Legislative Update 02.16.24

Table of contents

FULL 02.16.24 WEEKLY AUDIO RECORDING (roughly 20 minutes)
(includes all sections of the legislative summary)

Pending Legislation - An Overview of Bills that are Moving & Not

Most notably, H.603 about the sale of uninspected poultry in parts passed the House and is now in the Senate Ag Committee. Other bills we are following closely have made some progress as well:

  • H.612 - A bill related to miscellaneous cannabis amendments; and H.549, a bill around outdoor cannabis production. Both bills had multiple hearings with the House Committee on Government Operations and Military Affairs; and testimony was heard in the Senate Committee on Agriculture related to both bills;

  • H.706 - On banning neonic treated seeds, had several hearings and attention in the House Committee on Agriculture, Food Resilience and Forestry, and got a lot of press this past week.  It will be important for representatives to hear from their constituents about the need to support this bill if it’s going to pass this session.

  • H.128 - Would ensure farms with Accessory On Farm Businesses (AOFB) wouldn’t need to go through Act 250 for any improvements associated with the AOFB and further specifies what constitutes an AOFB.  Specifically, it defines “featuring agricultural practices or qualifying products” as a host farm’s agricultural practices or products being a “substantial” or “integral” component of any educational, recreational, or social event the AOFB hosts. The bill had several hearings in the House Ag Committee but has not had any votes on it yet;

  • H.550 - An act relating to expanding eligibility under the local foods grant program. The House Agriculture Committee has had several hearings;

  • H.614 - Related to land improvement fraud and timber trespass was voted on in favor by the House Committee on Agriculture and is now in the House Committee on Judiciary.

Rural Vermont is also tracking PFAS/PFOS related bills, most of which have not had much legislative action by the Committees on Natural Resources yet. Rural Vermont and the Eco Sanitation Coalition launched a Call to Action in our last newsletter, and activists from the VT PFAS Coalition organized a successful Environmental Advocacy Event in front of the State House (WCAX, ORCA Media, My Champlain Valley) at the beginning of the month. The Senate Committee on Agriculture undertook some educational hearings on the issue (view recording here). Relevant bills are:

  • H.674 An act relating to regulation of septage and other materials containing PFAS/PFOS substances

  • H.163 An act relating to eco-sanitation systems

  • H.164 An act relating to the permitting of low-impact wastewater systems 

  • S.197 An act regarding procurement and distribution of PFAS/ PFOS related adverse health conditions attributed to PFAS/ PFOS

  • S.25 An act related to cosmetic and menstrual products containing PFAS/ PFOS

A few other bills of note that have had some action are H.626, an act relating to animal welfare the House Committee of Government Operations, which has held hearings (more info below), H.540, a bill that would ease the siting of tiny houses, and H.550, an act relating to expanding eligibility under the local foods grant program. In addition, NOFA-VT is seeking an appropriation of $478,500 in the state budget to support Crop Cash (Plus) and Farm Share.

Take Action!

  • View recordings of hearings that interest you on our website here

  • Follow the active bill links to read the language of bills that interest you and be in touch with caroline@ruralvermont.org and cc: info@ruralvermont.org if you have any questions 

  • Reach out to the committee members of the Senate and House Ag Committees directly to comment on pending legislation by email, find all of their contact information below and more info on the legislative website.

House Committee on Agriculture, Food Resilience and Forestry

Senate Committee on Agriculture

Neonic Bill Update

There has been significant testimony from a range of stakeholders taken on neonic bills over the last few weeks. The House Committee on Agriculture heard about the impacts neonics have on bees and birds. Some very impactful testimony from Margaret Fowle of Audubon Vermont (a member of the Protect Our Pollinators Coalition) said that if a bird eats a single corn kernel that has been treated with neonics, it can destroy the reproductive system of the bird and could also lead to the bird becoming paralyzed or even die. The House Agriculture Committee heard from a dairy farmer who planted neonic treated corn next to non neonic treated corn to see what the differences are, and found that the non-treated plants grow to be about the same size as the treated plants, though she was unable to track the yield of the separate plants. Studies in VT, NY, and around the world have repeatedly shown minimal differences in yield between treated and untreated plots - and we heard this again from farmers in Quebec who have already transitioned in the Quebec Farmer Panel.  Extensive research from Cornell University has found that corn, soybean, and other seed coatings—the largest source of neonic pollution in Vermont—provide no overall economic benefits to farmers using them; and yet they are applied to more 99.6% of corn seed planted across more than 90,000 acres in VT.  Maddie Kempner of NOFA VT also testified since our last update in support of the bill.  NOFA VT is also a member of the Protect our Pollinators Coalition. The Champlain Valley Farmers Coalition submitted written testimony - supporting the bill if it were to be amended to mimic the neonic bill recently passed in New York.  The committee heard from Steve Collier of the Agency of Agriculture a number of times.  Most recently he expressed the Agency’s opposition to this legislation, conflating a number of unrelated issues with the effort to transition away from neonics, and characterizing the bill as a simple fix to a complex issue.  Rural Vermont will testify on H.706 on Wednesday, February 21st.

You can find all recordings of recent hearings on our website here

Cannabis Update

Rural Vermont and the VT Cannabis Equity Coalition were able to bring some of its organizational representatives, and community stakeholders, into the Senate Committee on Agriculture for testimony on February 8th.  Our coalition submitted our priorities, Rural VT submitted written testimony, as did some of the community stakeholders who came with our coalition, such as Myra Adams of Hidden Leaf Homestead.  We focused on the need to address directly funding racial and social equity with money from the cannabis excise tax and how that relates to ag, land, housing, and food; the need to address market equity for producers and manufacturers related to direct sales of plants, seeds, and the products they produce; and a number of ways in which the committee could work to further institutionalize outdoor cultivation as agriculture in VT in order to support producers and address substantial barriers.  Last year, the Senate Agriculture Committee proved helpful in having some of our priorities related to agriculture included in legislation. 

H.612 and H.549 continue to be in the House Government Operations and Military Affairs Committee.  Rep. Suprenant was also invited into committee to review the bill she introduced last session which includes some of our priorities, H.426.  We are working to get into committee as a coalition - along with community stakeholders - in order to address our priorities, and to address other testimony that has been provided.  

It will take representatives hearing from you - their constituents - to have many of our priorities addressed this year.  In particular, issues like having a portion of the excise tax being committed to racial and social repair and community investment, providing direct market access for producers and manufacturers, public consumption, and full expungement will need more vocal popular support.

S.301 - Senate Miscellaneous Agriculture Bill

On January 26, The Senate Committee on Agriculture introduced a new bill: S. 301 - An act relating to miscellaneous agricultural subjects. The bill proposes to make multiple miscellaneous changes to agricultural statutes, including amending the requirements for the Vermont Seeding and Filter Strip Program, licensing requirements for agricultural warehouses and livestock dealers, and eligibility requirements for financial assistance from the Vermont Agricultural Credit Corporation (VACC). 

Check out the bill language here

H.420 - Regarding Year-Round Agricultural Practices

Introduced and referred to the House Ag Committee last session, H.420 was now talked about in committee for the first time early in February. It proposes that the Agency of Agriculture, Food and Markets establish a pilot program to provide financial assistance with the aim of establishing year-round agricultural practices across VT. Endorsed by numerous representatives, the bill was presented by Rep. Cina of Chittenden-15. Cina cited local food security, reduced transportation costs involved with transportation of out-of-state food, and future climate resilience as factors which should encourage the committee to consider the bill. In moving forward, he suggested that a focus on climate-adaptive crops and communal production facilities should be considered as possible aspects of the bill.

H.626 - Animal Welfare Bill

This bill proposes to establish a new Division of Animal Welfare at the Department of Public Safety to develop, implement, and administer a centralized program for investigating and enforcing animal welfare requirements on and off farms in the State. The bill would also amend  or establish best management standards for the operation of animal shelters and animal rescue organizations. In addition, the bill would amend or establish requirements for the importation or transportation of animals into the State. Similar legislation has been promoted by the Humane Society, the American Kennel Club and other organizations in the past (more info on VTDigger). Their hope is that H.626 could resolve the current shortcomings of the fragmented system so people would know better who to call about animal cruelty cases so that they can be dealt with in a more timely and effective manner. Its companion bill in the Senate, S. 292 is still “on the wall” and didn’t get any hearings yet in the assigned Senate Committee of Government Operations. Watch the bills first hearing here and this week's large hearing, including compelling youth testimony from Lark Thompson about how difficult it is for citizens to step up for animal welfare here.

H.687 - Related to community resilience and biodiversity protection through land use

H.687 would reform the name, functioning and composition of the Natural Resources Board (NRB) to review appeals to Act 250 permitting in the future as the Environmental Review Board. Any appeal to the Supreme Court would then accept the Board’s findings unless clearly erroneous. The new board would retain current duties of the NRB and also review applications of the planned growth area designations, review future land use maps or regional plans - including those that establish rural and working lands areas. Lawmakers also consider regulating development within critical resource areas, namely flood plains, wetlands, slopes, on bedrock, at high elevation, and a parcel of habitat connector. Critical Resource Areas would also include any amount of prime agricultural soils by definition of this bill. The Director of Policy and Planning (Billy Coster) at the Agency of Natural Resources admitted that the push back for regulating critical resource areas is expected to be much lower than towards regulating the land use of land outside of those areas. Mitigating land use conflicts is the big subject of this discourse. A change in the definition of ‘development’ suggests including the construction of commercial, residential or industrial buildings more than 500 feet from a State or town highway located in a rural and working lands area in the preview of Act 250 review. It would also add the review for construction projects within 25 feet of a critical resource area.

Rural Vermont Comment: This bill is not an alternative to the needed Conservation Plan that is being worked on as the Vermont Conservation Strategy Initiative from Act 59 (2023). The scarcity of arable land for food production is being recognized more and more and the state is wrestling with balancing all the different public interests at stake. That includes it being a question of what development of the working lands should be allowed in the future, how farmland needs to be protected from development but instead be made available to farmers, food production and enhanced conservation planning and practice. Act 250 permitting the concentric development of downtown centers will affect farmland and so will the expansion of flood zones, wetlands, eroded areas etc. so that a statewide look at what’s at stake is underway. Rural Vermont participates in the 30x30 or VCSI process. Read on for more information on the ongoing Vermont Conservation Strategy Initiative process later in this update. 

Recap Flood Recovery Hearing

The Senate Committee on Agriculture met February 6th to discuss flood recovery and relief efforts in the state, particularly focusing on the impact on agriculture. Douglas Farnham, the Chief Recovery Officer, provided updates on the status of recovery efforts, including funds available from the American Rescue Plan Act (ARPA) and the Bipartisan Infrastructure Law. He highlighted the importance of water system investments, in supporting farmworker housing and mentioned programs aimed at climate resilience for farmers. Discussions also centered around FEMA assistance for hazard mitigation projects, including buyouts and elevations, and the challenges faced by smaller communities in accessing federal programs. The committee explored options for mitigating flood risks while maintaining agricultural landscapes, including land conservation and floodplain restoration. The potential for collaboration with conservation districts to address runoff issues and gravel accumulation in rivers was also discussed. Members expressed concerns about the limitations of FEMA assistance and the need to address debris removal in rivers. They also highlighted the importance of considering traditional approaches like dredging and involving experienced individuals in decision-making processes. 

Watch the full hearing here.

More facts about agricultural land loss

Last week, the Agricultural Working Group of the Vermont Conservation Strategy Initiative (VCSI) considered a presentation by Ryan Patch, Agriculture Climate and Land Use Policy Manager at the Agency of Ag, covering land use in agriculture in Vermont from 1840 - 2024. Since the peak of agriculture in Vermont in 1880, when there were over 35K farms representing 84% of the entire VT landmass, ag production in the state has consolidated into 12% of the total land use today. In a business as usual scenario, makers of Act 250 project that 39% of the current agricultural land will produce less or no food due to being impacted as a “critical resource area,” namely river corridor, wetland, high elevation or as slope or soils with shallow bedrock. American Farmland Trust estimates that Vermont will lose between 41K to 61,800 acres by 2040 to development. The remaining 61% are under high pressure for development. How will the group decide about the question of which farmland should be protected from development for food production in the future? In our last update we shared that New England Feeding New England projects a need for an additional 989,000 acres across the North East U.S. to produce only 30% of food consumed in VT by 2030.

See Ryan Patch, Agriculture Climate and Land Use Policy Manager at VAAFM presentation recording (starting 1 hour into the meeting) here (Passcode: +smc28x^) 

View Slides of Ryan’s presentation on agricultural land use in Vermont 1840-2024 here

What’s going on? Raise your voice in the discussion around farmland conservation and land use planning in Vermont’s 30x30 process

Rural Vermont celebrates a successful push for transparency in the relevant public engagement process to find recommendations for land use in Vermont through conservation planning that’s underway until the end of 2025: All meeting recordings of all groups of the Vermont Conservation Strategy Initiative will be made available online! 

If you:

  • Want better farmland access for farmers

  • Want agricultural land to be protected from corporate land grabs and 

  • Want agricultural land to be protected from emission trading and net-zero scams

  • Want agricultural land to be protected from development

  • Have ideas around how to incentivize more sustainable land management 

  • Have ideas around how to increase biodiversity on farms 

Then please comment on this work! 

Comment by emailing Stacy Cibula, Facilitator of the Agricultural Working Group of the VCSI with your comments and concerns at s.cibula@vhcb.org subject: comment on VCSI work & consider to cc: caroline@ruralvermont.org 

To learn more about Rural Vermont’s engagement with the 30x30 process, please visit our website here

Find meeting recordings and more information on the VCSI website here

Farm to Plate 2023 Annual Report

VT Farm to Plate’s Annual Report yielded statistics signaling an increase in retailers of local food. Since 2018, the level of Vermonters purchasing local food at convenience stores and corner markets has increased from 41.9 to 86.9%. For rural areas that rely on corner markets and convenience more, this is great news. The report also included a figure announcing that 68.9% of Vermonters grow some their own food. For a State that is still over 90% import dependent (see NEFNE VT State Brief), this may indicate good ground for the further development of local self-reliance in food. Emma Hilleman, Director of the Vermont Food Center in Rutland, celebrating the 10th year of their organization, affirmed the organization’s impact in Rutland county and the necessity of similar organizations. Emma explained: “In 2022, our data did show that 75% of our participants were considered food insecure and that the average household income was only between $10,000 and $26,000 dollars, which is in the county low. A lot of these folks are already having trouble feeding themselves, let alone feeding themselves with local food and local healthy food. So our programs really have an impact on those folks.” Emma reported that, according to 2022 data, through the five programs affiliated with her organization that work on food-as-medicine and CSAs, 26 farms from across the state participated in selling over $119,000 of product. These programs, Emma said, reached close to 2000 people that year. Annie Harlow, who runs her own consulting business that helps bring VT products to retailers, reported an increase from 715 to 825 retailers selling local food from 2018. She emphasized the importance of developing relationships across the supply-chain to ensure that opportunities for the sale of VT food continues to increase.

Check out the Farm to Plate 2023 Annual Report here

Rural VermontPES, Neonics, cannabis