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Friday, March 26, 2021

Posted By on Fri, Mar 26, 2021 at 6:43 PM

Housing Bill Advances Despite Water Pollution Concerns
Kevin McCallum ©️ Seven Days
A sign in Vergennes after a storm in 2019.
Vermont senators advanced a bill Friday to encourage the construction of more affordable housing over the objections of water quality advocates who say it will increase the amount of untreated wastewater flushed into waterways during rainstorms.

Lawmakers have been deluged in recent weeks with concerns from environmental groups and residents who worry that streamlining wastewater permits for new housing projects would only further pollute the state’s streams, rivers and lakes.

One of the most controversial provisions of the bill would delegate the state's authority to issue new water and wastewater permits to municipalities, replacing the current “redundant and costly” system, Senate President Pro Tempore Becca Balint (D-Windham) said.

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Thursday, February 4, 2021

Posted By on Thu, Feb 4, 2021 at 2:42 PM

click to enlarge Vermont Senate Blocks Governor's Act 250 Reform Order
TIM NEWCOMB ©️ Seven Days
The Vermont Senate on Thursday blocked Gov. Phil Scott’s executive order that would reform how land-use permits are issued under Act 250.

The 22-8 vote by the full Senate follows the Natural Resources and Energy Committee's unanimous vote to reject the order last week.

Scott’s January 14 order sought to shift decision-making power from the nine district commissions that currently review development applications to a professional, statewide Natural Resources Board. 

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Friday, January 29, 2021

Posted By on Fri, Jan 29, 2021 at 1:21 PM

click to enlarge Senate Committee Votes to Reject Scott's Act 250 Executive Order
Screenshot ©️ Seven Days
Senate Natural Resources and Energy Committee
Updated 3:35 p.m.

A Senate committee voted unanimously Friday to reject Gov. Phil Scott’s executive order to reform the administration of Act 250 following scathing testimony from one witness about the governor's motives.

Scott’s January 14 order sought to streamline the administration of the land-use law by creating a statewide board to decide major projects, taking the place of the nine district commissions that do so now.

The Senate Natural Resources & Energy Committee voted 5-0 to block the order, setting up a vote by the full Senate next week.

Sen. Mark MacDonald (D-Orange) said he was surprised the Scott administration had pushed to reform the law through executive fiat, lamenting the governor’s “take or leave it” approach.

“I would vote to leave it, and hope that the next time the governor proposes an executive order it’s because a consensus has been reached,” MacDonald said.

Scott's spokesperson, Jason Maulucci, asked how many witnesses who support the governor's order had been invited to testify.

"The Administration's position on the Governor's initiative itself is that we appreciate the Legislature's willingness to continue this important discussion and we hope to convince them of the merits of the proposal," Maulucci said in a statement.

The Senate committee passed a resolution that presumes only one chamber of the General Assembly needs to reject the order to block it, which is a point of legal contention. Scott claims rejection by both chambers of the General Assembly would be required to block his order, though that’s not how state law reads.

He argues the state law unconstitutionally limits his executive authority and federal caselaw backs him up. The Senate resolution sidesteps that constitutional argument.

Even Sen. Richard Westman (R-Lamoille) voted to reject his fellow Republican's executive order. He stressed that he hoped lawmakers would solicit a wider range of testimony on Act 250 in the future.

“There are a lot of people who would like to testify on this issue,” Westman said, “way beyond the number that we have had in.”

The highlight of the morning’s testimony was Ed Stanak, a Barre Progressive and longtime Act 250 district coordinator, who said Scott’s reform efforts were misguided. He noted that Scott’s objections to the law stem from Scott's attempt to open a motorcycle shop in Morrisville 40 years ago.

“Scott claims that unreasonable delays in obtaining an Act 250 permit subsequently forced him to abandon his business proposal, and he has been hellbent on reforming Act 250 ever since,” Stanak said.

In fact, the record from 1983 shows Scott’s development partner started construction without permits, never completed the Act 250 review and withdrew the application four years later. Scott has since used this “tale of woe” in stump speeches and has publicly said the failed project changed his life, Stanak testified.

“The misplaced bitterness of a young businessman became a pillar upon which a political career has been built, and continues to this day,” Stanak said.

Scott's executive order would destroy the time-tested Act 250 district commission process through “brazen political power” based on Scott’s “imagined understanding of the Act 250 process."

Scott has argued that a more professional, consolidated permit process would provide developers with a more predictable, less expensive and protracted review process that still protects the environment.

Julie Moore, the secretary of the Agency of Natural Resources and the administration’s chief advocate for Act 250 reform, said she was disappointed by the committee’s action.

“The remote environment we are all working in is clearly challenging, and made harder when legislative committees are unable to provide a complete picture of their days’ planned work,” Moore said.

She declined to comment on Stanak's charaterizations.

Sen. Chris Bray (D-Addison), said while Stanak’s "personal interpretations" of the governor's thinking made him “a little uncomfortable,” he praised his committee for “handling a sensitive matter with finesse.”

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Thursday, January 21, 2021

Posted By on Thu, Jan 21, 2021 at 2:24 PM

Scott's Executive Order to Update Act 250 Draws Fire
Tim Newcomb
Gov. Phil Scott’s latest plan to update the state’s 50-year-old land-use law has quickly run into legislative and legal resistance.

Scott issued an executive order last week shifting power from the nine volunteer district commissions that administer Act 250’s development regulations to a single, professional statewide board.

“We can and must protect our environment and support regional economic development reliant on vibrant downtowns and village centers,” Scott said in a press release. “That’s our focus in this work, because we cannot achieve these goals with the outdated and cumbersome administrative structure we have today.”

Passed in 1970 in response to unchecked growth that followed completion of interstate highways, Act 250 established statewide standards even while setting up district commissions to retain local control. Today, critics contend that the decentralized model creates inconsistency in its administration and duplication of effort when local decisions on large projects are inevitably appealed.

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Monday, December 21, 2020

Posted By on Mon, Dec 21, 2020 at 5:44 PM

Vermont Is Not Joining the Transportation and Climate Initiative
Transportation Climate Initiative
Accelerating the adoption of electric vehicles is one goal of the Transportation Climate Initiative.
Gov. Phil Scott is not yet ready to sign Vermont up for a multi-state agreement to cap greenhouse gas emissions from transportation, despite it being a decade in development.

Officials in Massachusetts, Connecticut, Rhode Island and Washington, D.C., on Monday pledged to join the regional compact known as the Transportation and Climate Initiative.

Eight states in the Northeast and mid-Atlantic area, including Vermont, signed a related document pledging to stay involved in the planning process but opting not to join the program at this time.

Scott has long expressed concern that the agreement would force Vermonters to pay more for gas, which has only deepened during the pandemic, said Peter Walke, commissioner of the Department of Environmental Conservation, who has represented Vermont in TCI discussions.

Scott also wants to monitor initiatives by the incoming administration in Washington and the work of the new Vermont Climate Council before committing to the compact as it is now structured, Walke said.

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Thursday, December 3, 2020

Posted By on Thu, Dec 3, 2020 at 1:17 PM

Attorney General Says He Would Vigorously Defend New Climate Law
File: JEB WALLACE-BRODEAUR
Vermont Attorney General T.J. Donovan
Vermont Attorney General T.J. Donovan says he would defend the constitutionality of a key piece of climate legislation if the governor makes good on his threat to sue to block the law.

Donovan said the Global Warming Solutions Act that was passed this year over a veto by Gov. Phil Scott is constitutional, despite Scott's claim to the contrary.

The escalation in the war of words over the controversial law could lead to a rare court standoff between the Republican governor and the Democratic attorney general.

“The Global Warming Solutions Act is constitutional and good policy,” Donovan said in a press release. “Vermont should be a leader in addressing global warming and should do what we can to meet our climate goals. There is nothing wrong with holding government accountable to the will of its people.”

Scott argued in his veto message and through administration officials that the legislature overstepped its authority by handing responsibility for crafting the state’s climate plan over to a 23-member Vermont Climate Council.

The panel held its first meeting last month, and its chair, Administration Secretary Susanne Young, reiterated her boss’s concerns. “If we cannot work out our differences and our concerns with the legislature, we may have no choice except to ask for clarity from the judicial branch,” Young said.

But in a letter to Jaye Johnson, Scott’s general counsel, Deputy Attorney General Joshua Diamond said claims of illegality “are without merit.”

Scott has argued that the legislature improperly delegated its authority to the climate panel. A court would likely find the law contains “sufficient policy standard and guidance to pass constitutional muster,” Diamond wrote.

Diamond takes an equally dim view of the Scott’s claim that the Climate Council encroaches on his executive powers. While 15 members of the council are appointed by the legislature, Diamond notes that it will be up to Scott's Agency of Natural Resources to implement the greenhouse gas emission reductions called for in the plan.

The law redefines Vermont's emission goals as mandates, requiring the state to make good on its various climate pledges. The state now must find a way to reduce carbon pollution to 26 percent below 2005 levels by 2025 and to hit more stringent benchmarks by 2030 and 2050. If it gets off track, as it is now, a judge could compel more aggressive action and regulations.

“Please know that if the Scott Administration decides to mount a constitutional challenge, the AGO will aggressively and dutifully defend [the law] and Vermont’s historic effort to combat global warming,” Diamond wrote.

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Tuesday, November 17, 2020

Posted By on Tue, Nov 17, 2020 at 4:00 PM

click to enlarge Drought Disaster Declared for 10 Vermont Counties
U.S. Department of Agriculture
The feds designated the 10 counties in red a disaster area. Farmers in adjoining counties (orange) are also eligible for aid.
Federal officials have declared 10 counties in Vermont to be a natural disaster area due to the 2020 drought — a decision that allows farmers who lost crops to lack of rainfall to apply for disaster aid.

The counties are Addison, Bennington, Chittenden, Washington, Rutland, Windham, Windsor, Orange, Essex and Caledonia. Under federal law, the adjoining counties are also eligible for aid, meaning that farmers in all of Vermont and certain counties in New York, Massachusetts and New Hampshire will also qualify for aid over the next eight months.

Vermont farmers estimated at least $27 million in crop losses due to the drought. Corn and hay yields were down by as much as 75 percent, steams and farm ponds ran dry, and farmers were forced to haul water and feed animals harvested hay when pastures dried up. In Ferrisburgh, farmer Erik Andrus lost acres of rice that he'd planted.

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Thursday, September 24, 2020

Posted By on Thu, Sep 24, 2020 at 10:17 PM

click to enlarge Vermont Moves Toward Banning Endangered Animal Parts
Svetlana Foote | Dreamstime.com
Some items made from ivory tusks would be banned.
A ban on the sale of endangered species parts appears headed for final approval by lawmakers this week despite strong objections from those who say it unfairly renders some Vermonters' antiques worthless.

The Senate on Thursday advanced the bill, H.99, on a vote of 25-5, virtually ensuring that it would receive final passage on Friday before heading to the governor's desk. The House passed the bill last week.

The vote followed a vigorous debate that pitted lawmakers who want Vermont to join 11 other states with bans against senators who feel the bill is an overreach that would do little to save the species it seeks to protect.

“This bill is about supply and demand,” Sen. Alison Clarkson (D-Windsor) told her colleagues. “By reducing demand for items made of endangered species parts, Vermont will play a small but significant part in helping many endangered species survive.”

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Tuesday, September 22, 2020

Posted By on Tue, Sep 22, 2020 at 3:17 PM

Lawmakers Override Scott's Veto of Global Warming Solutions Act
Colin Flanders ©️ Seven Days
Climate activists in the legislature earlier this year
Lawmakers forced a contentious climate bill into law over the objections of the governor Tuesday, a move meant to ensure the state meets its aggressive greenhouse gas emission reduction goals.

The Senate voted 22-8 to override Gov. Phil Scott’ veto of H.688, the Global Warming Solutions Act, enough to win the two-thirds approval needed in the chamber. The House did the same last week with a 103-47 vote.

Unlike House members, however, senators chose not to debate the merits of the override, instead moving straight to a vote without comment.

The vote is the second successful veto override of the extended legislative session. The first was when the legislature overturned Scott's veto of an increase in the minimum wage in February.

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Thursday, September 17, 2020

Posted By on Thu, Sep 17, 2020 at 6:04 PM

click to enlarge Vermont House Votes to Override Scott's Veto of Climate Bill
File: Jeb Wallace-Brodeur
House Speaker Mitzi Johnson (D-South Hero)
After hearing impassioned testimony from its members, the Vermont House voted Thursday to override Gov. Phil Scott's veto of the Global Warming Solutions Act.

The final tally was 103-47, surpassing the 100 votes needed for a veto override in the House. The Senate is virtually assured to do the same in the coming days, meaning the bill, H.688, will soon become the law of the land.

“A vision without a plan is a hallucination,” Rep. Tim Briglin (D-Thetford), a bill sponsor and chair of the House Energy and Technology Committee, said after the vote. “H.688 moves us from aspiration to accountability.”

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