Legislative Update 04.30.24
Table of Contents
FULL 04.30.24 WEEKLY AUDIO RECORDING (24 minutes)
(includes all sections of the legislative summary)
highlights
H. 603 Poultry Parts - signed by the Governor April 25, 2024 *effective immediately
SPECIAL
Long-time Senate Ag Chair Senator Bobby Starr is Retiring
Senator Bobby Starr officially announced his retirement after serving for 46 years in the Vermont Legislature. At 81 years old, Bobby chairs the committee on agriculture primarily with humor and patience. Still today he shows an incredible ability to steer his committee through hours of hearings and discussion without shying away from raising his voice to stress new directions that better balance the needs of those affected on the ground. His humor and charm will be missed and memorized long into the future as one of the most outstanding politicians from the Northeast Kingdom, who made it into the Agricultural Hall of Fame in 2022, will pass on the chair position in the Senate Committee on Agriculture.
Rural Vermont thanks Bobby - you were our Star in an abundance of policy initiatives over the decades where you supported farmer-led initiatives. Though we haven’t always seen eye to eye, many small-scale farmers, consumers, and local economies benefit from more scale-appropriate regulations that were made possible with his support, like selling and marketing raw milk, passing and defending the Vermont on-farm slaughter of livestock law; the allowance for the sales of poultry in parts; the foraging of chickens on compost; the protection of pollinators; GMO labeling; the growth of a hemp industry and the recognition of aspects of agricultural status for outdoor cannabis cultivators in Vermont.
Thank you Bobby and may you enjoy many relaxing years of visiting diversified farms and eating farm fresh products!
HIGHLIGHTS
H. 603 Poultry Parts signed by the Governor April 25, 2024 *effective immediately
It’s the law! Inspection is not required for the slaughter or preparation of raw poultry products produced on-farm under the 1,000, 5,000, and 20,000 bird exemptions. Now also parted birds can be sold under these exemptions within Vermont, at farmers’ markets and to restaurants, in addition to selling directly from the farm. The processing is limited to raw poultry, of the producer’s own raising, and on the producer’s own premises. It can but doesn’t have to be for use as human food. Read the new Vermont law as passed by the House and Senate here, and read the USDA guidance here.
By striking the “whole birds only” language from Vermont law and adding the word “raw”, H. 603 allows for the sale of poultry in parts in alignment with the USDA’s guidance on the term “processing.” While parting of birds is now allowed, the new law does restrict what’s permissible under USDA guidance to processing raw poultry products only. The limitation to raw poultry was added by the Vermont Agency of Agriculture, Food and Markets to the bill in the House to effectively narrow the broad USDA understanding of processing that also includes “canned, salted, stuffed, rendered, or otherwise manufactured or processed.” Within the USDA’s definition of processing poultry, it is our reading of the guidance that processing raw poultry includes poultry that is de-feathered, eviscerated, cut-up, skinned, or deboned. The new law took effect on passage which was marked on Apr 25, 2024, with the Governor's signature.
Please celebrate this new law with us and send us pictures of you with your parted birds and happy customers throughout the year to info@ruralvermont.org.
H. 706 Pollinator Protection - passed the Senate Floor Vote, back to the House
H.706 prohibits the sale or use of neonic coatings on corn, soybean, wheat, and cereal seeds by 2029; prohibits outdoor uses that risk significant harm to pollinators by 2025 (flowering crops, ornamental plants); and requires BMPs (best management practices) for permitted uses of neonics.
On Friday, H.706 was overwhelmingly passed on the Senate floor with an amendment bringing the date of implementation for treated seeds back to 2029 from 2031 (aligning with the date of implementation in New York). We anticipate the exemption process being the primary focus of amendments going forward and will provide more details and options for action in the coming days.
Status Update: Because the bill was amended from the version passed by the House (namely to remove turf grass as a prohibited outdoor use, to tie VT’s treated seed provision to NY’s, and to provide a new exemption process for treated seeds), it will now return to the House Committee on Agriculture, Forestry, and Food Resiliency for consideration of further amendments and/or it will go to a committee of conference including members of the Senate and House in order to determine a compromise.
Contact Graham@ruralvermont.org if you have questions or comments.
H. 612 Miscellaneous Cannabis - seeking equitable representation and opposing additional municipal oversight and setbacks for outdoor cultivators
ACT NOW!!! SEE RURAL VT’S ACTION ALERT FROM APRIL 23 FOR MORE INFORMATION!
The VT Cannabis Equity Coalition is a coalition of 5 member-based not-for-profit organizations (Rural VT, NOFA VT, VT Racial Justice Alliance, the VT Growers Association, the Green Mtn Patients’ Alliance) collectively representing thousands of constituents of VT lawmakers, individuals in the legacy and regulated cannabis community, farmers, farm workers, medical patients, caregivers, and more. We have struggled to be heard in committee this session or have our recommendations acted on -and this session we have seen the narratives of independent lobbyists, the largest and most capital-intensive licensees, and a single conflict between one cultivator and one municipality dominate the conversations in committee and consequently what ends up in proposed amendments to H.612. We need your support and help to amplify our voices.
The Miscellaneous Cannabis Bill (H.612) contains changes to existing law which could have a substantial negative impact on outdoor cultivators; and does not contain recommended substantive changes supporting an equitable adult-use marketplace, medical patients and caregivers, and reparative social equity investments which Rural VT and the VT Cannabis Equity Coalition have been advocating for for years.
At this point, our primary focus is removing the regressive language affecting outdoor cultivators in Sections 16 and 17 of the bill. This section proposes restricting outdoor siting by local select boards by enabling local municipalities to create "preferred districts" for outdoor cultivation. The legislation then establishes maximum and minimum setback requirements and limitations based on whether or not the cultivation occurs within the "preferred" district. The setback is a maximum of 100 ft if outside the district, 25 ft if within the district, and 10 ft minimum if there is no zoning. This language was developed without any research about potential impacts on, or input from, the community of cultivators it would directly affect. It is regressive in the sense that it directly opposes original legislative language protecting the smallest scale of outdoor cultivation from municipal oversight, and legislative changes made last year (based on our advocacy) which were made as a result of testimony provided by multiple producers and organizations supporting them related to extreme barriers and prejudice they were facing as a result of municipal oversight. It directly opposes the intention and trend of treating the outdoor cultivation of cannabis in the same manner as agriculture. This language emerges as a result of one situation brought into the legislature related to a conflict between a single outdoor cultivator, his neighbors, and the municipality in which he resides. If this language goes into effect, the over 200 actively licensed outdoor and mixed-use cultivators in Vermont will be introduced to significant risk and uncertainty which could affect the viability of their businesses, and aspects of the entire marketplace.
The siting of cannabis cultivation in densely populated areas of Vermont and the role of municipal oversight is an important conversation to have, but there must be a reasonable process that directly and broadly engages stakeholders directly impacted, and thoroughly assesses the impacts of any proposed restrictions or additional regulation before enacting them into law. Dramatically changing existing law demands adequate engagement with communities and understanding of impacts – and that has not occurred with this proposed policy change.
We have included language and concepts in our recommendations this year that we have now been advocating for years: from foundational investments in Social Equity and Community Reinvestment, to direct markets for small cultivators and manufacturers, to patient and caregiver-centered medical reforms, to public consumption and further expungement. We now have an adult-use and medical program in which there is no ongoing investment from the Cannabis Excise Tax in social equity and repair (unlike most other states, given the racialized criminalization of cannabis and its enforcement), in which the very cultivators of the plants and manufacturers of the products are not able to directly sell their products to the public and must go through middlemen (concentrating market power in the hands of retailer licensees), and in which the consumption laws essentially only allow legal consumption for people who own their own land and/or homes. It is past time to make changes like these and to create a truly equitable cannabis economy in VT.
S. 102 The Vermont Pro Act - possible Committee vote 4/30
The VT Protect the Right to Organize "PRO" Act (S.102) would balance power in the workplace and make it easier for marginalized workers to form a union.
S.102 would improve worker protections for organizing by making it easier for workers in the public sector to form unions, expanding collective bargaining rights to agricultural and domestic workers, and protecting workers’ freedom of speech by preventing employers from forcing employees to attend captive audience meetings.
Rural Vermont shared a statement of support on S.102 (here) in the House Committee on General & Housing on Wednesday, April 17 (watch recording here) - you can express your support for farm workers' right to unionize in S.102 by signing on here.
Proposal 3 Right to Unionize, constitutional amendment - adopted by the House in concurrence
PR. 3 would amend the Constitution of the State of Vermont to provide that the employees in the State have the right to collectively bargain. The procedure to amend the Vermont constitution is in Section 72 of Chapter II of the constitution which allows for such amendments to be introduced only every fourth year during the second year of the biennium. The House voted 129 yays to 8 nays in concurrence with the Senate's proposal of the amendment. Even though PR. 3 is now close to its final version and passed by the House and Senate - both chambers will have to approve the constitutional amendment again in the second year of the next biennium. The constitutional process then also requires the people of Vermont to ratify the amendment directly with a majority of votes. Read more about Proposal 3 on Vermont Digger here.
H. 81 Right to Repair - Senate Agriculture Committee Edits and Discussion
The Senate Committee on Agriculture took more testimony on the Right to Repair bill and discussed feedback from the House on their proposed changes to the bill. At last week's hearing, Senators showed some confidence in their edits while acknowledging that they continue to work on many remaining open questions. You can still express your support for the passage of this bill by reaching out to the committee members - more info in this action alert.
Legislative hearing on 30x30 - House Agriculture Committee listens to stakeholders about tokenization and procedural shortcomings
The inventory phase of Vermont’s 30x30 process has concluded. Rural Vermont was a member of the Agricultural Working Group in this process. Only in the final meeting were concepts like Payment for Ecosystem Services (PES) based on metrics of soil health introduced to the group to justify the inclusion of agriculture in this process under Act 59 (2023). Rural Vermont is disappointed that feedback and proposals from the Small Farmer Cohort group who worked closely on PES were not adequately discussed or taken into consideration by the 30x30 Working Group, including opposition to some of the frameworks currently being discussed about 30x30. The final “Report” offered by VHCB and other facilitators of the group does not represent the full context of the conversations had in the group - in particular conversations in opposition to the preferred direction of the leaders of the group - and even expands the use of language related to PES that was never discussed by the group, and openly opposed by some members.
Rural Vermont, alongside the Franklin Isle Farmer Watershed Alliance and the White River Conservation District, submitted statements to voice these and other shortcomings of the undemocratic Vermont Conservation Strategy Initiative (VCSI) process, as well as in testimony to the House Committee on Agriculture, Food Resiliency and Forestry. Rural VT withheld its signature from the final Report.
Read the Final Report of the Agricultural Lands Working Group For the Vermont Conservation Strategy Initiative here
Read Rural Vermont’s testimony here
Read Franklin Grand Isle Farmer Watershed Alliance testimony (attached in ALWG final report)
Read White River Conservation District testimony here
Read Stephen Leslie testimony here
Vermont Conservation Strategy Initiative (VCSI) Public Roundtable on Draft Inventory Report
Join on Zoom on June 27th at 4pm-7pm - Register Below
Join the Vermont Housing and Conservation Board for a virtual public meeting to review the draft Conservation Inventory. This will be a culmination of all work to date: a data inventory of existing conservation, working group reports, and stakeholder input through surveys, focus groups, interviews, and roundtables.
This will be a great opportunity to review the inventory and share your thoughts and perspective. If you are unable to make it, a recording and notes will be available after the meeting and a feedback form will be available. We look forward to seeing you there. Register here!
STATUS UPDATES
H. 721 Expanding Access to Medicaid and Dr. Dynasaur - Senate Health and Welfare
Description: [From 04.02.24 legislative update] H. 721 would expand the eligibility to these healthcare programs for low-income Vermonters.
Status update: This bill has been referred to the Senate Committee on Finance.
H. 614 Land improvement fraud and timber trespass
Description: [From 04.02.24 legislative update] H.614 seeks to codify the crime of land improvement fraud, including fraud of forestry operations. It proposes to require offenders to submit a surety bond or letter of credit with the Attorney General if they knowingly commit multiple violations of timber trespass or are subject to unpaid civil judgments of the same type. Finally, it would make equipment used in land improvement fraud subject to seizure and forfeiture.
Status update: This bill is on the notice calendar in the Senate and will be up for a second reading on the floor 5/1.
H. 877 House miscellaneous ag bill
Description: [From 04.02.24 legislative update] H.877 proposes to make various changes to agricultural statutes, including amendments to eligibility requirements for the Agency’s Farm Agronomic Practices Program to extend to agricultural service providers and agricultural nonprofit organizations; the adoption of national standards for weights and measures; the adoption of an online testing option for the licensing of pesticide applicators in the state; and the inclusion of language relating to online vending of fertilizers, limes, biostimulants, etc.
Status update: H. 877 is currently in the Senate Committee on Agriculture with a possible vote scheduled for 4/30
S. 301 Senate miscellaneous ag bill
Description: [From 03.06.2024 legislative update] S.301 proposed to make changes to various agricultural statutes. A majority of the changes were designed to conform to new standards of writing, including gender-neutral language and the elimination of “would” before verbs. The bill also included suggestions to strike the requirement in Chapter 85 of the Agricultural statutes that requires the secretary to consult with the Ag. Innovation Board in addition to the Agency of Natural Resources when designating acceptable pest control products. The bill also proposed to modify the Agricultural Credit Program to allow for the assistance of non-resident farmers.
Status update: possible vote in House Committee on Ways and Means on 4/30
S.213 River corridor land use
Description: [From 04.02.24 legislative update] Up to 70 to 80% of flood-related damages occur in river valleys. S.213 proposes to establish as State policy that wetlands be regulated and managed to produce a net gain of their acreage to protect existing wetlands and to restore wetlands that were previously adversely affected. Projects with a larger than 5,000 square feet of adverse effects that cannot be avoided will require a permit that either restores, enhances, or creates wetlands or buffers to compensate for the adverse effects on the wetland. The bill also requires updates to certain wetlands rules (which will incorporate the net gain rule into permitting requirements), inventory maps, and an amendment to the Vermont Flood Hazard Area and River Corridor Rule to better conform with environmental best practices when issuing development permits within a flood hazard area or a mapped river corridor in the State. The Department of Environmental Conservation is charged with doing outreach and education involving anyone affected by these projected changes and gathering input on the new requirements for permitting requirements within river corridors that will be developed. The bill also proposes amendments to the Dam Safety Revolving Fund to provide loans for funding dam repair.
Status update: possible vote in House Committee on Appropriations on 4/30
H.687 Community resilience and biodiversity protection through land use
Description: This bill seeks to 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 faulty. The new board would retain the current duties of the NRB and also review applications of the planned growth area designations, and review future land use maps or regional plans - including those that establish rural and working lands areas.
Status update: referred to Senate Committee on Appropriations 4/30
S. 25 Relating to regulating PFAS in cosmetic, menstrual products, textiles, athletic turf fields and more
Description: A bill that would ban the production, sale, or distribution of cosmetic and menstrual products made with PFAS passed the Senate last year and made its entire way through the House only in the month of April: S. 25 would regulate the use in cosmetic, menstrual products, textiles and other consumer products, athletic turf and firefighting agents. Read more about S. 25 here.
Status update: S.25 has moved through both chambers and is now in its final stages. The Senate is scheduled to vote today, April 30, on the House proposal of amendment.
H.626 Animal Welfare
Description: [From 04.02.24 legislative update] 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.
Status update: the Senate Committee on Government Operations is taking testimony 4/30.
H. 128 Accessory On-Farm Businesses
Description: [From 04.02.24 legislative update] H.128 clarifies definitions related to "accessory on-farm businesses" and exempts those businesses, as well as small forest products manufacturers, from needing an Act 250 permit.
Status update: The bill, H. 128, died in the House Committee on Environment and Energy. Senator Bray, chair of the Senate Committee on Natural Resources and Energy is now proposing an amendment to include some of its language in H. 687. Specifically changes to the definition of Accessory On-Farm Businesses and the clarification that improvements to AOFBs are exempt from Act 250 permitting.
H. 883 Budget, funding for Food Access Programs
Description: [From 04.02.24 legislative update] NOFA-VT is seeking an appropriation of $478,500 in base funding in FY25 to support two local food access programs, Crop Cash (Plus) and Farm Share, that enhance food security while supporting farm viability.
Status update: The Senate passed its version of H.883 on 4/24/24 - the next step will be a conference committee to negotiate both versions of the budget.
Final note: the legislature is currently scheduled to adjourn Thursday, May 9th, 2024.