Legislative Update 4/14/22
As we approach the final weeks of the legislative session, there is still much to do! Take action to keep plastic contamination out of our soils; weigh in on Right to Farm, Surface Water and Pesticide bills; press for accessible and equitable cannabis legislation; and, support funding for Conservation Districts! Read on for all the details and updates on bills we are tracking:
Plastic Contamination of Food Residuals
Join the Protect Our Soils Coalition and support H.501 - An act relating to the regulation of food depackaging facilities - NOW! H.501 is currently in the Senate Committee on Natural Resources - the committee who originally drafted the bill language. Time is running out and the committee is planning to pick up this bill next week while also being preoccupied with MANY other bills. Call your Senator and express that risks of contaminating soils with microplastics are a priority for Vermonters and your support for passing this bill out of committee in time. Read the full Action Alert here
Right to Farm
The House Committee on Agriculture and Forestry has been taking testimony from farmers about the Right to Farm bill (S. 268), which has not made the crossover deadline, in consideration of including the bill's language in one of the miscellaneous agricultural bills.
Goal is to update the existing statute to strengthen farmers' protection against nuisance lawsuits more similar to the higher standards from other states. A side-by-side of the current statute and the bill shows the proposed changes that include a new definition of what would be protected as a “farm operation” that would then also include what is defined in the definition of farming in Act 250 and more (see list below). The legal protection would function by requiring individuals who pursued legal action for a nuisance complaint to pay the legal fees of the farmer, if the courts side with the farmer.
Do you have feedback about the bill? Contact Legislators of the House Committee on Agriculture and Forestry:
Rep. Carolyn W. Partridge, Chair - cpartridge@leg.state.vt.us
Rep. Rodney Graham, Vice Chair - rgraham@leg.state.vt.us
Rep. Thomas Bock, Ranking Member - TBock@leg.state.vt.us
Rep. Terry Norris, Clerk - tnorris@leg.state.vt.us
Rep. John O'Brien - jobrien@leg.state.vt.us
Rep. Henry Pearl - hpearl@leg.state.vt.us
Rep. Heather Surprenant - hsurprenant@leg.state.vt.us
Rep. Vicki Strong - vstrong@leg.state.vt.us
(A) marketing produce at roadside stands or farm markets;
(B) the generation of noise, odors, dust, fumes, and other associated conditions;
(C) the composting of material principally produced by the farm or to be used at least in part on the farm;
(D) the ditching and subsurface drainage of farm fields and the construction of farm ponds;
(E) the handling of livestock wastes and by-products;
(F) the operation of machinery and equipment necessary for a farm, including irrigation and drainage systems, pumps, and on-farm grain dryers;
(G) the movement of vehicles, machinery, equipment, and farm products and associated inputs necessary for farm operations on the roadway;
(H) field preparation and ground and aerial seeding and spraying;
(I) the on-site storage and application of agricultural inputs, including lime, fertilizer, organic materials, conditioners, and pesticides;
(J) the use of alternative pest management techniques;
(K) the management, storage, transport, utilization, and application of farm by-products, including manure or agricultural wastes;
(L) the conversion from one farm operation to another farm operation; and
(M) the employment and use of labor
Surface Water
The last two weeks have seen substantial testimony in the Senate Natural Resources Committee on H.466, a bill which seeks to regulate surface water withdrawals and interbasin transfers. In response to testimony from a number of farmers (including Justin Rich representing the Vermont Vegetable and Berry Growers’ Association, which has more than 425 farmer members), the Agency of Agriculture, and others the bill was amended a number of times to its current version. After the last session of testimony, legislative council has provided this document comparing surface water withdrawal regulations in the northeast states to help provide comparative context. Here are some of the recent amendments made:
required metering for withdrawals of over 50,000 gallons over a 24 period of time has been changed to allow for alternative (less costly) approved methods of reporting.
“Springs” are no longer included in the definition of “surface water” proposed in the bill (though the Agency of Natural Resources has clarified that this change in language does not change the scope of what they feel is addressed in this bill)
The exclusion of constructed ponds for irrigation and watering of livestock has become more explicit.
The VT Veg and Berry Association and the Agency of Agriculture continued to express concerns related to the bill which can be seen in the last session of testimony. The committee will meet again on Friday for discussion and a planned vote on the bill. The bill will likely be voted out of committee, after which we are uncertain if it will head to the Senate Agriculture Committee prior to the Senate Floor. At this point the best folks to contact are your representatives, the Chair of the Senate Natural Resources Committee Christopher Bray (cbray@leg.state.vt.us), and the Chair of the Senate Agriculture Committee Bobby Starr (rstarr@leg.state.vt.us).
Pesticides
H. 626 - An act relating to the sale, use, or application of neonicotinoid pesticides
There has been substantial testimony and debate on H.626 over the past 2 weeks in the Senate Agriculture Committee. The latest testimony ended with some competing proposals for going forward - letting the bill die in committee and sending a letter from the Committees to the Agency of Ag asking them to focus on BMPs for treated seed, or continuing with this bill or a bill more specifically focused on neonics. We are hopeful that our proposed amendment which maintains a focus on all treated seeds while specifically also focusing on neonics will be discussed in committee. We feel it is important to address treated seeds in statute as opposed to encouraging the committee to act with a letter from the committees.
As mentioned in our last update, the bill was in amended in House Agriculture to no longer specifically focuses on neonicotinoids (based on suggestions by the Vermont Agency of Agriculture) - rather, it focuses more broadly on the development of BMPs (Best Management Practices) for treated article seeds (seeds treated with pesticides) by the Agricultural Innovation Board (AIB) and the Agency of Agriculture (of which the AIB is a part). Though we support addressing BMPs and IPM for all treated article seeds, it is critical that this bill specifically address neonicotinoid seeds, the development of Integrated Pest Management (IPM) protocols, and support for farmers transitioning in order to end the unmediated prophylactic use of neonic treated seed. Rural Vermont is working with a number of organizations and individuals to advocate for these changes and outcomes.
Act now by contacting your representatives, and the Chair of the Senate Agriculture Committee, Bobby Starr (rstarr@leg.state.vt.us), and asking them to make sure that neonicotinoid pesticides are specifically addressed in this bill, that integrated pest management (IPM) is specifically defined and included in the language of the bill, and that farmers are provided the technical and financial support needed to transition to seeds not treated with neonics.
Cannabis
S.188 (Amended Version moving now) - Agriculture, Wholesaler allowances, etc.
The VT Cannabis Equity Coalition (including Rural VT) is continuing to track and provide testimony on two particular bills related to cannabis: H.548 and S.188. S.188 is the bill Rural VT is most focused on, and we will be providing testimony in support of amending the bill to include:
All tiers of outdoor production be given the status of agriculture
Direct market access for producers, product manufacturers, and consumers
Increased home grow allowances that bring VT closer in line to other States
Including a Nursery License and allowing Cultivators and Nurseries to sell plants directly to consumers.
S.188 has made its way through the Senate and was taken up by the House Ag and Forestry Committee on Tuesday the 12. Sam Bromberg of Mountain Fire Farm, and Rick Fox of Meristem Farms provided very good testimony in support of outdoor cultivation of cannabis being given agricultural status for the purposes of Act 250 and municipal ordinances, direct sales licensing, and other important additions to the bill. Rural VT and the VT Growers Association will testify on S.188 on Thursday, April 14.
The primary Social Equity goal of our coalition right now is integrating one of our, and the CCB’s (Jan. 15th Report, Slide 25), most significant Social Equity recommendations into a legislative vehicle:
bring 20% of excise tax revenue from this market to a “reinvestment fund” to invest in the needs of communities impacted, and disproportionately impacted, by the criminalization of cannabis
bring 5% of the excise tax to the Cannabis Development Fund (a fund established by the legislature to fund social equity initiatives largely within the industry, but which has no source of ongoing funding).
The legislature continues to put forth no plan to act on this fundamental social equity recommendation from the CCB and our Coalition despite its statutory obligations and expressed prioritization for social equity. We have contacted House and Senate Leadership, Chairs of various committees, and more seeking their support - and we have seen no action. We continue to let policy makers know that this matters to us, and is another critical element for an equitable market roll-out.
Contact your representative and others!
For S.188 and agriculture:
Chair Carolyn Partridge of the House Ag Committee, cpartridge@leg.state.vt.us, urging her to incorporate the recommendations of Rural VT and the VT Cannabis Equity Coalition in S.188 when it comes to her Committee. Specifically:
All tiers of outdoor production given the status of agriculture
Direct market access for producers, product manufacturers, and consumers
Increased home grow allowances that bring VT closer in line to other States
Including a Nursery License and allowing Cultivators and Nurseries to sell plants directly to consumers.
For Social Equity:
Contact the House Speaker Jill Krowinski (jkrowinski@leg.state.vt.us) and Senate Pro Tem Becca Balint (bbalint@leg.state.vt.us) urging action on this Social Equity provision fundamental to the statutory goals and obligations of the legislature:
bring 20% of excise tax revenue from the cannabis market to a “reinvestment fund” to invest in the needs of communities impacted, and disproportionately impacted, by the criminalization of cannabis
bring 5% of the excise tax to the Cannabis Development Fund (a fund established by the legislature to fund social equity initiatives largely within the industry, but which has no source of ongoing funding).
Utility Companies Liability
The original bill for this issue to address poor workmanship instances of utility companies and their subcontractors did not make crossover but Senators continued working on the issue, gauging ways to include legislation in other insurance bills, like H.515. This afternoon, the committee will vote on an amendment proposal that would include language about requiring the issuance of a guidance document on the issue into H.515. The guidance would be developed by the Department of Financial Regulation in consultation with the Public Utility Commission, and the focus would be standard insurance requirements and measures that ensure adequate coverage for the duration of broadband construction projects. Follow the committee here and find more background information on this legislation here.
Accessory On Farm Business
H.709, An act relating to miscellaneous agricultural subjects and H.704, An act relating to the regulation of accessory on-farm businesses
These two agriculture bills have remained stagnant over the past couple weeks in the Legislature. Neither have seen any committee activity since the last week of March and, at this time, the fate of each of these bills remains unclear. H.709 includes a change to the definition of an accessory on-farm business as well as changes to some mosquito control regulations due to ongoing litigation. H.704 also touches on accessory on-farm businesses, attempting to clarify its definition and amending what characteristics are used to determine the legitimacy of an accessory on-farm business.
We will continue to monitor the progress of these bills, but in the meantime, check out our most recent write-up on H.709 here and the last update on H.704 here.
Conservation District Funding Request Sign-On
Conservation Districts are doing incredible work to support farmers with planning needs, program enrollment, implementation and more. Did you know? The District Managers are historically underfunded and have to do most of their grant writing themselves. This needs to change! Farm businesses please speak up and support the Conservation Districts funding requests for their operational budget and more to be included in the FY2023 state budget - sign here.