Vermont Legislature - Week of January 26 - February 1, 2010 (prepared by Thomas Weiss, citizen of Vermont, from information provided by the legislative council and from personal observation.)
NEW BILLS: This gives the title and my brief summary. One can get any bill in the bill corridor of the state house or on line at www.leg.state.vt.us/database/status/status.cfm .
H.525 - Beef promotion and research. This bill will designate the Vermont Beef Council, Inc. as the qualified state beef council under the federal beef promotion and research act of 1985 (Public Law 99-198) and the related federal rules (Code of Federal regulations, title 7, part 1260.) The council will be authorized to collect The bill will allow the council to collect $1 per head of cattle sold in Vermont or elsewhere and send that money to the national Cattlemen's Beef Promotion and Research Board. The bill will also allow the council to collect $0.50 per head for the council's own use. (NOTE: The group's internet site claims that it is already the qualified state beef council. The secretary of state's internet site shows that the council was incorporated on 12/21/1986, it was terminated on 4/25/94 and it is now inactive as a corporation.) Representative Ainsworth is the main sponsor and there are 6 other sponsors. The bill was sent to House Agriculture of 1/19/10
H.528 - Illegal cutting, removal, or destruction of forest products. This bill will provide fines for the illegal cutting, removal, or destruction of forest products. Forest products will be timber, trees, logs, lumber, wood chips, maple sap or sugar, whether merchantable or not. The bill will expand existing statutes protecting trees, timberwood, or underwood. The bill will also remove the prohibition on defacing ownership marks on logs or other valuable timber. Representative Partridge is the main sponsor and there are 2 other sponsors. The bill was sent to House Judiciary on 1/19/10.
H.536 - Operation of all-terrain vehicles on frozen waters. This bill will allow the secretary of natural resources to allow all-terrain vehicles to operate on specific frozen bodies of water through rules or procedures. Representative Helm is the sole sponsor. The bill was sent to House Fish, Wildlife and Water Resources on 1/20/10. (H.436 is similar.)
H.540 - Motor vehicles passing vulnerable users on the highway and to bicycle operation.
- This bill will restrict the current requirements for one vehicle passing another vehicle to apply to only one motor vehicle passing another motor vehicle. The bill will then require a motor vehicle passing a vulnerable user to exercise due care to safely clear a vulnerable user. Vulnerable user will be defined as pedestrians, wheelchair operators, bicyclists, operators of non-motoer vehicles, roller skaters,, rollerbladers, roller-skiers, highway workers, riders or herders of animals, and operators of farming equipment. The bill will prohibit the operator of a vehicle from approaching, passing, or maintaining speed unnecessarily close to a vulnerable user. The bill will prohibit a person in a vehicle from throwing anything at a vulnerable user. The bill will repeal the existing section of statute governing passing pedestrians on a highway. (NOTE: The bill appears to remove all restrictions on how non-motor-vehicles, other than bicycles, may pass any type of vehicle or vulnerable user.)
- The bill will allow a bicyclist to signal a right turn using the right hand; bicyclists are now required to use the left arm and hand extended upward to signal a right turn.
- The bill will add horses being ridden to the list of livestock to which a motor vehicle must yield.
- The bill will allow bicyclists to ride to the left when turning left, when overtaking a slower vehicle, when avoiding hazards or road conditions.
- The bill will define night-time operation of bicycles as one-half hour after sunset until one-half hour before sunrise. (NOTE: I believe this is the same definition as for motor vehicles.) Statute already requires bicycles to have front white lights and rear red lights at night. The bill will also require bicycles at night to have rear-reflectors on either the pedals or the rider's ankles.
Representative Burke is the main sponsor. There are 16 other sponsors. The bill went to House Transportation on 1/20/10.
H.541 - Green automobile insurance.
- This bill will require insurers in Vermont to offer policies that cover a vehicle owned by one or more unrelated people even if they do not occupy the same household or address.
- The bill will require the commissioner of banking, insurance, health care to adopt regulations for automobile insurance rates based on mileage. This will a require system to collect and verify odometer readings of automobiles covered under the mileage-based policies. Once the rules are implemented, insurers in Vermont will be required to offer such policies.
Representative Webb is the main sponsor and there are 20 other sponsors. The bill was sent to House Commerce and Economic Development on 1/20/10.
H.546 - Consolidating land use and environmental permit administration, rulemaking, and appeals into a department of environmental quality headed by an environmental council. This bill (57 sections in 95 pages) will revise thoroughly the organization of environmental permitting, planning, regulation, and enforcement in Vermont. The short description is that the department of environmental conservation, the natural resources board, and the environmental court will be eliminated and all of their activities transferred to a new environmental council and its department of environmental conservation. The departments of fish and wildlife and of forests, parks and recreation will remain within a much smaller agency of natural resources.
This bill is similar to S.214 of the same title which is described in the legislative report of January 5, 2010. This description mentions only the differences between the two bills and reference to the description of S.214 in the 1/5/10 report is necessary to understand this description of H.546.
- Sections 1 - 18 will modify Chapter 51 of Title 3, which defines the organization and powers of the Agency of Natural Resources.
- Sections 19 - 30 will modify Chapter 151 of Title 10, which is Act 250.
- Sections 31 - 36 will modify Chapter 201 of Title 10, which is Administrative environmental law enforcement.
- Section 37 will modify Chapter 211 of Title 10, which is Civil Enforcement.
- Sections 38 - 43 will modify Chapter 220 of Title 10, which is Consolidated environmental appeals.
- Sections 44 - 45 will modify Chapter 76A of Title 24, which is Historic downtown development.
- Sections 46 - 47 will modify Chapter 117 of Title 24, which is Municipal and regional planning and development.
- Sections 48 will create a permit process working group.
- Section 49 will modify Chapter 15 of Title 32, which is salaries and fees.
- Section 50 will repeal Chapter 27 of Title 24, which is Environmental court.
- Sections 51 - 54 will modify numerous chapters of all Titles.
- Sections 55 - 57 will deal with implementation and timing of the restructuring.
- Secs. 1 - 3 are similar except that H.546 will not abolish the Agency of Natural Resources. However, the department of environmental quality will have the same agencies moved into it in both bills.
- Sec. 4 is similar to the corresponding section in S.214. Differences are that in H.546 at least one council member will need to be an attorney practicing in Vermont and no council member need have expertise in wildlife habitat and ecology. In S.214, council members will be appointed by an appointments committee; in H.546, the appointments committee will recommend five people to the governor for each vacancy and the governor will make the appointments subject to Senata approval.
- Sections 4 - 6 will mostly change existing responsibilities from the structure of the Agency of Natural Resources to the structure of the Department of Environmental Quality.
- Section 7 is mostly the same as in S.214 except it does not go into detail as to the types of projects requiring notice to an adjoining landowner.
- Sections 8 and 9 appear to be identical in the two bills.
- Sections 10 and 11 have no counterparts in S.214. These section will create a much smaller agency of natural resources containing only the Departments of Fish and Wildlife and of Forests, Parks, and Recreation, instead of having them become independent departments as in S.214.
- Sections 12 and 13 are similar to sections 10 and 11 in S.214 with differences caused by the structure (part of an agency of natural resources instead of independent departments.
- Section 13 will create a new subchapter for the department of environmental quality.
- Section 14 is the same as section 12 in S..214.
- Sections 13. Section 15 is essentially the same as section 13 in S.214.
- Section 16 is essentially the same as section 14 in S.214.
- Section 17 is the same as section 15 in S.214.
- Section 18 is essentially the same as section 16 in S.214 with some differences in the personnel assigned to assist in the quasi-judicial proceedings of the environmental council.
- Section 19 is similar to section 17 in S.21 except it will not amend the definition of subdivision.
- Section 20 is the same as section 18 in S.214.
- Section 21 is the same as Section 19 in S.214.
- Sections 22 - 27 are the same as sections 20 - 25 in S.214.
- Section 28 is the same as section 26 in S.214.
- Section 29 is the essentially the same as section 27 in S.214.
- Section 30 is the same as section 28 in S.214.
- Sections 31 - 36 are mostly the same as sections 29 - 34 in S.214, with some differences because of the two different proposed structures.
- Section 37 is the same as section 35 in S.214 allowing for differences in the two proposed structures.
- Sections 38 - 42 are essentially the same as sections 36 - 40 in S.214.
- Section 43 is the same as section 41 in S.214.
- Sections 44 and 45 are the same as sections 42 and 43 in S.214.
- Section 46 is the same as section 44 in S.214.
- H.546 has no equivalent of section 45 in S.214.
- Section 47 is different from section 46 in S.214. In H.546, a municipality will have the choice to adopt rules of ethics with respect to conflicts of interest or by default it will use rules developed by the department of environmental quality.
- H.546 has no equivalent of sections 47 - 50 in S.214.
- Section 48 is the same as section 51 in S.214.
- H.546 has no equivalent of section 52 in S.214.
- Section 49 is the same as section 53 in S.214.
- Section 50 is the same as section 54 in S.214.
- Sections 51 - 54 are essentially the same as sections 55 - 59 in S.214 allowing for differences in the proposed structures.
- Section 55 is the same as section 60 in S.214.
- Section 56 is similar to section 61 in S.214 with allowances for the differences in proposed structures and with some timing differences.
- Section 57 is the same as section 62 in S.214.
Representative Klein is the sole sponsor.. The bill was sent to House Natural Resources and Energy on 122/10.
H.547 - Development and analysis of data relating to environmental permit applications that take longer than 120 days to process. This bill will require the agency of natural resources and the natural resources board individually to analyze all permits certificates, or approvals under their jurisdictions that took longer then 120 days to process and figure out why each took more than 120 days. The agency and the board will be required to present detailed reports by November 15, 2010. Representative Klein is the sole sponsor. The bill was sent to House Natural Resources and Energy on 1/22/10.
H.549 - Reduction in sulfur and an increase in biodiesel content in heating oil. This bill will require all no. 2 heating oil sold in Vermont to have a sulfur content of 1.5 parts per million or less by July 1, 2011. The bill will require all no. 2 heating oil sold in Vermont to contain 3% biodiesel by July 1, 2011 and going up one percentage point each year for two subsequent years. The governor will be authorized to temporarily suspend implementation if there is an inadequate supply of the fuel. The bill will not become effective unless Massachusetts, New Hampshire, and New York adopt standards for sulfur and biodiesel at least as stringent as those in this bill. Representative Klein is the main sponsor and there is one other sponsor. The bill was sent to House Natural Resources and Energy on 1/22/10.
H.550 - Vermont economic development board. This bill is essentially the same as S.198. See the legislative report of 1/5/10 for a description of that bill. Representative Botzow is the main sponsor and there is one other sponsor. The bill was sent to House Commerce and Development on 1/22/10.
H.551 - Bisphenol A. This bill is the same as S.247. See the legislative report of 1/5/10 for a description of the bill. Representative Milkey is the main sponsor and there are 10 other sponsors. The bill was sent to House Human Services on 1/22/10.
H.553 - Transportation and slaughter of calves less than ten days old. This bill will prohibit that and will also prohibit anyone from causing or allowing a calf to die to circumvent the restriction. Representative Pellett is the sole sponsor. The bill was sent to House Agriculture on 1/22/10.
H.560 - Fee to post land prohibiting hunting. This bill will remove the current annual fee of $5 paid to a town clerk when a landowner records the posting at the clerk's office. Representative Rodgers is the main sponsor and there is one other sponsor. The bill was sent to House Government Operations on 1/22/10.
NEW REPRESENTATIVES: Governor Douglas appointed Robert C. Krebs to the vacant seat of the Grand Isle - Chittenden - 1 District and appointed Oliver K. Olson to the vacant seat of the Windham - Bennington - Windsor - 1 District. They were both sworn in on Tuesday, January 19, 2010. Krebs has been assigned to House Fish, Wildlife and Water Resources; Olson to House General, Housing and Military Affairs.
COMMITTEE HEARINGS: Hearings are subject to change: addition or deletion; if you want the latest information, call the legislative council (828-2231) or check www.leg.state.vt.us/schedule/schedule2.cfm . To testify on a bill in person call the legislative council (828-2231). Send written comments to the committee at the state house in Montpelier (05633). Recordings of most committee hearings can be ordered on compact disc from the legislative council for $1 per disc. The Sergeant-at-arms can deliver messages to legislators. (828-2228).
As of the posting of this report the following committees do not have schedules on the internet. House: Corrections and Institutions, Human Services Senate: Judiciary
Tuesday, January 26, 2010
H.323 - Establishing buffer zones adjacent to rivers of the state with commissioner of Fish and Wildlife and First American Title Insurance at House Fish, Wildlife and Water Resources. (15 min. after 10 a. m. floor)
H.97 - Idling of motor vehicles for mark up at House Natural Resources and Energy. (all day beginning 15 min. after 10 floor and again 15 min. after 1 caucus)
Vermont Yankee - tritium leakage with Department of Health (Dr. Irwin) at Senate Health and Welfare. (1:30 - 2:30)
Revenue for a sustainable economy: green taxes, common assets and subsidy reform with Gund Institute for Ecological Economics at Senate Finance. (1:30 - 3:15)
Railroads with Vermont Rail System and agency of transportation at House Transportation (beginning at 2)
Wednesday, January 27, 2010
Vermont Energy Education Program at joint House and Senate Natural Resource and Energies in room 11. (9 - 10)
Railroads with Rail Council at House Transportation. (9 - 10:30)
H.485 - Use value appraisal program with director of taxes and Vermont Land Trust at House Agriculture. (9 - 10:30)
H.484 - Regulation of toxic substances with deputy commissioner of environmental conservation, Vermont Public Interest Research Group, Planned Parenthood of Northern New England, and Seventh Generation at House Fish, Wildlife and Water Resources. (9 - noon)
Smart grid, jobs, and energy issues with deputy commissioner of public service, Vermont Electric Power Company, Vermont Electric Co-operative, Burlington Electric Department and lobbyists for Green Mountain Power and Central Vermont Public Service at House Commerce and Economic Development. (9 - noon)
S.146 - Municipal authority to regulate products in the municipal waste stream with no witness listed (probably a sponsor's hearing) at Senate Government Operations. (9:30 - 10)
The beginning and end of the nuclear fuel cycle with Beyond Nuclear and Lorraine Rekmans at joint House and Senate Natural Resource and Energies in room 11. (10 - noon)
H.132 - Residential electrical installations with solar energy representative, and lobbyists for Green Mountain Power, Central Vermont Public Service, and Renewable Energy Vermont at House General, Housing and Military Affairs. (10 - 12)
H.525 - Beef promotion and research with Vermont Beef Producers' Association at House Agriculture. (11 - 12)
Vermont Yankee update with Arnie Gundersen (Public Oversight Panel) at House Natural Resources and Energy. (15 min. after 1 floor)
H.528 - Illegal cutting, removal, or destruction of forest products with Senator Choate and Vermont Forest Products Association at House Agriculture. (15 min. after 1 floor)
Thursday, January 28, 2010
H.541 - Green automobile insurance with sponsor, legislative counselor, and lobbyists for American Insurance Association and Property and Casualty Insurers Association of America at House Commerce and Economic Development. (9 - 10)
Energy planning with department of public service, and lobbyists for Central Vermont Public Service and Green Mountain Power at Senate Natural Resources and Energy. (9 - 10:15)
Clean energy development fund with Clean Energy Development Fund, and Agricultural Energy Associates at Senate Agriculture. (9 - 10:30)
H.484 - Regulation of toxic substances with Toxics Action Center and Trout Unlimited at House Fish, Wildlife and Water Resources. (9 - noon)
H.549 - Reduction in sulfur and an increase in biodiesel content in heating oil with sponsor & legislative counselor. (9 - 12)
H.519 Buy local with sponsor, Vermont Businesses for Social Responsibility, and Local First Vermont at House Commerce and Economic Development. (10 - 11)
Rail program budget with agency of transportation at Senate Transportation. (10 - 11)
Current use with no witness listed at Senate Agriculture. (beginning at 10:45)
Department of Public Service Update at Senate Finance. (1:30 - 3:15)
Public transit budget with agency of transportation at House Transportation. (beginning at 2)
S.229 - Mold insurance coverage with legislative counselor, deputy commissioner of Banking, Insurance, Securities, and Health Care Administration,and lobbyists for American Insurance Association, Property Casualty Insurers of America, and State Farm Insurance at Senate Finance. (beginning at 3:15)
Friday, January 29, 2010
Biofuels with no witness listed at House Agriculture. (15 min. after 9:30 floor)
S.264 - Vermont dairy industry stabilization and health (DISH) program with legislative counselor at Senate Agriculture. (10:15 - 12)
LAST WEEK:
ACTIONS ON PREVIOUSLY REPORTED BILLS:
H.305 - Keeping the Vermont state nuclear advisory panel fully informed was transferred to House Government Operations from House Natural Resources and Energy.
H.485 - Use value appraisal program is scheduled for second reading on 1/26/10 after having been transferred to House Appropriations on 1/19/10.
H.518 - Dairy-farm solar power initiative was transferred to House Agriculture.
H.528 - Illegal cutting, removal, or destruction of forest product was transferred to House Agriculture from House Judiciary.
S.99 - Amending the act 250 criteria . . .was ordered to lie on 1/19/10 pending third reading of the bill in the Senate.
HEARINGS I ATTENDED:
Biomass Energy Development Working Group. This group made an interim presentation to both Agriculture and both Natural Resources and Energy Committees on 1/20/10. The group is partway into a three-year process to enhance the growth and development of Vermont's biomass industry while maintaining forest health. The group reported on how it had organized and what it plans to do. One interesting comment was from Chris Brooks of Vermont Wood Pellet Company. His company went from concept to reality in seven months. He found the permitting process to be easy because he figured out what Vermont supports and then a product and facility that what Vermont supports. Vermont supports small, low impact, sustainable, and existing facilities..
H.132 - Residential electrical installations. House General, Housing and Military Affairs held another hearing on this bill on 1/20/10. A new draft was handed out at the hearing. The committee is leaning toward requiring all electrical work for hire in single-family and two-family buildings to be done by an master electrician or journeyman electrician as their licenses allow. The committee appears to be split on whether to allow owners to do electrical work in their own, single-family, free-standing structure. Removing the single-family and two-family exemption would likely also apply to well-drillers, plumbers, and heating specialists, among others, to get a type-S journeyman's license. To get a type-S journeyman's license, one must take an approved training course and work under someone with a license for one year or to work for two years and not take the training.
Independent System Operator - New England. The people who run the electrical grid in New England talked to Senate Finance on 1/21/10. They explained how the grid works. The peak summer demand ever recorded on the New England grid was 28,100 megawatts in August 2006. The peak winter demand was 22,800 megawatts in January 2004. (NOTE: The peak demand in Vermont is about 1,100 megawatts.) Vermont's projected load growth has gone down. One of the senators asked how much demand had actually gone down in the last tow years and the witnesses did not know that. The grid has held auctions or bids for power through the 2012/2013 electrical year and has commitments for 3,500 megawatts of additional power supply over the next three years. Vermont Yankee has not requested ISO to provide a detailed study on the reliability if the New England if its license is not renewed. They mentioned that Vermont Yankee has participated in the auction process (formally called forward markets) through May 2013, meaning that the plant has committed that it will provide electricity to the New England grid through May 2013. (NOTE: Vermont Yankee's license to operate and certificate of public good to operate each expire in March 2012.) The committee had lots of questions as to why ISO-New England had done so little planning for the shutdown of Vermont Yankee when it has been known for thirty-eight years that its license will expire two years from now. The ISO people could not answer that question other than to fall back that they only do such an analysis when requested by a plant's operator and the operator had not requested any such planning yet. The ISO staff also noted that there are some issues in upstate New York that affect the reliability of the power supply in the Burlington area. ISO-New England has done some contingency planning at the request of Green Mountain Power and Central Vermont Public Service and found that some transmission lines into southeastern Vermont will likely need to be upgraded if Vermont Yankee shuts down and is not replaced with non-nuclear generation in the area.
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