LEGISLATIVE UPDATE February 10, 2020

LEGISLATIVE UPDATE February 10, 2020

LEGISLATIVE UPDATE February 10, 2020

WEEK 5: INCLUDED IN THIS UPDATE
  • ACT 250
  • Chlorpyrifos/Glyphosate
  • Agency of Agriculture Strategic Plan 2020
  • Tree Wardens
  • Paid Family Leave
  • From the Grocers and Retailers Association/ Erin Sigrist
Act 250

Last Tuesday the House Natural Resources committee did a walk-through of latest draft of the Act 250 bill. The bill is now 103 pages. The new draft has taken portions of the original bill and combined it with portions of the joint proposal. The committee spent a significant amount of time discussing the “Board”, appeals and governance. By Thursday afternoon the committee tentatively supported a Hybrid approach. It would be an Enhanced Natural Resources Board that would contain: o

  • Professional full-time board – 3 members
  • 2 Members that are regional (location of the application)
  • Appeals go directly to the Vermont Supreme Court
  • District Commissions will be maintained to oversee jurisdictional opinions and minor applications
  • Keep the Districts the same
  • Keep District Coordinators
Other topics discussed last week included Jurisdiction Opinions, On the Record vs De Novo, Downtown Exemption, Permitting Presumptions, Master Plan Permitting, Major/Minors, and Capability and Development Plans. The pressure is still on to vote the Act 250 bill out of committee Wednesday or Thursday this week. As I said before, the bill will still need to go to several other House committees before it heads to the Senate.
CHLORPYRIFOS/GLYPHOSATE
S-180 An act relating to prohibiting the use and application of the pesticide chlorpyrifos                                                      S-192  An act relating to prohibiting the use of the herbicide glyphosate
S-272  An act relating to the use and management of pesticides
The Senate Agriculture committee will hear more testimony on Tuesday regarding these bills. As I reported last week S-272 transfers oversight and administration of the Pesticide Advisory Council from Agency of Ag to the Department of Health. The bill also amends the membership of the Pesticide Advisory Council. Senator Starr has indicated he supports keeping the oversight with the Agency of Agriculture, but there might be a change in the membership of the advisory council.
AGENCY OF AGRICULTURE STRATEGIC PLAN 2020
The Agency of Agriculture and the Sustainable Jobs Fund presented the 2020 Strategic Plan before the House Economic and Development committee on Tuesday. The Agency of Agriculture partnered with the Sustainable Jobs Fund to produce this report that was required by Act 83. Act 83 asks the Agency of Agriculture to report back to the legislature with recommendations for stabilizing, diversifying and revitalizing the agricultural industry. The Agency of Commerce and Economic Development was asked to report on the ability to increase demand in major metropolitan markets for Vermont dairy products. The 110-page Strategic Plan outlines strategies (briefs) for 10 different products, ranging from apple to hemp.
You can find the Strategic Plan at agriculture.vermont.gov/administration/annual report
 From the report: Initial estimates across these first 23 briefs (areas of need) indicate that as many as an additional 21 full-time personnel are needed to assist Vermont farmers 3 through this time of transition and crisis. Expertise is needed primarily in the area of farm and business succession assistance and production-specific technical assistance (e.g., livestock, hemp, apples, climate preparedness, food safety), but also in marketing, local food brokerage, and facilitation for farmer peer-learning programs. In total, based on quantified estimates, an investment of approximately $22.7 million per year is needed to ensure sufficient highquality business assistance, marketing support, product research and development, grant programs, farmer-to-farmer educational opportunities, infrastructure investments, regional market development, and workforce development to meet the growing needs of the sector. This level of public (federal and state) and philanthropic support will stimulate even greater levels of private sector investment. 
Summary from the report:
“Vermont’s dairy farmers are actors in a system that does not account for geographic, social, environmental, or consumer considerations of farming, and thus must compete with least-cost producers in other states where mega-dairies and lax environmental regulations are the norm. Vermont has an opportunity to be the national leader for innovative and responsive solutions to the current dairy crisis and future downturns, and new policies should clearly place the state out front in addressing climate and environmental concerns while sustaining small farms. The above subtopics address some of the most pressing challenges and opportunities in the dairy sector and, while not all-inclusive of the issues facing the industry (e.g., workforce, U.S. immigration policy), lay out areas that have substantial interest and potential to change the Vermont dairy industry along a positive trajectory. The recommendations that follow build on the subtopics by providing overarching ideas for how to address the dairy sector’s most pressing needs.”
Recommendations from the report 
*Reinvigorate farmer cohort learning groups by funding a position that can coordinate meetings between farmers of different scales and in varying regions to share their specialized knowledge and allow farmers to connect with each other to broaden skill sets while providing social outlets. Cost: $100,000 annually for a position and associated costs for successful meetings.
* Establish a formal mentorship program that will pay successful, retiring dairy farmers to work one-on-one with young farmers and help them navigate the challenges of being a new or beginning farmer, including animal health, farm management, and financial and personal challenges. The Dairy Grazing Apprenticeship program could be a model for this system. Cost: $12,000 per farmer/mentee relationship.
* Incentivize new farmers and farm transitions by starting a program similar to the Agency of Commerce and Community Development’s Remote Worker Grant Program, that will help defray costs of starting a new dairy farm or taking over the operation of an existing farm through a family or business transition. For example, the program could seek out graduates of the Dairy Grazing Apprenticeship program to increase the amount of grass-based dairy farming, and target successful young farmers looking for an opportunity to start their own farm business. Cost: The program costs would be highly variable based on what would be covered. For example, defray closing costs on a farm purchase, provide a living stipend for a year, and provide a mentor to assist during the first two years of operation.
* Ensure that the current processing capacity is maintained or increased as this is critical to longterm farm sustainability. Incentivizing or funding plant maintenance and energy efficiency upgrades will keep this critical and expensive piece of the supply chain in operation and will attract additional types of milk production in the state as companies expand product lines.
* Expand opportunities to differentiate the milk supply by supporting farm and processor transitions to, or increasing production capacity for, higher-attribute milk (grass-fed, organic, GMO-free) that responds to consumer trends and positions Vermont as the leader of innovative dairy production.
* Provide incentives and ensure current funding opportunities benefit dairy farms to move towards energy efficiency, including equipment upgrades, renewable energy generation systems, and work in concert with the needs of milk hauling and processing companies. I encourage you to read the Strategic Plan and if you have questions or comments reach out to the Agency of Agriculture. The Strategic Plan could become the tool the Administration and Legislature use in addressing agriculture issues in the future.
TREE WARDENS
H-673 An act relating to tree wardens
This bill proposes to grant local tree wardens the authority to manage all public trees within a public place or public way and establish notice and hearing procedures related to the cutting of public trees by a tree warden.
The House Agriculture committee took testimony last week on this bill. The Department of Forest and Parks supports the language in the bill, saying that it clarifies the definition of hazard tree, public place, public tree, and public way. They also feel this provides the town the ability to deal with pest and safety issues. The witnesses were divided in their support of the bill. The League of Cities and Towns does not support the language in the bill. There was also some concerned raised that the warden does not have to live in the town or is not a certified forester or arborist.
PAID FAMILY LEAVE
H-107 An act relating to paid family and medical leave
Last Wednesday the House failed in their efforts to override the Governor’s veto of H-107, on a vote of 99 to 51, one vote short. The vote closely matched party lines with Democrats and Progressive favoring an override and Republicans and Independents supporting the veto. Many who opposed H-107 felt that the Governor’s voluntary program provided a better option and that $30 to $60 million needed to set up the mandatory, H-107, be better used in paying for other needs such as the unfunded pension liability, or the corrections and mental health crisis.
The Democrats and Progressives will be back next session proposing a new mandatory paid family leave program.
FROM THE GROCERS AND RETAILERS ASSOCIATION/ ERIN SIGRIST
Tax and Regulate Cannabis System

The House Ways & Means Committee on Wednesday passed out of committee S.54 on a 7-3 vote. The bill approved an excise tax 14% and the 6% sales tax on cannabis and cannabis products. The bill also establishes a regulating entity to regulate the cannabis market and approve licenses for businesses. It is estimated that a commercial market would raise about $13 million in the first four years. The bill now moves to the House Appropriations Committee.

BILLS OF INTEREST
The date for introduction of bills has passed, if a new bill is to be introduced it would need to be a committee bill. As of today, there are 919 House bills and 337 Senate bills for the last two years.
As of 2/02/2020

S-336 An act relating to establishing standards for the sale of hemp seed
As of 1/26/2020
H-830 An act relating to the use of food residuals for farming
H-832 An act relating to the use and management of pesticides
H-852 An act relating to signal lamp permits for farm tractors and farm trucks
H-853 An act relating to discontinued highways, legal trails, and impassable or untraveled highways
S-321 An act relating to miscellaneous fish and wildlife issues
As of 1/19/2020
H-557 An act relating to municipal regulation of livestock running at large
H-562 An act relating to the definition of agricultural land for the purposes of use value appraisals
H-575 An act relating to bears doing damage to agricultural crops
H-581 An act relating to the funding of the Department of Fish and Wildlife
H-584 An act relating to disclosure of cyanobacteria outbreak prior to conveyance of real property
H-616 An act relating to the professional regulation of land surveyors
H-628 An act relating to Cross Vermont Trail directional signs
H-633 An act relating to development and subdivisions above 1,500 feet
H-673 An act relating to tree wardens
H-674 An act relating to clarifying the definition of development used for use value appraisals
H-688 An act relating to addressing climate change
H-759 An act relating to the use of neonicotinoid-treated article seed
H-766 An act relating to the regulation of cannabis
H-794 An act relating to limiting liability for agritourism
H-798 An act relating to the use of biochar
H-828 An act relating to Vermont standards for issuing a Clean Water Act section 401 certification
H-829 An act relating to the use of the pesticide chlorpyrifos
S-200 An act relating to the definition of house-site for use value appraisals
S-280 An act relating to forest carbon sequestration programs
S-310 An act relating to use value appraisals
S-315 An act relating to administration and enforcement of agricultural water quality violations
To learn more about any of the bills listed above, visit the Vermont Legislative website at https://legislature.vermont.gov/ and use the very convenient search tool available. If you wish us to keep a keen eye on any of the above bills, please let us know by sending an email to info@vermontwoodlands.org.