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House Calendar
Tuesday, April 22, 2014
106th DAY OF THE ADJOURNED SESSION
House Convenes at 10:00 A.M.
TABLE OF CONTENTS
Page No.
ACTION CALENDAR
Third Reading
S. 299
An act relating to sampler flights ..................................................... 2125
Senate Proposal of Amendment
H. 112
The labeling of food produced with genetic engineering ................ 2125
H. 260
Electronic insurance notices and credit for reinsurance .................. 2135
H. 483
Adopting revisions to Article 9 of the Uniform Commercial Code 2136
Action Under Rule 52
J.R.H. 22
Authorizing the use of the State House on June 18, 2014 for the
2014 Green Mountain Girls State Day ........................................................ 2136
Action Postponed Until April 23, 2014
Senate Proposal of Amendment
H. 356
Prohibiting littering in or on the waters of the State ....................... 2136
NOTICE CALENDAR
Favorable with Amendment
J.R.H. 21
Urging Congress to enact the Blue Water Navy Vietnam Veterans
Act of 2013 .................................................................................................. 2136
Rep. Savage for General, Housing and Military Affairs
S. 211
An act relating to permitting of sewage holding and pumpout tanks for
public buildings ........................................................................................... 2137
Rep. Krebs for Fish, Wildlife and Water Resources
S. 220
An act relating to furthering economic development ....................... 2141
Rep. Botzow for Commerce and Economic Development
S. 239
An act relating to the regulation of toxic substances ....................... 2202
Rep. Deen for Fish, Wildlife and Water Resources
S. 247
An act relating to the regulation of medical marijuana dispensaries 2220
Rep. Burditt for Human Services
Rep. Ram for Ways and Means ................................................................... 2227
Rep. Masland Amendment .......................................................................... 2228
Rep. Burditt et al Amendment ..................................................................... 2228
S. 275
An act relating to the Court’s jurisdiction over youthful offenders . 2228
Rep. Wizowaty for Judiciary
S. 291
An act relating to the establishment of transition units at State
correctional facilities ................................................................................... 2229
Rep. Hooper for Corrections and Institutions
S. 297
An act relating to the recording of custodial interrogations in homicide
and sexual assault cases ............................................................................... 2230
Rep. Grad for Judiciary
Favorable
S. 184
An act relating to eyewitness identification policy .......................... 2231
Rep. Grad for Judiciary
S. 283
An act relating to the changing of the name of the Vermont Criminal
Information Center ...................................................................................... 2231
Rep. Wizowaty for Judiciary
Senate Proposal of Amendment
H. 650
Establishing the Ecosystem Restoration and Water Quality
Improvement Special Fund .......................................................................... 2231
Ordered to Lie
S. 91
An act relating to privatization of public schools .............................. 2232
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ORDERS OF THE DAY
ACTION CALENDAR
Third Reading
S. 299
An act relating to sampler flights
Senate Proposal of Amendment
H. 112
An act relating to the labeling of food produced with genetic engineering
The Senate proposes to the House to amend the bill by striking all after the
enacting clause and inserting in lieu thereof the following:
Sec. 1.
FINDINGS
The General Assembly finds and declares that:
(1)
U.S. federal law does not provide for the labeling of food that is
produced with genetic engineering, as evidenced by the following:
(A)
U.S. federal labeling and food and drug laws do not require
manufacturers of food produced with genetic engineering to label such food as
genetically engineered.
(B)
As indicated by the testimony of a U.S. Food and Drug
Administration (FDA) Supervisory Consumer Safety Officer, the FDA has
statutory authority to require labeling of food products, but does not consider
genetically engineered foods to be materially different from their traditional
counterparts to require such labeling.
(C)
No formal FDA policy on the labeling of genetically engineered
foods has been adopted.
Currently, the FDA only provides nonbinding
guidance on the labeling of genetically engineered foods, including a 1992
draft guidance regarding labeling of food produced from genetic engineering
and a 2001 draft guidance for industry regarding voluntary labeling of food
produced from genetic engineering.
(2)
U.S. federal law does not require independent testing of the safety of
food produced with genetic engineering, as evidenced by the following:
(A)
In
its
regulation
of
food,
the
FDA
does
not
distinguish
genetically
engineered
foods
from
foods
developed
by
traditional
plant
breeding.
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(B)
Under its regulatory framework, the FDA does not independently
test the safety of genetically engineered foods.
Instead, manufacturers submit
safety research and studies, the majority of which the manufacturers finance or
conduct.
The FDA reviews the manufacturers’ research and reports through a
voluntary
safety
consultation,
and
issues
a
letter
to
the
manufacturer
acknowledging the manufacturer’s conclusion regarding the safety of the
genetically engineered food product being tested.
(C)
The FDA does not use meta-studies or other forms of statistical
analysis to verify that the studies it reviews are not biased by financial or
professional conflicts of interest.
(D)
There is a lack of consensus regarding the validity of the research
and
science
surrounding
the
safety
of
genetically
engineered
foods,
as
indicated by the fact that there are peer-reviewed studies published in
international scientific literature showing negative, neutral, and positive health
results.
(E)
There have been no long-term or epidemiologic studies in the
United States that examine the safety of human consumption of genetically
engineered foods.
(F)
Independent scientists may be limited from conducting safety and
risk-assessment research of genetically engineered materials used in food
products due to industry restrictions or patent restrictions on the use for
research of those genetically engineered materials used in food products.
(3)
Genetically engineered foods are increasingly available for human
consumption, as evidenced by the fact that:
(A)
it is estimated that up to 80 percent of the processed foods sold in
the United States are at least partially produced from genetic engineering; and
(B)
according to the U.S. Department of Agriculture, in 2012,
genetically engineered soybeans accounted for 93 percent of U.S. soybean
acreage, and genetically engineered corn accounted for 88 percent of U.S. corn
acreage.
(4)
Genetically engineered foods potentially pose risks to health, safety,
agriculture, and the environment, as evidenced by the following:
(A)
There are conflicting studies assessing the health consequences
of food produced from genetic engineering.
(B)
The genetic engineering of plants and animals may cause
unintended consequences.
(C)
The
use of
genetically
engineered
crops
is increasing
in
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commodity agricultural production practices, which contribute to genetic
homogeneity, loss of biodiversity, and increased vulnerability of crops to pests,
diseases, and variable climate conditions.
(D)
Cross-pollination
of
or
cross-contamination
by
genetically
engineered crops may contaminate organic crops and, consequently, affect
marketability of those crops.
(E)
Cross-pollination from genetically engineered crops may have an
adverse
effect
on
native
flora
and
fauna.
The
transfer
of
unnatural
deoxyribonucleic acid to wild relatives can lead to displacement of those native
plants, and in turn, displacement of the native fauna dependent on those wild
varieties.
(5)
For multiple health, personal, religious, and environmental reasons,
the State of Vermont finds that food produced from genetic engineering should
be labeled as such, as evidenced by the following:
(A)
Public opinion polls conducted by the Center for Rural Studies at
the University of Vermont indicate that a large majority of Vermonters want
foods produced with genetic engineering to be labeled as such.
(B)
Polling by the New York Times indicated that many consumers
are under an incorrect assumption about whether the food they purchase is
produced from genetic engineering, and labeling food as produced from
genetic engineering will reduce consumer confusion or deception regarding the
food they purchase.
(C)
Because genetic engineering, as regulated by this act, involves
the direct injection of genes into cells, the fusion of cells, or the hybridization
of genes that does not occur in nature, labeling foods produced with genetic
engineering as “natural,” “naturally made,” “naturally grown,” “all natural,” or
other similar descriptors is inherently misleading, poses a risk of confusing or
deceiving consumers, and conflicts with the general perception that “natural”
foods are not genetically engineered.
(D)
Persons with certain religious beliefs object to producing foods
using genetic engineering because of objections to tampering with the genetic
makeup of life forms and the rapid introduction and proliferation of genetically
engineered organisms and, therefore, need food to be labeled as genetically
engineered in order to conform to religious beliefs and comply with dietary
restrictions.
(E)
Labeling gives consumers information they can use to make
decisions about what products they would prefer to purchase.
(6)
Because both the FDA and the U.S. Congress do not require the
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labeling of food produced with genetic engineering, the State should require
food produced with genetic engineering to be labeled as such in order to serve
the interests of the State, notwithstanding limited exceptions, to prevent
inadvertent consumer deception, prevent potential risks to human health,
protect religious practices, and protect the environment.
Sec. 2.
9 V.S.A. chapter 82A is added to read:
CHAPTER 82A.
LABELING OF FOOD PRODUCED WITH GENETIC
ENGINEERING
§ 3041.
PURPOSE
It is the purpose of this chapter to:
(1)
Public health and food safety.
Establish a system by which persons
may make informed decisions regarding the potential health effects of the food
they purchase and consume and by which, if they choose, persons may avoid
potential health risks of food produced from genetic engineering.
(2)
Environmental
impacts.
Inform
the
purchasing
decisions
of
consumers who are concerned about the potential environmental effects of the
production of food from genetic engineering.
(3)
Consumer confusion and deception.
Reduce and prevent consumer
confusion and deception by prohibiting the labeling of products produced from
genetic engineering as “natural” and by promoting the disclosure of factual
information on food labels to allow consumers to make informed decisions.
(4)
Protecting religious practices.
Provide consumers with data from
which they may make informed decisions for religious reasons.
§ 3042.
DEFINITIONS
As used in this chapter:
(1)
“Consumer” shall have the same meaning as in subsection 2451a(a)
of this title.
(2)
“Enzyme” means a protein that catalyzes chemical reactions of other
substances without itself being destroyed or altered upon completion of the
reactions.
(3)
“Food” means food intended for human consumption.
(4)
“Genetic engineering” is a process by which a food is produced from
an organism or organisms in which the genetic material has been changed
through the application of:
(A)
in
vitro
nucleic
acid
techniques,
including
recombinant
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deoxyribonucleic acid (DNA) techniques and the direct injection of nucleic
acid into cells or organelles; or
(B)
fusion of cells (including protoplast fusion) or hybridization
techniques that overcome natural physiological, reproductive, or recombination
barriers, where the donor cells or protoplasts do not fall within the same
taxonomic group, in a way that does not occur by natural multiplication or
natural recombination.
(5)
“In vitro nucleic acid techniques” means techniques, including
recombinant DNA or ribonucleic acid techniques, that use vector systems and
techniques involving the direct introduction into the organisms of hereditary
materials
prepared
outside
the
organisms
such
as
micro-injection,
chemoporation, electroporation, micro-encapsulation, and liposome fusion.
(6)
“Manufacturer” means a person who:
(A)
produces a processed food or raw agricultural commodity under
its own brand or label for sale in or into the State;
(B)
sells in or into the State under its own brand or label a processed
food or raw agricultural commodity produced by another supplier;
(C)
owns a brand that it licenses or licensed to another person for use
on a processed food or raw commodity sold in or into the State;
(D)
sells in, sells into, or distributes in the State a processed food or
raw agricultural commodity that it packaged under a brand or label owned by
another person;
(E)
imports into the United States for sale in or into the State a
processed food or raw agricultural commodity produced by a person without a
presence in the United States; or
(F)
produces a processed food or raw agricultural commodity for sale
in or into the State without affixing a brand name.
(7)
“Organism” means any biological entity capable of replication,
reproduction, or transferring of genetic material.
(8)
“Processed food” means any food other than a raw agricultural
commodity
and
includes
any
food
produced
from
a
raw
agricultural
commodity that has been subjected to processing such as canning, smoking,
pressing, cooking, freezing, dehydration, fermentation, or milling.
(9)
“Processing aid” means:
(A)
a substance that is added to a food during the processing of the
food but that is removed in some manner from the food before the food is
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packaged in its finished form;
(B)
a substance that is added to a food during processing, is
converted into constituents normally present in the food, and does not
significantly increase the amount of the constituents naturally found in the
food; or
(C)
a substance that is added to a food for its technical or functional
effect in the processing but is present in the finished food at levels that do not
have any technical or functional effect in that finished food.
(10)
“Raw agricultural commodity” means any food in its raw or natural
state, including any fruit or vegetable that is washed, colored, or otherwise
treated in its unpeeled natural form prior to marketing.
§ 3043.
LABELING OF FOOD PRODUCED WITH GENETIC
ENGINEERING
(a)
Except as set forth in section 3044 of this title, food offered for sale by
a retailer after July 1, 2016 shall be labeled as produced entirely or in part from
genetic engineering if it is a product:
(1)
offered for retail sale in Vermont; and
(2)
entirely or partially produced with genetic engineering.
(b)
If a food is required to be labeled under subsection (a) of this section, it
shall be labeled as follows:
(1)
in the
case
of
a
packaged
raw
agricultural
commodity,
the
manufacturer shall label the package offered for retail sale, with the clear and
conspicuous words “produced with genetic engineering”;
(2)
in the case of any raw agricultural commodity that is not separately
packaged, the retailer shall post a label appearing on the retail store shelf or bin
in which the commodity is displayed for sale with the clear and conspicuous
words “produced with genetic engineering”; or
(3)
in the case of any processed food that contains a product or products
of genetic engineering, the manufacturer shall label the package in which the
processed food is offered for sale with the words: “partially produced with
genetic
engineering”;
“may
be
produced
with
genetic
engineering”; or
“produced with genetic engineering.”
(c)
Except as set forth under section 3044 of this title, a manufacturer of a
food produced entirely or in part from genetic engineering shall not label the
product on the package, in signage, or in advertising as “natural,” “naturally
made,” “naturally grown,” “all natural,” or any words of similar import that
would have a tendency to mislead a consumer.
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(d)
This section and the requirements of this chapter shall not be construed
to require:
(1)
the listing or identification of any ingredient or ingredients that were
genetically engineered; or
(2)
the placement of the term “genetically engineered” immediately
preceding any common name or primary product descriptor of a food.
§ 3044.
EXEMPTIONS
The following foods shall not be subject to the labeling requirements of
section 3043 of this title:
(1)
Food consisting entirely of or derived entirely from an animal which
has not itself been produced with genetic engineering, regardless of whether
the animal has been fed or injected with any food, drug, or other substance
produced with genetic engineering.
(2)
A raw agricultural commodity or processed food derived from it that
has been grown, raised, or produced without the knowing or intentional use of
food or seed produced with genetic engineering.
Food will be deemed to be as
described in this subdivision only if the person otherwise responsible for
complying with the requirements of subsection 3043(a) of this title with
respect to a raw agricultural commodity or processed food obtains, from
whomever sold the raw agricultural commodity or processed food to that
person, a sworn statement that the raw agricultural commodity or processed
food
has
not
been
knowingly
or
intentionally
produced
with
genetic
engineering and has been segregated from and has not been knowingly or
intentionally commingled with food that may have been produced with genetic
engineering at any time.
In providing such a sworn statement, any person may
rely on a sworn statement from his or her own supplier that contains the
affirmation set forth in this subdivision.
(3)
Any processed food which would be subject to subsection 3043(a) of
this title solely because it includes one or more processing aids or enzymes
produced with genetic engineering.
(4)
Any beverage that is subject to the provisions of Title 7.
(5)
Any processed food that would be subject to subsection 3043(a) of
this title solely because it includes one or more materials that have been
produced with genetic engineering, provided that the genetically engineered
materials in the aggregate do not account for more than 0.9 percent of the total
weight of the processed food.
(6)
Food that an independent organization has verified has not been
knowingly or intentionally produced from or commingled with food or seed
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produced with genetic engineering.
The Office of the Attorney General, after
consultation with the Department of Health, shall approve by procedure the
independent organizations from which verification shall be acceptable under
this subdivision (6).
(7)
Food that is not packaged for retail sale and that is:
(A)
a processed food prepared and intended for immediate human
consumption; or
(B)
served, sold, or otherwise provided in any restaurant or other
food establishment, as defined in 18 V.S.A. § 4301, that is primarily engaged
in the sale of food prepared and intended for immediate human consumption.
(8)
Medical food, as that term is defined in 21 U.S.C. § 360ee(b)(3).
§ 3045.
RETAILER LIABILITY
(a)
A retailer shall not be liable for the failure to label a processed food as
required by section 3043 of this title, unless the retailer is the producer or
manufacturer of the processed food.
(b)
A retailer shall not be held liable for failure to label a raw agricultural
commodity as required by section 3043 of this title, provided that the retailer,
within 30 days of any proposed enforcement action or notice of violation,
obtains a sworn statement in accordance with subdivision 3044(2) of this title.
§ 3046.
SEVERABILITY
If any provision of this chapter or its application to any person or
circumstance is held invalid or in violation of the Constitution or laws of the
United States or in violation of the Constitution or laws of Vermont, the
invalidity or the violation shall not affect other provisions of this section which
can be given effect without the invalid provision or application, and to this end,
the provisions of this chapter are severable.
§ 3047.
FALSE CERTIFICATION
It shall be a violation of this chapter for a person knowingly to provide a
false statement under subdivision 3044(2) of this title that a raw agricultural
commodity or processed food has not been
knowingly or intentionally
produced with genetic engineering and has been segregated from and has not
been knowingly or intentionally commingled with food that may have been
produced with genetic engineering at any time.
§ 3048.
PENALTIES; ENFORCEMENT
(a)
Any person who violates the requirements of this chapter shall be liable
for
a
civil
penalty
of
not
more
than
$1,000.00
per day,
per product.
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Calculation of the civil penalty shall not be made or multiplied by the number
of individual packages of the same product displayed or offered for retail sale.
Civil penalties assessed under this section shall accrue and be assessed per
each uniquely named, designated, or marketed product.
(b)
The Attorney General shall have the same authority to make rules,
conduct civil investigations, enter into assurances of discontinuance, and bring
civil actions as provided under subchapter 1 of chapter 63 of this title.
Consumers shall have the same rights and remedies as provided under
subchapter 1 of chapter 63 of this title.
Sec. 3.
ATTORNEY GENERAL RULEMAKING; LABELING OF FOOD
PRODUCED WITH GENETIC ENGINEERING
The
Attorney
General
may
adopt
by
rule
requirements
for
the
implementation of 9 V.S.A. chapter 82A, including:
(1)
a requirement that the label required for food produced from genetic
engineering include a disclaimer that the Food and Drug Administration does
not consider foods produced from genetic engineering to be materially
different from other foods; and
(2)
notwithstanding
the
labeling
language
required
by
9
V.S.A.
§ 3043(a), a requirement that a label required under 9 V.S.A. chapter 82A
identify food produced entirely or in part from genetic engineering in a manner
consistent with requirements in other jurisdictions for the labeling of food,
including the labeling of food produced with genetic engineering.
Sec. 4.
GENETICALLY ENGINEERED FOOD LABELING SPECIAL
FUND
(a)
There is established a Genetically Engineered Food Labeling Special
Fund, pursuant to 32 V.S.A. chapter 7, subchapter 5 to pay costs or liabilities
incurred
by
the
Attorney
General
or
the
State
in
implementation
and
administration, including rulemaking, of the requirements under 9 V.S.A.
chapter 82A for the labeling of food produced from genetic engineering.
(b)
The Fund shall consist of:
(1)
private gifts, bequests, grants, or donations of any amount made to
the State from any public or private source for the purposes for which the Fund
was established;
(2)
except for those recoveries that by law are appropriated for other
uses, up to $1,500,000.00 of settlement monies collected by the Office of the
Attorney General that, as determined by the Office of the Attorney General
after consultation with the Joint Fiscal Office and the Department of Finance
and Management, exceed the estimated amounts of settlement proceeds in
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the July 2014 official revenue forecast issued under 32 V.S.A. § 305a for
fiscal year 2015; and
(3)
such sums as may be appropriated or transferred by the General
Assembly.
(c)
Monies in the Fund from settlement monies collected by the Office of
the Attorney General or from funds appropriated or transferred by the General
Assembly shall be disbursed only if monies in the Fund from private gifts,
bequests, grants, or donations are insufficient to the Attorney General to pay
the costs or liabilities of the Attorney General or the State incurred in
implementation and administration of the requirements of 9 V.S.A. chapter
82A.
(d)
On or after July 1, 2018, if the Attorney General is not involved in
ongoing litigation regarding the requirements of 9 V.S.A. chapter 82A and
monies in the Fund exceed the costs or liabilities of the Attorney General or
the State:
(1)
unexpended monies in the Fund received from private or public
sources shall be appropriated by the General Assembly, after review by the
Senate and House Committees on Appropriations, the Senate Committee on
Agriculture, and the House Committee on Agriculture and Forest Products, for
the support of agricultural activities or agricultural purposes in the State,
including promotion of value-added products, compliance with water quality
requirements, and marketing assistance and development; and
(2)
unexpended State monies in the Fund shall revert to the General
Fund.
Sec. 5.
ATTORNEY GENERAL FISCAL YEAR BUDGET
If, in fiscal year 2015, $1,500,000.00 in monies is not collected in the
Genetically Engineered Food Labeling Special Fund established under Sec. 4
of this act, the Attorney General shall request in the fiscal year 2016 budget
proposal for the Office of the Attorney General the monies necessary to
implement and administer the requirements established by 9 V.S.A. chapter
82A for the labeling of food produced from genetic engineering.
Sec. 6.
ATTORNEY GENERAL REPORT ON LABELING OF MILK
(a)
On or before January 15, 2015, the Office of the Attorney General, after
consultation with the Agency of Agriculture, Food and Markets, shall submit
to the Senate and House Committees on the Judiciary, the Senate Committee
on Agriculture, and the House Committee on Agriculture and Forest Products a
report regarding whether milk and milk products should be subject to the
labeling requirements of 9 V.S.A. chapter 82A for food produced with genetic
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engineering.
The report shall include:
(1)
a recommendation as to whether milk or milk products should be
subject to the requirements of 9 V.S.A. chapter 82A; and
(2)
the legal basis for the recommendation under subdivision (1) of this
subsection.
(b)
In exercise of the Attorney General’s authority to defend the interests of
the State, the Attorney General, in his or her discretion, may notify the General
Assembly that it is not in the best interest of the State to submit the report
required under subsection (a) of this section on or before January 15, 2015.
Any notice submitted under this subsection shall estimate the date when the
report shall be submitted to the General Assembly.
Sec. 7.
EFFECTIVE DATES
(a)
This section and Secs. 3 (Attorney General rulemaking), 4 (genetically
engineered food labeling special fund), 5 (Attorney General budget fiscal year
2016), 6 (Attorney General report; milk) shall take effect on passage.
(b)
Secs. 1 (findings) and 2 (labeling of food produced with genetic
engineering) shall take effect on July 1, 2016.
(For text see House Journal May 10, 2014 )
H. 260
An act relating to electronic insurance notices and credit for reinsurance
The Senate proposes to the House to amend the bill as follows:
First:
By striking out Secs. 1, 2, and 3 (pertaining to electronic insurance
notices) in their entirety
Second:
In Sec. 4, 8 V.S.A. § 3634a (credit for reinsurance), in subdivision
(b)(5), by adding subdivision (H) to read as follows:
(H)
Credit for reinsurance ceded to a certified reinsurer shall be
permitted only for reinsurance contracts entered into or renewed on or after the
effective date of the certification of the assuming insurer by the Commissioner.
Third:
By striking out Sec. 5 (effective dates) in its entirety and by
inserting in lieu thereof a new Sec. 5 (renumbered as Sec. 2) to read as follows:
Sec. 2.
EFFECTIVE DATE
This act shall take effect on passage.
And by renumbering all the remaining sections of the bill to be numerically
correct
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And that after passage the title of the bill be amended to read: “An act
relating to credit for reinsurance”.
(For text see House Journal February 4, 2014 )
H. 483
An act relating to adopting revisions to Article 9 of the Uniform Commercial
Code
The Senate proposes to the House to amend the bill as follows:
First:
In Sec. 1, in § 9-801, by striking out the following: “2013” and
inserting in lieu thereof the following: 2014.
Second:
In Sec. 2, by striking out the following: “2013” and inserting in
lieu thereof the following: 2014.
(For text see House Journal April 30, 2013 )
Action Under Rule 52
J.R.H. 22
Joint resolution authorizing the use of the State House on June 18, 2014 for the
2014 Green Mountain Girls State Day
(For text see House Journal 4/18/2014)
Action Postponed Until April 23, 2014
Senate Proposal of Amendment
H. 356
An act relating to prohibiting littering in or on the waters of the State.
Pending Question: Shall the House concur in the Senate Proposal of
Amendment?
NOTICE CALENDAR
Favorable with Amendment
J.R.H. 21
Joint resolution urging Congress to enact the Blue Water Navy Vietnam
Veterans Act of 2013
Rep. Savage of Swanton,
for the Committee on
General, Housing and
Military Affairs,
recommends the resolution be amended as follows:
First:
By striking out the seventh Whereas clause in its entirety and
inserting in lieu thereof a new seventh Whereas clause to read:
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Whereas, U.S. Representative Chris Gibson of New York introduced the
Blue Water Navy Vietnam Veterans Act of 2013 (H.R.543) to provide full
Agent Orange Act of 1991 compensation benefits to Blue Water Navy
Vietnam Veterans, with over 180 cosponsors, including U.S. Representative
Peter Welch, and with the support of many veterans service organizations, and
Second:
By striking out the eighth Whereas clause in its entirety.
( Committee Vote: 6-0-2)
S. 211
An act relating to permitting of sewage holding and pumpout tanks for
public buildings
Rep. Krebs of South Hero,
for the Committee on
Fish, Wildlife & Water
Resources,
recommends that the House propose to the Senate that the bill be
amended by striking all after the enacting clause and inserting in lieu thereof
the following:
* * * Sewage Holding and Pumpout Tanks for Public Buildings * * *
Sec. 1.
10 V.S.A. § 1979 is amended to read:
§ 1979.
HOLDING TANKS
(a)
The secretary Secretary shall approve the use of sewage holding and
pumpout tanks when he or she determines that:
(1)
the existing or proposed buildings or structures to be served by the
holding tank are publicly owned;
(2)
the plan for construction and operation of the holding tank will not
result in a public health hazard or environmental damage;
(3)
a designer demonstrates that an economically feasible means of
meeting current standards is significantly more costly than the construction and
operation of sewage holding and pumpout tanks, based on a projected 20-year
life of the project; and
(4)
the design flows do not exceed 600 gallons per day.
(b)(1)
The Secretary shall approve the use of sewage holding and pumpout
tanks for existing buildings or structures that are owned by a charitable,
religious, or nonprofit organization when he or she determines that:
(A)
the plan for construction and operation of the holding tank will
not result in a public health hazard or environmental damage;
(B)
a designer demonstrates that an economically feasible means of
meeting current standards is significantly more costly than the construction and
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operation of sewage holding and pumpout tanks, based on a projected 20-year
life of the project; and
(C)
the design flows do not exceed 600 gallons per day.
(2)
Before constructing a holding tank permitted under this subsection,
the applicant shall post a bond or other financial surety sufficient to finance
maintenance of the holding tank for the life of the system, which shall be at
least 20 years.
(3)(A)
A permit issued under this subsection shall run with the land for
the duration of the permit and shall apply to all subsequent owners of the
property being served by the holding tank regardless of whether the owner is a
charitable, religious, or nonprofit organization.
(B)
All permit conditions, including the financial surety requirement
of subdivision (b)(2), shall apply to a subsequent owner.
(C)
A subsequent owner shall not increase the design flows of the
holding and pumpout tank system without approval from the Secretary.
(c)
A holding tank may also be used for a project that is eligible for a
variance under section 1973 of this title, whether or not the project is publicly
owned, if the existing wastewater system has failed, or is expected to fail, and
in either instance, if there is no other cost-feasible alternative.
(c)(d)
When a holding tank is proposed for use, a designer shall submit all
information necessary to demonstrate that the holding tank will comply with
the following requirements:
(1)
the The holding tank shall be capable of holding at least 14 days of
the expected design flow from the building;.
(2)
the The tank shall be constructed of durable materials that are
appropriate for the site conditions and the nature of the sewage to be stored;.
(3)
the The tank shall be watertight, including any piping connected to
the tank and all access structures connected to the tank.
The tank shall be
leakage tested prior to being placed in service;.
(4)
the The tank shall be designed to protect against floatation when the
tank is empty, such as when it is pumped;.
(5)
the The tank shall be equipped with audio and visual alarms that are
triggered when the tank is filled to 75 percent of its design capacity;.
(6)
the The tank shall be located so that it can be reached by tank
pumping vehicles at all times when the structure is occupied; and.
(7)
the The analysis supports a claim under subdivision (a)(3) of this
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section.
(d)(e)
The permit application shall specify the method and expected
frequency of pumping.
(e)(f)
Any building or structure served by a holding tank shall have a water
meter, or meters, installed that measures all water that will be discharged as
wastewater from the building or structure.
(f)(g)
Any permit issued for the use of a holding tank will require a
designer to periodically inspect the tank, visible piping, and alarms.
The
designer shall submit a written report to the secretary Secretary detailing the
results of the inspection and any repairs or changes in operation that are
required.
The report also shall detail the pumping history since the previous
report, giving the dates of pumping and the volume of wastewater removed.
The frequency of inspections and reports shall be stated in the permit issued for
the use of the tank, but shall be no less frequent than once per year.
The
designer also shall inspect the water meter or meters and verify that they are
installed, calibrated, and measuring all water that is discharged as wastewater.
The designer shall read the meters and compare the metered flow to the
pumping records.
Any significant deviation shall be noted in the report and
explained to the extent possible.
(g)(h)
The owner of a holding tank shall maintain a valid contract with a
licensed wastewater hauler at all times.
The contract shall require the licensed
wastewater hauler to provide written notice of dates of pumping and volume of
wastewater pumped.
Copies of all such notices shall be submitted with the
written inspection reports.
* * * Municipal Water Connection Certification * * *
Sec. 2.
10 V.S.A. § 1976 is amended to read:
§ 1976.
DELEGATION OF AUTHORITY TO MUNICIPALITIES
(a)(1)
If a municipality submits a written request for delegation of this
chapter, the secretary Secretary shall delegate authority to the municipality to
implement and administer provisions of this chapter, the rules adopted under
this chapter, and the enforcement provisions of chapter 201 of this title relating
to this chapter, provided that the secretary Secretary is satisfied that the
municipality:
(A)
has
established
a
process
for
accepting,
reviewing,
and
processing applications and issuing permits, which shall adhere to the rules
established
by
the secretary Secretary for
potable
water
supplies
and
wastewater systems, including permits, by rule, for sewerage connections;
(B)
has hired, appointed, or retained on contract, or will hire, appoint,
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or retain on contract, a licensed designer to perform technical work which must
be done by a municipality under this section to grant permits;
(C)
will take timely and appropriate enforcement actions pursuant to
the authority of chapter 201 of this title;
(D)
commits to reporting annually to the secretary Secretary on a
form and date determined by the secretary Secretary; and
(E)
will comply with all other requirements of the rules adopted
under section 1978 of this title.
(2)
Notwithstanding the provisions of this subsection, there shall be no
delegation of this section or of section 1975 or 1978 of this title.
* * *
(g)
Notwithstanding the requirements of subsection (a) of this section, if a
municipality submits a written request for partial delegation of this chapter, the
Secretary shall delegate authority to the municipality to permit new or
modified service connections to an existing municipally owned water main or
sewer main, provided that the Secretary is satisfied that the municipality:
(1)
shall only issue permits for connections under this subsection if it
owns both the water main and the sewer main at the site of the connection;
(2)
will provide notice to the Secretary of any new connection; and
(3)
has hired, appointed, or retained on contract, or will hire, appoint, or
retain on contract, a licensed designer who is or will be responsible for
designing and certifying the design of new service connections.
Sec. 3.
WASTEWATER RULES; AMENDMENT
On or before June 1, 2015, the Agency of Natural Resources shall amend its
rules under 10 V.S.A. § 1978 to conform to the provisions of Sec. 2 of this act.
Sec. 4.
MUNICIPAL WATER CONNECTION PERMIT DELEGATION
REPORT
On or before December 1, 2016, the Secretary of Natural Resources shall
submit to the House Committee on Fish, Wildlife and Water Resources and the
Senate Committee on Natural Resources and Energy a report that shall include:
(1)
a list of municipalities that have accepted full or partial delegation of
permitting authority under 10 V.S.A. § 1964;
(2)
a summary of the cost of full and partial delegation of permitting
authority under 10 V.S.A. § 1964 for the agency, permitting municipalities,
and permit applicants; and
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(3)
a recommendation for whether to continue to exempt municipalities
from the requirements of 10 V.S.A. § 1964(a) when permitting authority is
partially delegated under 10 V.S.A. § 1964(g).
* * * Effective Date * * *
Sec. 5.
EFFECTIVE DATE
This act shall take effect on July 1, 2014.
(Committee vote: 9-0 )
(For text see Senate Journal February 28, 2014 )
S. 220
An act relating to furthering economic development
Rep. Botzow of Pownal,
for the Committee on
Commerce and Economic
Development,
recommends that the House propose to the Senate that the bill
be amended by striking all after the enacting clause and inserting in lieu
thereof the following:
* * * One-Stop Business Support Services * * *
Sec. 1.
ONE-STOP SHOP WEB PORTAL
(a)
Purpose.
The State of Vermont seeks to simplify and expedite the
process for business creation and growth by providing:
(1)
a clear guide to resources and technical assistance for all phases of
business development;
(2)
a directory of financial assistance, including grants, funding capital,
tax credits, and incentives;
(3)
a
directory
of
workforce
development
assistance,
including
recruiting, job postings, and training;
(4)
a link to centralized business services available from the Secretary of
State, the Department of Labor, the Department of Taxes, and others; and
(5)
agency contacts and links for available services and resources.
(b)
Administration.
On or before June 30, 2015, the Secretary of State,
Department of Taxes, Department of Labor, the Vermont Attorney General,
the Agency of Commerce and Community Development, and the Agency of
Administration shall coordinate with other relevant agencies and departments
within State government and outside partners, including regional development
corporations, regional planning commissions, and small business development
centers, to provide comprehensive business services, regional coaching teams,
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print materials, other outreach, and a “One-Stop Shop” website, consistent with
the following timeline:
(1)
Phase 1.
Complete necessary partner outreach and collaboration and
an inventory of existing websites, determine the appropriate content to be
included on the One-Stop website, and update current websites to include links
to State agencies and departments with regulatory oversight and authority over
Vermont businesses.
(2)
Phase 2.
Edit and organize the content to be included on the
One-Stop website.
(3)
Phase 3.
Complete the design and mapping of the One-Stop website.
(4)
Phase 4.
Complete a communications and outreach plan with a final
funding proposal for the project.
* * * Vermont Enterprise Investment Fund * * *
Sec. 1a. 32 V.S.A. § 136 is added to read:
§ 136.
VERMONT ENTERPRISE INVESTMENT FUND
(a)
There is created a Vermont Enterprise Investment Fund, the sums of
which may be used by the Governor, with the approval of the Emergency
Board, for the purpose of making economic and financial resources available
to businesses facing circumstances that necessitate State government support
and response more rapidly than would otherwise be available from, or that
would be in addition to, other economic incentives.
(b)(1)
The Fund shall be administered by the Commissioner of Finance and
Management as a special fund under the provisions of chapter 7, subchapter 5
of this title.
(2)
The Fund shall contain any amounts transferred or appropriated to it
by the General Assembly.
(3)
Interest earned on the Fund and any balance remaining at the end of
the fiscal year shall remain in the Fund.
(4)
The Commissioner shall maintain records that indicate the amount of
money in the Fund at any given time.
(c)
The Governor is authorized to use amounts available in the Fund to
offer economic and financial resources to an eligible business pursuant to this
section, subject to approval by the Emergency Board as provided in subsection
(e) of this section.
(d)
To be eligible for an investment through the Fund, the Governor shall
determine that a business:
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(1)
adequately demonstrates:
(A)
a substantial statewide or regional economic or employment
impact; or
(B)
approval or eligibility for other economic development incentives
and programs offered by the State of Vermont; and
(2)
is experiencing one or more of the following circumstances:
(A)
a merger or acquisition may cause the closing of all or a portion
of a Vermont business, or closure or relocation outside Vermont will cause the
loss of employment in Vermont;
(B)
a prospective purchaser is considering the acquisition of an
existing business in Vermont;
(C) an existing employer in Vermont, which is a division or
subsidiary of a multistate or multinational company, may be closed or have its
employment significantly reduced; or
(D)
is considering Vermont for relocation or expansion.
(e)(1)
Any economic and financial resources offered by the Governor under
this section must be approved by the Emergency Board before an eligible
business may receive assistance from the Fund.
(2)
Subject to approval by the President Pro Tempore of the Senate and
the Speaker of the House of Representatives, respectively, the Board shall
invite the Chair of the Senate Committee on Economic Development, Housing
and General Affairs and the Chair of the House Committee on Commerce and
Economic Development to participate in Board deliberations under this section
in an advisory capacity.
(3)
The Governor, or his or her designee, shall present to the Emergency
Board for its approval:
(A)
information on the company;
(B)
the circumstances supporting the offer of economic and financial
resources;
(C)
a summary of the economic activity proposed or that would be
foregone:
(D)
other state incentives and programs offered or involved;
(E)
the economic and financial resources offered by the Governor
requiring use of monies from the Fund;
(F)
employment, investment, and economic impact of Fund support
- 2144 -
on the employer, including a fiscal cost-benefit analysis; and
(G)
terms and conditions of the economic and financial resources
offered, including:
(i)
the total dollar amount and form of the economic and financial
resources offered;
(ii)
employment creation, employment retention, and capital
investment performance requirements; and
(iii)
disallowance and recapture provisions.
(f)(1)
Proprietary business information and materials or other confidential
financial information submitted by a business to the State, or submitted by the
Governor to the Emergency Board, for the purpose of negotiating or approving
economic and financial resources under this section shall not be subject to
public disclosure under the State's public records law in 1 V.S.A. chapter 5, but
shall be available to the Joint Fiscal Office or its agent upon authorization of
the Chair of the Joint Fiscal Committee, and shall also be available to the
auditor of accounts in connection with the performance of duties under section
163 of this title; provided, however, that the Joint Fiscal Office or its agent,
and the Auditor of Accounts, shall not disclose, directly or indirectly, to any
person any proprietary business or other confidential information or any
information which would identify a business except in accordance with a
judicial order or as otherwise specifically provided by law.
(2)
Nothing in this subsection shall be construed to prohibit the
publication of statistical information, rulings, determinations, reports, opinions,
policies, or other information so long as the data are disclosed in a form that
cannot identify or be associated with a particular business.
(g)
On or before January 15 of each year following a year in which
economic and financial resources were made available pursuant to this section,
the Secretary of Commerce and Community Development shall submit to the
House Committees on Commerce and Economic Development and on Ways
and Means, and to the Senate Committees on Finance and on Economic
Development, Housing and General Affairs, a report on the resources made
available pursuant to this section, including:
(1)
the name of the recipient;
(2)
the amount and type of
the resources;
(3)
the aggregate number of jobs created or retained as a result of the
resources;
(4)
a statement of costs and benefits to the State; and
- 2145 -
(5)
whether any offer of resources was disallowed or recaptured.
Sec. 1b.
CONTINGENT FISCAL YEAR 2014 APPROPRIATION
Prior to any transfer pursuant to Sec. B 1104 of Act 50 of 2013, the first
$5,000,000.00 of FY 2014 funds that would otherwise be transferred to the
General Fund Balance Reserve as specified by 32 V.S.A. § 308c shall be
appropriated as follows:
(1)
$500,000.00 to the Vermont Economic Development Authority for
loan loss reserves within the Vermont Entrepreneurial Lending Program for the
purposes specified in 10 V.S.A. § 280bb.
(2)
$4,500,000.00 to the Vermont Enterprise Investment Fund for the
purposes specified in 32 V.S.A. § 136.
* * * Vermont Economic Development Authority * * *
Sec. 2.
10 V.S.A. chapter 12 is amended to read:
VERMONT ECONOMIC DEVELOPMENT
AUTHORITY
* * *
Subchapter 12.
Technology Loan Vermont Entrepreneurial Lending
Program
§ 280aa.
FINDINGS AND PURPOSE
(a)(1)
Technology-based companies Vermont-based businesses in seed,
start-up, and growth-stages are a vital source of innovation, employment, and
economic growth in Vermont.
The continued development and success of this
increasingly important sector of Vermont’s economy these businesses is
dependent upon the availability of flexible, risk-based capital.
(2)
Because
the
primary
assets
of technology-based
companies
sometimes Vermont-based businesses in seed, start-up, and growth-stages
often consist almost entirely of intellectual property or insufficient tangible
assets to support conventional lending, such these companies frequently do
may not have access to conventional means of raising capital, such as asset-
based bank financing.
(b)
To support the growth of technology-based companies Vermont-based
businesses in seed, start-up, and growth-stages and the resultant creation of
high-wage higher wage employment in Vermont, a technology loan program is
established under this subchapter the General Assembly hereby creates in this
subchapter the Vermont Entrepreneurial Lending Program to support the
- 2146 -
growth and development of seed, start-up, and growth-stage businesses.
§ 280bb.
TECHNOLOGY LOAN VERMONT ENTREPRENEURIAL
LENDING PROGRAM
(a)
There is created a technology (TECH) loan program the Vermont
Entrepreneurial Lending Program to be administered by the Vermont economic
development authority Economic Development Authority.
The program
Program shall seek to meet the working capital and capital-asset financing
needs of technology-based companies start-up, early stage, and growth-stage
businesses in Vermont.
The Program shall specifically seek to fulfill capital
requirement needs that are unmet in Vermont, including:
(1)
loans up to $100,000.00 to manufacturing businesses and software
developers with innovative products that typically reflect long-term, organic
growth;
(2)
loans from up to $1,000,000.00 in growth-stage companies who do
not meet the underwriting criteria of other public and private entrepreneurial
financing sources; and
(3)
loans to businesses that are unable to access adequate capital
resources
because
the
primary
assets
of
these
businesses
are
typically
intellectual property or similar nontangible assets.
(b)
The economic development authority Authority shall establish such
adopt regulations, policies, and procedures for the program Program as are
necessary to carry out the purposes of this subchapter.
The authority’s lending
criteria shall include consideration of in-state competition and whether a
company has made reasonable efforts to secure capital in the private sector
increase the amount of investment funds available to Vermont businesses
whose capital requirements are not being met by conventional lending sources.
(c)
When considering entrepreneurial lending through the Program, the
Authority shall give additional consideration and weight to an application of a
business whose business model and practices will have a demonstrable effect
in achieving other public policy goals of the State, including:
(1)
The business will create jobs in strategic sectors such as the
knowledge-based economy, renewable energy, advanced manufacturing, wood
products manufacturing, and value-added agricultural processing.
(2)
The business is located in a designated downtown, village center,
growth
center,
industrial
park,
or
other
significant
geographic
location
recognized by the State.
(3)
The business adopts energy and thermal efficiency practices in its
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operations or otherwise operates in a way that reflects a commitment to green
energy principles.
(4)
The business will create jobs that pay a livable wage and significant
benefits to Vermont employees
(d)
The Authority shall include provisions in the terms of an loan made
under the Program to ensure that a loan recipient shall maintain operations
within the State for a minimum of five years from the date on which the
recipient receives the loan funds from the Authority or shall otherwise be
required to repay the outstanding funds in full.
* * *
Sec. 3.
VERMONT ENTREPRENEURIAL LENDING PROGRAM; LOAN
LOSS RESERVE FUNDS; CAPITALIZATION; PRIVATE
CAPITAL; APPROPRIATION
(a)
The Vermont Economic Development Authority shall capitalize loan
loss reserves for the Vermont Entrepreneurial Lending Program created in
10 V.S.A. § 280bb with the following funding from the following sources:
(1)
up to $1,000,000.00 from Authority funds or eligible federal funds
currently administered by the Authority; and
(2)
Fiscal Year 2014 funds appropriated to the Program pursuant to Sec.
1b. of this Act.
(b)
The Authority shall use the funds in subsection (a) of this section solely
for the purpose of establishing and maintaining loan loss reserves to guarantee
loans made pursuant to 10 V.S.A. § 280bb.
Sec. 4.
10 V.S.A. chapter 16A is amended to read:
VERMONT AGRICULTURAL CREDIT PROGRAM
§ 374a.
CREATION OF THE VERMONT AGRICULTURAL CREDIT
PROGRAM
* * *
(b)
No borrower shall be approved for a loan from the corporation that
would result in the aggregate principal balances outstanding of all loans to that
borrower exceeding the then-current maximum Farm Service Agency loan
guarantee limits, or $2,000,000.00, whichever is greater.
§ 374b.
DEFINITIONS
As used in this chapter:
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(1)
“Agricultural facility” means land and rights in land, buildings,
structures, machinery, and equipment which is used for, or will be used for
producing, processing, preparing, packaging, storing, distributing, marketing,
or transporting agricultural products which have been primarily produced in
this state State, and working capital reasonably required to operate an
agricultural facility.
(2)
“Agricultural
land”
means
real
estate
capable
of
supporting
commercial farming or forestry, or both.
(3)
“Agricultural products” mean crops, livestock, forest products, and
other farm or forest commodities produced as a result of farming or forestry
activities.
(4)
“Farm ownership loan” means a loan to acquire or enlarge a farm or
agricultural facility, to make capital improvements including construction,
purchase, and improvement of farm and agricultural facility buildings that can
be made fixtures to the real estate, to promote soil and water conservation and
protection, and to refinance indebtedness incurred for farm ownership or
operating loan purposes, or both.
(5)
“Authority” means the Vermont economic development authority
Economic Development Authority.
(6)
“Cash flow” means, on an annual basis, all income, receipts, and
revenues of the applicant or borrower from all sources and all expenses of the
applicant or borrower, including all debt service and other expenses.
(7)
“Farmer” means an individual directly engaged in the management
or operation of an agricultural facility or farm operation for whom the
agricultural facility or farm operation constitutes two or more of the following:
(A)
is or is expected to become a significant source of the farmer’s
income;
(B)
the majority of the farmer’s assets; and
(C)
an occupation in which the farmer is actively engaged in, either
on a seasonal or year-round basis.
(8)
“Farm operation” shall mean the cultivation of land or other uses of
land for the production of food, fiber, horticultural, silvicultural, orchard,
maple syrup, Christmas trees, forest products, or forest crops; the raising,
boarding, and training of equines, and the raising of livestock; or any
combination of the foregoing activities.
Farm operation also includes the
storage, preparation, retail sale, and transportation of agricultural or forest
commodities accessory to the cultivation or use of such land.
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* * *
* * * Connecting Capital Providers and Entrepreneurs * * *
Sec. 5.
NETWORKING INITIATIVES; APPROPRIATION
(a)
The Agency of Commerce and Community Development shall support
networking events offered by one or more regional economic development
providers designed to connect capital providers with one another or with
Vermont entrepreneurs, or both, and shall take steps to facilitate outreach and
matchmaking opportunities between investors and entrepreneurs.
(b)
The Agency shall submit to the House Committee on Commerce and
Economic
Development
and
to
the
Senate
Committee
on
Economic
Development, Housing and General Affairs:
(1)
a status report on or before January 15, 2015 concerning the
structure of networking initiatives, the relevant provisions of governing
performance contracts, and the benchmarks and measures of performance; and
(2)
a report on or before December 15, 2015 concerning the outcomes of
and further recommendations for the program.
* * * Downtown Tax Credits * * *
Sec. 6.
32 V.S.A. chapter 151, subchapter 11J is amended to read:
Subchapter 11J.
Vermont Downtown and
Village Center Tax Credit Program
§ 5930aa.
DEFINITIONS
As used in this subchapter:
* * *
(3)
“Qualified code or technology improvement project” means a
project:
(A)(i)
To to install or improve platform lifts suitable for transporting
personal
mobility
devices,
elevators,
sprinkler
systems,
and
capital
improvements in a qualified building, and the installations or improvements
are
required
to
bring
the
building
into
compliance
with
the
statutory
requirements and rules regarding fire prevention, life safety, and electrical,
plumbing, and accessibility codes as determined by the department of public
safety. Department of Public Safety; or
(ii)
to install or improve data or network wiring, or heating,
ventilating,
or
cooling
systems
reasonably
related
to
data
or
network
installations
or
improvements,
in
a
qualified
building,
provided
that
a
- 2150 -
professional engineer licensed under 26 V.S.A. chapter 20 certifies as to the
fact and cost of the installation or improvement;
(B)
To to abate lead paint conditions or other substances hazardous to
human health or safety in a qualified building.; or
(C)
To to redevelop a contaminated property in a designated
downtown or village center under a plan approved by the Secretary of Natural
Resources pursuant to 10 V.S.A. § 6615a.
(4)
“Qualified expenditures” means construction-related expenses of the
taxpayer directly related to the project for which the tax credit is sought but
excluding any expenses related to a private residence.
(5)
“Qualified façade improvement project” means the rehabilitation of
the façade of a qualified building that contributes to the integrity of the
designated downtown or designated village center.
Façade improvements to
qualified buildings listed, or eligible for listing, in the State or National
Register of Historic Places must be consistent with Secretary of the Interior
Standards, as determined by the Vermont Division for Historic Preservation.
(6)
“Qualified
historic
rehabilitation
project”
means
an
historic
rehabilitation
project
that
has
received
federal
certification
for
the
rehabilitation project.
(7)
“Qualified
project”
means
a
qualified
code or
technology
improvement,
qualified
façade
improvement,
qualified
technology
infrastructure project, or qualified historic rehabilitation project as defined by
this subchapter.
(8)
“State Board” means the Vermont Downtown Development Board
established pursuant to 24 V.S.A. chapter 76A.
§ 5930bb.
ELIGIBILITY AND ADMINISTRATION
(a)
Qualified applicants may apply to the State Board to obtain the tax
credits provided by this subchapter for qualified code improvement, façade
improvement, or historic rehabilitation projects a qualified project at any time
before one year after completion of the qualified project.
(b)
To qualify for any of the tax credits under this subchapter, expenditures
for the qualified project must exceed $5,000.00.
(c)
Application shall be made in accordance with the guidelines set by the
State Board.
(d)
Notwithstanding any other provision of this subchapter, qualified
applicants may apply to the State Board at any time prior to June 30, 2013 to
obtain a tax credit not otherwise available under subsections 5930cc(a)-(c) of
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this title of 10 percent of qualified expenditures resulting from damage caused
by a federally declared disaster in Vermont in 2011.
The credit shall only be
claimed against the taxpayer’s State individual income tax under section 5822
of this title.
To the extent that any allocated tax credit exceeds the taxpayer’s
tax liability for the first tax year in which the qualified project is completed,
the taxpayer shall receive a refund equal to the unused portion of the tax credit.
If within two years after the date of the credit allocation no claim for a tax
credit or refund has been filed, the tax credit allocation shall be rescinded and
recaptured pursuant to subdivision 5930ee(6) of this title.
The total amount of
tax credits available under this subsection shall not be more than $500,000.00
and shall not be subject to the limitations contained in subdivision 5930ee(2)
of this subchapter.
§ 5930cc.
DOWNTOWN AND VILLAGE CENTER PROGRAM TAX
CREDITS
(a)
Historic rehabilitation tax credit.
The qualified applicant of a qualified
historic rehabilitation project shall be entitled, upon the approval of the State
Board, to claim against the taxpayer’s state State individual income tax,
corporate income tax, or bank franchise or insurance premiums tax liability a
credit of 10 percent of qualified rehabilitation expenditures as defined in the
Internal Revenue Code, 26 U.S.C. § 47(c), properly chargeable to the federally
certified rehabilitation.
(b)
Façade improvement tax credit.
The qualified applicant of a qualified
façade improvement project shall be entitled, upon the approval of the State
Board, to claim against the taxpayer’s State individual income tax, state State
corporate income tax, or bank franchise or insurance premiums tax liability a
credit of 25 percent of qualified expenditures up to a maximum tax credit of
$25,000.00.
(c)
Code improvement tax credit.
The qualified applicant of a qualified
code or technology improvement project shall be entitled, upon the approval of
the State Board, to claim against the taxpayer’s State individual income tax,
State corporate income tax, or bank franchise or insurance premiums tax
liability a credit of 50 percent of qualified expenditures up to a maximum tax
credit of $12,000.00 for installation or improvement of a platform lift, a
maximum tax credit of $50,000.00 for installation or improvement of an
elevator, a maximum tax credit of $50,000.00 for installation or improvement
of a sprinkler system, a maximum tax credit of $30,000.00 for the combined
costs of installation or improvement of data or network wiring or a heating,
ventilating, or cooling system, and a maximum tax credit of $25,000.00 for the
combined costs of all other qualified code improvements.
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* * *
* * * Electricity Rates for Businesses * * *
Sec. 7.
30 V.S.A. § 218e is added to read:
§ 218e.
IMPLEMENTING
STATE
ENERGY
POLICY;
MANUFACTURING
To give effect to the policies of section 202a of this title to provide reliable
and affordable energy and assure the State’s economic vitality, it is critical to
retain and recruit manufacturing and other businesses and to consider the
impact on manufacturing and other businesses when issuing orders, adopting
rules, and making other decisions affecting the cost and reliability of electricity
and other fuels.
Implementation of the State’s energy policy should:
(1)
encourage
recruitment
and
retention
of
employers
providing
high-quality jobs and related economic investment and support the State’s
economic welfare; and
(2)
appropriately balance the objectives of this section with the other
policy goals and criteria established in this title.
Sec. 7a.
INVESTIGATION; ELECTRICITY COSTS; MANUFACTURING
(a)
The Commissioner of Public Service and the Secretary of Commerce
and Community Development, in consultation with the Public Service Board, a
private
organization
that
represents
the
interests
of
manufacturers,
a
cooperative electric company, an efficiency
utility, a shareholder-owned
utility, the Vermont Public Power Supply Authority (VPPSA), a municipal
utility that is not a member of VPPSA,
and the Vermont Electric Power
Company (VELCO), shall conduct an investigation of how best to advance the
public good through consideration of the competitiveness of Vermont’s
industrial or manufacturing businesses with regard to electricity costs.
(b)
In
conducting
the
investigation
required
by
this
section,
the
Commissioner and Secretary shall consider:
(1)
how best to incorporate into rate design proceedings the impact of
electricity costs on business competitiveness and the identification of the costs
of service incurred by businesses;
(2)
with regard to the energy efficiency programs established under
section 209 of this title, potential changes to their delivery, funding, financing,
and participation requirements;
(3)
the history and outcome of any evaluations of the Energy Savings
Account or Customer Credit programs, as well as best practices for customer
self-directed energy efficiency programs;
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(4)
the history and outcome of any evaluations of retail choice programs
or policies, as related to business competitiveness, that have been undertaken
in Vermont and in other jurisdictions;
(5)
any other programs or policies the Commissioner and the Secretary
deem relevant;
(6)
whether and to what extent any programs or policies considered by
the Commissioner and the Secretary under this section would impose cost
shifts onto other customers, result in stranded costs (costs that cannot be
recovered by a regulated utility due to a change in regulatory structure or
policy), or conflict with renewable energy requirements in Vermont and, if so,
whether such programs or policies would nonetheless promote the public good;
(7)
whether and to what extent costs have shifted to residential and
business ratepayers following the loss of large utility users, and potential
scenarios for additional cost shifts of this type; and
(8)
the potential benefits and potential cost shift to residential and
business ratepayers if a large utility user undertakes efficiency measures and
thereby reduces its share of fixed utility costs.
(c)
In
conducting
the
investigation
required
by
this
section,
the
Commissioner and Secretary shall provide the following persons and entities
an opportunity for written and oral comments:
(1)
consumer and business advocacy groups;
(2)
regional
development
corporations
and
regional
planning
commissions; and
(3)
any other person or entity as determined by the Commissioner and
Secretary.
(d)
On or before December 15, 2014, the Commissioner and Secretary shall
provide
a
status
report
to
the
General
Assembly
of
its
findings
and
recommendations regarding regulatory or statutory changes that would reduce
energy costs for Vermont businesses and promote the public good.
On or
before December 15, 2015, the Commissioner and Secretary shall provide a
final report to the General Assembly of such findings and recommendations.
* * * Domestic Export Program * * *
Sec. 8.
DOMESTIC MARKET ACCESS PROGRAM FOR VERMONT
AGRICULTURE AND FOREST PRODUCTS
(a)
The Secretary of Agriculture, Food and Markets, in collaboration with
the Agency of Commerce and Community Development and the Chief
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Marketing Officer, shall create a Domestic Export Program Pilot Project within
the “Made in Vermont” designation program, the purpose of which shall be to:
(1)
connect Vermont producers with brokers, buyers, and distributors in
other U.S. state and regional markets,
(2)
provide technical and marketing assistance to Vermont producers to
convert these connections into increased sales and sustainable commercial
relationships; and
(3)
provide one-time matching grants of up to $2,000.00 per business to
attend trade shows and similar events to expand producers’ market presence in
other U.S. states.
(b)
There is appropriated in Fiscal Year 2015 from the General Fund to the
Agency of Agriculture, Food and Markets the amount of $75,000.00 to
implement the provisions of this section.
(c)
The Secretary shall collect data on the activities and outcomes of the
pilot project authorized under this section and shall report his or her findings
and recommendations for further action on or before January 15, 2015, to the
House
Committees
on
Agriculture
and
on
Commerce
and
Economic
Development and to the Senate Committees on Agriculture and on Economic
Development, Housing and General Affairs.
* * * Criminal Penalties for Computer Crimes * * *
Sec. 9.
13 V.S.A. chapter 87 is amended to read:
COMPUTER CRIMES
* * *
§ 4104.
ALTERATION, DAMAGE, OR INTERFERENCE
(a)
A person shall not intentionally and without lawful authority, alter,
damage, or interfere with the operation of any computer, computer system,
computer network, computer software, computer program, or data contained in
such computer, computer system, computer program, or computer network.
(b)
Penalties.
A person convicted of violating this section shall be:
(1)
if the damage or loss does not exceed $500.00 for a first offense,
imprisoned not more than one year or fined not more than $500.00 $5,000.00,
or both;
(2)
if the damage or loss does not exceed $500.00 for a second or
subsequent offense, imprisoned not more than two years or fined not more than
$1,000.00 $10,000.00, or both; or
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(3)
if the damage or loss exceeds $500.00, imprisoned not more than
10 years or fined not more than $10,000.00 $25,000.00, or both.
§ 4105.
THEFT OR DESTRUCTION
(a)(1)
A person shall not intentionally and without claim of right deprive
the owner of possession, take, transfer, copy, conceal, or retain possession of,
or intentionally and without lawful authority, destroy any computer system,
computer network, computer software, computer program, or data contained in
such computer, computer system, computer program, or computer network.
(2)
Copying a commercially available computer program or computer
software is not a crime under this section, provided that the computer program
and computer software has a retail value of $500.00 or less and is not copied
for resale.
(b)
Penalties.
A person convicted of violating this section shall be:
(1)
if the damage or loss does not exceed $500.00 for a first offense,
imprisoned not more than one year or fined not more than $500.00 $5,000.00,
or both;
(2)
if the damage or loss does not exceed $500.00 for a second or
subsequent offense, imprisoned not more than two years or fined not more than
$1,000.00 $10,000.00, or both; or
(3)
if the damage or loss exceeds $500.00, imprisoned not more than
10 years or fined not more than $10,000.00 $25,000.00, or both.
§ 4106.
CIVIL LIABILITY
A person damaged as a result of a violation of this chapter may bring a civil
action against the violator for damages, costs and fees including reasonable
attorney’s fees, and such other relief as the court deems appropriate.
* * *
* * * Statute of Limitations to Commence Action
for Misappropriation of Trade Secrets * * *
Sec. 10.
12 V.S.A. § 523 is amended to read:
§ 523.
TRADE SECRETS
An action for misappropriation of trade secrets under 9 V.S.A. chapter 143
of Title 9 shall be commenced within three years after the cause of action
accrues, and not after.
The cause of action shall be deemed to accrue as of the
date the misappropriation was discovered or reasonably should have been
discovered.
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* * * Protection of Trade Secrets * * *
Sec. 11.
9 V.S.A. chapter 143 is amended to read:
TRADE SECRETS
§ 4601.
DEFINITIONS
As used in this chapter:
(1)
“Improper means” includes theft, bribery, misrepresentation, breach
or inducement of a breach of a duty to maintain secrecy, or espionage through
electronic or other means.
(2)
“Misappropriation” means:
(A)
acquisition of a trade secret of another by a person who knows or
has reason to know that the trade secret was acquired by improper means; or
(B)
disclosure or use of a trade secret of another without express or
implied consent by a person who:
(i)
used improper means to acquire knowledge of the trade
secret; or
(ii)
at the time of disclosure or use, knew or had reason to know
that his or her knowledge of the trade secret was:
(I)
derived from or through a person who had utilized improper
means to acquire it;
(II)
acquired under circumstances giving rise to a duty to
maintain its secrecy or limit its use; or
(III)
derived from or through a person who owed a duty to the
person seeking relief to maintain its secrecy or limit its use; or
(iii)
before a material change of his or her position, knew or had
reason to know that it was a trade secret and that knowledge of it had been
acquired by accident or mistake.
(3)
“Trade secret” means information, including a formula, pattern,
compilation, program, device, method, technique, or process, that:
(A)
derives independent economic value, actual or potential, from
not being generally known to, and not being readily ascertainable by proper
means by, other persons who can obtain economic value from its disclosure or
use; and
(B)
is
the
subject
of
efforts
that
are
reasonable
under
the
circumstances to maintain its secrecy.
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§ 4602.
INJUNCTIVE RELIEF
(a)
Actual
A court may enjoin actual or threatened misappropriation may
be enjoined of a trade secret.
Upon application to the court, an injunction shall
be terminated when the trade secret has ceased to exist, but the injunction may
be continued for an additional reasonable period of time in order to eliminate
commercial
advantage
that
otherwise
would
be
derived
from
the
misappropriation.
(b)
In exceptional circumstances, an injunction may condition future use
upon payment of a reasonable royalty for no longer than the period of time for
which use could have been prohibited.
Exceptional circumstances include, but
are not limited to, a material and prejudicial change of position prior to
acquiring knowledge or reason to know of misappropriation that renders a
prohibitive injunction inequitable.
(c)
In appropriate circumstances, affirmative acts to protect a trade secret
may be compelled by court order.
§ 4603.
DAMAGES
(a)(1)
Except to the extent that a material and prejudicial change of position
prior to acquiring knowledge or reason to know of misappropriation renders a
monetary recovery inequitable, a complainant is entitled to recover damages
for misappropriation.
(2)
Damages
can
include
both
the
actual
loss
caused
by
misappropriation and the unjust enrichment caused by misappropriation that is
not taken into account in computing actual loss.
(3)
In lieu of damages measured by any other methods, the damages
caused by misappropriation may be measured by imposition of liability for a
reasonable royalty for a misappropriator’s unauthorized disclosure or use of a
trade secret.
(4)
A court shall award a substantially prevailing party his or her costs
and fees, including reasonable attorney’s fees, in an action brought pursuant to
this chapter.
(b)
If malicious misappropriation exists, the court may award punitive
damages.
§ 4605.
PRESERVATION OF SECRECY
In an action under this chapter, a court shall preserve the secrecy of an
alleged
trade
secret
by
reasonable
means,
which
may
include
granting
protective orders in connection with discovery proceedings, holding in-camera
hearings, sealing the records of the action, and ordering any person involved in
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the litigation not to disclose an alleged trade secret without prior court
approval.
§ 4607.
EFFECT ON OTHER LAW
(a)
Except as provided in subsection (b) of this section, this chapter
displaces conflicting tort, restitutionary, and any other law of this state
providing civil remedies for misappropriation of a trade secret.
(b)
This chapter does not affect:
(1)
contractual remedies, whether or not based upon misappropriation of
a trade secret;
(2)
other civil remedies that are not based upon misappropriation of a
trade secret; or
(3)
criminal remedies, whether or not based upon misappropriation of a
trade secret.
* * *
* * * Intellectual Property; Businesses and Government Contracting * * *
Sec. 12.
3 V.S.A. § 346 is added to read:
§
346.
STATE
CONTRACTING;
INTELLECTUAL
PROPERTY,
SOFTWARE DESIGN, AND INFORMATION TECHNOLOGY
(a)
The Secretary of Administration shall include in Administrative
Bulletin 3.5 a policy direction applicable to State procurement contracts that
include services for the development of software applications, computer
coding, or other intellectual property, which would allow the State of Vermont
to grant permission to the contractor to use or own the intellectual property
created under the contract for the contractor’s commercial purposes.
(b)
The Secretary may recommend contract provisions that authorize the
State to negotiate with a contractor to secure license terms and license fees,
royalty rights, or other payment mechanism for the contractor’s commercial
use of intellectual property developed under a State contract.
(c)
If the Secretary authorizes a contractor to own intellectual property
developed under a State contract, the Secretary may recommend language to
ensure the State retains a perpetual, irrevocable, royalty-free, and fully paid
right to continue to use the intellectual property.
* * * Department of Financial Regulation * * *
Sec. 13.
SMALL BUSINESS ACCESS TO CAPITAL
(a)
Crowdfunding Study.
The Department of Financial Regulation shall
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study the opportunities and limitations for crowdfunding to increase access to
capital for Vermont’s small businesses.
On or before January 15, 2015, the
Department shall report its findings and recommendations to the House
Committee
on
Commerce
and
Economic
Development
and
the
Senate
Committee on Economic Development, Housing and General Affairs.
(b)
Small business issuer education and outreach.
On or before January 15,
2015, the Department of Financial Regulation shall conduct at least two
educational
events
to
inform
the
legal,
small
business,
and
investor
communities and other interested parties, of opportunities for small businesses
to access capital in Vermont, including, the Vermont Small Business Offering
Exemption regulation and other securities registration exemptions.
(c)
Vermont Small Business Offering Exemption.
The Commissioner of
Financial Regulation shall exercise his or her rulemaking authority under
9 V.S.A. chapter 150 to review and revise the Vermont Small Business
Offering Exemption and any other state securities exemptions, specifically
including those designed to complement exemptions from federal registration
requirements available under Regulation D, in order to recognize and reflect
the evolution of capital markets and to ensure that Vermont remains current
and competitive in its securities regulations, particularly with respect to access
to capital for small businesses.
Sec. 14.
STUDY; DEPARTMENT OF FINANCIAL REGULATION;
LICENSED LENDER REQUIREMENTS; COMMERCIAL
LENDERS
On or before January 15, 2015, the Department of Financial Regulation
shall solicit public comment on, evaluate, and report to the House Committee
on Commerce and Economic Development and to the Senate Committees on
Finance and on Economic Development, Housing and General Affairs any
statutory and regulatory changes to the State’s licensed lender requirements
that are necessary to open private capital markets and remove unnecessary
barriers to business investment in Vermont.
* * * Licensed Lender Requirements; Exemption for De Minimis
Lending Activity * * *
Sec. 15.
8 V.S.A. § 2201 is amended to read:
2201.
LICENSES REQUIRED
(a)
No person shall without first obtaining a license under this chapter from
the commissioner Commissioner:
(1)
engage in the business of making loans of money, credit, goods, or
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things in action and charge, contract for, or receive on any such loan interest, a
finance charge, discount, or consideration therefore therefor;
(2)
act as a mortgage broker;
(3)
engage in the business of a mortgage loan originator; or
(4)
act as a sales finance company.
(b)
Each licensed mortgage loan originator must register with and maintain
a valid unique identifier with the Nationwide Mortgage Licensing System and
Registry and must be either:
(1)
an employee actively employed at a licensed location of, and
supervised and sponsored by, only one licensed lender or licensed mortgage
broker operating in this state State;
(2)
an individual sole proprietor who is also a licensed lender or licensed
mortgage broker; or
(3)
an employee engaged in loan modifications employed at a licensed
location of, and supervised and sponsored by, only one third-party loan
servicer licensed to operate in this state State pursuant to chapter 85 of this
title.
For purposes of As used in this subsection, “loan modification” means an
adjustment or compromise of an existing residential mortgage loan.
The term
“loan modification” does not include a refinancing transaction.
(c)
A person licensed pursuant to subdivision (a)(1) of this section may
engage in mortgage brokerage and sales finance if such person informs the
commissioner Commissioner in advance that he or she intends to engage in
sales
finance
and
mortgage
brokerage.
Such
person
shall
inform
the
commissioner Commissioner of his or her intention on the original license
application under section 2202 of this title, any renewal application under
section 2209 of this title, or pursuant to section 2208 of this title, and shall pay
the applicable fees required by subsection 2202(b) of this title for a mortgage
broker license or sales finance company license.
(d)
No lender license, mortgage broker license, or sales finance company
license shall be required of:
(1)
a state State agency,
political
subdivision,
or
other
public
instrumentality of the state State;
(2)
a federal agency or other public instrumentality of the United States;
(3)
a gas or electric utility subject to the jurisdiction of the public service
board Public Service Board engaging in energy conservation or safety loans;
(4)
a depository institution or a financial institution as defined in
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(5)
a pawnbroker;
(6)
an insurance company;
(7)
a seller of goods or services that finances the sale of such goods or
services, other than a residential mortgage loan;
(8)
any individual who offers or negotiates the terms of a residential
mortgage loan secured by a dwelling that served as the individual’s residence,
including a vacation home, or inherited property that served as the deceased’s
dwelling, provided that the individual does not act as a mortgage loan
originator or provide financing for such sales so frequently and under such
circumstances that it constitutes a habitual activity and acting in a commercial
context;
(9)
lenders that conduct their lending activities, other than residential
mortgage loan activities, through revolving loan funds, that are nonprofit
organizations exempt from taxation under Section 501(c) of the Internal
Revenue Code, 26 U.S.C. § 501(c), and that register with the commissioner of
economic
development Commissioner
of
Economic
Development under
(10)
persons who lend, other than residential mortgage loans, an
aggregate of less than $75,000.00 in any one year at rates of interest of no
more than 12 percent per annum;
(11)
a seller who, pursuant to 9 V.S.A. § 2355(f)(1)(D), includes the
amount paid or to be paid by the seller to discharge a security interest, lien
interest, or lease interest on the traded-in motor vehicle in a motor vehicle
retail installment sales contract, provided that the contract is purchased,
assigned, or otherwise acquired by a sales finance company licensed pursuant
to this title to purchase motor vehicle retail installment sales contracts or a
depository institution;
(12)(A)
a person making an unsecured commercial loan, which loan is
expressly subordinate to the prior payment of all senior indebtedness of the
commercial borrower regardless of whether such senior indebtedness exists at
the time of the loan or arises thereafter.
The loan may or may not include the
right to convert all or a portion of the amount due on the loan to an equity
interest in the commercial borrower;
(B)
for purposes of as used in this subdivision (12), “senior
indebtedness” means:
(i)
all indebtedness of the commercial borrower for money
borrowed from depository institutions, trust companies, insurance companies,
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and licensed lenders, and any guarantee thereof; and
(ii)
any other indebtedness of the commercial borrower that the
lender and the commercial borrower agree shall constitute senior indebtedness;
(13)
nonprofit organizations established under testamentary instruments,
exempt from taxation under Section 501(c)(3) of the Internal Revenue Code,
26 U.S.C. § 501(c)(3), and which make loans for postsecondary educational
costs to students and their parents, provided that the organizations provide
annual accountings to the Probate Division of the Superior Court;
(14)
any individual who offers or negotiates terms of a residential
mortgage loan with or on behalf of an immediate family member of the
individual;
(15)
a housing finance agency;
(16)
a person who makes no more than three mortgage loans in any
consecutive three-year period beginning on or after July 1, 2011.
(e)
No mortgage loan originator license shall be required of:
(1)
Registered mortgage loan originators, when employed by and acting
for an entity described in subdivision 2200(22) of this chapter.
(2)
Any individual who offers or negotiates terms of a residential
mortgage loan with or on behalf of an immediate family member of the
individual.
(3)
Any individual who offers or negotiates terms of a residential
mortgage loan secured by a dwelling that served as the individual’s residence,
including a vacation home, or inherited property that served as the deceased’s
dwelling, provided that the individual does not act as a mortgage loan
originator or provide financing for such sales so frequently and under such
circumstances that it constitutes a habitual activity and acting in a commercial
context.
(4)
An individual who is an employee of a federal, state State, or local
government agency, or an employee of a housing finance agency, who acts as a
mortgage loan originator only pursuant to his or her official duties as an
employee of the federal, state State, or local government agency or housing
finance agency.
(5)
A licensed attorney who negotiates the terms of a residential
mortgage loan on behalf of a client as an ancillary matter to the attorney’s
representation of the client, unless the attorney is compensated by a lender, a
mortgage broker, or other mortgage loan originator or by any agent of such
lender, mortgage broker, or other mortgage loan originator.
To the extent an
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attorney licensed in this State undertakes activities that are covered by the
definition of a mortgage loan originator, such activities do not constitute
engaging in the business of a mortgage loan originator, provided that:
(A)
such activities are considered by the State governing body
responsible for regulating the practice of law to be part of the authorized
practice of law within this State;
(B)
such
activities are
carried
out
within
an
attorney-client
relationship; and
(C)
the attorney carries them out in compliance with all applicable
laws, rules, ethics, and standards.
(6)
A person who makes no more than three mortgage loans in any
consecutive three-year period beginning on or after July 1, 2011
(f)
If a person who offers or negotiates the terms of a mortgage loan is
exempt from licensure pursuant to subdivision (d)(16) or (e)(6) of this section,
there is a rebuttable presumption that he or she is not engaged in the business
of making loans or being a mortgage loan originator.
(g)
Independent contractor loan processors or underwriters.
A loan
processor or underwriter who is an independent contractor may not engage in
the activities of a loan processor or underwriter unless such independent
contractor loan processor or underwriter obtains and maintains a mortgage loan
originator license.
Each independent contractor loan processor or underwriter
licensed as a mortgage loan originator must have and maintain a valid unique
identifier issued by the Nationwide Mortgage Licensing System and Registry.
(g)(h)
This chapter shall not apply to commercial loans of $1,000,000.00 or
more.
* * * Vermont State Treasurer; Credit Facilities; 10% for Vermont * * *
Sec. 16. 2013 Acts and Resolves No. 87, Sec. 8 is amended to read:
Sec. 8.
INVESTMENT OF STATE MONIES
The Treasurer is hereby authorized to establish a short-term credit facility
for the benefit of the Vermont Economic Development Authority in an amount
of up to $10,000,000.00.
Sec. 17.
VERMONT STATE TREASURER; CREDIT FACILITY FOR
LOCAL INVESTMENTS
(a)
Notwithstanding any other provision of law to the contrary, the
Vermont State Treasurer shall have the authority to establish a credit facility of
up to 10 percent of the State’s average cash balance on terms acceptable to the
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Treasurer consistent with the provisions of the Uniform Prudent Investor Act,
14A V.S.A. chapter 9.
(b)
The amount authorized in subsection (a) of this section shall include all
credit facilities authorized by the General Assembly and established by the
Treasurer prior to or subsequent to the effective date of this section, and the
renewal or replacement of those credit facilities.
Sec. 18.
TREASURER’S LOCAL INVESTMENT ADVISORY
COMMITTEE; REPORT
(a)
Creation of committee.
The Treasurer’s Local Investment Advisory
Committee is established to:
(1)
advise the Treasurer on funding priorities for credit facilities
authorized by current law; and
(2)
address other mechanisms to increase local investment.
(b)
Membership.
(1)
The Committee shall be composed of the following members:
(A)
the State Treasurer or designee, who shall serve as Chair of the
Committee;
(B)
the Commissioner of Financial Regulation or designee;
(C)
the Secretary of Commerce and Community Development or
designee;
(D)
a senior officer of a Vermont bank, who shall be appointed by the
Governor;
(E)
a member of the public, who shall be appointed by the Speaker of
the House;
(F)
a member of the public, who shall be appointed by the President
Pro Tempore of the Senate;
(G)
the executive director of a Vermont nonprofit organization that,
as part of its mission, directly lends or services loans or other similar
obligations, who shall be appointed by the Governor; and
(H)
the manager of the Vermont Economic Development Authority
or designee.
(I)
the executive director of the Vermont Housing Finance Agency or
designee;
(J)
the President of the Vermont Student Assistance Corporation or
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designee; and
(K)
the executive director of the Vermont Municipal Bond Bank or
designee.
(2)
The State Treasurer shall be the Chair of the Advisory Committee
and shall appoint a vice chair and secretary.
The appointed members of the
Advisory Committee shall be appointed for terms of six years and shall serve
until their successors are appointed and qualified.
(c)
Powers and duties.
The Advisory Committee shall:
(1)
meet regularly to review and make recommendations to the State
Treasurer on funding priorities and using other mechanisms to increase local
investment in the State of Vermont;
(2)
invite regularly State organizations and citizens groups to Advisory
Committee meetings to present information on needs for local investment,
capital gaps, and proposals for financing; and
(3)
consult with constituents and review feedback on changes and needs
in the local and State investment and financing environments.
(d)
Meetings.
(1)
Meetings of the Advisory Committee shall occur at the call of the
Treasurer.
(2)
A majority of the members of the Advisory Committee who are
physically present at the same location or available electronically shall
constitute a quorum, and a member may participate and vote electronically.
(3)
To be effective action of the Advisory Committee shall be taken by
majority vote of the members at a meeting in which a quorum is present.
(e)
Report.
On or before January 15, 2015, and annually thereafter, the
Advisory Committee shall submit a report to the Senate Committees on
Finance and on Government Operations and the House Committees on Ways
and Means and on Government Operations.
The report shall include the
following:
(1)
the amount of the subsidies associated with lending through each
credit facility authorized by the General Assembly and established by the
Treasurer;
(2)
a description of the Advisory Committee’s activities; and
(3)
any information gathered by the Advisory Committee on the State’s
unmet capital needs, and other opportunities for State support for local
investment and the community.
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Sec. 18a.
SUNSET
Secs. 17-18 of this Act shall be repealed on July 1, 2015.
Sec. 19.
9 V.S.A. § 2481w is amended to read:
§ 2481W.
UNLICENSED LOAN TRANSACTIONS
(a)
In this subchapter:
(1)
“Financial account” means a checking, savings, share, stored value,
prepaid, payroll card, or other depository account.
(2)
“Lender” means a person engaged in the business of making loans of
money, credit, goods, or things in action and charging, contracting for, or
receiving
on
any
such
loan interest,
a
finance
charge,
a
discount,
or
consideration.
(3)
“Process” or “processing” includes printing a check, draft, or other
form of negotiable instrument drawn on or debited against a consumer’s
financial account, formatting or transferring data for use in connection with the
debiting of a consumer’s financial account by means of such an instrument or
an electronic funds transfer, or arranging for such services to be provided to a
lender.
(4)
“Processor” means a person who engages in processing, as defined
in subdivision (3) of this subsection.
In this section “processor” does not
include an interbank clearinghouse.
(5)
“Interbank clearinghouse” means a person that operates an exchange
of automated clearinghouse items, checks, or check images solely between
insured depository institutions.
(b)
It is an unfair and deceptive act and practice in commerce for a lender
directly or through an agent to solicit or make a loan to a consumer by any
means unless the lender is in compliance with all provisions of 8 V.S.A.
or
is
otherwise
exempt
from
the
requirements
of
8 V.S.A.
(c)
It is an unfair and deceptive act and practice in commerce for a
processor, other than a federally insured depository institution, to process a
check, draft, other form of negotiable instrument, or an electronic funds
transfer from a consumer’s financial account in connection with a loan
solicited or made by any means to a consumer unless the lender is in
compliance with all provisions of 8 V.S.A. chapter 73 or is otherwise exempt
from the requirements of 8 V.S.A. chapter 73.
(d)
It is an unfair and deceptive act and practice in commerce for any
person, including the lender’s financial institution as defined in 8 V.S.A.
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§ 10202(5), but not including the consumer’s financial institution as defined in
8 V.S.A. § 10202(5) or an interbank clearinghouse as defined in subsection (a)
of this section, to provide substantial assistance to a lender or processor when
the person or the person’s authorized agent receives notice from a regulatory,
law enforcement, or similar governmental authority, or knows from its normal
monitoring and compliance systems, or consciously avoids knowing that the
lender or processor is in violation of subsection (b) or (c) of this section, or is
engaging in an unfair or deceptive act or practice in commerce.
Sec. 20.
30 V.S.A. § 248a is amended to read:
§ 248a.
CERTIFICATE OF PUBLIC GOOD FOR COMMUNICATIONS
FACILITIES
* * *
(b)
Definitions.
For the purposes of As used in this section:
* * *
(4)
“Telecommunications facility” means a communications facility that
transmits and receives signals to and from a local, State, national, or
international
network
used
primarily
for
two-way
communications
for
commercial,
industrial,
municipal,
county,
or
State
purposes
and
any
associated support structure that is proposed for construction or installation
which
is
primarily
for
communications
purposes,
and
any
ancillary
improvements that are proposed for construction or installation and are
primarily intended to serve the communications facilities or support structure.
An
applicant
may
seek
approval
of
construction
or
installation
of
a
telecommunications facility whether or not the telecommunications facility is
attached to an existing structure.
(5)
“Wireless service” means any commercial mobile radio service,
wireless service, common carrier wireless exchange service, cellular service,
personal communications service (PCS), specialized mobile radio service,
paging service, wireless data service, or public or private radio dispatch
service.
* * *
(c)
Findings.
Before the Public Service Board issues a certificate of public
good under this section, it shall find that:
(1)
The proposed facility will not have an undue adverse effect on
aesthetics, historic sites, air and water purity, the natural environment, and the
public health and safety, and the public’s use and enjoyment of the I-89 and
I-91 scenic corridors or of any highway that has been designated as a scenic
road pursuant to 19 V.S.A. § 2501 or a scenic byway pursuant to 23 U.S.C.
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§ 162, with due consideration having been given to the relevant criteria
specified in 10 V.S.A. §§ 1424a(d) and 6086(a)(1) through (8) and (9)(K).
However, with respect to telecommunications facilities of limited size and
scope, the Board shall waive all criteria of this subdivision other than
10 V.S.A. § 6086(a)(1)(D)(floodways) and (a)(8)(aesthetics, scenic beauty,
historic
sites,
rare
and
irreplaceable
natural
areas;
endangered
species;
necessary wildlife habitat).
Such waiver shall be on condition that:
(A)
The the Board may determine, pursuant to the procedures
described in subdivision (j)(2)(A) of this section, that a petition raises a
significant issue with respect to any criterion of this subdivision; and
(B)
A a telecommunications facility of limited size and scope shall
comply, at a minimum, with the requirements of the Low Risk Site Handbook
for Erosion Prevention and Sediment Control issued by the Department of
Environmental Conservation, regardless of any provisions in that handbook
that limit its applicability.
(2)
Unless there is good cause to find otherwise, substantial deference
has been given to the land conservation measures in the plans of the affected
municipalities and the recommendations of the municipal legislative bodies
and the municipal and regional planning commissions regarding the municipal
and regional plans, respectively.
Nothing in this section or other provision of
law shall prevent a municipal body from basing its recommendations on an
ordinance adopted under 24 V.S.A. § 2291(19) or bylaw adopted under
24 V.S.A. chapter 117 by the municipality in which the facility is located.
A
rebuttable presumption respecting compliance with the applicable plan shall be
created by a letter from an affected municipal legislative body or municipal
planning commission concerning compliance with the municipal plan and by a
letter from a regional planning commission concerning compliance with the
regional plan.
(3)
If the proposed facility relates to the provision of wireless service, the
proposed facility reasonably cannot be collocated on or at an
existing
telecommunications facility, or such collocation would cause an undue adverse
effect on aesthetics.
* * *
(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
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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.
(1)
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 will not unduly delay consideration of the merits and that
additional notice is necessary for fair consideration of the application.
(2)
On the request of the municipal legislative body or the planning
commission, the applicant shall attend a public meeting with the municipal
legislative body or planning commission, or both, within the 45-day notice
period before filing an application for a certificate of public good.
The
Department of Public Service shall attend the public meeting on the request of
the municipality.
The Department shall consider the comments made and
information obtained at the meeting in making recommendations to the Board
on the application and in determining whether to retain additional personnel
under subsection (o) of this section.
* * *
(i)
Sunset of Board authority.
Effective on July 1, 2014 2017, no new
applications
for
certificates
of
public
good
under
this
section
may
be
considered by the Board.
* * *
(m) Municipal bodies; participation. The legislative body and the planning
commission for the municipality in which a telecommunications facility is
located shall have the right to appear and participate on any application under
this section seeking a certificate of public good for the facility.
(n)
Municipal recommendations.
The Board shall consider the comments
and
recommendations
submitted
by
the
municipal
legislative
body
and
planning commission.
The Board’s decision to issue or deny a certificate of
public good shall include a detailed written response to each recommendation
of the municipal legislative body and planning commission.
(o)
Retention; experts.
The Department of Public Service may retain
experts and other personnel as identified in section 20 of this title to provide
information essential to a full consideration of an application for a certificate
of public good under this section.
The Department may allocate the expenses
incurred in retaining these personnel to the applicant in accordance with
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section 21 of this title.
The Department may commence retention of these
personnel once the applicant has filed the 45-day notice under subsection (e) of
this section.
A municipal legislative body or planning commission may
request that the Department retain these personnel.
Granting such a request
shall not oblige the Department or the personnel it retains to agree with the
position of the municipality.
(p)
Review process; guide.
The Department of Public Service, in
consultation with the Board, shall create, maintain, and make available to the
public a guide to the process of reviewing telecommunications facilities under
this section for use by local governments and regional planning commissions
and members of the public who seek to participate in the process. On or before
September 1, 2014, the Department shall complete the creation of this guide
and make it publically available.
Sec. 20a.
PUBLIC SERVICE BOARD; ORDER REVISION
The Public Service Board (the Board) shall define the terms “good cause”
and “substantial deference” for the purpose of 30 V.S.A. § 248a(c)(2) in
accordance with the following process:
(1)
Within 30 days of the effective date of this section, the Board shall
provide
direct
notice
to
each
municipal
legislative
body
and
planning
commission, the Vermont League of Cities and Towns, the Department of
Public Service, and such other persons as the Board considers appropriate, that
it will be amending its procedures order issued under 30 V.S.A. § 248a(1) to
include definitions of these terms.
The notice shall provide an opportunity for
submission of comments and recommendations and include the date and time
of the workshop to be held.
(2)
Within 60 days of giving notice under subdivision (1) of this section,
the Board shall amend its procedures order to include definitions of these
terms.
Sec. 20b.
REPORT; TELECOMMUNICATIONS FACILITY REVIEW
PROCESS
On or before October 1, 2015, the Department of Public Service shall
submit to the House Committee on Commerce and Economic Development
and
the
Senate
Committee
on
Finance
a
report
assessing
the
telecommunications facility review process under 30 V.S.A § 248a.
The report
shall include the number of applications for the construction or installation of
telecommunications facilities filed with the Board, the number of applications
for which a certificate of public good was granted, the number of applications
for which notice was filed but were then withdrawn, and the number of times
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the Department used its authority under 30 V.S.A. § 248(o) to allocate
expenses incurred in retaining expert personnel to the applicant, during the
year ending August 31, 2015.
Sec. 20c.
10 V.S.A. § 1264(j) is amended to read:
(j)
Notwithstanding any other provision of law, if an application to
discharge stormwater runoff pertains to a telecommunications facility as
defined in 30 V.S.A. § 248a and is filed before July 1, 2014 2017 and the
discharge will be to a water that is not principally impaired by stormwater
runoff:
(1)
The Secretary shall issue a decision on the application within
40 days of the date the Secretary determines the application to be complete, if
the application seeks authorization under a general permit.
(2)
The Secretary shall issue a decision on the application within
60 days of the date the Secretary determines the application to be complete, if
the application seeks or requires authorization under an individual permit.
Sec. 20d.
10 V.S.A. § 8506 is amended to read:
§ 8506.
RENEWABLE ENERGY PLANT; TELECOMMUNICATIONS
FACILITY; APPEALS
(a)
Within 30 days of the date of the act or decision, any person aggrieved
by an act or decision of the secretary Secretary, under the provisions of law
listed in section 8503 of this title, or any party by right may appeal to the
public service board Public Service Board if the act or decision concerns a
renewable energy plant for which a certificate of public good is required under
30 V.S.A. § 248 or a telecommunications facility for which the applicant has
applied or has served notice under 30 V.S.A. § 248a(e) that it will apply for
approval under 30 V.S.A. § 248a.
This section shall not apply to a facility that
is subject to section 1004 (dams before the Federal Energy Regulatory
Commission) or 1006 (certification of hydroelectric projects) or chapter 43
(dams) of this title.
This section shall not apply to an appeal of an act or
decision of the secretary regarding a telecommunications facility made on or
after July 1, 2014 2017.
* * *
Sec. 20e.
REPEAL
2011 Acts and Resolves No. 53, Sec. 14d (repeal of limitations on
municipal
bylaws;
municipal
ordinances;
wireless
telecommunications
facilities) is repealed.
Sec. 20f.
3 V.S.A. § 2809 is amended to read:
- 2172 -
§ 2809.
REIMBURSEMENT OF AGENCY COSTS
(a)(1)
The Secretary may require an applicant for a permit, license,
certification, or order issued under a program that the Secretary enforces under
10 V.S.A. § 8003(a) to pay for the cost of research, scientific, programmatic,
or engineering expertise provided by the Agency of Natural Resources,
provided that the following apply:
(A)
the The Secretary does not have such expertise or services and
such expertise is required for the processing of the application for the permit,
license, certification, or order; or.
(B)
the The Secretary does have such expertise but has made a
determination that it is beyond the agency’s Agency’s internal capacity to
effectively utilize that expertise to process the application for the permit,
license, certification, or order.
In addition, the Secretary shall determine that
such expertise is required for the processing of the application for the permit,
license, certification, or order.
(2)
The Secretary may require an applicant under 10 V.S.A. chapter 151
to pay for the time of Agency of Natural Resources personnel providing
research, scientific, or engineering services or for the cost of expert witnesses
when agency Agency personnel or expert witnesses are required for the
processing of the permit application.
(3)
In addition to the authority set forth under 10 V.S.A. chapters 59 and
159 and § section 1283, the Secretary may require a person who caused the
agency Agency to incur expenditures or a person in violation of a permit,
license, certification, or order issued by the Secretary to pay for the time of
agency Agency personnel
or
the
cost
of
other
research,
scientific,
or
engineering services incurred by the agency Agency in response to a threat to
public health or the environment presented by an emergency or exigent
circumstance.
* * *
(g)
Concerning an application for a permit to discharge stormwater runoff
from a telecommunications facility as defined in 30 V.S.A. § 248a that is filed
before July 1, 2014 2017:
(1)
Under subdivision (a)(1) of this section, the agency Agency shall not
require an applicant to pay more than $10,000.00 with respect to a facility.
(2)
The provisions of subsection (c) (mandatory meeting) of this section
shall not apply.
Sec. 21.
JFO ACCD DEMOGRAPHIC STUDY
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The Agency of Commerce and Community Development, with consultation
and review by the legislative economist and the Joint Fiscal Office, shall
conduct an economic impact analysis, including study of demographic and
infrastructure
impacts
associated
with
recently
announced
development
projects in the Northeast Kingdom of Vermont, and shall submit its findings to
the House Committee on Commerce and Community Development, the Senate
Committee on Economic Development, Housing and General Affairs, and the
Joint Fiscal Committee on or before December 1, 2014.
* * * Tourism Funding; Study * * *
Sec. 22.
TOURISM FUNDING; PILOT PROJECT STUDY
On or before January 15, 2015, the Secretary of Commerce and Community
Development shall submit to the House Committee on Commerce and
Economic
Development
and
the
Senate
Committee
on
Economic
Development, Housing and General Affairs a report that analyzes the results of
the performance-based funding pilot project for the Department of Tourism
and Marketing and recommends appropriate legislative or administrative
changes to the funding mechanism for tourism and marketing programs.
* * * Land Use; Housing; Industrial Development * * *
Sec. 23.
10 V.S.A. chapter 12 is amended to read:
CHAPTER 12:
VERMONT ECONOMIC DEVELOPMENT AUTHORITY
* * *
§ 212.
DEFINITIONS
As used in this chapter:
* * *
(6)
“Eligible facility” or “eligible project” means any industrial,
commercial, or agricultural enterprise or endeavor approved by the authority
that meets the criteria established in the Vermont Sustainable Jobs Strategy
adopted by the Governor under section 280b of this title, including land and
rights in land, air, or water, buildings, structures, machinery, and equipment of
such eligible facilities or eligible projects, except that an eligible facility or
project shall not include the portion of an enterprise or endeavor relating to the
sale of goods at retail where such goods are manufactured primarily out of
state, and except further that an eligible facility or project shall not include the
portion of an enterprise or endeavor relating to housing. Such enterprises or
endeavors may include:
* * *
- 2174 -
(M)
Sustainably Priced Energy Enterprise Development (SPEED)
resources, as defined in 30 V.S.A. § 8002; or
(N)
any combination of the foregoing activities, uses, or purposes.
An eligible facility may include structures, appurtenances incidental to the
foregoing such as utility lines, storage accommodations, offices, dependent
care facilities, or transportation facilities; or
(O)
industrial park planning, development, or improvement.
* * *
§ 261.
ADDITIONAL POWERS
In addition to powers enumerated elsewhere in this chapter, the authority
may:
* * *
(6)
provide loans and assistance under this subchapter for the planning,
development, or improvement of an industrial park or an eligible project within
an industrial park.
Sec. 24.
10 V.S.A. § 6001(35) is added to read:
(35)
“Industrial park” means an area of land permitted under this chapter
that is planned, designed, and zoned as a location for one or more industrial
buildings, that includes adequate access roads, utilities, water, sewer, and other
services necessary for the uses of the industrial buildings, and includes no
retail use except that which is incidental to an industrial use, and no office use
except that which is incidental or secondary to an industrial use.
Sec. 25.
REVIEW OF MASTER PLAN POLICY
On or before January 1, 2015, the Natural Resources Board shall review its
master plan policy and commence the policy’s adoption as a rule.
The
proposed rule shall include provisions for efficient master plan permitting and
master plan permit amendments for industrial parks.
The Board shall consult
with affected parties when developing the proposed rule.
* * * Primary Agricultural Soils; Industrial Parks * * *
Sec. 26.
10 V.S.A. § 6093(a)(4) is amended to read:
(4)
Industrial parks.
(A)
Notwithstanding any provision of this chapter to the contrary, a
conversion of primary agricultural soils located in an industrial park as defined
in subdivision 212(7) of this title and permitted under this chapter and in
existence as of January 1, 2006, shall be allowed to pay a mitigation fee
- 2175 -
computed according to the provisions of subdivision (1) of this subsection,
except that it shall be entitled to a ratio of 1:1, protected acres to acres of
affected primary agricultural soil.
If an industrial park is developed to the
fullest extent before any expansion, this ratio shall apply to any contiguous
expansion of such an industrial park that totals no more than 25 percent of the
area of the park or no more than 10 acres, whichever is larger; provided any
expansion based on percentage does not exceed 50 acres.
Any expansion
larger than that described in this subdivision shall be subject to the mitigation
provisions of this subsection at ratios that depend upon the location of the
expansion.
(B)
In any application to a district commission for expansion of
District Commission to amend a permit for an existing industrial park, compact
development patterns shall be encouraged that assure the most efficient and
full use of land and the realization of maximum economic development
potential through appropriate densities shall be allowed consistent with all
applicable
criteria
of
subsection
6086(a)
of
this
title.
Industrial
park
expansions and industrial park infill shall not be subject to requirements
established in subdivision 6086(a)(9)(B)(iii) of this title, nor to requirements
established in subdivision 6086(a)(9)(C)(iii).
* * * Affordable Housing * * *
Sec. 27.
10 V.S.A. § 6001 is amended to read:
§ 6001.
DEFINITIONS
In this chapter:
* * *
(3)(A)
“Development” means each of the following:
* * *
(iv)
The construction of housing projects such as cooperatives,
condominiums, or dwellings, or construction or maintenance of mobile homes
or trailer mobile home parks, with 10 or more units, constructed or maintained
on a tract or tracts of land, owned or controlled by a person, within a radius of
five miles of any point on any involved land, and within any continuous period
of five years.
However:
(I)
A priority housing project shall constitute a development
under this subdivision (iv) only if the number of housing units in the project is:
(aa)
275 or more, in a municipality with a population of
15,000 or more;
(bb)
150 or more, in a municipality with a population of
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10,000 or more but less than 15,000;
(cc)
75 or more, in a municipality with a population of 6,000
or more but less than 10,000.
(dd)
50 or more, in a municipality with a population of
3,000 or more but less than 6,000;
(ee)
25 or more, in a municipality with a population of less
than 3,000; and
(ff)
notwithstanding subdivisions (aa) through (ee) of this
subdivision (iv)(I), 10 or more if the construction involves the demolition of
one or more buildings that are listed on or eligible to be listed on the State or
National Register of Historic Places.
However, demolition shall not be
considered to create jurisdiction under this subdivision if the Division for
Historic Preservation has determined the proposed demolition will have no
adverse effect; no adverse effect provided that specified conditions are met; or
will have an adverse effect but that adverse effect will be adequately mitigated.
Any imposed conditions shall be enforceable through a grant condition, deed
covenant, or other legally binding document.
(II)
The determination of jurisdiction over a priority housing
project shall count only the housing units included in that discrete project.
(III)
Housing units in a priority housing project shall not count
toward determining jurisdiction over any other project.
* * *
(B)(i)
Smart Growth Jurisdictional Thresholds.
Notwithstanding the
provisions
of
subdivision
(3)(A)
of
this
section,
if
a
project
consists
exclusively of mixed income housing or mixed use, or any combination
thereof, and is located entirely within a growth center designated pursuant to
24
V.S.A.
2793c
or, entirely
within
a
downtown
development
district
designated pursuant to 24 V.S.A. § 2793, “development” means:
(I)
Construction of mixed income housing with 200
or more
housing units or a mixed use project with 200 or more housing units, in a
municipality with a population of 15,000 or more.
(II)
Construction of mixed income housing with 100
or more
housing units or a mixed use project with 100
or more housing units, in a
municipality with a population of 10,000 or more but less than 15,000.
(III)
Construction of mixed income housing with 50
or more
housing units or a mixed use project with 50 or more housing units, in a
municipality with a population of 6,000 or more and less than 10,000.
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(IV)
Construction of mixed income housing with 30 or more
housing units or a mixed use project with 30
or more housing units, in a
municipality with a population of 3,000 or more but less than 6,000.
(V)
Construction of mixed income housing with 25 or more
housing units or a mixed use project with 25 or more housing units, in a
municipality with a population of less than 3,000.
(VI)
Historic Buildings.
Construction of 10 or more units of
mixed income housing or a mixed use project with 10 or more housing units
where if the construction involves the demolition of one or more buildings that
are listed on or eligible to be listed on the State or National Register of Historic
Places.
However, demolition shall not be considered to create jurisdiction
under this subdivision if the Division for Historic Preservation has determined
the proposed demolition will have:
no adverse effect; no adverse effect
provided that specified conditions are met; or, will have an adverse effect, but
that adverse effect will be adequately mitigated.
Any imposed conditions shall
be enforceable through a grant condition, deed covenant, or other legally
binding document.
(ii)
Mixed
Income
Housing
Jurisdictional
Thresholds.
Notwithstanding the provisions of subdivision (3)(A) of this section, if a
project consists exclusively of mixed income housing and is located entirely
within a Vermont neighborhood designated pursuant to 24 V.S.A. § 2793d or a
neighborhood
development
area
as
defined
in
24
V.S.A.
§
2791(16),
“development” means:
(I)
Construction of mixed income housing with 200
or more
housing units, in a municipality with a population of 15,000 or more.
(II)
Construction of mixed income housing with 100
or more
housing units, in a municipality with a population of 10,000 or more but less
than 15,000.
(III)
Construction of mixed income housing with 50
or more
housing units, in a municipality with a population of 6,000 or more and less
than 10,000.
(IV)
Construction of mixed income housing with 30 or more
housing units, in a municipality with a population of 3,000 or more but less
than 6,000.
(V)
Construction of mixed income housing with 25 or more
housing units, in a municipality with a population of less than 3,000.
(VI)
Historic Buildings.
Construction of 10 or more units of
mixed income housing where the construction involves the demolition of one
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or more buildings that are listed on or eligible to be listed on the State or
National Register of Historic Places.
However, demolition shall not be
considered to create jurisdiction under this subdivision if the Division for
Historic Preservation has determined the proposed demolition will have:
no
adverse effect; no adverse effect provided that specified conditions are met; or
will have an adverse effect, but that adverse effect will be adequately
mitigated.
Any imposed conditions shall be enforceable through a grant
condition, deed covenant, or other legally binding document.
[Repealed.]
(C)
For the purposes of determining jurisdiction under subdivisions
subdivision (3)(A) and (3)(B) of this section, the following shall apply:
(i)
Incentive
for
Growth
Inside
Designated
Areas.
Notwithstanding
subdivision
(3)(A)(iv)
of
this
section,
housing
units
constructed by a person partially or completely outside a designated downtown
development
district,
designated
growth
center,
designated
Vermont
neighborhood, or designated neighborhood development area shall not be
counted to determine jurisdiction over housing units constructed by that person
entirely
within
a
designated
downtown
development
district,
designated
growth center, designated Vermont neighborhood, or designated neighborhood
development area.
[Repealed.]
(ii)
Five-Year, Five-Mile Radius Jurisdiction Analysis.
Within
any continuous period of five years, housing units constructed by a person
entirely within a designated downtown district, designated growth center,
designated Vermont neighborhood, or designated neighborhood development
area shall be counted together with housing units constructed by that person
partially or completely outside a designated downtown development district,
designated growth center, designated Vermont neighborhood, or designated
neighborhood development area to determine jurisdiction over the housing
units constructed by a person partially or completely outside the designated
downtown development district, designated growth center, designated Vermont
neighborhood, or designated neighborhood development area and within a
five-mile radius in accordance with subdivision (3)(A)(iv) of this section.
[Repealed.]
(iii)
Discrete Housing Projects in Designated Areas and Exclusive
Counting for Housing Units.
Notwithstanding subdivisions (3)(A)(iv) and (19)
of this section, jurisdiction shall be determined exclusively by counting
housing
units
constructed
by
a
person
within
a
designated
downtown
development
district,
designated
growth
center,
designated
Vermont
neighborhood, or designated neighborhood development area, provided that
the housing units are part of a discrete project located on a single tract or
multiple contiguous tracts of land.
[Repealed.]
- 2179 -
* * *
(27)
“Mixed income housing” means a housing project in which the
following apply:
(A)
Owner-occupied housing.
At the option of the applicant,
owner-occupied housing may be characterized by either of the following:
(i)
at least 15 percent of the housing units have a purchase price
which at the time of first sale does not exceed 85 percent of the new
construction, targeted area purchase price limits established and published
annually by the Vermont Housing Finance Agency; or
(ii)
at least 20 percent of the housing units have a purchase price
which at the time of first sale does not exceed 90 percent of the new
construction, targeted area purchase price limits established and published
annually by the Vermont Housing Finance Agency;
(B)
Affordable Rental Housing.
At least 20 percent of the housing
units that is are rented by the occupants whose gross annual household income
does not exceed 60 percent of the county median income, or 60
percent of the
standard metropolitan statistical area income if the municipality is located in
such an area, as defined by the United States Department of Housing and
Urban Development for use with the Housing Credit Program under Section
42(g) of the Internal Revenue Code, and the total annual cost of the housing, as
defined at Section 42(g)(2)(B), is not more than 30 percent of the gross annual
household income as defined at Section 42(g)(2)(C), and with constitute
affordable housing and have a duration of affordability of no less than 30
20 years.
(28)
“Mixed use” means construction of both mixed income housing
and construction of space for any combination of retail, office, services,
artisan, and recreational and community facilities, provided at least 40 percent
of the gross floor area of the buildings involved is mixed income housing.
“Mixed use” does not include industrial use.
(29)
“Affordable housing” means either of the following:
(A)
Housing that is owned by its occupants whose gross annual
household income does not exceed 80 percent of the county median income, or
80
percent
of
the
standard
metropolitan
statistical
area
income
if
the
municipality is located in such an area, as defined by the United States
Department of Housing and Urban Development, and the total annual cost of
the housing, including principal, interest, taxes, insurance, and condominium
association fees, is not more than 30 percent of the gross annual household
income.
- 2180 -
(B)
Housing that is rented by the occupants whose gross annual
household income does not exceed 80 percent of the county median income, or
80
percent
of
the
standard
metropolitan
statistical
area
income
if
the
municipality is located in such an area, as defined by the United States
Department of Housing and Urban Development, and the total annual cost of
the housing, including rent, utilities, and condominium association fees, is not
more than 30 percent of the gross annual household income.
* * *
(36)
“Priority housing project” means a discrete project located on a
single tract or multiple contiguous tracts of land that consists exclusively of:
(A)
mixed income housing or mixed use, or any combination thereof,
and is located entirely within a designated downtown development district,
designated growth center, or designated village center that is also a designated
neighborhood development area under 24 V.S.A. chapter 76A; or
(B)
mixed income housing and is located entirely within a designated
Vermont neighborhood or designated neighborhood development area under
* * *
* * * Workforce Education and Training * * *
Sec. 28.
10 V.S.A. chapter 22A is amended to read:
WORKFORCE EDUCATION AND TRAINING
§ 540.
WORKFORCE EDUCATION AND TRAINING LEADER
The Commissioner of Labor shall be the leader of workforce education and
training in the State, and shall have the authority and responsibility for the
coordination of workforce education and training within State government,
including the following duties:
(1)
Perform
the
following
duties
in
consultation
with
the
State
Workforce Investment Board:
(A)
Advise the Governor on the establishment of an integrated
system of workforce education and training for Vermont.
(B)
Create and maintain an inventory of all existing workforce
education and training programs and activities in the State.
(C)
Use data to ensure that State workforce education and training
activities are aligned with the needs of the available workforce, the current and
future job opportunities in the State, and the specific credentials needed to
achieve employment in those jobs.
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(D)
Develop a State plan, as required by federal law, to ensure that
workforce education and training programs and activities in the State serve
Vermont citizens and businesses to the maximum extent possible.
(E)
Ensure coordination and non-duplication of workforce education
and training activities.
(F)
Identify best practices and gaps in the delivery of workforce
education and training programs.
(G)
Design and implement criteria and performance measures for
workforce education and training activities.
(H)
Establish goals for the integrated workforce education and
training system.
(2)
Require from each business, training provider, or program that
receives State funding to conduct workforce education and training a report
that evaluates the results of the training.
Each recipient shall submit its report
on a schedule determined by the Commissioner and shall include at least the
following information:
(A)
name of the person who receives funding;
(B)
amount of funding;
(C)
activities and training provided;
(D)
number of trainees and their general description;
(E)
employment status of trainees
(F)
future needs for resources.
(3)
Review reports submitted by each recipient of workforce education
and training funding.
(4)
Issue an annual report to the Governor and the General Assembly on
or
before
December
1
that
includes
a
systematic
evaluation
of
the
accomplishments
of
the
State
workforce
investment
system
and
the
performance of participating agencies and institutions.
(5)
Coordinate public and private workforce programs to assure that
information is easily accessible to students, employees, and employers, and
that all information and necessary counseling is available through one contact.
(6)
Facilitate effective communication between the business community
and public and private educational institutions.
§ 541.
WORKFORCE DEVELOPMENT COUNCIL; STATE WORKFORCE
INVESTMENT BOARD; MEMBERS, TERMS
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(a)
The Workforce education and training Council is created as the
successor to and the continuation of the Governor’s Human Resources
Investment Council and shall be the State Workforce Investment Board under
Public Law 105-220, the Workforce Investment Act of 1998, and any
reauthorization of that act.
The Council shall consist of the members required
under the federal act and the following: the President of the University of
Vermont or designee; the Chancellor of the Vermont State Colleges or
designee; the President of the Vermont Student Assistance corporation or
designee; the President of the Association of Vermont Independent Colleges or
designee; a representative of the Abenaki Self Help Organization; at least two
representatives of labor appointed by the Governor in addition to the two
required under the federal act, who shall be chosen from a list of names
submitted by Vermont AFL-CIO, Vermont NEA, and the Vermont State
Employees Association; one representative of the low income community
appointed by the Governor; two members of the Senate appointed by the
Senate Committee on Committees; and two members of the house appointed
by the speaker. In addition, the Governor shall appoint enough other members
who are representatives of business or employers so that one-half plus one of
the members of the council are representatives of business or employers.
At
least one-third of those appointed by the Governor as representatives of
business or employers shall be chosen from a list of names submitted by the
regional technical centers.
As used in this section, “representative of business”
means a business owner, a chief executive operating officer, or other business
executive, and “employer” means an individual with policy-making or hiring
authority, including a public school superintendent or school board member
and representatives from the nonprofit, social services, and health sectors of
the economy.
If there is a dispute as to who is to represent an interest as
required under the federal law, the Governor shall decide who shall be the
member of the Council.
(b)
Appointed members, except legislative appointees, shall be appointed
for three-year terms and serve at the pleasure of the Governor.
(c)
A vacancy shall be filled for the unexpired term in the same manner as
the initial appointment.
(d)
The Governor shall appoint one of the business or employer members
to chair the council for a term of two years.
A member shall not serve more
than three consecutive terms as chair.
(e)
Legislative members shall be entitled to compensation and expenses as
provided
in
2
V.S.A.
§
406,
and
other
members
shall
be
entitled
to
compensation and expenses as provided in 32 V.S.A. § 1010.
(f)
The Department of Labor shall provide the Council with administrative
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support.
(g)
The Workforce education and training Council shall be subject to 1
V.S.A. chapter 5, subchapters 2 and 3, relating to public meetings and access
to public records.
(h)
[Repealed.]
(i)
The Workforce education and training Council shall:
(1)
Advise the Governor on the establishment of an integrated network
of workforce education and training for Vermont.
(2)
Coordinate planning and services for an integrated network of
workforce education and training and oversee its implementation at State and
regional levels.
(3)
Establish goals for and coordinate the State’s workforce education
and training policies.
(4)
Speak for the workforce needs of employers.
(5)
Negotiate memoranda of understanding between the Council and
agencies
and
institutions
involved
in
Vermont’s
integrated
network
of
workforce education and training in order to ensure that each is working to
achieve annual objectives developed by the Council.
(6)
Carry out the duties assigned to the State Workforce Investment
Board, as required for a single-service delivery state, under P.L. 105-220, the
Workforce Investment Act of 1998, and any amendments that may be made to
it.
[Repealed.]
§ 541a.
STATE WORKFORCE INVESTMENT BOARD
(a)
Board established; duties.
Pursuant to the requirements of 29 U.S.C.
§ 2821, the Governor shall establish a State Workforce Investment Board to
assist the Governor in the execution of his or her duties under the Workforce
Investment Act of 1998 and to assist the Commissioner of Labor as specified
in section 540 of this title.
(b)
Additional
duties;
planning;
process.
In
order
to
inform
its
decision-making and to provide effective assistance under subsection (a) of
this section, the Board shall:
(1)
Conduct an ongoing public engagement process throughout the State
at which Vermonters have the opportunity to provide feedback and information
concerning their workforce education and training needs.
(2)
Maintain familiarity with the federal Comprehensive Economic
Development Strategy (CEDS) and other economic development planning
- 2184 -
processes, and coordinate workforce and education activities in the State,
including the development and implementation of the state plan required under
the Workforce Investment Act of 1998, with economic development planning
processes occurring in the State, as appropriate.
(c)
Membership.
The Board shall consist of the Governor and the
following members who are appointed by the Governor and serve at his or her
pleasure, unless otherwise indicated:
(1)
two Members of the Vermont House of Representatives appointed
by the Speaker of the House;
(2)
two Members of the Vermont Senate appointed by the Senate
Committee on Committees;
(3) the President of the University of Vermont or his or her designee;
(4)
the Chancellor of the Vermont State Colleges or his or her designee;
(5)
the President of the Vermont Student Assistance Corporation or his
or her designee;
(6)
a representative of an independent Vermont college or university;
(7)
the Secretary of Education or his or her designee;
(8)
a director of a regional technical center;
(9)
a principal of a Vermont high school;
(10)
two
representatives
of
labor
organizations
who
have
been
nominated by State labor federations;
(11)
two representatives of individuals and organizations who have
experience with respect to youth activities, as defined in 29 U.S.C. § 2801(52);
(12)
two representatives of individuals and organizations who have
experience in the delivery of workforce investment activities, as defined in
(13)
the lead State agency officials with responsibility for the programs
and activities carried out by one-stop partners, as described in 29 U.S.C.
§ 2841(b), or if no official has that responsibility, a representative in the State
with expertise relating to these programs and activities;
(14)
the Commissioner of Economic Development;
(15)
the Commissioner of Labor;
(16)
the Secretary of Human Services or his or her designee;
(17)
two individuals who have experience in, and can speak for, the
- 2185 -
training needs of underemployed and unemployed Vermonters; and
(18)
a number of appointees sufficient to constitute a majority of the
Board who:
(A)
are owners, chief executives, or operating officers of businesses,
and other business executives or employers with optimum policymaking or
hiring authority;
(B)
represent businesses with employment opportunities that reflect
the employment opportunities of the State; and
(C)
are appointed from among individuals nominated by State
business organizations and business trade associations.
(d)
Operation of Board.
(1)
Member representation.
(A)
Members of the State Board who represent organizations,
agencies, or other entities shall be individuals with optimum policymaking
authority within the organizations, agencies, or entities.
(B)
The members of the Board shall represent diverse regions of the
State, including urban, rural, and suburban areas.
(2)
Chair.
The Governor shall select a chair for the Board from among
the business representatives appointed pursuant to subdivision (c)(18) of this
section.
(3)
Meetings.
The Board shall meet at least three times annually and
shall hold additional meetings upon call of the Chair.
(4)
Work groups; task forces.
The Chair, in consultation with the
Commissioner of Labor, may:
(A)
assign one or more members to work groups to carry out the
work of the Board; and
(B)
appoint one or more members of the Board, or non-members of
the Board, or both, to one or more task forces for a discrete purpose and
duration.
(5)
Quorum; meetings; voting.
(A)
A majority of the sitting members of the Board shall constitute a
quorum, and to be valid any action taken by the Board shall be authorized by a
majority of the members present and voting at any regular or special meeting at
which a quorum is present.
(B)
The Board may permit one or more members to participate in a
- 2186 -
regular or special meeting by, or conduct the meeting through the use of, any
means of communication, including an electronic, telecommunications, and
video- or audio-conferencing conference telephone call, by which all members
participating may simultaneously or sequentially communicate with each other
during the meeting.
A member participating in a meeting by this means is
deemed to be present in person at the meeting.
(C)
The Board shall deliver electronically the minutes for each of its
meetings to each member of the Board and to the Chairs of the House
Committees on Education and on Commerce and Economic Development, and
to the Senate Committees on Education and on Economic Development,
Housing and General Affairs.
(6)
Reimbursement.
(A)
Legislative
members
of
the Board
shall
be
entitled
to
compensation and expenses as provided in 2 V.S.A. § 406.
(B)
Unless otherwise compensated by his or her employer for
performance of his or her duties on the Board, a nonlegislative member of the
Board shall be eligible for per diem compensation of $50.00 per day for
attendance at a meeting of the Board, and for reimbursement of his or her
necessary expenses, which shall be paid by the Department of Labor solely
from funds available for that purpose under the Workforce Investment Act
of 1998.
(7)
Conflict of interest.
A member of the Board shall not:
(A)
vote on a matter under consideration by the Board:
(i)
regarding the provision of services by the member, or by an
entity that the member represents; or
(ii)
that would provide direct financial benefit to the member or
the immediate family of the member; or
(B)
engage in any activity that the Governor determines constitutes a
conflict of interest as specified in the State Plan required under 29 U.S.C.
§ 2822.
(8)
Sunshine provision.
The Board shall make available to the public,
on a regular basis through open meetings, information regarding the activities
of
the
Board,
including
information
regarding
the
State
Plan
adopted
pursuant to 29 U.S.C. § 2822 and prior to submission of the State Plan to the
U.S. Secretary of Labor, information regarding membership, and, on request,
minutes of formal meetings of the Board.
§ 541b.
WORKFORCE EDUCATION AND TRAINING; DUTIES OF
- 2187 -
OTHER STATE AGENCIES, DEPARTMENTS, AND PRIVATE
PARTNERS
(a)
To ensure the Workforce Investment Board and the Commissioner of
Labor are able to fully perform their duties under this chapter, each agency and
department within State government, and each person who receives funding
from the State, shall comply within a reasonable period of time with a request
for data and information made by
the
Board or the Commissioner in
furtherance of their duties under this chapter.
(b)
The
Agency
of
Commerce
and
Community
Development
shall
coordinate its work in adopting a statewide economic development plan with
the activities of the Board and the Commissioner of Labor, including the
development and implementation of the state plan for workforce education and
training required under the Workforce Investment Act of 1998.
§ 542.
REGIONAL WORKFORCE DEVELOPMENT EDUCATION AND
TRAINING
(a)
The Commissioner of Labor, in coordination with the Secretary of
Commerce
and
Community
Development,
and
in
consultation
with
the
Workforce education and training Council Investment Board, is authorized to
issue performance grants to one or more persons to perform workforce
education and training activities in a region.
(b)
Each grant shall specify the scope of the workforce education and
training activities to be performed and the geographic region to be served, and
shall include outcomes and measures to evaluate the grantee’s performance.
(c)
The Commissioner of Labor and the Secretary of Commerce and
Community Development shall jointly develop a grant process and eligibility
criteria, as well as an outreach process for notifying potential participants of
the grant program.
The Commissioner of Labor shall have final authority to
approve each grant.
§ 543.
WORKFORCE EDUCATION AND TRAINING FUND; GRANT
PROGRAMS
(a)
Creation.
There is created a Workforce Education and Training Fund in
the department of labor Department of Labor to be managed in accordance
with 32 V.S.A. chapter 7, subchapter 5.
(b)
Purposes.
The Fund shall be used exclusively for the following two
purposes:
(1)
training to improve the skills of for Vermont workers, including
those who are unemployed, underemployed, or in transition from one job or
- 2188 -
career to another; and
(2)
internships
to
provide
students
with
work-based
learning
opportunities with Vermont employers; and
(3)
apprenticeship-related instruction.
(c)
Administrative Support.
Administrative support for the grant award
process shall be provided by the Departments Department of Labor and of
Economic
Development.
Technical,
administrative, financial,
and
other
support
shall
be
provided
whenever
appropriate
and
reasonable
by
the
Workforce Development Council Investment Board and all other public
entities involved in Economic Development, workforce development and
training, and education economic development and workforce education and
training.
(d)
Eligible Activities.
Awards from the Fund shall be made to employers
and entities that offer programs that require collaboration between employees
and businesses, including private, public, and nonprofit entities, institutions of
higher education, high schools, technical centers, and workforce education and
training programs.
Funding shall be for training programs and student
internship programs that offer education, training, apprenticeship, mentoring,
or work-based learning activities, or any combination; that employ innovative
intensive student-oriented competency-based or collaborative approaches to
workforce education and training; and that link workforce education and
economic
development
strategies.
Training
programs
or
projects
that
demonstrate actual increased income and economic opportunity for employees
and employers may be funded for more than one year.
Student internships and
training programs that involve the same employer may be funded multiple
times, provided that new students participate.
(e)
Award Criteria and Process.
The Workforce education and training
Council, in consultation with the Commissioners of Labor and of Economic
Development and the Secretary of Education, shall develop criteria consistent
with subsection (d) of this section for making awards under this section.
The
Commissioners of Labor and of Economic Development and the Secretary of
Education, shall develop a process for making awards. [Repealed].
(f)
Awards.
Based on guidelines set by the council, the The Commissioner
of labor, and the Secretary of Education Labor, in consultation with the
Workforce Investment Board, shall jointly develop award criteria and may
make awards to the following:
(1)
Training Programs.
(A)
Public, private, and nonprofit entities for existing or new
- 2189 -
innovative training programs.
Awards may be made to programs that retrain
incumbent workers that enhance the skills of Vermont workers and:
(i)
train workers for trades or occupations that are expected to lead
to jobs paying at least 200 percent of the current minimum wage or at least
150 percent if benefits are included; this requirement may be waived when
warranted based on regional or occupational wages or economic reality;
(ii) do not duplicate, supplant, or replace other available programs
funded with public money;
(iii)
articulate clear goals and demonstrate readily accountable,
reportable, and measurable results; and
(iv)
demonstrate an integrated connection between training and
specific new or continuing employment opportunities.
(B)
Awards under this subdivision shall be made to programs or
projects that do all the following:
(A)(i)
offer innovative programs of intensive, student-centric,
competency-based
education,
training,
apprenticeship,
mentoring,
or
any
combination of these;
(B)(ii)
address the needs of workers who are unemployed,
underemployed, or are at risk of becoming unemployed due to changing
workplace demands by increasing productivity and developing new skills for
incumbent workers; or
(iii)
in the discretion of the Commissioner, otherwise serve the
purposes of this chapter.
(C)
train workers for trades or occupations that are expected to lead
to jobs paying at least 200 percent of the current minimum wage or at least 150
percent if benefits are included; this requirement may be waived when
warranted based on regional or occupational wages or economic reality;
(D)
do not duplicate, supplant, or replace other available programs
funded with public money;
(E)
articulate clear goals and demonstrate readily accountable,
reportable, and measurable results;
(F)
demonstrate an integrated connection between training and
specific employment opportunities, including an effort and consideration by
participating employers to hire those who successfully complete a training
program; and
(2)
Vermont Career Internship Program. Funding for eligible internship
- 2190 -
programs
and
activities
under
the
Vermont
Career
Internship
Program
established in section 544 of this title.
(3)
Apprenticeship Program.
The Vermont Apprenticeship Program
established under 21 V.S.A. chapter 13.
Awards under this subdivision may be
used to fund the cost of apprenticeship-related instruction provided by the
Department of Labor.
(g)
[Repealed.]
§ 544.
VERMONT CAREER INTERNSHIP PROGRAM
(a)(1)
The Department of Labor, in consultation with the Agency of
Education,
shall
develop
and
implement
a
statewide
Vermont
Career
Internship Program for Vermonters who are in high school or in college and
for those who are recent graduates of 24 months or less.
(2)
The Department of Labor shall coordinate and provide funding to
public and private entities for internship programs that match Vermont
employers with students from public and private secondary schools, regional
technical centers, the Community High School of Vermont, colleges, and
recent graduates of 24 months or less.
(3)
Funding awarded through the Vermont Career Internship Program
may be used to administer an internship program and to provide participants
with a stipend during the internship, based on need.
Funds may be made only
to programs or projects that do all the following:
(A)
do not replace or supplant existing positions;
(B)
create real workplace expectations and consequences;
(C)
provide a process that measures progress toward mastery of
skills, attitude, behavior, and sense of responsibility required for success in that
workplace;
(D)
are
designed
to
motivate
and
educate
secondary
and
postsecondary students and recent graduates through work-based learning
opportunities
with
Vermont
employers
that
are
likely
to
lead
to
real
employment;
(E)
include mechanisms that promote employer involvement with
secondary and postsecondary students and curriculum and the delivery of
education at the participating schools; and
(F)
offer participants a continuum of learning, experience, and
relationships with employers that
will make
it financially possible
and
attractive for graduates to continue to work and live in Vermont.
- 2191 -
(4)
For the purposes of As used in this section, “internship” means a
learning experience working with an employer where the intern may, but does
not necessarily, receive academic credit, financial remuneration, a stipend, or
any combination of these.
(b)
The Department of Labor, in collaboration with the Agencies of
Agriculture, Food and Markets and of Education, state-funded State-funded
postsecondary educational institutions, the Workforce Development Council
Investment Board, and other state State agencies and departments that have
workforce education and training and training monies, shall:
(1)
identify new and existing funding sources that may be allocated to
the Vermont Career Internship Program;
(2)
collect
data
and
establish
program
goals
and
quantifiable
performance measures for internship programs funded through the Vermont
Career Internship Program;
(3)
develop or enhance a website that will connect students and
graduates with internship opportunities with Vermont employers;
(4)
engage appropriate agencies and departments of the State in the
Internship Program to expand internship opportunities with State government
and with entities awarded State contracts; and
(5)
work with other public and private entities to develop and enhance
internship programs, opportunities, and activities throughout the State.Sec. 29.
10 V.S.A. chapter 22 is amended to read:
EMPLOYMENT THE VERMONT
TRAINING PROGRAM
§ 531.
EMPLOYMENT THE VERMONT TRAINING PROGRAM
(a)(1)
The Secretary of Commerce and Community Development may, in
consultation with the Workforce Investment Board, shall have the authority to
design and implement a Vermont Training Program, the purpose of which shall
be
to issue
performance-based
grants to
any
employer,
consortium
of
employers, or providers of training, either individuals or organizations, as
necessary,
to
conduct
training
under
the
following
circumstances:
to
employers and to education and training providers to increase employment
opportunities in Vermont consistent with this chapter.
(2)
The Secretary shall structure the Vermont Training Program to serve
as a flexible, nimble, and strategic resource for Vermont businesses and
workers across all sectors of the economy.
(1)
when issuing grants to an employer or consortium of employers, the
- 2192 -
employer promises as a condition of the grant to
where eligible facility is
defined as in subdivision 212(6) of this title relating to the Vermont Economic
Development Authority, or the employer or consortium of employers promises
to open an eligible facility within the State which will employ persons,
provided that for the purposes of this section, eligible facility may be broadly
interpreted to include employers in sectors other than manufacturing; and
(2)
training is required for potential employees, new employees, or long-
standing employees in the methods, either singularly or in combination relating
to
pre-employment
training,
on-the-job
training,
upgrade
training,
and
crossover training, or specialized instruction, either in-plant or through a
training provider.
(b)
Eligibility for grant.
The Secretary of Commerce and Community
Development may award a grant to an employer if:
(1)
the employer’s new or expanded initiative will enhance employment
opportunities for Vermont residents; the training is for pre-employment, new
employees, or incumbent employees in the methods, either singularly or in
combination, relating to pre-employment training, on-the-job training, upgrade
training, and crossover training, or specialized instruction, either on-site or
through a training provider;
(2)
the employer provides its employees with at least three of the
following:
(A)
health care benefits with 50 percent or more of the premium paid
by the employer;
(B)
dental assistance;
(C)
paid vacation and;
(D)
paid holidays;
(D)(E)
child care;
(E)(F)
other extraordinary employee benefits;
(F)(G)
retirement benefits; and
(H)
other paid time off, including paid sick days;
(3)
the training is directly related to the employment responsibilities of
the trainee; and
(4)
unless modified by the Secretary if warranted based on regional or
occupational wages or economic reality, the training is expected to lead to a
position for which the employee is compensated at least twice the State
minimum wage, reduced by the value of any benefit package up to a limit of
- 2193 -
30 percent of the employee’s gross wage; provided that for each grant in which
the Secretary modifies the compensation provisions of this subdivision, he or
she shall identify in the records for that grant the basis and nature of the
modification.
(c)
The employer promises as a condition of the grant to:
(1)
employ new persons at a wage which, at the completion of the
training program, is two times the prevailing state or federal minimum wage,
whichever is greater, reduced by the value of any existing health benefit
package up to a limit of 30 percent of the gross program wage, or for existing
employees, to increase the wage to two times the prevailing state and federal
minimum wage, whichever is greater, reduced by the value of any existing
health benefit package up to a limit of 20 percent of the gross program wage,
upon completion of training; provided, however, that in areas defined by the
Secretary of Commerce and Community Development in which the Secretary
finds that the rate of unemployment is 50 percent greater than the average for
the State, the wage rate under this subsection may be set by the Secretary at a
rate no less than one and one-half times the federal or state minimum wage,
whichever is greater;
(2)
employ persons who have completed the training provided for them
and
nominated
as
qualified
for
a
reasonable
period
at
the
wages
and
occupations described in the contract, unless the employer reasonably finds the
nominee is not qualified;
(3)
provide its employees with at least three of the following:
(A)
health care benefits with 50 percent or more of the premium paid
by the employer;
(B)
dental assistance;
(C)
paid vacation and holidays;
(D)
child care;
(E)
other extraordinary employee benefits; and
(F)
retirement benefits.
(4)
submit a customer satisfaction report to the Secretary of Commerce
and Community Development, on a form prepared by the Secretary for that
purpose, no more than 30 days from the last day of the training program.
In the case of a grant to a training provider, the Secretary shall require as a
condition of the grant that the provider shall disclose to the Secretary the name
of the employer and the number of employees trained prior to final payment
for the training.
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(d)
In order to avoid duplication of programs or services and to provide the
greatest return on investment from training provided under this section, the
Secretary of Commerce and Community Development shall:
(1)
first consult with the Commissioner of Labor regarding whether the
grantee has accessed, or is eligible to access, other workforce education and
training resources offered by public or private workforce education and
training partners;
(2)
disburse grant funds only for training hours that have been
successfully completed by employees; provided that a grant for on-the-job
training shall either provide not more than 50 percent of wages for each
employee in training, or not more than 50 percent of trainer expense, but not
both, and further provided that training shall be performed in accordance with
a training plan that defines the subject of the training, the number of training
hours, and how the effectiveness of the training will be evaluated; and
(3)
use funds under this section only to supplement training efforts of
employers and not to replace or supplant training efforts of employers.
(e)
The Secretary of Commerce and Community Development shall
administer all training programs under this section, may select and use
providers of training as appropriate, and shall adopt rules and may accept
services, money, or property donated for the purposes of this section.
The
Secretary may promote awareness of, and may give priority to, training that
enhances critical skills, productivity, innovation, quality, or competitiveness,
such
as
training
in
Innovation
Engineering,
“Lean”
systems,
and
ISO
certification for expansion into new markets.
[Repealed.]
(f)
Upon completion of the training program for any individual, the
secretary of Commerce and Community Development shall review the records
and shall award to the trainee, if appropriate, a certificate of completion for the
training.
(g)
None of the criteria in subdivision (a)(1) of this section shall apply to a
designated job development zone under chapter 29, subchapter 2 of this title.
[Repealed.]
(h)
The
Secretary
may
designate
the
Commissioner
of
Economic
Development to carry out his or her powers and duties under this chapter.
[Repealed.]
(i)
Program Outcomes.
(1)
On or before September 1, 2011, the Agency of Commerce and
Community Development, in coordination with the department of labor, and in
consultation with the Workforce education and training Council and the
- 2195 -
legislative Joint Fiscal Office, shall develop, to the extent appropriate, a
common set of benchmarks and performance measures for the training
program established in this section and the Workforce Education and Training
Fund established in section 543 of this title, and shall collect employee-specific
data on training outcomes regarding the performance measures; provided,
however, that the Secretary shall redact personal identifying information from
such data.
(2)
On or before January 15, 2013, the Joint Fiscal Office shall prepare a
performance report using the benchmarks and performance measures created
pursuant to subdivision (1) of this subsection.
The Joint Fiscal Office shall
submit its report to the Senate Committee on Economic Development, Housing
and General Affairs and the House Committee on Commerce and Economic
Development.
(3)
The Secretary shall use information gathered pursuant to this
subsection and customer satisfaction reports submitted pursuant to subdivision
(c)(4) of this section to evaluate the program and make necessary changes that
fall within the Secretary’s authority or, if beyond the scope of the Secretary’s
authority, to recommend necessary changes to the appropriate committees of
the General Assembly.
[Repealed.]
(j)
Consistent with the training program’s goal of providing specialized
training
and
increased
employment
opportunities
for
Vermonters,
and
notwithstanding provisions of this section to the contrary, the Secretary shall
canvas apprenticeship sponsors to determine demand for various levels of
training and classes and shall transfer up to $250,000.00 annually to the
regional technical
centers to
fund or provide supplemental
funding for
apprenticeship training programs leading up to certification or licensing as
journeyman or master electricians or plumbers.
The Secretary shall seek to
provide these funds equitably throughout Vermont; however, the Secretary
shall give priority to regions not currently served by apprenticeship programs
offered through the Vermont Department of Labor pursuant to 21 V.S.A.
[Repealed].
(k)
Annually on or before January 15, the Secretary shall submit a report to
the House Committee on Commerce and Economic Development and the
Senate Committee on Economic Development, Housing and General Affairs
summarizing.
In addition to the reporting requirements under section 540 of
this title, the report shall identify:
(1)
all active and completed contracts and grants,;
(2)
the types of training activities provided, from among the following,
the category the training addressed:
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(A)
pre-employment training or other training for a new employee to
begin a newly created position with the employer;
(B)
pre-employment training or other training for a new employee to
begin in an existing position with the employer;
(C)
training for an incumbent employee who, upon completion of
training, assumes a newly created position with the employer;
(D)
training for an incumbent employee who upon completion of
training assumes a different position with the employer;
(E)
training for an incumbent employee to upgrade skills;
(3)
for the training identified in subdivision whether the training is
onsite or classroom-based;
(4)
the number of employees served, and ;
(5)
the average wage by employer, and addressing ;
(6)
any waivers granted;
(7)
the identity of the employer, or, if unknown at the time of the report,
the category of employer;
(8)
the identity of each training provider; and
(9)
whether training results in a wage increase for a trainee, and the
amount of increase.
Sec. 30.
REPEAL
2007 Acts and Resolves No. 46, Sec. 6(a), as amended by 2009 Acts and
Resolves No. 54, Sec. 8 (workforce education and training leader) and 2013
Acts and Resolves No. 81, Sec. 2, is repealed.
Sec. 31.
DEPARTMENT OF LABOR; AGENCY OF COMMERCE AND
COMMUNITY DEVELOPMENT; STATUTORY PROPOSALS
On or before November 1, 2014:
(1)
The Commissioner of Labor shall submit to the House Committee on
Commerce
and
Economic
Development
and
the
Senate
Committee
on
Economic Development, Housing and General Affairs a proposal to amend the
language of 10 V.S.A. § 543 to reflect best practices and improve clarity in the
administration of, and for applicants to, the grant program from the Workforce
Education and Training Fund under that section.
(2)
The Secretary of Commerce and Community Development shall
submit to the House Committee on Commerce and Economic Development
- 2197 -
and the Senate Committee on Economic Development, Housing and General
Affairs a proposal to amend the language of 10 V.S.A. § 531 to reflect best
practices and improve clarity in the administration of, and for applicants to, the
Vermont Training Program under that section.
Sec. 32.
INTERNSHIP OPPORTUNITIES FOR YOUNG PERSONS
On or before January 15, 2015, the Commissioner of Labor shall submit to
the House Committee on Commerce and Economic Development and the
Senate Committee on Economic Development, Housing and General Affairs a
report that details the internship opportunities available to Vermonters between
15 and 18 years of age and recommends one or more means to expand these
opportunities through the Vermont Career Internship Program, 10 V.S.A.
§ 544, or through other appropriate mechanisms.
* * * Vermont Strong Scholars Program * * *
Sec. 33.
16 V.S.A. chapter 90 is redesignated to read:
CHAPTER
90.
FUNDING
OF
POSTSECONDARY INSTITUTIONS
EDUCATION
Sec. 34.
16 V.S.A. § 2888 is added to read:
§ 2888.
VERMONT STRONG SCHOLARS AND INTERNSHIP
INITIATIVE
(a)
Creation.
(1)
There is created a postsecondary loan forgiveness and internship
initiative designed to forgive a portion of Vermont Student Assistance
Corporation loans of students employed in economic sectors identified as
important to Vermont’s economy and to build internship opportunities for
students to gain work experience with Vermont employers.
(2)
The initiative shall be known as the Vermont Strong Scholars and
Internship Initiative and is designed to:
(A)
encourage students to:
(i)
consider jobs in economic sectors that are critical to the
Vermont economy;
(ii)
enroll and remain enrolled in a Vermont postsecondary
institution; and
(iii)
live in Vermont upon graduation;
(B)
reduce student loan debt for postsecondary education in targeted
fields;
- 2198 -
(C)
provide experiential learning through internship opportunities
with Vermont employers; and
(D)
support a pipeline of qualified talent for employment with
Vermont’s employers.
(b)
Vermont Strong Loan Forgiveness Program.
(1)
Economic sectors; projections.
(A)
Annually, on or before November 15, the Secretary of Commerce
and Community Development and the Commissioner of Labor, in consultation
with the Vermont State Colleges, the University of Vermont, the Vermont
Student Assistance Corporation, and the Secretary of Education, shall identify
economic sectors, projecting at least four years into the future, that are or will
be critical to the Vermont economy.
(B)
Based upon the identified economic sectors and the number of
students anticipated to qualify for loan forgiveness under this section, the
Secretary of Commerce and Community Development shall annually provide
the General Assembly with the estimated cost of the Vermont Student
Assistance Corporation’s loan forgiveness awards under the loan forgiveness
program during the then-current fiscal year and each of the four following
fiscal years.
(2)
Eligibility.
A graduate of a public or private Vermont postsecondary
institution shall be eligible for forgiveness of a portion of his or her Vermont
Student Assistance Corporation postsecondary education loans under this
section if he or she:
(A)
was a Vermont resident, as defined in 16 V.S.A. § 2822(7), at the
time he or she was graduated;
(B)
completed an associate’s degree within three
years, or
a
bachelor’s degree within six years;
(C)
becomes employed in Vermont within 12 months of graduation
in an economic sector identified by the Secretary and Commissioner under
subdivision (1) of this subsection;
(D)
remains employed in Vermont throughout the period of loan
forgiveness
in
an
economic
sector
identified
by
the
Secretary
and
Commissioner under subdivision (1) of this subsection; and
(E)
remains a Vermont resident throughout the period of loan
forgiveness.
(3)
Loan forgiveness.
An eligible individual shall have a portion of his
or her Vermont Student Assistance Corporation loan forgiven as follows:
- 2199 -
(A)
for an individual awarded an associate’s degree, in an amount
equal to the comprehensive in-state tuition rate for 15 credits at the Vermont
State Colleges during the individual’s final semester of enrollment, to be
prorated over the three years following graduation; and
(B) for an individual awarded a bachelor’s degree, in an amount
equal to the comprehensive in-state tuition rate for 30 credits at the Vermont
State Colleges during the individual’s final year of enrollment, to be prorated
over the five years following graduation.
(C)
Loan forgiveness may be awarded on a prorated basis to an
otherwise eligible Vermont resident who transfers to and is graduated from a
Vermont postsecondary institution.
(4)
Management.
(A)
The Secretary of Commerce and Community Development shall
develop all organizational details of the loan forgiveness program consistent
with the purposes and requirements of this section.
(B)
The Secretary shall enter into a memorandum of understanding
with the Vermont Student Assistance Corporation for management of the loan
forgiveness program.
(C)
The Secretary may adopt rules pursuant to 3 V.S.A. chapter 25
necessary to implement the Program.
(c) Vermont Strong Internship Program.
(1)
Internship program management.
(A)
The Commissioner of Labor and the Secretary of Commerce and
Community
Development
shall
jointly
develop
and
implement
the
organizational details of the internship program consistent with the purposes
and requirements of this section and may adopt rules pursuant to 3 V.S.A.
chapter 25 necessary to implement the internship program.
(B)
The Commissioner, in consultation with the Secretary, shall issue
a request for proposals for a person to serve as an Internship Program
Intermediary, who shall perform the duties and responsibilities pursuant to the
terms of a performance contract negotiated by the Commissioner and the
Intermediary.
(C)
The Department of Labor, the Agency of Commerce and
Community Development, the regional development corporations, and the
Intermediary, shall have responsibility for building connections within the
business community to ensure broad private sector participation in the
internship program.
- 2200 -
(D)
The Program Intermediary shall:
(i)
identify and foster postsecondary internships that are rigorous,
productive, well-managed, and mentored;
(ii)
cultivate relationships with employers, employer-focused
organizations, and state and regional government bodies;
(iii)
build relationships with Vermont postsecondary institutions
and facilitate recruitment of students to apply for available internships;
(iv)
create and maintain a registry of participating employers and
associated internship opportunities;
(v)
coordinate and provide support to the participating student, the
employer, and the student’s postsecondary institution;
(vi)
develop and oversee a participation contract between each
student and employer, including terms governing the expectations for the
internship, a work plan, mentoring and supervision of the student, reporting by
the employer and student, and compensation terms; and
(vii)
carry out any additional activities and duties as directed by
the Commissioner.
(2)
Qualifying internships.
(A)
Criteria.
To qualify for participation in the internship program an
internship shall at minimum:
(i)
be with a Vermont employer as approved by the Intermediary
in consultation with the Commissioner and Secretary;
(ii)
pay compensation to an intern of at least the prevailing
minimum wage; and
(iii)
meet the quality standards and expectations as established by
the Intermediary.
(B)
Employment of interns.
Interns shall be employed by the
sponsoring employer except, with the approval of the Commissioner on a
case-by-case basis, interns may be employed by the Intermediary and assigned
to work with a participating Vermont employer, in which case the sponsoring
employer shall contribute funds as determined by the Commissioner.
(3)
Student eligibility.
To participate in the internship program an
individual shall be:
(A)
a Vermont resident enrolled in a post-secondary institution in or
outside Vermont;
- 2201 -
(B)
a student who graduated from a postsecondary institution within
24 months of entering the program who was classified as a Vermont resident
during that schooling or who is a student who attended a post-secondary
institution in Vermont; or
(C)
a student enrolled in a Vermont post-secondary institution.
(d)
Funding.
(1)
Loan forgiveness program.
(A)
There is created a special fund to be known as the Vermont
Strong Scholars Fund pursuant to 32 V.S.A. chapter 7, subchapter 5, which
shall be used and administered solely for the purposes of loan forgiveness
pursuant to this section.
(B)
The Fund shall consist of sums to be identified by the Secretary
from any source accepted for the benefit of the Fund and interest earned from
the investment of Fund balances.
(C)
Any interest earned and any remaining balance at the end of the
fiscal year shall be carried forward in the Fund.
(D)
The availability and payment of loan forgiveness awards under
this section are subject to funding available for the awards.
(2)
Internship program.
Notwithstanding any provision of law to the
contrary, the Commissioner of Labor shall have the authority to use funds
allocated to the Workforce Education and Training Fund established in
10 V.S.A. § 543 to implement the internship program created in this section.
Sec. 35.
VERMONT STRONG INTERIM REPORT
On
or
before
November
1,
2014,
the
Secretary
of
Commerce
and
Community Development shall report to the Joint Fiscal Committee on the
organizational and economic details of the Vermont Strong Scholars Initiative,
including:
(1)
the economic sectors selected for loan forgiveness;
(2)
the projected annual cost of the Initiative,
(3)
the proposed funding sources;
(4)
programmatic proposals and economic projections on the feasibility
and impacts of expanding eligibility for the loan forgiveness program to
include Vermont residents who attend postsecondary institutions outside of
Vermont
and
out-of-state
residents
who
attend
Vermont postsecondary
institutions; and
- 2202 -
(5)
the projected balance of the Vermont Strong Scholars Fund for each
fiscal year through fiscal year 2018.
Sec. 36.
VERMONT PRODUCTS PROGRAM; STUDY; REPORT
(a)
The Secretary of Commerce and Community Development, the
Secretary of Agriculture, Food and Markets, and the Vermont Attorney
General, shall collaborate to identify the issues, stakeholders, and processes
necessary to consider whether and how to:
(1)
provide Vermont businesses with a means of promoting and
marketing products and services that are manufactured, designed, engineered,
or formulated in Vermont and to avoid confusion by consumers when the
Vermont brand is used in marketing products or services; and
(2)
harmonize the Vermont origin rule, the Made in Vermont initiative,
the proposed Vermont Products Program or similar initiative, and any other
programs or initiatives the Secretaries and the Attorney General determine
would be appropriate for such consideration.
(b)
On or before September 1, 2015, the Secretaries and the Attorney
General shall submit a report on their findings and recommendations to the
Senate Committee on Economic Development, Housing and General Affairs
and the House Committee on Commerce and Economic Development.
* * * Effective Dates * * *
Sec. 37.
EFFECTIVE DATES
(a)
This section and Sec. 20a (Public Service Board; rulemaking) shall take
effect on passage.
(b)
The remainder of this act shall take effect on July 1, 2014, except that
16 V.S.A. § 2888(b)(3) (Vermont Strong loan forgiveness) shall take effect on
July 1, 2015.
(Committee vote: 11-0-0 )
(For text see Senate Journal March 26, 2014 )
S. 239
An act relating to the regulation of toxic substances
Rep. Deen of Westminster,
for the Committee on
Fish, Wildlife & Water
Resources,
recommends that the House propose to the Senate that the bill be
amended by striking all after the enacting clause and inserting in lieu thereof
the following:
Sec. 1.
FINDINGS
- 2203 -
The General Assembly finds that:
(1)
There are more than 84,000 chemicals used commercially in the
United States, and each year approximately 1,000 chemicals are added to the
list of registered chemicals.
(2)
More than 90 percent of the chemicals in commercial use in the
United States have never been fully tested for potential impacts on human
health or the environment.
(3)
In 1976, the federal government passed the Toxic Substances
Control Act (TSCA) in an attempt to improve the regulation of chemicals
in the
United
States.
However,
TSCA
grandfathered
approximately
62,000 chemicals
from
regulation
under
the
Act.
Consequently,
the
U.S. Environmental Protection Agency (EPA) is not required to assess the risk
of these chemicals.
Since TSCA became law, EPA only has required testing
for approximately 200 chemicals, and has banned or restricted the use of five
of those chemicals.
No chemicals have been banned in over 20 years.
(4)
Biomonitoring studies reveal that toxic chemicals are in the bodies
of people, including chemicals linked to cancer, brain and nervous damage,
birth defects, developmental delays, and reproductive harm.
Even newborn
babies have chemical body burdens, proving that they are being polluted while
in the womb.
(5)
Vermont has regulated the use of individual chemicals of concern,
including lead, mercury, bisphenol A, phthalates, decabromodiphenyl ether,
tris(1,3-dichloro-2-propyl) phosphate, and tris(2-chloroethyl) phosphate, but
reviewing chemicals individually, one at a time, is inefficient and inadequate
for addressing the issues posed by chemicals of concern.
(6)
Other states and countries, including Maine, Washington, California,
and the European Union, are already taking a more comprehensive approach to
chemical regulation in consumer products, and chemical regulation in Vermont
should harmonize with these efforts.
(7)
The State has experience monitoring and regulating chemical use
through the toxic use and hazardous waste reduction programs.
(8)
In order to ensure that the regulation of toxic chemicals is robust and
protective, parties affected by the regulation of chemical use shall have ample
opportunity to comment on proposed regulation so that the legal and financial
risks of regulation are minimized.
Sec. 2.
18 V.S.A. chapter 38A is added to read:
CHAPTER 38A.
CHEMICALS OF HIGH CONCERN TO CHILDREN
- 2204 -
§ 1771.
POLICY
It is the policy of the State of Vermont:
(1)
to protect public health and the environment by reducing exposure of
its citizens and vulnerable populations, such as children, to toxic chemicals,
particularly when safer alternatives exist; and
(2)
that the State attempt, when possible, to regulate toxic chemicals in a
manner that is consistent with regulation of toxic chemicals in other states.
§ 1772.
DEFINITIONS
As used in this chapter:
(1)
“Aircraft” shall have the same meaning as in 5 V.S.A. § 202.
(2)
“Chemical” means a substance with a distinct molecular composition
or a group of structurally related substances and includes the breakdown
products of the substance or substances that form through decomposition,
degradation, or metabolism.
“Chemical” shall not mean crystalline silica in
any form, as derived from ordinary sand or as present as a naturally occurring
component of any other mineral raw material, including granite, gravel,
limestone, marble, slate, soapstone, and talc.
(3)
“Chemical of high concern to children” means a chemical listed
under section 1773 or designated by the Department as a chemical of high
concern by rule under section 1776 of this title.
(4)
“Child” or “children” means an individual or individuals under
12 years of age.
(5)
“Children’s cosmetics” means cosmetics that are made for, marketed
for use by, or marketed to children.
“Children’s cosmetics” includes cosmetics
that meet any of the following conditions:
(A)
are represented in its packaging, display, or advertising as
appropriate for use by children;
(B)
are sold in conjunction with, attached to, or packaged together
with other products that are packaged, displayed, or advertised as appropriate
for use by children; or
(C)
are sold in any of the following:
(i)
a retail store, catalogue, or online website, in which a person
exclusively offers for sale consumer products that are packaged, displayed, or
advertised as appropriate for use by children; or
(ii)
a discrete portion of a retail store, catalogue, or online website,
- 2205 -
in which a person offers for sale products that are packaged, displayed, or
advertised as appropriate for use by children.
(6)
“Children’s jewelry” means jewelry that is made for, marketed for
use by, or marketed to children and shall include jewelry that meets any of the
following conditions:
(A)
is represented in its packaging, display, or advertising as
appropriate for use by children;
(B)
is sold in conjunction with, attached to, or packaged together
with other products that are packaged, displayed, or advertised as appropriate
for use by children;
(C)
is sized for children and not intended for use by adults; or
(D)
is sold in any of the following:
(i)
a vending machine;
(ii)
a retail store, catalogue, or online website, in which a person
exclusively offers for sale products that are packaged, displayed, or advertised
as appropriate for use by children; or
(iii)
a discrete portion of a retail store, catalogue, or online
website, in which a person offers for sale products that are packaged,
displayed, or advertised as appropriate for use by children.
(7)(A)
“Children’s product” means any consumer product, marketed for
use by, marketed to, sold, offered for sale, or distributed to children in the State
of Vermont, including:
(i)
toys;
(ii)
children’s cosmetics;
(iii)
children’s jewelry;
(iv)
a product designed or intended by the manufacturer to help a
child with sucking or teething, to facilitate sleep, relaxation, or the feeding of a
child, or to be worn as clothing by children; or
(v)
child car seats.
(B)
“Children’s product” shall not mean or include the following:
(i)
batteries;
(ii)
consumer electronic products, including personal computers,
audio and video equipment, calculators, wireless phones, game consoles, and
hand-held devices incorporating a video screen used to access interactive
- 2206 -
software
intended
for
leisure
and
entertainment
and
their
associated
peripherals;
(iii)
interactive software, intended for leisure and entertainment,
such as computer games, and their storage media, such as compact discs;
(iv)
snow sporting equipment, including skis, poles, boots, snow
boards, sleds, and bindings;
(v)
inaccessible components of a consumer product that during
reasonably foreseeable use and abuse of the consumer product would not come
into direct contact with a child’s skin or mouth; and
(vi)
used consumer products that are sold in second-hand product
markets.
(8)
“Consumer product” means any product that is regularly used or
purchased to be used for personal, family, or household purposes.
“Consumer
product” shall not mean:
(A)
a
product
primarily
used
or
purchased
for
industrial
or
business use that does not enter the consumer product market or is not
otherwise sold at retail;
(B)
a food or beverage or an additive to a food or beverage;
(C)
a tobacco product;
(D)
a pesticide regulated by the U.S. Environmental Protection
Agency;
(E)
a drug, or biologic regulated by the U.S. Food and Drug
Administration (FDA), or the packaging of a drug, or biologic that is regulated
by the FDA, including over the counter drugs, prescription drugs, dietary
supplements, medical devices, or products that are both a cosmetic and a drug
regulated by the FDA;
(F)
ammunition or components thereof, firearms, air rifles, hunting or
fishing equipment or components thereof;
(G)
an aircraft, motor vehicle, vessel; or
(H)
the packaging in which a consumer product is sold, offered for
sale, or distributed.
(9)
“Contaminant” means a trace amount of a chemical or chemicals that
is incidental to manufacturing and serves no intended function in the children’s
product or component of the children’s product, including an unintended by-
product of chemical reactions during the manufacture of the children’s product,
a trace impurity in feed-stock, an incompletely reacted chemical mixture, and a
- 2207 -
degradation product.
(10)
“Cosmetics”
means
articles
intended
to
be
rubbed,
poured,
sprinkled, or sprayed on, introduced into, or otherwise applied to the human
body or any part thereof for cleansing, beautifying, promoting attractiveness,
or altering appearance, and articles intended for use as a component of such an
article.
“Cosmetics” shall not mean soap, dietary supplements, or food and
drugs approved by the U.S. Food and Drug Administration.
(11)
“Intentionally added” means the addition of a chemical in a product
that serves an intended function in the product component.
(12)
“Manufacturer” means:
(A)
any person who manufactures a children’s product or whose
name is affixed to a children’s product or its packaging or advertising, and the
children’s product is sold or offered for sale in Vermont; or
(B)
any person who sells a children’s product to a retailer in Vermont
when the person who manufactures the children’s product or whose name is
affixed to the children’s product or its packaging or advertising does not have a
presence in the United States other than the sale or offer for sale of the
manufacturer’s products.
(13)
“Motor vehicle” means every vehicle intended primarily for use
and
operation
on
the
public
highways
and
shall
include
snowmobiles,
all-terrain vehicles, and farm tractors and other machinery used in the
production, harvesting, and care of farm products.
(14)
“Persistent bioaccumulative toxic” means a chemical or chemical
group that, based on credible scientific information, meets each of the
following criteria:
(A)
the chemical can persist in the environment as demonstrated by
the fact that:
(i)
the half-life of the chemical in water is greater than or equal
to 60 days;
(ii)
the half-life of the chemical in soil is greater than or equal to
60 days; or
(iii)
the half-life of the chemical in sediments is greater than or
equal to 60 days; and
(B)
the chemical has a high potential to bioaccumulate based on
credible
scientific
information
that
the
bioconcentration
factor
or
bioaccumulation factor in aquatic species for the chemical is greater than 1,000
or, in the absence of such data, that the log-octanol water partition coefficient
- 2208 -
(log Kow) is greater than five; and
(C)
the chemical has the potential to be toxic to children as
demonstrated by the fact that:
(i)
the
chemical
or
chemical
group
is
a
carcinogen,
a
developmental or reproductive toxicant, or a neurotoxicant;
(ii)
the chemical or chemical group has a reference dose or
equivalent toxicity measure that is less than 0.003 mg/kg/day; or
(iii)
the chemical or chemical group has a chronic no observed
effect concentration (NOEC) or equivalent toxicity measure that is less than
0.1 mg/L or an acute NOEC or equivalent toxicity measure that is less than
1.0 mg/L.
(15)
“Practical
quantification
limit
(PQL)”
means
the
lowest
concentration
that
can
be
reliably
measured
within
specified
limits
of
precision,
accuracy,
representativeness,
completeness,
and
comparability
during routine laboratory operating conditions.
(16)
“Toy” means a consumer product designed or intended by the
manufacturer to be used by a child at play.
(17)
“Vessel” means every description of watercraft used or capable of
being used as a means of transportation on water.
§ 1773.
CHEMICALS OF HIGH CONCERN TO CHILDREN
(a)
List of chemicals of high concern to children.
The following chemicals
are designated as chemicals of high concern to children for the purposes of the
requirements of this chapter:
(1)
Formaldehyde.
(2)
Aniline.
(3)
N-Nitrosodimethylamine.
(4)
Benzene.
(5)
Vinyl chloride.
(6)
Acetaldehyde.
(7)
Methylene chloride.
(8)
Carbon disulfide.
(9)
Methyl ethyl ketone.
(10)
1,1,2,2-Tetrachloroethane.
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(11)
Tetrabromobisphenol A.
(12)
Bisphenol A.
(13)
Diethyl phthalate.
(14)
Dibutyl phthalate.
(15)
Di-n-hexyl phthalate.
(16)
Phthalic anhydride.
(17)
Butyl benzyl phthalate (BBP).
(18)
N-Nitrosodiphenylamine.
(19)
Hexachlorobutadiene.
(20)
Propyl paraben.
(21)
Butyl paraben.
(22)
2-Aminotoluene.
(23)
2,4-Diaminotoluene.
(24)
Methyl paraben.
(25)
p-Hydroxybenzoic acid.
(26)
Ethylbenzene.
(27)
Styrene.
(28)
4-Nonylphenol; 4-NP and its isomer mixtures including CAS
84852-15-3 and CAS 25154-52-3.
(29)
para-Chloroaniline.
(30)
Acrylonitrile.
(31)
Ethylene glycol.
(32)
Toluene.
(33)
Phenol.
(34)
2-Methoxyethanol.
(35)
Ethylene glycol monoethyl ester.
(36)
Tris(2-chloroethyl) phosphate.
(37)
Di-2-ethylhexyl phthalate.
(38)
Di-n-octyl phthalate (DnOP).
(39)
Hexachlorobenzene.
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(40)
3,3ʹ-Dimethylbenzidine
and
Dyes
Metabolized
to
3,3ʹ-Dimethylbenzidine.
(41)
Ethyl paraben.
(42)
1,4-Dioxane.
(43)
Perchloroethylene.
(44)
Benzophenone-2 (Bp-2); 2,2ʹ,4,4ʹ-Tetrahydroxybenzophenone.
(45)
4-
tert
-Octylphenol; 4(1,1,3,3-Tetramethylbutyl) phenol.
(46)
Estragole.
(47)
2-Ethylhexanoic acid.
(48)
Octamethylcyclotetrasiloxane.
(49)
Benzene, Pentachloro.
(50)
C.I. Solvent yellow 14.
(51)
N-Methylpyrrolidone.
(52)
2,2ʹ,3,3ʹ,4,4ʹ,5,5ʹ,6,6ʹ-Decabromodiphenyl ether; BDE-209.
(53)
Perfluorooctanyl sulphonic acid and its salts; PFOS.
(54)
Phenol, 4-octyl.
(55)
2-Ethyl-hexyl-4-methoxycinnamate.
(56)
Mercury
&
mercury
compounds
including
methyl
mercury
(22967-92-6).
(57)
Molybdenum and molybdenum compounds.
(58)
Antimony and Antimony compounds.
(59)
Arsenic
and
Arsenic
compounds,
including
arsenic
trioxide
(1327-53-3) and dimethyl arsenic (75-60-5).
(60)
Cadmium and cadmium compounds.
(61)
Cobalt and cobalt compounds.
(62)
Tris(1,3-dichloro-2-propyl)phosphate.
(63)
Butylated hydroxyanisole; BHA.
(64)
Hexabromocyclododecane
(65)
Diisodecyl phthalate (DIDP).
(66)
Diisononyl phthalate (DINP).
- 2211 -
(67)
any other chemical designated by the Commissioner as a chemical
of high concern to children by rule under section 1776 of this title.
(b)
Beginning on July 1, 2017, and biennially thereafter, the Commissioner
of Health shall review the list of chemicals of high concern to children to
determine if additional chemicals should be added to the list under subsection
1776(b) of this title.
In reviewing the list of chemicals of high concern to
children, the Commissioner of Health may consider designations made by
other states, the federal government, other countries, or other governmental
agencies.
(c)
Publication of list.
The Commissioner shall post the list of chemicals of
high concern to children on the Department of Health website by chemical
name and Chemical Abstracts Service number.
(d)
Addition or removal from list.
Under 3 V.S.A. § 806, any person may
request that the Commissioner add or remove a chemical from the list of
chemicals of high concern to children.
(e)
PQL value.
A PQL value established under this chapter for individual
chemicals shall depend on the analytical method used for each chemical.
The
PQL value shall be based on scientifically defensible, standard analytical
methods as advised by guidance published by the Department.
§ 1774.
CHEMICALS OF HIGH CONCERN TO CHILDREN WORKING
GROUP
(a)
Creation.
A Chemicals of High Concern to Children Working Group
(Working Group) is created within the Department of Health for the purpose of
providing the Commissioner of Health advice and recommendations regarding
implementation of the requirements of this chapter.
(b)
Membership.
(1)
The Working Group shall be composed of the following members
who, except for ex officio members, shall be appointed by the Governor after
consultation with the Commissioner of Health:
(A)
the Commissioner of Health or designee, who shall be the chair
of the Working Group;
(B)
the Commissioner of Environmental Conservation or designee;
(C)
the State toxicologist or designee;
(D)
a representative of a public interest group in the State with
experience in advocating for the regulation of toxic substances;
(E)
a representative of an organization within the State with expertise
- 2212 -
in issues related to the health of children or pregnant women;
(F)
two representatives of businesses in the State that use chemicals
in a manufacturing or production process or use chemicals that are used in a
children’s product manufactured in the State;
(G)
a scientist with expertise regarding the toxicity of chemicals; and
(H)
a representative of the children’s products industry with expertise
in existing state and national policies impacting children’s products.
(2)(A)
In addition to the members of the Working Group appointed
under subdivision (1) of this subsection, the Governor may appoint up to three
additional adjunct members.
(B)
An adjunct member appointed under this subdivision (2) shall
have expertise or knowledge of the chemical or children’s product under
review or shall have expertise or knowledge in the potential health effects of
the chemical at issue.
(C)
Adjunct members appointed under this subdivision (2) shall have
the same authority and powers as a member of the Working Group appointed
under subdivision (1) of this subsection (b).
(3)
The members of the Working Group appointed under subdivision (1)
of this subsection shall serve staggered three-year terms.
The Governor may
remove members of the Working Group who fail to attend three consecutive
meetings and may appoint replacements.
The Governor may reappoint
members to serve more than one term.
(c)
Powers and duties.
The Working Group shall:
(1)
upon the request of the Chair of the Working Group, review
proposed chemicals for listing as a chemical of high concern to children under
section 1773 of this title; and
(2)
recommend to the Commissioner of Health whether rules should be
adopted under section 1776 of this title to regulate the sale or distribution of a
children’s product containing a chemical of high concern to children.
(d)
Commissioner of Health recommendation; assistance.
(1)
Beginning
on
July
1,
2017,
and
biennially
thereafter,
the
Commissioner of Health shall recommend chemicals of high concern to
children in children’s products for review by the Working Group.
The
Commissioner’s recommendations shall be based on the degree of human
health risks, exposure pathways, and impact on sensitive populations presented
by a chemical of high concern to children.
- 2213 -
(2)
The Working Group shall have the administrative, technical, and
legal assistance of the Department of Health and the Agency of Natural
Resources.
(e)
Meetings.
(1)
The Chair of the Working Group may convene the Working Group
at any time, but no less frequently than at least once every other year.
(2)
A majority of the members of the Working Group, including adjunct
members when appointed, shall constitute a quorum, and all action shall be
taken upon a majority vote of the members present and voting.
(f)
Reimbursement.
Members of the Working Group, including adjunct
members, whose participation is not supported through their employment or
association shall receive per diem compensation pursuant to 32 V.S.A. § 1010
and reimbursement of travel expenses.
A per diem authorized by this section
shall be paid from the budget of the Department of Health.
§
1775.
DISCLOSURE
OF
INFORMATION
ON
CHEMICALS
OF
HIGH CONCERN
(a)
Notice requirement.
Unless the Commissioner adopts by rule a
phased-in reporting requirement under section 1776, beginning on July 1,
2015, and biennially thereafter, a manufacturer of a children’s product or a
trade association representing a manufacturer of children’s products shall
submit to the Department the notice described in subsection (b) of this section
if a chemical of high concern to children is:
(1)
intentionally added to a children’s product at a level above the PQL
produced by the manufacturer; or
(2)
present in a children’s product produced by the manufacturer as a
contaminant at a concentration of 100 parts per million or greater.
(b)
Format for notice.
The Commissioner shall specify the format for
submission of the notice required by subsection (a) of this section, provided
that the required format shall be generally consistent with the format for
submission of notice in other states with requirements substantially similar to
the requirements of this section.
Any notice submitted under subsection (a)
shall contain the following information:
(1)
the name of the chemical used or produced and its chemical abstracts
service registry number;
(2)
a description of the product or product component containing the
substance;
(3)
the amount of the chemical by weight contained in each unit of the
- 2214 -
product or product component;
(4)
the name and address of the manufacturer of the children’s product
and the name, address, and telephone number of a contact person for the
manufacturer;
(5)
any other information the manufacturer deems relevant to the
appropriate use of the product; and
(6)
any other information required by the Commissioner under rules
adopted pursuant to 3 V.S.A. chapter 25.
(c)
Reciprocal data-sharing.
In order for the Department to obtain the
information required in the notice described in subsection (b) of this section,
the Department may enter into reciprocal data-sharing agreements with other
states in which a manufacturer of children’s products is also required to
disclose information related to chemicals of high concern to children in
children’s
products.
The
Department
shall
not
disclose
trade
secret
information, confidential business information, or other information designated
as confidential by law under a reciprocal data-sharing agreement.
(d)
Waiver of reporting requirement.
Upon application of a manufacturer
on a form provided by the Department, the Commissioner may waive reporting
requirements under this section if a manufacturer submitted the information
required by this section to:
(1)
a state with which the Department has entered a reciprocal
data-sharing agreement; or
(2)
a trade association, the Interstate Chemicals Clearinghouse, or other
independent third party, if:
(A)
the
information
reported
to
the
third
party
is
publicly
available; and
(B)
the information required to be reported for chemicals under this
chapter is provided to the third party and access to that information is or will
be clearly available from the Department of Health website.
(e)
Chemical control program.
A manufacturer shall be exempt from the
requirements of notice under this section for any chemical of high concern to
children that is present in a children’s product or component of a children’s
product only as a contaminant if, during manufacture of the children’s product,
the manufacturer was implementing a manufacturing control program and
exercised due diligence to minimize the presence of the contaminant in the
children’s product.
(f)
Notice of removal of chemical.
A manufacturer who submitted the
- 2215 -
notice required by subsection (a) of this section may at any time submit to the
Department notice that a chemical of high concern to children has been
removed from the manufacturer’s children’s product or that the manufacturer
no longer sells, offers for sale, or distributes in the State the children’s product
containing the chemical of high concern to children.
Upon verification of a
manufacturer’s notice under this subsection, the Commissioner shall promptly
remove from the Department website any reference to the relevant children’s
product of the manufacturer.
(g)
Certificate of compliance.
A manufacturer required to submit notice
under this section to the Commissioner may rely on a certificate of compliance
from suppliers for determining reporting obligations.
(h)
Products for sale out of State.
A manufacturer shall not be required to
submit notice under this section for a children’s product manufactured, stored
in, or transported through Vermont solely for use or sale outside of the State of
Vermont.
(i)
Publication of information; disclaimer.
The Commissioner shall post on
the Department of Health website information submitted under this section by
a manufacturer.
When the Commissioner posts on the Department of Health
website information submitted under this section by a manufacturer, the
Commissioner shall provide the following notice:
“The reports on this website are based on data provided to the Department.
The presence of a chemical in a children’s product does not necessarily mean
that the product is harmful to human health or that there is any violation of
existing safety standards or laws.
The reporting triggers are not health-based
values.”
(j)
Fee.
A manufacturer required under this section to provide information
on its use of a chemical of high concern to children shall pay a fee of
$2,000.00 per chemical of high concern to children used by the manufacturer
in the production of children’s products.
A fee required under this subsection
shall be submitted when the manufacturer provides the first submission of
notice required under this section for each chemical of high concern to
children.
The fee required shall be required only with the first submission of
notice required under this section and shall not be required for each required
subsequent biennial notice.
Fees collected under this subsection shall be
deposited in the Chemicals of High Concern Fund for the purposes of that
Fund.
(k)
Application of section.
The requirements of this section shall apply
unless a manufacturer is exempt or unless notice according to the requirements
of this section is specifically preempted by federal law.
In the event of conflict
- 2216 -
between the requirements of this section and federal law, federal law shall
control.
§ 1776.
RULEMAKING;
ADDITIONAL CHEMICALS OF CONCERN TO
CHILDREN; PROHIBITION OF SALE
(a)
Rulemaking authority.
The Commissioner shall, after consultation with
the Secretary of Natural Resources, adopt rules as necessary for the purposes
of implementing, administering, or enforcing the requirements of this chapter.
(b)
Additional chemicals of concern to children.
The Commissioner may
by rule add additional chemicals to the list of chemicals of high concern to
children, provided that the Commissioner of Health, on the basis of the weight
of credible, scientific evidence, has determined that a chemical proposed for
addition to the list meets both of the following criteria in subdivisions (1) and
(2) of this subsection:
(1)
The Commissioner of Health has determined that an authoritative
governmental entity or accredited research university has demonstrated that the
chemical:
(A)
harms the normal development of a fetus or child or causes other
developmental toxicity;
(B)
causes cancer, genetic damage, or reproductive harm;
(C)
disrupts the endocrine system;
(D)
damages the nervous system, immune system, or organs or cause
other systemic toxicity; or
(E)
is a persistent bioaccumulative toxic.
(2)
The chemical has been found through:
(A)
biomonitoring to be present in human blood, umbilical cord
blood, breast milk, urine, or other bodily tissues or fluids;
(B)
sampling and analysis to be present in household dust, indoor air,
drinking water, or elsewhere in the home environment; or
(C)
monitoring to be present in fish, wildlife, or the natural
environment.
(c)
Removal of chemical from list.
The Commissioner may by rule remove
a chemical from the list of chemicals of high concern to children established
under section 1773 of this title or rules adopted under this section if the
Commissioner determines that the chemical no longer meets both of the
criteria of subdivisions (b)(1) and (2) of this section.
- 2217 -
(d)
Rule to regulate sale or distribution.
(1)
The Commissioner, upon the recommendation of the Chemicals of
High Concern to Children Working Group, may adopt a rule to regulate the
sale or distribution of a children’s product containing a chemical of high
concern to children upon a determination that:
(A)
children will be exposed to a chemical of high concern to
children in the children’s product; and
(B)
there is a probability that, due to the degree of exposure or
frequency of exposure of a child to a chemical of high concern to children in a
children’s product, exposure could cause or contribute to one or more of the
adverse health impacts listed under subdivision (b)(1) of this section.
(2)
In determining whether children will be exposed to a chemical of
high concern in a children’s product, the Commissioner shall review available,
credible information regarding:
(A)
the market presence of the children’s product in the State;
(B)
the type or occurrence of exposures to the relevant chemical of
high concern to children in the children’s product;
(C)
the household and workplace presence of the children’s product;
(D)
the potential and frequency of exposure of children to the
chemical of high concern to children in the children’s product.
(3)
A rule adopted under this section may:
(A)
prohibit the children’s product containing the chemical of high
concern to children from sale, offer for sale, or distribution in the State; or
(B)
require that the children’s product containing the chemical of
high concern to children be labeled prior to sale, offer for sale, or distribution
in the State.
(4)
In any rule adopted under this subsection, the Commissioner shall
adopt reasonable time frames for manufacturers, distributors, and retailers to
comply with the requirements of the rules.
No prohibition on sale or
manufacture of a children’s product in the State shall take effect sooner than
two years after the adoption of a rule adopted under this section unless the
Commissioner determines that an earlier effective date is required to protect
human health and the new effective date is established by rule.
(e)
Exemption for chemical management strategy.
In adopting a rule under
this section, the Commissioner may exempt from regulation a children’s
product containing a chemical of high concern to children if the manufacturer
- 2218 -
of
the
children’s
product
is
implementing
a
comprehensive
chemical
management strategy designed to eliminate harmful substances or chemicals
from the manufacturing process.
(f)
Additional rules.
(1)
On or before July 1, 2017, the Commissioner of Health shall adopt
by rule the process and procedure to be required when the Commissioner of
Health adopts a rule under subsection (b) or (c) of this section.
The rule shall
provide all relevant criteria for evaluation of the chemical, time frames for
labeling or phasing out sale or distribution, and other information or process
determined as necessary by the Commissioner for implementation of this
chapter.
(2)
The Commissioner may, by rule, authorize a manufacturer to report
ranges of the amount of a chemical in a children’s product, rather than the
exact amount, provided that if there are multiple chemical values for a given
component in a particular product category, the manufacturer shall use the
largest value for reporting.
(3)
Notwithstanding the required reporting dates under section 1774 of
this
title,
the
Commissioner
may
adopt
by
rule
phased-in
reporting
requirements for chemicals of high concern to children in children’s products
based on the size of the manufacturer, aggregate sales of children’s products,
or the exposure profile of the chemical of high concern to children in the
children’s product,
(g)
Additional public participation.
In addition to the public participation
requirements of 3 V.S.A. chapter 25 and prior to submitting a rule authorized
under this section to the Secretary of State under 3 V.S.A. § 838, the
Commissioner shall make reasonable efforts to consult with interested parties
within the State regarding any proposed prohibition of a chemical of high
concern
to
children.
The
Commissioner
may
satisfy
the
consultation
requirement of this section through the use of one or more workshops, focused
work groups, dockets, meetings, or other forms of communication.
§ 1777.
CHEMICALS OF HIGH CONCERN TO CHILDREN FUND
(a)
The Chemicals of High Concern to Children Fund is established in the
State Treasury, separate and distinct from the General Fund, to be administered
by the Commissioner of Health.
Interest earned by the Fund shall be credited
to the Fund.
Monies in the Fund shall be made available to the Department of
Health and the Agency of Natural Resources to pay costs incurred in
administration of the requirements of this chapter.
(b)
The Chemicals of High Concern to Children Fund shall consist of:
- 2219 -
(1)
fees and charges collected under section 1775 of this chapter;
(2)
private gifts, bequests, grants, or donations made to the State from
any public or private source for the purposes for which the Fund was
established; and
(3)
such sums as may be appropriated by the General Assembly.
§ 1778.
CONFIDENTIALITY
Information submitted to or acquired by the Department or the Chemicals of
High Concern to Children Working Group under this chapter may be subject to
public inspection or copying or may be published on the Department website,
provided that trade secret information and confidential business information
shall be exempt from public inspection and copying under 1 V.S.A. § 317(c)(9)
and information otherwise designated confidential by law shall be exempt from
public inspection and copying under 1 V.S.A. § 317(c)(1).
It shall be the
burden of the manufacturer to assert that information submitted under this
chapter is a trade secret, confidential business information, or is otherwise
designated confidential by law.
When a manufacturer asserts under this
section that the specific identity of a chemical of high concern to children in a
children’s product is a trade secret, the Commissioner shall, in place of the
specific chemical identity, post on the Department’s website the generic class
or category of the chemical in the children’s product and the potential health
effect of the specific chemical of high concern to children.
§ 1779.
VIOLATIONS; ENFORCEMENT
A violation of this chapter shall be considered a violation of the Consumer
Protection Act in 9 V.S.A. chapter 63.
The Attorney General has the same
authority to make rules, conduct civil investigations, enter into assurances
of discontinuance,
and
bring
civil
actions
under
9
V.S.A.
chapter
63,
subchapter 1.
Private parties shall not have a private right of action under this
chapter.
Sec. 3.
REPORT TO GENERAL ASSEMBLY; CHEMICALS OF HIGH
CONCERN TO CHILDREN
On or before January 15, 2015, and biennially thereafter, the Commissioner
of Health, after consultation with the Secretary of Natural Resources, shall
submit to the Senate Committee on Health and Welfare, the House Committee
on Human Services, the House Committee on Ways and Means, the Senate
Committee
on
Finance,
and
the
Senate
and
House
Committees
on
Appropriations,
a
report
concerning
implementation,
administration,
and
financing by the Department of Health of the requirements of 18 V.S.A.
chapter 38A regarding the chemicals of high concern to children.
The report
- 2220 -
shall include:
(1)
Any updates to the list of chemicals of high concern to children
required under 18 V.S.A. § 1773.
(2)
The number of manufacturers providing notice under 18 V.S.A.
§ 1775 regarding whether a children’s product includes a chemical of high
concern to children.
(3)
The number of chemicals of high concern to children for which
manufacturers asserted trade secret protection for the specific identity of the
chemical, and a recommendation of whether a process should be established to
review the validity of asserted trade secrets.
(4)
An estimate of the annual cost to the Department of Health to
implement the chemicals of high concern to children program.
(5)
The
number
of
Department
of
Health
employees
needed
to
implement the chemicals of high concern to children program.
(6)
An estimate of additional funding that the Department may require
to implement the chemicals of high concern to children program.
(7)
A recommendation of how the State should collaborate with other
states in implementing the requirements of the chemicals of high concern to
children program.
(8)
A recommendation as to whether the requirements of this chapter
should be expanded to consumer products other than children’s products.
Sec. 4.
EFFECTIVE DATE
This act shall take effect on passage.
(Committee vote: 6-3 )
(For text see Senate Journal March 26, 27, 2014 )
S. 247
An act relating to the regulation of medical marijuana dispensaries
Rep. Burditt of West Rutland,
for the Committee on
Human Services,
recommends that the House propose to the Senate that the bill be amended by
striking all after the enacting clause and inserting in lieu thereof the following:
Sec. 1.
18 V.S.A. § 4472 is amended to read:
§ 4472.
DEFINITIONS
As used in this subchapter:
(1)
“Bona fide health care professional-patient relationship” means a
- 2221 -
treating or consulting relationship of not less than six months’ duration, in the
course of which a health care professional has completed a full assessment of
the
registered
patient’s
medical
history
and
current
medical
condition,
including a personal physical examination.
The six-month requirement shall
not apply if a patient has been diagnosed with:
(A)
a terminal illness,
(B)
cancer with distant metastases, or
(C) acquired immune deficiency syndrome.
* * *
(4) “Debilitating medical condition,” provided that, in the context of the
specific disease or condition described in subdivision (A) or (B) of this
subdivision (4), reasonable medical efforts have been made over a reasonable
amount of time without success to relieve the symptoms, means:
(A)
cancer,
multiple
sclerosis,
positive
status
for
human
immunodeficiency
virus,
acquired
immune
deficiency
syndrome,
or
the
treatment of these conditions, if the disease or the treatment results in severe,
persistent, and intractable symptoms; or
(B) a disease, medical condition, or its treatment that is chronic,
debilitating, and produces severe, persistent, and one or more of the following
intractable symptoms: cachexia or wasting syndrome; severe pain; severe
nausea; or seizures.
(5)
“Dispensary” means a nonprofit entity registered under section
4474e
of
this
title
which
acquires,
possesses,
cultivates,
manufactures,
transfers, transports, supplies, sells, or dispenses marijuana, marijuana-infused
products, and marijuana-related supplies and educational materials for or to a
registered patient who has designated it as his or her center and to his or her
registered caregiver for the registered patient’s use for symptom relief.
A
dispensary may provide marijuana for symptom relief to registered patients at
only one facility or location but may have a second location associated with
the dispensary where the marijuana is cultivated or processed.
Both locations
are considered to be part of the same dispensary.
(6)(A)
“Health care professional” means an individual licensed to
practice medicine under 26 V.S.A. chapter 23 or 33, an individual licensed as a
naturopathic physician under 26 V.S.A. chapter 81 who has a special license
endorsement authorizing the individual to prescribe, dispense, and administer
prescription medicines, an individual certified as a physician assistant under
26 V.S.A. chapter 31, or an individual licensed as an advanced practice
registered nurse under 26 V.S.A. chapter 28.
- 2222 -
(B)
Except for naturopaths, this definition includes individuals who
are professionally licensed under substantially equivalent provisions in New
Hampshire, Massachusetts, or New York.
* * *
(14)
“Transport”
means
the
movement
of
marijuana
and
marijuana-infused
products
from
registered
growing
locations
to
their
associated
dispensaries,
between
dispensaries,
to
registered
patients
and
registered caregivers in accordance with delivery protocols, or as otherwise
allowed under this subchapter.
(15)
“Usable marijuana” means the dried leaves and flowers of
marijuana, and any mixture or preparation thereof, and does not include the
seeds, stalks, and roots of the plant.
(15)(16)
“Use for symptom relief” means the acquisition, possession,
cultivation, use, transfer, or transportation of marijuana, or paraphernalia
relating to the administration of marijuana to alleviate the symptoms or effects
of a registered patient’s debilitating medical condition which is in compliance
with all the limitations and restrictions of this subchapter.
For the purposes of
this
definition,
“transfer”
is
limited
to
the
transfer
of
marijuana
and
paraphernalia between a registered caregiver and a registered patient.
Sec. 2.
18 V.S.A. § 4474 is amended to read:
§ 4474.
REGISTERED CAREGIVERS; QUALIFICATION STANDARDS
AND PROCEDURES
(a)
A person may submit a signed application to the department of public
safety Department of Public Safety to become a registered patient’s registered
caregiver.
The department Department shall approve or deny the application
in writing within 30 days.
In accordance with rules adopted pursuant to
section 4474d of this title, the Department shall consider an individual’s
criminal history record when making a determination as to whether to approve
the application.
An applicant shall not be denied solely on the basis of a
criminal conviction that is not listed in subsection 4474g(e) of this title or
The department Department shall approve a registered
caregiver’s application and issue the person an authorization card, including
the caregiver’s name, photograph, and a unique identifier, after verifying:
(1)
the person will serve as the registered caregiver for one registered
patient only; and
(2)
the person has never been convicted of a drug-related crime.
(b)
Prior to acting on an application, the department Department shall
obtain from the Vermont criminal information center Crime Information
- 2223 -
Center a Vermont criminal record, an out-of-state criminal record, and a
criminal record from the Federal Bureau of Investigation for the applicant.
For
purposes of this subdivision, “criminal record” means a record of whether the
person has ever been convicted of a drug-related crime.
Each applicant shall
consent to release of criminal records to the department Department on forms
substantially similar to the release forms developed by the center Center
pursuant to 20 V.S.A. § 2056c.
The department Department shall comply with
all laws regulating the release of criminal history records and the protection of
individual
privacy.
The
Vermont criminal
information
center Crime
Information Center shall send to the requester any record received pursuant to
this section or inform the department of public safety Department that no
record exists.
If the department Department disapproves an application, the
department Department shall promptly provide a copy of any record of
convictions and pending criminal charges to the applicant and shall inform the
applicant of the right to appeal the accuracy and completeness of the record
pursuant to rules adopted by the Vermont criminal information center Crime
Information Center.
No person shall confirm the existence or nonexistence of
criminal record information to any person who would not be eligible to receive
the information pursuant to this subchapter.
(c)(1)
A Except as provided in subdivision (2) of this subsection, a
registered caregiver may serve only one registered patient at a time, and a
registered patient may have only one registered caregiver at a time.
(2)
A registered patient who is under 18 years of age may have two
registered caregivers.
Sec. 3.
18 V.S.A. § 4473(b) is amended to read:
(b)
The department of public safety Department of Public Safety shall
review
applications to become a
registered
patient using the
following
procedures:
(1)
A patient with a debilitating medical condition shall submit, under
oath, a signed application for registration to the department Department.
A
patient’s initial application to the registry shall be notarized, but subsequent
renewals shall not require notarization.
If the patient is under the age of 18
years of age, the application must be signed by both the patient and a parent or
guardian.
The application shall require identification and contact information
for the patient and the patient’s registered caregiver applying for authorization
under section 4474 of this title, if any, and the patient’s designated dispensary
under section 4474e of this title, if any.
The applicant shall attach to the
application
a
medical
verification
form
developed
by
the department
Department pursuant to subdivision (2) of this subsection.
- 2224 -
* * *
Sec. 4.
18 V.S.A. § 4474d(e)–(g) are added to read:
(e)
The Department shall adopt rules for the issuance of a caregiver registry
identification card that shall include standards for approval or denial of an
application based on an individual’s criminal history record.
The rules shall
address whether an applicant who has been convicted of an offense listed in
subsection 4474g(e) of this title or 13 V.S.A. chapter 28 has been rehabilitated
and should be otherwise eligible for a caregiver registry identification card.
(f)
The Department shall adopt rules establishing protocols for the safe
delivery of marijuana to patients and caregivers.
(g)
The Department shall adopt rules for granting a waiver of the
dispensary possession limits in section 4474e of this title upon application of a
dispensary for the purpose of developing and providing a product for symptom
relief to a registered patient who is under 18 years of age who suffers from
seizures.
Sec. 5.
18 V.S.A. § 4474e is amended to read:
§ 4474e.
DISPENSARIES; CONDITIONS OF OPERATION
(a)
A dispensary registered under this section may:
(1)
Acquire, possess, cultivate, manufacture, transfer, transport, supply,
sell,
and
dispense
marijuana,
marijuana-infused
products,
and
marijuana-related supplies and educational materials for or to a registered
patient who has designated it as his or her dispensary and to his or her
registered caregiver for the registered patient’s use for symptom relief.
For
purposes of this section, “transport” shall mean the movement of marijuana or
marijuana-infused
products
from
registered
growing
locations
to
their
associated dispensaries, between dispensaries, or as otherwise allowed under
this subchapter.
(A)
Marijuana-infused products shall include tinctures, oils, solvents,
and edible or potable goods.
Only the portion of any marijuana-infused
product that is attributable to marijuana shall count toward the possession
limits of the dispensary and the patient.
The department of public safety
Department of Public Safety shall establish by rule the appropriate method to
establish the weight of marijuana that is attributable to marijuana-infused
products.
(B)
Marijuana-related supplies shall include pipes, vaporizers, and
other items classified as drug paraphernalia under chapter 89 of this title.
(2)
Acquire marijuana seeds or parts of the marijuana plant capable of
- 2225 -
regeneration from or dispense them to registered patients or their caregivers or
acquire them from another registered Vermont dispensary, provided that
records are kept concerning the amount and the recipient.
(3)(A)
Cultivate and possess at any one time up to 28 mature marijuana
plants, 98 immature marijuana plants, and 28 ounces of usable marijuana.
However, if a dispensary is designated by more than 14 registered patients, the
dispensary may cultivate and possess at any one time two mature marijuana
plants, seven immature plants, and two four ounces of usable marijuana for
every registered patient for which the dispensary serves as the designated
dispensary.
(B)
Notwithstanding
subdivision
(A) of
this
subdivision, if
a
dispensary is designated by a registered patient under 18 years of age who
qualifies for the registry because of seizures, the dispensary may apply to the
Department for a waiver of the limits in subdivision (A) of this subdivision (3)
if additional capacity is necessary to develop and provide an adequate supply
of a product for symptom relief for the patient.
The Department shall have
discretion whether to grant a waiver and limit the possession amounts in excess
of subdivision (A) of this subdivision (3) in accordance with rules adopted
pursuant to section 4474d of this title.
* * *
(d)(1)
A dispensary shall implement appropriate security measures to deter
and prevent the unauthorized entrance into areas containing marijuana and the
theft of marijuana and shall ensure that each location has an operational
security alarm system.
All cultivation of marijuana shall take place in an
enclosed, locked facility which is either indoors or otherwise not visible to the
public and which can only be accessed by principal officers and employees of
the dispensary who have valid registry identification cards.
The department of
public safety Department of Public Safety shall perform an annual on-site
assessment of each dispensary and may perform on-site assessments of a
dispensary without limitation for the purpose of determining compliance with
this subchapter and any rules adopted pursuant to this subchapter and may
enter a dispensary at any time for such purpose.
During an inspection, the
department Department may review the dispensary’s confidential records,
including its dispensing records, which shall track transactions according to
registered
patients’
registry
identification
numbers
to
protect
their confidentiality.
(2)(A)
A registered patient or registered caregiver may obtain marijuana
from the dispensary facility by appointment only.
(B)
A dispensary may deliver marijuana to a registered patient or
- 2226 -
registered caregiver.
The marijuana shall be transported in a locked container.
(3)
The operating documents of a dispensary shall include procedures
for
the
oversight
of
the
dispensary
and
procedures
to
ensure
accurate
record-keeping.
(4)
A dispensary shall submit the results of an annual a financial audit to
the department of public safety Department of Public Safety no later than
60 days after the end of the dispensary’s first fiscal year, and every other year
thereafter.
The annual audit shall be conducted by an independent certified
public accountant, and the costs of any such audit shall be borne by the
dispensary.
The department Department may also periodically require, within
its discretion, the audit of a dispensary’s financial records by the department
Department.
(5)
A
dispensary
shall
destroy
or
dispose
of
marijuana,
marijuana-infused products, clones, seeds, parts of marijuana that are not
usable for symptom relief or are beyond the possession limits provided by this
subchapter, and marijuana-related supplies only in a manner approved by rules
adopted by the department of public safety Department of Public Safety.
* * *
(n)
Nothing in this subchapter shall prevent a dispensary from acquiring,
possessing, cultivating, manufacturing, transferring, transporting, supplying,
selling, and dispensing hemp and hemp-infused products for symptom relief.
“Hemp” shall have the same meaning as provided in 6 V.S.A. § 562.
A
dispensary shall not be required to comply with the provisions of 6 V.S.A.
Sec. 6.
18 V.S.A. § 4474f is amended to read:
§
4474f.
DISPENSARY
APPLICATION,
APPROVAL,
AND
REGISTRATION
* * *
(b)
Within 30 days of the adoption of rules, the department Department
shall begin accepting applications for the operation of dispensaries.
Within
365 days of the effective date of this section, the department Department shall
grant registration certificates to four dispensaries, provided at least four
applicants apply and meet the requirements of this section.
No more than four
dispensaries shall hold valid registration certificates at one time.
The total
statewide number of registered patients who have designated a dispensary shall
not exceed 1,000 at any one time.
Any time a dispensary registration
certificate is revoked, is relinquished, or expires, the department Department
shall accept applications for a new dispensary.
If at any time after one year
- 2227 -
after the effective date of this section fewer than four dispensaries hold valid
registration
certificates
in
Vermont,
the department
of
public safety
Department of Public Safety shall accept applications for a new dispensary.
* * *
(g)
After a dispensary is approved but before it begins operations, it shall
submit the following to the department of public safety Department:
* * *
(4)
A registration fee of $20,000.00 for the first year of operation, and
an annual fee of $30,000.00 in subsequent years.
Sec. 7.
18 V.S.A. § 4474m is added to read:
§
4474m.
DEPARTMENT
OF
PUBLIC
SAFETY;
PROVISION
OF
EDUCATIONAL AND SAFETY INFORMATION
The Department of Public Safety shall provide educational and safety
information developed by Vermont Department of Health to each registered
patient upon registration pursuant to section 4473 of this title, and to each
registered caregiver upon registration pursuant to section 4474 of this title.
Sec. 8.
DEPARTMENT OF HEALTH REPORT; POST-TRAUMATIC
STRESS DISORDER
The Department of Health shall review and report on the existing research
on the treatment of the symptoms of post traumatic stress disorder, as defined
by the American Psychiatric Association’s Diagnostic and Statistical Manual
of Mental Disorders, as well as the existing research on the use of marijuana
for relief of the symptoms of post traumatic stress disorder.
The Department
shall report its findings to the General Assembly on or before January 15,
2015.
Sec. 9.
EFFECTIVE DATES
This section and Sec. 4 shall take effect on passage and the remaining
sections shall take effect on July 1, 2014.
and that after passage the title of the bill be amended to read: “An act relating
to the regulation of marijuana for symptom relief and dispensaries”
(Committee vote: 11-0-0 )
(For text see Senate Journal February 28, 2014 )
Rep. Ram of Burlington,
for the Committee on
Ways and Means,
recommends the bill ought to pass when amended as recommended by the
Committee on
Human Services
and when further amended as follows:
- 2228 -
By adding a Sec. 8a to read:
Sec. 8a.
TAXATION AND REGULATION OF MARIJUANA; REPORT
On or before January 15, 2015, the Secretary of Administration shall report
to the General Assembly regarding the taxation and regulation of marijuana in
Vermont.
The report shall analyze:
(1)
the possible taxing systems for the sale of marijuana in Vermont,
including sales and use taxes and excise taxes, and the potential revenue each
may raise;
(2)
any savings or costs to the State that would result from regulating
marijuana; and
(3)
the experiences of other states with regulating and taxing marijuana.
( Committee Vote: 8-2-1)
Amendment to be offered by Rep. Masland of Thetford to S. 247
Sec. 1, 18 V.S.A. § 4472, in subdivision (4)(A), by inserting after “acquired
immune deficiency syndrome,” post traumatic stress disorder as defined by the
American Psychiatric Association’s Diagnostic and Statistical Manual of
Mental Disorders, Fifth Edition or subsequent edition,
Amendment to be offered by Reps. Burditt of West Rutland, Batchelor
of
Derby,
Donahue
of
Northfield,
Frank
of
Underhill,
French
of
Randolph, Haas of Rochester, Krowinski of Burlington, McFaun of Barre
Town, Mrowicki of Putney, Pugh of South Burlington, and Trieber of
Rockingham to S. 247
First:
In Sec. 1, 18 V.S.A. § 4472, in subdivision (6)(A), after the words
“administer prescription medicines” by inserting the phrase “to the extent that
a diagnosis provided by a naturopath under this chapter is within the scope of
his or her practice”
Second:
In Sec. 8, after the words “Department of Health” by inserting the
phrase: “, in consultation with the Department of Mental Health,”
S. 275
An act relating to the Court’s jurisdiction over youthful offenders
Rep.
Wizowaty
of
Burlington,
for
the
Committee
on
Judiciary,
recommends that the House propose to the Senate that the bill be amended by
striking all after the enacting clause and inserting in lieu thereof the following:
Sec. 1.
YOUTHFUL OFFENDERS; LEGISLATIVE INTENT
The maximum age at which a person may be treated as a youthful offender
- 2229 -
varies under two different statutes under 33 V.S.A. chapter 52.
A person may
be treated as a youthful offender until the person reaches 22 years of age under
33 V.S.A. § 5104(a); however, in some circumstances, a person may be treated
as a youthful offender until the person reaches 23 years of age under 33 V.S.A.
§ 5204a(b)(2)(A).
This distinction is intentional.
Sec.
2.
EFFECTIVE DATE
This act shall take effect on passage.
(Committee vote: 11-0-0 )
(For text see Senate Journal February 25, 2014 )
S. 291
An act relating to the establishment of transition units at State correctional
facilities
Rep. Hooper of Montpelier,
for the Committee on
Corrections and
Institutions,
recommends that the House propose to the Senate that the bill be
amended by striking all after the enacting clause and inserting in lieu thereof
the following:
Sec.
1.
TRANSITIONAL
FACILITIES;
DEPARTMENT
OF
CORRECTIONS; STUDY
(a)
Findings.
The General Assembly finds that the Department of
Corrections has experienced a rise in costs of $17,624,076.00 since FY 2012.
The General Assembly further finds that there are offenders in the State of
Vermont who are eligible for release from State correctional facilities but who
are not released due to a lack of suitable housing.
The General Assembly
further finds that recidivism is reduced and public safety is enhanced when
offenders receive supervision as they transition to their home community.
Therefore, it is the intent of the General Assembly that the Department of
Corrections shall explore the creation of secure transitional facilities so that
offenders may return to their home communities.
It is also the intent of the
General Assembly that the housing in these facilities include programs for
employment, training, transportation, and other appropriate services.
It is also
the intent of the General Assembly that the Department of Corrections work
with communities to gain support for these programs and services.
(b)
Recommendations.
The Commissioner of Corrections shall examine
and make recommendations for the establishment of transitional facilities
under the supervision of the Department of Corrections.
The recommendations
shall include an evaluation of costs associated with establishing transitional
facilities, a detailed budget for funding transitional facilities, an estimate of
State capital funding needs, potential site locations, a summary of the
- 2230 -
programming
and
services
that
are
currently
available
to
transitioning
offenders, proposals for programming and services for transitioning offenders
that may be needed, and eligibility guidelines for offenders to reside in
transitional facilities, including the number of offenders who would be eligible
for residence in a transitional facility.
(c)
Report.
On or before January 15, 2015, the Commissioner of
Corrections shall submit the recommendations described in subsection (b) of
this section to the House Committee on Corrections and Institutions and the
Senate Committee on Institutions.
(d)
Definitions.
As used in this section, “transitional facility” means
housing intended to be occupied by offenders granted furloughs to work in the
community.
Sec. 2.
EFFECTIVE DATE
This act shall take effect on July 1, 2014.
(Committee vote: 9-1-1 )
(For text see Senate Journal February 5, 2014 )
S. 297
An act relating to the recording of custodial interrogations in homicide and
sexual assault cases
Rep. Grad of Moretown,
for the Committee on
Judiciary,
recommends
that the House propose to the Senate that the bill be amended as follows:
First:
In Sec. 1, in 13 V.S.A. § 5581(a)(2), before the word “capacity” by
inserting
current
and
in
13
V.S.A.
§ 5581(b)(2),
by
striking
out
“simultaneously record” and inserting in lieu thereof record simultaneously
Second:
By striking out Sec. 2 in its entirety and inserting in lieu thereof a
new Sec. 2 to read:
Sec. 2.
LAW ENFORCEMENT ADVISORY BOARD
(a)
The Law Enforcement Advisory Board (LEAB) shall develop a plan for
the implementation of Sec. 1 of this act, 13 V.S.A. § 5581 (electronic recording
of a custodial interrogation).
(b)
The LEAB, in consultation with practitioners and experts in recording
interrogations, including the Innocence Project, shall:
(1)
assess the scope and location of the current inventory of recording
equipment in Vermont;
(2)
develop recommendations, including funding options, regarding how
- 2231 -
to equip adequately law enforcement with the recording devices necessary to
carry out Sec. 1 of this act, 13 V.S.A. § 5581 (electronic recording of a
custodial interrogation); and
(3)
develop recommendations for expansion of recordings to questioning
by a law enforcement officer that is reasonably likely to elicit an incriminating
response from the subject regarding any felony offense.
(c)
On or before October 1, 2014, the LEAB shall submit a written report to
the Senate and House Committees on Judiciary with its recommendations for
the implementation of Sec. 1 of this act, 13 V.S.A. § 5581 (electronic recording
of a custodial interrogation).
Third:
In Sec. 3, by striking out “July 1, 2015” and inserting in lieu thereof
October 1, 2015.
(Committee vote: 11-0-0 )
(For text see Senate Journal February 5, 2014 )
Favorable
S. 184
An act relating to eyewitness identification policy
Rep. Grad of Moretown,
for the Committee on
Judiciary
, recommends
that the bill ought to pass in concurrence.
(Committee Vote: 11-0-0)
(For text see Senate Journal February 5, 2014 )
S. 283
An act relating to the changing of the name of the Vermont Criminal
Information Center
Rep.
Wizowaty
of
Burlington,
for
the
Committee
on
Judiciary
,
recommends that the bill ought to pass in concurrence.
(Committee Vote: 11-0-0)
(For text see Senate Journal January 31, 2014 )
Senate Proposal of Amendment
H. 650
An act relating to establishing the Ecosystem Restoration and Water Quality
Improvement Special Fund
The Senate proposes to the House to amend the bill as follows:
- 2232 -
By striking out Sec. 2 in its entirety and inserting in lieu thereof new Secs. 2
and 3 to read as follows:
Sec. 2.
2014 Acts and Resolves No. 97, Sec. 1(c) is amended to read:
(c)
Report.
On or before April 15 November 15, 2014, the Secretary of
Natural Resources 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
specific recommendations for administering, implementing, and financing
water quality improvement in Vermont.
The report shall:
* * *
Sec. 3.
EFFECTIVE DATES
(a)
This section and Sec. 2 (ANR report) shall take effect on passage.
(b)
Sec. 1 (Ecosystem Restoration and Water Quality Improvement Special
Fund) shall take effect on July 1, 2014.
(For text see House Journal March 11, 2014 )
Ordered to Lie
S. 91
An act relating to privatization of public schools.
Pending Question: Shall the House propose to the Senate to amend the bill
as offered by Rep. Turner of Milton??
Information Notice
All drafting requests for House Concurrent Resolutions must be in Michael
Chernick's hands by the end of the day on April 22nd.
Thank You.