Note: Legislative Committee Agendas are updated frequently throughout each day. The latest committee schedule can be found on this link. A list of weekly hearings for all committees can be found here.

House Committee Work

Agriculture, Food Resiliency, & Forestry – will get an introduction to H.673, an act relating to Vermont’s outdoor recreation economy on Tuesday. They will hear from the Vermont Citizens Advisory Committee on Lake Champlain’s future and continue work on H.550, an act relating to expanding eligibility under the local foods grant program.

Appropriations – will continue work on the FY 2025 budget, hearing from the Agency of Agriculture, Natural Resources Board, Vermont Veterans’ Home, Agency of Human Services, Department of Vermont Health Access, Department of Corrections, Department of Mental Health, Department of Disabilities, Aging and Independent Living. Department of Health, Department for Children and Families, Agency of Transportation, Department of Motor Vehicles, Vermont Commission on Women, Retired Senior Volunteer Program, Green Mountain Care Board, Department of Libraries, University of Vermont, Vermont Student Assistance Corporation, Department of Forests, Parks, and Recreation, Department of Fish and Wildlife, Agency of Natural Resources, and the Department of Environmental Conservation.

Commerce and Economic Development – will continue work on H.666, an act relating to escrow deposit bonds and S.30, an act relating to creating a Sister State Program, possibly voting that bill out of committee on Wednesday. They will hear from the Regional Planning Corporations regarding the Municipal Technical Assistance Program and see a new draft of H.769, an act relating to establishing a baby bond trust program. The committee will devote Thursday and Friday to considering the newest draft of H.121, an act relating to enhancing consumer privacy .

Corrections and Institutions – will devote most of the week to the Governor’s Capital Budget Adjustment. On Friday they will consider H.690, an act relating to establishing community restitution as a sentencing alternative.

Education – will participate in a joint Education Funding hearing with House Ways and Means on Tuesday. There will be a committee discussion regarding bonding capacity on Wednesday and they will consider PCB testing in schools and get the School Construction Report on Thursday. On Friday they will learn about the independent school approval and quality assurance process.

Environment and Energy – will continue work on H.289, an act relating to the Renewable Energy Standard, but will spend much of the week on the Act 250 bill, H.687, an act relating to community resilience and biodiversity protection through land use. On Wednesday they will receive updates on broadband build-out as it relates to H.755, an act relating to mergers and governance of communications union districts.

General and Housing – will continue work on H.751, an act relating to expanding equal pay protections and H.132, an act relating to establishing a homeless bill of rights and prohibiting discrimination against persons without homes. The committee will also consider H.829, an act relating to creating permanent upstream eviction protections and enhancing housing stability. Wednesday morning will be dedicated to H.137, an act relating to expanding the Vermont Housing Improvement Program.

Ways & Means – TBA.

 

Senate Committee Work

Agriculture – will discuss various state food programs, and on Friday they will continue work on PFAS, considering Sections 5 and 6 of S.197.

Appropriations – will spend the week on the Budget Adjustment Act.

Economic Development, Housing and General Affairs – TBA. 

Education – will hold a committee discussion on S.220, an act relating to Vermont’s public libraries, with a number of literacy related discussions following this hearing. Thursday they will discuss S.207, an act relating to revising the funding for and governance of career technical education. On Friday the committee will receive more testimony on S.284, an act relating to the use of electronic devices and digital and online products in schools.

Finance – On Tuesday the committee will discuss the Wealth Tax and S.180, an act relating to the investment of state funds in credit unions. The rest of the week is reserved for committee discussion.

Government Operations – On Tuesday, the committee has slated two hours to review, mark up, take testimony and possibly vote on a yet unreleased bill on the government response to flood recovery, an unusually short turnaround time for such a significant issue. They will do a walk-through of S.96, an act relating to privatization contracts and S.55, an act relating to authorizing public bodies to meet electronically, under Vermont’s Open Meeting Law. They will continue work on S.159, an act relating to the county governance study committee and S.242, an act relating to the maintenance of properties for the health and safety of the public.

Health and Welfare – will continue work on the following bills: S.192, an act relating to forensic facility admissions criteria and processes; S.98, an act relating to the Green Mountain Care Board authority over prescription drug costs; S.197, an act relating to the procurement and distribution of products containing PFAS and monitoring adverse health conditions attributed to PFAS; S.151, an act relating to pay parity and transparency in health care; and S.173, an act relating to the collection, sharing, and selling of consumer health data. They will also hold a hearing regarding the Blueprint Expansion Pilot Update.

Natural Resources and Energy – will hold hearings on the following bills: S.213, an act relating to the regulation for wetlands, river corridor development and dam safety; H.286, an act relating to the regulation of accessory on-farm businesses; and H.599, an act relating to retroactively reinstating 10, VSA 6081. The rest of the week is TBA.

This week is a pivotal week in the legislative session, as the House concludes its work on amending the previous year’s budget and the Governor proposes his budget for the coming year. Legislators now have a framework for the budget, even if they do not agree with all of it. The typical session is 17 or 18 weeks, and when the budget is done, the session is too, so the stopwatch on all legislation starts now. We’re not quite a quarter of the way in, and the next pivotal time comes at crossover, typically six weeks from now, when legislators need to have bills out of the committee of jurisdiction, or they’re done for the year. So, lines are drawn, the course is set – on your mark, get set, go. This week, we have a 10,000-foot view of the session’s top three issues, public safety, housing, and affordability, that you’ll want to read (4 to 5 minutes), if nothing else. Click here to read more.   In this week’s Update: Education financing heading for a cliff Governor delivers budget address House passes Budget Adjustment Act Future economic/workforce development omnibus bill The Laundry List

View this week's report

Vermont's Legislative Preview for Week 4 January 22 – January 26, 2024

There will be a Joint Assembly to hear the Governor’s Budget Message, Tuesday, January 23, 2024, at 1:00 P.M. The assembly will be livestreamed.

Note: Legislative Committee Agendas are updated frequently throughout each day. The latest committee schedule can be found on this link. A list of weekly hearings for all committees can be found here.   House Committee Work Agriculture, Food Resiliency, & Forestry – will continue their work on H.603, an act relating to poultry slaughter inspection and H.550, an act expanding eligibility under the local foods grant program. Appropriations – may vote the Budget Adjustment Act out of their committee on Monday. They will receive a walk-through of the Governor’s budget on Wednesday with the rest of the week’s work yet to be announced. Commerce and Economic Development – On Tuesday the committee will hear from the Vermont Production Collective and receive a Better Places Report. They will also receive a new draft of S.30, an act relating to creating a Sister State Program. On Wednesday they will take up H.707, an act relating to revising the delivery and governance of the Vermont workforce system, and hear from nonprofits on Nonprofit Advocacy Day. On Thursday the committee will once again take up H.121, an act relating to enhancing consumer privacy, receiving a walk-through of a new draft. The committee will possibly vote on H.666, an act relating to escrow deposit bonds. Education – will receive walk-throughs of the following: H.739, an act relating to raising awareness of military-related postsecondary opportunities; H.763, an act relating to the creation of the Youth Participatory Action Research Project; H.682, an act relating to the education equity team pilot project; H.717, an act relating to supports to help students experiencing homelessness and students exiting the foster care system; H.630, an act relating to boards of cooperative education services; H.807, an act relating to a school library material selection; H.716, an act relating to career and technical education. In between these discussions there will be a hearing on School Construction on Wednesday afternoon. Environment and Energy – will receive introductions to the following bills: H.652, an act relating to updates to the HOME act; H.673, an act relating to Vermont’s outdoor recreation economy; H.715, an act relating climate change resilience under Act 250; H.719, an act relating to housing development and unit rehabilitation; H.760; an act relating to Act 250 transparency; and H.289, an act relating to the Renewable Energy Standard. They will continue work on H.687, an act relating to community resilience and biodiversity protection through land use—i.e. the committee’s Act 250 bill. General and Housing – will receive a walk-through of H.751, an act relating to expanding equal pay protections and possibly vote on H.363, an act relating to prohibiting discrimination based on certain hair types and styles. They will continue work on H.132, an act relating to establishing a homeless bill of rights and prohibiting discrimination against persons without homes. The committee will also consider S.102, an act relating to expanding employment protections and collective bargaining rights. Transportation – will devote the week to the Governor’s proposed FY2025 budget. Ways & Means – will hold a revenue discussion on Tuesday following the Governor’s budget address. There will be a hearing on H.629, an act relating to changes to property tax abatement and sales tax on Wednesday. On Thursday there will be a potential vote on S.160, an act relating to state education property taxes and flood-related damage that passed the Senate last week. They will also receive an overview of long-term funding options for the Vermont universal services fund and discuss H.657, an act relating to the modernization of Vermont’s communications taxes and fees. Thursday afternoon the committee will hold a joint hearing with Senate Finance, House and Senate Education to discuss Education Finance as it relates to the current 5% spending cap issue. They will close out the week with a discussion on corporate taxes. Senate Committee Work Agriculture – will discuss various state food programs and on Friday they will hold a joint hearing with Senate Health and Welfare regarding S.197, an act relating to PFAS. Appropriations – will spend the week on the Budget Adjustment Act. Economic Development, Housing and General Affairs – TBA.  Education – will receive a walk-through of S.202, an act relating to the approval of independent schools and S.207, an act relating to revising the funding for and governance of career technical education. On Friday the committee will receive a walk-through of S.284, an act relating to the use of electronic devices and digital and online products in schools. Finance – On Wednesday the committee will receive testimony on S.181, an act relating to the community media public benefit fund; S.236, an act relating to amending the criteria for Act 248; and S.164, an act relating to the health insurance coverage for obesity care. Government Operations – will take testimony on S.55, an act relating to authorizing public bodies to meet electronically under Vermont’s open meeting law. They will receive introductions to the following: S.255, an act relating to equity and public access at the PUC; S.96, an act relating to privatization contracts; S.161, an act relating to the meeting of presidential electors; and, S.159, an act relating to the county governance study committee. Natural Resources – will hold a joint meeting with Senate Economic Development on Wednesday and will hear from ISO New England on Thursday.

It’s week three, and things are hitting their stride. This week’s update is primarily focused on the three buckets that were identified in the Governor’s State of the State address: housing, public safety, and affordability (state budgeting). Despite a wealth of content this week, we think we’ve maintained brevity without compromising clarity, just as we’ve done in our recent updates, but we’ll let you be the judge of that.   In this week’s Update: State Financial Outlook – Clearer Sky Yet Nowhere to Shelter from the Heat Housing Supply Side Efforts in the Senate Public Safety: Seeking Solutions Amidst Analysis Paralysis  Auditor in Another Two Tiffs over TIF  Open Enrollment Starts Feb. 15th for Vermont Family and Medical Leave Insurance The Laundry List

View this week's report

Vermont's Legislative Preview for Week 3 January 15 – January 19, 2024

 

Note: Legislative Committee Agendas are updated frequently throughout each day. The latest committee schedule can be found on this link. A list of weekly hearings for all committees can be found here.   House Committee Work   Agriculture, Food Resiliency, & Forestry – will continue their work on H.603, an act relating to poultry slaughter inspection, and H.614, an act relating to land improvement fraud and timber trespass. They will also discuss H.550, an act expanding eligibility under the local foods grant program..   Appropriations – will spend the week working on the Budget Adjustment Act. On Thursday the committee will attend a joint hearing regarding the Emergency Board Consensus Revenue Forecast.   Commerce and Economic Development – On Tuesday the committee will receive a walk-through of H.527, an act relating to requiring retail businesses to accept cash. They will take testimony on S.30, an act relating to creating a Sister State Program. They will hear updates from Advance Vermont, Workforce Investment System, Serve, Learn and Earn, Regional Development Corporations, and the Regional Planning Commissions.   Corrections and Institutions – will hold discussions of bills in their committee and receive a walk-through of H.645, an act relating to the expansion of approaches to restorative justice. On Wednesday they will hear about White River Junction Court House renovations.   Education – will receive a status update regarding the PCB testing program and hold a committee discussion on H.716, an act relating to career and technical education. They will hold hearings on mental health conditions in schools as well.   Environment and Energy – will receive walk-throughs on the following bills: H.687, an act relating to community resilience and biodiversity protection through land use; H.549, an act relating to the siting of outdoor cannabis cultivation; H.568, an act relating to the municipal planning and resilience grant program; H.586, an act relating to the flood protection and climate resilience infrastructure financing; and H.812, an act relating to threatened and endangered species. They will spend time on the Renewable Energy Standard and look at a new reform bill draft, review off-session land use reports from Regional Planning Commissions, and review a report on the state’s Designation Programs from the Agency of Commerce and Community Development.   General and Housing – will walk-through the following bills: H.686, an act relating to measuring progress toward statewide and regional housing targets; H.647, an act relating to creating the Housing Board of Appeals; H.713, an act relating to establishing a 32-hour workweek; H.704, an act relating to disclosure of compensation in job advertisements; H.684, an act relating to creating a rental housing registry; H.675, an act relating to issuing grants for permanent supportive housing; H.756, an act relating to short-term rental occupancy requirements; H.449, an act relating to creating a short-term housing registry; H.132, an act relating to establishing a homeless bill of rights; H.764, an act relating to a study on employer-provided housing; and, H.751, an act relating to expanding equal pay protections.   Government Operations and Military Affairs – will consider an act relating to the State Ethics Commission and the State Code of Ethics and an act relating to creating a uniform Municipal Code of Ethics. They will continue testimony on H.140, an act relating to requirements for state-funded grants and contracts on Wednesday. They will close the week with a review of the Emergency Medical Services Task Force Report.   Health Care – will hold a hearing on H.721, an act relating to expanding access to Medicaid and Dr. Dynasaur followed by a walk-through and continued hearings on H.766, an act relating to prior authorization and step therapy requirements, health insurance claims, provider contracts and collection of cost sharing amounts.   Human Services – will devote the week to S.18, an act relating to banning flavored tobacco products and e-liquids.   Judiciary – will continue discussion of H.534, an act relating to retail theft. They will also receive testimony pertaining to H.645, an act relating to the expansion of approaches to restorative justice.   Transportation – will review H.479, an act relating to the Transportation Program and miscellaneous changes to acts related to transportation, and S.99, an act relating to miscellaneous changes to laws related to vehicles. They will hear various reports pertaining to public transit on Wednesday.   Ways & Means – will continue taking testimony on H.629, an act relating to changes to property tax abatement and tax sales. They will get an update on H.543, an act relating to Vermont’s adoption of the Social Work Licensure Compact. The committee will receive introductions to H.530, an act relating to increasing the property tax credit house site value exclusion, and H.593, an act relating to a tax credit for emergency responders. They will hold a Joint hearing with House Appropriations, Senate Appropriations and Senate Finance to discuss the Emergency Board Consensus Revenue Forecast, and they will hold a discussion Friday afternoon on the Corporate Tax.   Senate Committee Work   Agriculture – will receive an update on the Cannabis Control Board Report on Wednesday. They will hear an overview of H.81, an act relating to the fair repair of agricultural equipment on Wednesday. Compost, a Foodbank update and Land Conservation hearings will round out their week.  Appropriations – will spend the week working on the Budget Adjustment Act.  Economic Development, Housing and General Affairs – will devote most of the week to housing discussions, and continue to take testimony on flood recovery and public safety.  Government Operations – will continue their work on Proposition 1 – Elections; sheriffs; qualifications. They will hold a hearing on the government’s response to flood recovery on Tuesday. On Wednesday they will continue work on S.55, an act relating to authorizing public bodies to meet electronically under Vermont’s Open Meeting Law.  Judiciary – will hold a joint hearing on Wednesday pertaining to public safety. On Thursday the committee will receive a walk-through of S.209, an act relating to prohibiting unserialized firearms and unserialized firearm frames and receivers – also known as ghost guns.  Natural Resources – will receive walk-throughs of the following bills: S.218, an act relating to the staffing of the Dam Safety Division; S.219, an act relating to municipal regulation of private airstrips; S.227, an act relating to the siting of transit; S.232, an act relating to revoking Vermont’s use of California’s Clean Air Act waiver; and, S.213, an act relating to the regulation of wetlands, river corridor development, and dam safety.

The Legislature’s second week was marked by some action on two of the three key issues we highlighted in last week’s update: housing and public safety.  We got our first look at tri-partisan legislation on housing with good momentum and The House and Senate Committee on Judiciary tackled philosophical elements of penalties, deterrence, timeliness, and the integration of orthodox versus novel justice systems, all while the House passed the legal framework for Safe Injections Sites.

 

Jump into what is in this week's update: Housing unites a tri-partisan coalition around a bill  Navigating perspectives: criminal justice challenges and approval of safe injection facilities  Greenhouse gas emissions and climate resiliency  The Laundry List  Bills of Interest

 

View this week's report

 

The first few days of the 2024 session will be marked by opening addresses, reintroductions and the setting of legislative priorities. A few committees will dive right in and pick up where they left with hearings on legislation already in the works from last session. The week is likely to be dominated by hearings on the state’s response to this past summers’ flooding. Administration officials will testify in a joint meeting of the House Transportation and Energy and Environment committees, and the Senate Committee on Economic Development, Housing and General Affairs will hear stories from flood affected communities. Several bills related to flood recovery and resiliency are expected to be introduced. 

 

Note: Legislative Committee Agendas are updated frequently throughout each day. The latest committee schedule can be found on this link. A list of weekly hearings for all committees can be found here.

 

Below are new bills of interest.

 

H.610	An act relating to making home modifications for safety and livability
H.540	An act relating to the siting of tiny houses
H.530	An act relating to increasing the property tax credit housesite value exclusion

The Association and members have been busy since the end of the legislative session in May, working on the updates to Residential Building Energy Standards (RBES) and participating in several study committees related to Act 250 and housing development.

RBES -  

Vermont statute requires that RBES are updated promptly after the issuance of updated standards from the International Energy Conservation Code (IECC). To meet the latest IECC code, the Public Service Department began the process of updating Vermont’s rules regarding energy code  a year ago, with multiple opportunities for stakeholders to provide input and feedback, and a targeted effective date of fall 2023.

From the start, an engaged team* of VBRA members have been advocating and contributing from the perspective of builders.  Our basic position is this: 

·       Vermont has no building code and no state agency having jurisdiction over residential construction, therefore no inspection and no enforcement.

·       With each rewrite, the RBES code becomes more complex and intricate, with precious few resources devoted to training and no resources devoted to compliance.

·       Compliance with energy code - currently estimated to be at 54% - drops with each new code update.

·       As the compliance rates drop with each subsequent version of the code, it is unlikely that the state will be able to meet its 2030 goal of “net-zero ready construction” for all newly constructed buildings.

·       The new energy code will add an estimated $17,000 - $30,000 to the cost of new home construction. With no oversight the gap between builders who construct to code and those who do not continues to widen, creating an unfair marketplace.  

Despite expert testimony from builders, the Public Service Department forged ahead with an RBES update that met IECC code, but did not address builders’ concerns. When an agency of state government is charged with designing rules to implement and enforce the statutes passed by the Vermont Legislature, those rules must be approved and adopted by the Legislative Committee on Administrative Rules (LCAR). Made up of State Senators and Representatives,  LCAR's primary function is to ensure that the proposed rules are consistent with the intent and authority granted to the agencies by the Legislature. They review rules to make sure they comply with Vermont law and do not exceed the authority granted to the agencies, and they have the authority to approve, reject, or recommend changes to proposed rules.

Our team* testified at several LCAR meetings and, remarkably, we were successful at persuading the committee that our concerns needed further scrutiny, and they voted to delay adoption of the new RBES until July 1, 2024. We effectively argued that rule adoption should wait until a summer study committee on RBES had finished its work and submitted recommendations on how to increase compliance to the legislature. 

We are in the middle of that study committee now.  VBRA has several members appointed to the fifteen-member committee. As outlined above, our position is that RBES without underlying building code, an agency having jurisdiction and a system of inspection and enforcement will fail. Moreover, proper training is a must – without it construction under faulty building science will lead to damaged and unhealthy homes.

The RBES study committee expects to finalize its report and recommendations in the next few weeks and deliver the legislature for possible legislation.

*Many thanks to VBRA members Jim Bradley (Hayward Design Build), Jason Webster (Huntington Homes), Collin Frisbie (Sterling Homes) and Denis Bourbeau (Bourbeau Custom Homes).   A great deal of credit and special thanks also goes to Sandra Vitzthum, Architect and representative of the Vermont chapter of American Institute of Architects, and a brand new VBRA member!  This team has devoted many hours of time to committee meetings, written and in-person testimony, outreach and strategy meetings, all on behalf of the home building community in Vermont. Your membership at work!

Act 250 -

Last session’s housing bill, S.100 (Act 47), made incremental changes to municipal zoning laws that slow housing development. It also allowed more units for a project in designated areas without triggering and Act 250 permit.  

S.100 also created several study committees that could impact new legislation this upcoming session, including:

·       An evaluation and modernization project on the states Designated Area Programs, to review how well the programs are working and develop recommendations for their future, and how Act 250 figures into them.

·       A legislative study on “Necessary Updates to the Act 250 Program,” focusing on how to transition to a system in which Act 250 jurisdiction is based on location, a proposed  framework needed to create a municipal delegation process for Act 250, an assessment of the current level of staffing of the Board and District Commissions, and whether increasing jurisdictional thresholds for housing development to 25 units would affect housing affordability.

Pre-legislative session work is being done in anticipation of drafting a bill that may tackle both Act 250 and the designated area programs. Again, VBRA members are participating on these study committees, bringing the important perspective of the building trades to the table.​

State and Local Issues Fund –

The Vermont Builders and Remodelers Association is a chapter of the National Association of Home Builders. Home builder associations (HBAs) across the country face residential construction challenges that hamper the home building process and jeopardize housing affordability for all. To help HBAs overcome roadblocks, NAHB's State and Local Government Affairs Committee approves financial assistance for associations through the State and Local Issues Fund (SLIF).

VBRA submitted a grant application to NAHB with the subject of RBES as a challenge to housing affordability and an issue we would spend extensive time and resources working on. We defended our application in May and we’re happy to report that the association was granted $20,000 to assist in our advocacy effort.

Your VBRA membership includes not only access to valuable resources at the NAHB, but allows us to advocate for issues important to you in Vermont.  Please spread the word!

Sincerely,

The Vermont Builders and Remodelers Association

Severe Storm Recover Update                                    July 14, 2023   AGENCY OF COMMERCE AND COMMUNITY DEVELOPMENT View this email in your browser. Severe Storm Recovery Update July 14, 2023 Vermonters helping Vermonters in Montpelier as flood waters receded this week. Photo courtesy of Terry J Allen. Storm Response Update The State of Vermont will open Multi-Agency Resource Centers (MARCs) in Barre and Ludlow to help those affected by this week’s floods navigate the recovery process. These centers will be open from 9am-5pm daily Saturday, Sunday, and Monday, July 15-17. Additional sites will come online next week. MARC Locations: Ludlow - Community Center, 37 Main St, Ludlow Barre - BOR Arena/Barre Auditorium, 16 Auditorium Hill, Barre Storm Recovery Updates President Biden has approved Governor Phil Scott’s request for a major disaster declaration for Vermont to assist individuals and communities recover from historic flooding from July 7-12, 2023. The approval was given in under 24 hours. After the declaration was signed the U.S. Small Business Administration (SBA) released a fact sheet for Vermont disaster loans for businesses,  that details what may be available and at what interest rates. While the fact sheet includes a lot of information, we know there will be many questions.  The SBA Disaster Team will be opening offices in Vermont to work with businesses through the application process. Businesses should engage with the SBA team PRIOR to submitting an application. It is imperative that applications are fully accurate prior submission, or they will be kicked back.  ACCD will share more on the location of these in person offices and how people can access them once it is determined next week. General information on how these loans work can be found on the SBA website. The Governor today also requested that the United States Department of Agriculture (USDA) issue a disaster designation for the State of Vermont to open the availability of low-interest USDA Farm Service Agency emergency loans to farms and farmers. Resources for Restaurants The Vermont Department of Health (VDH) has issued guidance for restaurants on reopening after a flood.  VDH also released specific guidance related to reopening and operating under a boil water notice.  This guidance is part of VDH’s Food and Lodging Program. Volunteer Sign-up & Group Registration If you are looking to volunteer to support the clean-up and recovery, the state has set up a volunteer portal that allows you to register and be deployed to areas most in need.  If you are an organization with a group of volunteers looking to serve please email volunteer@vermont.gov  to register.  If you are in need of volunteers in your area please email volunteer@vermont.gov to ask for volunteers.  ACCD Flood Resource Center The ACCD resource page will be the central landing place for all information about flooding resources for businesses coming from the agency as we move further into recovery.

The end is nigh. Is the end nigh? That pretty much sums up the talk around the State House’s proverbial water cooler. Token Floor sessions on Saturday advanced the calendar, and in-person working floor sessions are happening today, Monday. The work schedule has ramped up to a “get it done” pace. Will the legislature be able to complete all its business by Friday or Saturday of this week?

There are some substantive bills left to resolve before adjournment - housing, childcare and the budget, chief among them. 

This morning, on a 20-10 vote, the Senate overrode the Governor's veto of S.5, the Affordable Heat Act which creates a performance standard and marketplace of credits for greenhouse reducing activities in the heating sector. The House is expected to follow suit. 

---------------

RBES update- S.100, the housing bill, will hit the House floor this afternoon with a number of amendments.  In particular, Rep. Mark Higley, R-Lowell will offer an amendment that pushes back any required adoption of updated RBES to July 1, 2025.

VBRA members have been very involved in the 2023 RBES updates, making recommendations to the advisory committee and participating in the public hearing process. Concerns have focused on the lack of inspection and enforcement of the codes, which leads to a lack of compliance by some builders. As the codes increase in complexity that gap in compliance will only increase. 

Currently, the Department of Public Service has presented its final rule update recommendations to the Legislative Committee on Administrative Rules (LCAR). LCAR will meet on May 25th to consider the new rules. VBRA members are scheduled to testify and have been engaged in legislative outreach.

At the same time there is language in S.100 that, if passed, would create a study committee to recommend strategies for increasing compliance with RBES and Commercial Building Energy Standards (CBES). VBRA has been named as a participant on that committee.

Though a longshot for success, Rep. Higley's amendment is intended to delay adoption of the new rules until the study committee delivers its report (on or before Dec 31, 2023) and the administrative and structural flaws present in the code are addressed. 

Housing Bill - S.100 will be on the House floor this week. The House Committee on Environment and Energy passed out S.100 out with language that slightly raises the threshold of who may appeal a municipal permit decision. Currently, "any 10 who may be any combination of voters or real property owners within a municipality" may appeal. The bill adds, "an appeal shall not include the character of the area affected if the project has a residential component that includes affordable housing." 

You can find a side-by-side comparison of the bill as it passed the Senate with the House Committee on Environment and Energy version here.

After strong advocacy from the House Rural Caucus, The Environment and Energy committee also included language that the construction of four or fewer units in an existing structure (think large old colonial being converted) located entirely within a designated center would count as one unit toward the total number of units.

Furthermore, the bill increases the Act 250 threshold to 25 units within five miles and five years in designated downtowns, neighborhood development areas, growth centers and village centers with permanent zoning and subdivision bylaws, but only until July 1, 2026. In order to secure the exemption, by June 30, 2026, a person must request and receive an Act 250 jurisdictional opinion that construction will be substantially complete by June 30, 2029. The 10/5/5 rule remains in effect outside designated areas, in other words.. the rest of the state.  

One item of promise that did not move was a plan pushed by Chittenden County municipalities, spearheaded by Mayor Miro Weinberger, in which the legislature would delegate Act 250 criteria review to local governments that adopt bylaws addressing Act 250 criteria and demonstrate the capacity to administer Act 250 locally. This "municipal delegation" would eliminate duplicative and expensive permits that cost developers time and money as an alternative to the longstanding ask of removing designated areas from jurisdiction. Instead, the bill creates a report by December 31, 2023, from the Vermont Association of Planning and Development Agencies with a proposed framework for delegating the administration of Act 250 permits to municipalities.

Other - In addition to the issues that the legislature continues to work on, the House has shelved two bills that seemingly had momentum after being passed by the Senate: S.9 – the bill permitting the Auditor’s office to examine finances of companies and organizations that do business with the state, and S.42 – the bill that would require the Vermont Pension Investment Commission to create a plan to divest Vermont’s pension plans from the fossil fuel industry by 2031. 

What to expect in Week 19 – May 8–May 12, 2023 

Note: Legislative Committee Agendas are updated frequently throughout each day. The latest committee schedule can be found on this link. A list of weekly hearings for all committees can be found here.