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House Calendar
Friday, April 11, 2014
95th DAY OF THE ADJOURNED SESSION
House Convenes at 9:30 a.m.
TABLE OF CONTENTS
Page No.
ACTION CALENDAR
Third Reading
H. 891
The authority of the Secretary of Agriculture, Food and Markets to
respond to and remediate potential public health hazards ........................... 1906
Favorable
S. 100
An act relating to forest integrity ..................................................... 1906
Rep. Malcolm for Natural Resources and Energy
Senate Proposal of Amendment
H. 584
Municipal regulation of parking lots and meters ............................. 1906
H. 631
Lottery commissions ....................................................................... 1906
H. 872
The State’s Transportation Program and miscellaneous changes to the
State’s transportation laws ........................................................................... 1907
Rep. Brennan Amendment .......................................................................... 1924
NOTICE CALENDAR
Favorable with Amendment
H. 586
Improving the quality of State waters ............................................. 1924
Rep. Deen for Fish, Wildlife and Water Resources
Rep. Partridge for Agriculture and Forest Products .................................... 1946
Rep. Ram for Ways and Means ................................................................... 1960
Consent Calendar
H.C.R. 293
Congratulating the Vermont Commission on Women on its 50th
anniversary .................................................................................................. 1963
H.C.R. 294
Designating Saturday, November 1, 2014 as the Button Up
Vermont Day of Action ............................................................................... 1963
H.C.R. 295
Honoring World War II veteran Walter Berry of East Concord
..................................................................................................................... 1963
H.C.R. 296
Congratulating Judd Levine on being named a 2014 LifeChanger
of the Year ................................................................................................... 1963
H.C.R. 297
Congratulating the Town of Hubbardton on its 250th anniversary
..................................................................................................................... 1963
H.C.R. 298
Congratulating the 2014 Essex High School Vermont National
Education Scholars’ Bowl championship team ........................................... 1963
H.C.R. 299
Congratulating the 2014 Vermont Jr Iron Chef culinary
competition winners .................................................................................... 1963
H.C.R. 300
Congratulating Sam Boudreau on winning the 2014 Vermont
Poetry Out Loud Competition ..................................................................... 1963
H.C.R. 301
Congratulating the 2014 Black River High School girls’
championship snowboarding team .............................................................. 1964
H.C.R. 302
Congratulating the Rutland High School cheerleading team on its
third-place finish at the New England Interscholastic Spirit Championship1964
H.C.R. 303
Congratulating the record-setting 2014 Mt. Anthony Union High
School Patriots’ State championship wrestling team .................................. 1964
H.C.R. 304
Congratulating Frank Pecora on his induction into the National
High School Hall of Fame ........................................................................... 1964
H.C.R. 305
Congratulating the 2014 Thetford Academy Panthers Division III
championship girls’ basketball team ........................................................... 1964
H.C.R. 306
Congratulating the 2013 Oxbow Union High School Lady
Olympians Division III championship softball team ................................... 1964
H.C.R. 307
Recognizing April 2014 as Fair Housing Month in Vermont . 1964
H.C.R. 308
Congratulating Ruth (Shattuck) Austin of Newport on her 100th
birthday ........................................................................................................ 1964
S.C.R. 54
Senate concurrent resolution congratulating the Washington Electric
Cooperative on its 75th anniversary ............................................................ 1964
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ORDERS OF THE DAY
ACTION CALENDAR
Third Reading
H. 891
An act relating to the authority of the Secretary of Agriculture, Food and
Markets to respond to and remediate potential public health hazards
Favorable
S. 100
An act relating to forest integrity
Rep. Malcolm of Pawlet,
for the Committee on
Natural Resources and
Energy
, recommends that the bill ought to pass in concurrence.
(Committee Vote: 11-0)
(For text see Senate Journal March 19, 2014 )
Senate Proposal of Amendment
H. 584
An act relating to municipal regulation of parking lots and meters
The Senate proposes to the House to amend the bill as follows:
In Sec. 2, 24 V.S.A. § 2291, in subdivision (26), at the end of the second
sentence, after ―land necessary for such projects‖ by inserting subject to the
restrictions set forth in section 2805 of this title and 18 V.S.A. § 5318
(For text see House Journal March 13, 2014 )
H. 631
An act relating to lottery commissions
The Senate proposes to the House to amend the bill by striking out all after the
enacting clause and inserting in lieu thereof the following:
Sec. 1.
LOTTERY COMMISSION BONUS
(a)
Under the State Lottery Commission Lottery Rules and Regulations, the
Lottery Commission shall pay a one percent bonus payment to licensed lottery
agents who sell any draw game ticket that wins at least $10,000.00.
The one
percent bonus payment shall not exceed $30,000.00, and payment shall be
made to lottery agents once the draw game results become official, regardless
of whether the ticket is claimed or unclaimed.
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(b)
On or before July 1, 2015, the Executive Director of the Lottery
Commission shall amend the State Lottery Commission Lottery Rules and
Regulations to be consistent with the requirements of subsection (a) of this
section.
Sec. 2.
REPEAL
Sec. 1(a) of this act shall be repealed 45 days after such time as the Lottery
Commission has issued a rule updating the State Lottery Commission Lottery
Rules and Regulations.
Sec. 3.
EFFECTIVE DATE
This act shall take effect on July 1, 2014.
(For text see House Journal February 28, 2014 )
H. 872
An act relating to the State’s Transportation Program and miscellaneous
changes to the State’s transportation laws
The Senate proposes to the House to amend the bill by striking all after the
enacting clause and inserting in lieu thereof the following:
* * * Transportation Program; Definitions * * *
Sec. 1.
TRANSPORTATION PROGRAM ADOPTED; DEFINITIONS
(a)
The
Agency
of
Transportation’s
proposed
fiscal
year
2015
Transportation Program appended to the Agency of Transportation’s proposed
fiscal year 2015 budget, as amended by this act, is adopted to the extent
federal, State, and local funds are available.
(b)
As used in this act, unless otherwise indicated:
(1)
―Agency‖ means the Agency of Transportation.
(2)
―Secretary‖ means the Secretary of Transportation.
(3)
The table heading ―As Proposed‖ means the Transportation Program
referenced in subsection (a) of this section; the table heading ―As Amended‖
means the amendments as made by this act; the table heading ―Change‖ means
the difference obtained by subtracting the ―As Proposed‖ figure from the ―As
Amended‖ figure; and the term ―change‖ or ―changes‖ in the text refers to the
project- and program-specific amendments, the aggregate sum of which equals
the net ―Change‖ in the applicable table heading.
(4)
―TIB
funds‖
or
―TIB‖
refers
to
monies
deposited
in
the
Transportation Infrastructure Bond Fund in accordance with 19 V.S.A. § 11f.
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* * * Program Development – Funding Sources * * *
Sec. 2.
PROGRAM DEVELOPMENT – FUNDING
Spending authority in the Program Development program is modified in
accordance with this section.
Among projects selected in the Secretary’s
discretion, the Secretary shall:
(1)
reduce project spending authority in the total amount of
$1,500,000.00 in TIB funds; and
(2)
increase
project
spending
authority
in
the
total
amount
of
$1,500,000.00 in transportation funds.
* * * Paving Program * * *
Sec. 3.
PROGRAM DEVELOPMENT—PAVING
Spending authority for the statewide–district leveling activity within the
Program Development—Paving Program is amended to read:
FY14
As Proposed
As Amended
Change
PE
0
0
0
Construction
6,000,000
6,084,089
84,089
Total
6,000,000
6,084,089
84,089
Sources of funds
State
6,000,000
6,084,089
84,089
TIB
0
0
0
Federal
0
0
0
Total
6,000,000
6,084,089
84,089
Sec. 4.
SUPPLEMENTAL PAVING SPENDING
(a)
Notwithstanding 32 V.S.A. § 706 and the limits on program, project, or
activity spending authority approved in the fiscal
year 2014 and 2015
Transportation Programs, the Secretary, with the approval of the Secretary of
Administration and subject to the provisions of subsection (b) of this section,
may transfer Transportation Fund appropriations, other than appropriations for
the Town Highway State Aid, Structures, and Class 2 roadway programs, to
the Program Development (8100001100) – Paving appropriation, for the
specific purpose of improving the condition of selected State highways and
Class 1 town highways that have incurred damage caused by winter weather of
2013–2014.
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(b)
If a contemplated transfer of an appropriation would, by itself, have the
effect of significantly delaying the planned work schedule of a project which
formed the basis of the project’s funding in the fiscal year of the contemplated
transfer, the Secretary shall submit the proposed transfer for approval by the
House and Senate Committees on Transportation when the General Assembly
is in session and, when the General Assembly is not in session, by the Joint
Transportation Oversight Committee.
In all other cases, the Secretary may
execute the transfer, giving prompt notice thereof to the Joint Fiscal Office and
to the House and Senate Committees on Transportation when the General
Assembly is in session and, when the General Assembly is not in session, to
the Joint Transportation Oversight Committee.
(c)
This section shall expire on June 30, 2015.
* * * Supplemental Appropriation; Amendment * * *
Sec. 5.
2014 Acts and Resolves No. 95, Sec. 53 is amended to read:
Sec. 53.
TRANSPORTATION – SUPPLEMENTAL APPROPRIATION
(a)
The following is appropriated in fiscal year 2014 to the Agency of
Transportation:
Transportation Fund
$1,626,284
(b)
The funds appropriated in subsection (a) of this section are authorized
for appropriation and expenditure at the discretion of the Secretary of
Transportation as follows:
(1)
To the Transportation – maintenance State system appropriation
(8100002000) for the specific purpose of excessive winter maintenance costs
caused by winter weather of 2013–2014.
(2)
To
the
Transportation – program
development
appropriation
(8100001100) paving program for the specific purpose of improving the
condition of State highways and Class 1 town highways that have incurred
damage caused by winter weather of 2013–2014.
(c)
The Secretary shall report in July 2014 to the Joint Transportation
Oversight Committee on the appropriation and expenditure authorized in
subsection (b) of this section.
* * * Supplemental Winter Maintenance Spending * * *
Sec. 6.
SUPPLEMENTAL WINTER MAINTENANCE SPENDING
(a)
Notwithstanding 32 V.S.A. § 706 and the limits on program, project, or
activity spending authority approved in the Fiscal Year 2014 Transportation
Program, the Secretary, with the approval of the Secretary of Administration
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and subject to the provisions of subsection (b) of this section, may transfer up
to
$3,000,000.00
in
Transportation
Fund
appropriations,
other
than
appropriations for the Town Highway State Aid, Structures, and Class 2
Roadway
Programs,
to
the
Transportation – maintenance
state
system
appropriation (8100002000) for the specific purpose of paying for excessive
winter maintenance costs caused by winter weather of 2013–2014.
(b)
If a contemplated transfer of an appropriation would, by itself, have the
effect of significantly delaying the planned work schedule of a project, the
Secretary shall submit the proposed transfer for approval by the House and
Senate Committees on Transportation when the General Assembly is in session
and, when the General Assembly is not in session, by the Joint Transportation
Oversight Committee.
In all other cases, the Secretary may execute the
transfer, giving prompt notice thereof to the Joint Fiscal Office and to the
House and Senate Committees on Transportation when the General Assembly
is in session and, when the General Assembly is not in session, to the Joint
Transportation Oversight Committee.
(c)
This section shall expire on June 30, 2014.
* * * Transportation Buildings * * *
Sec.
7.
TRANSPORTATION
BUILDINGS;
INTERSTATE
MAINTENANCE DEPOTS
The following project is added to the Transportation Buildings Program
within the fiscal year 2015 Transportation Program:
Statewide Interstate
Maintenance Depots (study of feasibility of conversion of closed rest areas to
statewide interstate maintenance depots).
* * * Program Development – Safety and Traffic Operations * * *
Sec. 8.
PROGRAM DEVELOPMENT – SAFETY AND TRAFFIC
OPERATIONS
The following project is added to the candidate list of the Program
Development – Safety and Traffic Operations Program within the fiscal year
2015 Transportation Program:
Woodford—Searsburg—VT9 Truck Chain Up
Areas (areas for trucks to pull off the traveled way in order to install chains).
* * * Rail * * *
Sec. 9.
RAIL
(a)
The following project is added to the Rail Program:
Leicester–New
Haven (upgrade track to continuously welded rail on the Vermont Railway
Northern Subdivision from Leicester mile post 76.99 to New Haven mile post
93.48).
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(b)
The Agency is encouraged to apply for a federal discretionary grant to
cover, in whole or in part, the cost of the Leicester–New Haven project.
In the
event the State is awarded a grant for this project, authority to spend the federal
grant funds is added to the fiscal year 2015 Transportation Program—Rail
Program and the amount of federal funds awarded is appropriated to the fiscal
year 2015 Transportation Program—Rail Program.
Sec. 10.
RAILROAD BRIDGE LOAD RATINGS
(a)
Notwithstanding 32 V.S.A. § 706 and the limits on program, project, or
activity spending authority approved in the Fiscal Year 2015 Transportation
Program, the Secretary, with the approval of the Secretary of Administration
and subject to the provisions of subsection (b) of this section, may transfer up
to
$3,000,000.00
in
Transportation
Fund
appropriations,
other
than
appropriations for the Town Highway State Aid, Structures, and Class 2
Roadway Programs, to the Transportation – rail appropriation (8100002300)
for the specific purpose of paying for improvements to State-owned railroad
bridges to address insufficient load ratings if necessary to maintain rail service
at current levels.
(b)
If a contemplated transfer of an appropriation would, by itself, have the
effect of significantly delaying the planned work schedule of a project, the
Secretary shall submit the proposed transfer for approval by the House and
Senate Committees on Transportation when the General Assembly is in session
and, when the General Assembly is not in session, by the Joint Transportation
Oversight Committee.
In all other cases, the Secretary may execute the
transfer, giving prompt notice thereof to the Joint Fiscal Office and to the
House and Senate Committees on Transportation when the General Assembly
is in session and, when the General Assembly is not in session, to the Joint
Transportation Oversight Committee.
(c)
This section shall expire on June 30, 2015.
* * * Authorization of Positions * * *
Sec. 11.
AUTHORIZATION OF POSITIONS
(a)
Sixteen limited service positions at the Agency shall be converted to
permanent classified positions on July 1, 2015.
(b)
The Agency is authorized to establish three new permanent classified
positions to carry out the Local Technical Assistance Program created pursuant
to Sec. 12 of this act.
* * * Local Technical Assistance Program * * *
Sec. 12.
TOWN HIGHWAY VERMONT LOCAL ROADS; LOCAL
TECHNICAL ASSISTANCE PROGRAM
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(a)
On or before June 30, 2015, the Agency shall complete a transition of
the Vermont Local Roads Program from a grant program operated by grantee
Saint Michael’s College to a program operated by the Agency’s Vermont
Transportation Training Center.
The Agency shall continue to offer the
Vermont Local Roads Program a grant agreement until at least April 15, 2015.
(b)
In making the transition, the Agency shall create a Local Technical
Assistance
Program
(LTAP
or
Program)
within
the
Agency’s
Vermont
Transportation Training Center.
Consistent with the history of services
provided by the Vermont Local Roads Program, the purpose of the LTAP will
be to provide transportation-related technical assistance and training for
municipalities, including workshops, technology demonstrations, computer
training, distance learning, seminars, and field and classroom instruction.
If it
is legally permissible for the LTAP to use the name Vermont Local Roads, the
Agency may continue to use that name.
(c)(1)
Upon completion of the transition described in this section, the Town
Highway Vermont Local Roads Program within the Agency’s proposed fiscal
year 2015 Transportation Program shall be renamed the Local Technical
Assistance Program.
(2)
Funding for the Vermont Local Roads Program approved and
appropriated by the General Assembly for fiscal year 2015 that is unexpended
by Vermont Local Roads Program shall be used for operating expenses of the
LTAP.
(d)
In carrying out the Local Technical Assistance Program, the Agency
shall:
(1)
offer the same or substantially similar courses as were offered by the
Vermont Local Roads Program, as long as demand from municipalities
justifies continuing such course offerings;
(2)
offer courses in multiple locations throughout the State, to a similar
or greater extent than the Vermont Local Roads Program offered courses
throughout the State; and
(3)
continue providing municipalities the support functions that the
Vermont Local Roads Program provided, including facilitating list serves,
issuing informational newsletters, providing technical assistance consultation,
maintaining a website, and supporting cooperation and communication among
municipal transportation officials and employees.
(e)(1)
On or before January 15, 2015, the Agency shall provide the House
and Senate Committees on Transportation an LTAP work plan for fiscal year
2016 detailing how the Program will accomplish the requirements set forth in
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subsection (d) of this section.
(2)
Prior to submitting the work plan required under subdivision (1) of
this subsection to the Committees, the Agency shall:
(A)
in consultation with the Vermont League of Cities and Towns
and any other person the Agency deems appropriate, solicit from all Vermont
towns, villages, and cities recommendations on:
(i)
how
the
LTAP
can
provide
effective
municipal
transportation-related technical assistance and training; and
(ii)
new training, technical assistance, or support functions that
could be provided through the LTAP.
(B)
consider
the
input
and
recommendations
received
from
municipalities in developing the LTAP work plan.
Sec. 13.
19 V.S.A. § 318 is added to read:
§ 318.
LOCAL TECHNICAL ASSISTANCE PROGRAM; INPUT FROM
MUNICIPALITIES
(a)
Prior to submitting a fiscal year Local Technical Assistance Program
(LTAP) work plan to the Federal Highway Administration for approval, the
Agency shall, in consultation with the Vermont League of Cities and Towns
and any other person the Agency deems appropriate, solicit from all Vermont
towns, villages, and cities:
(1)
input on whether the Agency is providing effective municipal
transportation-related technical assistance and training through the LTAP;
(2)
recommendations on how to improve the Agency’s operation of the
LTAP; and
(3)
recommendations for new training, technical assistance, or support
functions to be provided through the LTAP.
(b)
The Agency shall consider the input and recommendations received
from municipalities in developing its annual LTAP work plan.
(c)
Upon request, the Agency shall provide the Vermont League of Cities
and Towns administrative support in soliciting and collecting municipal input
and recommendations.
* * * Central Garage * * *
Sec. 14.
TRANSFER TO CENTRAL GARAGE FUND
Notwithstanding 19 V.S.A. § 13(c), in fiscal year 2015, the amount of
$1,120,000.00 is transferred from the Transportation Fund to the Central
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Garage Fund created in 19 V.S.A. § 13.
* * * Cancellation of Projects * * *
Sec. 15.
CANCELLATION OF PROJECTS
Pursuant to 19 V.S.A. § 10g(h) (legislative approval for cancellation of
projects), the General
Assembly approves cancellation of the following
projects:
(1)
Program Development – State Highway Bridges:
(A)
Chester ER 016-1(31) (rehabilitation of VT 11 BR 43);
(B)
Colchester BF 028-1(29) (development and evaluation);
(C)
Enosburg BF 027-1(24) (replacement of VT 108 BR 49);
(D)
Richford STP 034-2( )S (replacement of culvert on VT 105
BR 37);
(2)
Program Development – Town Highway Bridges:
(A)
Bethel BO 1444( ) (TH 19 BR 35);
(B)
Brownington BRO 1449(32) (TH 39 BR 18);
(C)
Jamaica BRO 1442(37) (TH 33 BR 31);
(D) Reading BO 1444( ) (TH 54 BR 28);
(E)
Stockbridge BO 1444( ) (TH 51 BR 30);
(F)
Wheelock TH3 9644 (TH 17 BR 20);
(3)
Rail – Development and Evaluation:
Rutland WCRS(21) (Railyard
Relocation).
(4)
Rest Areas:
Derby IM 091-3(8) (expansion of Derby I-91 rest area).
* * * Discretionary Federal Grants * * *
Sec. 16.
19 V.S.A. § 7(k) is amended to read:
(k)
Upon being apprised of the enactment of a federal law which makes
provision for a federal earmark or the award of a discretionary federal grant for
a transportation project within the State of Vermont, the Agency shall
promptly notify the members of the House and Senate Committees on
Transportation and the Joint Fiscal Office.
Such notification shall include all
available summary information regarding the terms and conditions of the
federal earmark or grant.
For purposes of As used in this section, federal
earmark means a congressional designation of federal aid funds for a specific
transportation project or program.
When the General Assembly is not in
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session, upon obtaining the approval of the Joint Transportation Oversight
Committee, the Agency is authorized to add new projects to the transportation
program in order to secure the benefits of federal earmarks or discretionary
grants.
* * * Acceptance of Grants * * *
Sec. 17.
32 V.S.A. § 5 is amended to read:
§ 5.
ACCEPTANCE OF GRANTS
(a)
No original of any grant, gift, loan, or any sum of money or thing of
value may be accepted by any agency, department, commission, board, or
other part of State government except as follows:
(1)
All such items must be submitted to the Governor who shall send a
copy of the approval or rejection to the Joint Fiscal Committee through the
Joint Fiscal Office together with the following information with respect to said
items:
(A)
the source of the grant, gift, or loan;
(B)
the legal and referenced titles of the grant;
(C)
the costs, direct and indirect, for the present and future years
related to such a grant;
(D)
the department and/or program which will utilize the grant;
(E)
a brief statement of purpose;
(F)
impact on existing programs if grant is not accepted.
(2)
The Governor’s approval shall be final unless within 30 days of
receipt of such information a member of the Joint Fiscal Committee requests
such grant be placed on the agenda of the Joint Fiscal Committee, or, when the
General Assembly is in session, be held for legislative approval.
In the event
of such request, the grant shall not be accepted until approved by the Joint
Fiscal Committee or the Legislature.
The 30-day period may be reduced where
expedited consideration is warranted in accordance with adopted Joint Fiscal
Committee policies.
During the legislative session, the Joint Fiscal Committee
shall file a notice with the House and Senate clerks for publication in the
respective calendars of any grant approval requests that are submitted by the
administration.
(3)
This section shall not apply to the acceptance of grants, gifts,
donations, loans, or other things of value with a value of $5,000.00 or less, or
to the acceptance by the Department of Forests, Parks and Recreation of
grants, gifts, donations, loans, or other things of value with a value of
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$15,000.00 or less, provided that such acceptance will not incur additional
expense to the State or create an ongoing requirement for funds, services, or
facilities.
The Secretary of Administration and Joint Fiscal Office shall be
promptly notified of the source, value, and purpose of any items received
under this subdivision.
The Joint Fiscal Office shall report all such items to
the Joint Fiscal Committee quarterly.
(4)
With respect to acceptance of the original of a federal transportation
earmark or of a discretionary federal grant for a transportation project, the
provisions of subdivisions (a)(1) and (a)(2) shall apply, except that in addition:
(A)
notification of the Governor’s approval or rejection shall also be
made
to
the
Chairs
of
the
House
and
Senate
Committees
on
Transportation; and
(B)
such grant or earmark shall be placed on the agenda, and shall be
subject to the approval, of a committee comprising the Joint Fiscal Committee
and the Chairs of the House and Senate Committees on Transportation, if one
of the Chairs or a member of the Joint Fiscal Committee so requests.
* * *
* * * State Highways; Detours * * *
Sec. 18.
19 V.S.A. § 10 is amended to read:
§ 10.
DUTIES
The agency Agency shall, except where otherwise specifically provided
by law:
* * *
(3)
Exercise general supervision of all transportation functions, have the
right to direct traffic on all state State highways which are under construction
and maintenance, and may close all or any part of a state State highway which
is under construction or repair.
The agency shall properly mark sections of
highway which are closed to traffic, and shall Agency shall maintain detours
comprising State or town highways, or both, around closed sections planned
closures of State highways in excess of 72 hours.
If the Agency maintains a
detour on a town highway, it shall be responsible for repairing any damage to
the town highway caused by the detoured traffic.
* * *
Sec. 19.
23 V.S.A. § 1006a is amended to read:
§ 1006a.
HIGHWAYS; EMERGENCY CLOSURE
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(a)
The traffic committee Traffic Committee may close any part or all of
any state State highway to public travel to protect the health, safety, or welfare
of the public.
In such event, the agency of transportation shall properly mark
and Agency may maintain a detour comprising State or town highways, or
both, around the closed section.
If the Agency maintains a detour on a town
highway, it shall be responsible for repairing any damage to the town highway
caused by the detoured traffic.
* * *
* * * Surplus Property * * *
Sec. 20.
19 V.S.A. § 26 is amended to read:
§ 26.
PURCHASE AND SALE OF PROPERTY
(a)(1)
Subject to subsection (b) of this section:
(A)
The Agency may purchase or lease any land, taking conveyance
in the name of the state State, when land is needed in connection with the
layout, construction, repair, and maintenance of any State highway, or the
reconstruction of the highway.
(B)
The Agency may acquire or construct buildings necessary for use
in connection with this work.
(C)
When any of the land or the buildings acquired or the buildings
constructed become no longer necessary for these purposes, the Agency may
sell or lease the property.
(2)
The proceeds from any sale or lease shall be deposited in the
Transportation
Fund and,
unless
otherwise
required
by
federal
law
or
regulation,
shall
be
credited
to
transportation
buildings to
be
used
for
transportation
building
projects
previously
authorized
by
the
General
Assembly.
* * *
* * * Consolidated Transportation Report * * *
Sec. 21.
FINDINGS
The General Assembly finds:
(1)
Timely access to accurate and comprehensive information about the
State’s transportation system and the Agency’s activities is necessary for the
House and Senate Committees on Transportation to carry out their oversight
functions and to develop transportation policy.
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(2)
Under current law, the Committees receive such information in
several different reports.
(3)
Requiring the Agency to submit one consolidated transportation
system and activities report will facilitate the oversight and policy-setting work
of the Committees and better enable the public to evaluate the State’s
transportation system and the Agency’s activities.
Sec. 22.
19 V.S.A. § 42 is amended to read:
§ 42.
REPORTS PRESERVED; CONSOLIDATED TRANSPORTATION
REPORT
(a)
Notwithstanding 2 V.S.A. § 20(d), the reports or reporting requirements
of this section and sections 7(k), 10b(d), 10c(k), 10c(l), 10e(c), 10g, 11f(i),
12a, and 12b(d) of this title shall be preserved absent specific action by the
General Assembly repealing the reports or reporting requirements.
(b)
Annually, on or before January 15, the Agency shall submit a
consolidated transportation system and activities report to the House and
Senate Committees on Transportation.
The report shall consist of:
(1)
Financial and performance data of all public transit systems, as
defined in 24 V.S.A. § 5088(6), that receive operating subsidies in any form
from the State or federal government, including subsidies related to the Elders
and Persons with Disabilities Transportation Program for service and capital
equipment.
This component of the report shall:
(A)
be developed in cooperation with the Public Transit Advisory
Council;
(B)
be modeled on the Federal Transit Administration’s National
Transit Database Program with such modifications as appropriate for the
various services and guidance found in the most current State policy plan;
(C)
show as a separate category financial and performance data on
the Elders and Persons with Disabilities Transportation Program;
(D)
describe any action the Agency has taken pursuant to contractual
authority to terminate funding for routes or to request service changes for
failure to meet performance standards.
(2)
Data on pavement conditions of the State highway system that, at a
minimum, shall include a pavement condition index that rates the State
highway system and the current and historic percentage of State highway
pavement mileage that is rated in poor or very poor condition.
(3)
A description of the conditions of bridges, culverts, and other
structures on the State highway system and on town highways and of the status
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of the accelerated bridge program.
(4)
Department of Motor Vehicle data, including the number of vehicle
registrations
and
licenses
issued,
revenues
by
category,
transactions
by
category, commercial motor vehicle statistics, and any other information the
Commissioner deems relevant.
(5)
A summary of updates to the Agency’s strategic plans and
performance measurements used in its strategic plans.
(6)
A summary of the statuses of aviation, rail, and public transit
projects programmed for construction during the previous calendar year.
(7)
Data and statistics regarding highway safety, including trends in
vehicle crashes and fatalities, traffic counts, and trends in vehicle miles
traveled.
(8)
An overview of operations and maintenance activities, including
winter maintenance statistics, snow and ice control plans, and equipment
performance measures.
(9)
Data on the miles of State highway paving completed during the
previous construction season.
(10)
A list of projects for which the construction phase was completed
during the most recent construction season.
(11)
Such
other
information
that
the
Secretary
determines
the
Committees on Transportation need to perform their oversight role.
Sec. 23.
19 V.S.A. § 10c is amended to read:
§ 10c.
STATEMENT OF POLICY; HIGHWAYS AND BRIDGES
* * *
(k)(1)
The agency shall by January 15 of each year submit a report on the
pavement conditions of the state highway system to the house and senate
committees
on
transportation
which,
at
a
minimum,
shall
contain
the
information, updated to the latest date consistent with the publication date,
which is included in the agency’s publication entitled ―Pavement Management
Annual Report 2006.‖
The report in addition shall include information
describing the actual historic percentage of state system pavement which is
rated as being in poor or very poor condition.
(2)
The agency shall report to the house and senate committees on
transportation regarding alternate formats and measurements for this report.
[Repealed.]
(l)
The agency shall by January 15 of each year submit a report on the
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condition of bridges, culverts, and other structures on the state system and
town highways to the house and senate committees on transportation. The
agency shall report to the house and senate committees on transportation on
alternate formats and measurements for this report.
[Repealed.]
* * *
Sec. 24.
19 V.S.A. § 10e(c) is amended to read:
(c)
The agency of transportation shall, by January 15 of each year, submit a
rail
report
to
the
members
of
the
house
and
senate
committees
on
transportation.
The report shall include the status of projects programmed for
delivery during the previous calendar year and a summary of any changes to
the agency’s organizational structure which may affect project delivery.
[Repealed.]
Sec. 25.
24 V.S.A. § 5092 is amended to read:
§ 5092.
REPORTS
The Agency of Transportation, in cooperation with the Public Transit
Advisory Council, shall develop an annual report of financial and performance
data of all public transit systems that receive operating subsidies in any form
from the State or federal government, including subsidies related to the elders
and persons with disabilities transportation program for service and capital
equipment.
Financial and performance data on the elders and persons with
disabilities transportation program shall be a separate category in the report.
The report shall be modeled on the Federal Transit Administration’s National
Transit Database Program with such modifications as appropriate for the
various services and guidance found in the most current state policy plan.
The
report shall describe any action taken by the Agency pursuant to contractual
authority to terminate funding for routes or to request service changes for
failure to meet performance standards.
The Agency shall deliver the report to
the General Assembly by January 15 of each year.
Notwithstanding 2 V.S.A.
§ 20(d), this annual report shall be produced indefinitely absent specific action
by the General Assembly repealing the report.
[Repealed.]
* * * Vermont Design Standards * * *
Sec. 26.
RECOMMENDATIONS TO UPDATE VERMONT STATE
DESIGN STANDARDS
(a)
Prior to updating the ―Vermont State Standards for the Design of
Transportation Construction, Reconstruction and Rehabilitation of Freeways,
Roads and Streets‖ (Vermont State Standards), the Secretary shall establish a
multi-disciplinary Stakeholders Group consisting of representatives of public
and private sector entities from the various modes of transportation affected by
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the Vermont State Standards to provide the Agency with critical input in
revising the Standards.
(b)
Purpose and charge.
The Stakeholders Group shall:
(1)
Review the current Vermont State Standards and identify areas of
the Standards that require modification to be current with state-of-practice
transportation
facility
design,
and
modifications
to
be
consistent
with
supplemental design guidance and policies prepared by the Agency since 1997.
In fulfilling this primary duty, the Group shall also identify other related
Agency standards and guidance that would need to be addressed to align with
the revised Vermont State Standards.
(2)
Identify barriers, gaps, and opportunities that exist in current Agency
design
practices, standards,
and
guidance
to
address
the
needs
of
all
transportation modes in a variety of contexts.
(3)
Document the opportunities that exist to modify the existing
Vermont State Standards to meet current state-of-the-industry practices.
(4)
Prepare
an
implementation
plan
and
associated
schedule
for
addressing the various components of the Vermont State Standards that require
modification.
(c)
On or before March 15, 2015, the Agency shall submit a written report
of the Stakeholder Group findings and recommendations to the House and
Senate Committees on Transportation.
* * * Scrap Dealers; Railroad Scrap * * *
Sec. 27.
9 V.S.A. § 3021(8) is added to read:
(8)
―Railroad scrap‖ means any scrap metal consisting primarily of the
steel components used in rolling stock, railroad tracks, including rails, joint
bars, tie plates, anchors, turnouts, frogs, and spikes.
―Railroad scrap‖ also
includes railroad signals and signal components.
Sec. 28.
9 V.S.A. § 3022 is amended to read:
§ 3022.
PURCHASE OF NONFERROUS SCRAP, METAL ARTICLES,
AND PROPRIETARY ARTICLES, AND RAILROAD SCRAP
(a)
[Repealed.]
(b)
A scrap metal processor may purchase nonferrous scrap, metal articles,
and proprietary articles, and railroad scrap only if the scrap metal processor
complies with all the following procedures:
(1)
At the time of sale, the processor:
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(A)
Requires the seller to provide a current government-issued
photographic
identification
that
indicates
the
seller’s
full
name,
current
address, and date of birth, and records in a permanent ledger the identification
information of the seller, the time and date of the transaction, the license
number of the seller’s vehicle, and a description of the items received from the
seller.
(B)
Requests and, if available, collects documentation from the seller
of the items offered for sale, such as a bill of sale, receipt, letter of
authorization, or similar evidence that establishes that the seller lawfully owns
the items to be sold.
(2)
After purchasing an item from a person who fails to provide
documentation pursuant to subdivision (1)(B) of this subsection, the processor:
(A)
Submits to the Department of Public Safety no later than the
close of the following business day a report that describes the item and the
seller’s
identifying
information
required
in
subdivision
(1)(A)
of
this
subsection.
(B)
Holds the item for at least 10 days following purchase.
(c)
The information collected by a scrap metal processor pursuant to this
section shall be retained for at least five years at the processor’s normal place
of business or other readily accessible and secure location.
On request, this
information shall be made available to any law enforcement official or
authorized security agent of a governmental entity who provides official
credentials at the scrap metal processor’s business location during regular
business hours.
* * * Site Plan Review; Access to State Highways * * *
Sec. 29.
24 V.S.A. § 4416 is amended to read:
§ 4416.
SITE PLAN REVIEW
(a)
As prerequisite to the approval of any use other than one- and
two-family dwellings, the approval of site plans by the appropriate municipal
panel may be required, under procedures set forth in subchapter 10 of this
chapter.
In reviewing site plans, the appropriate municipal panel may impose,
in accordance with the bylaws, appropriate conditions and safeguards with
respect to:
the adequacy of parking, traffic access, and circulation for
pedestrians and vehicles; landscaping and screening; the protection of the
utilization of renewable energy resources; exterior lighting; the size, location,
and design of signs; and other matters specified in the bylaws.
The bylaws
shall specify the maps, data, and other information to be presented with
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applications for site plan approval and a review process pursuant to section
4464 of this title.
(b)
Whenever a proposed site plan involves access to a State highway, the
application for site plan approval shall include a letter of intent from the
Agency of Transportation confirming that the Agency has reviewed the
proposed site plan and is prepared to issue an access permit under 19 V.S.A.
§ 1111, and setting out any conditions that the Agency proposes to attach to the
section 1111 permit.
* * * Survey Plats * * *
Sec. 30.
27 V.S.A. § 1404(a) is amended to read:
(a)
Survey
plats
prepared
and
filed
by
municipal
and state State
government agencies shall be exempt from subdivision 1403(b)(6) 1403(b)(5)
of this title.
Each plat sheet filed under this exemption shall contain a title area
in the lower right-hand corner of the sheet stating the location of the land, the
scale expressed in engineering units, and the date of compilation.
Highway
plats or plans filed under this exemption shall also include right-of-way detail
sheets and a title sheet.
* * * Proposed Communications Facilities; Notification to Secretary of
Transportation * * *
Sec. 31.
30 V.S.A. § 248a is amended to read:
§ 248a.
CERTIFICATE OF PUBLIC GOOD FOR COMMUNICATIONS
FACILITIES
* * *
(e)
Notice.
No less than 45 days prior to filing an application for a
certificate of public good under this section, the applicant shall serve written
notice of an application to be filed with the Board pursuant to this section to
the legislative bodies and municipal and regional planning commissions in the
communities in which the applicant proposes to construct or install facilities;
the Secretary of Natural Resources; the Secretary of Transportation; the
Division for Historic Preservation; the Commissioner of Public Service and its
Director for Public Advocacy; the Natural Resources Board if the application
concerns a telecommunications facility for which a permit previously has been
issued under 10 V.S.A. chapter 151; and the landowners of record of property
adjoining the project sites.
In addition, at least one copy of each application
shall be filed with each of these municipal and regional planning commissions.
Upon motion or otherwise, the Public Service Board shall direct that further
public or personal notice be provided if the Board finds that such further notice
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will not unduly delay consideration of the merits and that additional notice is
necessary for fair consideration of the application.
* * *
* * * Effective Dates * * *
Sec. 32.
EFFECTIVE DATES
(a)
This
section
and
Secs.
4
(supplemental
paving
spending),
5
(supplemental
appropriation),
and
6
(supplemental
winter
maintenance
spending), shall take effect on passage.
(b)
All other sections shall take effect on July 1, 2014.
(For text see House Journal March 18, 2014 )
Amendment to be offered by Rep. Brennan of Colchester to H. 872
Moves that the House concur in the Senate proposal of amendment with
further proposal of amendment as follows:
First:
In Sec. 15, by striking subdivision (4) in its entirety
Second:
By adding a new section to be Sec. 15a and a reader assistance
thereto to read:
* * * Rest Areas Program * * *
Sec. 15a.
REST AREAS PROGRAM; DERBY WELCOME CENTER
In the Agency’s proposed fiscal year 2015 Transportation Program, in the
Rest Areas Program, the Project Information section for the Derby Welcome
Center project, IM 091-3(8), is amended to delete all of the text in the
Comments field.
NOTICE CALENDAR
Favorable with Amendment
H. 586
An act relating to improving the quality of State waters
Rep. Deen of Westminster,
for the Committee on
Fish, Wildlife & Water
Resources,
recommends the bill be amended by striking all after the enacting
clause and inserting in lieu thereof the following:
* * * Agricultural Water Quality;
Small Farm Certification and Inspection * * *
Sec. 1.
6 V.S.A. § 4858a is added to read:
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§ 4858a.
SMALL FARM CERTIFICATION
(a)
Rulemaking; small farm certification.
On or before January 1, 2016,
the Secretary of Agriculture, Food and Markets shall adopt by rule a
requirement that all small farms in the State submit to the Secretary a
certification of compliance with the accepted agricultural practices.
The rules
required by this subsection shall be adopted as part of the accepted agricultural
practices under section 4810 of this title.
(b)
Content of rules.
The rules for small farm certification shall:
(1)
Define
what
constitutes
a
small
farm
for
the
purposes
of
certification.
(2)
Require a small farm to be certified in order to operate in the State.
(3)
Require the owner or operator of a small farm to certify to the
Secretary of Agriculture, Food and Markets at least every five years that the
owner or operator complies with the accepted agricultural practices adopted
under section 4810 of this title.
The certification shall identify the farm subject
to the certification and the person or persons who own or operate the farm.
The owner or operator of the farm shall certify compliance with the accepted
agricultural practices, including that:
(A)
The farm does not directly discharge wastes into the surface
waters from a discrete conveyance such as a pipe, ditch, or conduit without a
permit under 10 V.S.A. § 1258.
(B)
Manure stacking sites, fertilizer storage, and other nutrient source
storage on the farm are not located within 100 feet of private wells.
(C) Manure is not stacked or stored on lands subject to annual
overflow from adjacent waters.
(D)
Manure is not field stacked on unimproved sites within 100 feet
of a surface water.
(E)
Barnyards, waste management systems, animal holding areas,
and production areas shall be constructed, managed, and maintained to prevent
runoff
of
waste
to
surface
water,
to
groundwater,
or
across
property
boundaries.
(F)
Nutrient application on the farm is based on soil testing by field
and is consistent with university recommendations, standard agricultural
practices, or a Secretary-approved nutrient management plan for the farm.
(G)
Manure on the farm is not applied within 25 feet of an adjoining
surface water, is not applied within 10 feet of a ditch, or is applied in such a
manner as to enter surface water.
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(H)
Fertigation and chemigation equipment is operated only with an
adequate anti-siphon device between the system and the water source.
(I)
Cropland on the farm is cultivated in a manner that results in an
average soil loss of less than or equal to the soil loss tolerance for the prevalent
soil, known as 1T, as calculated through application of the Revised Universal
Soil Loss Equation, or through the application of similarly accepted models.
(J)
A vegetative buffer zone of perennial vegetation is maintained
between annual croplands and the top of the bank of adjoining surface waters
in a manner that complies with requirements of the accepted agricultural
practices.
(K)
Manure,
fertilizer,
pesticide
storage
structures,
and
farm
structures are not located within a floodway area as presented on National
Flood Insurance Maps on file with town clerks or within a Fluvial Erosion
Hazard Zone as designated by municipal bylaw or ordinance.
(4)
Require the Secretary to visit small farms in the State for purposes of
assessing
compliance
with
the
accepted
agricultural
practices
and
for
consistency with a certification issued under this section.
The Secretary may
prioritize visits to small farms in the State based on identified water quality
issues posed by a farm.
(c)(1)
Identification; ranking of water quality needs.
During a visit to a
small farm required under subsection (b) of this section, the Secretary shall
identify areas where the farm could benefit from capital, structural, or technical
assistance in order to improve or come into compliance with the accepted
agricultural practices.
(2)
Annually, the Secretary shall establish a priority ranking system for
small farms according to the degree of assistance required for compliance with
the accepted agricultural practices if the identified capital, structural, or
technical needs on the farm are not addressed.
(3)
Notwithstanding the requirements of section 4823 of this title, farms
identified under subdivision (2) of this subsection in the greatest level of need
in order to come into compliance with the accepted agricultural practices shall
be given first priority for State financial assistance under subchapter 3 of this
chapter, provided that the Secretary may give first priority for financial
assistance to any farm other than one identified under subdivision (2) of this
subsection when the Secretary determines that a farm needs assistance to
address a water quality issue that requires immediate abatement.
Sec. 2.
6 V.S.A. § 4860 is amended to read:
§ 4860.
REVOCATION; ENFORCEMENT
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(a)
The secretary Secretary may revoke coverage under a general permit or,
an individual permit, or a small farm certification issued under this subchapter
after following the same process prescribed by section 2705 of this title
regarding the revocation of a handler’s license.
The secretary Secretary may
also seek enforcement remedies under sections 1, 11, 12, 13, 16, and 17 of this
title as well as assess an administrative penalty under section 15 of this title
from any person who fails to comply with any permit provision as required by
this subchapter or who violates the terms or conditions of coverage under any
general permit or, any individual permit, or any small farm certification issued
under this subchapter.
However, notwithstanding provisions of section 15 of
this title to the contrary, the maximum administrative penalty assessed for a
violation of this subchapter shall not exceed $5,000.00 for each violation, and
the maximum amount of any penalty assessed for separate and distinct
violations of this chapter shall not exceed $50,000.00.
(b)
Any person who violates any provision of this subchapter or who fails
to comply with any order or the terms of any permit or certification issued in
accordance with this subchapter shall be fined not more than $10,000.00 for
each violation.
Each violation may be a separate offense and, in the case of a
continuing violation, each day’s continuance may be deemed a separate
offense.
(c)
Any person who knowingly makes any false statement, representation,
or certification in any application, record, report, plan, certification, or other
document filed or required to be maintained by this subchapter or by any
permit, rule, regulation, or order issued under this subchapter, or who falsifies,
tampers with, or knowingly renders inaccurate any monitoring device or
method required to be maintained by this subchapter or by any permit, rule,
regulation, or order issued under this subchapter shall upon conviction be
punished by a fine of not more than $5,000.00 for each violation.
Each
violation may be a separate offense and, in the case of a continuing violation,
each day’s continuance may be deemed a separate offense.
Sec. 3.
6 V.S.A. § 4810 is amended to read:
§ 4810.
AUTHORITY; COOPERATION; COORDINATION
(a)
Agricultural land use practices.
In accordance with 10 V.S.A.
§ 1259(i), the secretary Secretary shall adopt by rule, pursuant to 3 V.S.A.
chapter 25 of Title 3, and shall implement and enforce agricultural land use
practices in order to reduce the amount of agricultural pollutants entering the
waters of the state State.
These agricultural land use practices shall be created
in two categories, pursuant to subdivisions (1) and (2) of this subsection.
(1)
―Accepted Agricultural Practices‖ (AAPs) shall be standards to be
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followed in conducting agricultural activities in this state State.
These
standards shall address activities which have a potential for causing pollutants
to enter the groundwater and waters of the state State, including dairy and
other livestock operations plus all forms of crop and nursery operations and
on-farm or agricultural fairground, registered pursuant to 20 V.S.A. § 3902,
livestock and poultry slaughter and processing activities.
The AAPs shall
include, as well as promote and encourage, practices for farmers in preventing
pollutants from entering the groundwater and waters of the state State when
engaged in, but not limited to, animal waste management and disposal, soil
amendment
applications,
plant
fertilization,
and
pest
and
weed
control.
Persons engaged in farming, as defined in 10 V.S.A. § 6001, who follow these
practices shall be presumed to be in compliance with water quality standards.
AAPs shall be practical and cost effective to implement.
The AAPs for
groundwater shall include a process under which the agency Agency shall
receive, investigate, and respond to a complaint that a farm has contaminated
the drinking water or groundwater of a property owner.
(2)
―Best Management Practices‖ (BMPs) may be required by the
secretary Secretary on a case by case case-by-case basis.
Before requiring
BMPs,
the secretary Secretary shall
determine
that
sufficient
financial
assistance
is
available
to
assist
farmers
in
achieving
compliance
with
applicable BMPs.
BMPs shall be practical and cost effective to implement.
(b)
Cooperation and coordination.
The secretary of agriculture, food and
markets Secretary of Agriculture, Food and Markets shall coordinate with the
secretary of natural resources Secretary of Natural Resources in implementing
and enforcing programs, plans, and practices developed for reducing and
eliminating agricultural non-point source pollutants and discharges
from
concentrated animal feeding operations.
The secretary of agriculture, food and
markets Secretary of Agriculture, Food and Markets and the secretary of
natural resources Secretary of Natural Resources shall develop a memorandum
of understanding for the non-point program describing program administration,
grant negotiation, grant sharing, and how they will coordinate watershed
planning activities to comply with Public Law 92-500.
The secretary of
agriculture, food and markets Secretary of Agriculture, Food and Markets and
the secretary of the agency of natural resources Secretary of Natural Resources
shall also develop a memorandum of understanding according to the public
notice
and
comment
process
of
10
V.S.A.
§
1259(i)
regarding
the
implementation of the federal concentrated animal feeding operation program
and the relationship between the requirements of the federal program and the
state State agricultural water quality requirements for large, medium, and small
farms under chapter 215 of this title.
The memorandum of understanding shall
describe program administration, permit issuance, an appellate process, and
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enforcement
authority
and
implementation.
The
memorandum
of
understanding shall be consistent with the federal National Pollutant Discharge
Elimination System permit regulations for discharges from concentrated
animal feeding operations.
The allocation of duties under this chapter between
the secretary of agriculture, food and markets Secretary of Agriculture, Food
and Markets and the secretary of natural resources Secretary of Natural
Resources shall
be
consistent
with
the secretary’s Secretary’s duties,
established under the provisions of 10 V.S.A. § 1258(b), to comply with Public
Law
92-500.
The secretary
of
natural
resources Secretary
of
Natural
Resources shall be the state State lead person in applying for federal funds
under Public Law 92-500, but shall consult with the secretary of agriculture,
food and markets Secretary of Agriculture, Food and Markets during the
process.
The agricultural non-point source program may compete with other
programs for competitive watershed projects funded from federal funds.
The
secretary of agriculture, food and markets Secretary of Agriculture, Food and
Markets shall be represented in reviewing these projects for funding.
Actions
by the secretary of agriculture, food and markets Secretary of Agriculture,
Food and Markets under this chapter concerning agricultural non-point source
pollution shall be consistent with the water quality standards and water
pollution control requirements of 10 V.S.A. chapter 47 of Title 10 and the
federal Clean Water Act as amended.
In addition, the secretary of agriculture,
food and markets Secretary of Agriculture, Food and Markets shall coordinate
with the secretary of natural resources Secretary of Natural Resources in
implementing and enforcing programs, plans, and practices developed for the
proper management of composting facilities when those facilities are located
on a farm.
(c)
On or before January 1, 2016, the Secretary of Agriculture, Food and
Markets shall amend by rule the accepted agricultural practices required under
this section to include requirements for the certification of small farms under
section 4858a of this title.
The rules adopted under this section shall be at least
as stringent as the requirements of section 4858a of this title.
* * * Agricultural Water Quality; Corrective Actions * * *
Sec. 4.
6 V.S.A. § 4812 is amended to read:
§ 4812.
CORRECTIVE ACTIONS
(a)
When the secretary of agriculture, food and markets Secretary of
Agriculture, Food and Markets determines that a person engaged in farming is
managing a farm using practices which are inconsistent with the practices
defined by requirements of this chapter or rules adopted under this subchapter,
the secretary Secretary may issue a written warning which shall be served in
person or by certified mail, return receipt requested.
The warning shall include
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a brief description of the alleged violation, identification of this statute and
applicable rules, a recommendation for corrective actions that may be taken by
the person, along with a summary of federal and state assistance programs
which may be utilized by the person to remedy the violation and a request for
an abatement schedule from the person according to which the practice shall be
altered.
The person shall have 30 days to respond to the written warning and
shall provide an abatement schedule for curing the violation and a description
of the corrective action to be taken to cure the violation.
If the person fails to
respond to the written warning within this period or to take corrective action to
change the practices in order to protect water quality, the secretary Secretary
may act pursuant to subsection (b) of this section in order to protect water
quality.
(b)
After an opportunity for a hearing, the secretary The Secretary may:
(1)
issue cease and desist orders and administrative penalties in
accordance with the requirements of sections 15, 16, and 17 of this title; and
(2)
institute appropriate proceedings on behalf of the agency Agency to
enforce this subchapter.
(c)
Whenever the secretary Secretary believes that any person engaged in
farming is in violation of this subchapter or rules adopted thereunder, an action
may be brought in the name of the agency Agency in a court of competent
jurisdiction to restrain by temporary or permanent injunction the continuation
or repetition of the violation.
The court may issue temporary or permanent
injunctions, and other relief as may be necessary and appropriate to curtail any
violations.
(d)
The secretary may assess administrative penalties in accordance with
sections 15, 16, and 17 of this title against any farmer who violates a cease and
desist order or other order issued under subsection (b) of this section.
[Repealed.]
(e)
Any person subject to an enforcement order or an administrative
penalty who is aggrieved by the final decision of the secretary Secretary may
appeal to the superior court Superior Court within 30 days of the decision.
The
administrative judge may specially assign an environmental Environmental
judge to superior court Superior Court for the purpose of hearing an appeal.
* * * Agricultural Water Quality; Livestock Exclusion * * *
Sec. 5.
6 V.S.A. chapter 215, subchapter 8 is added to read:
Subchapter 8.
Livestock Exclusion
§ 4971.
DEFINITIONS
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As used in this subchapter:
(1)
―Livestock‖ means cattle, sheep, goats, equines, fallow deer, red
deer,
American
bison,
swine,
water
buffalo,
poultry,
pheasant,
Chukar
partridge, Coturnix quail, camelids, ratites, and, as necessary, other animals
designated by the Secretary by rule.
(2)
―Waters‖ shall have the same meaning as in 10 V.S.A. § 1251(13).
§ 4972.
PURPOSE
The purpose of this subchapter is to authorize the Secretary of Agriculture,
Food and Markets to require exclusion of livestock from a water of the State
where continued access to the water by livestock poses a high risk of violating
the accepted agricultural practices.
§ 4973.
LIVESTOCK EXCLUSION; PERMIT CONDITION
As a condition of a small farm certification, an animal waste permit, or a
large farm permit issued under this chapter, the Secretary of Agriculture, Food
and Markets may require exclusion of livestock from a water of the State
where continued access to the water by livestock poses a high risk of violating
the accepted agricultural practices.
* * * Seasonal Exemption for Manure Application * * *
Sec. 6.
6 V.S.A. § 4816 is added to read:
§ 4816.
SEASONAL APPLICATION OF MANURE
(a)
A person shall not apply manure to land in the State:
(1)
between December 15 and April 1 of any calendar year, unless
authorized under subsection (b) of this section; or
(2)
between December 1 and December 15 and between April 1 and
April 30 of any calendar year when prohibited under subsection (c) of this
section.
(b)
Seasonal exemption.
(1)
The Secretary of Agriculture, Food and Market may authorize an
exemption to the prohibition on the application of manure to land in the State
between December 15 and April 1 of any calendar year.
An exemption issued
under this section may authorize land application of manure on a weekly,
monthly, or seasonal basis or in authorized regions, areas, or fields in the State
provided that the requirements of subdivision (2) of this subsection are
complied with.
(2)
Any exemption issued under this subsection shall:
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(A)
prohibit application of manure:
(i)
in areas with established channels of concentrated stormwater
runoff to surface water, including ditches and ravines;
(ii)
in nonharvested permanent vegetative buffers;
(iii)
in a nonfarmed wetland, as that term is defined in 10 V.S.A.
§ 902(5);
(iv)
within 50 feet of a potable water supply, as that term is
defined in 10 V.S.A. § 1972(6);
(v)
to fields exceeding tolerable soil loss; and
(vi)
to saturated soils;
(B)
establish requirements for the application of manure when frozen
or
snow-covered
soils
prevent
effective
incorporation
at
the
time
of
application;
(C)
require manure to be applied according to a nutrient management
plan; and
(D)
establish the maximum tons of manure that may be applied per
acre during any one application.
(c)
Restriction on application.
The Secretary of Agriculture, Food and
Markets may by procedure prohibit the application of manure to land in the
State between December 1 and December 15 and April 1 and April 30 of any
calendar year when the Secretary determines that due to weather conditions,
soil conditions, or other limitations, application of manure to land would pose
a significant potential of discharge or runoff to State waters.
* * * Agricultural Water Quality; Training * * *
Sec. 7.
6 V.S.A. chapter 215, subchapter 9 is added to read:
Subchapter 9.
Agricultural Water Quality Certification Training
§ 4981.
AGRICULTURAL
WATER
QUALITY
CERTIFICATION
TRAINING; RULEMAKING
(a)
On or before January 1, 2016, the Secretary of Agriculture, Food and
Markets shall adopt by rule requirements for training classes or programs for
owners or operators of small farms, medium farms, or large farms certified or
permitted under this chapter regarding:
(1) the prevention of discharges, as that term is defined in 10 V.S.A.
§ 1251(3); and
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(2)
the mitigation and management of stormwater runoff, as that term is
defined in 10 V.S.A. § 1264, from farms.
(b)
Any training required by rules under this section shall:
(1)
address the existing statutory and regulatory requirements for
operation of a large, medium, or small farm in the State; and
(2)
address the management practices and technical and financial
resources available to assist in compliance with statutory or regulatory
agricultural requirements.
* * * Agricultural Water Quality;
Certification of Custom Applicators * * *
Sec. 8.
6 V.S.A. chapter 215, subchapter 10 is added to read:
Subchapter 10.
Certification of Custom Manure Applicators
§ 4987.
DEFINITIONS
As used in this subchapter:
(1)
―Custom manure applicator‖ means a person who applies manure,
nutrients, or sludge to land and who charges for the service.
(2)
―Manure‖ means livestock waste that may also contain bedding,
spilled feed, water, or soil.
(3)
―Sludge‖ means any solid, semisolid, or liquid generated from a
municipal, commercial, or industrial wastewater treatment plant or process,
water supply treatment plant, air pollution control facility, or any other such
waste having similar characteristics and effects.
§ 4988.
CERTIFICATION OF CUSTOM MANURE APPLICATOR
(a)
On or before January 1, 2015, the Secretary of Agriculture, Food and
Markets shall adopt by procedure a process by which a custom applicator shall
be certified to operate within the State.
The certification process shall require
a custom applicator to complete 16 hours of training over each five-year period
regarding:
(1)
application methods or techniques to minimize the runoff of
land-applied manure, nutrients, or sludge to waters of the State; and
(2)
identification of weather or soil conditions that increase the risk of
runoff of land-applied manure, nutrients, or sludge to waters of the State.
(b)
Beginning January 1, 2016, a custom applicator shall not apply manure,
nutrients, or sludge unless certified by the Secretary of Agriculture, Food and
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Markets.
* * * Agricultural Stream Alteration * * *
Sec. 9.
6 V.S.A. § 4810a is added to read:
§ 4810a.
AGRICULTURAL ACTIVITIES; STREAMS
(a)
As used in this section:
(1)
―Berm‖ means a linear fill of earthen material on or adjacent to the
bank of a watercourse that constrains waters from entering a flood hazard area
or river corridor, as those terms are defined in 10 V.S.A. §§ 752(3) and (11).
(2)
―Instream material‖ means:
(A)
all gradations of sediment from silt to boulders;
(B)
ledge rock; or
(C)
large woody debris in the bed of a watercourse or within the
banks of a watercourse.
(3)
―Intermittent stream‖ means any stream or stream segment of
significant length that is not a perennial stream.
(4)
―Large
woody
debris‖
means
any
piece
of
wood
within
a
watercourse with a diameter of 10 or more inches and a length of 10 or more
feet that is detached from the soil where it grew.
(5)
―Perennial stream‖ means a watercourse or portion, segment, or
reach of a watercourse, generally exceeding 0.5 square miles in watershed size,
in which surface flows are not frequently or consistently interrupted during
normal seasonal low flow periods.
Perennial streams that begin flowing
subsurface during low flow periods, due to natural geologic conditions, remain
defined as perennial.
―Perennial stream‖ shall not mean standing waters in
wetlands, lakes, and ponds.
(6)
―Secretary‖ means the Secretary of Agriculture, Food and Markets.
(7)
―Stream‖ means a current of water that flows at any time at a rate of
less than 1.5 cubic feet per second and exhibits evidence of sediment transport.
A stream shall include the full length and width, including the bed and banks
of any watercourse, including rivers, streams, creeks, brooks, and branches,
which experience perennial flow.
―Stream‖ shall not include swales, roadside
ditches, ditches or other constructed channels primarily associated with land
drainage
or
water
conveyance
through
or
around
private
infrastructure,
excepting such ditches or conveyances that are connected directly with a
stream or river at either end.
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(b)
On or before January 1, 2016, the Secretary shall amend the accepted
agricultural practices to include requirements for agricultural activities that
alter or impact streams in the State.
The accepted agricultural practices for
stream activities shall:
(1)
prohibit the discharge or deposit of manure, milk house waste,
compost, or other discarded substances in a stream or a ditch or ravine that are
connected to a stream;
(2)
require authorization from the Secretary, prior to any change,
alteration, or modification of the course, current, or cross section of a perennial
stream in this State either by movement, fill, or excavation of 10 cubic yards or
more of instream material in any year; and
(3)
require authorization from the Secretary to establish or construct a
berm in a flood hazard area or river corridor, as those terms are defined in
10 V.S.A. § 752(3) and (11).
(c)
The Secretary shall authorize an agricultural activity that alters or
impacts streams in the State if the activity:
(1)
will not adversely affect the public safety by increasing flood or
fluvial erosion hazards;
(2)
will not significantly damage fish life or wildlife;
(3) will not significantly damage the rights of riparian owners; and
(4)
in case of any waters designated as outstanding resource waters, will
not adversely affect the values sought to be protected by designation.
(d)
Prior to issuing an authorization under subdivisions (b)(2) and (3) of
this section, the Secretary shall consult with the Secretary of Natural Resources
regarding appropriate management measures to be used in conducting any
authorized activity.
* * * Stormwater Management * * *
Sec. 10.
10 V.S.A. § 1264 is amended to read:
§ 1264.
STORMWATER MANAGEMENT
* * *
(b)
The secretary Secretary shall prepare a plan for the management of
collected stormwater runoff found by the secretary Secretary to be deleterious
to receiving waters.
The plan shall recognize that the runoff of stormwater is
different from the discharge of sanitary and industrial wastes because of the
influence
of
natural
events
of
stormwater
runoff,
the
variations
in
characteristics of those runoffs, and the increased stream flows and natural
- 1936 -
degradation of the receiving water quality at the time of discharge.
The plan
shall be cost effective and designed to minimize any adverse impact of
stormwater runoff to waters of the state State.
By no later than February 1,
2001,
the secretary Secretary shall
prepare
an
enhanced
stormwater
management program and report on the content of that program to the house
committees on fish, wildlife and water resources and on natural resources and
energy and to the senate committee on natural resources and energy House
Committees on Fish, Wildlife and Water Resources and on Natural Resources
and Energy and to the Senate Committee on Natural Resources and Energy.
In
developing the program, the secretary Secretary shall consult with the board,
affected municipalities, regional entities, other state State and federal agencies,
and members of the public.
The secretary Secretary shall be responsible for
implementation of the program.
The secretary’s Secretary’s stormwater
management program shall include, at a minimum, provisions that:
* * *
(12)
Encourage municipal governments to utilize existing regulatory and
planning
authority
to
implement
improved
stormwater
management
by
providing technical assistance, training, research and coordination with respect
to stormwater management technology, and by preparing and distributing a
model local stormwater management ordinance or bylaw.
Beginning on
July 1, 2014, the Secretary annually shall provide municipalities with outreach
and education through published materials or training courses regarding the
environmental and municipal benefits of adoption of a local stormwater
management ordinance or bylaw.
The stream alteration training and education
activities required under subsection 1023(d) of this title and any education and
outreach conducted under this subdivision (12) shall inform municipalities of
model stormwater management ordinances or bylaws that are available in the
State.
* * *
* * * Water Quality Data Coordination * * *
Sec. 11.
10 V.S.A. § 1284 is added to read:
§ 1284.
WATER QUALITY DATA COORDINATION
(a)
To facilitate attainment or accomplishment of the purposes of this
chapter, the Secretary shall coordinate and assess all available data and science
regarding the quality of the waters of the State, including:
(1)
light detection and ranging information data (LIDAR) identifying
water quality issues;
(2)
stream gauge data;
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(3)
stream mapping, including fluvial erosion hazard maps;
(4)
water quality monitoring or sampling data;
(5)
cumulative stressors on watershed, such as the frequency an activity
is conducted within a watershed or the number of stormwater or other permits
issued in a watershed; and
(6)
any other data available to the Secretary.
(b)
After coordination of the data required under subsection (a) of this
section, the Secretary shall:
(1)
assess where additional data are needed and the best methods for
collection of such data;
(2)
identify and map on a regional basis areas of the State that are
significant contributors to water quality problems or are in critical need of
water quality remediation or response.
(c)
The Secretary shall post all data compiled under this section on the
website of the Agency of Natural Resources.
* * * Shoreland Contractor Certification * * *
Sec.
12.
VOLUNTARY
SHORELAND
EROSION
CONTROL
CERTIFICATION PROGRAM
(a)
Definitions.
As used in this section:
(1)
―Impervious surface‖ shall have the same meaning as in section
1264 of this title.
(2)
―Lake‖ means a body of standing water, including a pond or a
reservoir, which may have natural or artificial water level control.
Private
ponds shall not be considered lakes.
(3)
―Mean water level‖ means the mean water level of a lake as defined
in the Mean Water Level Rules of the Agency of Natural Resources adopted
(4)
―Shoreland area‖ means all land located within 250 feet of the mean
water level of a lake that is greater than 10 acres in surface area.
(b)
Voluntary
certification.
The
Agency
of Natural
Resources,
in
consultation with the Associated General Contractors of Vermont, shall
develop an optional shoreland erosion control certification program to begin on
January 1, 2015.
The program shall include training related to the disturbance
of soil, clearance of vegetation, and construction of impervious surfaces of
more than 1,000 square feet in a shoreland area.
The voluntary certification
- 1938 -
program shall end on January 1, 2018.
(c)
Report.
On or before January 1, 2017, the Agency of Natural Resources
shall report to the House and Senate Committees on Natural Resources and
Energy and the House Committee on Fish, Wildlife, and Water Resources
regarding the voluntary shoreland erosion control certification program created
in subsection (b) of this section.
The report shall include:
(1)
a general summary of the program’s success, including an overview
of shoreland projects constructed by certified persons;
(2)
the number of persons certified under the certification program;
(3)
a recommendation of whether the State should continue the
voluntary certification program, including whether to make the program
mandatory; and
(4)
any other recommendations for improving the program.
(d)
The requirements of this section shall not apply to the owner or
operator of a farm conducting agricultural activities on the farm that comply
with the rules adopted by the Secretary of Agriculture, Food and Markets
under 6 V.S.A. chapter 215, regarding agricultural water quality, including
accepted agricultural practices, best management practices, animal waste
permits, and large farm permits.
The requirements of this section shall apply
to a person, other than an employee of the owner or operator of the farm, who
charges for the service of tillage, harvesting, or other agricultural activity that
disturbs soil, clears vegetation, or constructs impervious surface of more than
500 square feet in a shoreland area.
* * * Forestry Practices * * *
Sec. 13.
DEPARTMENT OF FORESTS, PARKS AND RECREATION;
FORESTRY; PORTABLE SKIDDER PROJECT
In addition to any other funds appropriated to the Department of Forests,
Parks and Recreation in fiscal year 2015 there is appropriated in fiscal year
2015 from the General Fund to the Department:
(1)
$100,000.00 for the purpose of providing technical assistance to
persons engaged in silvicultural practices regarding improved stream crossing
practices; and
(2)
$20,000.00 for the purchase or construction of portable skidder
bridges.
* * * Town Road and Bridge Standards * * *
Sec. 14. 19 V.S.A. § 309b is amended to read:
- 1939 -
§ 309b.
LOCAL MATCH; CERTAIN TOWN HIGHWAY PROGRAMS
(a)
Notwithstanding subsection 309a(a) of this title, grants provided to
towns under the town highway structures program shall be matched by local
funds sufficient to cover 20 percent of the project costs, unless the town has
adopted road and bridge standards, has completed a network inventory, and has
submitted an annual certification of compliance for town road and bridge
standards to the secretary, in which event the local match shall be sufficient to
cover 10 five percent of the project costs.
The secretary Secretary may adopt
rules to implement the town highway structures program.
Town highway
structures projects receiving funds pursuant to this subsection shall be the
responsibility of the applicant municipality.
(b)
Notwithstanding subsection 309a(a) of this title, grants provided to
towns under the class 2 town highway roadway program shall be matched by
local funds sufficient to cover 30 percent of the project costs, unless the town
has adopted road and bridge standards, has completed a network inventory, and
has submitted an annual certification of compliance for town road and bridge
standards to the secretary Secretary, in which event the local match shall be
sufficient to cover 20 15 percent of the project costs.
The secretary Secretary
may adopt rules to implement the class 2 town highway roadway program.
Class 2 town highway roadway projects receiving funds pursuant to this
subsection shall be the responsibility of the applicant municipality, and a
municipality shall not receive a grant in excess of $175,000.00.
* * *
* * * Best Management Practices Income Tax Credit * * *
Sec. 15.
32 V.S.A. § 5930mm is added to read:
§ 5930mm.
AGRICULTURAL BEST MANAGEMENT PRACTICES TAX
CREDIT
(a)
A taxpayer of this State who is engaged in the business of farming or
who is implementing a nutrient management plan approved by the Secretary of
Agriculture, Food and Markets may claim a credit against his or her income
taxes imposed by this chapter in an amount equal to 25 percent of the first
$70,000.00 expended by the taxpayer for an agricultural best management
practice approved by the Secretary of Agriculture, Food and Markets under
6 V.S.A. chapter 215, provided that that the credit shall not exceed the liability
of the taxpayer under this chapter for the year in which the credit is claimed.
(b)
Best management practices eligible for the credit under this section
shall include approved activities to:
(1)
manage the waste from livestock, as that term is defined in 6 V.S.A.
- 1940 -
§ 761;
(2)
control soil erosion;
(3)
nutrient and sediment filtration and detention;
(4)
nutrient management planning; and
(5)
pest and pesticide handling.
(c)
After completion of the best management practice, the Secretary shall
certify the practice as approved and completed, and eligible for credit.
The
taxpayer shall forward the certification of completion to the Department of
Taxes on forms provided by the Department.
The credit shall be allowed only
for expenditures made by the taxpayer from his or her own funds.
(d)
The credit under this section shall be available only for the tax year in
which the funds were expended, as certified by the Secretary of Agriculture,
Food and Markets.
Any taxpayer claiming a credit under this section shall not
claim a credit under any similar State law for costs related to the same eligible
practices.
(e)
The amount of any credit claimed under this section attributable to
agricultural best management practices by a pass-through entity such as a
partnership, limited liability company, or electing small business corporation
(S Corporation) shall be allocated to the individual partners, members, or
shareholders in proportion to their ownership or interest in such entity.
(f)
As used in this section, ―engaged in the business of farming‖ means a
taxpayer earns at least one-half of his or her annual gross income from the
business of farming, as that term is defined in the Internal Revenue Code,
26 C.F.R. § 1.175-3
* * * Water Quality Restoration; Financing Report * * *
Sec. 16.
AGENCY OF NATURAL RESOURCES REPORT ON WATER
QUALITY FINANCING
On or before January 15, 2015, the Secretary of Natural Resources, after
consultation with the Joint Fiscal Office, shall submit to the Senate Committee
on Natural Resources and Energy, the House Committee on Fish, Wildlife and
Water Resources, and the Senate and House Committees on Appropriations a
report that provides recommendations for establishing a financing mechanism
that assesses property owners in the State based on the property’s impact on
water quality.
The report shall include:
(1)
at least two alternative financing mechanisms;
(2)
a summary of how each recommended financing mechanism would
- 1941 -
be implemented, including administration and enforcement; and
(3)
an estimated amount of revenue that each recommended financing
proposal would generate.
* * * Rooms and Meals Tax; Ecosystem Restoration Program * * *
Sec. 17.
32 V.S.A. § 9241 is amended to read:
§ 9241.
IMPOSITION OF TAX
(a)
An operator shall collect a tax of nine and one-quarter percent of the
rent of each occupancy.
(b)
An operator shall collect a tax on the sale of each taxable meal at the
rate of nine and one-quarter percent of each full dollar of the total charge and
on each sale for less than one dollar and on each part of a dollar in excess of a
full dollar in accordance with the following a formula developed and published
by the Department of Taxes:
$0.01-0.11
$0.01
0.12-0.22
0.02
0.23-0.33
0.03
0.34-0.44
0.04
0.45-0.55
0.05
0.56-0.66
0.06
0.67-0.77
0.07
0.78-0.88
0.08
0.89-1.00
0.09
(c)
An operator shall collect a tax on each sale of alcoholic beverages at the
rate of 10 and one-quarter percent of each full dollar of the total charge and on
each sale for less than one dollar and on each part of a dollar in excess of a full
dollar in accordance with the following a formula developed and published by
the Department of Taxes:
$ .01-.14
$.01
.15-.24
.02
.25-.34
.03
.35-.44
.04
.45-.54
.05
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.55-.64
.06
.65-.74
.07
.75-.84
.08
.85-.94
.09
.95-1.00
.10
Sec. 18.
32 V.S.A. § 9242(c) is amended to read:
(c)
A tax of nine and one-quarter percent of the gross receipts from meals
and occupancies, nine and one-quarter percent of the gross receipts from
meals, and 10 and one-quarter percent of the gross receipts from alcoholic
beverages, exclusive of taxes collected pursuant to section 9241 of this title,
received from occupancy rentals, taxable meals and alcoholic beverages by an
operator, is hereby levied and imposed and shall be paid to the State by the
operator as herein provided.
Every person required to file a return under this
chapter shall, at the time of filing the return, pay the Commissioner the taxes
imposed by this chapter as well as all other monies collected by him or her
under this chapter; provided, however, that every person who collects the taxes
on taxable meals and alcoholic beverages according to the tax bracket
schedules of section 9241 of this title shall be allowed to retain any amount
lawfully collected by the person in excess of the tax imposed by this chapter as
compensation for the keeping of prescribed records and the proper account and
remitting of taxes.
Sec. 19.
32 V.S.A. § 435 is amended to read:
§ 435.
GENERAL FUND
(a)
There is established a General Fund which shall be the basic operating
fund of the State.
The General Fund shall be used to finance all expenditures
for which no special revenues have otherwise been provided by law.
(b)
The General Fund shall be composed of revenues from the following
sources:
(1)
Alcoholic beverage tax levied pursuant to 7 V.S.A. chapter 15;
(2)
[Repealed.]
(3)
Electrical energy tax levied pursuant to chapter 213 of this title;
(4)
Corporate income and franchise taxes levied pursuant to chapter 151
of this title;
(5) Individual income taxes levied pursuant to chapter 151 of this title;
(6)
All corporation taxes levied pursuant to chapter 211 of this title;
- 1943 -
(7)
Meals 98 percent of the meals and rooms taxes levied pursuant to
chapter 225 of this title;
(8)
[Repealed.]
(9)
Revenues from the Racing Fund consistent with 31 V.S.A. § 611
609;
(10)
33 percent of the revenue from the property transfer taxes levied
pursuant to chapter 231 of this title and the revenue from the gains taxes levied
each year pursuant to chapter 236 of this title;
(11)
65 percent of the revenue from sales and use taxes levied pursuant
to chapter 233 of this title;
(12)
All other revenues accruing to the State not otherwise required by
law to be deposited in any other designated fund or used for any other
designated purpose.
* * * Rental Car Tax * * *
Sec. 20.
32 V.S.A. § 8903(d) is amended to read:
(d)
There is hereby imposed a use tax on the rental charge of each
transaction, in which the renter takes possession of the vehicle in this State,
during the life of a pleasure car purchased for use in short-term rentals, which
tax is to be collected by the rental company from the renter and remitted to the
Commissioner.
The amount of the tax shall be nine 10 percent of the rental
charge. Rental charge means the total rental charge for the use of the pleasure
car, but does not include a separately stated charge for insurance, or recovery
of refueling cost, or other separately stated charges which are not for the use of
the pleasure car.
In the event of resale of the vehicle in this State for use other
than short-term rental, such transaction shall be subject to the tax imposed by
subsection (a) of this section.
Sec. 21.
32 V.S.A. § 8912 is amended to read:
§ 8912.
ALLOCATION OF FUNDS
The taxes collected under this chapter shall be paid into and accounted for
in the Transportation Fund, except that 10 percent of the tax collected under
subsection 8903(d) of this title on rental cars shall be paid into the Ecosystem
Restoration Program Fund under 10 V.S.A § 1285.
* * * Ecosystem Restoration Program Fund * * *
Sec. 22.
10 V.S.A. § 1285 is added to read:
§ 1285.
ECOSYSTEM RESTORATION PROGRAM FUND
(a)
Creation of Fund.
There is created a special fund in the State Treasury
- 1944 -
to be known as the ―Ecosystem Restoration Program Fund‖ to be administered
and expended by the Secretary to fund administration and implementation of
the Ecosystem Restoration Program.
Within the Fund, there shall be two
accounts: the Capital Account and the Administrative Account.
(b)
Deposits to accounts:
(1)
Within the Capital Account, there shall be deposited:
(A)
appropriations
by
the
General
Assembly
to
the
Vermont
Environmental
Protection
Agency
(EPA)
Pollution
Control
Revolving
Fund; and
(B)
appropriations by the General Assembly to the Agency of Natural
Resources for any other capital construction related to water pollution control.
(2)
Within the Administrative Account, there shall be deposited:
(A)
two percent of the meals and rooms tax levied pursuant to
chapter 225 of this title;
(B)
10 percent of rental car tax under subsection 8903(d) of this
title; and
(C)
such sums as may be appropriated by the General Assembly.
(c)
Disbursements from the Fund.
(1)
The Secretary may authorize disbursement or expenditures from the
Capital Account according to the requirements of 24 V.S.A. chapter 120 and
the rules adopted thereunder or as authorized by the General Assembly.
(2)
The Secretary may authorize disbursement or expenditures from the
Administrative Account for administration of, education and outreach related
to, monitoring, and implementation of the activities or projects under the
Ecosystem Restoration Program.
(d)
Interest.
Interest earned by the Fund shall be credited and deposited to
the Fund.
All balances in the Fund at the end of the fiscal year shall be carried
forward and remain a part of the Fund.
(e)
Awards; priority.
Except for grants or loans issues under 24 V.S.A.
chapter 120, grants or loans from the Ecosystem Restoration Program shall be
awarded in each fiscal year according to the following priorities:
(1)
First priority shall be given to projects identified by the Secretary as
significant contributors to water quality problems or in critical need of water
quality remediation or response.
(2)
Next priority shall be given to proposed projects to address or repair
- 1945 -
riparian conditions that increase the risk of flooding or pose a threat to life or
property.
(3)
Next priority shall be given to proposed projects or programs to
address areas of high risk of pollution or high loading of sediment to a water
listed as impaired on the list of waters required by 33 U.S.C. § 1313(d).
(4)
Next priority shall be given to other projects implementing a total
maximum daily load plan in a water listed as impaired on the list of waters
required by 33 U.S.C. § 1313(d).
(5)
Next priority shall be given to projects or programs to address areas
of high risk of pollution or high loading of sediment to an unimpaired water.
(f)
Secretary discretion.
The Secretary may award financial assistance
under this section for a project or program that otherwise would not receive
assistance under the priorities established by this section when the Secretary
determines a severe risk to water quality or risk of discharge exists which
requires immediate abatement.
(g)
Rule.
The Secretary may adopt by rule additional priorities for the
award of loans or grants in order to ensure equity in the distribution of awards
under this section among service sectors or land use categories.
Sec.
23.
REPORT
ON
ACCEPTED
AGRICULTURAL
PRACTICES
UNDER USE VALUE APPRAISAL
On or before January 15, 2015, the Agency of Agriculture, Food and
Markets (AAFM), after consultation with the Department of Forests, Parks and
Recreation and the Division of Property Valuation and Review (PVR) at the
Department of Taxes, shall submit to the House Committee on Fish, Wildlife
and Water Resources, the Senate Committee on Natural Resources and Energy,
the House Committee on Ways and Means, the Senate Committee on Finance,
the House Committee on Agriculture and Forest Products, and the Senate
Committee on Agriculture a report regarding compliance with the accepted
agricultural
practices
(AAPs)
issued
under
6 V.S.A.
chapter
215
as
a
requirement of eligibility for participation in the use value appraisal program.
The report shall include:
(1)
A proposed plan for implementing a requirement that an owner of
agricultural land certify compliance with the AAPs in order to participate or
continue participation in the use value appraisal program.
The plan shall
include:
(A)
how the AAFM or PVR would record certifications of AAP
compliance;
(B)
how the AAFM or PVR would enforce compliance with the
- 1946 -
AAPs as a condition of participation in the use value appraisal program; and
(C)
an estimate of the number of staff and other resources required by
the AAFM or PVR to implement, administer, and enforce the requirement of
compliance with AAPs as a condition of participation in the use value
appraisal program.
(2)
An estimate of how certification of compliance with the AAPs
would impact the cost of the use value appraisal program to the State of
Vermont, including whether fewer parcels would qualify for enrollment in the
program.
Sec. 24.
EFFECTIVE DATES
(a)
This section and Secs. 1–3 (small farm certification rules), 4 (Agency of
Agriculture, Food and Markets corrective action), 5 (livestock exclusion),
6 (seasonal
exemption for
application
of
manure), 8
(custom
applicator
certification), 9 (agricultural stream alteration), 10 (stormwater model bylaw),
11 (water quality data coordination), 12 (shoreland contractor certification), ,
13
(financing;
technical
assistance
for
forestry),
15 (agricultural
best
management practices tax credit), and 23 (AAP; use value appraisal report)
shall take effect on passage.
(b)
Sec. 7 (agricultural water quality certification) shall take effect on
January 1, 2015.
(c)
Secs. 14 (town road and bridge standards), 16 (Ecosystem Restoration
fee), 17–19 (meals and rooms tax), 20–21 (rental car tax), and 22 (Ecosystem
Restoration Program Fund) shall take effect on July 1, 2015.
( Committee Vote: 7-1-1)
Rep. Partridge of Windham,
for the Committee on
Agriculture and
Forest Products,
recommends the bill ought to pass when amended as
recommended by the Committee on
Fish, Wildlife & Water Resources
and
when further amended as follows:
First:
By striking Secs. 1–9 in their entirety and inserting in lieu thereof the
following:
* * * Findings; Agricultural Water Quality * * *
Sec. 1.
FINDINGS AND PURPOSE; AGRICULTURAL WATER QUALITY
(a)
Findings.
For the purpose of Secs. 1–9b of this act, the General
Assembly finds that:
(1)
Significant State, federal, and private financial resources have been
expended over the past 20 years to address water quality issues in the State of
- 1947 -
Vermont, such as the cleanup of Lake Champlain.
(2)
Despite significant funding and efforts to address the State’s water
quality issues, insufficient progress has been made.
(3)
The U.S. Environmental Protection Agency (EPA) revoked approval
of the initial total maximum daily load (TMDL) plan for Lake Champlain
despite the State’s reaching one-third of the TMDL’s goal in less than
10 years.
(4)
EPA is in the process of developing a new TMDL for Lake
Champlain, but Vermont may be responsible for the large majority of
implementation costs.
(5)
Much of the responsibility and cost for meeting the new EPA TMDL
may fall on Vermont’s farmers, who likely will be subject to additional
requirements under the accepted agricultural practices (AAPs) and other
agricultural water quality rules.
(6)
Although the AAP rules were adopted in 1995, there is a general
lack of awareness in the ―small farm‖ community about the AAPs, and the
Agency of Agriculture, Food and Markets should educate small farm operators
in the State concerning the requirements of the AAPs.
(7)
The Vermont agricultural community recognizes that it has a role to
play in the future efforts to reduce nutrient loading and improve water quality
in the State, but additional State and federal assistance is necessary to fulfill
this role successfully, including technical and financial assistance to encourage
small farms to adopt and implement nutrient management plans.
(b)
Purpose.
It is the purpose of Secs. 1–9b of this act to:
(1)
improve the quality of the waters of Vermont;
(2)
authorize proactive measures designed to implement and ultimately
meet the impending TMDL for Lake Champlain and improve water quality
across the State;
(3)
identify cost-effective strategies for the agricultural community to
address
water
quality
issues,
including
best
management
practices
and
conservation practices of cover cropping, grassed waterways, manure drag
lines and injection, no-till production, and contour plowing; and
(4)
engage more agricultural operations in meaningful ways as part of
the State’s efforts to improve the quality of the waters of Vermont.
* * * Agricultural Water Quality;
Small Farm Certification and Inspection * * *
- 1948 -
Sec. 2.
6 V.S.A. § 4858a is added to read:
§ 4858a.
SMALL FARM CERTIFICATION
(a)
Rulemaking; small farm certification.
On or before January 1, 2016,
the Secretary of Agriculture, Food and Markets shall adopt by rule a
requirement that all small farms in the State submit to the Secretary a
certification of compliance with the accepted agricultural practices.
The rules
required by this subsection shall be adopted as part of the accepted agricultural
practices under section 4810 of this title.
(b)
Content of rules.
The rules for small farm certification shall:
(1)
Define
what
constitutes
a
small
farm
for
the
purposes
of
certification.
(2)
Require a small farm to be certified under this section in order to
operate in the State.
(3)
Require the owner or operator of a small farm to certify to the
Secretary of Agriculture, Food and Markets at least every five years that the
owner or operator complies with the accepted agricultural practices adopted
under section 4810 of this title.
The certification shall identify the farm subject
to the certification and the person or persons who own or operate the farm.
The owner or operator of the farm shall certify compliance with the accepted
agricultural practices, including that:
(A)
The farm does not directly discharge wastes into the surface
waters from a discrete conveyance such as a pipe, ditch, or conduit without a
permit under 10 V.S.A. § 1258.
(B)
Manure stacking sites, fertilizer storage, and other nutrient source
storage on the farm are not located within 100 feet of private wells.
(C)
Manure is not stacked or stored on lands subject to annual
overflow from adjacent waters.
(D)
Manure is not field stacked on unimproved sites within 100 feet
of a surface water.
(E)
Barnyards, waste management systems, animal holding areas,
and production areas shall be constructed, managed, and maintained to prevent
runoff
of
waste
to
surface
water,
to
groundwater,
or
across
property
boundaries.
(F)
Nutrient application on the farm is based on soil testing by field
and is consistent with University recommendations, standard agricultural
practices, or a Secretary-approved nutrient management plan for the farm.
- 1949 -
(G)
Manure on the farm is not applied within 25 feet of an adjoining
surface water, is not applied within 10 feet of a ditch, or is applied in such a
manner as to enter surface water.
(H)
Fertigation and chemigation equipment is operated only with an
adequate anti-siphon device between the system and the water source.
(I)
Cropland on the farm is cultivated in a manner that results in an
average soil loss of less than or equal to the soil loss tolerance for the prevalent
soil, known as 1T, as calculated through application of the Revised Universal
Soil Loss Equation, or through the application of similarly accepted models.
(J)
A vegetative buffer zone of perennial vegetation is maintained
between annual croplands and the top of the bank of adjoining surface waters
in a manner that complies with requirements of the accepted agricultural
practices.
(K)
Manure,
fertilizer,
pesticide
storage
structures,
and
farm
structures are not located within a floodway area as presented on National
Flood Insurance Maps on file with town clerks or within a Fluvial Erosion
Hazard Zone as designated by municipal bylaw or ordinance.
(4)
Authorize the Secretary to visit small farms in the State for the
purposes of assessing compliance with the accepted agricultural practices and
consistency with a certification issued under this section.
The Secretary may
prioritize visits to small farms in the State based on identified water quality
issues posed by a farm.
(5)
Require notice to the Secretary of a change of ownership or a change
of operator of a small farm and the time frame by which a new owner or
operator shall be required to certify compliance with the accepted agricultural
practices under this section.
(c)(1)
Identification; ranking of water quality needs.
During a visit to a
small farm required under subsection (b) of this section, the Secretary shall
identify areas where the farm could benefit from capital, structural, or technical
assistance in order to improve or come into compliance with the accepted
agricultural practices.
(2)
Annually, the Secretary shall establish a priority ranking system for
small farms according to the degree of assistance required for compliance with
the accepted agricultural practices if the identified capital, structural, or
technical needs on the farm are not addressed.
(3)
Notwithstanding the requirements of section 4823 of this title, farms
identified under subdivision (2) of this subsection in the greatest level of need
in order to come into compliance with the accepted agricultural practices shall
- 1950 -
be given first priority for State financial assistance under subchapter 3 of this
chapter, provided that the Secretary may give first priority for financial
assistance to any farm other than one identified under subdivision (2) of this
subsection when the Secretary determines that a farm needs assistance to
address a water quality issue that requires immediate abatement.
Sec. 3.
6 V.S.A. § 4860 is amended to read:
§ 4860.
REVOCATION; ENFORCEMENT
(a)
The secretary Secretary may revoke coverage under a general permit or,
an individual permit, or a small farm certification issued under this subchapter
after following the same process prescribed by section 2705 of this title
regarding the revocation of a handler’s license.
The secretary Secretary may
also seek enforcement remedies under sections 1, 11, 12, 13, 16, and 17 of this
title as well as assess an administrative penalty under section 15 of this title
from any person who fails to comply with any permit provision as required by
this subchapter or who violates the terms or conditions of coverage under any
general permit or, any individual permit, or any small farm certification issued
under this subchapter.
However, notwithstanding provisions of section 15 of
this title to the contrary, the maximum administrative penalty assessed for a
violation of this subchapter shall not exceed $5,000.00 for each violation, and
the maximum amount of any penalty assessed for separate and distinct
violations of this chapter shall not exceed $50,000.00.
(b)
Any person who violates any provision of this subchapter or who fails
to comply with any order or the terms of any permit or certification issued in
accordance with this subchapter shall be fined not more than $10,000.00 for
each violation.
Each violation may be a separate offense and, in the case of a
continuing violation, each day’s continuance may be deemed a separate
offense.
(c)
Any person who knowingly makes any false statement, representation,
or certification in any application, record, report, plan, certification, or other
document filed or required to be maintained by this subchapter or by any
permit, rule, regulation, or order issued under this subchapter, or who falsifies,
tampers with, or knowingly renders inaccurate any monitoring device or
method required to be maintained by this subchapter or by any permit, rule,
regulation, or order issued under this subchapter shall upon conviction be
punished by a fine of not more than $5,000.00 for each violation.
Each
violation may be a separate offense and, in the case of a continuing violation,
each day’s continuance may be deemed a separate offense.
Sec. 4.
6 V.S.A. § 4810 is amended to read:
§ 4810.
AUTHORITY; COOPERATION; COORDINATION
- 1951 -
(a)
Agricultural land use practices.
In accordance with 10 V.S.A.
§ 1259(i), the secretary Secretary shall adopt by rule, pursuant to 3 V.S.A.
chapter 25 of Title 3, and shall implement and enforce agricultural land use
practices in order to reduce the amount of agricultural pollutants entering the
waters of the state State.
These agricultural land use practices shall be created
in two categories, pursuant to subdivisions (1) and (2) of this subsection.
(1)
―Accepted Agricultural Practices‖ (AAPs) shall be standards to be
followed in conducting agricultural activities in this state State.
These
standards shall address activities which have a potential for causing pollutants
to enter the groundwater and waters of the state State, including dairy and
other livestock operations plus all forms of crop and nursery operations and
on-farm or agricultural fairground, registered pursuant to 20 V.S.A. § 3902,
livestock and poultry slaughter and processing activities.
The AAPs shall
include, as well as promote and encourage, practices for farmers in preventing
pollutants from entering the groundwater and waters of the state State when
engaged in, but not limited to, animal waste management and disposal, soil
amendment
applications,
plant
fertilization,
and
pest
and
weed
control.
Persons engaged in farming, as defined in 10 V.S.A. § 6001, who follow these
practices shall be presumed to be in compliance with water quality standards.
AAPs shall be practical and cost effective to implement.
The AAPs for
groundwater shall include a process under which the agency Agency shall
receive, investigate, and respond to a complaint that a farm has contaminated
the drinking water or groundwater of a property owner.
(2)
―Best Management Practices‖ (BMPs) may be required by the
secretary Secretary on a case by case case-by-case basis.
Before requiring
BMPs,
the secretary Secretary shall
determine
that
sufficient
financial
assistance
is
available
to
assist
farmers
in
achieving
compliance
with
applicable BMPs.
BMPs shall be practical and cost effective to implement.
(b)
Cooperation and coordination.
The secretary of agriculture, food and
markets Secretary of Agriculture, Food and Markets shall coordinate with the
secretary of natural resources Secretary of Natural Resources in implementing
and enforcing programs, plans, and practices developed for reducing and
eliminating agricultural non-point source pollutants and discharges
from
concentrated animal feeding operations.
The secretary of agriculture, food and
markets Secretary of Agriculture, Food and Markets and the secretary of
natural resources Secretary of Natural Resources shall develop a memorandum
of understanding for the non-point program describing program administration,
grant negotiation, grant sharing, and how they will coordinate watershed
planning activities to comply with Public Law 92-500.
The secretary of
agriculture, food and markets Secretary of Agriculture, Food and Markets and
the secretary of the agency of natural resources Secretary of Natural Resources
- 1952 -
shall also develop a memorandum of understanding according to the public
notice
and
comment
process
of
10
V.S.A.
§
1259(i)
regarding
the
implementation of the federal concentrated animal feeding operation program
and the relationship between the requirements of the federal program and the
state State agricultural water quality requirements for large, medium, and small
farms under chapter 215 of this title.
The memorandum of understanding shall
describe program administration, permit issuance, an appellate process, and
enforcement
authority
and
implementation.
The
memorandum
of
understanding shall be consistent with the federal National Pollutant Discharge
Elimination System permit regulations for discharges from
concentrated
animal feeding operations.
The allocation of duties under this chapter between
the secretary of agriculture, food and markets Secretary of Agriculture, Food
and Markets and the secretary of natural resources Secretary of Natural
Resources shall
be
consistent
with
the secretary’s Secretary’s duties,
established under the provisions of 10 V.S.A. § 1258(b), to comply with Public
Law
92-500.
The secretary
of
natural
resources Secretary
of
Natural
Resources shall be the state State lead person in applying for federal funds
under Public Law 92-500, but shall consult with the secretary of agriculture,
food and markets Secretary of Agriculture, Food and Markets during the
process.
The agricultural non-point source program may compete with other
programs for competitive watershed projects funded from federal funds.
The
secretary of agriculture, food and markets Secretary of Agriculture, Food and
Markets shall be represented in reviewing these projects for funding.
Actions
by the secretary of agriculture, food and markets Secretary of Agriculture,
Food and Markets under this chapter concerning agricultural non-point source
pollution shall be consistent with the water quality standards and water
pollution control requirements of 10 V.S.A. chapter 47 of Title 10 and the
federal Clean Water Act as amended.
In addition, the secretary of agriculture,
food and markets Secretary of Agriculture, Food and Markets shall coordinate
with the secretary of natural resources Secretary of Natural Resources in
implementing and enforcing programs, plans, and practices developed for the
proper management of composting facilities when those facilities are located
on a farm.
(c)
On or before January 1, 2016, the Secretary of Agriculture, Food and
Markets shall amend by rule the accepted agricultural practices required under
this section to include requirements for the certification of small farms under
section 4858a of this title.
The rules adopted under this section shall be at least
as stringent as the requirements of section 4858a of this title.
* * * Agricultural Water Quality; Corrective Actions * * *
Sec. 5.
6 V.S.A. § 4812 is amended to read:
- 1953 -
§ 4812.
CORRECTIVE ACTIONS
(a)
When the secretary of agriculture, food and markets Secretary of
Agriculture, Food and Markets determines that a person engaged in farming is
managing a farm using practices which are inconsistent with the practices
defined by requirements of this chapter or rules adopted under this subchapter,
the secretary Secretary may issue a written warning which shall be served in
person or by certified mail, return receipt requested.
The warning shall include
a brief description of the alleged violation, identification of this statute and
applicable rules, a recommendation for corrective actions that may be taken by
the person, along with a summary of federal and state assistance programs
which may be utilized by the person to remedy the violation and a request for
an abatement schedule from the person according to which the practice shall be
altered.
The person shall have 30 days to respond to the written warning and
shall provide an abatement schedule for curing the violation and a description
of the corrective action to be taken to cure the violation.
If the person fails to
respond to the written warning within this period or to take corrective action to
change the practices in order to protect water quality, the secretary Secretary
may act pursuant to subsection (b) of this section in order to protect water
quality.
(b)
After an opportunity for a hearing, the secretary The Secretary may:
(1)
issue cease and desist orders and administrative penalties in
accordance with the requirements of sections 15, 16, and 17 of this title; and
(2)
institute appropriate proceedings on behalf of the agency Agency to
enforce this subchapter.
(c)
Whenever the secretary Secretary believes that any person engaged in
farming is in violation of this subchapter or rules adopted thereunder, an action
may be brought in the name of the agency Agency in a court of competent
jurisdiction to restrain by temporary or permanent injunction the continuation
or repetition of the violation.
The court may issue temporary or permanent
injunctions, and other relief as may be necessary and appropriate to curtail any
violations.
(d)
The secretary may assess administrative penalties in accordance with
sections 15, 16, and 17 of this title against any farmer who violates a cease and
desist order or other order issued under subsection (b) of this section.
[Repealed.]
(e)
Any person subject to an enforcement order or an administrative
penalty who is aggrieved by the final decision of the secretary Secretary may
appeal to the superior court Superior Court within 30 days of the decision.
The
administrative judge may specially assign an environmental Environmental
- 1954 -
judge to superior court Superior Court for the purpose of hearing an appeal.
* * * Agricultural Water Quality; Livestock Exclusion * * *
Sec. 6.
6 V.S.A. chapter 215, subchapter 8 is added to read:
Subchapter 8.
Livestock Exclusion
§ 4971.
DEFINITIONS
As used in this subchapter:
(1)
―Livestock‖ means cattle, sheep, goats, equines, fallow deer, red
deer,
American
bison,
swine,
water
buffalo,
poultry,
pheasant,
Chukar
partridge, Coturnix quail, camelids, ratites, and, as necessary, other animals
designated by the Secretary by rule.
(2)
―Waters‖ shall have the same meaning as in 10 V.S.A. § 1251(13).
§ 4972.
PURPOSE
The purpose of this subchapter is to authorize the Secretary of Agriculture,
Food and Markets to require exclusion of livestock from a water of the State
where continued access to the water by livestock poses a high risk of violating
the accepted agricultural practices.
§ 4973.
LIVESTOCK EXCLUSION; PERMIT CONDITION
As a condition of a small farm certification, an animal waste permit, or a
large farm permit issued under this chapter, the Secretary of Agriculture, Food
and Markets may require exclusion of livestock from a water of the State
where continued access to the water by livestock poses a high risk of violating
the accepted agricultural practices.
* * * Seasonal Exemption for Manure Application * * *
Sec. 7.
6 V.S.A. § 4816 is added to read:
§ 4816.
SEASONAL APPLICATION OF MANURE
(a)
Unless authorized under subsection (b) of this section, a person shall
not apply manure to land in the State:
(1)
between December 15 and April 1 of any calendar year; or
(2)
between December 1 and December 15 and between April 1 and
April 30 of any calendar year when prohibited under subsection (c) of this
section.
(b)
Seasonal exemption.
(1)
The Secretary of Agriculture, Food and Market may authorize an
exemption to the prohibition on the application of manure to land in the State
- 1955 -
between December 15 and April 1 of any calendar year or during any period
established under subsection (c) of this section when manure is prohibited from
application.
An exemption issued under this section may authorize land
application of manure on a weekly, monthly, or seasonal basis or in authorized
regions, areas, or fields in the State, provided that the requirements of
subdivision (2) of this subsection are complied with.
(2)
Any exemption issued under this subsection shall:
(A)
prohibit application of manure:
(i)
in areas with established channels of concentrated stormwater
runoff to surface waters, including ditches and ravines;
(ii)
in nonharvested permanent vegetative buffers;
(iii)
in a nonfarmed wetland, as that term is defined in 10 V.S.A.
§ 902(5);
(iv)
within 50 feet of a potable water supply, as that term is
defined in 10 V.S.A. § 1972(6);
(v)
to fields exceeding tolerable soil loss; and
(vi)
to saturated soils;
(B)
establish requirements for the application of manure when frozen
or
snow-covered
soils
prevent
effective
incorporation
at
the
time
of
application;
(C)
require manure to be applied according to a nutrient management
plan; and
(D)
establish the maximum tons of manure that may be applied per
acre during any one application.
(c)
Restriction on application.
The Secretary of Agriculture, Food and
Markets may by procedure prohibit the application of manure to land in the
State between December 1 and December 15 and April 1 and April 30 of any
calendar year when the Secretary determines that due to weather conditions,
soil conditions, or other limitations, application of manure to land would pose
a significant potential of discharge or runoff to State waters.
* * * Agricultural Water Quality; Training * * *
Sec. 8.
6 V.S.A. chapter 215, subchapter 9 is added to read:
Subchapter 9.
Agricultural Water Quality Certification Training
§ 4981.
AGRICULTURAL
WATER
QUALITY
CERTIFICATION
TRAINING; RULEMAKING
- 1956 -
(a)
On or before January 1, 2016, the Secretary of Agriculture, Food and
Markets shall adopt by procedure requirements for training classes or programs
for owners or operators of small farms, medium farms, or large farms certified
or permitted under this chapter regarding:
(1)
the prevention of discharges, as that term is defined in 10 V.S.A.
§ 1251(3); and
(2)
the mitigation and management from farms of stormwater runoff, as
that term is defined in 10 V.S.A. § 1264.
(b)
Any training required by procedure under this section shall:
(1)
address the existing statutory and regulatory requirements for
operation of a large, medium, or small farm in the State; and
(2)
address the management practices and technical and financial
resources available to assist in compliance with statutory or regulatory
agricultural requirements.
* * * Agricultural Water Quality;
Certification of Custom Applicators * * *
Sec. 9.
6 V.S.A. chapter 215, subchapter 10 is added to read:
Subchapter 10.
Certification of Custom Applicators of Manure,
Nutrients, or Sludge
§ 4987.
DEFINITIONS
As used in this subchapter:
(1)
―Custom applicator‖ means a person who applies manure, nutrients,
or sludge to land and who charges or collects other consideration for the
service.
(2)
―Manure‖ means livestock waste that may also contain bedding,
spilled feed, water, or soil.
(3)
―Seasonal employee‖ means a person who:
(A)
works for a custom applicator for 20 weeks or fewer in a
calendar year; and
(B)
works in a job scheduled to last 20 weeks or fewer.
(4)
―Sludge‖ means any solid, semisolid, or liquid generated from a
municipal, commercial, or industrial wastewater treatment plant or process,
water supply treatment plant, air pollution control facility, or any other such
waste having similar characteristics and effects.
- 1957 -
§ 4988.
CERTIFICATION OF CUSTOM APPLICATOR
(a)
On or before January 1, 2015, the Secretary of Agriculture, Food and
Markets shall adopt by rule a process by which a custom applicator shall be
certified to operate within the State.
The certification process shall require a
custom applicator to complete eight hours of training over each five-year
period regarding:
(1)
application methods or techniques to minimize the runoff of
land-applied manure, nutrients, or sludge to waters of the State; and
(2)
identification of weather or soil conditions that increase the risk of
runoff of land-applied manure, nutrients, or sludge to waters of the State.
(b)
Beginning January 1, 2016, a custom applicator shall not apply manure,
nutrients, or sludge unless certified by the Secretary of Agriculture, Food and
Markets.
(c)
A custom applicator certified under this section may train seasonal
employees in methods or techniques to minimize runoff to surface waters and
to identify weather or soil conditions that increase the risk of runoff.
A custom
applicator that trains a seasonal employee under this subsection shall be liable
for damages done and liabilities incurred by a seasonal employee who
improperly applies manure, nutrients, or sludge.
(d)
The requirements of this section shall not apply to an owner or operator
of a farm applying manure, nutrients, or sludge to a field that he or she owns or
controls.
* * * Agricultural Stream Alteration * * *
Sec. 9a.
6 V.S.A. § 4810a is added to read:
§ 4810a.
AGRICULTURAL ACTIVITIES; STREAMS
(a)
As used in this section:
(1)
―Instream material‖ means:
(A)
all gradations of sediment from silt to boulders;
(B)
ledge rock; or
(C)
large woody debris in the bed of a perennial stream or within the
banks of a perennial stream.
(2)
―Intermittent stream‖ means any stream or stream segment of
significant length that is not a perennial stream.
(3)
―Large woody debris‖ means any piece of wood within a perennial
stream with a diameter of 10 or more inches and a length of 10 or more feet
- 1958 -
that is detached from the soil where it grew.
(4)
―Perennial stream‖ means a stream or portion, segment, or reach of a
stream, generally exceeding 0.5 square miles in watershed size, in which
surface flows are not frequently or consistently interrupted during normal
seasonal low flow periods.
Perennial streams that begin flowing subsurface
during low flow periods, due to natural geologic conditions, remain defined as
perennial.
―Perennial stream‖ shall not mean standing waters in wetlands,
lakes, and ponds.
(5)
―Secretary‖ means the Secretary of Agriculture, Food and Markets.
(6)
―Stream‖ means a current of water that flows at any time at a rate of
less than 1.5 cubic feet per second and exhibits evidence of sediment transport.
A stream shall include the full length and width, including the bed and banks
of any watercourse, including rivers, streams, creeks, brooks, and branches,
which experience perennial flow.
―Stream‖ shall not include swales, roadside
ditches, or ditches or other constructed channels primarily associated with land
drainage or water conveyance through or around private infrastructure.
(b)
On or before January 1, 2016, the Secretary shall amend the accepted
agricultural practices to include requirements for agricultural activities that
alter or impact streams in the State.
The accepted agricultural practices for
stream activities shall:
(1)
prohibit the discharge or deposit of manure, milk house waste,
compost, or other waste in a stream; and
(2)
require authorization from the Secretary, prior to any change,
alteration, or modification of the course, current, or cross section of a perennial
stream in this State either by movement, fill, or excavation of 10 cubic yards or
more of instream material in any year.
(c)
The Secretary shall authorize an agricultural activity that alters or
impacts streams in the State if the activity:
(1)
will not adversely affect the public safety by increasing flood or
fluvial erosion hazards;
(2)
will not significantly damage fish life or wildlife;
(3)
will not significantly damage the rights of riparian owners; and
(4)
in case of any waters designated as outstanding resource waters, will
not adversely affect the values sought to be protected by designation.
(d)
Prior to issuing an authorization under subdivision (b)(2) of this section,
the Secretary shall consult with the Secretary of Natural Resources regarding
appropriate management measures to be used in conducting any authorized
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activity.
Sec. 9b.
32 V.S.A. § 5811(21) is amended to read:
(21)
―Taxable income‖ means federal taxable income determined
without regard to 26 U.S.C. § 168(k) and:
(A)
Increased by the following items of income (to the extent such
income is excluded from federal adjusted gross income):
* * *
(B)
Decreased by the following items of income (to the extent such
income is included in federal adjusted gross income):
(i)
income from United States government obligations;
(ii)
with respect to adjusted net capital gain income as defined in
(I)
if the taxpayer is aged 70 years of age or older as of the last
day of the tax year, or for adjusted net capital gain income from the sale of a
farm or from the sale of standing timber, each as defined in subdivision (27) of
this section, 40 percent of adjusted net capital gain income but the total amount
of decrease under this subdivision (ii)(I) shall not exceed 40 percent of federal
taxable income; provided, however, that a taxpayer aged 70 years of age or
older as of the last day of the tax year may elect to subtract his or her adjusted
net capital gains pursuant to subdivision (21)(B)(ii)(II) of this section.
(II)
for taxpayers aged 70 years of age or older as of the last
day of the tax year who so elect and for all other capital gain income, the first
$2,500.00 of adjusted net capital gain income; and
(iii)
recapture of State and local income tax deductions not taken
against Vermont income tax; and
(iv)
financial assistance received from the State under 6 V.S.A.
chapter 215 for the purpose of encouraging farmers in the State to invest in
infrastructure or practices to improve water quality.
Second:
By striking Sec. 15 (best management practices tax credit) in its
entirety and inserting in lieu thereof ―Sec. 15.
[Deleted]‖
Third:
By striking Sec. 23 (report on use value appraisal program; AAPs)
in its entirety and inserting in lieu thereof ―Sec. 23.
[Deleted]‖
Fourth:
By striking Sec. 24 in its entirety and inserting in lieu therof the
following:
Sec. 24.
EFFECTIVE DATES
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(a)
This section and Secs. 1 (agricultural findings), 2–4 (small farm
certification rules), 5 (Agency of Agriculture, Food and Markets corrective
action), 6 (livestock exclusion), 7 (seasonal exemption for application of
manure), 9 (custom applicator certification), 9a (agricultural stream alteration),
10 (stormwater model bylaw), 11 (water quality data coordination), 12
(shoreland contractor certification), 13 (financing; technical assistance for
forestry), 15 (agricultural best management practices tax credit), and 23 (AAP;
use value appraisal report) shall take effect on passage.
(b)
Secs. 8 (agricultural water quality certification) and 9b (income tax
exemption; water quality assistance) shall take effect on January 1, 2015.
(c)
Secs. 14 (town road and bridge standards), 16 (Ecosystem Restoration
fee), 17–19 (meals and rooms tax), 20–21 (rental car tax), and 22 (Ecosystem
Restoration Program Fund) shall take effect on July 1, 2015.
( Committee Vote: 10-0-0)
Rep. Ram of Burlington,
for the Committee on
Ways and Means,
recommends the bill ought to pass when amended as recommended by the
Committees on
Fish, Wildlife & Water Resources and Agriculture and
Forest Products
and when further amended as follows:
First:
In Sec. 2, 6 V.S.A. § 4858a, in subsection (a), by striking ―On or
before January 1, 2016, the‖ and inserting in lieu thereof The.
Second:
In Sec. 4, 6 V.S.A. § 4810, in subsection (c), by striking ―On or
before January 1, 2016, the‖ and inserting in lieu thereof The.
Third:
In Sec. 8, in 6 V.S.A. § 4981, in subsection (a), by striking ―On or
before January 1, 2016, the‖ and inserting in lieu thereof The.
Fourth:
In Sec. 9, in 6 V.S.A. § 4988, in subsection (a), by striking ―On or
before January 1, 2015, the‖ and inserting in lieu thereof The.
Fifth:
In Sec. 9, in 6 V.S.A. § 4988, in subsection (b), by striking
―Beginning January 1, 2016, a‖ and inserting in lieu thereof A.
Sixth:
In Sec. 9a, 6 V.S.A. § 4810a, in subsection (b), by striking ―On or
before January 1, 2016, the‖ and inserting in lieu thereof The.
Seventh:
By striking out Sec. 9b (agricultural water quality tax credit) in its
entirety and by inserting in lieu thereof Sec. 9b.
[Deleted.]
Eighth:
In Sec. 10, 10 V.S.A. § 1264, in subdivision (b)(12), in the second
sentence, by striking ―Beginning on July 1, 2014, the‖ and inserting in lieu
thereof The.
Ninth:
In Sec. 12, in subdivision (a)(1), by striking ―section 1264 of this
- 1961 -
title‖ and inserting in lieu thereof 10 V.S.A. § 1264.
Tenth:
In Sec. 12, by striking out subsections (b) and (c) in their entirety
and inserting new subsections (b) and (c) to read:
(b)
Voluntary
certification.
The
Agency
of Natural
Resources,
in
consultation with the Associated General Contractors of Vermont, shall
develop an optional shoreland erosion control certification program.
The
program shall include training related to the disturbance of soil, clearance of
vegetation, and construction of impervious surfaces of more than 1,000 square
feet in a shoreland area.
The voluntary certification program shall end after
three years of operation.
(c)
Report.
After two years of operation of the certification program, the
Agency of Natural Resources shall report to the House and Senate Committees
on Natural Resources and Energy and the House Committee on Fish, Wildlife
and Water Resources
regarding the voluntary shoreland erosion control
certification program created in subsection (b) of this section.
The report shall
include:
(1)
a general summary of the program’s success, including an overview
of shoreland projects constructed by certified persons;
(2)
the number of persons certified under the certification program;
(3)
a recommendation of whether the State should continue the
voluntary certification program, including whether to make the program
mandatory; and
(4)
any other recommendations for improving the program.
Eleventh:
By striking out Sec. 13 (portable skidder project appropriation)
in its entirety and by inserting in lieu thereof Sec. 13.
[Deleted.]
Twelfth:
By striking out Sec. 14 (town highway match) in its entirety and
by inserting in lieu thereof Sec. 14.
[Deleted.]
Thirteenth:
By striking out Sec. 16 and inserting in lieu thereof a new
Sec. 16 to read:
Sec. 16.
AGENCY OF NATURAL RESOURCES REPORT ON WATER
QUALITY FINANCING
On or before January 15, 2015, the Secretary of Natural Resources, after
consultation with the Joint Fiscal Office, the Secretary of Agriculture, Food
and Markets, and the Secretary of Transportation, shall submit to the Senate
and
House
Committees
on
Natural
Resources
and
Energy,
the
House
Committee on Fish, Wildlife and Water Resources, the House Committee on
Ways and Means, the Senate Committee on Finance, and the Senate and House
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Committees on Appropriations a report that provides recommendations for
establishing financing mechanisms for the requirements of this act and other
State actions to improve the quality of State waters.
The report shall include:
(1)
a summary of the anticipated costs for each agency to implement the
requirements of this act;
(2)
a summary and analysis of existing State tax expenditures that affect
State water quality;
(3)
a recommendation for a financing mechanism that assesses property
owners in the State based on the property’s impact on water quality;
(4)
at least two alternative financing mechanisms in addition to the
recommendation under subdivision (3) of this section, which may include a
recommendation for an excise tax;
(5)
a summary of how each recommended financing mechanism would
be implemented, including administration and enforcement; and
(6)
an estimated amount of revenue that each recommended financing
proposal would generate.
Fourteenth:
By striking out Sec. 17 (meals and rooms tax) in its entirety
and by inserting in lieu thereof Sec. 17.
[Deleted.]
Fifteenth:
By striking out Sec. 18 (meals and rooms tax) in its entirety and
by inserting in lieu thereof Sec. 18.
[Deleted.]
Sixteenth:
By striking out Sec. 19 (meals and rooms tax) in its entirety and
by inserting in lieu thereof Sec. 19.
[Deleted.]
Seventeenth:
By striking out Sec. 20 (rental car tax) in its entirety and by
inserting in lieu thereof Sec. 20.
[Deleted.]
Eighteenth:
By striking out Sec. 21 (rental car tax) in its entirety and by
inserting in lieu thereof Sec. 21.
[Deleted.]
Nineteenth:
By striking out Sec. 22 (ecosystem restoration program fund)
in its entirety and by inserting in lieu thereof Sec. 22.
[Deleted.]
Twentieth:
By striking out Sec. 24 in its entirety and inserting in lieu
thereof a new Sec. 24 to read:
Sec. 24.
EFFECTIVE DATES
(a)
This section and Sec. 13 (water quality restoration financing report)
shall take effect on passage.
(b)
Secs. 1 (agricultural findings), 2–4 (small farm certification rules), 5
(Agency of Agriculture, Food and Markets corrective action), 6 (livestock
- 1963 -
exclusion), 7 (seasonal exemption for application of manure), 8 (agricultural
water quality certification), 9 (custom applicator certification), 9a (agricultural
stream alteration), 10 (stormwater model bylaw), 11 (water quality data
coordination), and 12 (shoreland contractor certification) shall take effect one
year after the General Assembly appropriates or otherwise generates funding
sufficient to fund the requirements of this act.
( Committee Vote: 11-0-0)
Consent Calendar
Concurrent Resolutions for Adoption Under Joint Rule 16a
The following concurrent resolutions have been introduced for approval by
the Senate and House and will be adopted automatically unless a Senator or
Representative
requests
floor
consideration
before
today’s
adjournment.
Requests for floor consideration in either chamber should be communicated to
the Secretary’s office and/or the House Clerk’s office, respectively.
For text of
resolutions, see Addendum to House Calendar and Senate Calendar of
4/10/2014.
H.C.R. 293
House concurrent resolution congratulating the Vermont Commission on
Women on its 50th anniversary
H.C.R. 294
House concurrent resolution designating Saturday, November 1, 2014 as the
Button Up Vermont Day of Action
H.C.R. 295
House concurrent resolution honoring World War II veteran Walter Berry of
East Concord
H.C.R. 296
House concurrent resolution congratulating Judd Levine on being named a
2014 LifeChanger of the Year
H.C.R. 297
House concurrent resolution congratulating the Town of Hubbardton on its
250th anniversary
H.C.R. 298
House concurrent resolution congratulating the 2014 Essex High School
Vermont National Education Scholars’ Bowl championship team
H.C.R. 299
House concurrent resolution congratulating the 2014 Vermont Jr Iron Chef
culinary competition winners
H.C.R. 300
House concurrent resolution congratulating Sam Boudreau on winning the
2014 Vermont Poetry Out Loud Competition
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H.C.R. 301
House concurrent resolution congratulating the 2014 Black River High School
girls’ championship snowboarding team
H.C.R. 302
House concurrent resolution congratulating the Rutland High School
cheerleading team on its third-place finish at the New England Interscholastic
Spirit Championship
H.C.R. 303
House concurrent resolution congratulating the record-setting 2014
Mt. Anthony Union High School Patriots’ State championship wrestling team
H.C.R. 304
House concurrent resolution congratulating Frank Pecora on his induction into
the National High School Hall of Fame
H.C.R. 305
House concurrent resolution congratulating the 2014 Thetford Academy
Panthers Division III championship girls’ basketball team
H.C.R. 306
House concurrent resolution congratulating the 2013 Oxbow Union High
School Lady Olympians Division III championship softball team
H.C.R. 307
House concurrent resolution recognizing April 2014 as Fair Housing Month in
Vermont
H.C.R. 308
House concurrent resolution congratulating Ruth (Shattuck) Austin of Newport
on her 100th birthday
S.C.R. 54
Senate concurrent resolution congratulating the Washington Electric
Cooperative on its 75th anniversary