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House Calendar
Wednesday, April 23, 2014
107th DAY OF THE ADJOURNED SESSION
House Convenes at 1:00 P.M.
TABLE OF CONTENTS
Page No.
ACTION CALENDAR
Action Postponed Until April 23, 2014
Senate Proposal of Amendment
H. 112
The labeling of food produced with genetic engineering ................ 2132
H. 356
Prohibiting littering in or on the waters of the State ....................... 2142
NEW BUSINESS
Favorable with Amendment
J.R.H. 21
Urging Congress to enact the Blue Water Navy Vietnam Veterans
Act of 2013 .................................................................................................. 2144
Rep. Savage for General, Housing and Military Affairs
S. 211
An act relating to permitting of sewage holding and pumpout tanks for
public buildings ........................................................................................... 2145
Rep. Krebs for Fish, Wildlife and Water Resources
S. 247
An act relating to the regulation of medical marijuana dispensaries 2149
Rep. Burditt for Human Services
Rep. Ram for Ways and Means ................................................................... 2156
Rep. Masland Amendment .......................................................................... 2157
Rep. Burditt et al Amendment ..................................................................... 2157
S. 275
An act relating to the Court’s jurisdiction over youthful offenders . 2157
Rep. Wizowaty for Judiciary
S. 291
An act relating to the establishment of transition units at State
correctional facilities ................................................................................... 2158
Rep. Hooper for Corrections and Institutions
S. 297
An act relating to the recording of custodial interrogations in homicide
and sexual assault cases ............................................................................... 2159
Rep. Grad for Judiciary
Favorable
S. 184
An act relating to eyewitness identification policy .......................... 2160
Rep. Grad for Judiciary
S. 283
An act relating to the changing of the name of the Vermont Criminal
Information Center ...................................................................................... 2160
Rep. Fay for Judiciary
Senate Proposal of Amendment
H. 650
Establishing the Ecosystem Restoration and Water Quality
Improvement Special Fund .......................................................................... 2160
NOTICE CALENDAR
Favorable with Amendment
H. 673
Retirement and pension amendments .............................................. 2161
Rep. Martin for Government Operations
H.R. 21
Expressing support for the continuation of the Vermont State Fair
..................................................................................................................... 2165
Rep. Lawrence for Agriculture and Forest Products
S. 70
An act relating to the delivery of raw milk at farmers' markets ......... 2165
Rep. Bartholomew for Agriculture and Forest Products
S. 208
An act relating to solid waste management ...................................... 2170
Rep. Ellis for Natural Resources and Energy
Favorable
J.R.H. 18
Urging Congress to reauthorize the federal terrorism insurance
program ........................................................................................................ 2176
Rep. Kitzmiller for Commerce and Economic Development
S. 177
An act relating to nonjudicial discipline .......................................... 2176
Rep. Head for General, Housing and Military Affairs
Senate Proposal of Amendment
H. 871
Miscellaneous pension changes ....................................................... 2177
Ordered to Lie
S. 91
An act relating to privatization of public schools .............................. 2177
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ORDERS OF THE DAY
ACTION CALENDAR
Action Postponed Until April 23, 2014
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.
(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
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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
commodity agricultural production practices, which contribute to genetic
homogeneity, loss of biodiversity, and increased vulnerability of crops to pests,
diseases, and variable climate conditions.
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(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
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
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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
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
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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
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
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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.
(d)
This section and the requirements of this chapter shall not be construed
to require:
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(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
produced with genetic engineering.
The Office of the Attorney General, after
consultation with the Department of Health, shall approve by procedure the
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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.
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.
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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
the July 2014 official revenue forecast issued under 32 V.S.A. § 305a for
fiscal year 2015; and
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(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
engineering.
The report shall include:
(1)
a recommendation as to whether milk or milk products should be
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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 2/4/2014 )
H. 356
An act relating to prohibiting littering in or on the waters of the State
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.
24 V.S.A. § 2201 is amended to read:
§ 2201.
THROWING, DEPOSITING, BURNING, AND DUMPING
REFUSE; PENALTY; SUMMONS AND COMPLAINT
(a)(1)
Prohibition.
Every person shall be responsible for proper disposal
of his or her own solid waste.
A person shall not throw, dump, deposit, cause,
or permit to be thrown, dumped, or deposited any solid waste as defined in
10 V.S.A. § 6602, refuse of whatever nature, or any noxious thing in or on
lands or waters of the State outside a solid waste management facility certified
by the Agency of Natural Resources.
(2)
It shall be prima facie evidence There shall be a rebuttable
presumption that a person who is identifiable from an examination of illegally
disposed solid waste is the person who violated a provision of this section.
(2)(3)
No person shall burn or cause to be burned in the open or
incinerate in any container, furnace, or other device any solid waste without:
(A)
first having obtained all necessary permits from the Agency of
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Natural
Resources,
the
district
environmental
commission,
and
the
municipality where the burning is to take place; and
(B)
complying with all relevant State and local regulations and
ordinances.
(b)
Prosecution of violations.
A person who violates a provision of this
section commits a civil violation and shall be subject to a civil penalty of not
more than $500.00.
This violation shall be enforceable in the Judicial Bureau
pursuant to the provisions of 4 V.S.A. chapter 29 in an action that may be
brought by a municipal attorney, solid waste management district attorney,
environmental enforcement officer employed
by the Agency of Natural
Resources, grand juror, or designee of the legislative body of the municipality,
or by any duly authorized law enforcement officer.
If the throwing, placing, or
depositing was done from a snowmobile, vessel, or motor vehicle, except a
motor bus, it shall be prima facie evidence there shall be a rebuttable
presumption that the throwing, placing, or depositing was done by the driver
operator of such snowmobile, vessel, or motor vehicle.
Nothing in this section
shall be construed as affecting the operation of an automobile graveyard or
salvage yard as defined in section 2241 of this title, nor shall anything in this
section be construed as prohibiting the installation and use of appropriate
receptacles for solid waste provided by the State or towns.
(c)
Roadside cleanup.
A person found in violation of this section may be
assigned to spend up to 80 hours collecting trash or litter from a specified
segment of roadside or from a specified area of public property.
(d)
The Commissioner of Motor Vehicles shall suspend the motor vehicle
operator’s license or operating privilege of a person found in violation of this
section for a period of ten days if the person fails to pay the penalty set forth in
subsection (b) of this section.
This provision shall not apply if the only
evidence of violation is the presumption set forth in subsection (b) of this
section.
The Bureau shall immediately notify the Commissioner of Motor
Vehicles of the entry of judgment.
[Repealed.]
(e)
Revocation of hunting, fishing, or trapping license.
The Commissioner
of Fish and Wildlife shall revoke the privilege of a person found in violation of
this section from holding a hunting or, fishing, or trapping license, or both, for
a period of one year from the date of the conviction, if the person fails to pay
the penalty set forth in subsection (b) of this section.
The Bureau shall
immediately notify the Commissioner of Fish and Wildlife of the entry of
judgment.
(f)
[Deleted.]
[Repealed.]
(g)
Amendment of complaint.
A person authorized to enforce this section
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may amend or dismiss a complaint issued by that person by marking the
complaint and returning it to the Judicial Bureau.
At the hearing, a person
authorized to enforce this section may amend or dismiss a complaint issued by
that person, subject to the approval of the hearing judge.
(h)
[Deleted.]
[Repealed.]
(i)
Applicability.
Enforcement actions taken under this section shall in no
way preclude the Agency of Natural Resources, the Attorney General, or an
appropriate State prosecutor from initiating other or further enforcement
actions under the civil, administrative, or criminal enforcement provisions of
10 V.S.A. chapter 23, 47, 159, 201, or 211.
To the extent that enforcement
under this section is by an environmental enforcement officer employed by the
Agency of Natural Resources, enforcement under this section shall preclude
other enforcement by the agency Agency for the same offence.
(j)
Definitions.
As used in this section:
(1)
“Motor vehicle” shall have the same meaning as in 23 V.S.A.
§ 4(21).
(2)
“Snowmobile” shall have the same meaning as in 23 V.S.A. § 3801.
(3)
“Vessel” means motor boats, boats, kayaks, canoes, sailboats, and all
other types of watercraft.
(4)
“Waters” shall have the same meaning as in 10 V.S.A. § 1251(13).
Sec. 2. 1 V.S.A. § 377 is added to read:
§ 377.
GREEN UP DAY; RIVER GREEN UP MONTH
(a)
The first Saturday in the month of May is designated as Green Up Day.
(b)
September of each year is designated as River Green Up Month.
Sec. 3.
EFFECTIVE DATE
This act shall take effect on July 1, 2014.
(For text see House Journal 1/28/2014 )
NEW BUSINESS
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:
- 2145 -
First:
By striking out the seventh Whereas clause in its entirety and
inserting in lieu thereof a new seventh Whereas clause to read:
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;
- 2146 -
(B)
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
(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
- 2147 -
pumping vehicles at all times when the structure is occupied; and.
(7)
the The analysis supports a claim under subdivision (a)(3) of this
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
- 2148 -
wastewater systems, including permits, by rule, for sewerage connections;
(B)
has hired, appointed, or retained on contract, or will hire, appoint,
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
- 2149 -
authority under 10 V.S.A. § 1964 for the agency, permitting municipalities,
and permit applicants; and
(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. 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
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
- 2150 -
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.
(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
- 2151 -
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
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
- 2152 -
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.
* * *
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.
- 2153 -
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
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
- 2154 -
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
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
- 2155 -
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
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
- 2156 -
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:
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)
- 2157 -
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
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 )
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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
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
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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
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).
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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. Fay of St. Johnsbury,
for the Committee on
Judiciary
, recommends
that the bill ought to pass in concurrence.
(Committee Vote: 11-0-0)
(No Senate Amendments )
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:
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:
* * *
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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 )
NOTICE CALENDAR
Favorable with Amendment
H. 673
An act relating to retirement and pension amendments
Rep. Martin of Wolcott,
for the Committee on
Government Operations,
recommends the bill be amended by striking all after the enacting clause and
inserting in lieu thereof the following:
Sec. 1.
16 V.S.A. § 1944b is added to read:
§ 1944b.
RETIRED TEACHERS’ HEALTH AND MEDICAL BENEFITS
FUND
(a)
There is established a Retired Teachers’ Health and Medical Benefits
Fund (Benefits Fund) to pay retired teacher health and medical benefits,
including prescription drug benefits, when due in accordance with the terms
established by the Board of Trustees of the State Teachers’ Retirement System
of Vermont pursuant to subsection 1942(p) and subdivision 1944(c)(12) of this
title.
The Benefits Fund shall be administered by the Treasurer.
(b)
The Benefits Fund shall consist of:
(1)
all monies remitted to the State on behalf of the members of the
State Teachers’ Retirement System of Vermont for prescription drug plans
pursuant to the Employer Group Waiver Plan with Wrap pursuant to the
Medicare Prescription Drug Improvement and Modernization Act of 2003;
(2)
any monies appropriated by the General Assembly for the purpose of
paying
the
health
and
medical
benefits
for
retired
members
and
their
dependents provided by subsection 1942(p) and subdivision 1944(c)(12) of
this title;
(3)
any monies pursuant to subsection (e) of this section;
(4)
any monies the General Assembly transfers from the Supplemental
Property Tax Relief Fund pursuant to 32 V.S.A. § 6075; and
(5)
any monies pursuant to section 1944d of this title.
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(c)
No employee contributions shall be deposited in the Benefits Fund.
(d)
Interest earned shall remain in the Benefits Fund, and all balances
remaining at the end of a fiscal year shall be carried over to the following year;
provided, however, that any amounts received in repayment of interfund loans
established under subsection (e) of this section may be reinvested by the State
Treasurer.
(e)
Notwithstanding any provision to the contrary, the State Treasurer is
authorized to use interfund loans from the General Fund for payment into the
Benefits Fund, which monies shall be identified exclusively for the purposes of
payments of retired teacher health and medical benefits pursuant to this
section.
Any monies borrowed through an interfund loan pursuant to this
section shall be paid from monies in the Benefits Fund or from other funds
legally available for this purpose.
It is the intent of the General Assembly to
appropriate sufficient General Fund revenue, after consideration of all other
revenue and disbursements, such that the interfund loan may be paid in full on
or before June 30, 2023.
The Governor shall include in the annual budget
request an amount sufficient to repay any interfund borrowing according to a
schedule developed by the State Treasurer.
The State Treasurer shall pay the
interest and principal as due in accordance with authority granted under
32
V.S.A. § 902(b).
The State Treasurer shall assess a rate of interest on the
outstanding balance of the interfund loan comparable to the rate paid by
private depositories of the State’s monies, or to the
yield available on
investments made pursuant to 32 V.S.A. § 433.
(f)
It is the intent of the General Assembly to appropriate the required
contributions necessary to pay retired teacher health and medical benefits by
combining annual increases in base spending and surplus revenues as they
become available, so that the full cost of retired teacher health and medical
benefits payments may be met in base appropriations by fiscal year 2024.
To
the
extent
that
other
revenue
sources
are
identified,
the
General
Fund
obligation may be reduced, but only after all annual disbursements to repay the
interfund loan in subsection (e) of this section are satisfied.
Sec. 2.
16 V.S.A. § 1944 is amended to read:
§ 1944.
VERMONT TEACHERS’ RETIREMENT FUND
(a)
Fund.
All of the assets of the system shall be credited to the Vermont
teachers’ retirement fund Vermont Teachers’ Retirement Fund.
(b)
Member contributions.
(1)
Contributions deducted from the compensation of members shall be
accumulated in the fund Fund and separately recorded for each member.
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(2)
The proper authority or officer responsible for making up each
employer payroll shall cause to be deducted from the compensation of each
group
A
member
five
and
one-half
percent
of
the
member’s
earnable
compensation and; from each group C member with at least five years of
membership service as of July 1, 2014, five percent of the member’s earnable
compensation; and from each group C member with less than five years of
membership service as of July 1, 2014, six percent of the member’s earnable
compensation, including compensation paid for absence as provided by
subsection 1933(d) of this title.
In determining the amount earnable by a
member in a payroll period, the board Board may consider the rate of
compensation payable to such member on the first day of a payroll period as
continuing throughout the payroll period, and it may omit deduction from
compensation for any period less than a full payroll period if a teacher was not
a member on the first day of the payroll period, and to facilitate the making of
deductions it may modify the deduction required of any member by such an
amount as shall not exceed one-tenth of one percent of the annual earnable
compensation upon the basis of which such deduction is made.
The actuary
shall make annual valuations of the reduction to the recommended State
contribution attributable to the increase from five to six percent, and the Board
shall include the amount of this reduction in its written report pursuant to
subsection 1942(r) of this title.
* * *
Sec. 3.
16 V.S.A. § 1944c is added to read:
§ 1944c.
EMPLOYER CHARGES FOR FEDERAL GRANTS OR
REIMBURSEMENTS
(a)
Notwithstanding any provision of law to the contrary, effective July 1,
2016, the employer retirement costs and administrative operating expenses
related to the retirement plans applicable to those teachers whose funding is
provided from federal grants or through federal reimbursement shall be paid by
local school systems or educational entities that participate in the Vermont
Teachers’ Retirement Fund from those federal monies.
(b)
The percentage rates to be applied shall be determined by an actuary
approved by the Board of Trustees of the State Teachers’ Retirement System
of Vermont and shall be applied to the total earnable compensation of
members prepared by the actuary in compliance with subsection 1942(r) of this
title.
The Secretary of Education shall annually provide an accounting of
federal grants and federal reimbursements, by school system, upon which
payment by the participating schools shall be determined.
(c)
The State Treasurer and the Secretary of Education shall establish
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procedures for the collection and deposit of those monies in the State
Teachers’ Retirement System of Vermont.
The Secretary of Education may
delay implementation upon review of the federal grant program to permit
timely and accurate claims for reimbursement of retirement expenses under a
particular federal program in order to receive funding under that program.
The
Secretary of Education shall provide an annual report to the House and Senate
Committees
on
Appropriations
and
on
Education
regarding
progress
in
implementation of this section.
Sec. 4.
16 V.S.A. § 1944d is added to read:
§ 1944d.
EMPLOYER ANNUAL CHARGE FOR TEACHER HEALTH
CARE
The employer of teachers who become members of the State Teachers’
Retirement System of Vermont on or after July 1, 2015 shall pay an annual
assessment for those teachers’ health and medical benefits.
The assessment
shall be the value, as approved annually by the Board of Trustees based on the
actuary’s recommendation, of the portion of future retired teachers’ health and
medical benefits attributable to those teachers for each year of service in the
State Teachers’ Retirement System of Vermont.
For the year starting on
July 1, 2015, the assessment for each teacher becoming a member of the State
Teachers’ Retirement System of Vermont as of or after that date shall be
$1,072.00, which is based on the June 30, 2013 actuarial valuation.
Sec. 5.
16 V.S.A. § 4001(6)(B)(ix) is added to read:
(ix)
The assessment paid by the employer of teachers who become
members of the State Teachers’ Retirement System of Vermont on or after
July 1, 2015, pursuant to section 1944d of this title.
Sec. 6.
RETIRED TEACHERS’ HEALTH AND MEDICAL BENEFITS
TRANSITION COMMITTEE
There is established a Retired Teachers’ Health and Medical Benefits
Transition Committee to develop recommendations regarding how retired
teachers’ health and medical benefits will make the transition when the State
implements Green Mountain Care.
The Committee shall consist of:
(1)
the State Treasurer or designee;
(2)
the Governor or designee;
(3)
the Secretary of Education or designee;
(4)
the Attorney General or designee;
(5)
a representative of the Vermont Retired Teachers’ Association;
- 2165 -
(6)
a representative of the Vermont School Boards Association; and
(7)
a representative of the Vermont-National Education Association.
Sec. 7.
EFFECTIVE DATE
This act shall take effect on July 1, 2014.
and that after passage the title of the bill be amended to read:
“An act relating
to retired teachers’ health care costs”
( Committee Vote: 10-1-0)
H.R. 21
House resolution expressing support for the continuation of the Vermont
State Fair
Rep. Lawrence of Lyndon,
for the Committee on
Agriculture and Forest
Products,
recommends the bill be amended as follows:
First:
In the 11th Whereas clause, preceding the word “leadership”, by
inserting the word “new”
Second:
In the first Resolved clause, following the word “body”, by
inserting the phrase “recognizes the importance of Vermont’s fairs and field
days and”
( Committee Vote: 11-0-0)
S. 70
An act relating to the delivery of raw milk at farmers' markets
Rep. Bartholomew of Hartland,
for the Committee on
Agriculture and
Forest Products,
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.
6 V.S.A. § 2776 is amended to read:
§ 2776.
DEFINITIONS
In this chapter:
(1)
“Consumer” means a customer who purchases, barters for, receives
delivery of, or otherwise acquires unpasteurized milk from the farm or
delivered from the farm according to the requirements of this chapter.
* * *
Sec. 2.
6 V.S.A. § 2777 is amended to read:
§ 2777.
STANDARDS FOR THE SALE OF UNPASTEURIZED (RAW)
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MILK
(a)
Unpasteurized milk shall be sold directly from the producer to the
consumer for personal consumption only and shall not be resold.
(b)
Unpasteurized milk shall be sold only from the farm on which it was
produced except when delivery is arranged in conformance with section 2778
of this chapter.
Unpasteurized milk shall not be sold or offered as free samples
at any location other than on the farm on which the milk was produced.
(c)
Unpasteurized milk operations shall conform to reasonable sanitary
standards, including:
(1)
Unpasteurized milk shall be derived from healthy animals which are
subject to appropriate veterinary care, including tuberculosis and brucellosis
testing and rabies vaccination, according to accepted testing and vaccinations
standards as established by the agency.
Test results and verification of
vaccinations shall be posted on the farm in a prominent place and be easily
visible to customers.
(2)
The animal’s udders and teats shall be cleaned and sanitized prior to
milking.
(3)
The animals shall be housed in a clean, dry environment.
(4)
Milking equipment shall be of sanitary construction, cleaned after
each milking, and sanitized prior to the next milking.
(5)
Milking shall be conducted in a clean environment appropriate for
maintaining cleanliness.
(6)
The farm shall have a potable water supply which is sampled for
bacteriological examination according to agency standards every three years
and whenever any alteration or repair of the water supply has been made.
(7)
If an animal is treated with antibiotics, that animal’s milk shall be
tested for and found free of antibiotics before its milk is offered for sale.
(d)
Unpasteurized milk shall conform to the following production and
marketing standards:
(1)
Record keeping and reporting.
(A)
A producer shall collect one composite sample of unpasteurized
milk each day and keep the previous 14 days’ samples frozen.
The producer
shall provide samples to the agency Agency if requested.
(B)
A producer shall maintain a current list of all customers,
including addresses, telephone numbers, and email addresses when available.
- 2167 -
(C)
The producer shall maintain a list of transactions for at least one
year which shall include customer names, the date of each purchase, and the
amount purchased.
(2)
Labeling.
Unpasteurized (raw) milk shall be labeled as such, and the
label shall contain:
(A)
The date the milk was obtained from the animal.
(B)
The name, address, zip code, and telephone number of the
producer.
(C)
The common name of the type of animal producing the milk
(e.g., such as cattle, goat, sheep) or an image of the animal.
(D)
The words “Unpasteurized (Raw) Milk. Not pasteurized.
Keep
Refrigerated.” on the container’s principal display panel, and these words shall
be clearly readable in letters at least one-eighth inch in height and prominently
displayed.
(E)
The words “This product has not been pasteurized and therefore
may contain harmful bacteria that can cause illness particularly in children, the
elderly, and persons with weakened immune systems and in pregnant women
can cause illness, miscarriage, or fetal death, or death of a newborn.” on the
container’s principal display panel and clearly readable in letters at least
one-sixteenth inch in height.
(3)
Temperature.
Unpasteurized milk shall be cooled to 40 degrees
Fahrenheit or lower within two hours of the finish of milking and so
maintained until it is obtained by the consumer.
(4)
Customer inspection and notification.
(A)
Prior to selling milk to a new customer, the new customer shall
visit the farm and the producer shall provide the customer with a the
opportunity to tour of the farm and any area associated with the milking
operation.
Customers are encouraged and shall be permitted The producer
shall permit the customer to return to the farm at a reasonable time and at
reasonable intervals to re-inspect reinspect any areas associated with the
milking operation.
(B)
A sign with the words “Unpasteurized (Raw) Milk.
Not
pasteurized.
Keep Refrigerated.” and “This product has not been pasteurized
and therefore may contain harmful bacteria that can cause illness particularly
in children, the elderly, and persons with weakened immune systems and in
pregnant women can cause illness, miscarriage, or fetal death, or death of a
newborn.” shall be displayed prominently on the farm in a place where it can
be easily seen by customers.
The lettering shall be at least one inch in height
- 2168 -
and shall be clearly readable.
(e)
Producers selling 12.5 87.5 or fewer gallons (50 350 quarts) of
unpasteurized milk per day week shall meet the requirements of subsections (a)
through (d) of this section and shall sell unpasteurized milk only from the farm
on which it was produced.
A producer selling 12.5 87.5 or fewer gallons of
unpasteurized milk may choose to meet the requirements of subsection (f) of
this section, in which case the producer may deliver in accordance with section
2778 of this chapter title.
(f)
Producers selling 12.6 more than 87.5 gallons to 40 280 gallons (50.4
more than 350.4 to 160 1120 quarts) of unpasteurized milk per day week shall
meet the requirements of subsections (a) through (d) of this section as well as
the following standards:
(1)
Inspection. The agency Agency shall annually inspect the producer’s
facility and determine that the producer is in compliance with the sanitary
standards listed in subsection (c) of this section.
(2)
Bottling.
Unpasteurized milk shall be sold in containers which have
been filled by the producer.
Containers shall be cleaned by the producer
except that the producer may allow customers to clean their own containers
only if each customer’s container is labeled with the customer’s name and
address and the customers use their own containers.
Producers shall ensure
that only clean bottles are filled and distributed.
(3)
Testing.
(A)
A producer shall have unpasteurized milk tested twice per month
by a U.S. Food and Drug Administration accredited laboratory.
Milk shall be
tested for the following and the results shall be below these limits:
(i)
Total total bacterial (aerobic) count: 15,000 cfu/ml (cattle and
goats);
(ii)
Total total coliform count: 10 cfu/ml (cattle and goats);
(iii)
Somatic somatic cell count: 225,000/ml (cattle); 500,000/ml
(goats).
(B)
The producer shall assure that all test results are forwarded to the
agency Agency, by the laboratory, upon completion of testing or within five
days of receipt of the results by the producer.
(C)
The producer shall keep test results on file for one year and shall
post results on the farm in a prominent place that is easily visible to customers.
The producer shall provide test results to the farm’s customers if requested.
(4)
Registration.
Each producer operating under this subsection shall
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register with the agency Agency.
(5)
Reporting.
On or before March 1 of each year, each producer shall
submit to the agency Agency a statement of the total gallons of unpasteurized
milk sold in the previous 12 months.
(6)
Prearranged delivery.
Prearranged delivery of unpasteurized milk is
permitted and shall be in compliance with section 2778 of this chapter title.
(g)
The
sale
of
more
than 40 280 gallons
(160 1120 quarts)
of
unpasteurized milk in any one day week is prohibited.
Sec. 3.
6 V.S.A. § 2778 is amended to read:
§ 2778.
DELIVERY OF UNPASTEURIZED (RAW) MILK
(a)
Delivery of unpasteurized milk is permitted only within the state State
of Vermont and only of milk produced by those producers meeting the
requirements of subsection 2777(f) of this chapter.
(b)
Delivery shall conform to the following requirements:
(1)
Delivery shall be to customers who have:
(A)
visited the farm as required under subdivision 2777(d)(4) of this
title; and
(B)
purchased milk in advance either by a one-time payment or
through a subscription.
(2)
Delivery shall be directly to the customer:
(A)
at the customer’s home or into a refrigerated unit at the
customer’s home if such unit is capable of maintaining the unpasteurized milk
at 40 degrees Fahrenheit until obtained by the customer;
(B)
at a farmers’ market, as that term is defined in section 5001 of
this title, where the producer is a vendor.
(3)
During delivery, milk shall be protected from exposure to direct
sunlight.
(4)
During delivery, milk shall be kept at 40 degrees Fahrenheit or lower
at all times.
(c)
A producer may contract with another individual to deliver the milk in
accordance with this section.
The producer shall be jointly and severally liable
for the delivery of the milk in accordance with this section.
(d)
Prior to delivery at a farmers’ market under this section, a producer
shall submit to the Agency of Agriculture, Food and Markets, on a form
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provided by the Agency, notice of intent to deliver unpasteurized milk at a
farmers’ market.
The notice shall:
(1)
include the producer’s name and proof of registration;
(2)
identify the farmers’ market or markets where the producer will
deliver milk; and
(3)
specify the day or days of the week on which delivery will be made
at a farmers’ market.
(e)
A producer delivering unpasteurized milk at a farmers’ market under
this section shall display the registration required under subdivision 2777(f)(4)
of this title on the farmers’ market stall or stand in a prominent manner that is
clearly visible to consumers.
Sec. 4.
EFFECTIVE DATE
This act shall take effect on July 1, 2014.
(Committee vote: 9-2-0 )
(For text see Senate Journal March 19, 20, 2014 )
S. 208
An act relating to solid waste management
Rep. Ellis of Waterbury,
for the Committee on
Natural Resources and
Energy,
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:
* * * Architectural Waste Recycling* * *
Sec. 1.
FINDINGS
The General Assembly finds that, for the purposes of Secs. 1–3 of this act:
(1)
Certain waste from commercial development projects can create
significant issues for the capacity and operation of landfills in the State.
(2)
There are opportunities for materials recovery of certain waste from
commercial development projects in a manner consistent with Vermont’s solid
waste management priorities of reuse and recycling.
(3)
Substantial opportunity exists in Vermont for the recovery and
recycling of certain materials in the waste from commercial development
projects, including wood, drywall, asphalt shingles, and metal.
(4)
To reduce the amount of waste from commercial development
projects in landfills and improve materials recovery, the construction industry
- 2171 -
should attempt to recover certain waste from commercial development projects
from the overall waste stream.
Sec. 2.
10 V.S.A. § 6605m is added to read:
§ 6605m.
ARCHITECTURAL WASTE RECYCLING
(a)
Definitions.
In addition to the definitions in section 6602 of this
chapter, as used in this section:
(1)
“Architectural waste” means discarded drywall, metal, asphalt
shingles,
clean
wood,
and
treated
or
painted
wood
derived
from
the
construction or demolition of buildings or structures.
(2)
“Commercial project” means construction, renovation, or demolition
of a commercial building or of a residential building with two or more
residential units.
(b)
Materials recovery requirement.
Beginning on or after January 1, 2015,
if a person produces 40 cubic yards or more of architectural waste at a
commercial project located within 20 miles of a solid waste facility that
recycles architectural waste, the person shall:
(1)
arrange for the transfer of architectural waste from the project to a
certified
solid
waste
facility,
which
shall
be
required
to
recycle
the
architectural waste or arrange for its reuse unless the facility demonstrates to
the Secretary a lack of a market for recycling or reuse and a plan for reentering
the market when it is reestablished; or
(2)
arrange for a method of disposition of the architectural waste that the
Secretary of Natural Resources deems appropriate as an end use, including
transfer of the architectural waste to an out-of-state facility that recycles
architectural waste and similar materials.
(c)
Transition; application.
The requirements of this section shall not apply
to a commercial project subject to a contract entered into on or before
January 1, 2015 for the disposal or recycling of architectural waste from the
project.
(d)
Guidance on separation of hazardous materials.
The Secretary of
Natural Resources shall publish informational material regarding the need for a
solid waste facility that recycles architectural waste to manage properly and
provide for the disposition of hazardous waste and hazardous material in
architectural waste delivered to a facility.
Sec. 3.
ANR REPORT ON ARCHITECTURAL WASTE RECYCLING
On or before January 1, 2017, the Secretary of Natural Resources, after
consultation with interested persons, shall submit to the Senate and House
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Committees
on
Natural
Resources
and
Energy
a
report
regarding
implementation of the requirements for architectural waste recycling in the
State under 10 V.S.A. § 6605m.
The report shall include:
(1)
a summary of the implementation of the requirements of 10 V.S.A.
§ 6605m for the recycling of architectural waste;
(2)
an estimate of the amount of architectural waste recycled or reused
since January 1, 2015;
(3)
whether viable markets exist for the cost-effective recycling or reuse
of additional components of the waste stream from commercial projects;
(4)
a recommendation as to whether architectural waste should be
banned from landfill disposal; and
(5)
any other recommended statutory changes to the requirements of this
section.
* * * Solid Waste Management Facility Certification * * *
Sec. 4.
10 V.S.A. § 6605 is amended to read:
§ 6605.
SOLID WASTE MANAGEMENT FACILITY CERTIFICATION
* * *
(j)
A facility certified under this section that offers the collection of
municipal solid waste shall:
* * *
(l)
A facility certified under this section that offers the collection of
municipal solid waste shall not charge a separate fee for the collection of
mandated recyclables.
A facility certified under this section may incorporate
the cost of the collection of mandated recyclables into the cost of the collection
of municipal solid waste and may adjust the charge for the collection of
municipal solid waste.
A facility certified under this section may charge a
separate fee for the collection of leaf and yard residuals or food residuals.
If a
facility collects mandated recyclables from a commercial hauler, the facility
may charge a fee for the collection of those mandated recyclables.
Sec. 5.
10 V.S.A. § 6605c(a) is amended to read:
(a)
Notwithstanding sections 6605, 6605f, and 6611 of this title, no person
may construct, substantially alter, or operate any categorical solid waste
facility without first obtaining a certificate from the Secretary.
Certificates
shall be valid for a period not to exceed five 10 years.
* * * Solid Waste Transporters; Mandated Recyclables * * *
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Sec. 6.
10 V.S.A. § 6607a is amended to read:
§ 6607a.
WASTE TRANSPORTATION
(a)
A commercial hauler desiring to transport waste within the State shall
apply to the Secretary for a permit to do so, by submitting an application on a
form prepared for this purpose by the Secretary and by submitting the
disclosure statement described in section 6605f of this title.
These permits
shall have a duration of five years and shall be renewed annually.
The
application shall indicate the nature of the waste to be hauled.
The Secretary
may
specify
conditions
that
the
Secretary
deems
necessary
to
assure
compliance with state State law.
(b)
As used in this section:
(1)
“Commercial hauler” means:
(A)
any person that transports regulated quantities of hazardous
waste; and
(B)
any person that transports solid waste for compensation in a
vehicle having a rated capacity of more than one ton.
(2)
The commercial hauler required to obtain a permit under this section
is the legal or commercial entity that is transporting the waste, rather than the
individual employees and subcontractors of the legal or commercial entity. In
the case of a sole proprietorship, the sole proprietor is the commercial entity.
* * *
(g)(1)
Except as set forth in subdivisions (2) and (3) of this subsection, a
transporter certified under this section that offers the collection of municipal
solid waste shall:
(A)
Beginning July 1, 2015, offer to collect mandated recyclables
separated from other solid waste and deliver mandated recyclables to a facility
maintained and operated for the management and recycling of mandated
recyclables.
(B)
Beginning July 1, 2016, offer to collect leaf and yard residuals
separate from other solid waste and deliver leaf and yard residuals to a location
that manages leaf and yard residuals in a manner consistent with the priority
uses established under subdivisions 6605k(a)(3)–(5) of this title.
(C)
Beginning July 1, 2017, offer collection of food residuals
separate from other solid waste and deliver to a location that manages food
residuals in a manner consistent with the priority uses established under
subdivisions 6605k(a)(2)–(5) of this title.
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(2)
In a municipality that has adopted a solid waste management
ordinance addressing the collection of mandated recyclables, leaf and yard
residuals, or food residuals, a transporter in that municipality is not required to
comply with the requirements of subdivision (1) of this subsection and
subsection (h) of this section for the material addressed by the ordinance if the
ordinance:
(A)
is applicable to all residents of the municipality;
(B)
prohibits a resident from opting out of municipally-provided
municipally provided solid waste services; and
(C)
does not apply a variable rate for the collection for the material
addressed by the ordinance.
(3)
A transporter is not required to comply with the requirements of
subdivision (1)(A), (B), or (C) of this subsection in a specified area within a
municipality if:
(A)
the Secretary has approved a solid waste implementation plan for
the municipality;
(B)
for purposes of waiver of the requirements of subdivision (1)(A)
of this subsection (g), the Secretary determines that under the approved plan:
(i)
the municipality is achieving the per capita disposal rate in the
State Solid Waste Plan; and
(ii)
the municipality demonstrates that its progress toward meeting
the diversion goal in the State Solid Waste Plan is substantially equivalent to
that of municipalities complying with the requirements of subdivision (1)(A)
of this subsection (g);
(C)
the
approved
plan
delineates
an
area
where
solid
waste
management services required by subdivision (1)(A), (B), or (C) of this
subsection (g) are not required; and
(C)(D)
in the delineated area, alternatives to the services, including
on site on-site management, required under subdivision (1)(A), (B), or (C) of
this subsection (g) are offered, the alternative services have capacity to serve
the needs of all residents in the delineated area, and the alternative services are
convenient to residents of the delineated area.
(h)
A transporter certified under this section that offers the collection of
municipal solid waste may not charge a separate line item fee on a bill to a
residential customer for the collection of mandated recyclables, provided that a
transporter may charge a fee for all service calls, stops, or collections at a
residential property and a transporter may charge a tiered or variable fee based
- 2175 -
on the size of the collection container provided to a residential customer or the
amount of waste collected from a residential customer.
A transporter certified
under this section may incorporate the cost of the collection of mandated
recyclables into the cost of the collection of solid waste and may adjust the
charge for the collection of solid waste.
A transporter certified under this
section that offers the collection of solid waste may charge a separate fee for
the collection of leaf and yard residuals or food residuals from a residential
customer.
* * * Solid Waste Infrastructure Advisory Committee * * *
Sec. 7.
SOLID WASTE INFRASTRUCTURE ADVISORY COMMITTEE
(a)
The Secretary of Natural Resources shall convene a Solid Waste
Infrastructure
Advisory
Committee
to
review
the
current
solid
waste
management infrastructure in the State, evaluate the sufficiency of existing
solid waste management infrastructure to meet the requirements of subsection
6605(j) of this title, and recommend development or construction of new solid
waste management infrastructure in the State.
(b)
The Solid Waste Infrastructure Advisory Committee shall be composed
of the Secretary of Natural Resources or his or her designee and the following
members, to be appointed by the Secretary of Natural Resources:
(1)
three representatives of the solid waste management districts or other
solid waste management entities in the State;
(2)
one representative of a solid waste collector that owns or operates a
material recovery facility;
(3)
two representatives of solid waste commercial haulers, provided that
one of the commercial haulers shall serve rural or underpopulated areas of the
State;
(4)
one representative of recyclers of food residuals or leaf and yard
residuals; and
(5)
one Vermont institution or business subject to the requirements
under subsection 6605(j) of this title for the management of food residuals.
(c)
The Solid Waste Infrastructure Advisory Committee shall:
(1)
review the existing systems analysis of the State waste stream to
determine whether the existing solid waste management facilities operating in
the State provide sufficient services to comply with the requirements of
subsection 6605(j) of this title, and meet any demand for services;
(2)
summarize the locations or service sectors where the State lacks
sufficient infrastructure or resources to comply with the requirements of and
- 2176 -
demand
generated
by
subsection
6605(j)
of
this
title,
including
the
infrastructure necessary in each location;
(3)
estimate the cost of constructing the necessary infrastructure
identified under subdivision (2) of this subsection; and
(4)
review options for generating the revenue sufficient to fund the costs
of constructing necessary infrastructure.
(d)
Report.
On or before January 15, 2015, the Solid Waste Infrastructure
Advisory Committee shall submit to the Senate and House Committees on
Natural Resources and Energy a report that includes the information and data
developed under subsection (c) of this section.
* * * Effective Date * * *
Sec. 8.
EFFECTIVE DATE
This act shall take effect on July 1, 2014.
(Committee vote: 11-0-0 )
(For text see Senate Journal March 26, 2014 )
Favorable
J.R.H. 18
Joint resolution urging Congress to reauthorize the federal terrorism
insurance program
Rep. Kitzmiller of Montpelier
, for the Committee on
Commerce and
Economic Development,
recommends the bill ought to pass.
( Committee Vote: 10-0-1)
S. 177
An act relating to nonjudicial discipline
Rep. Head of South Burlington,
for the Committee on
General, Housing
and Military Affairs
, recommends that the bill ought to pass in concurrence.
(Committee Vote: 8-0-0)
(For text see Senate Journal February 26, 2014 )
- 2177 -
Senate Proposal of Amendment
H. 871
An act relating to miscellaneous pension changes
The Senate proposes to the House to amend the bill as follows:
By striking out Sec. 2 (repeal) in its entirety and inserting in lieu thereof a
new Sec. 2 to read as follows:
Sec. 2.
REPEAL
2010 Acts and Resolves No. 139, Sec. 13(a) is repealed.
(No House Amendments )
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.