February 23, 2021 This document was prepared by members of the Vermont House Democratic caucus to help the public understand the work in our committees during the first half of the 2021 legislative session.
The page numbers link to the appropriate page. (posted by Rep. Scott Campbell, St. Johnsbury)
Table of Contents
Agriculture & Forestry – John O’Brien 2 Appropriations – Maida Townsend 3 Commerce & Economic Development – Michael Nigro 4 Education – Jana Brown & Kathleen James 6 Energy & Technology – Katherine Sims 7 Government Operations – Peter Anthony & Mike Mrowicki 9 Health Care – Leslie Goldman 10 Human Services – Dane Whitman 11 Judiciary – Will Notte 12 Natural Resources, Fish & Wildlife – Larry Satcowitz & Kari Dolan 13 Transportation – Becca White, Gabrielle Stebbins & Diane Lanpher 13 Ways & Means – Carol Ode 15
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Agriculture & Forestry – John O’Brien Working Lands & Farm to School While new bills, like babies, o en a ract much oo-ing and ah-ing, it’s good policy for commi ees to check in with the “legacies” of past legisla on. Early in the session, the House Commi ee on Agriculture and Forestry heard “what have you been up to?” tes mony on two programs it helped create and cul vate: the Working Lands Enterprise Ini a ve (WLEI) and the Farm to School program (F2S). Working Lands (which provides grants and consul ng for rural economic development projects) is such a success that the Governor has proposed adding $3 million in a one- me appropria on to next year’s WLEI budget. F2S, which advocates for, and coordinates, ge ng local food into our schools, is an on-going win-win-win (farmers benefit economically, healthy students are more focused, schools achieve be er results); the only restric on on expanding its success is financial, as there are never enough dollars for deserving programs.
Ag & Food: Road Map for the Future Eighteen months in the making, with input from over 1,500 Vermonters, the Vermont Agriculture & Food System Strategic Plan 2021-2030 debuted last week with much fanfare and apprecia on. A collabora on between the Vermont Sustainable Jobs Fund’s Farm to Plate team (F2P) and the Vermont Agency of Agriculture, Food and Markets (VAAFM), the work provides, as Secretary Tebbe s summarized, “a road map to the future.” “The Big Book,” all 200 spiral-bound pages of it, is made up of 54 product, market and issue briefs. For the next decade, this go-to resource will be the dog-eared “Ag bible” for policymakers and stakeholders, not to men on a good read for select boards and planning commissions, and a must-have for town libraries. Let’s just say you want to know what the bo lenecks in hop produc on are. It’s there. Or you want to dig into Vermont food opportuni es in major metropolitan markets. It’s there. Or you want to see what the experts recommend for food security, or farm succession, or racial equity in the Vermont food system. It’s all there. Not to men on strategic goals, priority strategies, and credits for the 52 lead authors and 111 expert contributors. Available online at: v armtoplate.com/plan/ or, if you ask the F2Pers nicely, as a hard copy.
Agritourism Protec on: Over to the Senate If House Ag is a proponent of regenera ve agriculture, it’s equally commi ed to regenera ve legisla on. Year a er year, only about 17% of proposed bills become law. When the two-year legisla ve cycle concludes—the so-called “biennium”—all bills that have been proposed, but not passed, die. At the start of the next biennium, those bills that didn’t cross the finish line need to be re-introduced, and, if they merit due diligence, the commi ees go back to work on them. The House just passed H.89, a re-working of last year’s H.794 (which died in the Senate). This bill codifies limi ng liability for agritourism, similar to the exis ng statute that insulates, but does not immunize, the equine industry from negligence.
Animal Welfare: Taking Another Look Also, last year, House Ag shepherded H. 254, an act rela ng to adequate shelter for livestock, all the way to the Governor, who signed it, and it became a new Vermont statute, Act 116. The law gives law enforcement and humane officers, in the event of a livestock cruelty inves ga on, the power to educate and enforce, essen ally to tell the overextended farmer or backyard hoarder, “These animals need shelter—either constructed or natural—so they won’t suffer in extreme weather.” This year, House Ag is hearing concern from rota onal grazing farmers who feel that this
2 regenera ve agriculture prac ce--even when their livestock are thriving--could land them in viola on of the new law. The upshot: House Ag may revisit H.254/Act 116 and give it a tweak.
The Commi ee is also going to resurrect H.940, sister legisla on to the adequate shelter bill. H. 940 died last year when COVID bills were, understandably, given top priority. This bill will clarify who can be a humane officer: going forward, it can only be a law enforcement officer, a humane society employee, or an animal control officer who has passed the updated training requirements on animal welfare and cruelty. Just because you answer the phone at a humane society or you know that Hamburg is a breed of chicken, doesn’t make you a humane officer.
Appropria ons – Maida Townsend
Fiscal Year 2022 Budget (259 words) House Appropria ons is currently working on the FY2022 budget, which covers the programs of state government and its community partner organiza ons from July 1, 2021 to June 30, 2022. The commi ee is on target to present its proposed budget to the full House in the middle of March.
Balancing the extraordinary infusion of federal and state revenues that will not be sustained over me while mee ng the extraordinary need of Vermonters as they endure the pandemic are the principal challenges of developing the budget. In a typical year, there is a structural gap between revenues and expenditures. This year, when we have 10 mes the usual number of people living in temporary housing, when we have five mes the usual number of unemployed people, when every downtown and rural community has businesses that are struggling on a day-to-day basis, the challenge is making strategic use of non-recurring money that will help Vermont build back be er.
The commi ee is going deep into the numbers, hearing budget tes mony from all state-related en es from all three branches of government. They are looking at performance accountability in new and old ini a ves. They have sought input from the public, hearing from 73 Vermonters in oral tes mony and 29 in wri en tes mony. They have sought recommenda ons from each of the legisla ve policy commi ees.
The goals? To cra a fiscally responsible budget that supports and strengthens Vermont communi es and families. To protect and li up the most vulnerable Vermonters. To move us beyond a maintenance budget only, across all 14 coun es, and leave no one behind.
Federal Support: Dollars Flowing from DC Since the early weeks of the pandemic in 2020, the COVID-related dollars flowing to Vermont from Washington have been substan al. As of mid-January 2021, the federal infusion equaled approximately 20 percent of our state’s economy. It is es mated to yet reach as much as 30 percent.
As of early December, approximately $5 billion had come to Vermont, much passing directly to agencies and departments for specified COVID relief purposes. Within this amount was the $1.25 billion that became the Coronavirus Relief Fund (CRF), from which the legislature had authority to appropriate dollars to target specific support of Vermonters and their communi es. Alloca ons ranged from assistance to dairy and non-dairy farms, working lands, state parks and other public lands to connec vity, health care stabiliza on, and child care and adult days; from a variety of economic business sectors, both for-profit and nonprofit, to UVM and the VT State Colleges system; from municipali es and pre-K-12 school districts to all manner of housing and jus ce-related en es.
3 Because use of CRF dollars had to follow strict federal guidance, un l Washington unexpectedly changed that guidance at the very end of 2020, por ons of alloca ons were reverted, reallocated, transferred. The bo om line is that, as of early February, $6.3 million was back in the CRF. The House Appropria ons Commi ee is considering carefully so as to allocate those dollars to the greatest immediate needs.
Note that all of this federal help, with even more on the way, is one- me money. Once we are at the be er side of the pandemic, Vermont must stand on its own in support of Vermonters coping with residual and on-going economic, emo onal, and social hardship.
Budget Adjustment FY2021 Budget Adjustment typically occurs midway through the fiscal year. It is a recalibra on, a truing up so as to maintain the state budget in balance. It is fiscal discipline. It is also an opportunity to adjust for the unforeseen. Here is just a sampling:
● There was a massive mix-up regarding 1099 tax forms sent out by the unemployment unit at the Department of Labor. The FY2021 Budget Adjustment Act (BAA) includes language to enable the most solid measure of valida on of informa on possible in replacing tax documents sent to unemployment recipients.
● VSNIP is Vermont’s low-cost spay neuter assistance program. It is funded by a por on of the registra on cost of dog licenses. With the pandemic, registra ons decreased and the fund was depleted. Vets are owed $180,000 for services rendered and $120,000 more is needed for the remainder of the year. The BAA includes the $300,000.
● The federal government removed its required use of COVID relief dollars by December 30, 2020. The BAA authorizes legisla ve appropria on through June 30. Available is $6.3 million. The Vermont State Colleges now will have un l December 31, 2021 to use $22.8 million towards COVID costs. A grace period becomes possible for the repor ng of hazard pay by employers, such that poten ally more eligible employees will be reached.
The BAA is clearly more than an accoun ng exercise. It is yet another opportunity to reach out, to offer support through these difficult days, weeks and months.
Commerce & Economic Development – Michael Nigro
Protec ng Vermont’s Small Businesses (126 words) The COVID-19 pandemic has had serious impacts on many small businesses, including the hospitality, events and tourism industries in par cular. Over the past year, a number of federal and state grants and forgivable loans have helped to ensure the survival of these opera ons. However, some businesses (such as those started or purchased in 2020, or late 2019) have not qualified for nor been able to access this assistance due to program criteria. The legislature has been working with the Governor’s administra on to create a $10 million “gap” grant program to help businesses that have received minimal to no assistance. This grant program recognizes that all businesses, whether new or smaller in size, play a cri cal role in the state’s economic recovery by pu ng Vermonters to work. Revitalizing Downtowns A er the comple on of a pilot program, the legislature is working with the Governor to devote $5 million to create the Be er Places Program. This program would provide grants between $5,000 and
4 $20,000 to improve the vitality of downtowns, with a focus on projects that can make an immediate impact to public spaces. Public area beau fica on, bike baths, use of vacant property and storefronts, enhancing farmers’ markets or community gardens, and projects to support downtown performing arts are examples of ways these funds could be used to revitalize town centers. Municipali es, community groups, and nonprofits would be eligible to apply. A further budget request has been recommended to add $5 million to the Downtown Transporta on Fund. This fund supports many larger projects aimed at improving the infrastructure of downtown centers, including streetscape improvements, street ligh ng, parking and signage upgrades, and pedestrian and bicycle safety.
Correc ons and Ins tu ons – Karen Dolan & Michelle Bos-Lun
Funding Capital Projects at State & Local Level The Correc ons and Ins tu ons Commi ee con nues to take tes mony regarding the Governor’s proposed Capital Budget. The $123 million proposal funds building and infrastructure projects across state departments through the alloca on of bonded dollars each biennium. Projects in the pipeline span restoring the slate roofs at the Waterbury State Office Complex, replacing door controls at Southern State Correc onal Facility, reloca ng the courthouse in Newport, and an overhaul of the parking garage at 108 Cherry St. in Burlington. While the majority of funds go to specifically planned projects, a significant amount of money is designated for grants and loans to Vermont communi es.
This locally-focused component of the Capital Budget creates important opportuni es for municipali es and community en es to leverage state dollars to ini ate projects, s mulate growth, and address local needs. Some of the grant and loan opportuni es considered include: ● Building Community Grants (cover a variety of areas, from recrea on and cultural facili es to historic barn restora on and economic development ini a ves) ● Agricultural Water Quality Grants ● Drinking Water State Revolving Fund ● Municipal Pollu on Control Grants ● Land Conserva on and Water Quality Projects
Visit each program’s website to learn more about the applica on process and deadlines.
Correc ons: Inves ga ng Allega ons, Changing the Culture The Correc ons and Ins tu ons Commi ee recently reviewed a report produced at the request of the Agency of Human Services by law firm Downs Rachlin Mar n (DRM). Commi ee members took extensive tes mony about the issues the report raised, as well as the inten on of DOC to change its culture within. The report was the culmina on of months of inves ga on into allega ons of sexual harassment, misconduct, abuse and exploita on at the Chi enden Women’s Correc onal Facility. While clear guidelines have been in place regarding these issues since 2014, numerous misconduct allega ons were reported nonetheless. Interim Commissioner James Baker wants to incorporate many of the DRM report recommenda ons seeking to change the workplace environment in the state’s correc onal facili es and throughout DOC. Proposed changes include: having staff that provide direct service to incarcerated individuals wear body cameras, having pre-employment polygraph tests, and forming both an advisory commission and a special inves ga on commission to address these kinds of misconduct.
5 Educa on – Jana Brown & Kathleen James
Equity & COVID Recovery The focus of the Educa on Commi ee’s work this year has been equity and the inten onal alloca on of educa onal resources, instruc on, access, and opportuni es according to need. We started by hearing updates from Vermont schools on their COVID-19 response plan, and how schools will con nue to move all students forward into the recovery and learning re-engagement phase. Common themes emerged: the most at-risk students need cri cal supports, the social and emo onal needs of students are significant, access to stable internet has been an ongoing challenge, staffing is difficult due to COVID, and capacity and resources have been seriously stretched. Through all these challenges, staff and students have shown remarkable innova on and resiliency. We’ll con nue to keep an eye on equity as we seek to be er serve all students statewide, while direc ng our resources in a targeted way to assist students who struggle.
School Construc on: Taking Stock & Studying Funding Built decades ago, it’s no secret that many of Vermont’s school buildings are aging and in dire need of repair. We are working on addressing the state of our school buildings and significant deferred maintenance needs by moving forward with a commi ee bill (DR 21-0782). Vermont is currently the only state in New England without a school construc on funding program; with the excep on of emergency projects, our aid program has been suspended since 2007. The proposed language starts with an update of the school facility standards and a statewide needs assessment survey for all school buildings. It also includes a report on funding op ons due in December 2022. Improving the physical learning space yields healthy and energy-efficient facili es and be er educa onal outcomes.
Early Literacy: Shoring Up the Founda on Literacy is a founda onal learning skill, and the work begins in the earliest grades. COVID-19 learning recovery and the need to improve Vermont’s literacy test scores has driven our work on H.101, which provides grant funding to build systems-driven, sustainable literacy supports for students. Effec vely suppor ng literacy instruc on requires a systema c and sustained effort to ensure that all students learn to read by the end of third grade. To help meet this goal, H.101 would allow groups of supervisory unions to work together to improve literacy teaching, provide coaching, measure outcomes, and ensure that students who struggle are iden fied and receive instruc on from highly qualified instructors.
Educa on Funding: The Weigh ng Study The commi ee is con nuing to address proposed changes to Vermont’s educa on funding formula. A December 2019 legisla ve study conducted by UVM (Study of Pupil Weights in Vermont’s Educa on Funding Formula) concluded that the manner in which the state calculates the cost of educa ng certain categories of students (including low-income, English language learners, secondary and preK, and rural students) is outdated and inaccurate. While this work is star ng in the Senate, the commi ee is discussing various proposals regarding how to implement the report’s recommenda ons and provide more equitable funding across the state.
Vermont State Colleges: A Cri cal Crossroads Last year, former Chancellor Jeb Spaulding touched off a firestorm when he published a white paper on the crisis facing the Vermont State Colleges. In response, the legislature passed Act 120 of 2020, which created the Select Commi ee on the Future of Public Higher Educa on to address “the urgent needs of the Vermont State Colleges and develop an integrated vision and plan for a high-quality, affordable, and workforce-connected future for public higher educa on” in Vermont. Working with the Na onal Center for Higher Educa on Management Systems (NCHEMS), the commi ee delivered its second report to the
6 legislature on February 12. The report urges the legislature to “act with urgency” in providing sufficient funding — over the next six fiscal years — to keep the state colleges stable while VSC commits to a far- reaching restructuring plan. Recommenda ons include maintaining the Community College of Vermont as a separate en ty focused on sub-baccalaureate and workforce-relevant training (especially for adults); combining Vermont Tech, Castleton and Northern Vermont University under a single accredita on; and an “aggressive coordina on” of administra ve services. The FY22 budget request of $67.4 million includes the historic $30 million base appropria on, funding to cover the ongoing structural deficit (gap between an cipated revenues and expenses), and investments in ins tu onal transforma on (IT, project management, marke ng and more).
Community Schools Pilot Program As crossover approaches, we’ll con nue to take tes mony on H.106, which proposes grant funding for eligible public schools to implement a “community schools” model. This innova ve model facilitates the provision of programs and services in a targeted manner to meet the unique needs of students and families around issues such as poverty, mental health, access to basic medical and dental care, and food and housing insecurity. We’ve heard tes mony from Vermont’s best-known community school, Molly Stark Elementary in Bennington, which offers universal breakfast and lunch to address food insecurity, extended hours before and a er school to support working families, in-school health services for low- income students (dental, audiology), and a summer academic program to prevent learning loss.
Energy & Technology – Katherine Sims
Broadband: Suppor ng Rural Buildout Access to high-speed internet is essen al to daily life. We use the internet to go to work, a end school, see a doctor, interact with government, and connect with our community and the world. Unfortunately, the promise of modern communica ons has bypassed many rural communi es in Vermont.
Our comprehensive commi ee bill (DR 21-0185) seeks to accelerate community broadband deployment throughout Vermont. Key elements include: funding for pre-construc on expenses, expanded grants and loans for building broadband infrastructure in unserved and underserved areas, a new workforce development program, and protec ons for Vermonters’ privacy and unrestricted access to the Internet. This bill would bring over $50 million of new capital to support the construc on of community-based fiber assets in the most underserved parts of the state.
The legisla on also establishes the Vermont Community Broadband Authority to coordinate and fund broadband buildout, to support Vermont’s regional communica ons union districts (CUDs) and their partners, and to advocate at the federal level for programs and policies that will accelerate the deployment of universal broadband in rural Vermont.
Modernizing Our IT Infrastructure For decades, Vermont has under-invested in state government’s informa on technology infrastructure. By dedica ng a significant down payment to long-deferred IT projects this year while establishing a funding mechanism for ongoing upgrades, we can address an issue that affects all of state government. The pace required to keep up with the necessary technology replacements and maintain hundreds of applica ons requires a systemic approach and consistent funding. In par cular, the fast-evolving cyber- security landscape brings new threats to the func onality of government systems and the security of private informa on.
7 The legislature is considering one- me investments for systems upgrades such as replacing the four- decade-old mainframe at the Department of Motor Vehicles, modernizing the Bright Futures Informa on System to serve childcare programs, addressing severe technology constraints at the Department of Labor’s unemployment program, and making cri cal cybersecurity upgrades.
Weatheriza on: Energy Savings & Healthier Homes Vermont has some of the most energy-inefficient housing stock in the na on. Addressing this issue can help our state meet its climate goals, save Vermonters money, improve our local economy, and help ci zens be more comfortable and healthy in their homes. The legislature will be providing increased support for accelerated weatheriza on programs. Weatherizing a home o en pays for investment in less than five years and provides con nued reduc on in greenhouse gas emissions, energy costs, and health care costs, while increasing public health, for many years into the future.
General, Housing & Military Affairs – John Killacky & Tiff Bluemle
A Place at the Bargaining Table for All School Employees In Act 11 of 2018, the General Assembly set up a mechanism for nego a ng school employees’ health care benefits on a statewide basis. The first go-round convinced both sides that Act 11 needed statutory revisions. The House passed those revisions, which incorporate recommenda ons from both the Vermont Na onal Educators Associa on and the Vermont School Boards Associa on, on Feb. 17. The bill would allow nego a on teams to bargain premium shares and out-of-pocket expenses that are different for support staff members, teachers and administrators. If the par es are unable to reach agreement, current law provides a dispute resolu on process. H.81 would increase the transparency of this process, par cularly related to the health insurance costs to be borne by employees and employers.
Formal Apology for Eugenics House General is considering a Joint Resolu on (J.R.H.2) that would formally apologize for the role of the Vermont General Assembly in suppor ng Vermont’s eugenics program. In 1931, the General Assembly officially endorsed eugenics through statute by passing an “Act for Human Be erment by Voluntary Steriliza on,” which sought to prevent procrea on of “idiots, imbeciles, feeble-minded or insane persons” to improve the public welfare. Historians tes fied that eugenics project ac vi es extended beyond steriliza on to removing children from their families and ins tu onalizing or incarcera ng individuals, with genera onal implica ons.
The resolu on affirms and apologizes for the General Assembly’s role in state-sanc oned eugenics policies and prac ces. In addi on to the apology, the resolu on further commits that further legisla ve ac on should be taken to address the con nuing impact of eugenics policies and the related prac ces of disenfranchisement, ethnocide, and genocide.
Increasing Recovery Beds Statewide Commi ee work con nues on H.211 to improve the quality and increase the number of recovery beds throughout the state. Recovery residences are a key component of treatment alterna ves for substance use disorders. The bill would exempt homes cer fied by the Vermont Alliance for Recovery Residences from certain landlord and tenant legal rela onships. The cer fica on process provides a toolkit with statewide defini ons, detailed expecta ons, and opera onal policies, which will improve the quality of recovery homes across the state.
8 The bill also clarifies zoning standards for recovery homes as single-family residen al use. It would eliminate barriers and discrepancies among towns related to loca ng recovery homes. It would allow recovery homes to be located in proximity to transporta on, employment, and necessary support services. Vermont changed zoning standards more than 30 years ago for independent living group homes for people with disabili es. It is me it provides similar clarity for recovery homes.
The bill also establishes guidelines and policies for temporary and permanent removal of recovery home residents. The guidelines would ensure due process for both tenants and landlords and would balance individual and community rights. Currently, no standards exist in this arena as well.
Government Opera ons – Peter Anthony & Mike Mrowicki
2020 Elec ons: We Want to Hear From You! The Government Opera ons Commi ee heard from Secretary of State Jim Condos, who praised the great work of elec on officials and volunteers, as well as the amazing turnout of voters, all under difficult circumstances. According to the Secretary’s office, a record-breaking 360,000-plus Vermonters cast ballots in the November 2020 general elec on, smashing the previous record of roughly 327,000 ballots in 2008. Town clerks appreciated the legisla on passed that made accommoda ons for the 2020 primary and general elec ons, especially allowing the advance coun ng of early ballots.
Some ques ons for the commi ee’s considera on arose - and we want to hear from Vermonters. Is there a be er way to conduct primaries than sending three ballots to all voters? Should town clerks receive funding for addi onal dropboxes, which were successfully used? If you have feedback, please be in touch with me.
U.S. Census & VT Reappor onment Every 10 years, the U.S. Cons tu on calls for a na onwide census and reappor onment process. This ensures that any popula on changes are reflected in legisla ve districts to maintain equal representa on. This me around, COVID and other factors have thrown a wrench in the gears, and the Government Opera ons Commi ee is hearing that the U.S. Census data won't be ready un l September 30.
While Vermont doesn't have a big job with our single U.S. Congressional district, state legisla ve districts will have to be aligned with any popula on shi s. One na onal trend that may impact some districts is a move away from mul ple-member districts. Last year, the legislature passed a bill to change the Chi enden County format from one district with six senators to two districts with three senators. The current state popula on sets the suggested number of cons tuents per House district at 4,200. The Secretary of State's website has a map with some preliminary looks at reappor onment and some districts that are not mee ng the 4,200 threshold. That process will have a different meline now, given the Census delay. Learn more here.
Pensions: Bridging the Unfunded Gap State pensions are grabbing lots of headlines recently. Vermont oversees the pension management for three groups: state employees; teachers in pre-K to 12 schools; and municipal workers. The upkeep and viability of these funds is a vital oversight concern for the Legislature. In a January report, Treasurer Beth Pearce recommended changes that would significantly reduce the $4.5 billion unfunded pension and other re rement liabili es — for example, increasing employee contribu ons, or reducing cost-of-living
9 adjustments for future re rees — but it’s important to remember that her report is just a star ng point. The Speaker has commi ed to bringing together all stakeholders to cra an equitable solu on, and the Government Opera ons Commi ee has so far heard from the Joint Fiscal Office, Treasurer Pearce and key employee groups. The process of determining the best course of ac on will be me-consuming and laborious. Stay tuned.
Health Care – Leslie Goldman
Solu ons for Healthcare Workforce Crisis Vermont is facing a healthcare workforce crisis. The Rural Health Task Force submi ed a report on Jan. 10, 2020 (before COVID) that highlighted needs in nearly all healthcare professions and se ngs. One year later, we have an even deeper understanding of the needs of our healthcare workforce.
The Health Care Commi ee is exploring this problem in depth. We know that the popula on in Vermont and our healthcare workforce is aging. Demand for healthcare and long-term care services and support are increasing. It is es mated that roughly 5,000 nursing-related posi ons were needed prior to the pandemic, a deficit that’s likely to increase.
Solu ons are being implemented to address this problem, including scholarships and loan forgiveness for healthcare providers, tax incen ves to retain newly graduated nurses, and modifying professional requirements so more nurses can be trained. One par cularly exci ng new program is the Vermont Workforce Loan Program (VWLP). Since incep on, the VWLP has awarded 69 scholarships to students in LPN/RN programs. This compares to 5–8 annual scholarships awarded in previous years since 2015. The Health Care Commi ee is exploring how to extend and expand this program.
Addressing Healthcare Dispari es A disturbing reality has been brought into focus by the pandemic. Data from a December 2020 Vermont Department of Health report reflects the dispropor onate effects of COVID-19 on Vermonters who are Black, Indigenous and People of Color (BIPOC): “Although BIPOC Vermonters represent 6% of the popula on, they represent 18% of COVID-19 cases. In addi on, BIPOC Vermonters have significantly higher hospitaliza on and chronic disease rates, rela ve to white non-Hispanic people with COVID-19.” A recent Health Dept. survey reveals that health dispari es are greatest for Vermonters of color, LGBTQIA+, people with disabili es, and those living in poverty.
Health dispari es based on social determinants are not new. H. 210, an act rela ng to addressing dispari es in the healthcare system, was introduced to address these worrisome concerns. The bill proposes to: (1) establish the Office of Health Equity; (2) establish the Health Equity Advisory Commission; (3) issue grants for the promo on of health equity; (4) collect data to be er understand health dispari es in Vermont; and (5) require an addi onal two hours of con nuing educa on on cultural competency in the prac ce of medicine.
Mee ng Mental Health Needs The Health Care Commi ee has spent significant me and focus on mental health in VT, taking tes mony from the Dept. of Mental Health, designated agencies, and specialized service agencies. Mental health is an essen al part of overall health for adults, children and families. The commi ee is exploring funding avenues to strengthen our system, as we know there will be increased demand as a result of pandemic- related stress. Pathways Vermont Support Line, funded by the Dept. of Mental Health, has averaged 1,200 calls per month in the last year with a drama c increase of calls during the COVID-19 pandemic.
10 The Support Line is open 24/7 to provide confiden al, nonjudgmental support and connec on to all Vermonters. Anyone can call (833) VT-TALKS or to text, dial (833) 888-2557. COVID-19 has significantly increased the stress in all our lives and having these resources available is crucial. Human Services – Dane Whitman
COVID-19 Response: Ensuring Las ng, Equitable Recovery The COVID-19 pandemic has been an unprecedented public health emergency. In response, the legislature has worked relessly to leave no Vermonter behind. We dedicated more than $60 million in hazard pay to our essen al workers. We allocated the resources necessary for long-term care facili es to deliver services safely to older Vermonters. We assisted mental health and substance use counselors to operate remotely through telehealth. We provided the resources to sustain childcare and a erschool programs, and supported organiza ons that assist our most vulnerable Vermonters.
With the vaccine roll-out well underway, we are expec ng the next round of federal funding to con nue suppor ng our communi es. These federal funds, passed in December 2020, will further assist the state’s COVID tes ng, contact tracing and vaccina on efforts. Emergency rental assistance will be provided to help those who cannot pay rent or u lity bills. Childcare providers will receive a boost in funding, as will mental health and substance use preven on programs. The legislature looks forward to con nuing the work with our communi es to ensure that relief efforts go to those who need it most.
Ambi ous Plan for Childcare System High-quality childcare is an investment in Vermont’s future. By increasing access and affordability for Vermont’s families, we help parents stay employed and contribute to their local economies. By increasing childcare worker wages, we can support and grow our early educator workforce. By priori zing the well-being and development of our children, we are giving the next genera on of Vermonters a head start to success.
H.171 will make these investments a reality. The reforms offered in this bill are based on feedback from Vermont’s parents, providers, employers, and community members. Not only does H.171 make childcare more affordable, it removes barriers to access, ensures fair wages for providers, establishes workforce development programs, and creates a study to iden fy future revenue sources.
We know that childcare is essen al to keeping our communi es strong. Meanwhile, Vermont’s child care system is sorely in need of resources. H.171 is a monumental step towards funding child care in a way that reflects its true value to our state.
Sustainable Future for Community-Based Care Thousands of Vermonters, from the very young to the very old, are supported by private nonprofit providers who accept Medicaid as payment for services. These providers are o en referred to as home and community-based providers. They serve people with a variety of risk factors including, but not limited to: significant health care issues; drug and alcohol use; and support needs related to aging, mental health issues, and developmental disabili es. As a state, our policy reflects the evidence-based findings that people achieve the best care and outcomes when served in their communi es, close to friends and family, rather than in ins tu onal se ngs. However, we have yet to develop a sustainable system to pay for these community-based services. H.153 begins to provide the framework to consider changes and recognize cost of living adjustments to the Medicaid rate reimbursement system for these cri cal supports to vulnerable Vermonters.
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Judiciary – Will No e
Protec ng Children from Sexual Exploita on We are con nuing our hard work protec ng Vermont’s most vulnerable. One of the first bills passed out of the House of Representa ves this year was H.18. This bill closes a loophole in exis ng law and makes this the second year in a row we have ghtened and improved laws regarding sexual exploita on of children. More children will be protected and more predators held accountable once H.18, which prohibits simulated sexual acts involving real children, becomes law. Our children are our most precious and vulnerable Vermonters, and we will con nue our work to protect them and hold those who would harm them accountable.
Ending “Trans Panic” Defense While many of us prefer to envision our society as moving steadily forward in terms of acceptance and compassion, the sad truth is that 2020 was the most deadly year ever for transgender and gender- nonconforming Americans. All too o en when a transgender person is physically assaulted, the realiza on of their transgender iden ty is used by the a acker as a court defense or to lessen any ac on taken by the court system. We are working on a bill, H.128, which would prohibit a defendant in a criminal proceeding from using the vic m’s actual or perceived gender iden ty to jus fy their ac ons. Trans women are women. Trans men are men. They deserve equal protec on under the law and we are working to ensure that this is actually the case.
Clarifying Use of Force Near the end of the legislature’s extended session last year, and in the wake of the murder of George Floyd and the na onwide outcry that arose in response to it, we passed legisla on establishing new standards for use of force by law enforcement officers that specifically prohibited chokeholds. This year we are revisi ng and clarifying this law via H.145. All Vermonters deserve the assurance that they will not be subjected to excessive use of force by law enforcement in any situa on. Our law enforcement officers deserve clear and concise understanding of what Vermont law allows and prohibits while they conduct their jobs and protect the public. Our work on this important legisla on will add clarity to the law and be er establish the protec ons for all Vermonters put in place last year.
Smoothing Paperwork Path for Home Buyers & Sellers COVID has disrupted many aspects of our daily lives. One important event that has been completely altered is the buying or selling of a home. While we are in quaran ne, it is not possible to get the buyers and sellers into the same room for the signing of legal documents. As a result of this, signings are currently being done by other people using power of a orney for the actual buyer and seller. Because this is a new process, it is inevitable that some of these documents will contain errors—not properly referencing the power of a orney used to carry out the signing of the documents, for example. We are working on a bill, H.199, that will ensure the valida on of these documents despite the errors that may creep into the current process. Vermonters a emp ng to get through the challenges of COVID should not discover years later that one of the most important legal transac ons they will ever conduct, the buying of their home, is not technically valid. We are working to ensure stability in this process for Vermont homeowners.
12 Natural Resources, Fish & Wildlife – Larry Satcowitz & Kari Dolan
Bringing Bo le Bill into 21st Century Vermont’s beverage container and redemp on law, the “Bo le Bill,” was enacted in 1973 to address roadside li er and increase recycling. It was last updated 30 years ago to add liquor bo les and containers of beer, wine coolers and carbonated beverages. A er three decades, another update is needed to address the growing variety of beverage containers and rising li er and recycling needs. The update has three main parts. First, an increase in the deposit from $.05 to $.10. The nickel deposit has not changed in nearly 50 years. If the deposit had kept up with infla on, it would be closer to $.30 today. Second, an expansion of the types of containers accepted, to include wine bo les, hard cider and non-carbonated drinks except for milk. The third part of the bill would provide an increase in the handling fee given to vendors. The Bo le Bill has been an effec ve policy that incen vizes recycling and reduces waste. Containers covered under the Bo le Bill have greater market value for recycling than those that go through the general recycling stream. Upda ng the Bo le Bill will allow us to capitalize on market demand and ensure that less waste ends up in the state’s only opera ng landfill. Protec ng Water Quality Water quality standards are the founda onal tool that the state uses in its efforts to restore and maintain the health and proper uses of its surface waters. These standards are codified in the Clean Water Act and approved by the EPA; they are used to assess the quality of water for drinking, swimming, fishing, boa ng and habitat func on. H.108 clarifies the long- me interpreta on and prac ce that Vermont’s water quality standards apply to all surface waters, including rivers, lakes, ponds and wetlands. The bill also updates the state’s Clean Water Act Sec on 401 provision to help the state be er manage large projects that may discharge to Vermont’s surface waters. This includes projects that are subject to a federal permit or license, such as an interstate energy project. Promo ng Forest Health & Biodiversity The Natural Resources, Fish and Wildlife Commi ee is developing strategies to support forest health, including ini a ves to support and enhance wildlands and intact forests. Protec ng the biodiversity of our forests is essen al. We are facing a moment in me when forest fragmenta on, habitat loss, the loss of connec ng habitat, and the introduc on of invasive pest and plant species are severely impac ng our wildlife, diminishing the abundance, diversity, and na ve species type of wildlife popula ons. Biodiverse forests not only serve to protect our wildlife, they also store precipita on during severe weather events, and are a cost-effec ve means of sequestering (absorbing) and storing carbon. The commi ee is looking at how our neighbors, New Hampshire and Maine, support wildland conserva on.
Transporta on – Becca White, Gabrielle Stebbins & Diane Lanpher
Transporta on Moderniza on Act The Transporta on Moderniza on Act of 2021, introduced with 70 co-sponsors, moves climate and equity goals into the Transporta on Budget Bill. The bill seeks to: ● Save Vermonters money ● Reduce climate pollu on ● Expand exis ng programs like the state electric vehicle (EV) incen ve and Mileage Smart
13 ● Make it easier for low- and moderate-income Vermonters to purchase low- and zero-emissions vehicles that are cheaper to fuel and maintain ● Con nue fare-free transit to eliminate transporta on costs for people who might not be able to afford it otherwise ● Expand the Complete Streets program and improve high-traffic corridors for cyclists and pedestrians
These costs associated would ideally be funded through the increased federal monies that are coming to Vermont to support transporta on. The commi ee will work with the Administra on to find the right financial alloca ons for these goals.
Infusion of Federal Funds The Transporta on Commi ee has moved into high gear during this virtual legisla ve session and has been working on priori es like inves ng in community infrastructure, maintaining our highways and bridges, increasing rider access and affordability in suburban and rural communi es, incen vizing the transi on to electric vehicles, and making high-MPG cars more affordable for all income levels.
While transporta on revenues remain below pre-COVID levels, we are fortunate to be receiving an infusion of federal funds, an es mated $50 million with the poten al for more. The commi ee is determining the best use of these funds to support Vermonters by comparing the recommended budget from the Administra on with the priori es of commi ee members.
When COVID Arrived, AOT Was Ready In March 2020, when the COVID-19 state of emergency was declared in Vermont, so much was unknown. It was an unprecedented crisis requiring an immediate response. One of the few state agencies prepared for this level of emergency response was the Agency of Transporta on (AOT). AOT is one of Vermont’s only agencies with an ins tu onalized Incident Command System approach to responding to and recovering from a wide range of emergencies, including a global pandemic.
On March 16, 2020, the AOT ac vated its Transporta on Incident Command Center (TICC). The TICC led the agency’s unexpected transi on to teleworking while the staff con nued to deliver on AOT’s mission to maintain safe highways, inspect bridges, adver se and construct projects, and operate a statewide mul modal transporta on system, while ensuring that the agency con nued to operate safely.
Since ac va on, the TICC has supported numerous statewide opera ons and completed more than 700 tasks. These tasks include the delivery of Personal Protec ve Equipment (PPE) to hospitals and other medical facili es, collec on and analysis of traffic data to enable the Administra on and Health Department to understand the impacts of movement on infec on rates, assistance with food distribu on at state airports and other loca ons, se ng up medical surge and pop-up tes ng sites, iden fying and deploying employees to work in other areas of state government as needed, and contribu ng resources to the vaccine planning effort.
Vehicle Electrifica on The legislature and administra on have supported several efforts in recent years to help Vermonters transi on to electric vehicles and to expand EV public infrastructure across the state. The Agency of Transporta on serves on an interagency team that’s administering the current grant program for charging sta ons. The first two funding rounds granted approximately $1 million to add roughly 30 charging sta ons across Vermont. The third funding round will dedicate about $1.7 million to fill gaps in
14 the fast-charging network along highway corridors. Once constructed, these new charging sta ons will put fast chargers within about 30 miles of almost every address in Vermont.
In the FY22 budget, the commi ee is reviewing the con nued financial support needed to expand Level 2 charging at workplaces, mul -unit dwellings, downtowns and other des na ons. The legislature worked with various stakeholders to remove the Public U lity Commission jurisdic on over public charging sta ons, thus allowing charging companies to construct and operate new sta ons without the need to obtain a Cer ficate of Public Good and to price charging by the per-kilowa hour.
Federal grants have increased Vermont’s ability to purchase electric buses for the statewide transit system. Two buses are currently in service and an addi onal 12 have been ordered. In the FY22 Transporta on Bill, the commi ee is reviewing a long-range plan that outlines the costs, meline, training, maintenance and opera onal ac ons required to move to a fully electrified public transporta on fleet.
With the assistance of electric distribu on u li es, Drive Electric Vermont (DEV) con nues to administer a point-of-sale or lease incen ve program for new plug-in electric vehicles. DEV provides consumer educa on and outreach rela ng to electric vehicles, research and data tracking and stakeholder coordina on.
Ways & Means – Carol Ode
House Ways & Means The Ways and Means Commi ee views our work in the context of six pillars that underlie good tax policy: sustainability and reliability, economic compe veness, fairness, simplicity, accountability and tax neutrality. To watch a four-part online workshop on these principles, hosted in recent weeks by the commi ee, click here.
School Budgets & Yield Bill Every year the legislature sets the educa on property tax rate in the “Yield Bill.” This is a complicated formula based on the sum of school district budgets, the number of equalized pupils, and the balance needed in the Educa on Fund a er other revenue is taken into account. This has been a difficult year for revenue projec ons (along with everything else) and a le er from the Tax Department sent in December, based on outdated projec ons, pointed to significantly increased tax rates. Fortunately, thanks to significant federal spending and direct federal payments to individuals, we saw increased consumer spending statewide that led to revenues in the Educa on Fund above and beyond our expecta ons. Much of this spending happened online and Vermont has been well-poised to collect sales tax on those online sales because of recent legisla on allowing us to collect taxes on such purchases sold into the state.
Addi onally, proposed spending from school districts, as reported to the Agency of Educa on and not yet approved by voters, points to a lower increase in school budgets than an cipated. If this trend con nues, the average educa on spending increase—which is what tax rates are based on—will be less than 1 percent. We will con nue to work on this issue and on final rates, but this is the latest in a series of signals that our educa on property tax rates are likely to be substan ally lower than were predicted in December. The yield bill that was passed out of commi ee (H.152) will likely keep property taxes close to flat across the state.
15 Tax Structure Commission Recs Approximately every 10 years, the Vermont Legislature charges an independent tax commission with looking across our system of taxa on to make recommenda ons for the future. We just received a dra of their report, and it includes recommenda ons for moving to a fully income-based system of educa on taxes, broadening the sales tax base, and seeking to tax wealth more accurately through capital gains, estate tax changes, and more. Their recommenda ons are not immediately ac onable but will help guide our work over the next few biennium.
Corporate Income Tax Changes Proposed corporate tax changes in H.189 are intended to shi the tax burden away from corpora ons with a significant physical presence in Vermont by (1) changing to a “single sales factor,” a switch many neighboring states have made as our na onal economy moves towards a higher propor on of service- based corporate income; (2) changing methodologies to determine how to appor on profits (from the “Joyce Rule” to the “Finnigan Rule” — for a deep dive, click here) and (3) changing how to consider any corporate sales not taxed in any other state when assessing total and appor onable sales. Our intent is for the corporate tax burden, in general, to con nue a shi to out-of-state corpora ons and support our Vermont employers.
Legislature Steps in to Help with 1099-G Forms The Legislature temporarily suspended a limited set of privacy provisions, to which the Department of Taxes must otherwise adhere, to help the Department of Labor rec fy errors a er it mistakenly sent thousands of the wrong 1099-G forms to Vermonters. This legisla ve change, included in the Budget Adjustment Act, will allow the DOL to send corrected 1099-G forms by the end of February.
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