Legislative Update - April 23, 2023

Before we dive into this week's update we need to get something unfortunate out of the way. Last week we had reported that the House had gutted the "check-back" provision in S.5 that requires the Public Utility Commission (PUC) to bring the Clean Heat Standard rules back to the legislature for a vote. This was in fact incorrect. The provision in question had been added in the Senate, not by the House Environment & Energy Committee as we had indicated. Our reporter on the bill didn't catch that provision until the walk-through in that Committee and didn't realize it was in the underlying bill, not the amendment being offered by the Committee. Our apologies for this mistake.

That being said, the provision in question is still concerning because it could potentially allow the PUC to skirt the "check-back" provision in the bill. The House did offer an amendment on the floor in an attempt to address this, but we will encourage legislators to strengthen the check-back provision and limit workarounds.

The bill creating the Clean Heat Standard (S.5) passed the House this week 98-46, two votes shy of a veto override. The bill now moves back to the Senate to see if they will agree with the (relatively minor) House changes or if a Committee of Conference will be called for. The Senate was one vote short of being able to sustain an override when they voted on the bill back in March.

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Housing Opportunities for Everyone (S.100) - April 18-21, 2023

On Tuesday, the housing bill, S.100, was moved to the House Environment & Energy Committee on the House floor.

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Oversight of Independent Schools (H.483) - April 21, 2023

On Friday, Oliver Olsen (Former Chair, State Board of Education) joined the Senate Education Committee to speak on H.483 as a parent, former legislator, and community member from Southern Vermont. During his tenure, he oversaw the “significant effort” of updating the rules governing the approval of independent schools.

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Clean Heat Standard (S.5) - House Floor Vote

The bill creating a carbon-pricing scheme, known as the Clean Heat Standard (CHS), reached the House floor on Thursday. Representative Sibilia presented the bill on behalf of the Environment & Energy Committee.

She described the bill as having the Public Utility Commission (PUC) develop the marketplace and rules for implementing the CHS. They will provide the 2025 legislature and Governor with the rules to implement the CHS. That is “all we are voting on today,” she claimed. She continued that “a yes vote today will not increase the cost of Vermonter’s fuel or protect the cost. We are not voting on those things today. We are voting on those things in 2025.”

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Responsibilities of the Department of Health Access (H.206) - April 20, 2023

The Senate Health and Welfare Committee heard testimonies on Thursday from various entities concerning H.206. The bill relates to the duties of the Department Vermont Health Access (DVHA), which was initially created in the House Health Care Committee back in February. Subsequently, reviewed by the House Appropriations Committee and then passed House sent to the Senate.

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Oversight Independent of Schools (H.483) - April 20, 2023

On Thursday, the Senate Education Committee heard from Heather Bouchey (Interim Secretary, Agency of Education) and Chris Kane (Interim State Director of Special Education, Agency of Education) on H.483. Bouchey stressed the nature of public process and 2200 rulemaking stakeholder engagement. She believed this needed to be “implemented and experienced” as independent schools engage with that newly developed process.

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Next Steps on Ethics (H.125) - April 20, 2023

Christina Sivret (Executive Director, Vermont Ethics Commission) joined the Senate Government Operations Committee to discuss a provision they wanted added to H.125. The underlying bill delt with boards and Commissions, but the Committee had previously indicated that this was a good vehicle for the language she was looking for.

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Divestment of State Pension Funds (S.42) - April 19, 2023

Bill McKibben from Third Act joined the House Government Operations Committee on Wednesday to discuss S.42. He noted divestment started here in Vermont years ago. Third Act was founded by McKibben, who wrote the "original book" about global warming. In LA Times and companies knew, all the way back in the 1980s, about the impact of fossil fuels and "lied about what fossil fuels can do to the environment," he claimed.

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Oversight Independent of Schools (H.483) - April 19, 2023

Chairman Campion welcomed Jay Badams (Superintendent, Norwich/Hanover Interstate School District ) to the Senate Education Committee on Wednesday, saying they wanted to know about the “whether there is ever any admissions process in our public schools.” He described H.483 as asking for “a kind of open enrollment where public dollars follow kids to whatever school they want.” He added that he thinks that is happening now in a lot of schools.

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Clean Heat Standard (S.5) - April 18, 2023

On Tuesday, Representative Sibilia gave the Committee the history leading up to the S.5.

  • In 2016, Governor Scott joined other states in committing Vermont to meeting goals of the Paris Climate Accords.
  • In 2020, Vermont passed Global Warming Solutions Act (GWSA). The GWSA sets the mandates for greenhouse gas reductions, established the Climate Council to come up with the Climate Action Plan (CAP). The Clean Heat Standard (CHS) is the primary thermal sector solution for the CAP.

Sibilia claimed that Vermonters wanted them to act on climate, citing a poll that says 76% support climate action.

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