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Thursday, January 20, 2022

Posted By on Thu, Jan 20, 2022 at 9:29 PM

click to enlarge Amendment to Clarify Vermont's Slavery Ban Draws Support at Hearing
Dreamstime
The Vermont Statehouse
A proposed amendment to clarify the prohibition of slavery in the Vermont Constitution earned unanimous support during a public hearing in the legislature Thursday night, with speakers painting it as an important step in the fight for racial equality.

"This is going to serve as the foundation for addressing systemic racism in our state laws and institutions," said Mark Hughes, executive director of the Vermont Racial Justice Alliance, which has pushed hard for the amendment.

Vermont is often credited with being the first state in the U.S. to ban slavery. But the prohibition, enshrined in its constitution in 1777, was a partial one, applying only to people over age 21 while not protecting those "bound by law for the payment of debts, damages, fines, costs, or the like.”

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Posted By on Thu, Jan 20, 2022 at 5:43 PM

click to enlarge Partnership Promises to Fuel GlobalFoundries' Campus With Green Hydrogen (13)
Kevin McCallum ©️ Seven Days
Ken McAvey, Vice President and General Manager, Global Foundries
 A trio of prominent Vermont institutions announced a partnership Thursday to develop a carbon-free fuel source — green hydrogen — touted as vital to helping the state reach its greenhouse emission goals.

Vermont Gas Systems, the state’s largest supplier of natural gas, plans to break ground next year on a green hydrogen facility at the GlobalFoundries semiconductor plant in Essex Junction.

The pilot project, which includes research assistance from the University of Vermont, aims to create a green fuel source that can be mixed with the natural gas burned to heat buildings at the massive GlobalFoundries campus.

The utility sees the project as a crucial step to transition its fuel supply — which is mostly fossil fuel gas from Canada — to more renewable, lower carbon sources not only at GlobalFoundries but throughout its coverage area.

Vermont Gas Systems supplies natural gas to 55,000 families and businesses in Franklin, Chittenden and Addison counties, as well as renewable natural gas from farm digesters.

“This project will show the rest of the state and the world that zero-carbon thermal energy is possible,” Vermont Gas Systems President and CEO Neale Lunderville said at a press conference at UVM Thursday.

The vast majority of hydrogen is made using natural gas and coal, and is used in the petrochemical industry to make fuels and fertilizers. "Green hydrogen" describes hydrogen generated with renewable energy.

The announcement was met with skepticism in some environmental circles, however, particularly given how much energy it takes to produce hydrogen in the first place.
click to enlarge Partnership Promises to Fuel GlobalFoundries' Campus With Green Hydrogen (3)
Kevin McCallum ©️ Seven Days
Neale Lunderville, Vermont Gas Systems president and CEO
“You can’t create green hydrogen with dirty electricity,” said Chase Whiting, an attorney with the Conservation Law Foundation who focuses on clean energy.

Whiting noted that while the entities claim the project would use electricity from solar and wind, those sources provide only “a tiny fraction of the total electricity production” in the state, and their contribution is growing very slowly.

It takes a huge amount of electricity to split hydrogen from oxygen molecules in water, and GlobalFoundries’s electricity consumption will likely increase significantly in order to slightly reduce its emissions from natural gas, Whiting noted.

The only way the process could be considered “green” would be if it were done exclusively with excess renewable energy, which Whiting said is actually in short supply in the state.

GlobalFoundries officials counter that in “initial stages,” the electricity will come from Green Mountain Power’s carbon-free portfolio. Adding  solar power or being able to buy renewable energy directly from other power suppliers — something the company has requested of regulators — would increase GlobalFoundries' ability to produce green hydrogen, officials said.

To reduce its power costs, the company has asked the state Public Utilities Commission to become a “self-managed utility,” meaning it could ditch Green Mountain Power and buy power directly from suppliers like Hydro-Quebec.

Critics have argued this would effectively release Vermont's largest energy user from its obligation to help fund new renewable energy projects in the state.

The manufacturer notes that it has a long history of energy efficiency improvements and is committed to reducing its carbon footprint. This effort demonstrates that commitment, said Ken McAvey, vice president and general manager at the Essex Junction facility, known as Fab 9.

“This project is exciting for us to grow our environmental record in the state and be leaders across the country and in the semiconductor space specifically,” McAvey said.
click to enlarge Partnership Promises to Fuel GlobalFoundries' Campus With Green Hydrogen (14)
Kevin McCallum ©️ Seven Days
Sen. Patrick Leahy praised the partnership in a recorded statement.
If utility regulators reject the request to go solo, McAvey said, the company would have to “step back and look at our entire portfolio and expenses” and see how else it could move forward.

Details of the project remain limited. Lunderville said it would entail a one-megawatt electrolyzer installed at the facility. Electrolyzers use electricity to break apart water molecules into hydrogen and oxygen. The hydrogen can then be used on the site or compressed into gas and transported. He said the hydrogen could be mixed with the natural gas stream without the need for major upgrades of GlobalFoundries' heating equipment.

"So far, it's shown real promise," he said. 

In the future, green hydrogen could be used to store excess renewable energy,  helping ease some of the constraints on the power grid and opening more parts of the state to renewable energy production, he said.

Hydrogen technology is being developed to power everything from emission-free cars and buses to submarines and airplanes and long-haul trucks. Because of its energy density, some consider it to be most effective when batteries are either too heavy or not sufficiently powerful.

The technology has sharp critics. Elon Musk, founder of electric car maker Tesla, called using hydrogen to power vehicles “mind-bogglingly stupid” because of the inefficiency of using electricity to make a fuel that needs to be turned back into electricity.

While others see the technology as vital to the success of global decarbonization efforts, hydrogen-powered  passenger cars remain an expensive niche vehicle, which  just 31,000 worldwide compared to millions of electric vehicles.

The project is the first initiative of the Vermont Clean and Resilient Energy Consortium, said UVM vice president for research Kirk Dombrowski.

The state’s small size and history of collaboration make it an excellent place to innovate on clean energy, he said. UVM students are clamoring for opportunities to learn more about and advance clean energy efforts, he added.

“Our goal over the next several years is to make Vermont a leader in the clean energy space,” he said.

Sen. Patrick Leahy (D-Vt.) offered his congratulations in taped remarks played at the press conference. He said he would help bring the project to the attention of the U.S. Department of Energy.

Lunderville did not have a cost estimate for the project, but said his utility was funding it and would be seeking federal grants. 

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Wednesday, January 19, 2022

Posted By on Wed, Jan 19, 2022 at 7:50 PM

click to enlarge Vermont State Police Trooper Sues Human Rights Commission, Seven Days
Caleb Kenna
Clemmons Family Farm in 2017
A state trooper says his career was unjustly ruined by the Vermont Human Rights Commission over its finding that the Vermont State Police likely racially discriminated against Lydia Clemmons, the Black director of the historic Clemmons Family Farm in Charlotte.

In a federal lawsuit filed Tuesday, Cpl. Andrew Leise also claims that Seven Days defamed him in a June 23, 2021 news story about the commission's investigation. He's suing the newspaper, the Human Rights Commission, its executive director Bor Yang and commission chair Rep. Kevin "Coach" Christie (D-Hartford) for six counts of defamation and due process violations.

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Tuesday, January 18, 2022

Posted By on Tue, Jan 18, 2022 at 9:02 PM

click to enlarge Burlington Progs Consider Six Candidates for Council Seats
Screenshot
Attendees at the Progressive caucus
Burlington Progressives heard pitches on Tuesday from six candidates hoping to receive the party's nomination for city council races this Town Meeting Day.

More than 200 people registered for the virtual caucus, which featured uncontested races and several familiar faces. Incumbent councilors Zoraya Hightower (P-Ward 1) and Joe Magee (P-Ward 3) are hoping to be elected to another term, and longtime Prog Gene Bergman is running for the Ward 2 seat being vacated by outgoing Progressive City Council President Max Tracy.

Newcomers include Olivia Taylor in Ward 7 — an area of the New North End currently controlled by independent Councilor Ali Dieng — and Ali House, a social worker and University of Vermont senior who is running in the student-heavy Ward 8. The latter seat's current councilor, Jane Stromberg, announced last week that she won't seek another term.

Rounding out the potential Prog slate is FaRied Munarsyah, who will compete for the historically Democratic seat in Ward 5. Incumbent Councilor Chip Mason, a Democrat, is stepping down from that seat after a decade.

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Posted By on Tue, Jan 18, 2022 at 6:04 PM

click to enlarge Scott Says Budget Windfall Presents a ‘Transformative Moment’
Screenshot ©️ Seven Days
Gov. Phil Scott
Updated, 6:35 p.m.

Vermont has a rare opportunity to reverse its economic and demographic stagnation if it spends its federal pandemic windfall wisely in the coming year, Gov. Phil Scott said Tuesday.

In his annual budget address, Scott urged lawmakers to invest the state’s unprecedented budget surplus in initiatives such as workforce development, technical education and targeted tax relief intended to produce economic benefits long after the pandemic subsides.

“It is not an exaggeration to say that the opportunity before us is truly historic,” Scott said. “It’s once in a lifetime, and one I never expected to see happen. There is absolutely no doubt that the economic future of our state will be defined by what we do today.”

Scott said his $7.7 billion proposed budget represents a “transformative moment” in state history. He built on themes he outlined in his January 5 State of the State speech, including the need to strengthen an anemic state workforce. Since 2020, the state has lost 24,000 workers, many to retirement, he said, leading to reduced operating hours for some businesses.

“If we don’t work to solve this problem now, it will be there down the road in the future, and it will be much bigger and more complex,” Scott said.

He outlined several ways to tackle the problem. One is to boost the new and remote worker incentive program to attract young workers and new families to the state. The program, which reimburses people up to $7,500 in moving expenses, would be expanded to $8.5 million over three years.

“I know looking beyond our borders to recruit new Vermonters is not always a popular conversation, but it is a tool we can’t ignore,” he said.

He cited a couple who had lived in South Carolina, Matt and Jessica Bernhardt. They always wanted to move to Vermont and took advantage of the worker programs. They now live in Warren, and Matt works at a Montpelier architectural firm.

Also on tap are a variety tax relief measures for workers in the most needed fields, such as nursing and childcare. Scott outlined $50 million in tax breaks he said would lower the tax burden on workers.

Chief among them would be exempting military retirement income from state taxes. Seventy percent of military retirees are between ages 35 and 50, tax commissioner Craig Bolio said before Scott’s speech. Eliminating state income tax on their pensions would make the state a more affordable place for them to work, he said.

Under another proposal, a single preschool teacher making $18 dollars an hour would pay no Vermont income tax. Under another, young workers would enjoy write-offs on their student loan interest, he said.

Scott also proposed returning half of the $95 million surplus in the education fund to property owners to lower their tax burdens.

To ensure workers have more housing options, Scott outlined a number of proposals. These include $105 million for affordable, mixed-income housing, $25 million for the Vermont Housing Improvement Program for the renovation of run-down properties, and $15 million to build homes for middle income residents.

Key infrastructure upgrades are also coming down the pike, including $200 million in federal grant funds toward broadband, $51 million toward the installation of 100 new cell towers and $72 million more for water, sewer and stormwater infrastructure. He also proposed $216 million in greenhouse gas reduction and climate resiliency work.

To address the mental health challenges deepened by the pandemic, Scott is proposing $2 million to expand Rutland’s mobile mental health response program to four other cities, and $1 million more for suicide-prevention efforts. He’s also calling for $8 million more to strengthen prevention and recovery programs.

And while he acknowledged it’s not sexy, Scott said debt reduction is another key way to use the surplus that would benefit Vermont for years. He cited three types of debt — $22 million in transportation borrowing, $20 million in capital bonds, and $10 million in a property management fund — that he proposed paying off to save money on interest payments.

Democratic legislative leaders issued a statement expressing willingness to work with the governor on his ideas and pushed their own, including the need for $200 million to make good on a recent tentative pension deal.

“The agreement we’ve struck with our hardworking teachers and state employees will protect the public pension system and put it on a path of sustainability,” Democratic leaders wrote in a joint statement.

Scott concluded his remarks by urging lawmakers to view their work through a long-term lens.

“Let’s do our very best to make sure that every negotiation, every decision and every investment withstands the test of time and meets this extraordinary moment," he said, "because we will not get a second chance.”

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Posted By on Tue, Jan 18, 2022 at 3:48 PM

click to enlarge Don Sinex Sues Would-Be Buyers of His Rutland Estate
File: Matthew Thorsen ©️ Seven Days
Don Sinex
CityPlace Burlington developer Don Sinex is taking a New York couple to federal court for backing out of a contract to purchase his Rutland estate for $1.3 million.

According to court documents, Jeanne and Steven Quagliano signed a contract to buy Sinex’s five-bedroom, 4.5-bathroom property last June, and paid a $100,000 deposit to be held in escrow.

Two months later, however, the Quaglianos terminated the deal over concerns that Sinex, who lives in Florida, had directed people to remove items from the home that were included in the sale, court documents say. Sinex's lawsuit says that no property is missing.

"I sued the couple to recover damages because they defaulted notwithstanding a binding contract," Sinex wrote in an email to Seven Days. "This is the same action any and all aggrieved Sellers bring against buyers when the buyer defaults."

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Monday, January 17, 2022

Posted By on Mon, Jan 17, 2022 at 6:03 PM

click to enlarge Colchester Manufacturer Hazelett Strip-Casting Is Sold to an Austrian Company (2)
Courtesy of Hazelett Strip-Casting
Factory floor at Hazelett Strip-Casting in Colchester
Hazelett Strip-Casting Corp., a family business that has been manufacturing metals machinery in Colchester since 1956, has sold a controlling interest to a longtime industry contact in Austria.

Hazelett employs about 160 people in Vermont and a dozen at its subsidiaries in China and Ontario, Canada. The company manufactures huge machines that create metal parts used in products around the globe, such as cellphones, computers, appliances, automobile bodies and roofing.

Hazelett family members didn’t say how much the buyer, EBNER Group, paid to become a majority owner this month. President David Hazelett, whose grandfather Clarence Hazelett started the company, will remain in that role and as a shareholder.

The firms have worked together for years. Hazelett chose EBNER from several suitors because it'll run the business in a manner consistent with the family’s values, said Ann Cordner, David’s sister and a longtime vice president at the Colchester company.

Like Hazelett, EBNER is a fourth-generation family business that values its employees and strives to be environmentally sustainable, Cordner said.

“We will still be Hazelett, and we will be here," she said. "The whole idea is that everything will stay the same."

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Posted By on Mon, Jan 17, 2022 at 5:27 PM

click to enlarge Benning Launches LG Bid by Promising to Be a 'Cheerleader' for Vermont
Screenshot ©️ Seven Days
Sen. Joe Benning
State Sen. Joe Benning (R-Caledonia) announced his candidacy for lieutenant governor Monday, the third person in as many weeks to enter the race to replace outgoing Lt. Gov. Molly Gray as she runs for Congress.

The first Republican to enter the field said that if elected, he would use the largely ceremonial post not as a stepping stone to higher office, but to highlight the “civility and integrity” of Vermont and its people.

“It is a position that I envision as a cheerleader for the State of Vermont in trying to make our image, if you will, known not just around the United States, but indeed around the world,” Benning said.

The former Senate minority leader joins Rep. Charlie Kimbell (D-Woodstock) and Patricia Preston, executive director of Vermont Council on World Affairs, in making his campaign official. Others who’ve expressed interest in running include former Democratic representative Kitty Toll of Danville and former Democratic/Progressive lieutenant governor David Zuckerman, who served two terms before running unsuccessfully for governor in 2020.

Unlike other candidates “pontificating about what social ill they are going to attack,” Benning said that as lieutenant governor, he would recognize the inherent limitations of the job.

The LG presides over the Senate and steps into the shoes of the governor if needed. The lieutenant governor has no power over legislation except for casting rare tie-breaking votes, he noted.

“The reality of the job, though, is that I [would] have very little impact in the state Senate itself,” he said.

While he would never shy away from expressing his views on issues, Benning said, he’d shift gears from crafting legislation to being an ambassador for the state, such as attending new business openings or other events requiring the participation of a state official.

Benning stressed his strong working relationship with Gov. Phil Scott and members of his administration. He noted that he campaigned for Scott and spoke with him three weeks ago about running. He suggested voters might prefer a lieutenant governor closely aligned with the official he or she might be called upon to replace.

“If something happened to the governor where he was unable to fulfill his role, my candidacy offers about as seamless a transition as you can possibly imagine because I know all those people,” Benning said.

The defense attorney and history buff spoke with reporters and others via Zoom from his home in Lyndonville, shelves full of law books and a historic map of Vermont the wall behind him.

Benning said his next move will be starting to raise the $300,000 to $500,000 he thinks he'd need for a successful campaign.

The 65-year old senator was first elected in 2011. He acknowledged that in a primary, he could face opposition from more conservative Republicans who oppose some of his positions. This includes his support for Proposition 5, which would enshrine in the state Constitution protections for women’s reproductive rights. However, Benning said he and those voters share core Republican values: smaller government, lower taxes, a strong education system, personal responsibility and individual liberty.

Benning previously told Seven Days he was saddened that “somebody was using [the LG role] as an obvious stepping stone to someplace else,” a reference to Gray.

He declined to repeat that critique Monday. Instead he praised Gray for doing an “admirable job” of coming into a Senate “where she knew no one” and moderating the chamber during a pandemic.

“Different people have different paths to arrive at where they want to be,” he said.

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Friday, January 14, 2022

Posted By on Fri, Jan 14, 2022 at 9:15 PM

click to enlarge Redistricting Battle Kicks Off With House Spat Over Single Districts
Vermont Secretary of State
A map of single-member House districts recommended by the Legislative Apportionment Board.
The Vermont House of Representatives on Friday advanced a map that would redraw the boundaries of their legislative districts in a way more likely to keep existing members in power than one widely viewed as more disruptive to the status quo.

Lawmakers insisted the vote was merely the start of a larger conversation about how to best divvy up General Assembly districts in light of population shifts in the last decade, not a preference for one plan over another.

“This initial redistricting plan is the beginning of the process,” said Rep. John Gannon (D-Wilmington) “We are far from the end of the process.”

But the decision to kick off the effort using a map other than the one approved by the panel tasked with redrawing those lines smacked some as proof of legislative self-interest at work.

Republicans pounced on the move as proof Democrats, who hold solid majorities in both the House and Senate chambers, want to cling to power instead of embracing new districts that might upset the political applecart.

“I believe strongly this map put forward by the committee puts incumbency at the forefront rather than equality of representation,” Rep. Heidi Scheuermann (R-Stowe) said in prepared remarks read by a colleague.

As it stands now, the 150 House representatives are elected in two types of districts. There are 58 districts represented by a single member and 46 districts represented by two members.

Scheuermann noted she is the sole voice in the House for members of her district, while residents just over the line in Waterbury have two representatives, who are Democrats.
click to enlarge Redistricting Battle Kicks Off With House Spat Over Single Districts
Vermont Secretary of State
Population changes in Vermont
That’s because there are twice as many residents in the Waterbury district, which also includes Bolton, Huntington and tiny Buels Gore. But Scheuermann and others nevertheless argue that having the two types of districts amounts to “unequal representation.”

Residents of two-member districts “have two voices in the House. I have one for my constituents,” Minority Leader Pattie McCoy (R-Poultney) said.

After nearly a year of work, the Legislative Apportionment Board in November approved a map that proposed eliminating two-member House districts entirely. It also approved a Senate map with 30 single-senator districts, eliminating the multimember districts that includes Chittenden County six-member district.

Based on the 2020 U.S. Census of 643,077 residents in the state, the goal is to get each single member-district as close to 4,287 residents as possible, and each two-member district close to double that, or 8,574 residents. The goal of single-member Senate districts is to get them as close as possible to 21,435 residents each.

The new House map proposed 150 single-member districts, often by dividing the two-member districts in half and rejiggering the lines to make the resulting districts as balanced as possible.

Alburgh residents are currently represented by two House members, Republicans Leland Morgan and Michael Morgan, both of whom live in Milton, 35 miles south.

The proposed switch to single-member districts would chop the district in half, creating a northern district for Alburgh, Isle La Motte and Grand Isle, and a southern district for South Hero and Milton.

Similarly, residents of Huntington are currently represented by two Democrats, Theresa Wood and Tom Stevens, both of whom live in Waterbury, 15 miles to the east and in a different county.

Under the single-representative plan, the district would be split largely along Route 100, with Buels Gore, Huntington, Bolton and western Waterbury in one district, and eastern Waterbury, including downtown, in the second.

The new map could force incumbent representatives from the same party to run against each other to retain their seats, while opening up opportunities for new representatives from new districts.

Some existing districts have gotten significantly imbalanced over the last decade as some have gained residents while others have lost them.
click to enlarge Redistricting Battle Kicks Off With House Spat Over Single Districts
Vermont Secretary of State
Population changes in Vermont by county
The changes mean that there are now 19 House districts either at least 10 percent above or below the ideal number; six of those are more than 20 percent out of whack.

For example, Rep. John Killacky’s (D-South Burlington) district has grown by 30 percent in the last decade, while the population in McCoy’s district fell by 21 percent. These shifts within existing districts create the need for boundaries to be adjusted every 10 years.

It’s tedious work, Tom Little, chair of the apportionment board, told lawmakers earlier this week.

“Every time you adjust a district line, you adjust a district line for two districts — the one you’re looking at and the one next door,” Little said.

This can have a “potential ripple or domino effect” on surrounding districts that invariably “are not going to make everyone happy.”

The apportionment board met 30 times in 2021 before delivering its final report to the legislature after a 4-3 vote.

Some fault the board’s partisan structure for its inability to reach consensus.  The seven-member body is composed of a chair, Little, appointed by the chief justice of the Vermont Supreme Court; three citizens appointed by the Democratic, Republican and Progressive parties; and three citizens appointed from each of those parties by Gov. Phil Scott.

Rep. Katherine Sims (D-Craftsbury) thinks the process is flawed for two reasons. The first is that the apportionment board puts a huge amount of work into making a recommendation, and then that recommendation has historically never been adopted by the General Assembly.

“At the very least, it’s a waste of the BLA’s time and energy,” Sims said.

The bigger problem, Sims said, is that “the incumbents have the last say in the process.”

She’s introduced a bill that would require the apportionment board to explore other models and issue a report to the legislature about how the 2022 process could be improved. Some states have redistricting commissions that take the work out of the hands of lawmakers.

In response to criticism from colleagues, Gannon stressed that a shortened timeline had forced a change in procedure. The 2020 Census figures came in five months late, preventing the apportionment board from finishing its work in August, which would have given lawmakers time to hold public hearings in the fall.

Those House hearings, as well as feedback from local boards on both plans, will still take place in coming weeks — virtually, most likely, due to the pandemic, he said.

The districts need to be set by April 1 so candidates know what seats they can run for in time for the August primaries and the November general election, Chris Winters, deputy secretary of state, told lawmakers.

Gannon said the only goal of floating the alternative plan is to ensure cities and towns have time to weigh in on both plans in time.

"All we’re trying to do in this process is ensure we have the maximum amount of information so we can make the best, appropriate decision,” Gannon said.

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Posted By on Fri, Jan 14, 2022 at 5:15 PM

click to enlarge Vermont Supreme Court Upholds Order to Close Slate Ridge Gun Range (2)
Sonnenbergshots | Dreamstime
A gun range
The Vermont Supreme Court affirmed a lower court's order that Daniel Banyai must shut down his unpermitted firearms training compound in West Pawlet, where he has been accused of intimidating neighbors.

Justices also upheld a $46,600 civil fine that the lower court had imposed on Banyai in March 2021.

Banyai has operated a tactical firearms "school," which he dubbed Slate Ridge, on his wooded property for several years. During that time, he's published anti-government statements, aligned himself with the far-right militia movement, and sent threatening messages to neighbors and local officials, a VTDigger.org investigation in 2020 revealed. He built and advertised the compound even as he faced felony firearms charges in New York State, which prevented him from legally possessing guns in that state.

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