Legislation
The rising cost of oil, health care, property taxes and groceries are undermining Vermonters' financial stability. The legislature was committed to working on these issues and more starting on day one of the recently concluded biennium with this reality in mind. Our focus has been and will continue to be steadfast on creating new jobs and opportunities for Vermonters in order to ensure the continued vitality of our economy into the future. The following are some of our successes and our initiatives - which we will continue to push for - from this most recent session.
STRENGTHENING VERMONT'S ECONOMY
We passed the Energy Efficiency and Affordability Act (S.209), which will benefit ratepayers and create jobs. This legislation will create thousands of jobs in the state's growing renewable energy and green construction sectors, as well as put money back in Vermonters' pockets by reducing homeowners' heating oil usage. The Rural Energy Council estimates a sustained annual gain of up to 3,000 jobs in the renewably energy and green building sector. They also site low estimates of 10,000 short term jobs in the "ramp up" phase.
Money spent on heating oil goes quickly out of state, and mostly overseas. By investing in efficiency and in-state generation of renewable energy, we can keep jobs and money in Vermont's economy.
The Energy Efficiency and Affordability Act (S.209), will save Vermonters money:
- The Problem: We are spending $800 million each year on energy, just to heat and cool our buildings. That's equivalent to the entire property tax burden for the whole state. That's $340 million more on fossil fuel to heat our buildings than we did 4 years ago.
- The Solution: By investing in efficiency, we can:
- Reduce fuel bills by 25%
- Lower bills in existing homes by $600 - $1000/year
Housing:
We passed a thoughtful housing bill (H.863) that will protect Vermont's landscape and stimulate economic activity through the construction of a diversity of new housing options. This was the most contentious bill of the session, with stakeholders from environmental groups to homebuilders coming to the table to work out differences. We were finally able to reach a compromise that will relax permitting in city, town and village centers. This will enable communities to determine the most opportune areas for construction while preserving the rural character of our countryside.
Telecoms:
The Telecommunications Authority (H.248) will advance broadband and wireless communications infrastructure to homes and businesses throughout the state. This initiative will help foster economic development by improving access to these services across the state.
Employment:
The legislature supported a measure to encourage and reward business growth for Vermont businesses. Through the VEGI (Vermont Employment Growth Incentive) tax credits, we have granted cash incentives to Vermont companies to fund job growth and investments in capital facilities, machinery, and equipment. The VEGI tax credits will help to create jobs and generate revenue for Vermont by providing incentives to businesses to continue to grow each year.
Additionally, we have provided incentives for economic development that will keep the downtowns vibrant.
We crafted a fiscally responsible, balanced state budget that did not raise taxes. We did so by avoiding gimmicks and supporting programs that are proven to work. The legislature was left to do the heavy lifting after the Governor passed down a fairy tale budget that amounted to gambling with Vermont's future.
We gave a boost to business with:
- Workers compensation misclassification bill (S.345)
- Sales tax holiday
- Housing bill (H.863)
- Renewable energy incentives in (S.209)
- A pledge to provide broadband and wireless services to all of Vermont by the end of 2010 (HS.248)
- Energy efficiency services that will help businesses save money as the cost of energy continues to rise (S.209)
- L3Cs (S.308)
- OMYA
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PROPERTY TAXES
We passed Education Cost Containment (Act 82, H. 526) legislation which encourages school districts to provide quality education while working to lower property taxes. Act 82 gives School Boards a tool to communicate to voters if a school budget grows more than inflation plus one percent in a year. Two budgets, one for spending up to inflation plus one percent, and another with the additional spending, are presented at town meeting. This stipulation forces school boards to scrutinize their budgets and inform voters as to which costs are driving up the budget increases. The law protects the intent of Acts 60 and 68: towns still decide how much they want to spend on their schools. Unlike the threshold provision that the House substituted for Act 82's two vote provision this year, Act 82 does not punish districts for wanting to spend more.
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EDUCATION
School calendar (S.117 and H. 864): The House and Senate each passed bills that would establish more uniform school calendars in the state, but neither chamber accepted the other's bill so the legislation will expire.
The Senate voted to restructure the administration of education by eliminating the Board of Education and making the Department of Education an agency headed by a secretary appointed by the governor, but the House let the bill die (S. 371).
Beginning in the fall, students burdened with life threatening allergies or asthma may carry their medications and self administer them at school and at school sponsored activities. Their parents must work with a school nurse before students are clear to self administer their medications (H.748).
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OIL AND GAS PRICES
Several of the issues causing economic pain for Vermonters are beyond the influence of the state legislature (e.g. gas and oil prices, the national sub prime mortgage crisis, rising food prices around the world). The cruelest thing we could do is to over promise to Vermonters that our policies are going to solve all their problems. Vermonters and Americans are sick of that kind of empty promise politics, after all. We acknowledge that we can't fix everything, but we have done everything in our power to help struggling working Vermonters and their families.
We have passed resolutions to:
- Empower the AG to investigate big oil's record profits, and investigate whether they have engaged in price fixing or gouging.
- Urge the AG to request a waiver from the federal corn ethanol mandate that is driving up food prices by diverting food to fuel. In a cradle to grave analysis, corn ethanol leads to more greenhouse gas emissions than fossil fuel use. This is because of the fossil fuels used in production, processing and transport, plus fertilizer.
- Supporting congressman Welch's request to stop contributions to the Strategic Petroleum Reserve.
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ENERGY FUTURE
Energy Efficiency and Affordability Act (S.209) - creating permanent, good paying "green collar" jobs in a growing sector, plus contributing to our economic security by generating power in state. The more we generate at home, the more resilient our economy will be in the face of ever increasing oil prices.
Independent Safety and Reliability Assessment of Vermont Yankee (S.364). Many Vermonters are concerned with the news they hear about Vermont Yankee and the plant's safety. Next session, the legislature will be charged with the task of considering whether to allow VY to continue to operate for another twenty years. Before this happens we want a thorough and prudent Independent Safety Assessment conducted. This assessment will be subject to review by a committee, the legislature and the public.
A corporate restructuring at Entergy's Louisiana headquarters puts Vermont taxpayers at risk of having to pay to clean up the Vermont Yankee site after the plant shuts down. Entergy, the company that owns the plant now, is a well run, well capitalized company. But they want to transfer the plant to a highly leveraged, debt ridden corporate shell. The decommissioning fund is currently worth about $425 million, just over half the estimated $800 million it will cost to clean up the site. The Decommissioning Fund Bill (S.373) would require Entergy to provide financial guarantees that they will pay any decommissioning costs that the fund cannot pay for at the time of closure. This is something they agreed to when they bought the plant. They are now designing a new corporate shell in order to distance themselves from that responsibility. The Governor vetoed the bill, failing to hold Entergy to its promises. In doing so, he showed that he is loyal to a rich Louisiana corporation before the Vermonters who elected him. He clearly chose protecting corporate interests over protecting Vermont rate payers.
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HEALTH & HUMAN SERVICES
Health care costs are increasing at 2-3 times the rate of inflation. Insuring an average Vermonter in 1996 cost $3,000/year; the average cost today is above $6,000/year., the fact that the legislature took some important steps in health care reform while faced with rising costs in a tough fiscal year, is an accomplishment in itself. We have taken additional steps towards containing the ever escalating costs of health care reform (H.887) by making strategic investments in prevention, disease management, and information technology. We also allow young adults up to 23 to purchase cobra on their parents' health plans.
The legislature's health care reform bill (H.887) promotes health and wellness across the state, in our schools and at worksites. This bill encourages maintaining a healthy lifestyle and adopting a proactive approach to personal health. These simple measures can drastically reduce the need for costly medical care later in life. Obesity is a prime example of where actionable change can occur. Obesity alone is a contributive factor in fifteen chronic illnesses and diseases, which affect Vermonters and cost the state $140 million annually. Educating our children at an early age to choose healthy, active lifestyles is a one vital step we can take in this long term, responsible approach to health care.
We are working with the federal government to make Catamount Health more accessible to Vermonters by allowing those with pre-existing conditions to enroll, and by reducing the waiting period for uninsured persons from 1 year to 6 months. (We're petitioning the Federal Gov to change the waiting period).
We expanded coverage in order to help the underinsured - people who suffer because their health insurance costs too much and/or provides too little. People with high insurance deductibles (over $10,000) are eligible to enroll in Catamount. We set this high limit to avoid over committing. The hope is that we'll not be overwhelmed (we predict several hundred will be newly eligible) and will be able to lower the threshold next term.
Domestic violence is the leading cause of homicides in Vermont. From 1994-2006, a staggering 49 % of homicides were connected to domestic violence. The Senate passed a bill that takes aim to break the vicious cycles that lead to Domestic Violence (S.357) by providing more training to police on the issue, increasing penalties for offenders, and providing more protection and services for victims. Through increases in court surcharges and marriage licenses, the legislation will provide about $880,000, more than doubling the amount of money the state spends combating domestic violence.
We invested in Information Technology for Medical Records (H.891) which will help lower health care costs. Insurance plans would pay 0.199 percent of hospital claims help primary care physicians cover the costs of transitioning to electronic medical record systems over a seven year period. Vermont Technology Leaders (VITL), a public/private partnership, will grant up to $45,000 per independent physician.
HIV testing (H.112): We protected emergency personnel who are exposed to body fluids on the job. There will now be a process to test patients treated during an emergency in order to determine any potential exposure to bloodborne pathogens. Living patients must consent to the tests, but tests on corpses are automatic, if requested. Results remain confidential to protect the privacy of source patients and rescue personnel.
Mental health parity (S.114): We helped mental health patients by giving state insurance officials clearer authority to respond to complaints and regulate insurance plans that use separate firms to manage physical and mental health care.
Vermont State Hospital (S.365): The state will investigate where to put a 15 bed, secure residential unit for psychiatric patients who no longer require hospitalization. Officials had considered new construction at the Waterbury office complex, but lawmakers directed them to look at a Dale building that would be vacated if female inmates housed there are moved to St. Albans, and at the current hospital building. Planning for the secure unit is another step in the process to close and replace the 54 bed Vermont State Hospital in Waterbury.
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ENVIRONMENT
The Housing Bill (H.863) promotes SmartGrowth and fights sprawl by making it more straightforward and affordable to build within village, town and city centers - where communities say they want to see growth - and relatively more difficult to do so in the countryside - where Vermonters value open space, agriculture and forestry, and ecological services. Communities can access this tool by applying to become a Vermont Neighborhood. The bill is a necessary update to Act 250 after 37 years. It helps to alleviate an unintended consequence of Act 250: 9 unit housing developments distributed across the countryside to avoid the 10 unit threshold. The bill adjusts Act 250 thresholds according to town population sizes, rather than the old one size fits all solution.
The Groundwater Bill (S.304) safeguards our drinking water by designative groundwater in the public trust. Surface waters are already in the public trust. Industries, such as water bottlers, who want to extract >56,000 gallons/day from Vermont aquifers would need to be permitted to do so. Agricultural and domestic uses are exempt.
We allowed the Intervale Compost Products in Burlington and Vermont Compost Co. in Montpelier to keep operating while a panel meets to recommend how composting (H. 873) should be regulated.
Environmental enforcement (H. 685): A Douglas appointed judge found this spring that ANR is in violation of the Clean Water Act due to their failure to enforce environmental laws: Penalties will increase for violation of environmental permits, particularly for those who realize an economic advantage by not following the law. The Agency is directed to establish a database of enforcement actions taken. This database will streamline the various natural resource entities and hold them accountable to prepare a report to the Legislature on the enforcement actions taken, including use of stormwater general permits and enforcement actions involving those permits.
Lake Champlain (H.873): In 2007 the Legislature called for revamping the TMDL, which would have resulted in significant investments by minicipalities to curtail point source pollution to the lake from sewage treatment plants. But the cap established last year was repealed because of municipalities' concerns about cost. Instead, the state will pursue other efforts to reduce pollution in the lake. We'll focus on working with landowners to reduce runoff by using better management practices on the farm and investing in fences and riparian buffers to keep farm waste out of waterways. We are keeping an eye on the administration to ensure that federal matching money does not continue to go unused.
Fish and wildlife; deer herd; regulations (H.557): This act postpones until 2014 the sunset of the fish and wildlife board's authority to adopt rules regulating the deer herd. The act also prohibits a person from carrying or possessing a charged muzzle loading rifle or shotgun within a motor vehicle on a public highway. The act also clarifies the point violations to be assessed for violations of certain rules of the fish and wildlife board.
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AGRICULTURE & FORESTRY
Manure injection (S.290): The Agency of Agriculture will help provide cost share to farmers and custom farm operators to buy equipment that injects manure into soil to reduce surface runoff, reduce odor and improve water quality.
The Vermont dairy promotion council bill (S.322) addresses the expansion of markets for local foods. For example: On-farm slaughtering of animals could be possible by April 15 if Vermonters buy a live animal and contract with a farmer to raise the animal and have it slaughtered. The change depends on whether the federal government rules that it won't affect the state's meat inspection status.
Farmers can now sell 50 quarts a day of raw milk. Act 101.
Vermont Farmers will be allowed to grow Industrial Hemp (H.267) if the federal government changes its regulations.
Milk Hauling: We delayed the date at which milk companies will take over the costs of hauling milk from the farmers. The delay will give neighboring states, New York and New Hampshire, time to pass similar laws. This should protect Vermont farmers from competitive disadvantage.
We ordered the commissioner of Forests, Parks, and Recreation to report on the feasibility of certifying the management of state forest lands as sustainable under various certification programs (S.322).
Current Use (S.311): Under the state's tax program for working farms and forests, more ecologically significant land like wetlands, rare or exemplary natural communities, riparian buffers, wetlands, vernal pools, and significant wildlife habitat will be eligible for enrollment. Previously, only 20% of a parcel enlisted in the program was allowed not to be managed for timber. That 20% might have included site IV (unproductive) land like wetlands, as well as steep slopes or high elevation forest that is not practical to log. Now, that threshold can be surpassed with the permission of the Commissioner of Forest, Parks and Recreation.
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CONSUMER PROTECTION
Product safety has become a national concern for consumers, we took important steps to ensure quality, safe goods in Vermont:
We banned toxic plastic chemicals called phthalates (S.261) in toys for children ages 0-3.
We took steps to protect kids from lead poisoning
- Lead paint (H. 863): The state will track lead screening of children. If the rate doesn't meet certain levels by 2011, rules will be developed for mandatory screening
- Lead in products (S.152): Lead must be phased out of children's products and wheel weights. Lead content will also be restricted for plumbing fixtures, paints and primers, and salvage building materials.
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