Vermont House Bills That Affect Local Government – 2023 Session

H.5

Would require the Vermont Association of Planning and Development Agencies to study various issues related to improving and coordinating effectiveness between municipal, regional, and State planning.

H.6

Would extend Act 250 jurisdiction to development within 100 feet of a stream above 1,500 feet and to municipal, state or county development above the elevation of 2,000 feet.

H.29

Would expand jurisdiction under the existing Vermont Flood Hazard Area and River Corridor Rule to all development within a flood hazard area or mapped river corridor.

H.30

Would establish as State policy that wetlands shall be regulated and managed by the State to produce a net gain of wetlands acreage.

H. 31

Would establish a moratorium on the issuance of an aquatic nuisance control permit by the Secretary of Natural Resources authorizing use of pesticides, chemicals other than pesticides, or biological controls until one year after completion of an assessment by a study committee

H.36

Would exempt small municipalities from the requirement in 24 V.S.A. § 4382 for the municipal plan to include forest blocks and habitat connectors on the municipal land use plan map.

H.39

Would create a local revenue distribution working group to study and propose a new structure for the State to distribute revenues to municipalities, considering the differential between the ability of municipalities to raise funds locally, including any existing local option taxes; the tax base represented by the municipal grand list; and the local tax rates.

H.42

Would extend temporary alternative procedures for annual municipal meetings and electronic meetings of public bodies.

H.44

Would allow towns with a population of 2,400 or fewer to vote to establish a local option tax. Those towns would receive, after reduction for the costs of administration, a percent of the local option tax revenue collected within the town’s jurisdiction.

H.46

Would approve dissolution of Colchester Fire District No. 3 and transfer of its assets and liabilities to the Champlain Water District as voted March 29, 2022.

H.47

Would require all solar panel installers to have an approved recycling plan for the solar panels and give the Public Utility Commission authority to approve recycling plans.

H.48

Would 1. establish a Landfill Siting Commission to evaluate a new site for the location of a landfill; 2. establish the Vermont Materials Management Council to assist the Secretary of Natural Resources in long-term management of solid waste in the State; 3. ban from landfill disposal in the State landfill leachate, septage, or sludge generated by a facility without a certification from the Secretary of Natural Resources or lacks approval from the Secretary of Natural Resources for disposal at a landfill; 4. establish a Landfill Closure and Planning Account in the Waste Management Assistance Fund to close existing landfills, plan for new landfills, and remediate contamination caused by landfills in the State. The Landfill Closure and Planning Account would be funded by increases on the tax on solid waste facilities and an increase on the tax on hazardous waste.

H.49

Would require the State Treasurer to establish a statewide voluntary retirement system for voluntary firefighters not eligible to join the Vermont State Employees’ Retirement System or the Vermont Municipal Employees’ Retirement System. 

H.54

Would establish a process to support municipalities that administer independent systems and services to replace those provided by the State, such as public safety, emergency, inspection, code enforcement, social services. Would also establish a system of compensation that considers the costs avoided by the state due to municipal administration.

H.58

Would prohibit a zoning administrator from being a member of the legislative body or the local or regional planning commission.

H.68

Would impose new prohibitions on zoning ordinances, require disclosure if a property for sale is on a Class 4 road, exempt connections to municipal water or wastewater from duplicative state permits, require report on amendments to Fire and Building Safety Code that might reduce housing costs, authorize Human Rights Commission to refer violations of the Fair Housing and Public Accommodations Act to the Attorney General or State’s Attorney.

H.69

Would prohibit smoking cigarettes or using electronic cigarettes within 25 feet of any place of public access or of a multi-unit dwelling.

H.70

Would make changes to law regulating siting of telecommunications facilities including extending the sunset on applications to the Public Utility Commission another 3 years to July 1, 2026.

H.73

Would prohibit Vermont from using California’s Clean Air Act waiver to set motor vehicle emission standards.

H.74

Would reduce Vermont Greenhouse Gas goals and repeal the Climate Council.

H.84

Would clarify how indirect discharges of wastewater in the State are permitted, including compliance with the Vermont Water Quality Standards and the Agency of Natural Resource’s pending Antidegradation Implementation RuleH. Environment & Energy

H.85

Would require that at least 10 percent of each newly constructed trail on State lands or using State funds be accessible to individuals with physical disabilities, and accessible trail buildouts use the U.S. Department of Agriculture’s Forest Service Trail Accessibility Guidelines.

H.95

Would amend the Municipal Energy Resilience Grant Program to add the purchase or replacement of equipment that reduces energy consumption to the list of eligible uses of a grant award.

H.96

Would establish the Clean Heat Standard to reduce Vermont’s greenhouse gas emissions from the thermal sector. The Clean Heat Standard would be administered by the Public Utility Commission with assistance from the Clean Heat Standard Technical Advisory Group and the Equity Advisory Group.

H.97

Would require that a write-in candidate must receive at least the same number of votes as the number of signatures required for the office in order to qualify as the winner in a primary election unless that write-in candidate receives more votes than any other candidate whose name is printed on the ballot.

H.100

Would allow municipalities to seasonally install in-street pedestrian crossing signs in crosswalks, lower certain speed limits on State highways, and express the General Assembly’s intent that the Traffic Committee should not increase the speed limit on a State highway in response to a municipality’s request that the speed limit be lowered.

H.101

Comprehensive transportation affordability and efficiency bill

H.105

Would establish the Community Resilience and Disaster Mitigation Grant Program and the Community Resilience and Disaster Mitigation Fund. Would also increase the assessment on certain insurance company premiums for the Community Resilience and Disaster Mitigation Fund.

H.107

Would extend the time period that the Town of Hartford can incur indebtedness for its tax increment financing district for two years. Would also extend the time period that the Town can retain municipal and tax increment for its tax increment financing district until December 31, 2036.

H.110

Would extend the sunset on applications under 30 V.S.A. § 248a, the statute that governs the siting of telecommunications facilities, for an additional three years.

H.111

Would expand eligibility and increase funding to the Vermont Rental Housing Improvement Program and the Missing Middle-Income Homeownership Development Pilot Program and would create the Middle-Income Rental Housing Revolving Loan Program to provide subsidized loans for rental housing developments that serve middle-income households. Would amend the Municipal Bylaw Modernization Grant Program to exempt municipalities with populations of less than 1,500 from the requirement to implement Complete Streets principles; appropriate funds to the Municipal Planning Grants with a portion of the grants reserved for municipalities that do not yet have a municipal plan or zoning bylaws; hire Housing Resource Navigators at the Vermont Association of Planning and Development Agencies; exempt housing projects in downtowns and village centers with zoning from needing an Act 250 permit; eliminate the ability of “any 10” residents or property owners to appeal municipal zoning decisions; allow towns to register with Agency of Natural Resources (ANR) to issue authorizations for wastewater permits, in lieu of the ANR permit; eliminate the requirement for projects to require mitigation of primary agricultural soils under Act 250 for an alternative or community wastewater system that will serve development within a designated area.

H.124

Would provide additional funding and support to rural communities to ensure effective and equitable access to economic development resources.

H.126

Would establish State goals of conserving 30 percent of the land in the State by 2030 and 50 percent by 2050. To include state, federal, municipal and private lands.

H.129

Would increase the maximum amount of grant awards from the Brownfield Revitalization Fund; require the Secretary of Commerce and Community Development to issue annual grants to regional planning commissions in the State to conduct characterization and assessment of potential Brownfield sites; and require a report to the legislature.

H.130

Would require the Secretary of Natural Resources (ANR) to manage all biosolids and domestic septage as Class B biosolids. The ANR Secretary would be prohibited from managing biosolids and domestic septage as exceptional quality biosolids or Class A biosolids.

H.134

Would set a default statutory maximum speed limit of 35 miles per hour for all unposted and unpaved town highways, as defined in 19 V.S.A. § 301(7), appearing on town highway maps, as required pursuant to 19 V.S.A. § 305.

H.140

Would require the Secretary of Administration to make changes to the State’s Policy for Grant Issuance and Monitoring; require the Secretary of Digital Services to develop a statewide database that is required to list all State-funded grants available to municipalities.

H.143

Would establish standards and consumer protections for towing companies and storage of vehicles.

H.145

Budget Adjustment Act

H.150

Would approve an amendment to the charter of the Village of Alburgh to allow the Village to appoint a Village Clerk and Village Treasurer.

H.157

Would create a technical advisory committee to update the methodology used to calculate the Vermont livable wage and to recommend changes to the statute governing the calculation of the Vermont basic needs budget.

H.161

Would clarify that the Commissioner of Forests, Parks and Recreation may notify fire wardens that during specified periods, burning permits shall not be issued.

H.162

Would prohibit, with exceptions, operation of vehicles equipped with studded snow tires on Vermont highways other than from November 1 to May 15.

H.163

Would create a Ecologically Sustainable Sanitation Working Group to study alternative ecologically sustainable sanitation systems (eco-sanitation) and develop best management practices for low-flow greywater and eco-sanitation systems. Would require the Secretary of Natural Resources to adopt the best management practices developed by the Working Group.

H.164

Would authorize use of low-impact wastewater systems designed to manage and treat wastewater from plumbing fixtures supplied by hand-carried or hand-pumped water.

H.165

Would require all public schools in Vermont to make school breakfast and lunch available to all students at no charge.

H.180

Would establish a standardized opening time for polls.

H.185

Would authorize the Department of Environmental Conservation to issue a permit for dredging of a navigable water in the State to improve navigation of the water and establish the Working Group on Navigation of Lake Champlain to evaluate and facilitate dredging of Lake Champlain between Mallet’s Bay and the Inland Sea to improve navigation for public safety, emergency response, and environmental protection.

H.193

Would increase revenue for the Environmental Contingency Fund by increasing the solid waste franchise tax and increasing the tax on hazardous waste.

H.197

Would put in place an evaluation of state, teachers’, and municipal employees’ pension systems and a timeline for divesting from fossil fuels by December 31, 2030.

H.213

Would create a study on mobile homes and mobile home parks.

H.214

Would establish a department to routinely examine police body camera and police cruiser dashboard camera footage.

H.218

Would establish a good cause standard for termination of employment, require employers to provide severance pay to terminated employees, and permit employees or representative organizations to bring an enforcement action on behalf of the State for violations of the good cause standard.

H.226

Would require candidates for local, county, legislative, and statewide offices to provide contact and demographic information to election officials and require municipal and county clerks to file the information with the Secretary of State.

H.231

Would require the clerk of a municipality to notify the Agency of Digital Services within 24 hours whenever a cybersecurity breach has affected a system used by the municipality to provide municipal services.

H.234

Would create an animal control program to establish regional offices to support municipalities with control programs and services directed at domestic pets; provide free or low-cost vaccination, spay, and neuter programs; and investigate potential locations, resources, and personnel to establish regional pound and shelter facilities

H.249

Would remove immunity and subject law enforcement officers and those acting at the request or direction of an officer, to civil or criminal liability if they do not abide by the standards for law enforcement use of force in dispersing or apprehending rioters. This bill also defines “officer” for clarity.

H.251

Would add the issuance of a Brady or Giglio letter as a basis of law enforcement misconduct under the jurisdiction of the Vermont Criminal Justice Council. Would provide the Council the ability to rescind a Brady or Giglio letter if the law enforcement officer is exonerated after an evidentiary hearing.

H.256

Would amend the Barre City Tax Increment Financing district to extend the time period the city can incur indebtedness for two years, and extend the time the City can retain municipal and education property tax increment for its tax increment financing district until December 31, 2039.

H.257

Would establish findings about the harmful effects of cannabis on health and safety of Vermonters, the environment and dangers of cannabis use in the context of employment, operation of a motor vehicle, and youth substance misuse; repeals all laws regulating licensed cannabis establishments.

H.263

Would make an annual appropriation to the Emergency Medical Services Special Fund, expand commercial insurance and Medicaid coverage of emergency medical services, increase emergency medical services provider reimbursement rates, create an emergency medical services study committee, and establish a refundable income tax credit for qualified emergency responders.

H.271

Would amend the Springfield Charter pursuant to town vote of November 2022.

H.276

Would create a rental housing registry to include dwelling and short term rental units.

H.280

Would exempt from property taxes trailer coaches on a trailer site or camp site in a seasonal campground when it is closed for winter.

H.286

Would permit an injured worker to request preauthorization of benefits in addition to medical treatment; specify when an employer may require an employee who has been medically cleared to return to work to engage in a work search; amend the formula for determining compensation that is due to an employee with a temporary partial disability; clarify requirements for providing dependency benefits and cost of living adjustments to compensation paid to an employee with a temporary partial disability; and permit the Commissioner to award necessary costs of a proceeding to a claimant if the claimant prevails.

H.289

Would increase the amount of total renewable energy required pursuant to the Renewable Energy Standard to 63 percent of each retail electricity provider’s annual retail electric sales during the year beginning on January 1, 2023, increasing by 10.6 percent each second January 1 thereafter, until reaching 100 percent on January 1, 2030.

H.296

Would permit a collective bargaining representative to be certified through voluntary recognition by an employer and majority sign-up by employees.

H.298

Would provide two hours of paid leave so employees may vote in primary and general elections and on Town Meeting Day and make various additional amendments to employment law.

H.301

Would provide protections to tenants from no-cause evictions.

H.307

Would increase the house site value exclusion for purposes of the homestead property tax credit.

H.309

Would prohibit the use of the property transfer tax revenue dedicated to the Vermont Housing and Conservation Trust Fund for any other governmental purpose.

H.317

Would require that newly constructed or developed dwellings with three or fewer units be accessible, adaptable for future accessibility, or visitable by an individual with a disability, and require housing authorities to give prospective tenants with a disability priority when accessible dwellings are available.

H.320

Would update the amount of total renewable energy required pursuant to the Renewable Energy Standard to 57% of a retail electricity provider’s purchases by Jan. 1, 2025, and to 64.5% by Jan. 1, 2030.

H.331

Would rename the Natural Resources Board as the Environmental Review Board and authorize it to hear appeals from District Commissions and district coordinators in addition to current duties.

H.332

Would establish a study committee to recommend designation of a State agency or office to have jurisdiction to increase compliance with building energy standards, and recommend compliance mechanisms, incentives, enforcement, staffing and funding sources.

H.345

Would declare Lake Memphremagog a lake in crisis and eliminate the criteria of declining real property value in the municipality in which the lake is located to qualify for the lake in crisis designation.

H.365

Would provide that a firefighter who, after becoming a firefighter in Vermont, undergoes a cancer screening that indicate no evidence of cancer, a subsequent diagnosis of cancer shall be presumed to have resulted from exposure to conditions in the line of duty.

H.367

A comprehensive bill to adopt miscellaneous provisions to support rural economic development, administrative capacity, and vitality.

H.370

Would specify that municipalities may, but are not required to, maintain legal trails and clarify selectboards’ authority to regulate use of legal trails.

H.374

Would establish the Resilient Rivers Commission to provide information to the public on the importance of protecting riparian zones and rivers, and current regulation of riparian zones and rivers.

H.377

Would repeal the statutes establishing the crimes of disorderly conduct and aggravated disorderly conduct.

H.382

Would authorize municipalities to adopt an ordinance that extends State and local enforcement authority concerning scrapyards to any premises within the municipality that constitutes a public nuisance due to the accumulation of rubbish, scrap, junk, or abandoned vehicles.

H.386

Would make amendments to Brattleboro Charter

H.388

Would authorize municipal districts to mail annual meeting ballots to all active registered voters, after receiving approval of the legislative body of each member municipality within the district.

H.394

Would clarify that the municipal zoning limitation on residential care homes and group homes does not extend to facilities that will house high-risk, justice-involved youth.

H.418

Would amend the charter of Barre Town

H.421

Would require the ANR Secretary to amend the Water Supply Rule to establish a maximum contaminant level (MCL) of zero parts per trillion for the perfluoroalkyl and polyfluoroalkyl substances (PFAS) of perfluorooctanoic acid, perfluorooctane sulfonic acid, perfluorohexane sulfonic acid, perfluorononanoic acid, perfluoroheptanoic acid, and perfluorodecanoic acid. Would propose that the ANR Secretary amend the Water Supply Rule to establish an MCL of not more than 20 parts per trillion for any testable PFAS other than those specifically required to have an MCL of zero parts per trillion

H.422

Would create a study committee to evaluate the impacts of perfluoroalkyl and polyfluoroalkyl substances in leachate on natural resources from landfills in the State.

H.424

Would permit towns, cities, and villages to opt-in to a uniform ranked-choice voting system for elections of candidates running for single-seat offices.

H.436

Would give municipalities authority to use home energy rating systems for compliance with the residential building energy standards; allow the Dept. of Taxes to share data on fuel tax with municipalities; direct the Department of Motor Vehicles to share data with municipalities related to the tax on transportation fuels; prohibit denying a renewable energy project a certificate of public good solely for aesthetic concerns.

H.447

Would prohibit unauthorized groups from associating themselves together as a military unit, prohibit unauthorized military training for purposes of furthering a civil disorder, and prohibit the open carrying of semiautomatic assault weapons.

H.449

Would create a registration requirement and registry for short-term rental housing

H.461

Would make miscellaneous changes in education laws

H.465

Would lower the quorum requirement for regional emergency management committees to five voting members until December 31, 2023, and permit a committee to subsequently vote to modify its quorum requirements upon initially meeting.

H.471

Would amend Vermont’s tax laws, including personal income tax, meals and rooms tax, sales and use tax, use value appraisal, property valuation, the homestead property tax credit, and property transfer tax.

H.474

Amendments to Burlington Charter to prohibit eviction of tenants without just cause.

H.476

Would require law enforcement agencies and constables who exercise law enforcement authority to adopt the Domestic Violence Involving Law Enforcement Model Policy and any future updates to the Policy as well as require the Vermont Law Enforcement Advisory Board to update the Domestic Violence Involving Law Enforcement Model Policy.