the Word in the House 5/9/2019 - Seatbelts, Clean Water and Medications

The end of the legislative session is getting closer, and in the last week the House passed several Senate bills with amendments.  If the Senate does not concur with the House amendments to a bill, a Conference Committee will be appointed to resolve the differences. Then both chambers would have to vote on the report of the Committee without further amendment.

The Transportation Bill (S.149) had several House amendments, including a primary seat belt provision which allows law enforcement to stop a vehicle if the driver is not wearing a seat belt. While nine percent of drivers do not wear seat belts, around 50 percent of fatalities involve unbelted occupants. Stricter enforcement of seat belt use has been demonstrated to save lives.  Another amendment allows all emergency vehicles to use both red and blue lights.  Tests have shown that people respond more to blue lights than red in emergency situations.

Another Senate bill passed by the House with amendments was S.40 which authorizes testing and remediation of lead in the drinking water of schools and child care facilities. A total of $2,400,000 is appropriated to fund remediation for fixtures testing above 5 parts of lead per billion, which is also the allowed level for bottled water, although no level is really safe for kids. This is not as strict as the action level set by the Senate, 3 ppb, and may result in another Conference Committee. The state will cover the actual cost of replacing a drinking water fixtures up to $2000 for public drinking fountains and ice machines, $700 for outlets used for cooking, and $400 for all other outlets.

To better address the opioid problem, the House also passed S.43 with amendments to prohibit a health insurance plan from requiring prior authorization for medication assisted treatment as well as for counseling and behavioral therapies associated with medication-assisted treatment. If the plan provides prescription drug coverage, it must ensure that at least one medication from each drug class for the treatment of substance use disorder is available at the lowest cost level of the plan.

One bill we expect to see this week is for clean water funding.  The Ways and Means Committee is proposing to use 4 percent of the rooms and meals tax for the Clean Water Fund. This will provide a sustainable source of funding as required by the federal EPA.  The 4 percent will come out of the 25 percent of the tax allocated to the Education Fund.  However, the amount is expected to be made up by a change in the sales tax which will now apply to software program packages purchased online.  The same tax will be assessed as if it were purchased in a store. All sales taxes are allocated to the Education Fund per a law enacted last year.

An opinion piece by the President of the conservative Ethan Allen Institute in last week’s Citizen called out Democrats in the legislature for being “ideological”.  The EAI is on the record of believing climate change is not happening, but if it is, we can’t do anything about it, so we shouldn’t try.  Well, I must disagree, and will continue to advocate for policies that will help Vermonters reduce greenhouse gas emissions and save money by reducing their use of fossil fuels.  Burning fossil fuels is bad for the environment and bad for our wallets.  Did you notice that gasoline prices jumped from $2.58 in March to $2.83 this week?  Are you getting more mileage from that gas? If we had a 2 cent per gallon tax that would be dedicated to helping Vermonters purchase more fuel efficient all-electric and hybrid electric vehicles, Vermont drivers would save both money and the environment. As for my statement that legislators need to be leaders and not just followers, there are times when we need to take bold steps.  Climate change is just such a situation. We must have the political will to pay a little more today and invest it in measures to prevent a greater cost for our children,  grandchildren, and future generations.

I welcome your emails (myantachka.dfa@gmail.com) or phone calls (802-233-5238). 

Legislative Report 1/10/2018 - Session Preview - 2018

Patience and persistence: these are two qualities that I learned are essential to working in the legislature. The issues that the legislature has to address are often very complex and do not lend themselves to simple solutions. Measures that are enacted sometimes fail to have the desired effect and have to be tweaked by subsequent legislation.

Governor Peter Shumlin in his 2014 State of the State speech to the legislature identified opiate abuse as a major crisis in Vermont. While Vermont stood alone at the time in putting a spotlight on this problem, it is now acknowledged to be a national epidemic. Since that time much attention and finances have been focused on the problem in Vermont. Yet it persists and continues to grow. Vermont is still one of the top five states for heroin use as a percentage of adult population. This has resulted in a 38% increase in caseload for the Department of Children and Families due largely to children of opiate-addicted parents. One piece of good news is that Vermont has the lowest rate of drug overdose deaths in New England. The opioid problem is one of several major issues the legislature will continue dealing with as we begin the 2018 session.

Another issue that will require many more years of attention is the condition of our lakes and streams. This is not only an environmental problem, but an economic one as well. Tourism is a major part of Vermont's economy. Algae blooms not only detract from the appeal of Vermont to tourists, but they lower property values and impact health. Treasurer Beth Pearce identified enough financial resources to fund a $25M/year mitigation program for two years. We're already through the first year, so we need to come up with a sustainable source of funds for this decades-long task. Governor Scott is advocating bonding to solve the problem, but this just pushes the cost of the cleanup to future generations. We need to be courageous enough to deal with this problem in the present.

Another persistent problem that will take courage and foresight to address adequately is climate change. We have to reduce our use of fossil fuels. Vermont's Comprehensive Energy Plan calls for a 25% decrease in greenhouse gas (GHG) levels by 2050. However, while we have made healthy strides in reducing the carbon footprint of our electricity generation, the amount of GHG emissions in Vermont has increased by 4% over 1990 levels. Our transportation and heating requirements have driven this increase. Governor Scott's Climate Change Commission has worked during the summer to suggest steps that can be taken to reverse this trend. A group of legislators, including myself, have also been working with environmentally conscious businesses on a strategy that will be rolled out in January. We look forward to working with the Scott administration to adopt a plan that will be good for Vermonters and Vermont's economy.

I can't end without mentioning the challenges that the recently passed Trump Tax Act will cause for Vermont. The Green Mountain Care Board has already projected health insurance costs to increase because of the repeal of the individual mandate that requires everyone to have health insurance. The response of many Vermonters to prepay their 2018 property taxes to take advantage of the disappearing deduction for state and local taxes will impact revenues for 2018 and beyond unless we modify our own income tax formula. Federal budget reductions that will be required to balance the tax cuts will put further pressure on states to compensate for programs that will suffer, thereby putting many low-income Vermonters, our efforts to clean up our waters, and our state budget at risk.

I wish you all a happy, healthy and prosperous 2018 and look forward once again to keeping you informed about the legislature while we are in session. 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 5/20/2015 - End of Session

Remember the Rubik's Cube? I always had a hard time solving that 3D, 3-axis puzzle. The last week of the legislative session seemed like trying to solve a giant Rubik's cube of legislation. Fourteen bills were assigned to Committees of Conference because the House and Senate could not agree on details in the versions each chamber passed. In addition to those bills, the Immunization bill (H.98), the Water Quality bill (H.35) and the Energy bill (H.40) still had not been settled.

Early in the week the House Health Care Committee took a couple more days of impassioned testimony on whether to retain the philosophical exemption or to remove it before finally bringing it to the full House for a vote. The hours-long debate on the floor reflected the range of opinions heard in testimony. Several amendments were offered before the House voted to remove that exemption while retaining the religious and medical exemptions. The 85 to 57 vote crossed party lines as individual legislators made up their own minds on the legislation. Following the decision on vaccine exemptions, the House voted quickly to concur with the Senate on proposed amendments to the Water Quality bill, which will put Vermont on the path to reducing phosphorous runoff into its lakes and streams.

 

By Friday afternoon most of the conference committees reported agreement on all but the Budget, Revenue, Health Care, and Education bills, and the Senate was still debating amendments to the Energy bill. Earlier in the afternoon we passed the very important Child Protection bill (S.9) which requires any mandated reporter who reasonably suspects abuse or neglect of a child to report it to Department of Children and Families instead of to a superior, and it improves cross-agency communication for child welfare cases. Typical of the "hurry up and wait" character of the session's final days, the House was repeatedly recessed to await updates on the status of conference committee negotiations.

 

Friday evening we received from the Senate its amendments to the Energy bill, and the House quickly concurred in its passage. The Senate left the provisions adopted by the House and added provisions regarding siting of solar energy projects. They include giving municipalities automatic party status in Public Service Board hearings, defining minimum setback requirements, and allowing municipalities to define screening requirements. Passage of this bill satisfies the objections Connecticut and Massachusetts had regarding Vermont's double-counting of renewable energy credits (RECs) and avoids the loss of $50M in annual revenue for our utilities, thereby avoiding a potential 6% increase in electric rates.

 

Saturday brought the passage of the Education bill and the Health Care bill. The Health Care bill had been trimmed back considerably because of an inability to agree on funding. What remained was a 33 cent/pack cigarette tax increase and subjecting soda to the 6% sales tax. The package contains $3.2 million in new state health care spending, which is eligible for roughly another $3 million from federal matching funds. The money will be used to level-fund Vermont Health Connect subsidies for out-of-pocket costs, target increases to Medicaid rates, and invest in initiatives to strengthen the primary care system.

 

As late as Saturday afternoon negotiations were still going on among the House and Senate leadership and the Governor regarding how the agreed upon budget would be funded. $53M in program cuts had been agreed upon with the expectation that $30M in additional revenues would have to be found. This represents $3M more in cuts and $5M less in revenues than originally passed by the House. Finally, around 10 PM the final agreements were made and the House gave final approval to the Budget. After the traditional speeches from the leaders of the Progressive, Republican and Democratic parties, the Speaker of the House, and the Governor, the session was gavelled to a close just before 11 PM.

 

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

The Word in the House 4/15/2015 - Cleaning up the Waters of the State

A lot has happened in the legislature in the two weeks since I wrote my last article on the budget. I took time out from writing to celebrate Easter with my family and friends. Work in Montpelier continued, however, and we passed two major bills dealing with Education and Water Quality, and my committee on Natural Resources & Energy began taking testimony on the siting of electrical energy generation facilities. Any one of these topics would take up an entire article, so let me give you an insight this week on the consideration of the water quality bill by the House.

Recognizing that Lake Champlain and Vermont's other bodies of water are extremely important to our state's economy, the House took a giant step with the water quality bill (H.35) in an effort to reduce the amount of phosphorous and other pollutants entering these waters. It engages all land use sectors - including roads, highways, agricultural operations, developed land in urban areas, waste water treatment plants, and forest lands - to implement the Lake Champlain Total Maximum Daily Load (TMDL) limits and the impending TMDL for other waters using cost effective strategies. There was not much disagreement on what needs to be done to accomplish this gargantuan task, one that will take years to accomplish. Having heard from pretty much everyone who has an interest in the problem, the Fish Wildlife & Water Resources Committee introduced the bill with the theme “All In”. The disagreements surfaced, however, with how the effort was going to be paid for.

Approximately $8M has to be raised for the effort. This would be done primarily through fees on agriculture operations and through a surcharge on the property transfer tax. A 2 cent surcharge on gasoline was also proposed but did not make the final cut. Small farms, defined as a parcel of land on which 10 or more acres are used for farming and that houses a specified number of animals (e.g., fewer than 200 mature dairy cows) or produces crops for sale, will be assessed $250 - $500 annually. Medium sized farms (200 - 700 mature dairy cows) will be assessed $1500 and large farms (more than 700 mature dairy cows) $2500 annually. Fees will also be assessed on feed and fertilizer. These fees will go into an Agricultural Water Quality Special Fund to assist farmers to comply with Accepted Agricultural Practices set by the Agency of Agriculture and for enforcement.

A 0.2% surcharge will be placed on the value of property subject to the property transfer tax. The surcharge is not assessed on the first $100,000 in value of property used as a principal residence, and is not assessed on the first $110,000 in value of property purchased with VHFA funds. The surcharge will be deposited in the Clean Water Fund and will sunset in 2021.

Because of the broad implications of the bill, which spanned 100 pages in the House Calendar, four committees were involved with its development: Fish Wildlife & Water, Agriculture & Forest Products, Ways & Means, and Appropriations. Of the 40 committee members voting to move the bill for consideration by the full house, only 3 voted against doing so. During the floor debate, a motion was made to vote on the non-funding sections of the bill first and then on the funding sections. The non-funding sections were passed 142 – 0. As Rep. David Deen, Chair of Fish Wildlife & Water, said, “We've done the easy part.” An amendment was offered on the remaining sections to remove the fees and transfer the required amount from the General Fund, which would have thrown the budget that was passed the week before out of whack. That amendment was defeated 100 – 40, and the remaining sections were adopted on a vote of 125 – 16. The final vote to pass the bill the following day was 133 – 11 indicating broad tri-partisan support for the bill. You can find more about the provisions of this bill in the guest posting by Representatives Bob Krebs and Sarah Buxton below.

I continue to welcome your feedback on this and other issues. I can be reached by phone (802-233-5238) or by email (myantachka.dfa@gmail.com).

Water Quality Bill (H.35) (by Rep. Bob Krebs and Rep. Sarah Buxton)

Our lakes, rivers and ponds are struggling from pollution as our water management efforts over the decades have not kept pace with the impact of storm water runoff and high water events. A comprehensive and far-reaching water quality bill  (H.35) will be offered early next week that engages all land use sectors - including roads, highways, agricultural operations, developed land in urban areas, wastewater treatment plants, and forestlands. All will be required to improve practices through long-term and sustained efforts. The bill has been reviewed by FWWR, Ag, Ways & Means, Judiciary, and Appropriations.

 

·         Purpose: This bill improves the quality of the State waters, implements the Lake Champlain TMDL and meets the impending TMDL for other waters, identifies cost effective strategies to address water quality, and engages stakeholders in efforts to achieve cleaner water throughout the state.

 

·         Small Farms:  “Small Farms” will be defined as a parcel of land on which 10 or more acres are used for farming and that houses no less than a number of animals (to be set by rule) and more than the maximum number of animals for a small farm (e.g. 199 dairy cows), OR produces crops for sale. Small farms will be required to certify compliance with the Accepted Agricultural Practices (AAPs) every 5 years. The Agency of Agriculture (AAFM) is authorized to inspect farms to determine compliance with the AAPs. During inspection, AAFM shall identify areas that could use assistance to improve compliance with the AAPs. Identified areas will be ranked and receive priority assistance to achieve AAP compliance. An annual fee of $250 (beginning in 2016) shall be assessed on farms housing fewer than 100 mature dairy animals and $500 shall be assessed on farms housing 100 to 199 mature dairy animals.

 

·         Agricultural Water Quality Funding:  An Agricultural Water Quality Special Fund will be established to fund the administration and implementation of water quality programs.  The following fees will be deposited into the fund: $2,500 annual registration fee for large farms, $1,500 annual registration fee for medium farms, annual $100 registration fee for commercial feed $100, $30 a ton fee on nonagricultural fertilizer distributed in the State, annual product registration fee on pesticides of $125. $1,056,000 will be appropriated to AAFM in FY2016 for 7 agricultural water quality positions

 

·         Farmer Training: Agency of Ag will adopt requirements for training owners or operators of small, medium, and large farms regarding: prevention of discharges to waters; mitigation of stormwater runoff; and land application of manure, nutrients, septage, and sludge – and will require training as a condition of a LFO permit, MFO permit, and SFO certification.

 

·         Custom Applicators: Custom applicator means the owner of a company engaged in the business of applying manure, nutrients, septage, or sludge to land for compensation. Custom applicators will be required to complete 8 hours of training over each 5 year period to address application methods that minimize runoff and identification of weather or soil conditions that increase risk of runoff.

 

·         Enforcement: The new enforcement subchapter streamlines and makes consistent the existing enforcement authority, while also providing new authority, including: Emergency assistance orders to protect water quality; Mandatory corrective actions; and Authority to remove livestock when the volume of livestock waste exceeds farm capacity. When a farm is found to be in violation of the LFO, MFO, or AAP requirements, the Agency must provide the farm with a “required corrective action” plan. The Agency will also have civil enforcement authority to enjoin activities, order corrective actions, and levy civil penalties of up to $85,000 for violations.

 

·         Stream Alteration:  A stream alteration permit will be required for an agricultural practice that moves 10 cubic yards of instream material except for approved streambank stabilization projects.

 

·         Land Use Conditions: Property Valuation and Review (PVR) shall remove agricultural land or a farm building from use value appraisal (UVA) if the owner/operator is identified by the Agency of Ag as out of compliance with the water quality requirement or not in compliance with an enforcement order for an agricultural water quality violation. If land or a building is removed from UVA, a farmer may not apply for reenrollment until the Agency notifies PVR that the owner or operator is complying with agricultural water quality requirements or the enforcement order for an agricultural water quality violation. Agricultural land or a farm building included in an AAFM notification to PVR would be subject to the land use change tax.

 

·         ANR Basin Planning: ANR must update the basin plans for the 15 watersheds and conduct certain activities in planning, including: ensuring involvement by municipal officials and interested parties; ensuring local input in planning process; providing education to municipal officials regarding planning and developing a recommendation on conformance of basin plan with applicable regional plans.

 

·         ANR Stormwater Management: Clarifies activities that require an ANR stormwater permit and activities that are exempted. ANR will issue general permits for stormwater discharges from municipal roads by July 1, 2021. By Jan. 1, 2018, ANR will issue a general permit for discharges of stormwater from impervious surface of 3 or more acres in size that previously were never permitted or were permitted under a pre-2002 permit standard. The general permit shall require retrofitting or redevelopment of old impervious surface. ANR may deny an application for a stormwater permit due to an applicant’s compliance history.

 

·         Vermont Clean Water Fund: A Clean Water Fund Special Fund will be established to provide funding to programs and projects that address sources of water pollution in impaired waters, projects that address water pollution in critical source areas, and programs or projects to repair riparian conditions that pose a risk of flooding. The Fund shall consist of revenue dedicated to it including a 0.2% surcharge on the property transfer tax.  A Clean Water Fund Board shall administer the Fund, made up of the Secretaries of ANR, AAFM, AOT, and ACCD, and 8 additional members, appointed by the Speaker of the House, the Committee on Committees, and the Governor. The Clean Water Fund Board shall make recommendations to the Secretary of Administration regarding how funds from the Clean Water Fund shall be included in the State budget.

 

·         Clean Water Surcharge and DEC Fees: A 0.2% surcharge will be placed on the value of property subject to the property transfer tax. The surcharge is not assessed on the first $100,000 in value of property used for the principal residence of the transferee and is not assessed on the first $110,000 in value of property purchased with VHFA funds. The surcharge is deposited in the Clean Water Fund and will sunset in 2021. $1.3 million in DEC fees has already been approved and, combined with a $1.3 million ANR appropriation, will provide funding for 13 water quality staff.

 

·         Logging: The Commissioner of Forests, Parks and Recreation will revise the Acceptable Management Practices by rule by March 1, 2016 to ensure that all logging jobs are designed to prevent water quality impacts

The Word in the House 2/4/2015 - Microbeads and Education

Now that we are a few weeks into the session, the 14 committees of the House of Representatives have settled into their main work: taking testimony on bills and on the Administration's initiatives. A bill's main sponsor as well as interested parties, administration staff, lobbying organizations and interested private citizens are invited to give their insight and analysis of the subject. Committee Chairs take very seriously the responsibility to make sure every side of an issue is heard. It is detrimental to the success of a bill if key testimony has not been heard when the bill comes to the floor for a vote of the full chamber. On the other hand, convincing testimony against a bill might kill it in committee so that it never reaches the floor for a vote. Since there are more bills introduced in a session than can ever be adequately considered, most bills stay “on the wall”; that is, they are posted on the committee's bulletin board where they remain for the duration of the 16 week session.

In spite of these constraints, some bills are so obviously beneficial that they just sail through committee, are read on the floor and pass unanimously. This happened with a water quality bill last week that prohibits the sale of personal care products and over-the-counter drugs containing microbeads. Microbeads are plastic beads less than 5 millimeters in diameter that are suspended in lotions and cleansers as a mild abrasive. The problem is that they are so small that they pass through wastewater filtration systems, are discharged into rivers and streams, and end up suspended in Lake Champlain. They adsorb (attract to their surface) toxic chemicals and are ingested by small fish which confuse them with food. They, in turn, are eaten by larger fish, which are then eaten by humans. In this way the toxins become concentrated up the food chain and pose a hazard to us as well as threaten the sport fishing industry which is an important part of our tourist economy. On a roll call vote H.4 passed unanimously 140 to 0.

Many issues require a lot of testimony even before a bill is introduced. Such is the case with education financing. The Education Committee has a new Chair, Representative Dave Sharpe of Bristol. Dave was a member of the Ways and Means Committee for many years and brings valuable experience with taxation to his new role. At the same time the House Rules Committee revised the authority of the Education Committee over education financing. Previously, the Ed Committee made education policy and the Ways and Means Committee addressed the financing. The new arrangement will allow a comprehensive approach to this high priority problem. The committee has already heard from many individuals and organizations and is expected to draft a bill in the next few weeks. Already a change in approach is emerging. Whereas the current method requires setting the statewide property tax rate to be set according to the total amount of school budgets throughout the state, the committee is looking at fixing a statewide property tax rate to raise a given per-pupil amount which would be allocated to school districts regardless of the size of the budgets that they pass. Needless to say, the devil is in the details, and we'll be hearing more about this topic before anything is settled.

 



Presenting: Ethan Lisle, Olivia Zubarik, Charlie Cantor,
and Schuyler EdgarHolmes with Schuyler's
 Mom, Deirdre Holmes, working the projector.

It was also a pleasure to see a contingent from the CCS 6^th

Grade present their report on composting at the Statehouse during the Farm to School awards presentation last week. CCS was awarded a grant last year and the composting project was the result. Kudos to the whole 6^th Grade team!

 

 

 

I continue to welcome your thoughts and questions and can be reached by phone (802-233-5238) or by email (myantachka.dfa@gmail.com).

The Word in the House 1/21/2015 - Setting the Stage for Environmental Action

Many observers were disappointed when Governor Shumlin's inaugural speech barely mentioned the three issues that were foremost in Vermonters' minds in 2014: property taxes, education spending and health care. Instead, his inaugural speech focused primarily on the environment. He began by laying out his "agenda for progress" emphasizing the positive accomplishments in the growth of the renewable energy industry in Vermont with an accompanying 15,000 new jobs, "pioneering the development and deployment of locally generated, low carbon energy, creating jobs and putting money in Vermonter’s pockets while we do it.” He noted that while neighboring New England states are seeing double-digit increases in electric rates, Green Mountain Power, Vermont's largest utility has reduced rates by more than 2%. He is proposing a new Energy Innovation Program (EIP) to replace the SPEED (Sustainably Priced Energy Enterprise Development) program which was responsible for the strong growth of Vermont's renewable energy industry and which expires in 2017. If implemented, the EIP is projected to: Create over 1,000 new jobs; Save Vermonters hundreds of millions of dollars on their energy bills; and Cut greenhouse gas emissions by approximately 15 million metric tons, nearly a quarter of the reduction needed for Vermont to be on track to meet its 2050 climate goal. To this end the House Natural Resources and Energy Committee on which I serve will be taking up a bill this week to create the new renewable energy standard for the future.

The second part of his agenda focused on the cleanup of Vermont's waterways, especially Lake Champlain. Lake Champlain is a critical part of our economy and its protection is vital to keeping Vermont the place we know, enjoy and love. We all know of the problems with blue-green algae blooms in the northern part of the lake and in Lake Memphremagog. This is due to excess phosphorus loading that originates primarily as a result of runoff from farms and impervious surfaces like roads and parking lots. Together these sources are responsible for 70% of the phosphorus that flows into Lake Champlain from its streams and tributaries. The EPA has put Vermont on notice that it is in violation of clean water standards and we have to move now to clean it up. As Governor Shumlin said in his speech, "If we don't do it, it will be done to us." The Administration will work to implement the Lake Champlain restoration plan submitted to the EPA last spring, the most comprehensive and strategic effort yet undertaken by Vermont to protect and restore the state’s waters. It will include assistance to farmers and municipalities as well as provide strong regulatory enforcement. The Natural Resources and Energy Committee will be working in tandem with the Fish, Wildlife and Water Resources Committee and the Agriculture and Forestry Committee to address this issue.

A week after his inaugural address, Governor Shumlin delivered his budget address and did put a spotlight on property taxes, education spending and health care. In addition to a balanced budget that closes a $94 million budget gap, the Governor laid out the rest of his aggressive agenda that includes proposals to cut in half the Medicaid cost shift, reduce private health insurance premiums, help get school spending under control, eliminate the cost of an associate’s degree for some Vermont students to provide Vermont employers a pipeline of skilled workers, and increase economic development incentives. I plan to address this part of his agenda in a future article.

Legislative Report 4/24/2014 - Focusing on Water Quality

For more than two decades Vermont has worked to clean up its lakes, streams and rivers with various degrees of success.  Gone are the days when sewage and industrial effluents were discharged directly into streams and rivers.  Yet we still have much further to go to prevent conditions that lead to toxic algae blooms in lakes and ponds and to high nitrogen levels in the Connecticut River that result in oxygen depleted dead zones in Long Island Sound. 

One measure of water quality is the amount of nutrients, i.e. phosphates and nitrogen compounds, in a body of water that contribute to algae growth.  Limits on these nutrients are set by the Environmental Protection Agency to ensure that water quality is maintained at an acceptable level.  This limit is called the total maximum daily load, or TMDL. Despite the state’s reaching one-third of the TMDL goal in less than 10 years, the EPA revoked approval of the initial TMDL plan for Lake Champlain in 2011 because of ongoing problems such as the algae blooms.  Vermont had until the end of March this year to submit a new plan, and the Vermont Department of Environmental Conservation did so. 

The VDEC issued a report documenting the sources of the nutrients flowing into Lake Champlain.  The report showed that about 3% of the nutrients are coming from municipal sewage treatment facilities, about 10% from impervious surfaces such as roads and parking lots, another 10% from developed land, about 20% from river and streambank erosion during significant storm events, and about 40% from agricultural operations.  VDEC proposed a 20 year implementation plan with an estimated cost of $150M.  In order to accomplish these goals, legislative action is also needed.

Last week the House passed H.586 to address improving the quality of the state’s waters in a comprehensive manner.  Much of the responsibility and cost for meeting the new EPA TMDL may fall on Vermont’s farmers, who likely will be subject to additional requirements under the accepted agricultural practices (AAPs) and other agricultural water quality rules.  Although the AAP rules were adopted in 1995, the legislature found a general lack of awareness in the “small farm” community about the AAPs.  The bill directs the Vermont Agency of Agriculture, Food and Markets to educate small farm operators in the State about the requirements of the AAPs.  This will include identifying cost-effective strategies, best management practices and conservation practices of cover cropping, grassed waterways, manure drag lines and injection, no-till production, and contour plowing.  It also establishes a small farm certification program to ensure compliance with AAPs.

While additional state and federal assistance is necessary to help bring farms into compliance, including technical and financial assistance to encourage small farms to adopt and implement nutrient management plans, funding mechanisms were removed from the bill by amendments proposed by the Ways and Means committee.  A quarter percent increase in the Rooms and Meals tax and a one percent increase on the automobile rental tax were stripped from the bill that came out of the Fish Wildlife and Water Resources committee.  The bill now recommends establishing financing mechanisms between now and January 15, 2015, to implement the provisions of the bill.

The bill is now in the hands of the Senate.  Like the Shorelands Protection bill, H.526, which passed the House last year, was modified by the Senate and sent to a conference committee to work out the differences, H.586 is likely to be amended before final passage.  If differences cannot be worked out before the end of the session in May, the bill will die and will have to be reintroduced next year as a new bill.  In the meantime, nutrients will continue to flow into Lake Champlain and we will continue to see toxic algae blooms.

On a lighter note, the Charlotte Whale has a new companion.  The Charlotte Whale was designated as the State Fossil in 1993 and is housed at the Perkins Geology Museum at UVM.  A bill passed last week redesignated the Charlotte Whale as the State “Marine” Fossil and named the Mount Holly Wooly Mammoth as the State “Terrestrial” Fossil.  The Mammoth is on display at the Mount Holly Historical Society Museum.

The Word in the House 4/18/2013 - Protecting Our Shorelands

Charlotte residents have had a wonderful opportunity to learn about the nature of our local streams and habitats through the monthly WatershED events organized by Joanna Cummings.  Lake Champlain is a priceless resource for Charlotte, and we need to protect its waters as well as recognize the challenges of doing so.  I’ve received several inquiries about the Shoreland Protection Bill, H.526, and its implications for Charlotte, so I will explain why the bill is important and what it does.

Lake Champlain is, of course, the largest of Vermont’s lakes.  However, there are hundreds of smaller lakes and ponds in Vermont whose water quality is equally important.  Many of these bodies feed streams and rivers that empty into Lake Champlain, Lake Memphremagog, or the Connecticut River.  Vermont has fallen behind in shoreland protection, not only in the northeastern states but in the nation as well. Only 17% of Vermont shoreland is in good condition compared to 42% regionally and 35% nationally. While New Hampshire, Maine, Massachusetts, Rhode Island and Connecticut all have shoreland protection standards, Vermont does not. Vermont did put shoreland standards in the statutes in 1971 but these were repealed in 1976. Maine and New Hampshire borrowed our statute language to create their own in 1971 and now boast lakes and ponds of significantly better health than ours. 

H.526 seeks to provide standards for shoreland development to provide adequate vegetative cover to filter out the effects of nutrients, phosphorus, sediment, organic matter, pesticides and other pollutants.  Setbacks for buildings and impervious surfaces are an important part of the equation.  A 100’ vegetative buffer absorbs 73% of run off; a lawn only 18%.  When a shoreline is cleared, it opens the floodgates to 18x more sediment, 5x more runoff and 7x more phosphorus.  Furthermore, overhanging branches help to keep the water cool and prevent algae and plant growth that thrive in warm sunny places. They provide critical habitat for aquatic life, an early signal of a lake’s deterioration. A natural shoreline is necessary for species such as loons, kingfishers and otters.  The deep and diverse roots of trees and shrubs also promote bank stability and flood resilience by protecting banks from erosion.  Better lake quality also improves and maintains better property values.

To accomplish these goals, H.526 does the following:

• Requires after January 1, 2015, a permit from the Agency of Natural Resources (ANR) for the creation or expansion of more than 500 square feet of impervious surface (buildings or clearings) within 250 feet of the mean water level of a lake that is greater than 10 acres in surface area.
• Requires ANR to adopt standards for the construction of impervious surface in a protected shoreland area by January 1, 2015, with public participation by affected stakeholders and other interested persons through hearings and other forms of communication.
• Delegates permitting authority to municipalities provided that the municipal standards are at least as stringent as those adopted by ANR.
• Requires municipalities without shoreland development standards to adopt standards in conformance with ANR standards by January 1, 2015.
• Grandfathers shoreland development existing before January 1, 2015.

 

Exceptions to shoreland development standards were allowed for certain emergency repairs to adjacent roads or property and for areas of the state where mosquito populations create a public health hazard provided that Vermont wetland rules are followed.  Charlotte already has a 100 foot setback requirement for shoreland development.  Regulations regarding thinning and pruning will need to be developed, but Charlotte will likely be a allowed to administer its own regulations.  ANR has provided an excellent FAQ (frequently asked questions) document to which I have provided a link at my website.

Much of the quality issues surrounding Lake Champlain are due to the tremendous amounts of nutrients flowing into the lake from rivers and streams.  H.526 has been criticized for not addressing those sources of pollution.  As Representative David Mears Dean* (Chair of the House Fish, Wildlife and Water Resources Committee) stated, we have only a limited amount of time in the legislative session, and this piece of the water quality issue was all the committee had time to work on this year.  The committee intends to work on a corresponding rivers and streams bill in 2014.

I have heard from many of you on a variety of topics and continue to welcome your input. I will be at the Charlotte Library on Saturday, April 20, from 10 AM until noon if you would like to meet with me. You can email me at myantachka.dfa@gmail.com or call me at 425-3960.

* Note: I mistakenly used the name of the Commissioner of the Vermont Dept of Environmental Conservation in my article published in the April 18, 2013, issue of The Citizen.