Legislative Update 05.22.24
Cannabis / H.612: Piecing Together the Results
As of this writing, there is no final version of H.612 posted online at the legislative website, so we are piecing things together from our understanding of what occurred.
Outdoor cultivators will retain their agricultural nuisance status (the “rebuttable presumption”) and gain a similar status as farms for structures used in production related to fire and building code and employee limitations. However, beginning in January 2025 municipalities will be able to create preferred siting districts for outdoor cultivation, limited to a maximum of 25’ setbacks within the preferred zone, and 50’ outside of the preferred zone. The Cannabis Control Board has been tasked with authoring a report of recommendations for the legislature for 2025 related to outdoor cultivation, siting, agricultural status, municipal authority, etc. Our coalition has been named in the legislation as a stakeholder which the CCB must consult with in its report process.
We hope that another $500,000 has been allotted to the Cannabis Development Fund (social equity funding within the cannabis economy), and that there is also a report required by the Cannabis Control Board related to how much of VT’s excise tax should be allotted towards the Cannabis Development Fund (and ideally, as we’ve been advocating, greater investment towards repairative work at the community level). A number of organizations are required to be consulted with, including our coalition member the VT Racial Justice Alliance, the Land Access and Opportunity Board, and more.
This bill reaches into a number of other areas as well, and our coalition will offer a comprehensive update when we have the final text.
Neonics / H.706: Gubernatorial Veto
Governor Scott has vetoed H.706 - the legislation significantly limiting the use of and exposure to neonicotinoids. We are hopeful that there are enough votes in the House and Senate to override the veto - this was a very popular bill in the statehouse and across Vermont. In preparation for the veto override session over the next few weeks, we’ll be encouraging folks to reach out to their representatives to express their support for this bill.
H.687 allows for Friends of the Courts in Land Use Cases
With climate change, an influx in lawsuits with a focus on land use can be expected. When land use disputes go to court it can be helpful for the courts to hear from advocacy groups about the laws and policies they affected through their advocacy that are subject to the litigation (so called amicus briefs or “friends of the court”).
Rural Vermont was denied the right to file an “Amicus brief” in early 2023 during a member’s Accessory On-Farm Business case regarding an Act 250 permit. The denial was based on an argument that current Vermont statute wouldn’t allow for amicus briefs in land use cases. Fixing this issue legislatively was part of our 2024 course of action and we’ve been working with the Vermont Natural Resources Council, our attorney Jeffrey Bernstein, and Todd Heyman from Fat Sheep Farm as well as a series of legislators to add a provision to clarify the ability to file amicus briefs in land use cases within pending legislation this session.
Status update: Last week, the Senate Committee on Natural Resources and Energy amended the biodiversity/ land use bill, also called big housing bill, H. 687, with language that included the desired clarification that allows for amicus briefs in land use cases. You can find the legal language that passed the Senate in Sec. 44 starting on page 31 here.