2024 Session

Legislative End of Session Report 2024

VERMONT STATE BUDGET FY25:
“THE BIG BILL” – H. 883:
Vermont State’s FY25 of $8.6 B was one of the most important bills to pass this year. Every line in this bill represents a policy choice the Legislature has made to support Vermont and Vermonters. Every line impacts Vermonters in some fashion – whether it is supporting housing for our most vulnerable, our state parks, our public education system, our roads and bridges, the arts or our families in need – this bill has something for everyone. In this bill, all of State
government comes together – it is where spending priorities are determined within a fiscally
responsible and sustainable fiscal framework. This year the funding requests coming from other
committees, the Administration, provider groups, and advocacy organizations exceed available
revenues by hundreds of millions of dollars.
For Fiscal Year 2025, the budgetary priority was to first address the funding needs of the core
services and functions provided by our State government. Adding new services, programs or
benefits historically has come at the expense of adequately funding existing obligations. To that
end, the following high priority areas for funding were as follows:
● Justice Investments & strategies to reduce court backlog – additional positions and/or
funding provided to our courts, States Attorneys, Defender General, Court Diversion,
Pre-Trial Supervision by the Department of Corrections, Community Justice Centers,
and Network Against Domestic Violence
● Community Based Service Agencies – provided an inflationary increase in funding to
these agencies that serve our most vulnerable Vermonters
● Housing – both emergency housing and the creation of permanent affordable housing
received funding, expanded number and stabilized funding of Recovery Houses
● Workforce Development – funding for Serve, Learn and Earn Program provided to
prepare more marginalized workers to enter workforce, free tuition for Community
College of Vermont, and other forgivable loans and tuition benefits for identified
workforce shortage areas
● Health – Implemented the Medicare Savings Program, which once operational, will
significantly reduce health care cost burden for low-income seniors
● Climate, Flood Relief & Disaster Preparedness – The Budget included appropriations
required to implement two Senate priority natural disaster-related bills – S. 213
Regulation of Wetlands, River Corridor Development and Dam Safety and S.310
Natural Disaster Government Response, Recovery and Resiliency. Funding was also
allocated for the FEMA match and to assist municipalities and businesses recover from
flood damage.

THE YIELD BILL: EDUCATION FUNDING FY25 – H.887:

There are two property tax classifications within the Yield Bill: homestead and non homestead.
Homestead applies to principal dwellings and surrounding acreage. Approximately two-thirds of
property taxpayers receive a property tax credit based on their income. Property tax credits are
lagged a year, so credits households see on their FY25 bills will be based on their FY24 property
taxes paid and 2023 income. Non homestead applies to all other properties, including apartments,
second homes, and businesses.The homestead property tax rate is affected by local education
spending decisions.The non homestead rate is set at the statewide level and not locally adjusted
by school district spending, although it does reflect total spending statewide.
The Legislature sets the “yield” annually; more specifically, the property dollar and income
dollar equivalent yields for the purpose of setting the homestead tax rate and the non homestead
property tax rate. JFO estimates that the yields and rates will correspond with an average
increase of approximately 13.8% for homestead property tax bills, income education tax bills,
and non homestead property tax bills. These yields and rates are set at a level estimated to be
sufficient to fully fund the Education Fund. The implications of not having a yield bill are
serious.
Property taxes are set to increase significantly this year; the Legislature worked to include
property tax relief, cost-containments and long-term structural reform opportunities for our
state’s education finance system. This includes:
➔ Buying down rates: The yield bill expands revenues to the Education Fund. The revenue
generated will be used to buy down property tax rates. The revenue sources are as
follows:
◆ Repealing the sales tax exemption for prewritten software accessed remotely
($14.7m in FY25, $16m annualized), also known as the “cloud tax exemption.”
Act 51 (2015) created an exemption for prewritten software accessed remotely,
otherwise known as cloud software. The yield bill repealed this exemption and
subject sales of these programs to the 6% Vermont sales and use tax. The repeal
of the exemption would primarily apply the sales tax to Software as a Service
(SaaS) cloud applications and custom software or IT services would continue to
be exempt.
◆ Including a 3% surcharge on short-term rentals ($11.8m in FY25 and $14.7m
annualized). Short-term rentals are defined as a “furnished house, condominium,
or other dwelling room or self-contained dwelling unit rented to the transient,
traveling, or vacationing public for a period of fewer than 30 consecutive days
and for more than 14 days per calendar year” and include both entire units and
single rooms if the rental is for less than 30 consecutive days. Currently, these
rentals are subject to the 9% rooms tax (10% in towns with a local option tax),
which is allocated to the General Fund (69%), Education Fund (25%), and the
Clean Water Fund (6%). The rooms tax allocation would remain the same but the
entirety of the surcharge would go to the Education Fund.

◆ In addition to the above, $25m in surplus General Fund revenues were dedicated
to the Education Fund to have an even greater impact on buying down property
tax rates for FY25.

➔ Long-term structural reform: The yield bill also establishes the “Commission on the
Future of Public Education in Vermont,” and the “Education Fund Advisory Committee.”
The Commission on the Future of Public Education in Vermont to study and make
recommendations for a long-term statewide vision for Vermont’s public education
system. The Education Fund Advisory Committee to monitor Vermont’s education
finance system, conduct analyses, and make recommendations on multiple considerations
of Vermont’s Education Fund. The Committee is composed of 12 members.
➔ Cost-containment measures: The excess spending threshold is a provision that adjusts tax
rates so that districts spending above it are taxed a second time on the excess spending
amount. The excess spending threshold was amended so that it is calculated as the
statewide average per pupil spending in fiscal year 2025, increased for inflation,
multiplied by 116%. It includes an exemption for increases in voter-approved bond
payments year over year.

ACT 250 UPDATE AND HOUSING DEVELOPMENT H.687:

Vermont’s signature land use law, Act 250 is more than fifty years old – it was developed during
a time when most Vermont towns had no zoning or regulations. Act 250 has been an important
check on development that has helped preserve the Vermont we know today. However, our
state’s chronic housing shortage has made it abundantly clear that Act 250 could be improved to
both protect our critical natural resources and make it easier to build much-needed affordable
housing. This bill’s intent is to strike a balance between increasing protections for Vermont’s
most ecologically sensitive areas while allowing for increased flexibility to build housing and
other infrastructure in designated downtowns and village areas.
By transitioning to a tier location-based jurisdiction model, it will essentially be easier to build in
designated downtown areas and village centers, and more difficult to build in environmentally
sensitive areas. The tier designation process of this bill divides all of Vermont into four tiers:
Tier 1A, 1B, 2 or 3. A municipality may apply for a Tier 1A area if they have robust zoning and
development, and thus receive full Act 250 exemption, while Tier 1B areas are designed to be a
more accessible, lower threshold for village centers with existing water or sewer infrastructure.
Tier 3 are ecologically sensitive areas, where even putting a shovel into the ground may trigger
Act 250 review. Tier 2 designation would be everything remaining, which is the majority of
Vermont.
Each town will have the opportunity to work with its Regional Planners to designate areas it
wants to develop and those areas they want to protect or limit development. This is envisioned
to be a ‘ground up’ process, with towns invested in their final tiered map.
One major reform of this bill is increasing tax credits available for housing projects that
prioritize flood mitigation and building code improvements. Additionally, specific flood-impacted properties will be temporarily exempt from state and municipal property taxes.
Property transfer taxes will now be exempt on the first $200,000 of a property’s value, and
instead will be imposed as a 3.4% tax on the sale of second homes.
This bill aims to create a meaningful balance between environmental conservation and
infrastructure accessibility, particularly our dire need for more affordable housing.

CLIMATE RESILIENCE/FLOOD SAFETY – S.213:

After the devastating floods of 2023, and with climate projections indicating worsening and more
frequent future flooding, the Legislature aimed to adopt policies to build climate resilience and
reduce flood-related damages to Vermont’s communities. As Vermont continues to rebuild and
recover from this summer’s devastating flooding, we must guarantee that Vermont is rebuilding
smarter and stronger with resilience against future flooding events at the forefront.
This bill takes important steps toward reducing the risk of future flood damage by addressing
dam safety, improving the state’s approach to development in river corridors and wetlands, and
making watersheds more resilient in the face of the climate crisis. Dam safety will be improved
by strategically removing dams that exacerbate flooding and are a public safety risk. River
corridors will now be regulated by our state to create a stronger buffer between floodwaters and
future development, which will help reduce flood-related damages and costs for Vermonters.
Finally, there is now a 2:1 wetland net-gain policy to reverse historic wetland loss through
protection and restoration.

THE CLIMATE SUPERFUND BILL – S.259:

This bill establishes a process for requiring fossil fuel companies to pay the State for the
damages and costs associated with climate change. These climate change costs include
infrastructure renewal, ecosystem adaptations, public health investments, and more. In turn, this
source of revenue will fund climate adaptation projects in Vermont. Companies that sold more
than 1 billion tons of fossil fuel between 1995 and now will be held liable. The Agency of
Natural Resources and the State Treasurer will report back to the Legislature by January 15,
2025 about the feasibility and progress of implementing the processes of this bill, and how to
move forward most effectively.

THE RENEWABLE ENERGY STANDARD BILL – H.289:

This bill updates Vermont’s existing Renewable Energy Standard, which was implemented in
2015. All utilities would require all utilities to transition to 100% renewable energy by 2035, and
20% of that energy must be generated in state. The RES bill allows utility companies to continue
purchasing nuclear power, and now requires utilities to purchase renewables like offshore wind
power within the region. The bill also restricts large scale hydropower and biomass facilities
from expansion.

IMPROVING GOVERNMENT’S RESPONSE TO NATURAL DISASTERS – S.310:

In the wake of Vermont’s 2023 floods, this bill was crafted to improve our government’s
response to natural disasters through improved planning, communications, emergency response
personnel, and prevention work. The bill creates a Community Resilience and Disaster
Mitigation Grant Program to award grants to municipalities to provide support for disaster
mitigation, adaptation, or repair activities. It also requires a flood after-action review and
expands and codifies the State Emergency Management Plan to include more entities in
emergency planning efforts at the state and local level. This bill clarifies the statutory
requirements and fee assessments for municipal stormwater utilities and creates the state Urban
Search and Rescue Team within the Department of Public Safety. Additionally, it requires
certain policies related to 911 and state emergency communications, including language
assistance services for individuals who are deaf, hard of hearing, or deafblind, and individuals
with limited English language proficiency. Finally, the bill updates the emergency powers of the
Governor.

CONSUMER PROTECTION; DATA PRIVACY – H.121:

This bill’s intent is to balance consumer protection with responsible business practices regarding
data collection. H. 121 puts a range of restrictions on companies who collect and sell sensitive
consumer data, such as social security numbers, or financial and medical information, by
ensuring that companies can only collect or distribute data that is necessary to deliver a good or
service. H. 121 broadens the allowed ways that companies can collect and utilize non-sensitive
data, like for catalog mailings, email lists, and advertising. If a company that processes more
than 100,000 Vermonters’ data annually violates an individual’s privacy rights, consumers
would have the right to opt out, request a cure, appeal, or sue companies (the “private right of
action” provision). The Kids Code provisions of the bill would require Big Tech companies to
have increased privacy protections for minors on their platforms and limit addictive features like
infinite scroll.

PUBLIC HEALTH:
THE PFAS BILL – S.25:

This bill enhances our work to limit exposure to toxic chemicals, particularly PFAS, through
consumer products. Thanks to this bill, cosmetics, menstrual products, textiles, athletic turf, pots
and pans, and other commodities containing PFAS and/or other toxins won’t be manufactured or
sold in Vermont. This bill mandates the Agency of Natural Resources and the Vermont
Department of Health to write a report and implement a comprehensive program to identify,
regulate and limit toxic chemicals in Vermont. Ultimately, both Vermonters’ public health and
our environment will be protected.

THE PRIOR AUTHORIZATION BILL – H.766:

This bill eliminates time consuming administration, paperwork and telephone calls, related to
prior authorization for most primary patient care. It would allow exemptions to step therapy
processes if a consumer’s drug is expected to be ineffective, have adverse side effects, if the consumer is stable on a cheaper substitute, or if the current drug may cause impairment. This will
increase access to care for patients and reduce costs for primary care providers.

THE OPC BILL – H.72:

This bill supports the creation of an Overdose Prevention Center (OPC) pilot program in
Burlington under guidelines developed by the Department of Health. Illicit substances can be
tested for potentially lethal contaminants. People seeking help for addiction can receive medical
care, clean needles, and referral for support and recovery services. In areas where OPCs already
exist, like New York, Canada and Europe, have all reported the reduced need for emergency
transport, decreased crime and public safety needs in areas near OPCs, an increase in those
seeking recovery, and most importantly, a decrease in overdose deaths.

REGULATING GHOST GUNS and PROTECTING POLLING PLACES – S.209:

Vermont currently does not regulate so-called “ghost guns,” which are do-it-yourself,
unserialized homemade guns made from often unregulated parts and kits. Because of loopholes
in federal regulations and state law, ghost gun sales have skyrocketed in recent years, allowing
convicted felons, violent domestic abusers, and other people who are legally prohibited from
purchasing firearms (such as children) to purchase them with no background check and no
questions asked.
This bill requires the core building blocks of firearms to be serialized if they can readily be
converted into fully functioning firearms, ensuring that they can be traced back to their source if
they are used in connection with a crime.
In addition, this bill prohibits carrying guns into Polling Places during early voting and elections.
The bill does not prohibit Vermonters from manufacturing homemade firearms, including
through the use of 3D printing technology, it simply requires them to go through a background
check and ensure the firearms they manufacture are serialized.
Critically, this bill would give Vermont law enforcement the tools to pursue individuals and
companies selling ghost gun kits into Vermont, allowing them to cut off the flow of ghost guns at
its source. Protecting the health and safety of Vermonters with commonsense provisions such as
those in this bill continues to be a top priority of the legislature.

THE CAPITAL BUDGET BILL – H.882:

A major topic in this year’s capital budget bill was the replacement of the Chittenden Regional
Correctional Facility, Vermont’s only women’s prison. This section of the bill gave authority to
the Commissioner of Buildings and Grounds to evaluate potential sites for a new facility and to
purchase land in a location that meets certain criteria, which include being near support services,
work opportunities and transit. The bill also authorizes purchase of property to site a reentry
facility, which would be the first of this type in the State. A reentry facility is designed and
operated to help people prepare for transition back into the community, providing continual access to services and supports and allowing individuals to participate in work release and day
reporting.

CODE OF ETHICS UPDATE – H. 875:

This bill builds on the work of the last 6 years to establish an Ethics Commission and a code of
Ethics for Vermont’s state and local government. This year’s addition to that work is
encompassed in H.875 and has three main intentions: to add requirements for state and county
candidate and executive official financial disclosures, to expand the powers and duties of the
State Ethics Commission, and to create a Municipal Code of Ethics. This bill adds disclosures of
certain investments, loans, and trusts for candidates, certain executive officials, and their
spouses/partners, and imposes penalties for failure to comply. It expands the power of the Ethics
Commission to collect data, provide guidance, engage in investigations, and issue warnings and
reprimands regarding ethics complaints. Finally, the bill creates a Municipal Code of Ethics for
certain town officials, requires training, policies & procedures, enforcement, and reporting. This
bill also establishes whistleblower protections for municipal employees. These provisions are
phased in over the next two years.

MOVING TOWARDS PAY EQUITY – H.704:

The Vermont Legislature continued its work improving pay equity for Vermonters – especially
Vermont women and members of our BIPOC community. This bill requires Vermont employers
to disclose compensation or a compensation range, in job advertisements to prospective
employees. By providing greater information on compensation during the job application
process, people are empowered to negotiate on a level playing field. Currently, women in the
United States make 84% of what men make, and in Vermont, they make 93% of what men do.
When employers enter negotiations without a predetermined salary range, candidates tend to rely
on their past pay as a reference point. It’s common for applicants to request a salary 10-20%
higher than their previous earnings. However, given that women and people of color typically
earn less than white men in the same occupations, they would need to demand a much larger
increase to reach equity. Consequently, women and people of color often state lower salary
requirements during negotiations which means existing pay disparities are perpetuated.
Providing applicants with clear information about negotiation contexts significantly reduces
gender disparities in negotiations. With this information, gender-based differences in negotiation
diminish, leading to fairer outcomes.

OPEN MEETING LAW UPDATE – S.55:

Since the beginning of the COVID pandemic, we have temporarily permitted all public bodies to
meet fully remotely, without a physical meeting location. These provisions expire on June 30,
2024. Thus, S.55 will permanently update Vermont’s Open Meeting Law, requiring all state-
level non-advisory public bodies to meet in hybrid form, all local non-advisory public bodies to
meet with a physical presence, and all advisory public bodies to meet in the manner of their
choice. The bill requires public bodies to provide alternative access to members of the public and
establishes that public bodies may alter their meeting plans in the event of emergencies or certain
local incidents. The bill establishes a working group, chaired by the Secretary of State, to provide further recommendations for improving access to and participation in Vermont’s public
meetings. See this one-page summary for further details.

THE LITERACY BILL – S. 204:

This bill proposed to require the Agency of Education to approve universal reading screeners for
use by public school districts and approved independent schools and these entities would be
required to screen students in kindergarten through grade three using the universal reading
screeners. Reading interventions would be implemented for students who exhibited substantial
reading deficiencies, and families would be notified. Certain reading performance data would be
required to be reported from school districts and approved independent schools directly to the
Agency of Education.

THE LIBRARY BILL – S.220:

This bill mandates that library policies align with the First Amendment and anti-discrimination
laws, ensuring libraries remain safe havens for free speech, inquiry, and discovery. This bill also
requires school libraries to draft and maintain collection policies and reconsideration procedures
when developing their collection. With these clear policies and procedures, it is impossible to
simply ban a book because of someone's personal discomfort or bias.
Vermont libraries set a bold vision that will hopefully inspire other states to recognize and
support the integral role of libraries in fostering an informed and inclusive society, while
protecting an individual’s right to free access to information. This bill is an affirmation of the
essential role that libraries play in the cultural and educational landscape of Vermont.

 


2024 Town Meeting Week – Senate Bill Updates

This document is meant to provide brief summaries of various bills of note ahead of Town Meeting Week and is not a comprehensive list of all bills or priorities.

Flood Recovery & Disaster Preparedness; Climate Mitigation & Resilience:

Flood Safety Act (S.213): After the devastating floods of 2023, and with climate projections indicating worsening and more frequent future flooding, we must adopt policies to build climate resilience and reduce flood-related damages to Vermont’s communities. As Vermont continues to rebuild and recover from this summer’s devastating flooding, we must guarantee that Vermont is rebuilding smarter and stronger with resilience against future flooding events at the forefront. S.213 takes important steps toward reducing the risk of future flood damage by addressing dam safety, improving the state’s approach to development in river corridors and wetlands, and making watersheds more resilient in the face of the climate crisis. Key provisions of of S.213 include:

  • Dam Safety: Improve dam safety by consolidating oversight and strengthening maintenance requirements for dam owners, while investing in the strategic removal of dams that exacerbate flooding and pose a risk to public safety.
  • River Corridor Protections: Better manage high-hazard river corridors by implementing statewide regulations to keep future development out of harm’s way and allow space for our rivers to store and slow floodwaters, which can help reduce flood impacts and costs for Vermonters.
  • Wetland Protections: Better protect these vital natural resources, which mitigate flood risks, by improving wetland mapping and reporting, and establishing a 2:1 wetland net-gain policy to reverse historic wetland loss through protection and restoration.

Improving Government Response to Natural Disasters (S.310):

Following the 2023 floods, Vermonters experienced firsthand the gaps in the State’s flood response and recovery efforts. As we continue to rebuild and recover from summer flooding events, it’s critical that we identify and address gaps in Vermont’s flood response and recovery efforts and enhance future disaster preparedness.

The bill would address many of the gaps in the State’s current response system, including emergency communications and translation, shelters and evacuation routes, emergency planning and training, stormwater utilities, public works employees and first responders, and swift water rescue teams. Key provisions of S.310 include:

  • Creating a Community Resilience & Disaster Mitigation Fund for municipalities to apply for grants for local disaster mitigation projects
  • Providing funds to municipalities that were impacted by the August and December floods (the BAA provided funding for communities impacted by the July floods)
  • Defining emergency response personnel and requiring local emergency management organizations and local emergency planning committees to incorporate information regarding the utilization of emergency response personnel into emergency management plans
  • Include public works and water & sewer employees as first responders and make such employees eligible for survivor benefits if they’re killed while responding to a natural disaster
  • Consolidating existing laws governing sewer utilities and amending the authority of sewer utilities to adopt rates based on equivalent residential units
  • Authorizing the Department of Public Safety (DPS) to create the Urban Search and Rescue Team to provide for the rapid response of trained professionals to emergencies and other hazards occurring in the State and creating a Chief Climate Resilience Officer in the Department of Public Safety
  • Requiring Vermont 211 to keep confidential any personal information acquired from victims of natural disasters except for coordinating relief work for individuals
  • Supporting E-911 and VT-Alerts after significant disaster events, having VoIP service providers provide subscriber information to the Enhanced 911 Board, and requiring telecommunications companies to notify their customers of outages impacting communication with 911 or receiving emergency notifications
  • Requiring Vermont Emergency Management (VEM) Division to publish best management practices for rebuilding after emergencies and for the placement and funding of local emergency shelters, and to provide interpretation services for emergency communications.

FY24 Budget Adjustment Act – Municipal Flood Relief Money:

  • Adds $30M GF to the AoA needed for FEMA match for costs incurred by the State due to the July 2023 flooding event.
  • Provides $23.5M GF for municipalities impacted by the July 2023 flooding event.
  • Transfers $17.25M GF to the Emergency Relief and Assistance Fund (ERAF)
  • $11M State share of Municipal FEMA Match funded.
  • $6.25M to increase State share of Municipal FEMA Match.
  • Allows the Secretary of Administration to forward fund ERAF payment to municipalities.
  • Dedicates $6.25M GF to municipalities for local economic damage grants.

You can see a breakdown here of municipal allocations.


Housing, Homelessness & Act 250:

The devastating weather events this summer only exacerbated Vermont’s housing and homelessness crises. Housing shortages have kept vacancy rates low, median rent prices high, and have increased barriers to homeownership – especially for low and moderate income Vermonters. We must prioritize statewide access to stable, affordable housing to build a thriving, resilient and vibrant future for all Vermonters.

Since 1970, Act 250 has been a significant part of shaping the Vermont we know and love today. Part of solving Vermont’s housing crisis will involve revisiting and reimagining Act 250 to reflect current realities and to meet the needs of Vermonters now and into the future. After 50 years of serving Vermont well, it deserves our full attention and focus as we grapple with addressing the dual climate and housing crises. This means getting people out of flood paths and mudslide zones, giving towns the tools to create a climate resilient vision for their communities, letting stakeholders act with the speed and flexibility needed to achieve that vision, and supporting a diverse set of first generation homeowners.

The Senate Committee on Natural Resources will be taking up multiple housing bills immediately after crossover, including the Senate Committee on Economic Development’s housing bill, S.311.


FY24 Budget Adjustment Act: Emergency Housing:

  1. Adds $11.3M GF for General Assistance Emergency Housing and provides language to cap the rates that DCF can pay for hotel and motel rooms. Provides flexibility to address access to services or related needs within the contractual agreement.
  2. Of the $4M GF appropriated for emergency shelters:
  • $1.3M to DCF to stand up emergency shelters
  • $671K for transitional housing for refugees
  • $2M to VHCB for permanent emergency shelters

Community Health & Safety:

Vermonters have long valued our tight-knit communities, locally-focused and innovative economy, and the health, safety and wellbeing of our families and neighbors. Public health and safety concerns in communities across the state have grown and the legislature is prioritizing a variety of policies focused on building safer, stronger, and healthier communities for current and future generations.

Prop 1 proposes amending Vermont’s Constitution to allow the Legislature to establish by law qualifications for individuals to be elected to and hold certain county offices and to be removed from office for failure to meet or to maintain those qualifications. A constitutional amendment must first be approved by the Senate and House in two successive biennia before the proposed amendment is considered by voters on the ballot.

Prop 1 would allow Vermont voters the opportunity to approve the Legislature’s ability to provide greater oversight and accountability of certain county elected officials, given the serious and ongoing concerns and current lack of adequate accountability mechanisms. Currently, the exclusive remedy for removing an elected official from office is impeachment, which is a lengthy, arduous, expensive and often political process.

If the constitutional amendment passes the Legislature and is approved by Vermont voters, the details of a removal process would have been determined by a future legislature through the legislative process and would likely include provisions for an appeals process, something that’s not possible with the impeachment process.

Ghost Guns (S.209):

Vermont currently does not regulate so-called “ghost guns,” which are do-it-yourself, unserialized homemade guns made from often unregulated parts and kits. Because of loopholes in federal regulations and state law, ghost gun sales have skyrocketed in recent years, allowing convicted felons, violent domestic abusers, and other people who are legally prohibited from purchasing firearms (such as children) to purchase them with no background check and no questions asked.

This bill requires the core building blocks of firearms to be serialized if they can readily be converted into fully functioning firearms, ensuring that they can be traced back to their source if they are used in connection with a crime. The bill does not prohibit Vermonters from manufacturing homemade firearms, including through the use of 3D printing technology — it simply requires them to go through a background check and ensure the firearms they manufacture are serialized. Critically, the bill would give Vermont law enforcement the tools to pursue individuals and companies selling ghost gun kits into Vermont, allowing them to cut off the flow of ghost guns at its source. Protecting the health and safety of Vermonters with commonsense provisions such as those in S.209 continues to be a top priority of the legislature.

Harm Reduction Centers (H.72):

Vermont has recently experienced record-breaking years for overdoses and overdose deaths. This bill proposes to establish a pilot program for two overdose prevention centers to add to our toolbox to combat overdose deaths. This epidemic is a public health crisis and we need to continue to act to save lives and support communities. The City of Burlington has expressed an interest in becoming a site and the intention would be to establish an additional site in southern Vermont. The bill also allows for a mobile unit(s). Overdose prevention centers are places where, under supervision, people can use substances that pose an overdose risk. Additionally, overdose prevention centers will:

  • Provide a space supervised by health care professionals and other trained staff
  • Supervise the use of substances that the individual has acquired elsewhere (they will NOT be provided by the center)
  • Provide medical care, including wound care
  • Provide harm reduction supplies (sterile needles, etc.)
  • Provide referrals to addiction treatment, medical services and social support services
  • Provide secure disposal of hypodermic needles
  • Educate individuals on proper needle disposal
  • Educate individuals on the risks associated with substance use
  • Provide education on prevention
  • Distribute overdose reversal medications

H.72 provides immunity from arrest or prosecution under state law for:

  • A person using the services of the center
  • A staff member or administrator, including health care professionals, employees, or volunteers of a center
  • A property owner in which the center is located and operates
  • The immunity is specific to the actions related to the use of the center

The Department of Health, in consultation with stakeholders and colleagues in other states that operate overdose prevention centers, shall develop operating guidelines by April 1, 2025. The Department shall establish an application process with specific timeframes for decision-making and appeal. Initial successful applicants will be granted approval to operate for two years. Current needle exchange programs are eligible to apply. Additionally, the municipal governing body of a community needs to vote affirmatively to host a fixed or mobile site.

The bill does not rely on Vermont taxpayers; it uses no state general funds. It utilizes an existing pharmaceutical manufacturer fee for drugs currently used in Vermont’s Medicaid program. That fee is currently set at 1.75 percent of Medicaid drug expenses; H.72 increases the fee to 2.25 percent. These fees already go into a specific fund (the Evidence-based Education and Advertising Fund) for use by the Health Department to support activities related to substance use disorder.  An increase in this fee will not increase pharmaceutical costs for Vermonters. This is also an ongoing source of funds.  Given the amount of resources available through this Fund, utilizing money directly from the manufacturers of these drugs to combat the overdoses they produce, makes this a logical source of funds for this pilot.

The bill contains language and funds from the opioid settlement fund to support a research study to evaluate their impact.

The first people to benefit will be individuals who are dealing with substance use disorder.  However, the ripple effects of preventing overdose deaths extend to family, friends, and our communities and state.  Emergency responders report that responding to overdoses is among their top reason for being called upon.  Law enforcement report similar information.  We can’t help people seek treatment and recovery if they are dead.  H.72 is expected to help save lives, reduce public drug use and the needles that can now be found in many public spaces, reduce emergency room visits, and turn some who make use of the centers to treatment.

There is a growing body of research that supports the effectiveness of such centers in saving lives, reducing public drug use, reducing pressures on emergency room visits, and turning some who make use of the centers to treatment. Some sources you may want to review:

● An annotated bibliography of research on the impact and effectiveness of centers that operate in the United States and internationally. It can be found here: 2022-2023 Annotated Bibliography for Overdose Prevention Centers

A 2023 Cato Institute report that identifies the ways in which OPCs are an effective, mainstream harm‐reduction strategy.

Sixteen or more countries currently operate overdose prevention centers. In the United States, OPCs operate in New York City, Philadelphia and the state of Rhode Island. Massachusetts recently issued a feasibility report and recommends establishing OPCs; legislation is currently being considered there.


Miscellaneous Bills

Transportation:

License Plate Eligibility for Veterans (S.256) is inspired from S. 264 refining the listing process for the DMV to offer special plates for members of the US Armed Forces.

The ‘Make Vermont Flat Again Bill (S.154) would update our statutes around our recognized sole coordinate system for defining and stating locations of points on the surface of the earth within the state of Vermont.

The DMV Misc. Bill (S.309) has a lot of varying sections including language from other introduced bills regarding window tinting standards in Vermont, car safety seats standards in our statutes (aligning Vermont with national pediatric recommendations), rotor brake rotors inspection standards, emergency warning lamps, fraudulent airbags and many more topics brought to us by the administration. This bill includes language from Bills S.187, S. 210 and S. 287.

Work Zone Safety practices including available technologies to monitor speed of vehicles.  All of our neighboring states are using Automated License Plate Readers for different transportation management capabilities and the interest of the committee is to work through many of the valid concerns regarding privacy, logistics, appeals and management with a pilot focused on Interstate Work Zone safety – similar to what we understand Connecticut to have done recently.

Fish and Wildlife Board:

S, 258 was drafted to further the principles of respectful civil exchange on wildlife management topics and gives an opportunity for Vermonters, both licensed and non-licensed, to work together using science based decision making on the Fish and Wildlife Board (FWB). Key provisions of the bill include:

  • Assigning all rulemaking for fish and wildlife matters to the Commissioner. This is in line with how most boards operate, by advising and giving recommendations to the agency they serve. The rulemaking directed by the Commissioner will be based on science.
  • Expanding its role to advise the Commissioner regarding game species (its current role) and non-game species. This includes the habitats for both because in nature there is no differentiation between these groups and the habitats they share.
  • A board made up of 15 Vermonters, balanced with licensed members (people who hunt, fish, and trap) and non-licensed members (people who engage in other wildlife activities such as watching, photographing, or listening to wildlife).  The board’s members will be appointed in equal numbers by the Governor, Senate, and House.
  • Making permanent the recent moratorium on hunting coyotes using hounds. While only 1 in 7 Vermonters hunt, all Vermonters share an interest in keeping wildlife healthy, and this bill brings everyone’s voice into the conversation while ensuring that the trained professionals at the Department of Fish and Wildlife manage using the best science available.

Consumer Protection: Vermont “Kids Code:”

Despite overwhelming evidence that social media is addictive and harmful to children, the internet has never had product safety testing for children and teens. The Vermont Kids Code would require online products “reasonably likely to be accessed by children under 18” to be age-appropriate, institute privacy by design and default, and be designed with kids’ best interests

The consumer protection approach focuses solely on ensuring that kids have data privacy protections and safely designed products. The bill does not regulate content and doesn’t focus on specific products such as social media or online gaming, but would apply to all online products reasonably likely to be accessed by kids. Big Tech product design changes under this type of law could include regulation like turning on Google SafeSearch by default for users under 18, turning off TikTok notifications for those under age 16 at 9pm and for those under 18 at 10pm, disabling direct messages on Instagram and TikTok between children and adult strangers, and turning off autoplay on YouTube and turning on break and bedtime reminders by default.

The Vermont Kids Code, based on an updated version of the California Kids Code, has been held up in the courts by a lawsuit brought by Big Tech lobby firm, NetChoice. Vermont and 40 other states have sued Meta for intentionally designing addictive and harmful products. The Vermont Kids Code would address the extractive practices outlined by Vermont Attorney General Charity Clark in the recent Vermont lawsuit, including the use of extortive privacy practices and the use of addictive features such as infinite scroll and autoplay.

Kids Code would provide both additional parental controls and tools for users and require companies to assess and revise their products and services under a new “duty of care” model. Given the growing body of evidence of the harms of online products, and the growing state litigation efforts to combat them, we know Big Tech will not prioritize our kidsʼ privacy and safety unless regulation requires them to do so.

Education Finance & Pupil Weighting (H.850):

This year, the legislature has heard from school boards and towns and cities across the state that they are struggling to create school budgets that both meet student needs and are reasonable for taxpayers. The legislature’s priorities in addressing these concerns are twofold: to support Vermont taxpayers and support Vermont’s schools and school children.

Which factors are contributing to higher projected property tax rates this year?

  • Non-property tax revenue is down, and education costs are facing unprecedented increases. During and since the pandemic, the Education Fund has had greater revenue from increased sales and use tax revenue. The legislature used that money in two ways: added to reserve funds, and used the remainder to protect taxpayers from rising property tax rates. Now that sales tax revenue has normalized, the difference in revenue will mean property tax rate increases will rise.
  • The CLA (common level of appraisal) is really high this year, related to a strong real estate market statewide and an increase in home values on Vermont’s grand list. The strong grand list growth increases the base that we use to set a statewide rate, thereby lowering the district rate. However, the accompanying CLA might increase the nominal tax rate at the town level. If the legislature, for example, froze the CLA at last year’s level that would increase the statewide tax rate before the CLA was applied.
  • Federal pandemic funds to support learning loss (ESSER) have run out while student needs have continued, including addressing absenteeism and mental health challenges. Schools have even more pressures to address. They are experiencing employee shortages and inflationary pressures. Combined with the challenging nature of work in schools, there has been a need to increase employee pay to face those needs. Healthcare costs are increasing by double digits for all Vermonters, including school employees. In addition, heating costs, transportation costs, and other supply costs are subject to the same inflationary pressures that we are seeing globally. As a result, education spending is proposed to go up by an unprecedented $250 million statewide
  • The coinciding implementation of the 5% cap on homestead tax rates (at the district level to make the pupil weighting transition less abrupt for districts that have a reduced tax capacity) in Act 127, known as the Pupil Weighting Bill, has made budgeting confusing and sent inaccurate messages about what was possible without raising taxes. The 5 % cap in Act 127 was designed for one purpose: to help districts hit particularly hard by the changes in pupil weighting make adjustments over time to accommodate those changes. It was created at a time when education spending increases were generally in the low single digits, not the 15 percent increase statewide proposed for FY25 budgets today. However, the “5% cap” mechanism in Act 127 had not behaved as expected, preventing the legislature from taking necessary steps to reduce property tax rates for Vermonters, across towns. H.850 addresses the flaws in this mechanism.

To restore the relationship between budgets and tax rates, and to align school budgets more closely with the state’s ability to financially support them, H.850 eliminates the 5% cap mechanism and replaces it with a new mechanism to protect the equity it was intended to create while addressing the immediate crisis facing budgets, voters, and taxpayers, in March and beyond.

The new mechanism in H.850 is more precise and will target only the districts that face reduced taxing capacity under Act 127. For these districts, this new bill provides one cent relief on the tax rate for each percentage point of negative change to the district’s share of the statewide weighted pupil count. This mechanism helps impacted communities while incentivizing all districts to build budgets that align with their community’s ability to pay.

While this measure comes at a very challenging time for town clerks, their communities and school districts it’s become increasingly clear as we’ve received budget information from across the state that this change is necessary. It’s the first step the legislature must take to address the projected 20 percent increase in property tax rates while supporting the budgets approved by school boards and voters.

Right now, town and school district clerks are hard at work preparing for Town Meeting in March. The legislature has been working closely with the Secretary of State’s office on this bill, and they are prepared to support town clerks and their staff through this process with guidance and reimbursement to offset costs related to rewarning budgets. The bill also appropriates $500,000 from the General Fund to the Secretary of State in fiscal year 2024 to offset election costs incurred by school districts due to rewarning and/or postponing budget votes.

H.850, which was signed into law last week, will repeal the 5% cap transition mechanism established in Sec. 7 of Act 127 (2022), which included the five percent capping of homestead property tax rates and the Tax Rate Review, and replace it with new tax rate transition mechanism to be implemented between fiscal years 2025 and 2029. This new mechanism will grant a discount to some district homestead property tax rates for those who experience a decreased tax capacity, which are the result of changes between the fiscal year 2024 pupil weighting scheme and the fiscal year 2025 pupil weighting scheme. This new mechanism will target only the districts that face reduced taxing capacity under Act 127. For these districts, this new bill provides one cent relief on the tax rate for each percentage point of negative change to the district’s share of the statewide weighted pupil count. This mechanism helps impacted communities while incentivizing all districts to build budgets that align with their community’s ability to pay.

Update to Vermont Open Meeting Law (S.55):

The VT Open Meeting Law ensures that members of the public have access to public meetings and that public boards, commissions, and committees are transparent and accountable. During the COVID pandemic, public bodies were permitted to meet fully remotely and much was learned about how meetings could be held remotely. Thus, S.55 permits all advisory bodies to meet fully remotely, if desired. All state-level non-advisory bodies with legislative, quasi-judicial, budget, or taxing authority would be required to meet in hybrid fashion, with both remote and in-person access. All municipal-level non-advisory boards, including selectboards and school boards, would return to pre-COVID rules permitting them to meet fully in-person or in hybrid fashion. The bill would create a working group, chaired by the Secretary of State, that would work on issues to strengthen the accessibility, transparency, and accountability of all public bodies.