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House Calendar
Tuesday, February 11, 2014
36th DAY OF THE ADJOURNED SESSION
House Convenes at 10:00 A.M.
TABLE OF CONTENTS
Page No.
ACTION CALENDAR
Third Reading
H. 88
Parental rights and responsibilities involving a child conceived as a
result of a sexual assault ................................................................................ 469
H. 347
Veterinary dentistry ........................................................................... 469
H. 576
Applications for the Lifeline program ............................................... 469
Favorable with Amendment
H. 739
Rulemaking by the Judicial Nominating Board ................................ 469
Rep. Higley for Government Operations
Action Postponed Until February 12, 2014
Third Reading
H. 612
Gas Pipeline Safety Program penalties ............................................. 470
NOTICE CALENDAR
Favorable with Amendment
H. 542
The taxation of soil amendments ....................................................... 470
Rep. Stevens for Agriculture and Forest Products
H. 640
Technical corrections ........................................................................ 471
Rep. Higley for Government Operations
H. 809
Designation of new town centers and growth centers ....................... 482
Rep. Ellis for Natural Resources and Energy
Senate Proposal of Amendment
H. 655
Fiscal year 2014 budget adjustments ................................................. 508
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ORDERS OF THE DAY
ACTION CALENDAR
Third Reading
H. 88
An act relating to parental rights and responsibilities involving a child
conceived as a result of a sexual assault
H. 347
An act relating to veterinary dentistry
H. 576
An act relating to applications for the Lifeline program
Favorable with Amendment
H. 739
An act relating to rulemaking by the Judicial Nominating Board
Rep. Higley of Lowell,
for the Committee on
Government Operations,
recommends the bill be amended by striking all after the enacting clause and
inserting in lieu thereof the following:
Sec. 1.
4 V.S.A. § 601(d) is amended to read:
(d)
The Judicial Nominating Board shall adopt rules under 3 V.S.A. chapter
25 which that shall establish criteria and standards for the nomination of
qualified candidates for justices Justices of the supreme Supreme Court,
superior Superior Court judges, magistrates Magistrates, the Chair of the
Public Service Board, and members of the Public Service Board.
The criteria
and standards shall include such factors as integrity, legal knowledge and
ability,
judicial
temperament,
impartiality,
health,
experience,
diligence,
administrative and communicative skills, social consciousness, and public
service.
The application form shall not be included in the rules and may be
developed and periodically revised at the discretion of the Board.
Sec. 2.
EFFECTIVE DATE
This act shall take effect on passage.
( Committee Vote: 11-0-0)
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Action Postponed Until February 12, 2014
Third Reading
H. 612
An act relating to Gas Pipeline Safety Program penalties
NOTICE CALENDAR
Favorable with Amendment
H. 542
An act relating to the taxation of soil amendments
Rep. Stevens of Shoreham,
for the Committee on
Agriculture and Forest
Products,
recommends the bill be amended by striking all after the enacting
clause and inserting in lieu thereof the following:
Sec. 1.
32 V.S.A. § 9701(48)–(50) are added to read:
(48)
Compost:
means a stable humus-like material produced by the
controlled
biological
decomposition
of
organic
matter
through
active
management, but does not mean sewage, septage, or materials derived from
sewage or septage.
(49)
Manipulated animal manure:
means manure that is ground,
pelletized, mechanically dried, or consists of separated solids.
(50)
Perlite:
means a lightweight granular material made of volcanic
material expanded by heat treatment for use in growing media.
(51)
Planting mix:
means material that is:
(A)
used in the production of plants; and
(B)
made substantially from compost, peat moss, or coir and other
ingredients
that
contribute
to
fertility
and
porosity,
including
perlite,
vermiculite, and other similar materials.
(52)
Vermiculite:
means a lightweight mica product expanded by heat
treatment for use in growing media.
Sec. 2.
32 V.S.A. § 9741 is amended to read:
§ 9741.
SALES NOT COVERED
Retail sales and use of the following shall be exempt from the tax on retail
sales imposed under section 9771 of this title and the use tax imposed under
section 9773 of this title.
* * *
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(3)
Agriculture
feeds,; seed,; plants,; baler
twine,; silage
bags,;
agricultural wrap,; sheets of plastic for bunker covers,; liming materials,;
breeding and other livestock,; semen breeding fees,; baby chicks,; turkey
poults,; agriculture chemicals other than pesticides,; veterinary supplies, and;
bedding; clean high carbon bulking agents, as that term is used in the Agency
of Natural Resources Solid Waste Management Rules, used for composting;
food residuals used for composting or on-farm energy production; and
fertilizers and pesticides for use and consumption directly in the production for
sale of tangible personal property on farms, including stock, dairy, poultry,
fruit and truck farms, orchards, nurseries, or in greenhouses or other similar
structures
used primarily
for
the
raising
of
agricultural
or
horticultural
commodities for sale.
* * *
(49)
Sales of compost, animal manure, manipulated animal manure, and
potting soil.
Sec. 3.
APPLICATION OF SALES TAX; COMPOST
Notwithstanding the imposition under 32 V.S.A. § 9771 of the sales and use
tax on the sale of composting for farming, the Department of Taxes shall not
impose or collect the sales and use tax on the sale of compost for farming that
occurred between January 1, 2012 and July 1, 2014, and taxes paid on such
charges shall be refunded upon request if made within the statute of limitations
and documented to the satisfaction of the Commissioner of Taxes.
As used in
this section, “compost” shall have the same meaning as defined in 10 V.S.A.
§ 1266b(1) and “farming” shall have the same meaning as defined in 10 V.S.A.
§ 6001(22).
Sec. 4.
EFFECTIVE DATE
This act shall take effect on July 1, 2014.
( Committee Vote: 11-0-0)
H. 640
An act relating to technical corrections
Rep. Higley of Lowell,
for the Committee on
Government Operations,
recommends the bill be amended by striking all after the enacting clause and
inserting in lieu thereof the following:
Sec. 1.
3 V.S.A. § 253 is amended to read:
§ 253.
DEPUTY OFFICERS
* * *
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(c)(1)
The Commissioner of Financial Regulation, with the approval of the
governor Governor, shall appoint a Deputy Commissioner of Banking, a
Deputy Commissioner of Insurance, a Deputy Commissioner of Captive
Insurance, and a
Deputy
Commissioner
of
Securities,
and
a
Deputy
Commissioner of Health Care Administration.
The Commissioner of Financial
Regulation may remove the deputy commissioners at pleasure and shall be
responsible for their acts.
The functions and duties that relate to banks and
banking shall be in the charge of the Deputy Commissioner of Banking; those
that relate to the business of insurance shall be in the charge of the Deputy
Commissioner of Insurance; those that relate to the business of captive
insurance shall be in the charge of the Deputy Commissioner of Captive
Insurance; and those that relate to the business of securities shall be in the
charge of the Deputy Commissioner of Securities; and those that relate to
health care administration shall be in the charge of the Deputy Commissioner
of health care administration.
(2)
In the case of a vacancy in the Office of the Commissioner of
Financial Regulation, one of the deputies appointed by the Commissioner shall
assume and discharge the duties of that office until the vacancy is filled or the
Commissioner returns.
(d)
In case a vacancy occurs in the office of any appointing official who by
law is authorized to appoint a deputy, or such the official is absent, his or her
deputy shall assume and discharge the duties of such office until such the
vacancy is filled, or such the official returns.
In the case of a vacancy in the
office of the Commissioner of Financial Regulation, one of the deputies
appointed by the Commissioner shall assume and discharge the duties of that
office until the vacancy is filled or the Commissioner returns. In case a
vacancy occurs in the office of the Secretary of Agriculture, Food and Markets,
the Deputy Commissioner for administration and enforcement shall assume
and discharge the duties of the Secretary until such vacancy is filled, or the
Secretary returns.
(e)(1)
The Secretary of Agriculture, Food and Markets, with the approval
of the Governor, shall appoint a Deputy Commissioner for administration and
enforcement Secretary.
The Secretary of Agriculture, Food and Markets may
remove the Deputy Commissioner Secretary at pleasure, and he or she shall be
responsible for the Deputy Commissioner’s Secretary’s acts.
The Agency of
Agriculture, Food and Markets shall be so organized that, subject to the
supervision of the Secretary of Agriculture, Food and Markets, the functions
and duties that relate to administration and enforcement shall be in the charge
of the Deputy Commissioner of Administration and Enforcement Secretary.
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(2)
In case a vacancy occurs in the Office of the Secretary of
Agriculture, Food and Markets, the Deputy Secretary shall assume and
discharge the duties of the Secretary until such vacancy is filled or the
Secretary returns.
* * *
Sec. 2.
3 V.S.A. § 471(m) is amended to read:
(m)
The committee may authorize the loan of its securities pursuant to
securities lending agreements that provide for collateral consisting of cash or
securities issued or guaranteed by the United States U.S. government or its
agencies equal to 100 percent or more of the market value of the loaned
securities.
Cash collateral may be invested by the lending institution in
investments approved by the state treasurer State Treasurer.
Approval of
investments shall be made in accordance with the standard of care established
by the prudent investor rule under chapter 147 of Title 9 14A V.S.A. chapter 9.
Sec. 3.
3 V.S.A. § 472(a) is amended to read:
(a)
The members of the Vermont pension investment committee Pension
Investment Committee established in chapter 17 of this title shall be the
trustees of the funds created by this subchapter, 16 V.S.A. chapter 55 of
Title 16, and 24 V.S.A. chapter 125 of Title 24, and with respect to them may
invest and reinvest the assets of the fund Fund, and hold, purchase, sell, assign,
transfer, and dispose of the securities and investments in which the assets of
the fund Fund have been invested and reinvested.
Investments shall be made
in accordance with the standard of care established by the prudent investor rule
under chapter 147 of Title 9 14A V.S.A. chapter 9.
Sec. 4.
3 V.S.A. § 479(d) is amended to read:
(d)
After January 1, 2007, the State Treasurer may offer and administer a
dental benefit plan for retired members, beneficiaries, eligible dependents, and
eligible retirees of special affiliated groups and the dependents of members of
those groups who are eligible for coverage in the State Employee Group
Medical Benefit Plan.
The Plan shall be separate and apart from any dental
benefit plan offered to Vermont State employees.
The original plan of
benefits, and any changes thereto, shall be determined by the State Treasurer
with due consideration of recommendations from the Retired Employees’
Committee on Insurance established in section 636 of this title.
* * *
Sec. 5.
10 V.S.A. § 543(f)(3) is added to read:
(3)
Apprenticeship Program. The Vermont Apprenticeship Program
established under 21 V.S.A. chapter 13.
Awards under this subdivision may be
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used to fund the cost of apprenticeship-related instruction provided by the
Department of Labor.
Sec. 6.
10 V.S.A. § 905b(18) is amended to read:
(18)
study and investigate the wetlands of the State and cooperate with
municipalities, the general public, other agencies, and the Board in collecting
and compiling data relating to wetlands, propose to the Board specific
wetlands to be designated as Class I wetlands, issue or deny permits pursuant
to section 913 of this title and the rules authorized by this subdivision, issue
wetland determinations pursuant to section 914 of this title, issue orders
pursuant to section 1272 of this title, and in accordance with 3 V.S.A.
chapter 25, adopt rules to address the following:
* * *
Sec. 7.
10 V.S.A. § 1080 is amended to read:
§ 1080.
DEFINITIONS
As used in this chapter:
* * *
(4) “Engineer” means a professional engineer registered licensed under
Title 26 who has experience in the design and investigation of dams.
* * *
Sec. 8.
10 V.S.A. § 1087 is amended to read:
§ 1087.
REVIEW OF PLANS AND SPECIFICATIONS
Upon receipt of an application, the state State agency having jurisdiction
shall employ a registered licensed engineer experienced in the design and
investigation of dams to investigate the property, review the plans and
specifications, and make additional investigations as it considers necessary to
ensure that the project adequately provides for the public safety.
The engineer
shall report his or her findings to the agency.
Sec. 9.
10 V.S.A. § 1090 is amended to read:
§ 1090.
CONSTRUCTION SUPERVISION
The construction, alteration or other action authorized in section 1086 of
this title shall be supervised by a registered licensed engineer employed by the
applicant.
Upon completion of the authorized project, the engineer shall
certify to the agency having jurisdiction that the project has been completed in
conformance with the approved plans and specifications.
Sec. 10.
10 V.S.A. § 1105 is amended to read:
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§ 1105.
INSPECTION OF DAMS
The state State agency having jurisdiction shall employ an engineer to make
periodic inspections of nonfederal dams in the state State to determine their
condition and the extent, if any, to which they pose a potential or actual threat
to life and property, or shall promulgate adopt rules pursuant to 3 V.S.A.
chapter 25 of Title 3 to require an adequate level of inspection by an
independent registered licensed engineer
experienced
in
the
design
and
investigation of dams.
The agency shall provide the owner with the findings of
the inspection and any recommendations.
Sec. 11.
10 V.S.A. § 4255(a) is amended to read:
(a)
Vermont residents may apply for licenses on forms provided by the
Commissioner.
Fees for each license shall be:
(1)
Fishing license
$25.00
(2)
Hunting license
$25.00
(3)
Combination hunting and fishing license
$40.00
(4)
Big game licenses (all require a hunting license)
(A)
archery license
$23.00
(B)
muzzle loader license
$23.00
(C)
turkey license
$23.00
(D)
second muzzle loader license [Repealed.]
$17.00
(E)
second archery license [Repealed.]
$17.00
(F)
moose license
$100.00
(G)
early season bear tag
$5.00
(H)
additional deer archery tag
$23.00
* * *
Sec. 12.
13 V.S.A. § 3255(b) is amended to read:
(b)
In a prosecution for a crime defined in this chapter and in a prosecution
pursuant to sections 2601 and 2602 of this title, for human trafficking or
aggravated human trafficking under chapter 60 of this title, or for abuse or
exploitation of a vulnerable adult under 33 V.S.A. § 6913(b), if a defendant
proposes to offer evidence described in subdivision (a)(3) of this section, the
defendant shall prior to the introduction of such evidence file written notice of
intent to introduce that evidence, and the Court shall order an in camera
hearing to determine its admissibility.
All objections to materiality, credibility,
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and probative value shall be stated on the record by the prosecutor at the in
camera hearing, and the Court shall rule on the objections forthwith, and prior
to the taking of any other evidence.
Sec. 13.
16 V.S.A. § 1943(a) is amended to read:
(a)
The members of the Vermont pension investment committee Pension
Investment Committee established in 3 V.S.A. chapter 17 shall be the trustees
of the fund created by this subchapter, and with respect to them may invest and
reinvest the assets of the fund Fund, and hold, purchase, sell, assign, transfer,
and dispose of the securities and investments in which the assets of the fund
Fund have been invested and reinvested.
Investments shall be made in
accordance with the standard of care established by the prudent investor rule
Sec. 14.
18 V.S.A. § 7505(a) is amended to read:
(a)
In emergency circumstances where a certification by a physician is not
available
without
serious
and
unreasonable
delay,
and
when
personal
observation of the conduct of a person constitutes reasonable grounds to
believe that the person is a person in need of treatment, and he or she presents
an immediate risk of serious injury to himself or herself or others if not
restrained, a law enforcement officer or mental health professional may make
an application, not accompanied by a physician’s certificate, to any district or
superior Superior judge for a warrant for an immediate examination.
Sec. 15.
18 V.S.A. § 7801(a) is amended to read:
(a)
A patient who has been ordered hospitalized may apply for discharge to
the criminal division Family Division of the superior court Superior Court
within which the hospital is located.
A patient who has been ordered to receive
treatment other than hospitalization may apply for discharge to the criminal
division Family Division of the superior court Superior Court which originally
entered the order; the court Court in its discretion may transfer the matter, for
the convenience of witnesses or for other reasons, to the criminal division
Family Division of the superior court Superior Court within which the
treatment is centered or in which the patient resides.
Applications may be
made no sooner than 90 days after the issuance of an order of continued
treatment or no sooner than six months after the filing of a previous application
under this section.
Sec. 16.
18 V.S.A. § 7802 is amended to read:
§ 7802.
ADMINISTRATIVE REVIEW
The head of the hospital and the board shall cause the condition of every
patient to be reviewed as regularly as practicable, but not less often than every
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six months, and whenever the head of a hospital or the board certifies that the
patient is not a patient in need of further treatment, the patient shall be
discharged.
If requested by the patient all hearings by the board on the issue of
granting a discharge shall be on reasonable notice to the patient’s attorney who
shall be afforded an opportunity to attend.
In the absence of any attorney, the
board shall notify the criminal division Family Division of the superior court
Superior Court and an attorney shall be appointed as provided in section 7111
of this title.
Sec. 17.
18 V.S.A. § 9352(c) is amended to read:
(c)
Health information exchange operation.
VITL shall be designated in
the Health Information Technology Plan pursuant to section 9351 of this title
to operate the exclusive statewide health information exchange network for
this State.
The Secretary of Administration or designee shall enter into
procurement grant agreements with VITL pursuant to 8 V.S.A. § 4089k
Nothing in this chapter shall impede local community
providers from the exchange of electronic medical data.
Sec. 18.
19 V.S.A. § 38(a)(2) is amended to read:
(2)
a representative from the Division of for Historic Preservation
appointed by the Secretary of Commerce and Community Development;
Sec. 19.
20 V.S.A. § 3817 is amended to read:
§ 3817.
RULES ADOPTION AUTHORITY
The agency of agriculture, food and markets Agency of Human Services
may adopt rules to implement this subchapter.
Sec. 20.
21 V.S.A. § 2002(3) is amended to read:
(3)
“Full-time equivalent” or “FTE” means the number of employees
expressed as the number of employee hours worked during a calendar quarter
divided by 520. “Full-time equivalent” shall not include any employee hours
attributable to a seasonal employee or part-time employee of an employer who
offers health care coverage to all of its regular full-time employees, provided
that the seasonal employee or part-time employee has health care coverage
under either a private or any public plan except VHAP or Medicaid.
Sec. 21.
23 V.S.A. § 3318(c) is amended to read:
(c)
The provisions of this subchapter and the rules adopted pursuant to this
subchapter shall be enforced by law enforcement officers as defined in section
3302 of this title in accordance with the provisions of 12 V.S.A. chapter 193,
and they may also enforce the provisions of 10 V.S.A. § 1266 1454 and the
rules adopted pursuant to 10 V.S.A. § 1424.
With respect to the provisions of
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10 V.S.A. § 1266 1454
and the rules adopted pursuant to 10 V.S.A. § 1424,
whenever a penalty for a violation of such a rule is not otherwise established,
three superior Superior judges appointed by the Court Administrator shall
establish a schedule, within the limits prescribed by law, of the penalty to be
imposed.
Any law enforcement officer who issues a complaint shall advise the
defendant of the schedule of penalties and show the defendant a copy of the
schedule.
Sec. 22.
23 V.S.A. § 4103(4)(B)(iv) is amended to read:
(iv)
farm vehicles, which are vehicles:
(I)
controlled and operated by a farmer;
(II)
used
to
transport
either
agricultural
products,
farm
machinery, farm supplies or both, or any of these to or from a farm;
(III)
not used in the operations of a common or contract motor
carrier; and
(IV)
used within 150 miles of the farm.
Sec. 23.
24 V.S.A. § 3269(d) is amended to read:
(d)
The reserve fund Reserve Fund shall be capitalized in accordance with
standards
and
procedures
approved
by
the
Commissioner
of
Financial
Regulation to cover expected foreclosures and fund administration costs based
on good lending practice experience.
Interest earned shall remain in the fund
Fund.
The administrator of the reserve fund Reserve Fund shall invest and
reinvest the moneys monies in the fund Fund and hold, purchase, sell, assign,
transfer, and dispose of the investments in accordance with the standard of care
established
by
the
Prudent
Investor
Rule
under 9 V.S.A.
chapter
147
14A V.S.A. chapter 9.
The administrator shall apply the same investment
objectives and policies adopted by the Vermont State Employees’ Retirement
System, where appropriate, to the investment of moneys monies in the fund
Fund.
Sec. 24.
24 V.S.A. § 3270(c) is amended to read:
(c)
At the direction of the Treasurer, a sum shall be transferred to the fund
Fund from moneys monies deposited into the Energy Efficiency Fund pursuant
to 30 V.S.A. § 209(d)(7) 30 V.S.A. § 209(e)(1)(A) (net capacity savings
payments) and (8)(B) (net revenues from the sale of carbon credits).
* * *
Sec. 25.
24 V.S.A. § 4306(b)(2) is amended to read:
(2)
Disbursement to municipalities shall be awarded annually on or
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before December 31 through a competitive program administered by the
Department of Housing and Community Affairs providing the opportunity for
any eligible municipality or municipalities to compete regardless of size,
provided that to receive funds, a municipality:
* * *
Sec. 26.
24 V.S.A. § 4471(e) is amended to read:
(e)
Vermont
neighborhood.
Neighborhood
development
area.
Notwithstanding
subsection
(a)
of
this
section,
a
determination
by
an
appropriate municipal panel shall not be subject to appeal if the determination
is that a proposed residential development within a designated downtown
development
district,
designated growth
center, or designated
Vermont
neighborhood,
or
designated
neighborhood
development
area seeking
conditional use approval will not result in an undue adverse effect on the
character of the area affected, as provided in subdivision 4414(3)(A)(ii) of this
title.
Sec. 27.
24 V.S.A. § 4472(b) is amended to read:
(b)
The remedy of an interested person with respect to the constitutionality
of any one or more of the provisions of any bylaw or municipal plan shall be
governed by the Vermont Rules of Civil Procedure with a de novo trial in the
Civil Division of the Superior Court, unless the issue arises in the context of
another case under this chapter, in which instance it may be raised in the
Environmental Division.
In such cases, hearings before the appropriate
municipal panel shall not be required.
This section shall not limit the authority
of the Attorney General to bring an action before the Environmental Division
under section 4453 of this title, with respect to challenges to housing
provisions in bylaws.
Sec. 28.
24 V.S.A. § 5062(o) is amended to read:
(o)
The Vermont Pension Investment Committee may authorize the loan of
its securities pursuant to securities lending agreements that provide for
collateral consisting of cash or securities issued or guaranteed by the United
States U.S. government or its agencies equal to 100 percent or more of the
market value of the loaned securities.
Cash collateral may be invested by the
lending institution in investments approved by the State Treasurer.
Approval
of investments shall be made in accordance with the standard of care
established
by
the
prudent
investor
rule
under 9
V.S.A.
chapter
147
14A V.S.A. chapter 9.
Sec. 29.
24 V.S.A. § 5088(5) is amended to read:
(5)
A “public transit service” means any
fixed route, paratransit,
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transportation
brokerage,
user-side
subsidy, and or
rideshare/ride-match
program which is available to any person upon payment of the proper fare, and
which is promoted to be available to all members of the public, including those
with special needs.
Sec. 30.
30 V.S.A. § 8015(d)(3) is amended to read:
(3)
A The Fund may issue a grant in lieu of a solar energy tax credit in
accordance with 32 V.S.A. § 5930z(f).
Of any Fund moneys monies
unencumbered by such grants, the first $2.3 million shall fund the Small-scale
Renewable Energy Incentive Program described in subdivision (1)(E)(ii) of
this subsection.
Sec. 31.
32 V.S.A. § 434 is amended to read:
§ 434.
INVESTMENT OF CERTAIN FUNDS
(a)(1)
A “Trust Investment Account” is hereby created to maximize the
earnings of individual funds by
associating them together for
common
investment.
* * *
(3)
The State Treasurer may invest and reinvest the funds in the account
Account,
and
hold,
purchase,
sell,
assign,
transfer,
and
dispose
of
the
investments in accordance with the standard of care established by the prudent
investor rule under 9 V.S.A. chapter 147 14A V.S.A. chapter 9.
The Treasurer
shall apply the same investment objectives and policies adopted by the
Vermont State Employees’
Retirement System, where appropriate, to the
investment of funds in the Trust Investment Account.
* * *
(b)
The State Treasurer may invest and reinvest the monies deposited into
the Tobacco Litigation Settlement Fund established by section 435a of this
title, and may hold, purchase, sell, assign, transfer, and dispose of the
investments in accordance with the standard of care established by the prudent
investor rule under 9 V.S.A. chapter 147 14A V.S.A. chapter 9.
Sec. 32.
32 V.S.A. § 1261(a) is amended to read:
(a)
Unless otherwise provided, all persons in the employ of the state State
when away from home and office on official duties shall be reimbursed for
expenses necessarily incurred for travel, subsistence, postage, telephone,
telegraph, express, and incidentals which shall be paid out of the biennial
appropriation made for the support of their respective departments.
Nothing
contained herein shall authorize payment to an administrative official or
employee, except the Governor, for travel between his or her place of
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residence and office, or subsistence thereat except for mileage reimbursement
when an employee is called in and required to work at any time other than
continuously into his or her normally scheduled shift.
Compensation for
subsistence, travel, and other expenses occurring while conducting business for
the State shall be the subject of collective bargaining as defined in 3 V.S.A.
§ 904(a).
Whenever it shall be necessary to effect the transfer of an employee
of the State from one official station to another by direction of the head of a
department, said employee shall be reimbursed for his or her reasonable and
necessary moving expenses actually incurred.
However, the reasonableness of
said the expense shall be determined by the Commissioner of Finance and
Management and no such expense shall be allowed unless the transfer is made
for the convenience of the State and in no event where it is effected for the
convenience or at the request of the employee.
Such expense when allowed
shall be paid out of the biennial appropriation made for the support of the
respective departments.
When an administrative official or employee works
out of his or her home in the usual course of employment rather than out of an
office, he or she shall be reimbursed for expenses in the same manner as
though he or she were working out of an office and for the purposes of this
section, his or her home shall be considered as his or her office.
Sec. 33.
CAMPAIGN FINANCE; CONTRIBUTION LIMITS;
TRANSITIONAL PROVISION
Notwithstanding
the
provisions
of
2014
Acts
and
Resolves
No.
90
(campaign finance (S.82)), Secs. 2 (repeal of 17 V.S.A. chapter 59) and 8
(effective dates; transitional provisions), the provisions of 17 V.S.A. § 2805(a),
(b), (f), (g), and (h) (limitations of contributions), as administered and enforced
by the State immediately prior to the effective date of 2014 Acts and Resolves
No. 90, Sec. 2, shall continue to apply to elections in the State from the
effective date of 2014 Acts and Resolves No. 90, Sec. 2 until the effective date
of 2014 Acts and Resolves No. 90, Sec. 3, 17 V.S.A. § 2941 (limitations of
contributions).
Sec. 34.
REPEALS
The following are repealed:
(1)
2009 Special Session Acts and Resolves No. 1, Sec. H.7 (directing
the Legislative Council to revise the Vermont Statutes Annotated to reflect the
redesignation of the Department of Taxes as the Department of Revenue).
(2)
3 V.S.A. § 252 (cost of bonds; blanket bond).
(3)
3 V.S.A. § 3083 (Department of Developmental and Mental Health
Services).
- 482 -
(4) 10 V.S.A. § 902(10) (definition of “Panel”).
(5)
10 V.S.A. § 914(e) (wetland determination provision).
(6)
24 V.S.A. § 2408 (land acquired by virtue of the provisions of
24 V.S.A. § 2407).
(7)
30 V.S.A. § 8004(f) (report requirement).
Sec. 35.
EFFECTIVE DATE
This act shall take effect on passage.
( Committee Vote: 11-0-0)
H. 809
An act relating to designation of new town centers and growth centers
Rep. Ellis of Waterbury,
for the Committee on
Natural Resources and
Energy,
recommends the bill be amended by striking all after the enacting
clause and inserting in lieu thereof the following:
Sec. 1.
24 V.S.A. § 2791 is amended to read:
§ 2791.
DEFINITIONS
As used in this chapter:
* * *
(11) “New town center” means the area planned for or developing as a
community’s
central
business
district,
composed
of
compact,
pedestrian-friendly,
multistory,
and
mixed
use
development
that
is
characteristic of a traditional downtown, supported by planned or existing
urban infrastructure, including curbed streets with sidewalks and on-street
parking, stormwater treatment, sanitary sewers and public water supply.
(12)(A)
“Growth center” means an area of land that contains the
characteristics specified in subdivision (B) of this subdivision (12) and that is
located in one or a combination of the following:
(i)
A designated downtown, village center, or new town center;
(ii)
An area of land that is in or adjacent to a designated
downtown, village center, or new town center, with clearly defined boundaries
that have been approved by one or more municipalities in their municipal plans
to accommodate a majority of growth anticipated by the municipality or
municipalities over a 20-year period.
Adjacent areas shall include those lands
which are contiguous to the designated downtown, village center, or new town
center.
In situations where contiguity is precluded by natural or physical
- 483 -
constraints to growth center development, adjacent areas may include lands
lying close to and not widely separated from the majority of the lands within
the designated growth center.
Noncontiguous land included as part of a growth
center
must
exhibit
strong
land
use,
economic,
infrastructure,
and
transportation relationships to the designated downtown, village center, or new
town center; be planned to function as a single, integrated growth center; and
be
essential
to
accommodate
a
majority
of
growth
anticipated
by
the
municipality or municipalities over a 20-year period.
(B)
A growth center contains the following characteristics:
(i)
It incorporates a mix of uses that typically include or have the
potential
to
include
the
following:
retail,
office,
services,
and
other
commercial, civic, recreational, industrial, and residential uses, including
affordable housing and new residential neighborhoods, within a densely
developed, compact area;
(ii)
It incorporates existing or planned public spaces that promote
social interaction, such as public parks, civic buildings (e.g., post office,
municipal offices), community gardens, and other formal and informal places
to gather.
(iii)
It is organized around one or more central places or focal
points, such as prominent buildings of civic, cultural, or spiritual significance
or a village green, common, or square.
(iv)
It
promotes
densities
of
land
development
that
are
significantly greater than existing and allowable densities in parts of the
municipality that are outside a designated downtown, village center, growth
center, or new town center, or, in the case of municipalities characterized
predominately by areas of existing dense urban settlement, it encourages in-fill
development and redevelopment of historically developed land.
(v)
It
is
supported
by
existing
or
planned
investments
in
infrastructure and encompasses a circulation system that is conducive to
pedestrian and other nonvehicular traffic and that incorporates, accommodates,
and supports the use of public transit systems.
(vi)
It results in compact concentrated areas of land development
that are served by existing or planned infrastructure and are separated by rural
countryside or working landscape.
(vii)
It
is
planned
in
accordance
with
the
planning
and
development goals under section 4302 of this title, and to conform to smart
growth principles.
(viii)
It is planned to reinforce the purposes of 10 V.S.A. chapter
- 484 -
151 “Growth center” shall have the same meaning as under section 2793c of
this title.
(13) “Smart growth principles” means growth that:
(A)
Maintains the historic development pattern of compact village
and urban centers separated by rural countryside.
(B)
Develops compact mixed-use centers at a scale appropriate for
the community and the region.
(C)
Enables choice in modes of transportation.
(D) Protects the State’s important environmental, natural, and historic
features, including natural areas, water quality, scenic resources, and historic
sites and districts.
(E)
Serves to strengthen agricultural and forest industries and
minimizes conflicts of development with these industries.
(F)
Balances growth with the availability of economic and efficient
public utilities and services.
(G)
Supports a diversity of viable businesses in downtowns and
villages.
(H)
Provides for housing that meets the needs of a diversity of social
and income groups in each community.
(I)
Reflects a settlement pattern that, at full build-out, is not
characterized by:
(i)
scattered development located outside of compact urban and
village centers that is excessively land consumptive;
(ii)
development that limits transportation options, especially for
pedestrians;
(iii)
the
fragmentation
of farm- farmland and forest-land
forestland;
(iv)
development that is not serviced by municipal infrastructure
or that requires the extension of municipal infrastructure across undeveloped
lands in a manner that would extend service to lands located outside compact
village and urban centers;
(v)
linear development along well-traveled roads and highways
that lacks depth, as measured from the highway.
(14)
“Important
natural
resources”
means
headwaters,
streams,
shorelines, floodways, rare and irreplaceable natural areas, necessary wildlife
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habitat, wetlands, endangered species, productive forest lands forestlands, and
primary agricultural soils, all of which are as defined in 10 V.S.A. chapter 151.
* * *
Sec. 2.
24 V.S.A. § 2793b is amended to read:
§ 2793b.
DESIGNATION OF NEW TOWN CENTER DEVELOPMENT
DISTRICTS
(a)
A municipality, by its legislative body, may apply to the State Board for
designation of an area within that municipality as a new town center
development district, provided no traditional downtown or new town center
already exists in that municipality.
An application by a municipality shall
contain a map delineating the district, evidence that the regional planning
commission and the regional development corporation have been notified of
the municipality’s intent to apply, and information showing the district meets
the standards for designation established in subsection (b) of this section.
(1)
The State Board shall not approve an application filed by a
municipality on or after July 1, 2014 unless the municipality has stated in its
town plan that it intends to apply for designation under this section, and the
town plan explains how the designation would further the plan’s goals and the
goals of section 4302 of this title.
(2)
A preapplication meeting shall be held with Department staff before
an application is filed to review the program requirements and to identify
possible designation boundaries.
The meeting shall be held in the municipality
unless another location is agreed to by the municipality.
(3)
An application for designation shall contain a map that delineates the
boundaries of the proposed district and is consistent with the guidelines
produced by the Department under subsection 2792(d) of this title.
The
application
shall
also
demonstrate
that
the
proposed
district
meets
the
requirements set forth in subdivision 2791(11) of this title, as well as the
standards for designation established in subsection (b) of this section.
The
application shall verify that the regional planning commission and the regional
development corporation have been notified of the municipality’s intent to
apply for designation.
(b)
Within 45 days of receipt of a completed application, the State Board
shall designate a new town center development district if the State Board finds,
with respect to that district, the municipality has:
(1)
a A confirmed planning process under section 4350 of this title, and
developed a municipal center plan, and regulations to adopted bylaws and
ordinances that implement the plan, including an official map, and a design
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review district created under this title; and or other regulations that adequately
control the physical form and scale of development.
(2)
provided Provided a community investment agreement that has been
executed
by
authorized
representatives
of
the
municipal
government,
businesses, and property owners within the district, and community groups
with an articulated purpose of supporting downtown interests, and contains the
following:
(A)
A map of the designated new town center.
The total area of land
encompassed within a designated new town center shall not exceed 125 acres.
In a municipality with a population greater than 15,000, the total area of land
encompassed within a designated new town center may include land in excess
of 125 acres provided that the additional area is needed to facilitate the
redevelopment of predominately developed land in accordance with the smart
growth principles defined under subdivision 2791(13) of this title and shall not
exceed 175 acres.
(B)
Regulations enabling high densities that are greater than those
allowed in any other part of the municipality.
(C)
Regulations enabling multistory and mixed use buildings and
mixed uses which enable the development of buildings in a compact manner.
(D)
A capital improvement program, or a capital budget and program
under this title, showing a clear plan for providing public infrastructure within
the center, including facilities for drinking water, wastewater, stormwater,
public space, lighting, and transportation, including public transit, parking, and
pedestrian amenities.
(E)
A clear plan for mixed income housing in the new town center.
(F)
Evidence that civic and public buildings do exist, or will exist in
the center, as shown by the capital improvement plan or the capital budget and
program, and the official map.
(G)
[Deleted.]
[Repealed.]
(H)
Evidence that any private or municipal sewage system and
private or public water supply serving the proposed new town center are in
compliance with the requirements of 10 V.S.A. chapters 47 and 56, and that
the municipality has dedicated a portion of any unallocated reserve capacity of
the sewage and public water supply necessary to support growth within the
proposed new town center.
Any municipality proposing a municipal sewage
system and public water supply to serve the proposed new town center shall
provide evidence to the state board State Board of a commitment to construct
or maintain such a system and supply in compliance with requirements of
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10 V.S.A. chapters 47 and 56, or a commitment to construct, as applicable, a
permittable potable water supply, wastewater system, indirect discharge, or
public water supply within no more than ten years.
A commitment to construct
does not relieve the property owners in the new town center from meeting the
applicable
regulations
of
the
Agency
of
Natural
Resources
regarding
wastewater systems, potable water supplies, public water supplies, indirect
discharges, and the subdivision of land.
In the event a municipality fails in its
commitment to construct a municipal sewage system or public water supply, or
both, the State Board shall revoke designation, unless the municipality
demonstrates to the State Board that all good faith efforts were made and
continue to be made to obtain the required approvals and permits from the
Agency
of
Natural
Resources,
and
failure
to
construct
was
due
to
unavailability of sufficient State or federal funding.
(c)(1)
Upon designation by the State Board under this section as a new
town center, a new town center and projects in a new town center shall be
eligible for the authority to create a special taxing district, pursuant to chapter
87 of this title, for the purpose of financing both capital and operating costs of
a
project
within
the
boundaries
established
through
new
town
center
designation.
(2)
Whenever the Commissioner of Buildings and General Services or
other State officials in charge of selecting a site are planning to lease or
construct buildings suitable to being located in a new town center after
determining
that
the
option
of
utilizing
existing
space
in
a
downtown
development district, pursuant to subdivision 2794(a)(14) of this title, is not
feasible, the option of utilizing existing space in a designated new town center
shall be given thorough investigation and priority, in consultation with the
community.
(d)
The state board State Board shall review a new town center designation
every five years and may review compliance with the designation requirements
at more frequent intervals.
The State Board may adjust the schedule of review
under this subsection to coincide with the review of a related growth center.
If
at any time the State Board determines the new town center no longer meets
the standards for designation established in subsection (b) of this section, it
may take any of the following actions:
(1)
Require require corrective action.;
(2)
Provide provide technical
assistance
through
the
Vermont
Downtown Program.;
(3)
Limit limit eligibility for the benefits pursuant to subsection (c) of
this section without affecting any of the new town center’s previously awarded
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benefits.; or
(4)
Remove remove the new town center’s designation without affecting
any of the town center’s previously awarded benefits.
Sec. 3.
24 V.S.A. § 2793c is amended to read:
§ 2793c.
DESIGNATION OF GROWTH CENTERS
(a)(1) Definition. As used in this section, “growth center” means an area of
land that:
(A)
is within or adjoining a downtown, village center, or new town
center designated under this chapter; and
(B)
has clearly defined boundaries that can accommodate a majority
of
commercial,
residential,
and
industrial
growth
anticipated
by
the
municipality or municipalities over a 20-year period.
(2)
Development and redevelopment within any growth center shall
support Vermont’s traditional land use pattern of compact centers separated by
rural lands and shall meet the requirements set forth in subsection (b) of this
section.
(b)
Requirements.
To achieve the purposes and goals set forth in section
4302 of this title and conform to smart growth principles, a growth center shall
meet each of the following requirements:
(1)
Size.
The size of the growth center shall be sufficient to
accommodate a majority of the projected development within each applicant
municipality over a 20-year planning period, and:
(A)
shall be no larger than the area necessary to accommodate:
(i)
150 percent of the projected dwelling units in the municipality
over the period; and
(ii)
no more than 100 percent of the projected commercial and
industrial development in the municipality;
(B)
shall not encompass an excessive area of land that would involve
the unnecessary extension of infrastructure to service low-density development
or automobile-dependent strip development; and
(C)
may include undevelopable land and land planned for green
space or open space, as well as areas designed for infill and redevelopment.
(2)
Location.
The area of land proposed for the growth center shall be
located within or shall adjoin, a designated downtown, village center, or new
town center.
If the growth center is to be adjoining, then the applicant shall
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demonstrate that an existing designated downtown, village center, or new town
center
located
within
each
applicant
municipality
reasonably
cannot
accommodate the growth proposed to occur in the growth center.
(3)
Uses.
The growth center shall support and reinforce any existing
designated downtown, village center, or new town center located in the
municipality
or
adjacent
municipality
by
accommodating
concentrated
residential neighborhoods and a mix and scale of commercial, civic, and
industrial uses that are consistent with the anticipated demand for those uses
within the municipality and region.
The growth center shall incorporate a mix
of uses that typically includes or is planned to include the following:
retail,
office, services, and other commercial, civic, recreational, industrial, and
residential
uses,
including
affordable
housing
and
new
residential
neighborhoods, within a densely developed, compact area.
(4)
Density, design, and form.
The municipality shall adopt municipal
plan policies and implementing bylaws and ordinances applicable to the
growth
center
that
conform
with
design
guidelines
developed
by
the
Department pursuant to subdivision 2793c(d)(3) of this title, and that:
(A)
allow net residential densities within the growth center greater
than or equal to four single-family detached dwelling units per acre, exclusive
of accessory dwelling units, or no fewer than the average existing density of
the surrounding neighborhood, whichever is greater;
(B)
ensure that all investments contribute to a built environment that
enhances the existing and planned character and supports pedestrian use;
(C)
ensure sufficient density, building heights, and building coverage
or sufficient floor area ratio.
A municipality may use bylaws that regulate
adequately the physical form and scale of development to demonstrate
compliance with this requirement;
(D)
minimize the required lot sizes, setbacks, and parking and street
widths;
(E)
organize the proposed growth center development around one or
more central places or focal points that will establish community identity and
promote social interaction, such as prominent buildings of civic, cultural, or
spiritual significance or a village green, common, or square; and
(F)
prohibit linear, automobile-dependent strip development along
heavily traveled roads within and extending outside the growth center.
(5)
Capital budget.
The applicant has adopted, in accordance with
section 4430 of this title, a capital budget and program that includes existing
and planned wastewater treatment, water, stormwater, and transportation
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infrastructure; public spaces; other infrastructure necessary to support growth
center development; and a reference map.
(6)
General infrastructure.
The existing and planned infrastructure shall
be adequate to implement the growth center and meet the municipality’s
20-year growth needs.
The municipality shall have adopted policies on the
extension of water and wastewater lines that include a defined service area and
allocation plan to support the growth center.
(7)
Public spaces.
The growth center shall incorporate existing or
planned public spaces that promote social interaction, such as public parks,
civic buildings such as a post office or municipal offices, community gardens,
and other formal and informal places to gather.
(8)
Transportation.
Existing or planned transportation infrastructure
serving the growth center shall be adequate to implement growth center
development over the 20-year period, and shall conform with “complete
streets” principles as described under 19 V.S.A. § 309d; shall establish
multi-modal access to the downtown, village center, or new town center;
incorporate, accommodate, and support the use of public transit systems; and
shall encompass a circulation system that is conducive to pedestrian and other
nonvehicular traffic.
The applicable municipal plans and bylaws shall include
provisions
that
will
result
in
street
connectivity
and
aim
to
create
a
comprehensive, integrated, connected network for all modes.
(9)
Natural resources within growth centers.
The growth center shall
avoid or minimize the inclusion of important natural resources and identified
flood hazard and fluvial erosion hazard areas.
If an applicant includes an
important natural resource or flood hazard or fluvial erosion hazard area within
a proposed growth center, the applicant shall identify the resource or area,
explain why the resource or area was included, describe any anticipated
disturbance to the resource or area, and describe how the municipality’s land
use bylaws will avoid or minimize impacts to the resource or area.
If impacts
to the resource or area are necessary to achieve growth center goals, the
applicant shall provide justification for why the disturbance cannot be avoided
or minimized.
(10)
Natural resources outside growth centers.
Municipalities applying
for growth center designation shall ensure that the approved local plan,
implementing bylaws, and other programs serve to minimize conflicts of
development with agricultural and forest industries; minimize the conversion
and fragmentation of farmland, forestland, or significant areas of habitat
connectivity;
and
minimize
impacts
on
important
natural
resources
located outside the proposed growth center.
- 491 -
(11)
Historic resources.
The growth center shall be compatible with and
reinforce the character of sites that are listed or eligible for listing on the
National or State Register of Historic Places, and other significant cultural and
historic resources identified by local or State government in or adjacent to the
growth center.
(c)
Application for designation of a growth center.
(1)
Before submitting a complete application to the Board, the municipal
legislative body shall vote to apply for growth center designation according to
the procedure established under sections 1972 and 1973 of this title.
(2)
The application for designation as a growth center shall:
(A)
be based on a 20-year plan for growth that is reflected in the
municipal plan of the municipality involved;
(B)
include regional and local growth projections and shall identify
targets for 20-year growth in various sectors;
(C)
include
an
inventory
map
and
analysis
of
growth
and
development potential in the designated downtown, village center, or new
town center that connects to the proposed growth center; and
(D)
quantify the type and amount of development and land area
needed to support the proposed growth center beyond what is available in the
designated downtown, village center, or new town center.
(3)
Each municipality involved in the application shall have a duly
adopted and regionally approved municipal plan that describes the proposed
growth center and a planning process that is confirmed in accordance with
section 4350 of this title.
(4)
Each municipality involved in the application shall have adopted
bylaws and regulations under sections 4414, 4418, and 4422 of this title and
nonregulatory programs that will support and implement the growth center
requirements of subsection (b) of this section.
(5)
Each application for designation as a growth center shall include:
(A)
a description from each relevant regional planning commission
of the role of the proposed growth center in the region, and the relationship
between the proposed growth center and neighboring communities;
(B)
written confirmation from each relevant regional planning
commission that the proposed growth conforms with the regional plan;
(C)
a concept plan depicting the character of the streets and public
spaces within the growth center, and depicting the size and placement of
- 492 -
buildings envisioned in the municipal plan; and
(D)
one or more maps that accurately delineate the boundaries of the
growth center, and an official map, if one is adopted, of the growth center.
The
map or maps shall identify:
(i)
growth
center
boundaries
in
relation
to
the
associated
designated downtown, village center, or new town center;
(ii)
important natural resources, identified flood hazard and fluvial
erosion hazard areas, National Register Historic Districts, National or State
Register Historic Sites, and other significant cultural and natural resources
identified by local or State government within the municipality;
(iii)
existing slopes of 25 percent or greater; and
(iv)
existing and planned public facilities,
including public
buildings, public spaces, wastewater and water services, roads, sidewalks,
paths, transit centers, parking areas, parks, and schools within the growth
center boundaries.
(d)
Designation process.
(1)
Preliminary application and meeting process.
(A)
Before submitting an application pursuant to subsection (c) of
this section, a municipality shall submit a preliminary application to the
Department, consisting of a draft growth center map, and a brief explanation of
the planning and implementation policies the municipality plans to enact prior
to submitting an application under subdivision (B) of this subdivision (1).
These
planning
and
implementation
policies
will
be
used
to
guide
development within the growth center and preserve the rural character of
the surrounding area.
(B)
The Department shall solicit comments on the preliminary
application from State agencies and regional planning commissions.
The
Department shall evaluate the preliminary application for compliance with the
requirements of subsection (b) of this section, identify potential issues related
to
the
growth
center
boundary
and
implementation
tools,
and
make
recommendations to address those issues through adjustment of the growth
center boundaries and revised or alternative implementation plans.
(C)
The Department shall schedule and conduct a preapplication
meeting with the applicant.
(2)
Regional
planning
commission
technical
planning
assistance.
Regional planning commissions, pursuant to section 4345a of this title, are
uniquely positioned to assist municipalities with growth center planning.
To
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this end, at the request of a municipality contemplating growth center
designation,
the
regional
planning
commission
shall
provide
technical
assistance in support of that designation.
(1)(A)
Technical support shall include:
(A)(i)
preparing
population,
housing,
and
employment
growth
projections for a period of not less than 20 years;
(B)(ii)
GIS mapping,
including
identification
of
development
capacity, land use, existing and planned infrastructure and service areas,
important natural resources and historic resources, and physical constraints to
development and associated features; and
(C)(iii)
build-out analyses for potential growth centers to document
analysis of whether the geographic area of proposed growth centers will
accommodate a majority of the projected growth over a 20-year period in a
manner that is consistent with the definition under subdivision 2791(12) of
this title.
(2)(B)
These projections and build-out analyses may be prepared on a
municipal or regional basis.
(b)
Growth center designation application assistance.
(1)
A subcommittee of the State Board, to be known as the Growth
Center Subcommittee, shall develop and maintain a coordinated preapplication
review process in accordance with this subdivision (1).
The members of the
Growth Center Subcommittee shall be the members of the State Board
described under subdivisions 2792(a)(1), (6), (7), (9), and (10) of this title and
the member designated by the Vermont League of Cities and Towns under
subdivision 2792(a)(8) of this title.
The Growth Center Subcommittee shall
elect a chair from among its members.
In carrying out its duties, the Growth
Center Subcommittee shall have the support of the staff of the Department of
Housing and Community Development and of the Natural Resources Board.
(A)
The purpose of the Growth Center Subcommittee is to:
(i)
ensure
consistency
between
regions
and
municipalities
regarding growth centers designation and related planning;
(ii)
provide municipalities with a preapplication review process
early in the local planning process;
(iii)
encourage coordination of State agency review on matters of
agency interest; and
(iv)
provide the State Board with ongoing, coordinated support
and
expertise
in
land
use,
community
planning,
and natural
resources
- 494 -
protection.
(B)
Under the preapplication review process, a municipality shall
submit a preliminary application to the growth center subcommittee, consisting
of a draft growth center map and a brief explanation of planning and
implementation policies that the municipality anticipates it will enact prior to
submission of an application under subsection (d) of this section in order to
guide development inside the growth center and maintain the rural character of
the surrounding area, to the extent that it exists.
This preapplication review
process shall be required prior to filing of an application under subsection (d)
of this section.
The growth center subcommittee shall solicit comments from
State agencies regarding areas of respective agency interest; evaluate the
preliminary application for conformance with the requirements of this section;
identify
potential
issues
related
to
the
growth
center’s
boundary
and
implementation tools; and provide recommendations for addressing those
issues through adjustment to the growth center’s boundary, revisions to
planned implementation tools, or consideration of alternative implementation
tools. Preliminary review shall be available to municipalities while they are
engaged in the municipal planning process so that recommendations may be
considered
prior to
the
adoption
of
the
municipal
plan
and
associated
implementation measure
(2)(3)
Planning manual.
After consultation with the growth center
subcommittee and the Natural Resources Board, the The Commissioner of
Housing and Community Development or designee shall prepare a “municipal
growth centers planning manual and implementation checklist” to assist ensure
that the planning manual prepared under section 4304 of this title provides
guidelines for municipalities and regional planning commissions to plan
planning for growth center designation.
The implementation manual shall
identify State resources available to assist municipalities and shall include a
checklist indicating the issues that should be addressed by the municipality in
planning for growth center designation.
(A)
The manual shall address other relevant topics in appropriate
detail, such as:
(i)
methodologies for conducting growth projections and build-out
analyses;
(ii)
the methodology for determining the appropriate size and
location of a growth center boundary;
(iii)
the methodology for calculating residential density in a
growth center; and
(iv)
the
methodology
for
determining
the
adequacy
of
- 495 -
infrastructure needed to support anticipated growth within a growth center.
(B)
The
planning
manual
shall
address defining
appropriate
boundaries
that
are
not
unduly
expansive;
enacting
plan
policies
and
implementation
bylaws
that
accommodate
reasonable
densities,
compact
settlement patterns, and an appropriate mix of uses within growth centers;
planning for infrastructure, transportation facilities, and open space; avoiding
or mitigating impacts to important natural resources and historic resources; and
strategies for maintaining the rural character and working landscape outside
growth center boundaries.
(3)(4)
Assistance by Department.
In consultation with the Growth
Center Subcommittee, the The Commissioner of Housing and Community
Development or designee shall provide ongoing assistance to the State Board
to review applications for growth center designation, including coordinating
review by State agencies on matters of agency interest and evaluating
applications and associated plan policies and implementation measures for
conformance with the definition under subdivision 2791(12) of this title and
any designation requirements established under subsection (e) of this section.
(4)(5)
Planning grants.
The Vermont Municipal Planning Grant
Program, pursuant to section4306(2) of this title, shall make funding for
activities associated with growth centers planning a priority funding activity,
and the Vermont Community Development Program shall make funding for
activities associated with growth centers planning a priority funding activity
under the planning grant program.
(6)
Designation decision.
Within 90 days of the receipt of a completed
application, after providing notice as required in the case of a proposed
municipal plan or amendment under subsection 4384(e) of this title, and after
providing an opportunity for the public to be heard, the State Board formally
shall designate a growth center if the State Board finds, in a written decision,
that the growth center proposal meets the requirements of subsection (b) of this
section.
An application that complies with all of the requirements of
subsection (b) of this section other than the size requirement set forth in
subdivision (b)(1) may be approved by the State Board if the applicant presents
compelling justification for deviating from the size requirement and provided
that at least 80 percent but no fewer than seven of the members of the State
Board present vote in favor of the application.
(7)
Conditions of designation.
The Board, as a condition of growth
center designation, may
require
certain regulatory changes prior to the
effective date of designation.
In addition, the growth center designation may
be modified, suspended, or revoked if the applicant fails to achieve the
required regulatory changes within a specified period of time.
As an option,
- 496 -
municipalities applying for growth center designation may make certain
regulatory changes effective and contingent upon formal designation.
(8)
Request for reconsideration.
Within 21 days of a growth center
designation under subdivision (1) of this subsection, a person or entity that
submitted written or oral comments to the State Board during its consideration
of the application for the designated growth center may request that the State
Board reconsider the designation.
Any such request for reconsideration shall
identify each specific finding of the State Board for which reconsideration is
requested and state the reasons why each such finding should be reconsidered.
The filing of such a request shall stay the effectiveness of the designation until
the State Board renders its decision on the request.
On receipt of such a
request, the State Board shall promptly notify the applicant municipality of the
request if that municipality is not the requestor.
The State Board shall convene
at the earliest feasible date to consider the request and shall render its decision
on the request within 90 days of the date on which the request was filed.
(c)
Public involvement and review.
Any decision to apply for growth
center designation shall be made by vote of the municipal legislative body,
subject to the process established under sections 1972 and 1973 of this title.
(d)
Application and designation requirements.
Any application for
designation as a growth center shall be to the State Board and shall include a
specific demonstration that the proposed growth center meets each provision of
subdivisions (e)(1)(A) through (J) of this section.
In addition to those
provisions, each of the following shall apply:
(1)
In the event that a proposed growth center lacks one or a portion of
one of the characteristics listed in subdivision 2791(12)(B) of this title, the
application shall contain an explanation of the unique circumstances that
prevent the growth center from possessing that characteristic and why, in the
absence of that characteristic, the proposed growth center will comply with the
purposes of this chapter and all other requirements of this section.
(2)
Any demonstration that an application complies with subdivision
(e)(1)(C) of this section shall include an analysis, with respect to each existing
designated downtown or village or new town center located within the
applicant municipality, of current vacancy rates, opportunities to develop or
redevelop existing undeveloped or underdeveloped properties and whether
such opportunities are economically viable, and opportunities to revise zoning
or other applicable bylaws in a manner that would permit future development
that is at a higher density than existing development.
(3)
A map and a conceptual plan for the growth center.
(4)
A build-out analysis and needs study that demonstrates that the
- 497 -
growth center meets the provisions of subdivision (e)(1)(J) of this section.
(5)
An explanation of all measures the applicant has undertaken to
encourage a majority of growth in the municipality to take place within areas
designated under this chapter. In the case of a growth center that is associated
with a designated downtown or village center, the applicant shall also explain
the manner in which the applicant’s bylaws and policies will encourage growth
to take place first in its designated downtown or village center and second in
its proposed growth center.
(e)
Designation decision.
(1)
Within 90 days of the receipt of a completed application, after
providing notice as required in the case of a proposed municipal plan or
amendment under subsection 4384(e) of this title, and after providing an
opportunity for the public to be heard, the State Board formally shall designate
a growth center if the State Board finds, in a written decision, that the growth
center proposal meets each of the following:
(A)
The growth center meets the definition of a growth center
established in subdivision 2791(12) of this title, including planned land uses,
densities, settlement patterns, infrastructure, and transportation within the
center and transportation relationships to areas outside the center.
In the event
that
a
proposed
growth
center
lacks
one
or
a
portion
of
one
of
the
characteristics listed in subdivision 2791(12)(B) of this title, the State Board
shall not approve the growth center proposal unless it finds that the absence of
that characteristic will not prevent the proposed growth center from complying
with the purposes of this chapter and all other requirements of this section.
This subdivision (A) does not confer authority to approve a growth center that
lacks more than one characteristic listed in subdivision 2791(12)(B) of this
title.
(B)
The growth center will support and reinforce any existing
designated downtown, village center, or new town center located in the
municipality
or
adjacent
municipality
by
accommodating
concentrated
residential neighborhoods and a mix and scale of commercial, civic, and
industrial uses that are consistent with the anticipated demand for those uses
within the municipality and region.
(C)
The growth that is proposed to occur in the growth center cannot
reasonably be achieved within an existing designated downtown, village
center, or new town center located within the applicant municipality.
(D)
In the case of a growth center that is associated with a designated
new town center, the applicable municipal bylaws provide that areas within the
growth
center
that
will
be
zoned
predominantly
for
retail
and
office
- 498 -
development will be located within the new town center.
(E)
In the case of a growth center that is associated with a designated
downtown or village center:
(i)
the applicant has taken all reasonable measures to ensure that
growth is encouraged to take place first in the designated downtown or village
center and second in the proposed growth center; and
(ii)
the applicable municipal bylaws provide that, with respect to
those areas within the growth center that will be located outside the designated
downtown or village center and will be zoned predominantly for retail and
office development:
(I)
such areas will serve as a logical expansion of the
designated downtown or village center through such means as sharing of
infrastructure and facilities and shared pedestrian accessibility; and
(II)
such areas will be subject to enacted land use and
development standards that will establish a development pattern that is
compact, oriented to pedestrians, and consistent with smart growth principles.
(F)
The applicant has identified important natural resources and
historic resources within the proposed growth center and the anticipated
impacts on those resources, and has proposed mitigation.
(G)
The approved municipal plan and the regional plan both have
been updated during any five-year plan readoption that has taken place since
the date the Secretary of Agriculture, Food and Markets has developed
guidelines in compliance with 6 V.S.A. § 8, have been used to identify areas
proposed for agriculture, and have been designed so as to avoid the conversion
of primary agricultural soils, wherever possible.
(H)(i)
The applicant has a regionally confirmed planning process and
an approved municipal plan, pursuant to section 4350 of this title;
(ii)
The approved plan contains provisions that are appropriate to
implement the designated growth center proposal;
(iii)
The applicant has adopted bylaws in conformance with the
municipal plan that implement the provisions in the plan that pertain to the
designated growth center, including:
(I)
bylaw provisions that ensure that land development and use
in the growth center will comply with smart growth principles; and
(II)
with respect to residential development in the growth
center, bylaw provisions that allow a residential development density that is:
- 499 -
(aa)
at least four dwelling units per acre; and
(bb)
a higher development density if necessary to conform
with the historic densities and settlement patterns in residential neighborhoods
located in close proximity to a designated downtown or village center which
the growth center is within or to which the growth center is adjacent under
subdivision 2791(12)(A)(i) or (ii) of this title; and
(iv)
The approved plan and the implementing bylaws further the
goal of retaining a more rural character in the areas surrounding the growth
center, to the extent that a more rural character exists, and provide reasonable
protection for important natural resources and historic resources located
outside the proposed growth center.
(I)
The applicant has adopted a capital budget and program in
accordance with section 4426 of this title, and that existing and planned
infrastructure is adequate to implement the growth center.
(J)
The growth center:
(i)
is of an appropriate size sufficient to accommodate a majority
of the projected population and development over a 20-year planning period in
a manner that is consistent with the definition under subdivision 2791(12) of
this title;
(ii)
does not encompass an excessive area of land that would
involve the unnecessary extension of infrastructure to service low-density
development or result in a scattered or low-density pattern of development at
the conclusion of the 20-year planning period; and
(iii)
using a 20-year planning period commencing with the year of
the application, is sized to accommodate each of the following:
(I)
an amount of residential development that is no more than
150 percent of the projected residential growth in the municipality; and
(II)
an amount of commercial or industrial development, or
both, that does not exceed 100 percent of the projected commercial and
industrial growth in the municipality.
(2)
The Board, as a condition of growth center designation, may require
certain regulatory changes prior to the effective date of designation. In
addition, the growth center designation may be modified, suspended, or
revoked if the applicant fails to achieve the required regulatory changes within
a specified period of time.
As an option, municipalities applying for growth
center
designation
may
make
certain
regulatory
changes
effective
and
contingent upon formal designation.
- 500 -
(3)
Within 21 days of a growth center designation under subdivision (1)
of this subsection, a person or entity that submitted written or oral comments to
the State Board during its consideration of the application for the designated
growth center may request that the State Board reconsider the designation.
Any such request for reconsideration shall identify each specific finding of the
State Board for which reconsideration is requested and state the reasons why
each such finding should be reconsidered.
The filing of such a request shall
stay the effectiveness of the designation until the State Board renders its
decision on the request.
On receipt of such a request, the State Board shall
promptly notify the applicant municipality of the request if that municipality is
not the requestor.
The State Board shall convene at the earliest feasible date to
consider the request and shall render its decision on the request within 90 days
of the date on which the request was filed.
(4)
Except as otherwise provided in this section, growth center
designation shall extend for a period of 20 years.
The State Board shall review
a growth center designation no less frequently than every five years, after
providing notice as required in the case of a proposed municipal plan or
amendment under subsection 4384(e) of this title, and after providing an
opportunity for the public to be heard. For each applicant, the State Board may
adjust the schedule of review under this subsection so as to coincide with the
review of the related and underlying designation of a downtown, village center,
or new town center.
If, at the time of the review, the State Board determines
that the growth center no longer meets the standards for designation in effect at
the time the growth center initially was designated, it may take any of the
following actions:
(A)
require corrective action;
(B)
provide technical assistance through the coordinated assistance
program; or
(C)
remove the growth center’s designation, with that removal not
affecting any of the growth center’s previously awarded benefits.
(5)
At any time a municipality shall be able to apply to the State Board
for amendment of a designated growth center or any related conditions or other
matters, according to the procedures that apply in the case of an original
application.
(e)
Length of Designation.
(1)
Except as otherwise provided in this section, growth center
designation shall extend for 20 years.
The State Board shall review a growth
center designation no less frequently than every five years, after providing
notice as required in the case of a proposed municipal plan or amendment
- 501 -
under subsection 4384(e) of this title, and after providing an opportunity for
the public to be heard.
For each applicant, the State Board may adjust the
schedule of review under this subsection so as to coincide with the review of
the related and underlying designation of a downtown, village center, or new
town center.
(2)
The five-year review shall include, at a minimum, an updated
five-year capital plan that funds infrastructure improvements necessary to
implement growth center development, updated development projections, a
summary of growth within and outside the growth center to date, and any
changes to the municipal plan, bylaws, or maps since the original growth
center application or any previous review.
(3)
If, at the time of the review, the State Board determines that the
growth center no longer meets the standards for designation in effect at the
time the growth center initially was designated, the State Board may:
(A)
require corrective action;
(B)
provide technical assistance through the coordinated assistance
program; or
(C)
remove the growth center’s designation, with that removal not
affecting any of the growth center’s previously awarded benefits.
(4)
At any time, a municipality shall be able to apply to the State Board
for amendment of a designated growth center or any related conditions or other
matters, according to the procedures that apply in the case of an original
application.
(f)
Review by the Natural Resources Board and issuance of Act 250
findings of fact and conclusions of law.
Subsequent to growth center
designation by the State Board, an applicant municipality may submit a request
for findings of fact and conclusions of law under specific criteria of 10 V.S.A.
§ 6086(a) to the Natural Resources Board for consideration in accordance with
the following:
(1)
In requesting findings of fact, the applicant municipality shall
specify any criteria for which findings and conclusions are requested and the
nature and scope of the findings that are being requested.
(2)
The panel Natural Resources Board shall notify all landowners of
land located within the proposed growth center, entities that would be accorded
party status before a district commission under 10 V.S.A. § 6085(c)(1)(C) and
(D), and all owners of land adjoining the proposed growth center of a hearing
on the issue.
The panel Natural Resources Board may fashion alternate and
more efficient means of providing adequate notice to persons potentially
- 502 -
affected under this subdivision.
Persons notified may appear at the hearing and
be heard, as may any other person who has a particularized interest protected
by 10 V.S.A. chapter 151 that may be affected by the decision.
(3)
The panel Natural Resources Board shall review the request in
accordance with and shall issue findings of fact and conclusions of law under
the applicable criteria of 10 V.S.A. § 6086(a) which are deemed to have been
satisfied by the applicant’s submissions during the formal designation process,
any additional submissions, as well as associated municipal plan policies,
programs, and bylaws.
Findings and conclusions of law shall be effective for a
period of five years, unless otherwise provided.
The panel Natural Resources
Board, before issuing its findings and conclusions, may require specific
changes in the proposal, or regulatory changes by the municipality, as a
condition for certain findings and conclusions.
These findings and conclusions
shall be subject to appeal to the Environmental Division pursuant to 10 V.S.A.
chapter 220 within 30 days of issuance.
(4)
During the period of time in which a growth center designation
remains
in
effect,
any
findings and
conclusions
issued
by
the
Natural
Resources Board or any final adjudication of those findings and conclusions
shall be applicable to any subsequent application for approval by a district
commission under 10 V.S.A. chapter 151 and shall be binding upon the district
commission and the persons provided notice in the Natural Resources Board
proceeding, according to the rules of the Natural Resources Board, provided
the proposed development project is located within the designated growth
center.
(5)
In any application to a district commission under 10 V.S.A. chapter
151 for approval of a proposed development or subdivision to be located
within the designated growth center, the district commission shall review de
novo any relevant criteria of 10 V.S.A. § 6086(a) that are not subject to
findings of fact and conclusions of law issued by the Natural Resources Board
pursuant to this section.
(6)
The decision of the State Board pursuant to this section shall not be
binding as to the criteria of 10 V.S.A. § 6086(a) in any proceeding before the
panel or a district commission.
(g)
Review by district commission.
In addition to its other powers, in
making its determinations under 10 V.S.A. § 6086, a district commission may
consider important resources within a proposed growth center that have been
identified in the designation process and the anticipated impacts on those
resources, and may require that reasonable mitigation be provided as an
alternative to permit denial.
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(h)
Concurrent designation.
A municipality may seek designation of a
growth center concurrently with the designation of a downtown pursuant to
section 2793 of this title, the designation of a village center pursuant to section
2793a of this title, or the designation of a new town center pursuant to section
2793b of this title.
(i)
Benefits from designation.
A growth center designated by the State
Board pursuant to this section is eligible for the following development
incentives and benefits:
(1)
Financial incentives.
(A)
A
municipality
may
use
tax
increment
financing
for
infrastructure and improvements in its designated growth center pursuant to the
provisions of Title 32 and this title.
A designated growth center under this
section shall be presumed to have met any locational criteria established in
Vermont statutes for tax increment financing.
The State Board may consider
project criteria established under those statutes and, as appropriate, may make
recommendations as to whether any of those project criteria have been met.
(B)
Vermont Economic Development Authority (VEDA) incentives
shall be provided to designated growth centers.
(2)
State assistance and funding for growth centers.
(A)
It is the intention of the general assembly General Assembly to
give the highest priority to facilitating development and growth in designated
downtowns and village centers whenever feasible.
The provisions in this
section and elsewhere in law that provide and establish priorities for State
assistance and funding for designated growth centers are not intended to take
precedence over any other provisions of law that provide state State assistance
and funding for designated downtowns and village centers.
(B)
On or before January 15, 2007, the Secretary of Administration,
in consultation with the Secretaries of Natural Resources, of Transportation, of
Commerce
and
Community
Development,
and
of agriculture,
food
and
markets Agriculture, Food and Markets, shall report to the General Assembly
on the priorities and preferences for State assistance and funding granted in
law to downtown centers, village centers, and designated growth centers, and
the manner in which such priorities are applied.
(3)
State infrastructure and development assistance.
(A)
With respect to State grants and other State funding, priority
should be given to support infrastructure and other investments in public
facilities located inside a designated growth center to consist of the following:
(i)
Agency of Natural Resources funding of new, expanded,
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upgraded, or refurbished wastewater management facilities serving a growth
center in accordance with the Agency’s rules regarding priority for pollution
abatement, pollution prevention, and the protection of public health and water
quality.
(ii)
Technical and financial assistance for brownfields remediation
under the Vermont brownfields initiative.
(iii)
Community development block grant (CDBG) program
implementation grants.
(iv)
Technical, financial, and other benefits made available by
statute or rule.
(B)
Whenever the Commissioner of Buildings and General Services
or other State officials in charge of selecting a site are planning to lease or
construct buildings suitable to being located in a designated growth center after
determining
that
the
option
of
utilizing
existing
space
in
a
downtown
development district pursuant to subdivision 2794(a)(13) of this title or within
a designated village center pursuant to subdivision 2793a(c)(6) of this title or
within a designated new town center pursuant to subdivision 2793b(c)(2) of
this title is not feasible, the option of locating in a designated growth center
shall be given thorough investigation and priority in consultation with the
legislative body of the municipality.
(4)
State investments.
The State shall:
(A)
Expand the scope of the downtown transportation fund, as funds
are available, to include access to downtowns with the first priority being
projects located in designated downtowns, the second priority being projects
located in designated village centers, and the third priority being projects
located in designated growth centers.
(B)
Extend priority consideration for transportation enhancement
improvements
located
within
or
serving
designated
downtowns,
village
centers, and growth centers.
(C)
Grant to projects located within designated growth centers
priority consideration for State housing renovation and affordable housing
construction assistance programs.
(5)
Regulatory incentives.
(A)
Master plan permit application.
At any time while designation of
a growth center is in effect, any person or persons who exercise ownership or
control over an area encompassing all or part of the designated growth center
or any municipality within which a growth center has been formally designated
may apply for a master plan permit for that area or any portion of that area to
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the district commission pursuant to the rules of the Natural Resources Board.
Municipalities making an application under this subdivision are not required to
exercise ownership of or control over the affected property.
The district
commission shall be bound by any conclusions or findings of the Natural
Resources Board, or any final adjudication of those findings and conclusions,
pursuant to subsection (f) of this section but shall consider de novo any of the
criteria of 10 V.S.A. § 6086(a) that were not subject to the final issuance of
findings and conclusions by the Natural Resources Board pursuant to that
subsection.
In approving a master permit, the district commission may set
forth specific conditions that an applicant for an individual project permit will
be required to meet.
(B)
Individual project permits within a designated growth center.
The district commission shall review individual Act 250 permit applications in
accordance with the specific findings of fact and conclusions of law issued by
the Natural Resources Board under this section, if any, and in accordance with
the conditions, findings, and conclusions of any applicable master plan permit.
Any person proposing a development or subdivision within a designated
growth center where no master plan permit is in effect shall be required to file
an application with the district environmental commission for review under the
criteria of 10 V.S.A. § 6086(a).
Sec. 4.
24 V.S.A. § 4302(c) is amended to read:
(c)
In addition, this chapter shall be used to further the following specific
goals:
(1)
To plan development so as to maintain the historic settlement pattern
of compact village and urban centers separated by rural countryside.
(A)
Intensive
residential
development
should
be encouraged
primarily in areas related to community centers, and strip development along
highways should be discouraged.
(B)
Economic growth should be encouraged in locally designated
growth areas, or employed to revitalize existing village and urban centers, or
both, and should be encouraged in growth centers designated under chapter
76A of this title.
(C)
Public investments, including the construction or expansion of
infrastructure, should reinforce the general character and planned growth
patterns of the area.
(D)
Development should be undertaken in accordance with smart
growth principles as defined in subdivision 2791(13) of this title.
* * *
- 506 -
Sec. 5.
24 V.S.A. § 4304 is amended to read:
§ 4304.
PLANNING AND LAND USE MANUAL
(a)
The agency of commerce and community development Commissioner
of
Housing
and
Community
Development shall
prepare,
maintain, and
distribute from time to time to all municipalities a manual setting forth:
(1)
A a copy of this chapter, together with all amendments thereof;
(2)
Examples examples of land planning policies, and maps and
documents prepared in conformance with plan requirements;
(3)
An an explanation and illustrative examples of bylaws, capital
programs and, budgets, and procedures authorized in this chapter; and
(4)
Other other explanatory
material
and
data
which
will
aid
municipalities in the preparation of plans, capital budgets and, programs, and
the administration of bylaws authorized in this chapter.
(b)
The agency of commerce and community development Commissioner
of Housing and Community Development shall, from time to time, confer with
interested persons with a view toward insuring ensuring the maintenance of
such manual in a form most useful to those regions and municipalities making
use of it.
(c)
Sections of this manual may be cited in any plan or by-law bylaw in the
same manner as citations of this chapter, and may be incorporated by reference
in any plan by-law bylaw.
Sec. 6.
24 V.S.A. § 4382 is amended to read:
§ 4382.
THE PLAN FOR A MUNICIPALITY
(a)
A plan for a municipality may be consistent with the goals established
in section 4302 of this title and compatible with approved plans of other
municipalities in the region and with the regional plan and shall include the
following:
(1)
A statement of objectives, policies, and programs of the municipality
to guide the future growth and development of land, public services, and
facilities, and to protect the environment;
(2)
A land use plan, consisting of a map and statement of present and
prospective land uses, indicating those areas proposed for forests, recreation,
agriculture (using the agricultural lands identification process established in
6 V.S.A. § 8), residence, commerce, industry, public, and semi-public uses and
open spaces reserved for flood plain, wetland protection, or other conservation
purposes; and setting forth the present and prospective location, amount,
- 507 -
intensity, and character of such land uses and the appropriate timing or
sequence of land development activities in relation to the provision of
necessary community facilities and service; and those areas, if any, proposed
for designation under chapter 76A of this title, together with, for each area
proposed for designation, an explanation of how the designation would further
the plan’s goals and the goals of section 4302 of this title, and how the area
meets the requirements for the type of designation to be sought;
* * *
Sec. 7.
24 V.S.A. § 4348a is amended to read:
§ 4348a.
ELEMENTS OF A REGIONAL PLAN
(a)
A regional plan shall be consistent with the goals established in section
4302 of this title and shall include but need not be limited to the following:
(1)
A statement of basic policies of the region to guide the future growth
and development of land and of public services and facilities, and to protect the
environment;
(2)
A land use element, which shall consist of a map and statement of
present and prospective land uses:
(A)
indicating those areas proposed for forests, recreation, agriculture
(using the agricultural lands identification process established in 6 V.S.A. § 8),
residence, commerce, industry, public, and semi-public uses, open spaces, and
areas identified by the State, regional planning commissions or municipalities,
which require special consideration for aquifer protection, wetland protection,
or for other conservation purposes;
(B)
indicating those areas within the region that are likely candidates
for designation under sections 2793 (downtown development districts), 2793a
(village centers), 2793b (new town centers), and 2793c (growth centers) of this
title;
(C)
indicating locations proposed for developments with a potential
for regional impact, as determined by the regional planning commission,
including flood control projects, surface water supply projects, industrial parks,
office parks, shopping centers and shopping malls, airports, tourist attractions,
recreational
facilities,
private
schools,
public
or
private
colleges,
and
residential developments or subdivisions;
(C)(D)
setting forth the present and prospective location, amount,
intensity, and character of such land uses and the appropriate timing or
sequence of land development activities in relation to the provision of
necessary community facilities and services;
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(D)(E)
indicating those areas that have the potential to sustain
agriculture and recommendations for maintaining them which may include
transfer of development rights, acquisition of development rights, or farmer
assistance programs;
* * *
Sec. 8.
24 V.S.A. § 4404 is added to read
§ 4404.
STATE DESIGNATION; IMPLEMENTATION OF MUNICIPAL
PLAN
A municipality, to implement its municipal plan, may apply for State
designation of an existing or planned municipal growth center, downtown,
village center, new town center, or neighborhood development area as
necessary for eligibility to receive associated benefits pursuant to chapter 76A
of this title.
Sec. 9.
PLANNING MANUAL; REVISIONS
On or before November 15, 2015, the Commissioner of Housing and
Community Development shall revise the planning manual under 24 V.S.A.
§ 4304 to conform to the provisions of this act.
Sec. 10.
EFFECTIVE DATE
This act shall take effect on passage.
( Committee Vote: 11-0-0)
Senate Proposal of Amendment
H. 655
An act relating to fiscal year 2014 budget adjustments
The Senate proposes to the House to amend the bill as follows:
First:
By adding a new section to be numbered Sec. 3a to read as follows:
Sec. 3a.
2013 Acts and Resolves No. 50, Sec. B.139 is amended to read:
Sec. B.139
Tax department - reappraisal and listing payments
Grants
3,293,196
3,368,196
Total
3,293,196
3,368,196
Source of funds
Education fund
3,293,196
3,368,196
Total
3,293,196
3,368,196
and by striking out Sec. 5 in its entirety and inserting in lieu thereof a new
Sec. 5 to read as follows:
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Sec. 5.
2013 Acts and Resolves No. 50, Sec. B.145 is amended to read:
Sec. B.145 Total general government
Source of funds
General fund
69,657,388
70,763,769
Transportation fund
3,930,356
3,930,356
Special funds
10,336,132
10,336,132
Education fund
9,480,096
9,555,096
Federal funds
963,293
963,293
Internal service funds
69,123,421
69,123,421
Interdepartmental transfers
6,974,721
6,974,721
Enterprise funds
3,233,092
3,233,092
Pension trust funds
39,659,149
39,659,149
Private purpose trust funds
1,138,128
1,138,128
Total
214,495,776
215,677,157
and by adding a new section to be numbered Sec. 73a to read as follows:
Sec. 73a.
2013 Acts and Resolves No. 50, Sec. E.139(c) is added to read:
(c)
Of this appropriation, $75,000 shall be transferred to the Department of
Taxes, Division of Property Valuation and Review and used with any
remaining funds from the amount transferred pursuant to 2013 Acts and
Resolves No. 1, Sec. 75, for payment of any expenses associated with
reappraisals
of
the
hydroelectric
plants
and
other
property
owned
by
TransCanada Hydro Northeast, Inc. in the State of Vermont.
Expenditures for
this purpose shall be considered qualified expenditures under 16 V.S.A.
§ 4025(c).
Second:
By adding a new section to be numbered Sec. 5a to read as
follows:
Sec. 5a.
2013 Acts and Resolves No. 50, Sec. B.204 is amended to read:
Sec. B.204
Judiciary
Personal services
32,218,222
32,868,222
Operating expenses
8,707,574
8,707,574
Grants
70,000
70,000
Total
40,995,796
41,645,796
Source of funds
General fund
35,067,633
35,717,633
Special funds
3,235,319
3,235,319
Tobacco fund
39,871
39,871
Federal funds
714,176
714,176
Interdepartmental transfers
1,938,797
1,938,797
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Total
40,995,796
41,645,796
and by striking out Sec. 9 in its entirety and inserting in lieu thereof a new
Sec. 9 to read as follows:
Sec. 9.
2013 Acts and Resolves No. 50, Sec. B.240 is amended to read:
Sec. B.240 Total protection to persons and property
Source of funds
General fund
118,749,083
119,499,112
Transportation fund
25,238,498
25,238,498
Special funds
75,064,951
75,164,951
Tobacco fund
606,315
606,315
Federal funds
66,671,503
66,671,503
ARRA funds
1,479,429
1,479,429
Global commitment fund
256,224
256,224
Interdepartmental transfers
8,670,609
8,670,609
Enterprise funds
6,178,980
6,178,980
Total
302,915,592
303,376,621
Third:
By striking out Sec. 10 in its entirety and inserting in lieu thereof a
new Sec. 10 to read as follows:
Sec. 10.
2013 Acts and Resolves No. 50, Sec. B.300 is amended to read:
Sec. B.300
Human services - agency of human services - secretary’s office
Personal services
10,337,270
10,462,270
Operating expenses
3,232,916
3,591,498
Grants
5,473,998
5,260,754
Total
19,044,184
19,314,522
Source of funds
General fund
5,135,482
5,241,643
Special funds
91,017
91,017
Tobacco fund
291,127
223,127
Federal funds
9,843,546
9,975,320
Global commitment fund
415,000
415,000
Interdepartmental transfers
3,268,012
3,368,415
Total
19,044,184
19,314,522
and by striking out Sec. 36 in its entirety and inserting in lieu thereof a new
Sec. 36 to read as follows:
Sec. 36.
2013 Acts and Resolves No. 50, Sec. B.346 is amended to read:
Sec. B.346 Total human services
Source of funds
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General fund
590,507,696
606,770,937
Special funds
89,631,251
89,094,967
Tobacco fund
40,046,431
40,046,431
State health care resources fund
267,531,579
268,303,555
Education fund
3,929,242
3,929,242
Federal funds
1,186,473,782 1,207,610,475
Global commitment fund
1,224,791,971 1,248,742,299
Internal service funds
1,502,901
1,502,901
Interdepartmental transfers
25,378,027
25,503,430
Permanent trust funds
25,000
25,000
Total
3,429,817,880 3,491,529,237
Fourth:
By striking out Sec. 37 in its entirety and inserting in lieu thereof a
new Sec. 37 to read as follows:
Sec. 37.
2013 Acts and Resolves No. 50, Sec. B.500 is amended to read:
Sec. B.500 Education - finance and administration
Personal services
7,072,845
7,147,845
Operating expenses
2,019,419
2,519,419
Grants
12,591,200
12,591,200
Total
21,683,464
22,258,464
Source of funds
General fund
3,007,875
3,007,875
Special funds
13,293,157
13,868,157
Education fund
892,795
892,795
Federal funds
3,624,185
3,624,185
Global commitment fund
865,452
865,452
Total
21,683,464
22,258,464
and by striking out Sec. 40 in its entirety and inserting in lieu thereof a new
Sec. 40 read as follows:
Sec. 40.
2013 Acts and Resolves No. 50, Sec. B.515 is amended to read:
Sec. B.515 Total general education
Source of funds
General fund
370,703,978
370,703,978
Special funds
17,197,375
17,772,375
Tobacco fund
766,541
766,541
Education fund
1,452,124,701 1,451,050,701
Federal funds
133,926,899
133,926,899
Global commitment fund
865,452
865,452
Pension trust funds
34,963,059
34,963,059
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Total
2,010,548,005 2,010,049,005
and by adding a new section to be numbered Sec.79a to read as follows:
Sec. 79a.
2013 Acts and Resolves No. 50, Sec. E.500(b) is added to read:
(b)
Of the special funds appropriated in Sec. B.500 of this act, up to
$75,000 shall be transferred to the Joint Fiscal Office from the Agency of
Education for reimbursement of costs incurred for analysis of special education
as authorized in subsections (c) - (f) of this section.
(c)
The Joint Fiscal Office, with the assistance of the Office of Legislative
Council and the Agency of Education, shall develop a request for proposals to
evaluate the use of paraprofessionals to provide special education services in
Vermont public schools.
A special committee consisting of the members of
the Joint Fiscal Committee and the chairs of the House and Senate Committees
on Education shall select a consultant from among the proposals submitted and
the Joint Fiscal Office shall enter into a contract with the consultant to perform
the evaluation required by this section.
(d) The consultant’s evaluation shall include examination of the following:
(1)
the
relationship
between
the
use
of
paraprofessionals
and
achievement of identified student outcomes;
(2)
factors
that
influence
a
school
district’s
decision
to
use
paraprofessionals to deliver special education services;
(3)
the range of and impacts resulting from the implementation of
schoolwide programs for improving and managing behaviors, particularly on
the use of paraprofessionals;
(4)
if and how the current education funding system impacts the use of
paraprofessionals to deliver special education services;
(5)
the
quality
and
availability
of
information
to
boards
and
administrators of supervisory unions and school districts to monitor and
evaluate the delivery of special education services; and
(6)
local governance practices regarding regular reevaluation of the
needs for one-on-one aides and the movement of special needs students toward
independence from an aide.
(e)
The Joint Fiscal Office, the Office of Legislative Council, and the
Agency of Education shall assist the consultant to gather data necessary for an
evaluation.
The
consultant
shall
interview
school
board
members,
administrators, licensed teachers, and paraprofessionals and shall provide
opportunities for participation by students with special needs and their parents
or guardians.
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(f)
On or before January 15, 2015, the consultant shall submit a report to
the
Governor,
the
Joint
Fiscal
Committee,
and
the
House
and
Senate
Committees
on
Education
detailing
research,
conclusions,
and
recommendations.
Fifth:
By striking out Sec. 42 in its entirety and inserting in lieu thereof a
new Sec. 42 to read as follows:
Sec. 42.
2013 Acts and Resolves No. 50, Sec. B.714 is amended to read:
Sec. B.714 Total natural resources
Source of funds
General fund
26,072,035
27,838,171
Special funds
34,994,533
34,994,533
Fish and wildlife fund
8,914,102
8,914,102
Federal funds
20,837,609
20,837,609
Interdepartmental transfers
6,986,357
6,986,357
Total
97,804,636
99,570,772
Sixth:
By striking out Sec. 45 in its entirety and inserting in lieu thereof a
new Sec. 45 to read as follows:
Sec. 45.
2013 Acts and Resolves No. 50, Sec. B.813 is amended to read:
Sec. B.813 Total commerce and community development
Source of funds
General fund
14,731,031
14,731,031
Special funds
18,937,450
19,562,450
Federal funds
44,834,367
44,834,367
Interdepartmental transfers
222,700
222,700
Enterprise funds
827,003
827,003
Total
79,552,551
80,177,551
Seventh:
By striking out Sec. 47 in its entirety and inserting in lieu thereof
a new Sec. 47 to read as follows:
Sec. 47.
2013 Acts and Resolves No. 50, Sec. B.922 is amended to read:
Sec. B.922 Total transportation
Source of funds
Transportation fund
218,733,438
220,657,745
TIB fund
21,121,994
19,197,687
Special funds
2,235,250
2,235,250
Federal funds
373,641,099
373,641,099
Internal service funds
20,319,956
20,319,956
Interdepartmental transfers
4,432,547
4,432,547
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Local match
2,183,313
2,183,313
TIB proceeds fund
10,387,500
10,387,500
Total
653,055,097
653,055,097
Eighth:
By striking out Sec. 49 in its entirety and inserting in lieu thereof a
new Sec. 49 to read as follows:
Sec. 49.
2013 Acts and Resolves No. 50, Sec. B.1001 is amended to read:
Sec. B.1001 Total debt service
Source of funds
General fund
70,521,584
70,210,177
Transportation fund
2,414,979
2,414,979
TIB debt service fund
2,397,816
2,393,683
Special funds
628,910
628,910
ARRA funds
1,253,280
1,153,645
Total
77,216,569
76,801,394
Ninth:
By striking out Sec. 53(a) in its entirety and inserting in lieu thereof
a new Sec. 53(a) to read as follows:
(a)
The following is appropriated in fiscal year 2014 to the Agency of
Transportation:
Transportation Fund
$1,626,284
Tenth:
By adding a new section to be numbered Sec. 53a to read as
follows:
Sec. 53a.
2012 Acts and Resolves No. 162, Sec. BB.1200(a)(1)(B) is amended
to read:
(B)
Transportation Fund.
The amount of $2,200,000 $1,910,949 is
appropriated from the transportation fund to the secretary of administration for
distribution to the agency of transportation, the transportation board, and the
department of public safety to fund the collective bargaining agreements and
the requirements of this act.
Eleventh:
By striking out Sec 71 in its entirety and inserting in lieu thereof
a new Sec. 71 to read as follows:
Sec. 71.
[Deleted]
Twelfth:
By striking out Sec. 73 in its entirety and inserting in lieu thereof
a new Sec. 73 to read as follows:
Sec. 73.
2013 Acts and Resolves No. 50, Sec. E.127(c) is added to read:
(c)
The amount of $200,000 shall be transferred from the fiscal year 2014
- 515 -
Legislature budget to the Joint Fiscal Committee budget for the purpose of
procuring fiscal and policy expertise related to Vermont’s health care system.
Thirteenth:
By adding a new section to be numbered Sec. 75a to read as
follows:
Sec. 75a.
CHOICES FOR CARE; REINVESTMENT
(a)
Of the Choices for Care funds available for reinvestment in fiscal year
2014, the Department of Disabilities, Aging, and Independent Living is
authorized to use up to $1,000,000 in fiscal years 2014 and 2015 on one-time
investments that directly benefit eligible choices for care enrollees and
one-time investments to home- and community-based providers that are
consistent with and prioritized based on current needs analysis to meet the
overall strategic goals and outcomes of the waiver.
This authorization is in
addition to the reinvestment plan submitted by the Department as submitted to
the Committees on Appropriations in January 2014.
The General Fund portion
of this amount is $435,600 which may be transferred to other Department
appropriations
as
needed
to
meet
the
objectives
of
this
section.
The
Department shall report to the Joint Fiscal Committee in July 2014 regarding
this provision.
Fourteenth:
By striking out Sec. 78 in its entirety and inserting in lieu
thereof a new Sec. 78 to read as follows:
Sec. 78.
GENERAL ASSISTANCE HOUSING INTENT
(a)
The General Assembly understands that there is a need for emergency
housing in Vermont and supports the efforts of the Department for Children
and Families to address the growing demand.
It finds that while motels are
currently used to address emergency housing needs, it is the goal of the
General Assembly that motels be reserved for catastrophic situations in the
future.
Fifteenth:
By adding a new section to be numbered Sec. 86a to read as
follows:
Sec. 86a.
SPECIAL WARMTH GRANT
(a)
Effective January 30, 2014, the Department for Children and Families is
authorized to grant $500,000 of the funds available within the fuel assistance
program
for
a
special
warmth
program
to
address
extraordinary
temperature-related fuel assistance needs in the 2013-2014 heating season.
(For text see House Journal 1/23/2014 & 1/24/2014 )
Public Hearings
February 13, 2014 - House Chamber - 7:00-9:00 pm - H. 586 - Improving the
- 516 -
Quality of State Waters - House Agriculture and Forest Products
Public Hearing on the Governor’s Proposed Fiscal Year 2015 State
Budget
For Advocates
House Committee on Appropriations
Tuesday, February 18, 2014, 11:00 a.m. - 12:00 p.m. or Friday, February
21, 2014,
1:00 – 2:30 p.m. –
The House Committee on Appropriations will
hold a public hearing for advocates in room 11 of the State House on the
Governor’s proposed FY2015 state budget. Please sign up in advance, with
Theresa Utton-Jerman at (802) 828-5767 or
tutton@leg.state.vt.us
or in room
40.
The Governor’s budget proposal can be viewed at the Department of
Finance & Management’s website:
http://finance.vermont.gov/state_budget/rec
.
Individual department budgets that have been made available can be viewed
at the Joint Fiscal Office’s website:
http://www.leg.state.vt.us/jfo/dept_budgets_fy_2015.aspx
.
February 19, 2014 - Room 11 - 7:00p,- 8:30pm - Judicial retention - Joint
Committee on Judicial Retention
Information Notice
Deadline for Introducing Bills
Pursuant to Rule 40(c) during the second year of the biennium, except with
the prior consent of the Committee on Rules, no committee, except the
Committees on Appropriations, Ways and Means or Government Operations,
may introduce a bill drafted in standard form after the last day of March
(March 31, 2014).
The Committees on Appropriations and Ways and Means
bill may be drafted in standard form at any time, and Government Operations
bills pertaining to city or town charters, may be drafted in standard form at any
time.
If you are planning on a resolution for presentation at your Town Meeting,
please see Michael Chernick with your information by February 14th
or sooner, if possible.
This will allow sufficient time for processing
and passage by both bodies.
Thank you.
Joint Assembly
February 20, 2014 - 10:30 A.M. – Election of two (2) trustees for the
Vermont State Colleges Corporation.
- 517 -
Candidates for the positions of trustee must notify the Secretary of State
in
writing
not later than February 13, 2014 , by 4:30 P.M. pursuant to the
provisions of 2 V.S.A. §12(b).
Otherwise their names will not appear on the
ballots for these positions.
Do not use pink mail to deliver notification to the
Secretary of State.
Hand delivery is the best method to insure notification has
been received.
The following rules shall apply to the conduct of these elections:
First:
All nominations for these offices will be presented in alphabetical
order prior to voting.
Second:
There will be only one nominating speech of not more than three
(3) minutes and not more than two seconding speeches of not more than one
(1) minute each for each nominee.