End of Session Legislative Report for 2023
End of session embrace from your Senate delegation. Featured on VTDigger.
This was a busy year for your Windsor County Delegation and we accomplished so much! Please review the following write-up of some of the highlights of this legislative session that became law.
The Budget
Totaling $8.5 billion, H.494, the Budget, includes unprecedented investments in programs and policies that reflect the needs and wants of Vermonters across the state:
$74.2 million for the workforce, higher education, and economic and agricultural development.
Including scholarships, tuition assistance, loan forgiveness, and technical assistance for critical workforce education such as nursing, renewable energy workers, advanced technology, and emergency medical services.
$9.3 million in substance abuse prevention and recovery.
$29 million for a slate of human services programs.
$99.7 million in Human Services Provider Rate Increases to better support healthcare needs for low- and moderate-income Vermonters.
159 new positions created to help in the implementation of new programs and expand
staffing for existing programs..
$220 million for housing assistance and support programs; development of affordable housing units.
In regards to the General Assistance Emergency Housing Program Transition: while federal funding used to enhance the Motel Program during the pandemic is ending, the Motel Program itself is not. However, eligibility requirements are being brought back to pre-pandemic status when it only had state-level funding. This means that eligibility will be more limited in the summer months but greatly expanded in the winter.
While the Legislature did extend the program at its COVID-funding levels during FY23 budget adjustment to give the Administration more time to develop a transition plan, that did not come to fruition. Now, with the immediate crisis, that plan is starting to be developed. To encourage this, the Legislature included $220 million towards housing and homelessness, specifically including $12.5 million to state agency partners to implement a transition from the expanded motel program.
Housing and Economic Development
S.100: Housing Opportunities Made for Everyone (HOME) Bill
The HOME Bill was passed by both the House and Senate, and will take aim at two of the impediments to developing more affordable housing: zoning restrictions and funding. With changes made to both municipal and Act 250 rules, developers will be incentivized to build more units more densely within historic settlement patterns such as designated downtowns, village centers, and neighborhood development areas. This will not only help conserve Vermont’s natural landscape, but also place more affordable units in walkable areas that already have access to resources like public transportation, grocery stores, libraries, doctor’s offices, and so much more.
For municipal zoning, the bill reduces parking requirements to one spot per unit for units served by sewer and water. Additionally, to help increase density, the bill allows for duplexes wherever single-family homes are allowed and multi-unit dwellings in areas served by sewer and water. This “Duplex-by-Right'' provision will give developers more flexibility to build and will give Vermonters the freedom to divide their home to rent part of it to others if they desire. Lastly, the bill also eliminates zoning decision appeals based on the character of the area for affordable housing development.
For Act 250 zoning, the bill establishes temporary provisions to allow for more dense development in city and town centers without triggering Act 250 jurisdiction. In downtowns, neighborhood development areas, new town centers, and village centers, the cap for housing units will be raised from 10 to 25 until July 1st, 2026.
For appropriations, the bill contains $115.69 million for housing development initiatives for the 2024 fiscal year. Some of these initiatives include:
$50,000,000 for the Vermont Housing and Conservation Board (VHCB) to put towards the development of mixed-income rental housing and homeownership opportunities including mobile homes and communities, recovery housing, farmworker housing, and refugee housing.
$10,000,000 from this appropriation will be specifically marked for VHCB to expand and enhance the capacity of emergency shelters and permanent housing for Vermonters experiencing homelessness. The bill directs VHCB to coordinate with the Agency of Human Services to make sure that new temporary and permanent housing is paired with supportive services for residents, such as services supported through Medicaid.
$20,000,000 for the Vermont Rental Housing Improvement Program (VHIP) which will be awarded to nonprofit housing organizations in competitive grants, and private landlords in forgivable loans for rehabilitation and weatherization of eligible units. Upon receipt, the units must be made available for five years for Vermonters exiting homelessness or those working with a refugee resettlement program.
$20,000,000 for the Rental Housing Revolving Loan Program which provides subsidized loans for rental housing developments targeted towards middle-income households. Projects can contain both market-rate and affordable units, but affordable units must make up 25% of the development.
$20,000,000 for the Middle-Income Homeownership Development Program which provides subsidies for new development or rehabilitation of owner-occupied housing for purchase by income-eligible homebuyers.
$2,500,000 for eviction rescue funding for tenants with unpaid rent who are facing eviction.
S.135: VT Saves
The VT Saves Program will be administered by the Office of State Treasurer and would provide Vermonters with access to a retirement savings plan. Employees without a retirement savings program at their workplace would be enrolled in a Roth Individual Retirement Account (IRA) with the ability to opt-out without tax or penalty. Future retirement benefits would be funded by employee contributions along with the investments gained on them. There will be no cost to employers, and no costs would be incurred by the state for this program beyond a one-time $750,000 to establish it.
In Vermont, 45% of employers do not offer retirement benefits. For small businesses with 20 employees or less, 55% do not offer retirement benefits. However, at employers that do offer a retirement plan, over 70% of employees participate. With VT Saves, Vermonters will have overall greater retirement security, and the ability to easily save even if their employer doesn't offer a retirement savings program.
H.127: Sports Betting Bill
H.127 is a bill that will legalize online sports betting in Vermont, and regulate it through the Department of Liquor and Lottery so that revenue can be collected by the state and put into programs to help Vermonters, including education, treatment, and prevention for gambling addiction through the Department of Mental Health.
Currently, sports betting is legal in Vermont’s neighboring states which have been able to collect revenue from Vermonters who go out-of-state to gamble. Data shows that there were more than 139,000 attempts made by Vermonters to log into New York online gambling platforms over a six-month period. Additionally, thousands of Vermonters are estimated to use illegal sports-betting websites that are often off-shore and with no consumer protections or cybersecurity.
Under this legislation, legalizing these platforms would allow the state to regulate, monitor, and capture revenue projected at $10 million annually. Vermonters would be able to make decisions for themselves on how to recreate and would protect consumers from hacking and identity theft from unregulated sites. Tax revenue received from the sports-betting sites would go to Department of Mental Health programs including a hotline for problem gambling run by the Howard Center.
Lastly, legalizing these platforms will allow Vermont to establish certain safeguards to protect consumers, including a minimum age of 21, barring the use of credit, requiring pop-ups with time notifications, and banning advertising for those under 21 and on college campuses.
Health and Wellness
S.37 & H.89: Shield Bills
In response to the Supreme Court’s overturn of Roe v. Wade, and to further cement the reproductive liberty protections established by Article 22 of the Vermont Constitution, S.37 and H.89 were passed as companion bills to help shield healthcare providers and patients from out-of-state legal action and professional retaliation, guaranteeing insurance coverage for reproductive and gender-affirming care, and protecting patients from misleading or deceptive advertising from limited service pregnancy centers.
H.89 specifically protects legal reproductive and gender-affirming care services in Vermont from criminal or other civil action and allows any defendant in this type of litigation to take civil action against the petitioner. Additionally, it prevents the State of Vermont from aiding any investigation or proceeding from another state against a person or group for providing or receiving protected healthcare activities in Vermont.
S.37 provides professional protections for healthcare providers such as barring rate hikes from medical malpractice insurers, or professional organizations from revoking medical licenses from providers. It also requires nonmedical pregnancy centers to provide accurate information and advertising about their provided services so that pregnant patients are not misled.
H.217: Childcare Bill
The childcare system in Vermont is a necessity to support families and build up the workforce, but it is inherently broken. Costs are unaffordable for many families to enroll their children, and low wages have led to staffing shortages that force providers to limit hours and cut enrollment. On average, childcare workers make just over $30,000 a year without health insurance and other benefits.
Formerly S.56, H.217 makes needed investments for both childcare providers to stay open and for families to more easily afford enrollment. The bill expands the eligibility of families to receive subsidies from the Child Care Financial Assistance Program and increases reimbursement rates from the Department of Children and Families to childcare providers. Specifically, $20,000,000 will be appropriated for childcare providers to increase capacity, improve facilities, expand hours of operations, address gaps in service, and to increase workforce capacity including signing and retention bonuses.
Lastly, the bill creates a Prekindergarten Education Implementation Committee to assist the Agency of Education with the improvement and expansion of affordable and high-quality full-day prekindergarten education.
S.73: Firefighters with Cancer Compensation Bill
S.73 directs the Department of Fire Safety to submit two written reports with legislative recommendations to the legislature regarding firefighters that may receive cancer from smoke and chemical exposure while on duty. The first report will specify projected costs for programs that will provide career and volunteer firefighters with annual cancer screenings along with opportunities to reduce costs for municipalities and fire departments for screenings and personal protective equipment. The second report will cover recommendations to repeal certain provisions that bar firefighters with cancer from worker’s compensation, and recommendations to expand the list of cancers presumed to have been caused by on-duty exposure. The reports are mandated to be submitted to the General Assembly by January 1st, 2024 so that the legislature can implement changes to law regarding this in the next legislative session.
H.222: Overdose Bill
Year after year, opioid deaths have risen throughout Vermont. In 2022, there was a record high of 237 opioid overdoses which was preceded by record highs for the past three years. With these rising trends, and as more drugs tend to be laced with deadlier substances, H.222 will help fight the opioid epidemic and keep Vermonters safe.
The bill uses $8 million of settlement money from lawsuits against opioid companies to administer a safe disposal program for needles and unused prescription drugs and to expand a drug-checking program where Vermonters could legally test small amounts of drugs to make sure they are not laced with dangerous substances like fentanyl. Additionally, the bill will protect medical professionals and regular people from potential civil suits if they administer an opioid antagonist like naloxone to someone having an overdose.
H.165: Universal School Meals
According to data from the VT Agency of Education, nearly half of students are likely to be experiencing hunger due to a lack of universal meals. 32% of all low-income public school students did not take meals, 11% applied but were never signed up, and around 25,000 of low-income Vermont students were not eligible at all for the program.
To address this, school breakfasts and lunches would be supplemented by $29,000,000 from the Education Fund which it is not covered by the federal National School Lunch Act and the Child Nutrition Act. A supplement award would reimburse meals to public schools, and include students on public tuition at approved independent schools, and this program would also incentivize schools to purchase food products from local farmers and vendors.
Through this legislation, nutritious breakfasts and lunches will be guaranteed for all food-insecure students, the stigma around low-income students will be eliminated, and overall costs and paperwork will be reduced for schools.
Climate Change
S.5: Affordable Heat Act
The Affordable Heat Act is an extensive bill that will help Vermont prepare for an energy transition as a result of climate change, and provide Vermonters with alternative options to heat their homes instead of relying solely on expensive, polluting, and price-volatile heating fuels. Overall fuel costs for Vermonters are projected to decrease by $2 billion, or $7,500 per household, by 2030.
The bill proposes a clean heat credit system that would incentive fuel providers to diversify and invest in offering more non-carbon emitting fuels. Besides these options helping to lower prices, other energy efficiency options would be provided to low and moderate-income Vermonters through the bill such as weatherization and other solutions such as heat pumps and advanced wood heating.
Additionally, with this proposal taking such large steps to transform Vermont’s heating industry, the bill calls for an extensive study and additional approval from the legislature before being enacted. For the next two years, the Public Utility Commission will begin a planning rulemaking process for this proposed policy that will consist of public hearings, a public comment period, and legislative reports. After this study, all of the information gathered will be presented to the legislature who will then consider the Public Utility Commission’s rules and research in a series of new committee hearings. At the end of this two-year planning endeavor, the legislature will finally decide whether to implement it.
H.158: Bottle Bill
The Bottle Bill has been Vermont’s most successful recycling law since adopted in 1972, having recycled over 10 billion cans and bottles, and with popular support from Vermonters. The program not only diverts bottles and cans from landfills, but it has also created jobs for Vermonters of all backgrounds, created the cleanest and most valuable stream of recycling in the state, and shifted responsibility for collection and disposal to manufacturers instead of taxpayers. However, the program needs to be modernized, both for the environmental impact and to support bottle redemption centers that are struggling to stay open with inflation and a worker shortage.
To address this, H.158 updates the bottle bill to help recycle more beverage containers including sports drink bottles, wine bottles, and other beverages. It also establishes a Producer Responsibility Organization (PRO) which was a suggestion from both the beverage industry and the Department of Environmental Conservation. This would give manufacturers more authority to help run the redemption program more efficiently, along with added responsibilities. Lastly, the bill directs the Agency of Natural Resources to conduct a systems analysis of the redemption system in order to identify the impacts of an expanded redemption system and the means to make the operation of redemption centers more profitable.
H.67: Household Hazardous Waste Bill
The Household Hazardous Waste Bill will shift the responsibility for disposals away from member municipalities of Solid Waste Management Entities (SWME) and towards manufacturers of these products. Currently, municipalities contribute over $ 2 million a year to SWMEs, and 855 tons of hazardous waste still ends up in landfills. However, H.67 would bring in manufacturers to form and join Stewardship Organizations that would organize and pay for a collection and disposal plan.
By transferring responsibility for disposal, municipalities will be less financially burdened, and better waste disposal programs will help deter hazardous waste from ending up in landfills where it can pollute groundwater and the surrounding area.
Beyond this, the bill is likely to incentivize manufacturers to find less hazardous components to construct their products in order to cut costs on disposal and to also develop ways to use left waste overall in their products.
H.31 Aquatic Nuisance Bill
The Aquatic Nuisance Bill addresses invasive species in Vermont’s lakes and waterways that can be harmful for local ecosystems, along with watersports like fishing and tourism along those waterways. The bill creates a study committee to evaluate the use of certain pesticides and chemicals in lakes and ponds to kill invasive species like milfoil and zebra mussels.
S.137 Energy Efficiency Modernization Bill
S.137 is a bill that puts funding toward electric energy efficiency and conservation programs. It allocates part of the electric resource acquisition budget of the Public Utilities Commission towards programs, measures, and services that reduce greenhouse gas emissions in both the thermal energy sector and the transportation sector. Additionally, the bill would permit retail electricity providers to use these funds to provide thermal and transportation programs that help reduce fossil fuel use.
Gun Safety and Crime
H.230: Suicide Prevention and Gun Safety Bill
H.230 is a gun safety bill that seeks to mitigate the unnecessary deaths of children and Vermonters suffering from mental illness while also fostering a culture of responsible gun ownership and making sure Vermonters still maintain the right to own a firearm for recreation and self-defense.
Over the past decade, more than 700 Vermonters died of gunshot wounds, and 88% of those wounds were self-inflicted. This demographic is not just made up of gun owners who are suffering from a mental illness, but also family members who can easily access a firearm without the owner’s knowledge, and children who can easily access the firearm and use it as a play toy. In fact, children are 4.4 times more likely to die by suicide in a home with firearms compared to those without.
Through the safe storage measure, this legislation will help spread the practice of responsible gun owners to securely store their firearms in a locked container or with a tamper-resistant lock, or supervise them when out. Instead of mandating methods of storage, storage would be encouraged through the implementation of criminal penalties if a child or unauthorized person accesses a firearm and harms someone or themselves, brandishes it, or uses it to commit a crime.
Additionally, the legislation introduces a 72-hour waiting period before purchasing a new firearm which would serve to give enough time for a background check to be conducted, and Emergency Risk Order Protections from family members. With the waiting period individuals with criminal backgrounds, with new domestic violence incidents, or with mental health issues can be actually scrutinized before being permitted to obtain a firearm and potentially cause harm to themselves or others. With the updates made to Emergency Risk Protection Orders, families will be able to file with clear and convincing evidence, similar to law enforcement, in order to help protect loved ones who they believe may imminently harm themselves or others.
S.3: Paramilitary Camps Bill
S.3 is a bill that deals with the rise in concern across Vermont and the United States regarding an increase in extremist paramilitary groups that look to create civil disorder through violent acts meant to damage property or harm other individuals. The bill specifically bans the teaching, training, or demonstration of using firearms, making explosives or incendiary devices, or techniques to cause injury or death if this is meant to be used in the furtherance of civil disorder. Violation of this law would result in up to five years imprisonment and a fine of up to $50,000.
In order to only target paramilitary groups, this legislation specifically makes exceptions for law enforcement, military science institutions, self-defense training, or sports such as hunting, target shooting, and firearm collecting.
S.4: Reducing Crimes Bill
S.4 covers a wide array of crimes with the intention to reduce violent crimes associated with juveniles of dangerous weapons. Among a multitude of provisions, the legislation helps crack down on human and drug trafficking by creating criminal penalties for individuals who knowingly or recklessly permit a building or structure they own to be used for the purpose of human trafficking or selling drugs. Landlords are obligated to report unlawful activity to law enforcement or initiate eviction procedures
Additionally, the bill establishes penalties for possessing a firearm with a defaced serial number, purchasing a firearm for someone prohibited from having one, and carrying a deadly weapon while committing a felony.
Lastly, the bill establishes a Community Violence Prevention Program that will provide grants to municipalities and nonprofit organizations working to reduce violent crime and collect data on youth and community violence to track the progress of interventions.
S.6: Law Enforcement Interrogation Bill
S.6 sets standards for law enforcement interrogation practices when it comes to the questioning of juveniles in order to prevent false confessions and wrongful convictions. Additionally, the bill mandates electronic recording of all interrogations by law enforcement of people they have placed in custody.
Regarding juveniles, the bill bans the use of threats, physical harm, or deception for detainees under 22 years old. Any confession or statement received in violation of these standards would be inadmissible in court. Along with this, the legislation also directs the Criminal Justice Council to create a mode interrogation policy for the state and mandates law enforcement agency compliance with traffic stop data.
S.17: Sheriff Reform Bill
S.17 aims to bring more accountability to Sheriff’s offices across Vermont within the limits that are set in the state constitution. First and foremost, the bill creates a check on the sale of assets after a Sheriff announces their resignation or retirement. Instead of being able to liquidate their assets for bonuses provided to themselves or employees without oversight, Assistant Judges will have to co-sign any sales over $10,000 once a retirement or resignation has been made public.
Additionally, the bill will create a conflict of interest and ethics disclosure policy, create a notification procedure for if the Sheriff participates in or creates a non-profit to supplement their office, and will direct the Department of State's Attorneys and Sheriffs to create a model policy for revenues taken through contracts.
Democracy and Government Operations
S.39: Legislative Compensation Bill
A healthy democracy has a representative and diverse body civilly leading on issues impacting its citizens. Unfortunately, the financial barriers to public service in the Vermont legislature limit the ability of the average citizen to become members of the General Assembly. This bill seeks to address these barriers by resetting the compensation to a prorated salary based on the average Vermont salary, expanding access to benefits like health insurance, and setting up a working group to make recommendations to the legislature regarding child, elder, and dependent care reimbursements.
Compensation for the legislative session will be set to the average Vermont salary, and would not take effect until the next biennium after a new election cycle has passed. Additionally, legislators will be permitted to use the same health insurance made available to all other state employees.
H.429 Elections Bill
The Miscellaneous Elections Bill covers a large swath of election rules affecting candidates and voters. Some of these changes include ranked-choice voting, limited electronic ballot return, and the “Sore Loser Law”.
The ranked-choice voting provision allows municipalities to opt-in for this voting system if they choose to without having to push a charter change through the General Assembly, and it would also permit the use of ranked-choice for Presidential Primary Elections. Along with this change to voting, limited electronic ballot returns would be used to allow people with disabilities, and Vermonters overseas such as military personnel to return their ballots electronically so that they can be counted in time for an election.
The “Sore Loser Law” is a measure that nearly all other states have which prohibits candidates who lose a major party primary from running in the general election as another party’s candidate or an independent. By preventing spoiler candidates, parties can maintain the integrity of their primary processes, and overall voter confusion can be put at ease. Additionally, the language in the bill makes sure that a candidate can accept multiple nominations or endorsements so that fusion candidates would still be allowed.
Lastly, the bill make additional changes regarding the collection of candidate demographic data, expanding financial disclosures, rules around write-in candidate thresholds, and campaign finance limits for statewide candidates.
H.517 Deputy State’s Attorney
In light of the impeachment investigation into the Franklin County State’s Attorney, the language around the role and appointment of Deputy State’s Attorneys was added to a bill that approved a fire district dissolution in Duxbury and Moretown.
In the event that a State’s Attorney cannot perform their duties or is removed from office, the bill allows the Executive Committee of the Department of State’s Attorneys to direct the Executive Director to appoint a Deputy State’s Attorney to prosecute cases in a specific county. With this change, Deputy State’s Attorney can be more easily assigned to assist active State’s Attorney and can guarantee that State’s Attorney’s offices can still operate in the absence of their State’s Attorney.