Legislative Report /Word in the House 5/16/2018 - Not Quite the End of the Session

The last two weeks of a legislative session are a whirlwind of activity. Dozens of bills that have been worked on during the previous 16 weeks of the session in both the House and the Senate reached final stages of passage. Most traveled back and forth between the two bodies as amendments were made to reflect the different concerns of the responsible committees. Twenty-eight bills this year required a conference committee made up of three representatives and three senators to resolve disagreements in language that couldn't be settled by amendments. 

The budget is the final bill passed in a session. Any bill that was still outstanding when the budget passed would be dead. As the session ended just after midnight Sunday morning, we managed to complete all of those bills as well as many more. The bills included raising the minimum wage, providing paid family leave, establishing toxic materials responsibility, protecting sexual harassment victims, funding clean water efforts, setting appliance efficiency standards, helping Vermont manufacturers improve energy efficiency and productivity, providing free tuition for National Guard members, several consumer protection and economic development bills, and an income tax reform and education funding bill as well as the budget.

Our legislative agenda reflected in the bills we passed promote a caring economy that makes Vermont more affordable for lower and middle income families, protects all Vermonters from various social and environmental impacts, and provides opportunities for economic growth. While we did not adopt the Governor's proposal for using one-time money to keep our education property taxes from increasing, the funding changes made by the legislature will hold the residential property tax rate increase to two cents in a sustainable way that avoids the need to find one-time money again next year. One-time money is just that. There’s no guarantee that it will be there next year, which just defers a tax increase. Instead, this year's one-time money will be used to pay for one-time expenses like fully funding our reserves and paying down the teachers' retirement fund obligation saving Vermont taxpayers $100M in future budgets. Our income tax changes will return $30M in extra tax revenue generated by the federal income tax changes back to Vermonters by lowering the income tax rates for everyone. Overall state spending increased less than 1 percent, significantly lower than the rate of inflation. Here are links to the details of the tax changes and to the budget.

Unfortunately, the Governor has stated that he plans to veto the budget as well as several other bills that address affordability and the health and welfare of Vermonters. The budget passed with a tri-partisan vote of 117 – 14. If he does carry out his veto promise, he will have to call the legislature back into session. There have been plenty of opportunities for the administration to engage with the legislature to work out a compromise, but that didn't happen. Now we are faced with the additional expense of an extended session.

Finally, I would like to make a correction. It was called to my attention that in my previous article about the minimum wage bill, I reference some total wage numbers that seemed to be based on different assumptions. The $15/hour total should have been $31,200 based on the same 40 hours/week and 52 weeks/year used for $10.50/hour.

As always, I can be reached by phone (802-233-5238) or by email (myantachka.dfa@gmail.com).

The Word in the House 5/24/2017 - End of Session Summary

As the 2017 legislative session ended shortly before midnight on Thursday, May 18, it was with a lot of pride and a lot of disappointment. The reason for the disappointment was because we would have to go back to Montpelier on June 21 for a veto session because Governor Scott declared that he will veto both the budget (H.518) and the education bill (H.509) because of the teachers’ health insurance issue. I’ve written extensively in the last few weeks about the standoff on this issue, so if the reader wants a recap of the last day as well as a timeline of what passed as negotiations, I refer you to my website/blog at www.MikeYantachka.com. What I will do instead here is write about some highlights of the session.

Ironically, the budget passed by the legislature on the last day achieved all the targets set by the Governor in his budget address in January. The budget does not depend on any new taxes or fees, and held to a 0.7% increase in state funds and a 1.3% increase in total funds, which include federal money. This is well below the revenue growth projections of 3.5% and reflects the steps taken in prior years to close the budget gap. While this budget originally passed both the House and Senate with only one dissenting vote, 48 House Republicans voted against it in support of the Governor’s objections on final passage.

Speaker of the House Mitzi Johnson

For several years, Vermont has been given a grade of “F” for lack of ethical accountability in all three branches of government from The Center for Public Integrity. This year, the House and Senate finally passed an ethics bill that requires disclosure of candidates’ and legislators’ income sources and prohibits legislators from becoming a paid lobbyist for one year after leaving office. Candidates for statewide office will have to disclose their individual income tax form 1040 with their confidential information redacted. These offices include the Governor, Lt. Governor, Secretary of State, Treasurer, Auditor, and Attorney General. Candidates for the House and Senate will have to list each source of their income that exceeds $5000, but not income totals.

The legislature also passed significant legislation supporting civil and individual rights. Senate bill S.29 prohibits the creation of a registry based on personal characteristics and gives the Governor alone, in consultation with the Vermont Attorney General, authorization over agreements in which state and local law enforcement can assist federal authorities with immigration enforcement. Another bill, S.96, provides that journalists cannot be held in contempt for not disclosing their confidential sources. In House bill H.25, not yet passed by the Senate, sexual assault survivors are guaranteed the right to a forensic medical exam, and that the “rape kit” be sent to a lab within 72 hours, and to be notified of a DNA match, or when the kit is scheduled for destruction. Since identity theft has proliferated, the legislature passed H.111 to modernize Vermont’s system of issuing birth and death certificates. Requests for a certificate will be restricted to the person and close relatives, and a statewide registration system will be created as a central repository in the Secretary of State’s office, which will enable a request for a certificate to be filed at any town clerk’s office.

The legislature also helped working families. Low-income working Vermonters eligible for food assistance and Reach Up cash assistance will be able to save up to $9,000 for retirement or their children’s education without being penalized. This will help them earn more without being discouraged by loss of benefits. Pregnant employees also benefit from a bill (H.136) that requires employers to offer accommodations that allow the employee to continue working with a minimum of discomfort. According to AARP, there are around 100,000 Vermonters who do not have access to employer-sponsored retirement plans. Part of the economic development bill (S.135) establishes the Green Mountain Secure Retirement Plan, which will be available on a voluntary basis to employers with 50 or fewer employees who do not offer a retirement plan, and to self-employed persons. Employees will automatically be enrolled, but can opt out if they do not want to participate.

I encourage you to let me know your concerns and opinions. I can be reached by phone (802-233-5238) or by email (myantachka.dfa@gmail.com).

Legislative Report 5/16/2016 - End of Session Summary

As the final installment of my Legislative Reports this year, I thought it would be good to highlight some of the important work the Legislature did over the two years of the biennium.

 

Water Quality

In 2015 legislation was passed that will help prevent agricultural runoff from farms, roads and other impervious surfaces by controlling discharges that could violate our water quality standards. The Required Agricultural Practices (RAPs) that all farms must follow are in the final stages of development and should be released in September, 2016. The Agency of Agriculture will provide technical and financial assistance to help farmers comply and there is funding in the budget to help towns comply with water treatment and road runoff mitigation.

 

Governance

Legislation was passed this year that will allow voluntary regional collaboration by municipalities around a range of services, including ambulance, solid waste, fire protection, and land use planning to achieve economies of scale. The law promotes transparency, local municipal voice, and treatment of municipalities as equal partners. The Legislature relaxed the requirement on how often municipal plans need to be updated from every five years to every eight years to allow more time for plan implementation. We also passed a bill that automatically registers eligible Vermonters to vote when they apply for a state driver’s license making it easier for our citizens to exercise their fundamental right to vote.

 

Human Services

The Legislature continues to focus on efforts to keep our children safe. At the end of 2015, there were 1052 children in state custody placed in foster or adoptive foster homes or in foster homes of relatives. In the past two years, reports of child abuse and neglect have surged and the state has experienced an 82% increase in the number of children under six who are in the state’s custody. In 80% of these cases, families are struggling with problems related to opioid addiction or other serious substance abuse. In addition, the tragic death of a DCF social worker allegedly by a parent this past summer has continued to place our state’s child protection system under pressure. The number of case workers added last year has not kept pace with the increase in cases, and more social workers will be hired along with substance abuse screeners to address this ongoing problem. More is being done to address the opioid addiction problem as well, including treatment, education, prevention, and increased market-constraints such as increased fees on pharmaceutical manufactures to help fund mitigation programs. A key provision is a requirement for health care providers and pharmacists to register with the Vermont Prescription Monitoring System (VPMS) and to query the system upon prescribing or dispensing a controlled substance to help eliminate prescription fraud and the diversion of controlled substances.

 

Natural Resources & Energy

Over the past decade, Vermont has led the nation with its energy efficiency programs, lowering both electricity costs and rates. In 2015 the Renewable Energy Standard Act was passed which will eliminate the double-counting or Renewable Energy Credits (RECs) and is helping Vermonters transform their energy use in the heating and transportation sectors. This year we recognized Vermonters’ concerns over the proper siting of solar and wind projects and passed legislation that will give municipalities a greater voice in these decisions if they develop energy plans to address the state’s goals for renewable energy in collaboration with their Regional Planning Commissions. We also required the Public Service Board to develop noise standards for wind projects in recognition of complaints about existing projects. We passed legislation this year that will preserve and maintain the health of Vermont’s forests, and we ensured that conservation easements that were always meant to be perpetual will continue to be so by removing the 40 year renewal requirement and ensuring that the easement remains with the property if a tax sale of the property occurs.

 

Working Vermonters

Legislation passed this year guarantees working Vermonters the right to earn paid sick leave up to three days per year, increasing to five days in subsequent years. We also increased subsidies for child care facilities to provide high-quality, affordable child care for working families. Because of Act 176 of 2014, the minimum wage in Vermont is $9.60/hour and is scheduled to increase to $10/hour on January 1, 2017. 

 

Education

The Legislature continued to address the increasing cost of education by encouraging school district consolidation under Act 46 passed in 2015 and made some changes early in 2016 to address budgeting issues being faced by school boards. Several districts across the state have already voted to merge and more, including Chittenden South, are expected to vote in the next couple of months. Chittenden South will hold its vote on June 7^th, and I encourage everyone in Charlotte to take the time to vote in person or by absentee ballot. You can find information about the proposal at act46.cssu.org. I strongly recommend reading the Final Report to inform your vote.

 

I can be reached by phone (802-233-5238) or by email (myantachka.dfa@gmail.com).  I wish you all a wonderful summer and hope to see you around town.

Legislative Report 5/22/2014 - End of Session Report

The 2014 legislative session is finally over, and I am fairly pleased with what we accomplished over the last four months.  Here is a recap of what was accomplished and what opportunities I believe we missed.  I wrote about some of this legislation in previous articles in more detail, and I provide links to those articles in the text below.

The Economy

The $655M Transportation bill marks a heavy investment in Vermont’s transportation infrastructure with support for better roads, safer bridges, and expanded rail without tax increases.  Downtown development was encouraged by loosening Act 250 regulations in designated development centers while discouraging sprawl.  A comprehensive Economic Development bill, S.220, was passed to encourage businesses to be established, to grow, or to stay in Vermont in the face of economic adversity.  It provides up to $3M in lending for entrepreneurial and agricultural investment, establishes a “Made in Vermont” program to increase exports, improves intellectual property safeguards for business, and improves consumer protection from unauthorized lenders.

Working Vermonters

The Minimum Wage bill, H.552, raises the minimum wage in Vermont from $8.73 today in four steps from $9.15 in 2015, to $10.50 in 2018.  Low-earning Vermonters looking to get ahead will be helped by H.790, which addresses the so-called benefits cliff, i.e. the disincentive that occurs when people receiving public benefits go to work and have their benefits reduced by more than their increased earnings. H.790 increases the amount of earned income that will be disregarded from $200/month to $250 for families in Reach Up.  Reach Ahead is the program that provides a continued food benefit to help families sustain themselves after getting off Reach Up. This bill makes the benefit amount in Reach Ahead somewhat smaller but continues it for a longer period of time keeping a family eligible for a full child care subsidy for an additional year, a very important factor in being able to hold a job.  On the other hand, the House failed to pass the Paid Sick Days bill, H.208, which would have guaranteed up to 6 paid sick days or the equivalent time off for all employees. 

Energy and Conservation

The renewable energy sector was given a boost with the expansion of net metering limits.  Vermont is a leader in green jobs per capita and this bill, H.702, insures that the sector will continue to grow at least until 2017 when the federal tax credits end.  In the meantime, the cost of solar generation continues to decline making systems more affordable for the average homeowner.  S.202 made air-to-air and geothermal heat pumps eligible for efficiency credits, recognizing that thermal energy savings will result in reduced green house gas emissions while saving money for homeowners.  It also provided incentives to recycle construction and demolition debris in order to divert these materials from our landfills. A first in the nation battery recycling stewardship program was established by H.695 with the cooperation of the battery industry, and when it takes effect in 2016 it will help keep some of the 10 million batteries sold in Vermont each year out of our landfills.

Water Quality

The value of our lakes and streams to Vermont’s economy, health and quality of life was the subject of two major bills, the Shorelands Protection bill, H.526, which passed and goes into effect on July 1, and the Water Quality bill, H.586, which died in the Senate.  The Shorelands bill seeks to regulate development along the shores of our smaller lakes as well as Lake Champlain to reduce runoff which fosters algae growth and to create more robust fish habitat.  The Water Quality bill addressed issues related to factors throughout watersheds that contribute to phosphorous levels in Lake Champlain and the Connecticut River.  Although H.586 did not pass this year, these problems will have to be addressed next year to comply with EPA Clean Water standards.

Agriculture

With overwhelming support from most Vermonters the GMO Labeling bill, H.112, was passed and signed into law.  This bill supports the right of consumers to know what is in their food.  Local farmers who produce and sell raw milk will now be able to deliver it to their customers at Farmers’ Markets.  There are still strict regulations to ensure that quality, safety and a direct relationship to the customer are maintained.

Health and Safety

 Highway safety will be enhanced with the passage of H.62, which bans the use of hand-held electronic devices while driving except under certain circumstances.  Victims of Lyme disease now have expanded opportunities for treatment with the authorization through H.123 for physicians to use additional treatment protocols.  S.234 provides for reimbursement of the use of telecommunications for remote monitoring of Medicaid patients’ health, helping to reduce Medicaid costs.  Children’s safety and health were improved through two bills. The Child Safety Act, S.239, which requires manufacturers of products sold to or used by children to notify the Department of Health if their product contains chemicals that can harm children.  H.217 bans smoking in a vehicle when a young child is in the vehicle and requires that if smoking occurs on the premises of a child care facility during times children are not present that the provider notifies families that their child will be exposed to an environment in which tobacco products are used.  It also makes it illegal to sell products containing liquid nicotine (e-cigarettes) in Vermont unless it is in child-resistant packaging.  Noticeably absent this session was the report from the Shumlin administration providing detailed information about plans to fund Green Mountain Care. If details cannot be provided early in the 2015 session, the implementation of GMC by the target date of 2017 will be in jeopardy.  And finally, I had introduced a bill four years ago to license precious metal dealers and require them to keep good records of their transactions for the purpose of shutting down avenues for the fencing of stolen goods.  After passing a weaker bill two years ago, and with the help of legislators in both the House and Senate as well as law enforcement, we passed S.308 this year, which puts those requirements firmly in place and authorizes the Department of Public Safety to enforce them.

Education

Educational issues consumed a significant amount of energy during this session with mixed results. On the positive side, opportunities were expanded at both ends of the age spectrum.  The Universal Pre-K Education bill, H.270, provides up to ten hours of pre-Kindergarten education to every 3 or 4 year old who enrolls in a qualified program, creates a simplified payment system, and clarifies oversight in order to give the best chance for success to every child. Research has shown that children who aren’t able to access high-quality early education for whatever reason are more likely to challenge the resources of our education system throughout their K-12 experience.  At the other end of the spectrum Vermont’s great high school graduation rate is not reflected in the number of students that go on to post-secondary education.   The Economic Development bill, S.220, provides for up to two semesters of free college education in the state college system for Vermont students who satisfy certain academic and post-graduation residency criteria.  The legislature was less successful in addressing the costs of K-12 education.  The Education Governance bill, H.883, which would reduce the number of school districts statewide through consolidation, stalled in the Senate.  The financing formula passed by the House was further modified by the Senate which resulted in a higher property tax rate than anyone wanted.   The discussion of the financing issue along with the large number of school budgets that were voted down has increased the importance of revising the financing system next year to reduce the burden on property taxes. 

 

Now that the session is over, I will begin my campaign for re-election.  I have enjoyed serving you in the legislature and hope you will support me for another term.  I intend to again conduct a person-to-person campaign and look forward to meeting you on the campaign trail.