Showing posts with label working landscapes. Show all posts
Showing posts with label working landscapes. Show all posts

Legislative Report 3/21/2022 - Reaching crossover, Environmental bills score big

 

As the Legislature hit the crossover date last week, House committees were busy finalizing work on the dozens of bills they had been working on since January. The once-a-decade legislative reapportionment bill was finalized and passed, and the Charlotte-Hinesburg district, Chittenden 5, again contains all of Charlotte and a slightly larger portion of Hinesburg, running along the west side of Baldwin Road from the Monkton line to Burritt Road. (Map)

 

Among the many bills that passed and were sent on to the Senate, were several that touched on the environment and our efforts to address the climate change crisis. The Municipal Efficiency Resilience Initiative (H.518) passed unanimously to help municipalities assess the energy efficiency of their buildings and apply for grants to weatherize, reduce operation and maintenance costs, enhance comfort, and reduce energy use by improving heating, cooling, and ventilation systems. The Clean Heat Standard bill (H.715) also passed with a strong 96 to 44 vote to help homeowners, renters and commercial properties reduce their dependence on fossil fuels for heating.

 

The Natural Resources, Fish and Wildlife Committee sponsored several important bills including H.500, which prohibits the sale, starting in 2024, of four-foot linear fluorescent lamps in Vermont for which LEDs are available. All fluorescent lamps contain mercury and can create an immediate public health and environmental hazard when they accidentally break during installation, use, transportation, storage, recycling, or disposal. Light-emitting diode (LED) replacements for fluorescent lamps do not contain any mercury. Another bill, H.523, seeks to reduce hydrofluorocarbon emissions. Hydrofluorocarbons are potent greenhouse gases and enter the atmosphere as leakage from cooling systems. Products that contain hydrofluorocarbons for use in refrigeration systems and auto air conditioners are prohibited starting in 2024. Alternative refrigerant products are available.

 

Forests play an important role in Vermont’s working landscape, and in its tourist and recreation economy. Currently only actively managed forests are

A view of Camels Hump from Niquette State
Park.   Photo by Mike Yantachka

 eligible for enrollment in the Use Value Appraisal (Current Use) program. Forests that exhibit old forest characteristics can provide unique contributions to biodiversity, contribute to the climate resilience and adaptive capacity of Vermont’s working landscape, and serve as ecological benchmarks against which to measure active management of Vermont’s forests. The House passed H.697 which creates a pilot program to extend eligibility for current use for forest parcels that are left wild and meet certain criteria with the approval of the Commissioner of Forests, Parks and Recreation.

 

This forest program will complement nicely another bill, H.606, the Community Resilience and Biodiversity Protection Act. Nature is facing a catastrophic loss of biodiversity, both globally and locally. In addition to its intrinsic value, biodiversity is essential to human survival. According to the United Nations one million species of plants and animals are threatened with extinction, and human activity has altered almost 75 percent of the Earth’s surface, squeezing wildlife and nature into ever-smaller natural areas of the planet. The health of ecosystems on which humans and all other species depend is deteriorating more rapidly than ever, affecting the very foundations of economies, livelihoods, food security, health, and quality of life worldwide. The causes of the drivers of changes in nature rank as: (1) changes in land and sea use, (2) direct exploitation of organisms, (3) climate change, (4) pollution, and (5) invasive species. According to the Nature Conservancy Vermont plays a key role in the conservation of biodiversity regionally.  H.606 sets a goal of conserving thirty percent of Vermont’s total land area by 2030 and 50 percent by 2050, including state, federal, municipal, and private land. It requires the Agency of Natural Resources to develop a plan by the end of 2023 with public input from all stakeholders. These bills and many others now move to the Senate.


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

Catching up - Renewable Energy & Landscape; Wind Turbine Noise

It appears that I have been remiss in updating my website with articles I wrote for the Charlotte News over the summer. The two articles below were published as commentaries rather than Legislative Reports.  Read on.



Report from the Legislature
-- Rep. Mike Yantachka
10/27/2017

Blowing in the Autumn Wind

Although the legislature is not in session, many legislators serve on special committees that meet between sessions. The Legislative Committee on Administrative Rules (LCAR) is one such committee, and it's been keeping me busy this summer. LCAR consists of four Senators and four Representatives and is responsible for reviewing rules proposed by agencies of the executive branch of state government. Rules spell out the process by which an agency administers laws. Examples include the health standards of hotel accommodations, licensing of professionals, and standards for fuel oil tanks in our homes. It is LCAR's job to review the rules to ensure that


(1) the rule is not arbitrary,
(2) the rule is within the authority delegated to the agency,
(3) the rule is not contrary to the intent of the legislature,
(4) the agency provided an opportunity for maximizing public input,
(5) the rule is written in a satisfactory style, and
(6) the rule is accompanied by an adequate economic impact statement.


While many rules are fairly straightforward, others generate a substantial amount of contention and involve lots of analysis, testimony, and legalistic considerations. LCAR is not a policy-making committee and can only object to a rule or a portion of a rule if it violates one of the criteria listed above. Some rules require more than one meeting to pass muster, and LCAR can point out shortcomings and ask for revisions.

One of the most complex rules we had to consider is the one dealing with limits on noise produced by wind turbines. This rule came before LCAR in May from the Public Utilities Commission (PUC) with close to a thousand pages of comments both pro and con and wasn't adopted until this week, after several LCAR objections to certain elements on the basis of being arbitrary or contrary to legislative intent. The objections focused on a setback, the maximum sound levels for nighttime and daytime, sound propagation modeling, and post-construction noise monitoring. I apologize at this point for the following very technical explanation of our consideration of this rule.

The PUC was tasked by the legislature in 2016 with determining maximum allowable noise levels near residences to safeguard public health. This legislation was passed in response to complaints by some residents living near existing utility-scale wind facilities. The PUC examined a variety of studies and heard testimony from numerous proponents, opponents, environmentalists, and developers. One provision required a wind turbine to be located no closer than ten times its height to the nearest residence, nearly a mile in the case of a utility-scale turbine. In addition, based on a 30 decibel indoor World Health Organization criterion for undisturbed sleep and an assumption that sound levels would attenuate, i.e. diminish, by 10 – 15 decibels from the exterior of a residence to the interior, the PUC set the nighttime limit to a more conservative 39 decibels measured 100 feet from a residence. They also assumed that using a Noise Reduction Operation (NRO) mode, turbine noise could be reduced by 3 decibels, and therefore set the daytime limit to 42 decibels. To obtain a Certificate of Public Good (CPG), a developer would be required to model the sound propagation using a standard acoustic model based on the location of every proposed turbine and existing residence using the maximum output noise level of the turbines. If the CPG were granted and the turbines built, the developer would then have to conduct measurements of the turbine sound filtering out ambient, i.e. background, sounds according to a specific protocol. Up to 200 measurements per second would be taken over several hours both during the day and at night and then analyzed and reported to the PUC periodically. You can imagine the detail that LCAR had to deal with in evaluating whether the rules as proposed satisfied the criteria above.

In objecting to the ten times height setback rule, the majority of LCAR members agreed that a distance requirement was arbitrary because there is no direct correlation between distance and sound levels. The sound levels in general decrease with distance, but the amount of decrease depends on topography, atmospheric conditions, temperature and season. In setting sound level limits, the committee agreed that decibel levels at a residence were an appropriate standard, but not distance. Setbacks are appropriate for safety and other considerations, but not for sound levels, which is what this rule deals with.

The sound level limits themselves were considered to be somewhat arbitrary in that there were various studies that specified different attenuation estimates from outside to inside. Furthermore, the most conservative values were used by the PUC, and the estimated uncertainty in both the modeling algorithm and the manufacturer's specifications would have to be added to the model results. Environmental groups asserted that the rules would effectively preclude utility-scale wind development in Vermont. That result would be contrary to the intent of the legislature which recognizes in statute that large wind generation is an effective and competitive source of renewable energy.

Other objections were raised because the rules were not clear as to why the monitoring data had to be so granular (200 data points/second) and what constituted a violation of the sound level limits. The PUC responded to LCAR's objections with modification to the rules to clarify modeling and monitoring protocols as well as to remove the setback requirement which they agreed was redundant with the sound limits. The use of the NRO mode to model nighttime levels was allowed, and the modeling and manufacturer uncertainties will be used as guidance rather than as a penalty for the modeling results. The monitoring measurements will be done in 1 second intervals to reduce the amount of data which will be averaged over 2 hours of data to determine actual noise levels. With these changes to the rule, LCAR voted to approve them.

Unfortunately, the conservative application of the nine decibel exterior-interior attenuation was not changed. However, since enough of the conservative assumptions were mitigated, and since the PUC asserted that the rule would not preclude utility-scale wind projects in Vermont, I felt that the rule met the criteria for approval and voted in the affirmative.

As always, feel free to contact me anytime. I can be reached by phone (802-233-5238) or by email (myantachka.dfa@gmail.com). 



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Commentary
-- Rep. Mike Yantachka
9/10/2017

Renewable Energy In Our Working Landscape

I was disappointed to read about the Public Utility Commission's denial of a Certificate of Public Good (CPG) for the proposed solar array off Route 7 near Mount Philo. Viewed from the western overlook of Mount Philo, the area covered by the solar array would look no larger than a postage stamp in the expanse. While I understand the desire to maintain the magnificent views of the Champlain Valley from the park's overlooks, I question our inability to accept renewable energy infrastructure as part of Vermont’s working landscape. Why is it that we accept certain man-made structures such as barns, silos, inns, etc., as acceptable and others such as a solar array as blights on the landscape? If the landowner were to erect a number of hoop houses covering the same area for growing plants, the visual effect would be about the same but probably would not elicit a peep from the public.

I think a lot of this attitude has to do with what we're used to seeing. How often do we notice the utility poles that line our roadways? We may not like how a gas station convenience store along Route 7 looks, but we are willing to accept it. These structures could be considered unsightly, but we don't object to them because we see them as being necessary for providing the services we value.

The two super-storms of Harvey and Irma, whose power was magnified by the warming oceans, are the most recent extreme effects of climate change. There is no denying that climate change is being caused by the exponential increase in our use of fossil fuels over the last 150 years. Many people choose to take actions to mitigate their own carbon footprint, such as improving the energy efficiency of their homes, installing solar panels or small wind turbines for household use, driving an electric vehicle (EV) or using alternative transportation. While these individual actions help, they have a limited effect even when taken cumulatively because they are often unavailable to the majority of people due to factors such as income, availability, location, or circumstance. For example, it doesn't make sense for a renter to install solar panels or a heat pump in their unit. Likewise, landlords don't have the incentive because renters are generally responsible for their own utility bills. As a result, to achieve the renewable energy goals we desire, there have to be societal efforts to provide opportunities for those who are otherwise shut out of the renewable energy economy. Climate change is a global problem with society-wide consequences, and it will take society-wide efforts to address it.

This is where large scale solar and wind power can help. Currently 55% of our electricity comes from renewable sources. About 25% of Vermont's electrical energy comes from hydro power, 20% from biomass, 8% from wind and about 2% from solar. Vermont has a statutory goal of reaching 75% renewable electric energy by 2032. Our utilities are required to reach this goal by the Renewable Energy Standard Act (Act 56) of 2015. Achieving these goals will reduce greenhouse gas emissions, improve public health, create more high paying jobs that already make up 5% of our workforce, and improve the reliability of our electrical system through distributed generation. While solar net metering and wind are currently a small part of our energy mix, they are the fastest growing segment of our renewable energy economy.

However, there seems to be a disconnect between our desire to achieve these goals and our acceptance of the necessary infrastructure. Just as we have become used to seeing a variety of alterations to our landscape from buildings, roads, and utility poles, we need to start seeing solar arrays and wind towers as part of our working landscape too. They don’t have to be everywhere, but they need to be somewhere. A harvest of solar energy is just as useful and valuable as a harvest of corn, barley, hay or grapes. A line of wind turbines on a ridge brings as much or more to our lifestyle as the ski trails cut into a mountainside. To meet our current and future energy needs, only a small fraction of our landscape is required for this infrastructure. Kingdom Community Wind in Lowell, the largest wind farm in the state, occupies only 4 of Vermont’s 400 miles of ridgelines. Over time, I expect that we will get used to seeing these elements as part of the Vermont character. This needs to happen sooner than later.  

The Word in the House 2/15/2016 - Entrepreneurial Success from Working Lands


Results Based Accountability (RBA) is an assessment method the Legislature is using to evaluate the effectiveness of state government programs. Each House committee has been asked to review programs under its jurisdiction based on three questions: How much did we do? How well did we do it? Is anyone better off? The House Natural Resources & Energy Committee had the opportunity to hear a report of the Working Lands Enterprise Board on its activities supporting the economy of rural Vermont.

The Board and the Working Lands Enterprise Fund (WLEF) were established by Act 142 in 2012 for the purpose of growing “the economies, cultures, and communities of Vermont’s working landscape by making essential, catalytic investments in … Vermont’s farm and forest economy.” This is done by providing access to capital, technical assistance, and workforce development together with policies that optimize the agricultural and forest use of Vermont lands while protecting human, environmental and animal health. Business grants are available for startup and emerging working lands businesses for infrastructure, marketing, and research and development. Service provider grants are available for non-profit, educational, private sector groups or partnerships that provide technical assistance to Vermont working lands businesses.

Since Act 142 went into effect in 2012 $3.2M in Working Lands funds were distributed to 112 agricultural and forestry projects throughout all 14 counties in Vermont. These investments leveraged another $4.9M in matching funds resulting in 106 new jobs to date with a corresponding $12M in aggregated gross income. As projects currently committed are completed and others continue to grow, an additional 124 jobs are expected to be created.

The presentation of the report to our committee included two entrepreneurs from the food industry and two from the forest products industry who recounted how their businesses were helped not only by grants, but by the connections made through the Working Lands Coalition. For example, Screamin’ Ridge Farm in Montpelier is a vertically integrated seed to plate business that grows vegetables using sustainable practices to produce the Joe’s Kitchen line of soup products. Two grants of $15,000 and $50,000 over 2 years helped the farm purchase equipment to boost production by 500%, hire 3 full time employees, and provide a market for locally grown vegetables from other farms. Similarly, a timber harvester and a timber frame manufacturer had both received equipment grants from the WLEF. With sawmills closing throughout the northeast, the harvester was in jeopardy of losing his business. At the same time Winterwood Timberframes was having a hard time sourcing quality logs for its operation. Through the Working Lands Coalition, they connected with each other for their mutual benefit.

Two of the businesses that were helped through the WLEF in Chittenden County include the Bread & Butter Farm on Cheese Factory Road in Shelburne and Maple Wind Farm in Richmond. The Bread & Butter Farm received $7250 to build a wash, pack and processing kitchen for vegetables, and to develop on-farm events and educational programs. Maple Wind Farm received $67,400 for upgrades including a blast chiller for poultry, increased freezer capacity, processing equipment, and a small retail building for their agricultural tourism business. With the help of seed money from the WLEF to leverage loans and by finding ways to add value to their basic agricultural operations, these entrepreneurs were able to expand their businesses, grow jobs, and pump more money into the local economy. Through programs like these Vermont has developed a strong reputation for food products, craft beer and cheese, artisanal wood products and other products that depend on our working lands and has made good use of taxpayer money.

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

The Word in the House 4/9/2012 - Working Landscapes

The defining characteristic of Vermont is its rural nature and the connection Vermonters have to their environment.  The Working Lands Enterprise Investment Bill, H.496, passed by the House recently, recognizes this relationship and provides support to stimulate a concerted economic development effort on behalf of Vermont’s agriculture and forest products sectors.  It will assist entrepreneurism, business development, and job creation in these sectors.

Vermont is currently in the midst of an agricultural renaissance and is at the forefront of the local foods movement.  Much of this activity takes place in our own communities of Charlotte, Hinesburg, and surrounding towns.  The conversion of agricultural and forest products into value-added products within Vermont’s borders represents further economic and employment opportunities.  About 7,000 jobs exist in the forest products sector and about 57,000 are related to the food system.

H.496 makes an investment in Vermont’s working landscape by creating the Working Lands Enterprise Fund and a Working Lands Enterprise Board.  The fund, initially appropriated at $2.1 million, will be used for direct investment in working lands enterprises.  Approximately $550,000 will provide grants to entrepreneurs, including grants to leverage private capital, to jump-start new businesses, to help beginning farmers access land, and to support diversification projects to add value to farm and forest commodities.  Another $350,000 is allocated for “wrap-around” services to growth companies, including technical assistance, business planning, and financing required by companies ready to transition to the next stage of growth.  $800,000 is included for state infrastructure investments, including investment in private and non-profit sectors for creative diversification projects and value-added manufacturing, processing, storage and distribution.  Finally, about $382,000 is allocated for administration by the Agency of Agriculture.

The Working Lands Enterprise board would oversee and administer the fund and coordinate the enterprise development efforts throughout the state.  In addition to promoting the activities described above, it would also establish and evaluate criteria and benchmarks for investments and solicit appropriate perspectives and information from experts.  The board will replace the Agriculture Innovation Center which had similar but more limited responsibilities.

The investment in Vermont’s working landscape will ensure that Vermont will retain its rural and natural character and will continue to represent the vision that people associate with our state, contributing to the tourism sector of our economy in the process. 

On the redistricting front, there were changes to both the House and Senate redistricting plans that affect Charlotte and Hinesburg.  After much deliberation and review of the deviations from the ideal district sizes, the House Government Operations committee presented their final version of the redistricting plan.  One of the changes was the expansion of the section of Hinesburg attached to the Charlotte house district.  In this final version the southwestern portion of Hinesburg bordered by Drinkwater Rd, Baldwin Rd, and the Monkton town line with 33 residents will remain in the Charlotte district.  The rest of Hinesburg will comprise the other district.

The Senate finally voted its reapportionment plan out of its Government Operations committee.  In order to balance the population changes, Chittenden County had to cede part of its population to Addison County.  The new plan joins Huntington and Buels Gore to the Addison County senatorial district instead of Charlotte, which will remain in the Chittenden County senatorial district.