade program to the fuel efficiency fund and to the electric efficiency fund.

H.438 - State's transportation program was signed by the governor on 5/29/9. This bill will fund the state's transportation program for fiscal year 2010. To understand the budget proposed for fiscal year 2010, one also needs to have the transportation budget proposed by the agency of transportation. This bill then makes changes to what was requested in that budget. The bill has 115 sections. The sections given below are the ones that I think that are most relevant to the focus of this report.

Sec. 5 will move some money around in the fiscal year 2010 program development budget for roadways in four projects (including construction budget for Cabot-Danville U. S. Route 2 to $2,500,000; the proposal was $4,000,000).
Sec. 11 will add $1,246,694 in federal ARRA funds for rehabilitation of rail trails and for curb ramp modifications. The administration had proposed nothing for bike and pedestrian facilities.
Sec. 14 will provide $3,700,000 for the Amtrak contract for passenger rail service. This is $400,000 more than the administration proposed.
Sec. 19 will provide $8,492,254 for public transit capital assistance, which is $3,926,923 more than the administration proposed, most of the difference coming from ARRA funds.
Sec. 21 will require the agency of transportation to apply for a a grant to use ARRA funds to upgrade the state's western rail corridor to provide passenger service from Rensselaer to Burlington via Bennington and Rutland using continuously welded rail. (NOTE: I believe that the western rail corridor runs from North Bennington to Burlington on 140 miles of track owned by the State of Vermont and operated as the Vermont Railway The passenger speed limit for the section North Bennington - Rutland is 15mph; for Rutland - Charlotte is 30 mph; for Charlotte - Burlington is 60 mph.)
Secs. 22 - 32 will create a transportation infrastructure bond fund. The fund will be used to fund debt on transportation bonds or to pay directly for transportation projects. Money for the fund will come from a motor fuels distributor infrastructure assessment of $0.03 per gallon on Diesel motor fuel and of 2% of the retail price (excluding state and federal taxes) of gasoline. The department of public service will be required to conduct a monthly survey to determine the average retail price of regular unleaded gasoline. The bonds may be used to rehabilitate, reconstruct, or repair state or municipal bridges and culverts and state raods, railroads, airports, and necessary buildings. The bonds will be exempt from taxes in Vermont. The agency of transportation will submit a plan for use of bond proceeds in fiscal years 2011, 2012, and 2013 to the joint transportation oversight committee. The maximum amount of bonds over all fiscal years will be limited to $100,000,000.
Sec. 62 will require the agency of transportation to study the purchase of its own passenger rail equipment. (NOTE: The company from which Vermont had planned two years ago to buy Diesel multiple unit equipment has gone bankrupt.)
Secs. 70 and 71 will authorize the traffic committee to require trucks and buses to use tire chains or winter tires in winter. There are certain notice requirements that will need to be met before implementing any chain and winter tire requirements.
Sec. 73 will require the agency of transportation to consult with the regional transportation providers and planning commissions when amending its public transit plan and when awarding planning funds.
Sec. 78 will require the Agency of Transportation to report on ways to improve the efficiency and effectiveness of public transit.
Sec. 88 will remove roads and rights-of-way owned by the agency of natural resources and its three departments from the definition of a highway.
Secs. 94 - 95 will relieve landowners of liability to persons using a public sidewalks on private land. Bicycle routes already have that relief.
Sec. 99 will require the agency of transportation to examine the potential for a public-private initiative to build an interchange on I-89 at Vt. route 116 to provide access to the Burlington International Airport.
Sec. 102 will abolish the existing truck network of highways and will allow vehicles with a trailer or semitrailer up to 75 feet in length to operate on all highways without a permit. The current length to operate without a ermit is 68 feet.
Sec. 105 will require the secretary of transportation to request the federal highway administration to allow commercial establishments to operate at rest areas on the interstate highways.
Sec. 113 will require the agency of transportation estimate the total costs of upgrading the western corridor rail line for passenger service from Burlington to Bennington to Albany (N. Y.); operating a passenger rail service from Burlington to Rutland to Whitehall (N. Y.); and operating a passenger rail service from Burlington to Bennington to Albany.

H.442 - Miscellaneous provisions was signed by the governor on 6/8/9. The sections given below are the ones that I think are most relevant to the focus of this report.

Sec 4 of this bill will modify sec. 93 of H.313. It will modify the duties of the clean energy development board and details of its management in ways that do not alter my previous description.
Sec. 5 will modify sec. 95 of H.313 (initial appointment of the clean energy development board and its initial operation) in ways that do not alter my previous description.

H.447 - Wetlands protection was signed by the governor on 5/21/9. Although not explicit, it appears that the bill will eliminate the term conditional use determination for wetlands and replace it with the term permit.

Sec. 1 presents findings of the general assembly including that the Vermont significant wetlands inventory maps are inaccurate and that there needs to be an easier way to update them than through rulemaking by the water resources panel.
Sec. 2 will change the title of chapter 37 of title 10 to be "WETLANDS PROTECTION AND WATER RESOURCES MANAGEMENT". (The present title is "WATER RESOURCES MANAGEMENT".)
Sec. 3 will define three classes of wetlands in statute similar to the three classes that already exist in the Vermont wetlands rules. Significant wetlands will be those in classes I and II. The buffer zone will be at least 100 feet for Class I wetlands and 50 feet for Class II wetlands unless the secretary of natural resources determines otherwise. There will be no buffer zone for Class III wetlands.
Sec. 4 will alter the powers of the department of environmental conservation. The department will be required to co-operate with the general public and municipalities when collecting and compiling data related to wetlands. The department will be able to propose to the natural resources board recommendations on designating Class I wetlands. The department will be able to issue or deny permits pursuant to section 6025 and the rules of the panel. (NOTE: The extent of this authority is not clear. Section 6025 covers rules under Act 250. Section 6025 authorizes the water resources panel to adopt rules governing: surface levels of lakes, ponds, and reservoirs that are public waters of Vermont; classification of waters of the state; establishment of water quality standards; surface use of public waters; designation of outstanding resource waters; identification of significant wetlands; reclassification of wetlands; protection of significant wetlands; and management of lakes and ponds.) The department will be able to issue wetland permits under authority given by section 5 of this bill. The department will be able to issue orders pursuant to section 1272 (regulation of activities causing discharge or affecting significant wetlands).
Sec. 5 will govern wetlands determinations and protection in sections designated as subchapter 4 within chapter 37. Work in significant wetlands will need a permit, conditional use determination, or order issued by the secretary of natural resources. Exemptions will be granted for certain activities completed before the bill becomes effective. The secretary of natural resources will have the authority to determine whether any wetland is either Class II or Class III and to identify the boundaries and buffer zone of Class II wetlands. The bill will define the procedures for making such determinations. Public notice of such proposed determinations will be limited to the agency's website, to people requesting to be notified, and to affected property owners. Only the water resources panel will be allowed to designate, alter, or reclassify wetlands involving Class I status. The secretary of natural resources will be required to revise the Vermont significant wetlands inventory maps.
Sec. 6 will place the existing sections 921 to 924 into a new subchapter titled "Aquatic Nuisance Control" within chapter 37.
Sec. 7 will eliminate "provides for hydrophytic vegetation habitat" from the list of functions and values and will replace it with "contributes to an exemplary wetland natural community, in accordance with the rules of the panel". It will also
Sec. 8 will authorize the secretary of natural resources to take enforcement actions for violations of the new subchapter 4 as described in section 5 above.
Sec. 9 will extend the ability to appeal decisions under all of chapter 37 (not just aquatic nuisance control grants in aid) to the environmental court.
Sec. 10 will prohibit an encumbrance on title or marketability due to failure to obtain or comply with a permit under chapter 37. (NOTE: It appears that the only permit in chapter 37 will be the wetlands permit established by this bill.)
Sec. 11 will presume that any wetland proposed by the secretary of natural resources as a Class I or Class II wetland in a rulemaking petition is a significant wetland. (NOTE: Rulemaking petitions will only apply to moving a wetland into or out of Class I status or altering the boundaries of a Class I wetland.)
Sec. 12 will require and annual report to the general assembly on implementation of the new subchapter 4.
Sec. 13 will return the name of Winona Lake in Bristol back to its previous name of Bristol Pond.
Sec. 14 will establish effective dates for this bill. Sections 1, 12, and 13 will become effective on July 1, 2009. The other sections will take effect 45 days after the water resources panel has issued two rules: updating the Vermont significant wetlands inventory maps; and updating the Vermont wetland rules.

S.47 - Salvage yards was signed by the governor on 6/1/9. Before I describe the subject matter of this bill, I shall describe some items that were slipped into the end of the bill that do not relate to salvage yards.

Sec. 25. A bill on boating while intoxicated and driving while intoxicated (H.599 which became act 195 of the 2007 - 2008 session) slipped into the end of the act provisions requiring scrap metal processors to identify persons selling them nonferrous scrap, metal articles, and proprietary articles with a sunset of July 1, 2009. Section 25 of this bill will make the requirement to identify the sellers permanent.
Sec. 26.will amend the requirements for labelling of mercury-added products in the chapter on comprehensive mercury management. The requirement is now for manufacturers to develop a plan for such labelling by July 1, 2007. The bill will alter that to a certification that the labels conform with the statute.
Secs. 27 ad 28 will no longer require the secretary of natural resources to solicit the concurrence of the public service board when proposing rules governing public water supplies and to issue joint rules if the board concurs. They will also confirm the validity of any rules on public water supply for which the secretary did not solicit concurrence.
All remaining sections, that is, those which deal with the subject matter of the bill. The bill will transfer control of junkyards from the agency of transportation to joint control by the agencies of transportation and of natural resources. Junkyards will be renamed salvage yards. The definition of a salvage yard will be expanded to include four or more junk motor vehicles visible from a navigable water, not just those visible from a public highway. A municipality will still be required to approve the location of a salvage yard under its zoning bylaws, subdivision ordinance, or police powers. Additional factors that the municipality can use when deciding whether to approve a location will include neighboring residences, groundwater, surface water, wetlands, drinking water supplies, and consistency with the town plan. A municipality will be allowed to place certain types of conditions on its approval of the location of a salvage yard. New salvage yards may not be located within 100 feet of navigable water. A salvage yard will not be allowed to operate within 1,000 feet of interstate or primary highways or within 100 feet of a state or town road unless the salvage yard is in an industrial area. Issuance of authority to operate a salvage yard will be transferred from the agency of transportation to the agency of natural resources. The agency will no longer be allowed to deny a certificate of registration for adversely affecting the public health, welfare, or safety or for constituting a nuisance at common law. Owners of salvage yards will no longer be able to receive just compensation for landscaping, screening, or disposal activities. The agency of natural resources will be required to propose to the general assembly by January 15, 2010 a program to regulate and permit salvage yards.

S.89 - Stabilization of prices paid to Vermont dairy farmers (originally maximum retail price for milk) was signed by the governor on 5/28/9. The bill will require the Vermont milk commission to continue deliberations on its proposed order to establish a retail fluid milk premium. When the commission issues a final order, it shall submit it to a referendum of producers. The bill will require the attorney general to investigate possible anticompetitive practices of dairy co-operatives, processors, and retail firms in the Vermont market. The bill will prohibit a municipality from regulating the barking or running at large of a working farm dog that is doing its job on the property being farmed. The owner of a working farm dog must register it with the municipality and pay an additional fee of $5 for such additional registration. The bill will establish a manufacturing grade for goat milk in addition to the current Grade A goat milk.

S.94 - Licensing forestland for maple sugar production was signed by the governor on 5/14/9. The bill will require the department of forests, parks and recreation and the Vermont sugar makers' association to develop guidelines on this subject. Beginning on July 1, 2009, the department shall issue licenses for the use of state forest land for tapping maple trees. Processing of the sap must be done off state lands. The bill will establish a maple advisory board of eight members to provide guidance to the commissioner. The fee for each tap will be the average price of one-quarter pound of Vermont fancy grade syrup and one-quarter pound of Vermont commercial grade syrup.

S.001 - Seeking a Medicaid waiver renewal and relating to technical corrections to the following acts of 2009: underground storage tanks and the petroleum cleanup fund (H. 83), the Vermont Recovery and Reinvestment Act of 2009 (H. 313), the BIG BILL – Fiscal Year 2010 Appropriations Act (H. 441), health care reform (H. 444), and capital construction and bonding (H. 445). This bill was signed by the governor on 6/10/9. The sections given below are the ones that I think are most relevant to the focus of this report.

Sec. 7 of this bill will repeal section 96 of H.313, which requested the capital debt affordability advisory committee to issue additional general obligation bonds for clean renewable energy projects based on the receipt of ARRA funds.
Sec. 8 of this bill will require the treasurer to consider using various bond provisions of ARRA in the development of the financial plan for the 2010 fiscal year (July 209 through June 2010) and will require the capital debt affordability advisory committee to consider the various ARRA bonds in its 2011 budget recommendations along with changes in statute that will be needed to use the bonds. The bonds are the Build America Bonds, the Clean Energy Renewable Energy Bonds, the Qualified Energy Conservation Bonds, and the Qualified School Construction Bonds.
Sec. 11 of this bill will repeal sections 97 through 102 of H.313 (Near-term and long-term economic development), relating to business solar energy credits because the repealed sections are duplicative of sections 9, 9a, through 9e, and 10 of H.446 (Renewable Energy and Energy Efficiency). It will also repeal a portion of section 35 (relating to the farm-to-plate investment program) of H.313 because it is a duplicate of a portion of section H.441 (the 2010 appropriations bill). The bill will repeal sec. 85 (referring to the water and wastewater permits and which I had reported on May 11, 2009 was not clear) of H.313.
Sec. 13 of this bill will modify sec. 93 (Clean Energy Development Fund) of H.313 to re-instate the requirement that 5% of the fund up to $300,000 be used for farm-based energy production projects.
Sec. 14 will repeal various sections in bills relating to the clean energy development fund because of duplication in those bills. Sec. 92 of H.313 will be repealed because of duplication in the appropriations bill; Sec. 93 of H.313 shall supersede duplicate versions in H.446 and H.441; sec. 94 (which gave priority to sec. 93 over competing versions in other bills) will be repealed. Sec. 14 will also repeal portions of H.441 that duplicate the provisions of sections 103 through 105 (carbon trading credits) of H.313.
Sec. 18 of the bill will expand the fuel gross receipts tax from heating oil to include kerosene and other dyed diesel fuel not used to propel a motor vehicle.
Sec. 19 will modify the definition of public building in H.83 - Underground storage tanks and the petroleum cleanup fund.

BILLS THAT BECAME LAW BECAUSE NEITHER RETURNED NOR SIGNED WITHIN 5 DAYS:

H.446 - Renewable energy and energy efficiency. The governor allowed this to become law without his signature on 5/27/9.

Sec. 1 will designate the act as the Vermont Energy Act of 2009.
Secs. 2 - 4a will modify Chapter 39, Renewable Energy Programs, of title 30 (Public Service),which now contains renewable energy goals, renewable energy pricing, renewable portfolio standards for sales of electric energy, the Sustainably Priced Energy Enterprise Development (SPEED) program, and tradeable credits. Section 2 will add definitions for use in the chapter, especially sections 3 - 4a described below.
Sec. 3 will allow the members of the Vermont Public Power Supply Authority (the 17 or so municipal utilities) to meet the requirements of the chapter in the aggregate rather than as individuals. Now they only have to meet in the aggregate the renewable portfolio standards of their incremental growth by renewable energy.
Sec. 4 will amend the SPEED program with a greatly altered version of H.170, described in the report of 2/16/9. This section will require the Public Service Board, by September 30, 2009, issue a standard long-term contract for qualifying SPEED resources. The standard offer shall be for a term of 10 - 25 years for a plant using solar power and of 10 - 20 years for all other plants. Initial price for electricity will be $0.12 / kwh for plants using landfill methane; $0.20 / kwh for wind turbines of 15 k w or less; $0.30 / kwh for solar power; the statewide average retail residential rate for hydropower, wind greater than 15 kW, and biomass. The bill will require the public service board to develop a generic cost for each type of generation with a rate of return not less than that of the highest rate of return received by a Vermont investor-owned retail electric service provider on the date of the SPEED contract. The bill will require the public service board to update the rates every two years for new contracts. Renewable energy credits will belong to the purchasing retail utility, except for plants using agricultural methane where the generator will own the credits. The bill will also require all Vermont electric providers to buy on a pro-rata basis all electricity generated under a standard SPEED contract with an exception for those utilities whose supply consists of at least 25% renewable electricity from plants in operation before September 30, 2009. The standard offer shall be in effect until the goal of qualifying SPEED resources commissioned after September 30, 2009 equaling 50 MW is achieved. There are several pages on the duties of the SPEED facilitator, an entity named by the public service board to be a broker of the electricity provided through the standard offers. Use of the standard offer is optional on the part of the generator.
Sec. 4a will continue allowing utilities to offer renewable energy pricing rather than making such pricing mandatory after July 1, 2009.
Sec. 5 will require that all money from the federal stimulus bill for the state energy program be put into this fund. (NOTE: The main source of money for the clean energy development fund has been from the Vermont Yankee nuclear power plant. The fund was created to build clean energy projects in preparation for the time when Vermont Yankee will be out of operation.) The uses of the fund will be expanded to include thermal energy or geothermal resources. The federal money will be used for the Vermont small-scale renewable energy incentive program, for grants and loans for renewable energy resources (that may be thermal only, such as district heating), grants and loans for thermal efficiency incentive programs, community-scale renewable energy financing programs, certification and training for renewable energy workers, promotion of local biomass and geothermal heating, and an anemometer loan program. The bill will expand the small-scale renewable energy program to include institutions. (It now is available to residences and businesses.) The bill will reuire funding of the small-scale renewable energy incentives program as long as funds are available in the clean energy development fund.
Sec. 6 will allow a utility to recover prudently incurred costs for applying for or seeking permits, certificates, or approvals for new renewable energy in Vermont, whether or not such is ultimately granted. It will also authorize the board to provide and incentive rate of return on any capital investment for renewable energy facilities located in Vermont.
Sec. 7 will not allow the public service board to reject a petition for wind turbines on the grounds that the petition uses a generic turbine with maximum height, diameter, and noise rather than a specific make and model of turbine.
Sec. 8 involves the existing state policy "Wind Energy and Other Renewable Energy Development on ANR Lands" (Dec. 2004). It will require the agency to review the policy if it receives significant new information on the policy. The section will also require the agency to report on the policy and implementation by February 15, 2010.
Secs. 9 and 9a through 9e will amend the business solar energy investment credit in ways that I shall not attempt to summarize.
Sec. 10 will alter the requirements dealing with carry through and recapture of federal business energy tax credits.
Sec. 11 will require the residential building energy standards to conform to the 2009 International Energy Conservation Code by January 1, 2011. (NOTE: The standards are already supposed to be updated promptly each time the International Energy Conservation Code is updated.)
Sec. 12 will require the commercial building energy standards to comply with the stricter of ASHRAE standard 90.1-2007 or the 2009 International Energy Conservation Code by January 1, 2011. (NOTE: The standards are already supposed to be updated promptly each time the International Energy Conservation Code is updated.)
Sec. 13 will require the commissioner of public service to develop a plan by September 1, 2011 to achieve compliance with the residential and commercial building energy standards in at least 90% of new and renovated spaces by February 1, 2017. This will include establishing, by June 30, 2012, training and enforcement programs to meet the standards and for measuring the rate of compliance.
Secs. 14 and 14a will allow self-managed efficiency programs for transmission and industrial electric ratepayers that pay more than $1,500,000 into the program that funds Efficiency Vermont and that have a comprehensive energy program with annual objectives. The section contains many more details on such self-managed programs.
Secs. 15 and 15a will establish a Vermont Village Green Renewable Pilot Program with projects in two communities, with Montpelier and Randolph being the preferred two communities. Eligible projects must use renewable energy to provide district heating with or without district power, to serve a downtown development district or a growth center. Certification of a project may not be appealed under the administrative procedure act. The sections will require that the clean energy development fund provide an incentive of at least $100,000 to be applied to the cost of construction. All of the heat from the project must be made available within the designated area. If the project will also generate electricity, then at least some of it must be made available within the designated area under net metering or a special rate created by the Public Service Board. Excess electricity may be sold to the local utility (GMP for Montpelier and CV"PS for Randolph).
Secs. 15b, 15c, and 15d will prohibit municipalities from prohibiting solar collectors, clotheslines, or other energy devices based on renewable resources under either its police powers or its zoning bylaws and will prohibit deed restrictions, covenants, and similar binding agreements running with the land from prohibiting solar collectors, clotheslines, or other energy devices based on renewable resources. The prohibitions will not apply to patio railings in condominiums, cooperatives, or apartments.
Secs. 15e through 15k will create clean energy assessment districts. The sections will allow voters in municipalities to form clean energy assessment districts and to authorize the municipality to finance renewable energy projects and energy efficiency projects undertaken by property owners in the municipality. After a clean energy assessment district is formed, property owners may join the district by a written agreement in order to obtain capital for an eligible project. The owner must submit an analysis of the energy saving project and must meet an underwriting review of payment ability. The agreement will run with the property. There are a number of other conditions and requirements contained in these sections. The bond shall be based on the full faith and credit of the municipality and not on the value of the properties joining the district. The municipality shall release its lien on a property if the property has been foreclosed.
Sec. 16 will make the bill effective on passage except sections 9 and 9a will be effective for investments made on or after January 1, 2009 and 9b will apply to investments made on or after January 1, 2011.

BILLS RETURNED BY THE GOVERNOR WITHOUT SIGNATURE (vetoed in common parlance):

H.436 - Decommissioning and decommissioning funds of nuclear energy generating plants was returned by the governor without signature on 5/22/9. The bill will promote reclamation of lands used by a nuclear energy generating plant as soon as technically possible after the plant stops generating electricity. The bill will require the owner or controlling interest of a nuclear power plant to have enough money in the decommissioning trust fund to fund the full cost of decommissioning at all times after March 21, 2012. Decommissioning means returning the site to a greenfield condition and does not include placing the plant in storage for later decommissioning. The statute now prohibits the public service board from issuing a final order or certificate of public good unless the general assembly determines that operation will promote the general welfare and grants approval for that operation. The bill will expand that prohibition to any proposed or preliminary order. If control of the plant is acquired by a different utility, then the public service board will need to determine that the decommissioning fund is adequate to pay for complete decommissioning at the time of the acquisition before the board can issue a certificate of public good.

BILLS THAT PASSED ONE CHAMBER AND ARE PENDING IN THE OTHER (plus S.99 that got to second reading and no farther in the Senate):

H.28 - Temporary wastewater system permits passed the house in an amended form and has been in Senate Natural Resources and Energy since 2/19/9.

H.62 - Working farm dogs passed the house in an amended form and has been in Senate Agriculture since 3/22/9. This topic has been incorporated into S.89.

H.94 - Collection and recycling of mercury-added lamps passed the House in an amended form and has been in Senate Natural Resources and Energy since 3/31/9.

H.240 - No-net-loss of state hunting lands. This bill passed the House in an amended form and has been in Senate Rules since 5/4/9.

H.434 - Agency of agriculture, food and markets revenues passed the House in an amended form and has been in Senate Rules since 5/7/9.

H.456 - Seasonal fuel assistance passed the House and has been in Senate Appropriations since 5/6/9.

S.18 - Limiting the power of municipalities or deeds to prohibit the installation of solar collectors, clotheslines, or other energy devices based on renewable energy resources passed the Senate and has been in House Natural Resources and Energy since 3/25/9. This topic has been incorporated into H.446.

S.54 - Clean energy assessment districts passed the Senate and has been in House Natural Resources and Energy since 4/22/9. This topic has been incorporated into H.446.

S.77 - Disposal of electronic waste passed the Senate and has been in House Natural Resources and Energy since 4/8/9.

S.99 - Amending the Act 250 criteria relating to traffic, scattered development, and rural growth areas reached second reading on 3/24/9 and proceeded no further.

Other bills did not advance past first reading in the chamber of origin.

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