LEGISLATIVE UPDATE June 15, 2020

LEGISLATIVE UPDATE June 15, 2020

LEGISLATIVE UPDATE June 15, 2020

As we maneuver these very challenging times, I will continue to provide you with the most current information that I have, but please realize that things are changing very rapidly. Please stay informed and safe.
*jane
WEEK 23 
Last Friday, the House passed S-350, An act relating to creating emergency economic recovery grants. This bill came over from the Senate in response to the Governor’s 2 Phase $400 million stimulus plan that was introduced 4 weeks ago.
S-350 is $93 million in direct grants to businesses, VHCB, and Economic Development organizations. Here is a breakdown of S-350:
  • $50 million of Coronavirus Emergency Economic Recovery Grants distributed to businesses by the Department of Taxes and Agency of Commerce and Community Development.
  • $20 million to local, regional, and State economic development organizations to distribute grants under the program, which may include the Vermont Economic Development Authority, regional development corporations, community action agencies, and private institutions.
  • $23 million to the Vermont Housing and Conservation Board for grants to nonprofit housing partners and service organizations as well as for shelter facilities necessary to provide self-shelter and assistance for persons who are, or at risk of, experiencing homelessness, in order to mitigate COVID-19 effects.
As you can see the Senate and House bill, S-350, is significantly less than what was proposed by the Governor. In his press conference last Friday, the Governor stressed the fact that businesses are in crisis mode and they need financial help immediately. The Governor was disappointed with S-350 but indicated that he would not veto the bill. “We’ll take what we can get.”
The $50 million that the Governor proposed for dairy is not part of S-350. The Senate passed S-351An act relating to providing financial relief assistance to the agricultural community due to the COVID-19 public health emergency last Friday, which contains money for dairy. I will go into more detail on S-351, in the Senate and House Agriculture committee updates.
SCHOOLS TO OPEN IN THE FALL
Last Wednesday, the Governor and Secretary of Education Dan French announced that K-12 schools will open for in-person instruction in the fall. The Agency of Education will provide guidance for schools and parents as to logistics of the opening of schools. It is anticipated that students and staff will undergo a health questionnaire and temperature checks every day, and the state will prepare alternatives for remote learning if schools need to close.
RESTART INFORMATION
INCLUDED IN THIS UPDATE 
  • HOUSE AND SENATE AGRICULTURAL COMMITTEES
    • S-351
    • H-656
  • CFAP DIRECT PAYMENT FOR DAIRY PRODUCERS
  • ACT 250
  • UPDATE BOB GRAY AND MIKE OSCAR
  • COVID-19 TESTING OPPORTUNITIES
  • UPDATE VRGA
  • RESOURCES
HOUSE AND SENATE AGRICULTURAL COMMITTEES
The Senate Ag committee passed S-351, which then went to the full the Senate where it passed last Friday. As I said last week, the amount allotted to dairy was significantly less than what the Governor had proposed. S-351 will go to the House Ag committee, where their dairy stimulus bill is now in-House Appropriations. The House has requested the full $50 million. Senate came up with the following:
  • Small farmup to $14,500
  • Certified small farmup to $29,00
  • MFOup to $55,000
  • LFOup to $100,000
APPROPRIATIONS SUMMARY
  • Dairy Farmer Assistance Program $22,800,000
  • Dairy Farm / Milk Producers $19,000,000
  • Dairy Processors $3,800,000
  • Agricultural Producer and Processor $7,000,000
  • Assistance Program Vermont Housing and Conservation Board $192,000
  • TOTAL APPROPRIATIONS $29,992,000
To qualify for assistance under this section, a milk producer or dairy processor shall:
  • be currently producing milk or dairy products.
  • be in good standing-no final enforcement violation or grant violation pending.
  • accurately demonstrate to AAFM economic harm that occurred or accrued on or after March 1, 2020 and before December 1, 2020 by providing evidence of losses or expenses caused by the COVID-19 public health emergency.
The House Ag committee’s bill has $50 million just for the dairy industry, producers, and processors, including goat and sheep. The House bill includes the following language:
  • be domiciled or have its primary place of business in Vermont;
  • be currently producing milk or dairy products; and
  • accurately demonstrate to the Secretary economic harm that occurred or accrued on or after March 1, 2020 and before December 1, 2020 by providing evidence of losses or expenses related to the costs of business disruption caused by the COVID-19 public health emergency.
A milk producer may elect to have its economic harm determined by calculating the difference between what the producer was paid for milk produced between March 1, 2020 and December 1, 2020 and the price that the producer would have been paid if the price for milk remained at the statistical uniform price of $18.13 per hundredweight for the Middlebury location in January of 2020, or the milk producer may enter its own verifiable average price for March through December 2020 and calculate the difference to its own verifiable average price for January 2020 as well as added costs or expenses related to the COVID-19 public health emergency.
  • Small farms shall receive up to $42,500.00.
  • Certified small farms shall receive up to $60,000.00.
  • Medium farms shall receive up to $90,000.00.
  • Large farms shall receive up to $110,000.00
Dairy Processors
  • Dairy processors that process less than 500 pounds of milk per day shall receive up to $56,500.00.
  • Dairy processors that process from 500 to 9,999 pounds of milk per day shall receive up to $70,000.00. –
  • Dairy processors that process from 10,000 to 49,999 pounds of milk per day shall receive up to $97,000.00.
  • Dairy processors that process from 50,000 pounds or more of milk per day shall receive up to $127,000.00.
As I said, the House bill is in House Appropriations; I will be honest: I do not think that House Appropriations will approve the $50 million. I think that, in the end, the Senate Ag bill will be what is approved by the legislature for the dairy industry.
H-656 An act relating to miscellaneous agricultural subjects
This bill, when it passed out of the House, contained 24 different sections, that included everything from Ecosystem Services, feral pigs, commercial feed, weights and measures and hemp language, most being technical corrections. The bill then went to the Senate Ag committee where it has sat for several weeks. The Senate Ag committee has added two more sections to the bill.  They include:
  • Vermont Housing and Conservation Board (VHCB), is appropriated $192,000.00 to provide business, financial, and mental health assistance to farm and food businesses that suffered losses or expenses due to business interruptions caused by the COVID-19 public health emergency. Consulting services shall include information and assistance with accessing federal and State COVID-19 relief funds, access to additional markets, diversification of income streams, access to mental health services, and other assistance farm and food businesses may require to address or recover from business interruption caused by the COVID-19 public health emergency.
  • DEPARTMENT OF FINANCIAL REGULATION shall report back to the General Assembly with an OVERSIGHT OF MILK PRICING IN VERMONT
    • Findings. The General Assembly finds that:
    • the price dairy farmers are paid for milk is set under a federal milk market order that establishes the price of milk based on the class of milk, commodity pricing, and location of producers, among other factors.
    • most dairy farmers in Vermont receive payment under the federal milk market order through the two remaining membership-based dairy cooperatives, both of which levy costs, assessments, or surcharges on dairy farmers, thereby further reducing net payment of dairy farmers for their milk;
    • as a result of pricing under the milk market order and assessments and other charges levied by cooperatives, the final price that dairy farmers receive for their product is significantly less than the costs of production.
    • because of the prolonged downturn in the prices dairy farmers have received, almost all dairy farms are suffering, and many ultimately will close if the economic reality of dairy farming does not change; and
    • before Vermont loses a substantial portion of its dairy farming community, a State agency with expertise in financial regulation and fair pricing should review the milk pricing system for dairy farmers in Vermont to collect data on the long-term sustainability and fairness to the Vermont dairy farming community of the federal milk market order pricing system as distributed by dairy cooperatives.
The report of the Commissioner of Financial Regulation shall include:
  • an evaluation of the long-term sustainability of dairy farming in Vermont under the current conditions; and
  • recommendations, if any, for revising dairy pricing in the State to improve the future viability of dairy farming in the State.
The Senate and House Agriculture committees will have to agree on the language in H-656 for it to move forward. The House Ag committee has indicated that they may not support the new sections from the Senate.
CFAP DIRECT PAYMENT FOR DAIRY PRODUCERS
Reminder
If you have not applied for the CFAP, you can call your FSA and sign up over the phone. Applications can be submitted electronically by scanning, emailing, or faxing. Please call your office prior to sending applications electronically. A CFAP Call Center is available for producers who would like additional one-on-one support with the CFAP application process. Please call 877-508-8364 to speak directly with a USDA employee ready to help. As of June 8, 2020, there was $832,948.05 disbursed to 80 producers.
ACT 250
The Senate Natural Resources committee has been taking testimony of H-926 the Act 250 bill. The committee is focusing on certain parts of the bill:
    • Act 250 Trails Provisions
    • Act 250 Forest Block and Habitat Corridor Provision
    • Act 250 Development Provision
    • River Corridor Provisions
    • Act 250 Forest Fragmentation
The committee is considering adding language to S. 237 – An act relating to promoting affordable housing, that incorporates the above provisions that are in Act 250. Senate Natural will be meeting this week to discuss these changes. You can find the schedule on Senate Natural Resources home page.
Update from Bob Gray and Mike Oscar Lobbyist for Northeast Dairy Farmers Cooperatives 
Agri-Mark, Inc. – Dairy Farmers of America Northeast Council — Upstate Niagara Cooperative, Inc.
Update on Coronavirus Food Assistance Program Payments
By Bob Gray
So far, USDA’s Farm Service Agency (FSA) has paid out $1.4 Billion out of the $16 Billion in CFAP direct payments that were funded in the last Stimulus Bill. Those payments were as of last Monday. They included:
  • $337 Million to dairy
  • $676 Million to livestock producers
  • $365 Million to corn and soybean producers
  • $25 Million to specialty crops, including fruits and vegetables.
Some members of Congress from major fruit and vegetable producing states such as California and Florida have complained that not enough monies have gone to their farmers. Also, some farmers are saying the checks aren’t getting out the door fast enough. However, keep in mind local FSA offices are hobbled by the COVID-19 restrictions and many employees are teleworking. So, it is a difficult situation.
 
COVID-19 Stimulus IV
By Mike Oscar
The timing of the next stimulus package is still up in the air, and it appears that the bill could be worked out before the August recess. The payments of $600 a week, currently due to expire July 31, were discussed at a hearing of the Senate Finance Committee on Tuesday. Republicans have argued that the need to stabilize the economy; however, this month’s jobs report indicated that 2.5 million jobs were created in May, and the unemployment rate declined when it was expected to jump. A spokesperson for Senator Chuck Grassley on the Senate Finance Committee stated that data “underscores why Congress should take a thoughtful approach and not rush to pass expensive legislation paid for with more debt.” The President said last week he’ll ask Congress to pass more economic stimulus, including a payroll tax cut. The White House is looking to spend as much as $1 trillion, a figure that is said to have backing from Senate Majority Leader Mitch McConnell. A growing number of Senators want to slow down acting on the next stimulus package to let the existing funding, in the previous stimulus bills, have time to work their way through the economy. The U.S. is on track for its biggest budget deficits since World War II, but most economists say the recovery is still too fragile for government support to be withdrawn, and some GOP members agree with that assessment.
The U.S. Deficit
By Mike Oscar
Per the Congressional Budget Office (CBO), “the U.S. federal deficit was $424 billion in May as revenue shrunk and officials spent stimulus funds. Receipts totaled $175 billion in May, compared to $232 billion in May 2019. Lost wages and stimulus tax deferrals both contributed to the decrease. Outlays totaled $598 billion, compared to $440 billion in May 2019. In total, the May 2019 deficit was $208 billion.” The federal budget deficit was about $1.9 trillion in the first 8 months of fiscal year 2020, CBO estimates $1.2 trillion more than the deficit recorded during the same period last year.
COVID-19 TESTING
The Health Department has organized testing for Vermonters. Anyone without symptoms can now be tested at a pop-up location. Health care workers, first responders, and childcare providers are encouraged to get tested. People who are returning to Vermont, and who are at day 7 or later in their quarantine period, can also be tested. Go to the https://www.healthvermont.gov/response/coronavirus-covid-19
FROM VERMONT RETAIL AND GROCERS ASSOCIATION
Plastic Bag Ban and Food Waste Law Goes into Effect July 1 
The laws that will ban the use of plastic bags, expanded polystyrene, and require customers to request a straw and require the elimination of food waste from all businesses and residence trash will go into effect on Wednesday, July 1, 2020.
Plastic Bag Ban 
VRGA President Erin Sigrist and members spoke with Department of Environmental Conservation Commissioner Peter Walke and staff on Wednesday to discuss the diminishing supply of paper bags across the country and identify the potential for the Department of Environmental Conservation to work with retailers that are showing they are making an effort to comply with the law. Unfortunately, DEC believes that legislative change is needed in order to provide any leeway for retailers.
Requests to push the effective date back or provide leeway for retailers have been largely ignored by the chairs of the House and Senate Natural Resources Committees.
As reported on our call with DEC:
  • Some businesses that have been preparing for this ban since the end of 2019 are facing a 6-month wait period before they will receive their bags.
  • Smaller retailers have just started to feel the pinch of the supply, and I anticipate more calls in the next 2 weeks about what options are available to retailers as they try to provide some type of carryout bag to those customers who have not brought a reusable bag.
  • Due to the high sales volume at retail due to Covid-19, the surplus inventory of paper bags has been exhausted. These items are on allocation from producers to wholesalers and from wholesale to retail.
  • The pandemic has forced retailers to use much of their supply of paper and/or plastic that would have been used over the next 6 months in the event that customers do not bring a reusable bag.
At this time, the ban on plastic bags will take effect on July 1. The law does state that retailers may continue to use plastic bags that were purchased prior to May 15, 2019. Paper bag usage is still allowed, but retailers are required to charge at least 10 cents for paper bags over 10 inches tall.
Composting/Elimination of Food Waste 
Act 148 passed in 2012 will reach full enforcement on July 1, requiring that all businesses and residences in Vermont will be required to eliminate food waste and organics from the trash. VRGA President Erin Sigrist testified in front of the House Natural Resources Committee on April 7, requesting that the effective date for organics collection from retailers be postponed at least 6 months and potentially up to 1 year after hearing from members that the implementation is expensive and priorities have shifted to employee safety during the COVID-19 pandemic. The committee took testimony from various solid waste haulers and VRGA.
The Senate has passed a provision in S.227 that would eliminate the requirement of waste haulers to collect food waste during COVID-19 if they can prove the collection is a threat to the safety of the hauler. No support for retail was provided. The House has yet to approve the change.
RESOURCES
FROM THE AGENCY OF AGRICULTURE 
The Agency of Ag is also requesting information related to influences on the ag and food industry so that they can help leadership form a tactical response to the impacts of the virus. Please share this form broadly, and encourage your contacts to share their impacts. This information will be shared with other state and federal partners.
Vermont.gov is the state’s website where you will find the latest information from all state agencies regarding COVID-19
Supporting Resources 
* NAICS codes If you do not see your business listed, and you would like to request a waiver, you may fill out the Continuation of Operations form on the ACCD website

To contact the Sergeant of Arms, call 802 828 2228