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House Calendar House Calendar FRIDAY, MAY 8, 2009 122nd DAY OF BIENNIAL SESSION House Convenes at 9:30 A. M. TABLE OF CONTENTS Page No. ACTION CALENDAR For Action Under Rule 52 J.R.H. 31 Supporting Women Ski Jumpers at 2010 Olympics................ 2614 H.R. 20 Cleanup and Restorations of Lake Champlain Waters............... 2614 J.R.S. 34 Designating October 2009 Health Career Awareness Week... 2614 NOTICE CALENDAR Favorable S. 121 Relating to Miscellaneous Election Laws ..................................... 2614 Rep. Hubert for Government Operations Senate Proposal of Amendment H. 125 the sale of unpasteurized milk...................................................... 2614 Reports Committees of Conference H. 83 Underground Storage Tanks & Petroleum Cleanup Fund.............. 2615 H. 427 Miscellaneous Amendment to Education Law............................. 2618 H. 438 Relating to the State’s Transportation Program ........................... 2658 H. 441 Making Appropriations for the Support of Government.............. 2725 H. 445 Relating to Capital Construction and Bonding............................. 2888 Ordered to Lie H.R. 19 Urging ANR to Retain Authority of Clean Water Act in VT.... 2915 CONSENT CALENDAR (See Addendum to House and Senate Calendar) H.C.R. 155 In Memory Former Rep. Joseph T. Steventon...................... 2915 H.C.R. 156 Welcome VT Nat’l Guard Partnership Macedonia/Senegal. 2915 H.C.R. 157 In Memory of Joseph J. Flory............................................... 2915 - 2612 - H.C.R. 158 Congratulating Vincent’s Drug & Variety Store.................. 2915 H.C.R. 159 Honoring History of Baseball and Softball at UVM ............ 2915 H.C.R. 160 In Memory of Allen S. Myers .............................................. 2915 H.C.R. 161 Honoring Vermont Sledcats Sled Hockey Team................. 2915 H.C.R. 162 In Memory of Gloria Miller of Corinth................................ 2915 H.C.R. 163 In Memory of Corinth Moderator John A. Pierson, Jr ......... 2916 H.C.R. 164 Opening of Newly Rebuilt Harris Hill Ski Jump ................. 2916 H.C.R. 165 Wardsboro 4th of July Parade & Street Fair 60th ................ 2916 H.C.R. 166 Congratulating Essex HS Fed Challenge Team ................... 2916 H.C.R. 167 Memory of Former Adjutant General Alan H. Noyes......... 2916 H.C.R. 168 Congratulating Chroma Technology of Bellows Falls......... 2916 H.C.R. 169 Congratulating IHOP Burlington Use of VT MapleSyrup.. 2916 H.C.R. 170 Grafton FAST Squad 2009 First Responder Service of Year2916 H.C.R. 171 Congratulating Seldon Technologies, Inc ........................... 2916 H.C.R. 172 Congratulating John Charles Dugan of Vergennes .............. 2916 H.C.R. 173 Honoring 50th Anniversary of Ted’s Pizza Shop................. 2916 H.C.R. 174 Best Wishes to Woodstock Middle School Science Team... 2916 H.C.R. 175 Congratulating CSC President David Wolk ......................... 2916 H.C.R. 176 Congratulating VT Veteran’s Hom on 125th Anniversary .. 2917 H.C.R. 177 Congratulating Bennington Project Independence on 30th.. 2917 H.C.R. 178 Congratulating Rep. Cheney and Sen. Welch on Marriage.. 2917 H.C.R. 179 American Cancer Society 2009 Relay for Life Events......... 2917 H.C.R. 180 Honoring Gary Anderson for Public Service ....................... 2917 S.C.R. 27 Honoring Lawrence Handy / St. Albans for Civic Leadership2917 S.C.R. 28 Congratulating Thunder Road Int’l Speedway on 50th.......... 2917 S.C.R. 29 Richard Boera N E Kingdom Citizen of the Year.................. 2917 S.C.R. 30 Congratulate Caledonia-Essex Ambulance Service 25rh....... 2917 S.C.R. 31 Congratulate O.U.R. House of Central VT on 20th ............... 2917 - 2613 - ORDERS OF THE DAY ACTION CALENDAR For Action Under Rule 52 J. R. H. 31 Joint resolution supporting the effort of women ski jumpers for athletic equity at the 2010 Winter Olympics in British Columbia. H. R. 20 House resolution encouraging a renewed commitment to the cleanup and restoration of the water quality of Lake Champlain as part of the 400th anniversary of its discovery by Samuel de Champlain. J. R. S. 34 Joint resolution designating October 2009 as health care career awareness month. (For text see House Journal Thursday, May 7, 2009) .NOTICE CALENDAR Favorable S. 121 An act relating to miscellaneous election laws. Rep. Hubert of Milton, for the Committee on Government Operations, recommends that the bill ought to pass in concurrence. (Committee Vote: 9-0-2) Senate Proposal of Amendment H. 125 An act relating to the sale of unpasteurized milk. The Senate proposes to the House to amend the bill as follows: First: In Sec. 2, 6 V.S.A. § 2777(d), by striking out subdivision (1) (registration) and renumbering the remaining subdivisions accordingly Second: In Sec. 2, 6 V.S.A. § 2777(d), by striking out existing subdivision (2)(D) (annual reporting of total gallons sold) Third: In Sec. 2, 6 V.S.A. § 2777(f), by adding new subdivisions (4) and - 2614 - (5) to read as follows: (4) Registration. Each producer operating under this subsection shall register with the agency. (5) Reporting. On or before March 1 of each year, each producer shall submit to the agency a statement of the total gallons of unpasteurized milk sold in the previous 12 months.” and by renumbering the current subdivision (4) to be subdivision (6) Fourth: In Sec. 2, 6 V.S.A. § 2777(f), existing subdivision (3), by striking out subdivisions (B) and (C) and inserting in lieu thereof new subdivisions (B) and (C) to read as follows: (B) The producer shall assure that all test results are forwarded to the agency, by the laboratory, upon completion of testing or within five days of receipt of the results by the producer. (C) The producer shall keep test results on file for one year and shall post results on the farm in a prominent place that is easily visible to customers. The producer shall provide test results to the farm’s customers if requested. (For text see House Journal April 30, P. 1309; May 1, P. 1336) Reports Committees of Conference H.83 The Committee of Conference, to which were referred the disagreeing votes of the two Houses upon House Bill, entitled: H.83 An act relating to underground storage tanks and the petroleum cleanup fund. Respectfully report that they have met and considered the same and recommend that the House accede to the Senate proposal of amendment, and that the bill be further amended as follows: First: In Sec. 5, 10 V.S.A. § 1942, by striking subsection (b) in its entirety and inserting in lieu thereof the following: (b) There is assessed against every seller receiving more than $10,000.00 annually for the retail sale of heating oil or, kerosene, or other dyed diesel fuel sold in this state and not used to propel a motor vehicle, a licensing fee of one-half cent per gallon of such heating oil or, kerosene, or other dyed diesel fuel. This fee shall be subject to the collection, administration, and enforcement provisions of chapter 233 of Title 32, and the fees collected under this subsection by the commissioner of taxes shall be deposited into the petroleum cleanup fund. The secretary, in consultation with the Vermont - 2615 - Petroleum Association and the Vermont Fuel Dealers Association, Inc. shall annually determine whether or not to assess the one-half cent licensing fee for the upcoming year. If the unencumbered balance of heating fuel account of the fund established under subsection 1941(a) of this title is equal to or greater than $3,000,000.00, then the one-half cent licensing assessment for the upcoming year shall not be assessed. If the unencumbered balance in the fund is less than $3,000,000 $3,000,000.00, then the annual fee may be assessed. The secretary shall notify all sellers assessing this fee of the status of the fee for the upcoming year. This fee provision shall terminate April 1, 2011 2016. Second: In Sec. 9, 10 V.S.A. § 1944, by striking subsection (c) in its entirety and inserting in lieu thereof the following: (c) The loans will be at a zero interest rate, except that a person who owns five or more facilities shall have an interest rate of four two percent. As used in this subsection, “facility” shall mean the property upon which a category one tank is located. Third: By adding Secs. 9a, 9b, and 9c to read as follows: Sec. 9a. 33 V.S.A. § 2503 is amended to read: § 2503. FUEL GROSS RECEIPTS TAX (a) There is imposed a gross receipts tax of 0.5 percent on the retail sale of the following types of fuel by sellers receiving more than $10,000.00 annually for the sale of such fuels: (1) heating oil and kerosene not used to propel a motor vehicle dyed diesel fuel used for heating; (2) propane; (3) natural gas; (4) electricity; (5) coal. *** Sec. 9b. 10 V.S.A. § 583 is added to read: § 583. REPEAL OF STAGE II VAPOR RECOVERY REQUIREMENTS (a) Effective January 1, 2013, all rules of the secretary pertaining to stage II vapor recovery controls at gasoline dispensing facilities are repealed. The secretary may not issue further rules requiring such controls. For purposes of this section, “stage II vapor recovery” means a system for gasoline vapor recovery of emissions from the fueling of motor vehicles as described in 42 - 2616 - U.S.C. § 7511a(b)(3). (b) Prior to January 1, 2013, stage II vapor recovery rules shall not apply to: (1) Any newly constructed gasoline dispensing facility that commences operation after May 1, 2009; (2) Any existing gasoline dispensing facility that has an annual gasoline throughput of 400,000 gallons or more for the first time beginning with the 2009 calendar year; (3) Any existing gasoline dispensing facility that, after May 1, 2009, commences excavation for the installation or repair of any below-ground component of the stage II vapor recovery system, including gasoline storage tanks, upon verification and approval by the secretary; or (4) Any existing gasoline dispensing facility that, after May 1, 2009, replaces all of its existing gasoline dispensers with new gasoline dispensers that support triple data encryption standard (TDES) usage or replaces one or more of its gasoline dispensers pursuant to a plan to achieve full TDES compliance, upon verification and approval by the secretary.
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