House Calendar
THURSDAY, APRIL 14, 2005
104th DAY OF BIENNIAL SESSION
Page No.
ACTION CALENDAR
S. 63 Transfer Functions From Labor & Industry to Public Safety.................. 614
Favorable with Amendment
H. 202 Public Good for Merchant Electric Plants........................................... 614
Rep. Morley for Commerce
H. 287 Long-Term Care Insurance............................................................... 616
Rep. Trombley for Commerce
H. 504 Appraisals and Education Finance..................................................... 620
Rep. S. Smith for Ways and Means
Rep Marron for Appropriations
Rep. Sunderland Amendment........................................................... 621
Rep. Hube Amendments.................................................................. 623
S. 84 Management of Exposure to Mercury................................................... 623
Rep. Deen for Fish, Wildlife and Water Resources
For Action Under Rule 52
J.R.H. 32 April 18-22 VT Community Development Week.......................... 629
NOTICE CALENDAR
Favorable with Amendment
S. 52 Renewable Energy Portfolio Standards................................................. 629
Rep. Dostis for Natural Resources and Energy
S. 81 Relating to School Buses...................................................................... 646
Rep. Endres for Education
Favorable
H. 261 VT State Council Service Officer Program......................................... 649
Rep. Valliere for General,Housing & Military Affairs
CONSENT CALENDAR
(See Addendum to House and Senate Calendar)
H.C.R. 95 Congratulating Harwood HS Boys’ Hockey Team....................... 649
H.C.R. 96 Congratulating VT Round & Square Dance Committee................ 649
H.C.R. 97 Congratulating Wrestling Champion Robert Hamlin...................... 649
H.C.R. 98 Congratulating Junior Firefighters of Tinmouth.............................. 649
H.C.R. 99 Congratulating Essex H S Cheerleading Team.............................. 649
S.C.R. 28 Congratulating Waitsfield/Champlain Valley Telecom.................... 649
ACTION CALENDAR
Third Reading
S. 63
An act relating to the transfer of certain functions from the department of labor and industry to the department of public safety.
Favorable with Amendment
H. 202
An act relating to issuing certificates of public good to merchant electric plants.
Rep. Morley of Barton, for the Committee on Commerce, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. 30 V.S.A. § 248(a)(2) is amended to read:
§ 248. New gas and electric purchases, investments, and
facilities; certificate of public good
0* * *
(2) Except as provided under section 248a of this title, and except for the replacement of existing facilities with equivalent facilities in the usual course of business, and except for electric generation facilities that are operated solely for on-site electricity consumption by the owner of those facilities:
* * *
Sec. 2. 30 V.S.A. § 248a is added to read:
§ 248a. MERCHANT ELECTRIC PLANTS; CERTIFICATE OF PUBLIC
GOOD
(a) A person may begin site preparation for or construction of a merchant electric plant within the state if, after giving notice and an opportunity for hearing, the public service board issues a certificate of public good under this section.
(b) As used in this section, "merchant plant" means an electric generation facility and its associated interconnection facilities:
(1) whose marketed electrical energy shall be sold in competitive markets; and
(2) no part of which is financed directly or indirectly through investments backed by Vermont electric ratepayers, unless by power contracts.
(c) In proceedings under this section:
(1) The petitioner shall send copies of its application to the attorney general, the department of public service, the department of health, the agency of natural resources, the division of historic preservation, the scenery preservation council, the state planning office, the agency of transportation, the department of agriculture, food and markets, and to the chair or director of the municipal and regional planning commissions and the municipal legislative body for each town and city in which the proposed merchant plant will be located.
(2) The agency of natural resources shall appear as a party and may provide evidence and recommendations.
(3) At least one nontechnical public hearing shall be held in a county in which the merchant plant is proposed to be located, and notice of the public hearing shall be published in a newspaper of general circulation in the county or counties in which the proposed merchant plant will be located.
(4) Technical hearings shall be held at locations selected by the board.
(d) Before the public service board issues a certificate of public good as required under subsection (a) of this section, it shall find that the merchant plant:
(1) will not unduly interfere with the orderly development of the region, with due consideration having been given to the recommendations of the municipal and regional planning commissions, the recommendations of the municipal legislative bodies, and the land conservation measures contained in the plan of any affected municipality;
(2) will not adversely affect system stability and reliability;
(3) will not have an undue adverse effect on aesthetics, historic sites, air and water purity, the natural environment, and the public health and safety, with due consideration having been given to the criteria specified in 10 V.S.A. §§ 1424a(d) and 6086(a)(1)-(8) and (9)(K);
(4) is in compliance with the electric energy plan approved by the department of public service under section 202 of this title, or there exists good cause to grant a certificate to the proposed merchant plant, notwithstanding noncompliance;
(5) does not involve a facility affecting or located on any segment of the waters of the state that have been designated as outstanding resource waters by the water resources board, except that, with respect to a natural gas or electric transmission facility, the merchant plant does not have an undue adverse effect on those outstanding resource waters;
(6) with respect to a waste-to-energy facility, is included in a solid waste management plan that was adopted pursuant to 24 V.S.A. § 2202a and that is consistent with the state solid waste management plan;
(7) can be served economically by existing or planned transmission facilities without undue adverse effect on Vermont utilities or customers;
(8) will result in an economic benefit to the state and its residents; and
(9) will promote the general good of the state.
(e) A certificate of public good issued under this section does not entitle any person to exercise the right of eminent domain.
(Committee vote: 9-0-2)
H. 287
An act relating to long-term care insurance.
Rep. Trombley of Grand Isle, for the Committee on Commerce, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. 8 V.S.A. §§ 8084a and 8084b are added to read:
§ 8084a. REQUIRED DISCLOSURE OF RATING PRACTICES TO
CONSUMERS
(a) Other than policies for which no applicable premium rate or rate schedule increases can be made, insurers shall provide all of the information listed in this subsection to the applicant at the time of application or enrollment, unless the method of application does not allow for delivery at that time. In such a case, an insurer shall provide all of the information listed in this subsection to the applicant no later than at the time of delivery of the policy or certificate.
(1) A statement that the policy may be subject to rate increases in the future;
(2) An explanation of potential future premium rate revisions and the policyholder’s or certificate holder’s option in the event of a premium rate revision;
(3) The premium rate or rate schedules applicable to the applicant that will be in effect until a request is made for an increase;
(4) A general explanation for applying premium rate or rate schedule adjustments that shall include:
(A) A description of when premium rate or rate schedule adjustments will be effective; and
(B) The right to a revised premium rate or rate schedule as provided in subdivision (2) of this subsection if the premium rate or rate schedule is changed;
(5) Information regarding each premium rate increase on this policy form or similar policy forms over the past ten years for this state or any other state that, at a minimum, identifies:
(A) The policy forms for which premium rates have been increased;
(B) The calendar years during which the form was available for purchase; and
(C) The amount or percent of each increase. The percentage may be expressed as a percentage of the premium rate prior to the increase, and may also be expressed as minimum and maximum percentages if the rate increase is variable by rating characteristics.
(b) In certain circumstances, the commissioner may waive the disclosures required to be made by an insurer under subdivision (a)(5) of this section where such disclosures relate to blocks of business acquired by such an insurer from nonaffiliated insurers or the long-term care policies acquired from nonaffiliated insurers, and when the increases which would otherwise be required to be disclosed occurred prior to the acquisition of such block or policies. Similarly, the commissioner may waive the premium disclosures required by subdivision (a)(5), as relates to a rate increase on a long-term care policy form acquired from nonaffiliated insurers or a block of policy forms acquired from nonaffiliated insurers on or before the end of a 24-month period following the acquisition of the block of policies, and where disclosure of the rate increase had been made by the selling insurer prior to the acquisition. When making a decision to waive the disclosures required under
subdivision (a)(5) of this section, the commissioner shall consider such factors as whether making the disclosures would be unfair or punitive to the acquiring insurer and whether nondisclosure would harm Vermont consumers.
(c) The insurer may, in a fair manner, provide explanatory information related to the rate increases.
(d) An applicant shall, at the time of application, unless the method of application does not allow for acknowledgment at that time, in such a case, no later than at the time of delivery of the policy or certificate, sign an acknowledgment that the insurer made the disclosure required under subdivisions (a)(1) and (5) of this section.
(e) An insurer shall provide notice of an upcoming premium rate schedule increase to all policyholders or certificate holders, if applicable, at least 45 days prior to the implementation of the premium rate schedule increase by the insurer. The notice shall include the information required by subsection (a) of this section when the rate increase is implemented.
§ 8084b. SUITABILITY
(a) This section shall not apply to life insurance policies that accelerate benefits for long-term care.
(b) The “issuer,” meaning every insurer, health care service plan, or other entity marketing long‑term care insurance, shall:
(1) Develop and use suitability standards to determine whether the purchase or replacement of long-term care insurance is appropriate for the needs of the applicant;
(2) Train its agents in the use of its suitability standards;
(3) Maintain a copy of its suitability standards and make them available for inspection upon request by the commissioner; and
(4) File with the commissioner a copy of the issuer’s personal worksheet form.
(c)(1) To determine whether the applicant meets the standards developed by the issuer, the agent and issuer shall develop procedures that take the following into consideration:
(A) The ability to pay for the proposed coverage and other pertinent financial information related to the purchase of the coverage;
(B) The applicant’s goals or needs with respect to long-term care and the advantages and disadvantages of insurance to meet these goals or needs; and
(C) The values, benefits, and costs of the applicant’s existing insurance, if any, when compared to the values, benefits, and costs of the recommended purchase or replacement.
(2) The issuer and, where an agent is involved, the agent shall make reasonable efforts to obtain the information set out in subsection (c) of this section. The efforts shall include presentation to the applicant, at or prior to application, of the personal worksheet used by the issuer. The issuer may request the applicant to provide information to comply with its suitability standards.
(3) A completed personal worksheet shall be returned to the issuer prior to the issuer’s consideration of the applicant for coverage, except the personal worksheet need not be returned for sales of employer group coverage to employees and their spouses.
(4) The sale or dissemination outside the company or agency by the issuer or agent of information obtained through the personal worksheet is prohibited.
(d) The issuer shall use the suitability standards it has developed pursuant to this section in determining whether issuing long-term care insurance coverage to an applicant is appropriate.
(e) Agents shall use the suitability standards developed by the issuer in marketing long-term care insurance.
(f) If the issuer determines that the applicant does not meet its financial suitability standards, or if the applicant has declined to provide the information, the issuer may reject the application. In the alternative, the issuer shall send the applicant a letter by which the applicant may choose to purchase the policy knowing that the issuer had determined that the applicant did not meet the financial suitability standards. However, if the applicant has declined to provide financial information, the issuer may use some other method to verify the applicant’s intent. Either the applicant’s returned letter or a record of the alternative method of verification shall be made part of the applicant’s file.
(g) The issuer shall report annually to the commissioner the total number of applications received from residents of this state, the number of those who declined to provide information on the personal worksheet, the number of applicants who did not meet the suitability standards, and the number of those who chose to confirm after receiving a suitability letter.
Sec. 2. EFFECTIVE DATE
This act shall take effect on passage and shall apply as follows:
(1) Except as provided in subdivision (2) of this section, this act applies to any long‑term care policy or certificate issued in this state on or after January 1, 2006.
(2) For certificates issued on or after the effective date of this act under a group long-term care insurance policy as defined in 8 V.S.A. § 8082(4)(A), which policy was in force at the time this act became effective, the provisions of this act shall apply on the policy anniversary following January 1, 2006.
(Committee vote: 10-0-1)
H. 504
An act relating to appraisals and education finance.
(Rep. Smith of Morristown will speak for the Committee on Ways and Means.)
Rep. Marron of Stowe, for the Committee on Appropriations, recommends the bill be amended by striking Secs. 4, 8 and 22 and inserting new Secs. 4, 4a, 8 and 22 to read:
Sec. 4. IMPLEMENTATION
(a) The director of property valuation and review shall develop a lister training program for the purpose of assuring accuracy in grand list maintenance through assessment education in fiscal year 2006, including obtaining instructors and classroom space and materials and production of videotape and computer courses. Payments by towns from the lister training subaccount to the director shall be in addition to and shall not supplant any portion of the property valuation and review budget to be used for lister education programs offered in fiscal year 2006 that were provided by the division during fiscal year 2005. These payments shall not be used for any activities of a municipality or the division of property valuation and review other than lister training.
(b) In designing the overall program and course offerings to be offered as required under 32 V.S.A. § 3436, the director shall consult with the Vermont Assessors and Listers Association and other persons the director deems appropriate. The director shall report on January 15, 2006 and January 15, 2007 to the house committees on ways and means and appropriations and to the senate committees on finance and appropriations on the current status of the lister education program, including courses offered, level of participation in the program, and level of participants’ satisfaction with the program.
Sec. 4a. 16 V.S.A. § 4025(c) is amended to read:
(c) An equalization and reappraisal account is established within the education fund. Moneys from this account are to be used by the division of property valuation and review to assist towns with maintenance or reappraisal on a case-by-case basis; and for reappraisal payments pursuant to section 4041a of Title 32. A lister training subaccount within the equalization and reappraisal account is established. Each municipality is authorized to draw from its own portion of the subaccount such amounts as it determines necessary for lister training, and shall pay this amount to the director of property valuation and review for lister training services provided. A municipality may withdraw funds from this subaccount upon warrants issued by the commissioner of finance and management. Unused funds in the subaccount at the end of the fiscal year shall revert to the education fund.
Sec. 8. 32 V.S.A. § 4041a(a) is amended to read:
(a) A
municipality shall be paid $6.00 $8.80 per grand list parcel per
year, from the equalization and reappraisal account within the education
fund and $8.50 per parcel of this amount shall be paid to the town, to
be used only for reappraisal and costs related to reappraisal of its grand list
properties and for maintenance of the grand list ; and $0.30 per parcel of
this amount shall be paid to the lister training subaccount, to the credit of
the town in which the parcel is located.
Sec. 22. APPROPRIATION
There is appropriated from the education fund in fiscal year 2006, in addition to any other appropriation for this purpose:
(a) the sum of $487,500.00 to the director of Property Valuation and Review which, when added to the sum already appropriated in fiscal year 2006 for an additional $1.00 per parcel, shall cover the cost of the additional $2.50 per‑parcel payments under Sec. 8 of this act, and
(b) the sum of $100,000.00 to the lister training subaccount of the equalization and reappraisal account within the education fund for the additional $ .30 per‑parcel payments under Sec. 8 of this act.
(Committee vote: 10-1-0)
Amendment to be offered by Rep. Sunderland of Rutland Town to H. 504
Moves the bill be amended by adding a new Sec. 24 to read:
Sec. 24. FUNDING ELEMENTARY AND SECONDARY EDUCATION
(a) Findings and purpose. The General Assembly finds that the state education property tax has imposed excessive burdens on property owners of the state, created inequalities among taxpayers and municipalities, and caused or contributed to excessive and escalating school budgets. Therefore, it is the purpose of this section to repeal the state education property tax prospectively, at a time certain, and to charge the General Assembly, by that time, to enact alternative revenue strategies for elementary and secondary education that provide more equity, equality, and fiscal prudence.
(b) State education property tax repeal. The state education property tax, enacted by No. 60 of the Acts of 1997, as amended, and as codified in chapter 135 of Title 32 of the Vermont Statutes Annotated, is repealed effective March 31, 2007.
(c) Joint Legislative Committee on Education Finance.
(1) There is created a Joint Legislative Committee on Education Finance to be composed of eight members of the General Assembly, four from the House of Representatives appointed by the Speaker, not all from the same political party, and four from the Senate appointed by the Senate Committee on Committees, not all from the same political party. The Joint Committee shall elect its chair and vice chair from among its members and may meet as it deems necessary, including during the interim between sessions of the General Assembly. For attendance at meetings when the General Assembly is not in session, members shall be entitled to compensation for services and reimbursement of expenses as provided in section 406 of Title 2.
(2) The Joint Legislative Committee on Education Finance shall review alternative methods of financing public elementary and secondary education in the state and recommend one or more methods for financing public education in a manner that provides more equity, equality, and fiscal prudence. The Joint Committee shall report its findings and recommendations to the General Assembly not later than January 1, 2006.
(3) The Joint Legislative Committee on Education Finance shall review methods for reducing the cost of public education, and shall recommend methods for containing increases in the costs of education.
(4) The Joint Legislative Committee on Education Finance shall have the assistance of the Joint Fiscal Office, the staff of the Legislative Council, the Department of Taxes, and the Department of Education. In addition, the Joint Committee may retain one or more consultants or experts on education finance, and there is appropriated to the legislature from the general fund in fiscal year 2005 the amount of $50,000.00 which shall be available for expenditure for this purpose by the committee until July 1, 2006.
(d) This section shall take effect from passage.
Amendment to be offered by Rep. Hube of Londonderry to H. 504
Moves the bill be amended by adding new Sec. 22a to read:
Sec. 22a. 32 V.S.A. §5401(10(F) is amended to read:
(10) “Nonresidential property” means all property except:
(F) Property owned by a municipality which is located within that municipality and which is used for municipal purposes, not including the provision of utility services.
Amendment to be offered by Rep. Hube of Londonderry to H. 504
Moves the bill be amended by adding Sec. 22a and subsection 23(16) to read:
Sec. 22a. 32 V.S.A. § 9610(a) is amended to read:
(a) Not
later than thirty 30 days after the receipt of any property
transfer return or payment of tax under this chapter, a town clerk shall file
the return in the office of the town clerk and forward one copy of that return and
the amount of tax paid with respect thereto to the commissioner. The
clerk shall retain fifty percent of the tax paid with respect to the return, to
be used by the town in reducing its municipal tax rate, and shall remit the
remaining amount of tax to the commissioner with the return.
Sec. 23.
(16) Sec. 22a of this act (towns to retain one-half of property transfer tax revenue) shall apply to property transfer tax revenue from transfers on or after July 1, 2005.
S. 84
An act relating to comprehensive management of exposure to mercury.
Rep. Deen of Westminster, for the Committee on Fish, Wildlife and Water Resources, recommends that the House propose to the Senate that the bill be amended as follows:
First: In Sec. 1, by striking 10 V.S.A. § 7101 and inserting in lieu thereof the following:
§ 7101. LEGISLATIVE FINDINGS
The general assembly finds and declares that:
(1) Mercury is a persistent and toxic pollutant that bioaccumulates in the environment and poses a serious threat to humans, particularly young children and the developing fetus, and wildlife.
(2) Recent EPA research concludes that 16 percent of American women of childbearing age have unsafe mercury blood levels, and that the annual number of newborn infants at risk in the United States is 630,000.
(3) The primary means of human exposure to mercury is the consumption of contaminated fish and shellfish.
(4) Vermont and all other northeastern states have issued statewide fish consumption mercury contamination advisories that recommend limiting or avoiding the consumption of certain freshwater fish caught locally.
(5) While the Vermont departments of environmental conservation, fish and wildlife, and health have undertaken a long-term collaboration to monitor and report on fish tissue mercury in Vermont waters, most lakes and streams remain untested. Of the 560 lakes and ponds tracked by the department of environmental conservation, only 60 of the largest have been monitored for fish mercury. For inland lakes, this corresponds to 51 percent of the lake acreage in Vermont. Only 22 river or stream sites have been tested for fish mercury. This current monitoring approach is not designed to track changes in fish mercury over time in response on management actions, and does not address mercury impacts on fish-eating wildlife.
(6) The U.S. Food and Drug Administration and the Vermont department of health recommend limiting the consumption of certain commercial saltwater fish, including canned tuna.
(7) Human exposure to mercury can result in nervous system, kidney, and liver damage and impaired childhood development.
(8) There has been a threefold increase in mercury loading to the environment over the past 150 years. Much of the mercury deposited from the atmosphere is from human and natural sources, but anthropogenic emissions exceed those that occur naturally.
(9) More than one-half of the mercury deposition is from out-of-region sources, with the largest being coal‑burning power plants (utility boilers) and industrial boilers.
(10) While mercury-added switches have been eliminated from currently manufactured U.S. and foreign manufactured motor vehicles, mercury-added switches are still prevalent in end-of-life motor vehicles previously manufactured. Collection programs for these vehicle switches at end-of-life of the vehicle have proven to be a feasible method to reduce a significant source of mercury release to the region.
(11) Implementation of the 1998 New England Governors and Eastern Canadian Premiers Mercury Action Plan has led to a decrease in regional mercury emissions of more than 55 percent – primarily due to emissions controls on municipal combustors and medical waste incinerators, both of which burn discarded mercury-added products.
(12) The New England Governors and Eastern Canadian Premiers have set an interim goal in the Mercury Action Plan of 75 percent reduction in anthropogenic emissions by 2010. Achieving this goal will require further reduction measures from in-region combustion sources such as power plants, industrial and commercial boilers, and sewage sludge incinerators, and will require reducing mercury releases that occur through disposal and breakage of products that contain mercury.
(13) Many of the states in the region, including Connecticut, Maine, New York, and Rhode Island, have adopted comprehensive mercury-added product legislation to identify and eliminate unnecessary uses of mercury.
(14) Significant use of mercury-added products occurs in health care facilities, schools, and dental practices, in all of which mercury use or release reduction is technically and economically feasible.
(15) The Mercury Task Force of the Conference of New England Governors and Eastern Canadian Premiers adopted a goal to reduce dental wastewater discharges of mercury by having 50 percent of dentists install amalgam separators in each state or jurisdiction by the end of 2005.
(16) In 1998, the Vermont general assembly passed legislation requiring labeling of mercury-added products and banned the disposal of these labeled products in landfills. The agency and municipal solid waste districts implemented numerous mercury education and reduction programs to reduce mercury use in products and to collect spent mercury-added products for proper recycling and disposal. Public education is essential to reducing improper disposal of spent mercury-added products.
(17) Vermont’s mercury product legislation passed in 1998 does not comprehensively restrict the sale and use of mercury-added products.
(18) Studies conducted for the state of Maine show that mercury-free alternatives exist for a majority of the thousands of products containing mercury components. These products include thermometers, thermostats, flow meters, barometers, manometers, medical devices, and electrical switches and relays.
(19) Studies conducted for the state of Maine show that manufacturers are beginning to market mercury-free versions of all types of mercury-added button cell and other miniature batteries.
(20) Novelty products using mercury have been banned from sale in several states.
(21) Citizens of Vermont, the Vermont environment, and the agency will benefit from comprehensive mercury product legislation that further reduces mercury emissions and is consistent with model mercury product legislation developed jointly by the northeast states.
Second: In Sec. 1, 10 V.S.A. § 7102, by striking subdivision (2) and renumbering the remaining subdivisions to be numerically correct
Third: In Sec. 1, 10 V.S.A. § 7102, in newly renumbered subdivision (5), defining “Large appliance”, by striking the word “discarded”
Fourth: In Sec. 1, 10 V.S.A. § 7104(e), in the first sentence, before the word “business”, by inserting the word “any”
Fifth: In Sec. 1, 10 V.S.A. § 7105(e), by striking the following: “Instruments and measuring devices” and inserting the following: “Instruments, measuring devices, and neon signs” and in subdivision (e)(1), after the word “Vermont”, by adding the words “as a new manufactured product”
Sixth: In Sec. 1, 10 V.S.A. § 7105(f), in the sentence that begins with the word “Effective”, after the word “Vermont”, by inserting the words: “as a new manufactured product”
Seventh: In Sec. 1, 10 V.S.A. § 7105(h)(1), in the second sentence, before the words “may apply”, by inserting the following: “, who may be a user,”
Eighth: In Sec. 1, 10 V.S.A. § 7106(d), in the first sentence, by striking the words “inform the purchaser” and inserting the words: “clearly inform the purchaser or consumer”
Ninth: In Sec. 1, 10 V.S.A. § 7106(f), in the first sentence, by striking the words: “and not on the wholesaler or retailer”
Tenth: In Sec. 1, 10 V.S.A. § 7106(h), by striking subdivision (1), and inserting the following:
(1)(A) A manufacturer may apply to the agency or the multistate clearinghouse for an alternative to the requirements of subsections (a) through (f) and (i) of this section where:
(i) strict compliance with the requirements is not feasible as determined by the agency;
(ii) the proposed alternative would be at least as effective in providing presale notification of mercury content;
(iii) the proposed alternative would be at least as effective in providing instructions on proper disposal; or
(iv) federal law governs labeling in a manner that preempts state authority.
(B) The agency may approve an alternative concerning a certain product category without application by manufacturers, but the agency must consider other alternatives for the category upon application by a manufacturer for the use of an unapproved alternative.
Eleventh: In Sec. 1, 10 V.S.A. § 7106(h), by adding a subdivision (4) at the end of the subsection to read as follows:
(4) Alternatives that authorize font sizes less than 10-point type that have been approved by the agency prior to the effective date of this chapter shall remain in effect until July 1, 2015.
Twelfth: In Sec. 1, 10 V.S.A. § 7106(i), by striking subdivision (3) and inserting the following:
(3)(A)(i) Labeling of products that contain, as their only mercury-added components, one or more lamps not intended to be replaceable by the user or consumer that are used for one or more of the purposes enumerated in this subdivision shall meet all the requirements of subsections (a) through (f) of this section, except no label is required on the internal lamp, no label is required on the package, and no label is required to be visible prior to purchase. A label must be included in the care and use manual or product instructions, if any. Lamp purposes subject to this subdivision shall be:
(I) backlighting;
(II) liquid crystal display (LCD) panel;
(III) scanning images; or
(IV) copying images.
(ii) This subdivision (A) shall apply to products containing lamps used for other purposes, if those products are approved under subsection (h) of this section, except that there need not be compliance in this instance with the requirement established in subdivision (h)(1)(A)(ii), regarding the effectiveness of the proposed alternative.
(B) Labeling of products with a screen or LCD panel less than seven inches on the diagonal that contain, as their only mercury-added components, one or more lamps not intended to be replaceable by the user or consumer that are used for backlighting shall meet all the requirements of subsections (a) through (c) of this section by placing the label on the product or in the care and use manual or product instructions, if any. No label is required on the internal lamp, and no label shall be required to be visible prior to purchase.
(C) Labeling of a product that contains as its only mercury-added components a lamp or lamps at least one of which is intended to be replaceable by the user or consumer must meet the labeling requirements of subsections (a) through (f) of this section, except no label is required to be visible prior to purchase. A label must also be included in the care and use manual or product instructions, if any. If the replaceable lamp is placed within a housing intended to be replaceable by the user or consumer, the housing must also be labeled.
Thirteenth: In Sec. 1, 10 V.S.A. § 7109, by striking the last sentence and inserting the following:
No person shall bring elemental mercury onto the premises or into the buildings of schools located in Vermont, including child care facilities, preschools, kindergartens, and primary and secondary schools.
Fourteenth: In Sec. 1, 10 V.S.A. § 7110, by striking subsection (b) and inserting the following:
(b) Vermont dental offices and vocational dental education programs shall use and instruct on the use of best management practices to minimize the presence of elemental mercury, unused amalgam, and waste amalgam in their wastewater discharge and in their solid waste. The agency shall develop best management practices that are consistent with the requirements of chapters 47 and 159 of this title as they relate to mercury and amalgam. The required best management practices shall be defined by a procedure of the agency by
January 1, 2006, including reporting requirements to verify compliance with best management practices. The agency shall consult with the Vermont state dental society and other interested parties during the development of the best management practices. Dental offices shall comply with the best management practices.
Fifteenth: In Sec. 1, 10 V.S.A. § 7110(c), by striking the third sentence, and inserting the following:
A dental office must demonstrate proper installation, operation, maintenance, and amalgam waste recycling or disposal in accordance with the manufacturer’s recommendations by maintaining annual records on waste shipment and maintenance of the system and any other reporting required in subsection (b) of this section. Records of the previous three years shall be maintained at all times.
Sixteenth: In Sec. 1, 10 V.S.A. § 7110(e), in the first sentence, by striking the words: “mercury-added products” and inserting the following: “dental amalgam”
Seventeenth: In Sec. 1, 10 V.S.A. § 7110, by adding subsection (f) to read as follows:
(f) For the purposes of this section:
(1) “Dental amalgam” or “amalgam” means a mixture of mercury and silver alloy that forms a hard solid metal dental restorative material. For purposes of this section, dental amalgam or amalgam shall include mercury and silver alloy precapsulated and ready for mixing.
(2) “Dental office” means any dental clinic, dental office, or dental practice.
Eighteenth: In Sec. 1, 10 V.S.A. § 7111, by striking the fourth sentence and inserting the following: The plan will also set target mercury use reduction goals from the 2002 baseline year and will identify measures to be taken by the hospital to reduce mercury in patient care settings through reductions in use of equipment and chemicals containing mercury and through modifications in the hospital’s purchasing policies and procedures with regard to products containing mercury.
Nineteenth: In Sec. 1, 10 V.S.A. § 7113(a), after the following: “one public health specialist;” by adding the following: “one hospital representative;”
Twentieth: In Sec. 4, subsection (b), in the second sentence, by striking the word “manufactured” and by inserting the word “sold”
(Committee vote: 8-0-1)
For Action Under Rule 52
J. R. H. 32
Joint resolution designating April 18-22 as Vermont Community Development Weel.
(For text see House Journal April 13, 2005)
NOTICE CALENDAR
Favorable with Amendment
S. 52
An act relating to renewable energy portfolio standards, appliance efficiency standards, and distributed electricity.
Rep. Dostis of Waterbury, for the Committee on Natural Resources and Energy, recommends that the House propose to the Senate that the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:
* * * I. Renewable Portfolio Standards * * *
Sec. 1. 30 V.S.A. § 8001(a) is amended to read:
§ 8001. RENEWABLE ENERGY GOALS
(a) The
renewable energy programs authorized under this chapter shall be designed and
implemented to achieve the following goals:
(1) Air
and water quality shall be protected and promoted in renewable energy programs.
(2) The
continued acquisition of cost-effective end-use energy efficiency measures
shall be preserved and enhanced in renewable energy programs.
(3)
Programs shall, to the extent practicable, support development of renewable
energy and energy efficiency industries and infrastructure in Vermont, while still sustaining
existing renewable energy infrastructure.
(4)
Programs shall, to the extent practicable, be designed and implemented in a
manner that balances program benefits and costs, and rates.
The general assembly finds it in the interest of the people of the state to promote the state energy policy established in section 202a of this title by:
(1) Balancing the benefits, lifetime costs, and rates of the state’s overall energy portfolio to ensure that to the greatest extent possible the economic benefits of renewable energy in the state flow to the Vermont economy in general, and to the rate paying citizens of the state in particular.
(2) Supporting development of renewable energy and related energy industries in Vermont, in particular, while retaining and supporting existing renewable energy infrastructure.
(3) Providing an incentive for the state’s retail electricity providers to enter into affordable, long-term, stably priced contracts that mitigate market price fluctuation for Vermonters.
(4) Developing viable markets for renewable energy and energy efficiency projects.
(5) Protecting and promoting air and water quality by means of renewable energy programs.
(6) Contributing to reductions in global climate change and anticipating the impacts on the state’s economy that might be caused by federal regulation designed to attain those reductions.
Sec. 2. 30 V.S.A. § 8002 is amended to read:
§ 8002. DEFINITIONS
For purposes of this chapter:
(1)(A) “Renewable pricing” shall mean an optional service provided or contracted for by an electric company:
(i) under which the company’s customers may voluntarily either:
(I) purchase all or part of their electric energy from renewable sources as defined in this chapter; or
(II) cause the purchase and retirement of tradeable renewable energy credits on the participating customer’s behalf; and
(ii) which increases the company’s reliance on renewable sources of energy beyond those the electric company would otherwise be required to provide under section 218c of this title.
(B) Renewable pricing programs may include, but are not limited to:
(i) contribution-based programs in which participating customers can determine the amount of a contribution, monthly or otherwise, that will be deposited in a board-approved fund for new renewable energy project development;
(ii) energy-based programs in which customers may choose all or a discrete portion of their electric energy use to be supplied from renewable resources;
(iii) facility-based programs in which customers may subscribe to a share of the capacity or energy from specific new renewable energy resources.
(2) “Renewable energy” means energy produced using a technology that relies on a resource that is being consumed at a harvest rate at or below its natural regeneration rate.
(A) For purposes of this subdivision (2), methane gas and other flammable gases produced by the decay of sewage treatment plant wastes or landfill wastes and anaerobic digestion of agricultural products, byproducts, or wastes shall be considered renewable energy resources, but no form of solid waste, other than agricultural or silvicultural waste, shall be considered renewable.
(B) For purposes of this subdivision (2), no form of nuclear fuel shall be considered renewable.
(C) For
purposes of this chapter, the only energy produced by a hydroelectric facility
to be considered renewable shall be from a hydroelectric facility with a
generating capacity of 80 200 megawatts or less.
(D) After conducting administrative proceedings, the board may add technologies or technology categories to the definition of “renewable energy,” provided that technologies using the following fuels shall not be considered renewable energy supplies: coal, oil, propane, and natural gas.
(3) “Existing renewable energy” means all types of renewable energy sold from the supply portfolio of a Vermont retail electricity provider that is not considered to be from a new renewable energy source.
(4) “New renewable energy” means renewable energy produced by a generating resource coming into service after December 31, 2004. This may include the additional energy from an existing renewable facility retrofitted with advanced technologies or otherwise modified or expanded to increase the kwh output of the facility. If the production of new renewable energy through retrofitting involves combustion of the resource, the system must result in a significantly higher level of energy conversion efficiency or significantly reduced emissions. For the purposes of this chapter, renewable energy refers to either “existing renewable energy” or “new renewable energy.”
(5) “Qualifying SPEED resources” means contracts for in-state resources in the SPEED program established under section 8005 of this title that meet the definition of new renewable energy under this section, whether or not renewable energy credits are attached.
(6) “Nonqualifying SPEED resources” means contracts for in-state resources in the SPEED program established under section 8005 of this title that are combined heat and power facilities that are not fueled by renewable energy resources and that have a total system efficiency of 65 percent, or more.
(7) “Energy conversion efficiency” means the effective use of energy and heat from a combustion process.
(8) “Tradeable renewable energy credits” means all of the environmental attributes associated with a single unit of energy generated by a renewable energy source where:
* * *
Sec. 3. 30 V.S.A. § 8004 is amended to read:
§ 8004. RENEWABLE PORTFOLIO STANDARDS FOR SALES OF
ELECTRIC ENERGY
(a) The
public service board shall design a proposed renewable portfolio standard in
the form of draft legislation. The standard shall be developed with the aid of
a renewable portfolio standard collaborative. The renewable portfolio standard
collaborative, composed of representatives from the electric utilities,
industry, renewable energy industry, ratepayers, environmental and consumer
groups, the department of public service, and other stakeholders identified by
the board, shall aid in the development of a renewable portfolio standard for
renewable energy resources, as well as requirements for implementation of and
compliance with that standard. The proposed renewable portfolio standard shall
be applicable to all providers of electricity to retail consumers in this
state. The proposed renewable portfolio standard developed by the board will
be presented to the house committee on commerce, the house and senate
committees on natural resources and energy, and the senate committee on finance
in the form of draft legislation for consideration in January 2004.
(b) In
developing the renewable portfolio standard, the board shall consider the
following goals, which shall be afforded equal weight in formulating the
standard:
(1)
increase the use of renewable energy in Vermont in order to capture the
benefits of renewable energy generation for Vermont ratepayers and
citizens.
(2) maintain or reduce the rates of electricity being paid by Vermont
ratepayers and lessen the price risk and volatility for future ratepayers.
(a) Except as otherwise provided in section 8005 of this title, in order for Vermont retail electricity providers to achieve the goals established in section 8001 of this title, no retail electricity provider shall sell or otherwise provide or offer to sell or provide electricity in the state of Vermont without ownership of sufficient energy produced by renewable resources as described in this chapter, or sufficient tradeable renewable energy credits that reflect the required renewable energy as provided for in subsection (b) of this section. In the case of consenting members of the Vermont Public Power Supply Authority, the requirements of subsection (b) of this section may be met in the aggregate through all requirements contracts pursuant to section 4002a of this title, or in the aggregate otherwise as approved by the board.
(b) Each retail electricity provider in Vermont shall provide a certain amount of new renewable resources in its portfolio. By January 1, 2013, each retail electricity provider in Vermont shall supply an amount of energy equal to its total incremental energy growth between January 1, 2005 and January 1, 2013 through the use of electricity generated by new renewable resources. The retail electricity provider may meet this requirement through eligible new renewable energy credits, new renewable energy resources with renewable energy credits still attached, or a combination of those credits and resources. No retail electricity provider shall be required to provide in excess of a total of 10 percent of its calendar year 2005 retail electric sales with electricity generated by new renewable resources.
(c) The requirements of subsection (b) of this section shall apply to all retail electricity providers in this state, unless the retail electricity provider demonstrates and the public service board determines that compliance with the standard would impair the provider's ability to meet the public’s need for energy services after safety concerns are addressed, at the lowest present value life cycle cost, including environmental and economic costs.
(d) The public service board shall provide, by order or rule, the regulations and procedures that are necessary to allow the public service board and the department of public service to implement and supervise further the implementation and maintenance of a renewable portfolio standard.
(e) In lieu of, or in addition to purchasing tradeable renewable energy credits to satisfy the portfolio requirements of this section, a retail electricity provider in this state may pay to a renewable energy fund established by the public service board an amount per kilowatt hour as established by the board. As an alternative, the board may require any proportion of this amount to be paid to the energy conservation fund established under subsection 209(d) of this title.
(f) Before December 30, 2009, the public service board shall file a report with the Senate Committees on Finance and on Natural Resources and Energy and the House Committees on Commerce and on Natural Resources and Energy. The report shall include the following:
(1) the total cumulative load growth in Vermont from 2005 through 2008;
(2) a report on the market for tradeable renewable energy credits, including the prices at which credits are being sold;
(3) a report on the SPEED program, and any projects using the program;
(4) a summary of other contracts held or projects developed by Vermont retail electricity providers that are likely to be eligible under the provisions of subsection 8005 (d) of this title;
(5) an estimate of potential rate effects if the target established in subsection 8005(d) of this section is met, and if it is not met;
(6) an assessment of the supply portfolios of Vermont retail electricity providers, and the resources available to meet new supply requirements likely to be triggered by the expiration of major power supply contracts;
(7) an assessment of the energy efficiency and renewable energy markets and recommendations to the legislature regarding strategies that may be necessary to encourage the use of these resources to help meet upcoming supply requirements; and
(8) any recommendations for statutory change related to this section, including recommendations for rewarding utilities that make substantial investments in SPEED resources.
Sec. 4. 30 V.S.A. §§ 8005 and 8006 are added to read:
§ 8005. SUSTAINABLY PRICED ENERGY ENTERPRISE
DEVELOPMENT (SPEED) PROGRAM
(a) In order to achieve the goals of section 8001 of this title, there is created the Sustainably Priced Energy Enterprise Development (SPEED) program. The SPEED program shall have two categories of projects: qualifying SPEED resources and nonqualifying SPEED resources.
(b) The SPEED program shall be established, after notice and hearing, by the public service board by January 1, 2007. As part of the SPEED program, the public service board may:
(1) name one or more entities to become engaged in the purchase and resale of electricity generated within the state by means of qualifying SPEED resources or nonqualifying SPEED resources;
(2) allow the developer of a facility that is one megawatt or less, and is a qualifying SPEED resource or a nonqualifying SPEED resource, to sell that power under a long term contract that is established at a specified margin below the hourly spot market price;
(3) encourage Vermont’s retail electricity providers to secure long term contracts for renewable energy that are anticipated to be competitive with the market price, over the lives of the projects. The board may create a competitive bid process through which to select a portion of those contracts;
(4) maximize the benefit to rate payers from the sale of renewable energy credits or other credits that may be developed in the future;
(5) encourage retail electricity provider sponsorship and partnerships in the development of renewable energy projects;
(6) make available to Vermont retail electricity providers for purchase, and no sooner than January 1, 2009, may require retail electricity providers to purchase on a pro rata basis a specified portion of the power generated under subdivisions (2) and (3) of this subsection;
(7) establish a way to gain ownership, for the benefit of Vermont retail electricity providers, of the renewable energy credits associated with any SPEED projects, in the event that a renewable portfolio standard is in effect under the provisions of section 8004 of this title;
(8) create a mechanism by which a retail electricity provider may establish that it has a sufficient amount of renewable energy, or resources that would otherwise qualify under the provisions of subsection (d) of this section, in its portfolio so that equity requires that the retail electricity provider be relieved, in whole or in part, from requirements established under subdivision (6) of this subsection that would require a retail electricity provider to purchase SPEED power;
(9) provide that in any proceeding under subdivision 248(a)(2)(A) of this title, a demonstration of compliance with subdivision 248(b)(2) of this title, relating to establishing need for the facility, shall not be required if the facility is a SPEED resource and if no part of the facility is financed directly or indirectly through investments, other than power contracts, backed by Vermont electricity ratepayers; and
(10) take such other measures as the board finds necessary or appropriate to implement SPEED.
(c) Developers of qualifying and nonqualifying SPEED resources shall be entitled to classification as an eligible facility under 10 V.S.A. chapter 12, relating to the Vermont Economic Development Authority.
(d)(1) The public service board shall meet on or before July 1, 2012, open a proceeding, and issue findings determining the amount of qualifying SPEED resources that have come into service or are projected to come into service during the period of time between January 1, 2005 and January 1, 2013. If the board finds that the amount of qualifying SPEED resources coming into service during that time exceeds total statewide growth in demand during that time, or if it finds that the amount of qualifying SPEED resources exceeds 10 percent of total statewide load for calendar year 2005, the portfolio standards established under this chapter shall not be in force. If the board fails to make such a finding by November 1, 2012, the portfolio standards established under subsection 8004(b) of this title shall take effect.
(2) For the purposes of the determination to be made under this subsection, electricity produced at all facilities owned by or under long-term contract to Vermont retail electricity providers, whether it is generated inside or outside Vermont, that is new renewable energy shall be counted in the calculations under subdivision (d)(1) of this section.
(e) By no later than September 1, 2006, the public service board shall provide, by order or rule, the regulations and procedures that are necessary to allow the public service board and the department of public service to implement, and to supervise further the implementation and maintenance of the SPEED program.
§ 8006. TRADEABLE CREDITS
(a) The public service board shall establish or adopt a system of tradeable renewable energy credits for renewable resources that may be earned by electric generation qualifying for the renewables portfolio standard. The system shall be designed to be consistent with regional practices.
(b) The public service board shall ensure that all electricity provider and provider-affiliate disclosures and representations made with regard to a provider’s portfolio are accurate and reasonably supported by objective data. Further, the public service board shall ensure that providers disclose the types of generation used and whether the energy is Vermont‑based, and shall clearly distinguish between energy or tradeable energy credits provided from renewable and nonrenewable sources and existing and new sources.
Sec. 5. 10 V.S.A. § 212(6) is amended to read:
(6) “Eligible facility” or “eligible project” means any industrial, commercial, or agricultural enterprise or endeavor approved by the authority that meets the criteria established in the Vermont sustainable jobs strategy adopted by the governor under section 280b of this title, including land and rights in land, air, or water, buildings, structures, machinery, and equipment of such eligible facilities or eligible projects, except that an eligible facility or project shall not include the portion of an enterprise or endeavor relating to the sale of goods at retail where such goods are manufactured primarily out of state, and except further that an eligible facility or project shall not include the portion of an enterprise or endeavor relating to housing. Such enterprises or endeavors may include:
* * *
(L) a
captive or commercial insurance underwriter, a mortgage, commercial, or
consumer credit provider, or an entity engaged in underwriting or brokering
services; or
(M) qualifying Sustainably Priced Energy Enterprise Development (SPEED) resources or nonqualifying SPEED resources, as defined in 30 V.S.A. § 8002; or
(N) any combination of the foregoing activities, uses, or purposes. An eligible facility may include structures, appurtenances incidental to the foregoing such as utility lines, storage accommodations, offices, dependent care facilities, or transportation facilities.
* * * II. Distributed Generation and Energy Efficiency * * *
* * * Combined heat and power and efficiency utility cap * * *
Sec. 6. 30 V.S.A. § 209(d) is amended to read:
(d)(1) The public service department, any entity appointed by the board under subdivision (2) of this subsection, all gas and electric utility companies, and the board upon its own motion, are encouraged to propose, develop, solicit, and monitor energy efficiency and conservation programs and measures, including appropriate combined heat and power systems that result in the conservation and efficient use of energy and meet the applicable agency of natural resources’ air quality standards. Such programs and measures, and their implementation, may be approved by the board if it determines they will be beneficial to the ratepayers of the companies after such notice and hearings as the board may require by order or by rule.
(2) In place of utility-specific programs developed pursuant to section 218c of this title, the board may, after notice and opportunity for hearing, provide for the development, implementation, and monitoring of gas and electric energy efficiency and conservation programs and measures including programs and measures delivered in multiple service territories, by one or more entities appointed by the board for these purposes. The board may include appropriate combined heat and power systems that result in the conservation and efficient use of energy and meet the applicable agency of natural resources’ air quality standards. The board may specify that the implementation of these programs and measures satisfies a utility’s corresponding obligations, in whole or in part, under section 218c of this title and under any prior orders of the board.
* * *
(4) The
charge established by the board pursuant to subdivision (3) of this subsection
shall not exceed the amount needed to provide $17,500,000.00 to support all
energy efficiency programs for Vermonters authorized by the board by rule or
order pursuant to subdivision (2) of this subsection in any fiscal year. No
more than $17,500,000.00 of financial support for energy efficiency programs
for Vermonters shall be authorized by the board by rule or order pursuant to
subdivision (2) of this subsection in any fiscal year be in an amount
determined by the board by rule or order that is consistent with the principles
of least cost integrated planning as defined in section 218c of this title. In
setting the amount of the charge and its allocation, the board shall determine
an appropriate balance among the following objectives: providing efficiency and
conservation as a part of a comprehensive resource supply strategy; providing
the opportunity for all Vermonters to participate in efficiency and conservation
programs; and the value of targeting efficiency and conservation efforts to
locations, markets or customers where they may provide the greatest value. The board,
by rule or order, shall establish a process by which a customer may apply to
the board for an exemption from some or all of the charges assessed under this
subdivision. The board shall establish criteria by which these applications
shall be measured. Any such exemption shall extend for a period of time not to
exceed one year. In addition, the board may authorize exemptions only if, at a
minimum, a customer demonstrates that, during the preceding year, it
implemented an extraordinary amount of cost‑effective energy efficiency
at the customer's own expense or incurred extraordinary costs on those measures
and the customer did and will not receive reimbursement for those measures from
the entity designated by the board under this section.
Sec. 7. STANDARDS FOR INTERCONNECTION OF DISTRIBUTED
GENERATION
On or before September 1, 2006, the public service board shall establish by rule or order standard provisions, including applicable fees that are required to cover the total cost of interconnection to be paid by the qualified distributed generator, for agreements providing for interconnection between the facilities of a retail electricity provider under the jurisdiction of the board and the facilities of a qualified distributed generator. The applicable safety, power quality, and interconnection requirement rules adopted by the board pursuant to section 219a of Title 30 shall be utilized in addition to any other requirements necessary to protect public safety and system reliability. The board may provide that such interconnection agreements may be conditioned in instances where interconnection would cause electric instability on the facilities of the local distribution grid. For the purposes of this section, “qualified distributed generator” means an electrical generator that has a capacity of less than 50 megawatts or a lower megawatt capacity established by the board in order to avoid federal preemption, and that is either:
(1) a renewable generator as defined in section 8002 of Title 30; or
(2) a generator that is part of a combined heat and power application providing an overall energy conversion efficiency of 65 percent or greater.
* * * III. Transmission and Distribution * * *
* * * Regulatory policy * * *
Sec. 8. ADVOCACY FOR REGIONAL ELECTRICITY RELIABILITY POLICY
It shall be the policy of the state of Vermont, in negotiations and
policy-making at the New England Independent System Operator, in proceedings before the Federal Energy Regulatory Commission, and in all other relevant venues, to support an efficient reliability policy, as follows:
(1) When cost recovery is sought through regionwide regulated rates or uplift tariffs for power system reliability improvements, all available resources – transmission, strategic generation, targeted energy efficiency, and demand response resources – should be treated comparably in analysis, planning, and access to funding.
(2) A principal criterion for approving and selecting a solution should be whether it is the least-cost solution to a system need on a total cost basis.
(3) Ratepayers should not be required to pay for system upgrades in other states that do not meet these least-cost and resource-neutral standards.
(4) For reliability-related projects in Vermont, subject to the review of the public service board, regional financial support should be sought and made available for transmission and for distributed resource alternatives to transmission on a resource-neutral basis.
(5) The public service department, public service board, and attorney general shall advocate for these policies in negotiations and appropriate proceedings before the New England Independent System Operator, the New England Regional Transmission Operator, the Federal Energy Regulatory Commission, and all other appropriate regional and national forums. This subdivision shall not be construed to compel litigation or to preclude settlements that represent a reasonable advance to these policies.
(6) In addressing reliability problems for the state’s electric system, Vermont retail electricity providers and transmission companies shall advocate for regional cost support for the least cost solution with equal consideration and treatment of all available resources, including transmission, strategic distributed generation, targeted energy efficiency, and demand response resources on a total cost basis. This subdivision shall not be construed to compel litigation or to preclude settlements that represent a reasonable advance to these policies.
* * * Transmission and Distribution Planning * * *
Sec. 9. 30 V.S.A. § 218c is amended to read:
§ 218c. LEAST COST INTEGRATED PLANNING
* * *
(d)(1) Least cost transmission services shall be provided in accordance with this subsection. Not later than July 1, 2006, any utility that owns or operates (or any combination of utilities that, together, own or operate) electric transmission facilities serving the state of Vermont, in conjunction with any other utilities that own or operate these facilities, jointly shall prepare and file with the department of public service and the public service board a transmission system plan that looks forward for a period of at least ten years. A copy of the plan shall be filed with each of the following: the House Committees on Commerce and on Natural Resources and Energy and the Senate Committees on Finance and on Natural Resources and Energy. The objective of the plan shall be to identify the potential need for transmission system improvements as early as possible, in order to allow sufficient time to plan and implement more cost‑effective non‑transmission alternatives to meet reliability needs, wherever feasible. The plan shall:
(A) identify existing and potential transmission system reliability deficiencies by location within Vermont,
(B) estimate the date, and identify the local or regional load levels and other likely system conditions at which these reliability deficiencies, in the absence of further action, would likely occur,
(C) describe the likely manner of resolving the identified deficiencies through transmission system improvements,
(D) estimate the likely costs of these improvements,
(E) identify potential obstacles to the realization of these improvements, and
(F) identify the demand or supply parameters that generation, demand response, energy efficiency or other non‑transmission strategies would need to address to resolve the reliability deficiencies identified.
(2) Prior to the adoption of the first transmission system plan, a utility preparing a plan shall host at least two public meetings at which it shall present a draft of the plan. The meetings shall be at separate locations within the state, in proximity to the transmission facilities involved or as otherwise required by the board, and each shall be noticed by at least two advertisements, each occurring between one and three weeks prior to the meetings, in newspapers having general circulation within the state and within the municipalities in which the meetings are to be held. Copies of the notices shall be provided to the public service board, the department of public service, any entity appointed by the public service board pursuant to section 209(d)(2) of this title, the agency of natural resources, the division for historic preservation, the department of health, the scenery preservation council, the agency of transportation, the attorney general, the chair of each regional planning commission, each retail electricity provider within the state, and any public interest group that requests, or has made a standing request for, a copy of the notice. A verbatim transcript of the meetings shall be prepared by the utility preparing the plan, shall be filed with the public service board and the department of public service, and shall be provided at cost to any person requesting it. The plan shall contain a discussion of the principal contentions made at the meetings by members of the public, by any state agency and by any utility.
(3) Prior to the issuance of the transmission plan, or any revision of the plan, the utility preparing the plan shall offer to meet with each retail electricity provider within the state, with any entity appointed by the public service board pursuant to section 209(d)(2) of this title, and with the department of public service, for the purpose of exchanging information that may be relevant to the development of the plan.
(4)(A) A transmission system plan shall be revised:
(i) within nine months of a request to do so made by either the public service board or the department of public service, and
(ii) in any case, at intervals of not more than three years.
(B) If more than 18 months shall have elapsed between the adoption of any version of the plan and the next revision of the plan, or since the last public hearing on a revision of the plan, the utility preparing the plan, prior to issuing the next revision, shall host public meetings as provided in subdivision (2) of this subsection, and the revision shall contain a discussion of the principal contentions made at the meetings by members of the public, by any state agency, and by any retail electricity provider.
(5) On the basis of information contained in a transmission system plan, obtained through meetings held pursuant to subdivision (2) of this subsection, or obtained otherwise, the public service board and the department of public service shall use their powers under this title to encourage and facilitate the resolution of reliability deficiencies through non‑transmission alternatives, where those alternatives would better serve the public good. The public service board, upon such notice and hearings as are otherwise required under this title, and under the authority conveyed by sections 209, 210 and 2801, may enter such orders as it deems necessary to encourage, facilitate or require the resolution of reliability deficiencies in a manner that it determines will best promote the public good.
(6) The retail electricity providers in affected areas shall incorporate the most recently filed transmission plan in their individual least cost integrated planning processes, and shall cooperate as necessary to develop and implement joint least cost solutions to address the reliability deficiencies identified in the transmission plan.
Sec. 10. INVESTIGATION OF REGIONAL POTENTIAL OF ENERGY CONSERVATION AND EFFICIENCY PROGRAMS
(a) On or before January 1, 2006, the department of public service shall investigate the following issues and report to the House Committees on Natural Resources and Energy and on Commerce, and to the Senate Committees on Finance, and on Natural Resources and Energy:
(1) The extent to which an aggressive region-wide implementation of energy efficiency and renewable energy programs affect the price of spot market power in the New England ISO through the effect of such programs on bid prices, where the clearing price of the electric market is reduced due to reduced electric demand. The extent to which these measures could affect the total cost of power for Vermont and New England. The extent to which it is possible to use these programs to mitigate risk associated with fossil fuel price variability.
(2) The potential for such an aggressive regional approach to be integrated with and complement distribution and transmission least cost planning, as well as regional efforts to reduce greenhouse gas emissions and other air pollution.
(3) The obstacles and opportunities for development of an effective system of Energy Efficiency Credits analogous to the tradeable Renewable Energy Credits for which there is now a regional market.
(4) A comparison of the policy options facing Vermont if there is a trading system for carbon emission allowances for electric power in New England.
(5) The options being considered by Vermont’s retail electricity providers and transmission companies for meeting Vermont’s electric supply requirements in light of the expiration of long term supply contracts.
(b) The analysis and report required in this section may be included in other studies and efforts by the department, including revisions to the Twenty Year Electric Plan, a new Comprehensive Energy Plan, studies on the extent of cost-effective energy efficiency potential in Vermont, or the Biennial Report to the Legislature.
* * * IV. Regulatory Policy: performance based ratemaking * * *
* * * Performance based ratemaking * * *
Sec. 11. 30 V.S.A. § 218d(a) is amended to read:
(a)
Notwithstanding section 218 and sections 225-227 of this title, upon
petition of an electric or natural gas company, the public service board
may, after opportunity for hearing, approve alternative forms of regulation for
an electric or natural gas company; provided, however, in the case of a municipal
plant or department formed under local charter or chapter 79 of this title or
an electric cooperative formed under chapter 81 of this title, any alternative
forms of regulation approved by the board shall also be approved by a majority
of the voters of a municipality or cooperative voting upon the question at a
duly warned annual or special meeting held for that purpose. Before doing so,
the board shall find that the proposed form of alternative regulation will:
(1) establish a system of regulation in which such companies have clear incentives to provide least-cost energy service to their customers;
(2) provide just and reasonable rates for service to all classes of customers;
(3) deliver safe and reliable service;
(4) offer
incentives for innovations and improved performance that advance state energy
policy such as increased increasing reliance on Vermont-based
renewable energy and decreasing the extent to which the financial success of
distribution utilities between rate cases is linked to increased sales to end
use customers and may be threatened by decreases in those sales;
(5) promote improved quality of service, reliability, and service choices;
(6) encourage innovation in the provision of service;
(7) establish a reasonably balanced system of risks and rewards that encourages the company to operate as efficiently as possible using sound management practices; and
(8) provide a reasonable opportunity, under sound and economical management, to earn a fair rate of return, provided such opportunity must be consistent with flexible design of alternative regulation and with the inclusion of effective financial incentives in such alternatives.
* * * V. Efficiency Standards * * *
* * * Commercial Building Energy Standards * * *
Sec. 12. COMMERCIAL BUILDING ENERGY STANDARDS
(a) The department of public service is directed to develop a proposal for state-wide commercial building energy standards(CBES), after consulting with the following:
(1) Efficiency Vermont;
(2) Burlington Electric Department;
(3) Vermont Gas Systems;
(4) the commercial building design community;
(5) the commercial building development and construction community; and
(6) other interested persons.
(b) No later than January 31, 2006, the commissioner of public service shall recommend to the legislature guidelines for the content of a statewide commercial building energy standard. The standard will recommend energy efficiency standards for commercial building systems including:
(1) Lighting;
(2) Heating, ventilation, and air conditioning (HVAC) equipment;
(3) Building envelope (wall, roof and floor insulation, windows, doors, cellar);
(4) Motors;
(5) Transformers;
(6) Controls;
(7) Water usage and hot water.
(c) These guidelines shall be consistent with the requirements of federal law that all states have a statewide commercial energy code that meets or exceeds the efficiency level of ASHRAE 90.1-2001.
(d) The commissioner will work closely with the International Code Council (ICC) and the New Buildings Institute (NBI), as well as other code support agencies, to develop the code in a way that is appropriate for the state.
Sec. 13. REPORT ON ALTERNATIVE FORMS OF REGULATION
By no later than January 15, 2007, the public service board shall report to the general assembly on the implementation of 30 V.S.A. § 218d(a), relating to alternative forms of regulation. The report shall be filed with the House Committees on Commerce and on Natural Resources and Energy and the Senate Committees on Finance and on Natural Resources and Energy. It shall include an explanation of the results of any alternative form of regulation approved by the board, and if no such form has been approved, an explanation of why no such form has been approved.
(Committee vote: 9-1-1)
S. 81
An act relating to school buses.
Rep. Endres of Milton, for the Committee on Education, recommends that the House propose to the Senate that the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. 23 V.S.A. § 4(34) is amended to read:
(34)(A) “School bus” means
any motor vehicle with a manufacturer’s rated seating capacity of 11 or more
passengers, including the operator, used to transport children to or from
school or in connection with school activities, except:
(i) buses operated by common carriers who incidentally accept school children as passengers;
(ii) private motor vehicles used to carry members of the owner’s household. For the purposes of this section, private motor vehicle means a vehicle neither owned nor leased by a public school or an approved independent school;
(iii) private motor vehicles used to transport children without compensation. For the purposes of this section, compensation means payment in any form except reimbursement for mileage or the normal salary paid to a person otherwise employed by the school;
(iv) motor vehicles with a manufacturer’s rated seating capacity of fewer than 11 persons, including the operator, which are owned, leased, or hired by a school, or for which services are reimbursed by a school. However, if used to transport students, these shall be considered a Type II school bus for purposes of licensure, shall display an identification sign as prescribed in subdivision 1283(a)(1) of this title, and shall be equipped with a simple system of at least two red alternating warning lights;
(v) motor coaches provided with a driver to a school on a single-trip or multi-trip contract basis to provide transportation to or from, or to and from, athletic or other special events. A motor coach is a vehicle at least 35 feet in length which carries more than 30 passengers and is designed for long distance transportation of passengers, characterized by integral construction with an elevated passenger deck located over a baggage compartment. Pursuant to 16 V.S.A. § 255, a superintendent or headmaster shall request criminal record information for a driver of a motor coach if the driver may be in unsupervised contact with schoolchildren;
(vi) multifunction school activity buses, as defined in section 1287 of this title, provided with a driver to a school on a single-trip or multi-trip contract basis to provide transportation to or from, or to and from, athletic or other special events. Pursuant to 16 V.S.A. § 255, a superintendent or headmaster shall request criminal record information for a driver of a motor coach if the driver may be in unsupervised contact with schoolchildren;
(vii) other multifunction school activity buses as defined in section 1287 of this title.
(B) “Type I school bus”
means a school bus designed to transport with a manufacturer’s rated
seating capacity of more than 15 passengers, including the operator.
(C) “Type II school bus”
means a school bus designed to transport with a manufacturer’s rated
seating capacity of more than 10 and less than 16 passengers, including the
operator.
(D) A private motor vehicle
designed to transport more than 10 and fewer than 16 passengers,
including the operator, for compensation, including
vehicles leased or otherwise provided to a school on a single trip basis to
provide transportation to or from an athletic event or special field trip or
provided to the school for 10 days or fewer, shall be subject to all Type I
school bus safety and equipment standards, except:
(i) The requirements of
subdivisions (a)(2) and (3) of section 1283 of this title;
(ii) The aisle or door
requirement of subdivision (8)(A) of section 1281 of this title; and
(iii) The rear door
requirement of subdivision (1) of section 1281 of this title. If no rear door
is present, there shall be one additional door, operable from inside the
vehicle, located to the rear of the operator.
(E) A private motor vehicle designed to
transport fewer than 11 persons, including the operator, for compensation shall
be considered a Type II school bus and need only display an identification sign
as prescribed in section 1283(a)(1) of this title, and be equipped with a
simple system of at least two red alternating warning lights;.
(F) A school bus, other
than a Type I school bus owned or leased by a school and not being used on a
fixed route to transport students to and from home and school, may be a color
other than national school bus yellow; however, it must meet the other
identification and equipment requirements specified in section 1283 of this
title.
Sec. 2. 23 V.S.A. § 1287 is added to read:
§ 1287. MULTIFUNCTION SCHOOL ACTIVITY BUS
(a) A “multifunction school activity bus” is a vehicle which is used to transport students on trips other than on a fixed route between home and school, and which meets the construction and safety standards for a “multifunction school activity bus” adopted by rule by the National Highway Traffic Safety Administration.
(b) If a school owns a multifunction school activity bus or leases one other than as provided in subdivision 4(34)(A)(vi) of this title, the driver shall be required to hold a license which includes a school bus driver’s endorsement. The endorsement shall be a Type I or Type II endorsement as appropriate to the size of the vehicle.
(c) A multifunction school activity bus may be a color other than national school bus yellow.
Sec. 3. TRANSITIONAL PROVISIONS
(a) This section refers to a motor vehicle, other than a multifunction school activity bus, which is designed to transport more than 10 and fewer than 16 passengers, including the operator, and which is provided to a school for compensation on a single‑trip basis to transport students to or from an athletic event or special field trip or provided to the school for 10 days or fewer. These vehicles shall be subject to all Type I school bus safety and equipment standards, except:
(1) The requirements of subdivisions 1283(a)(2) and (3) of Title 23;
(2) The aisle or door requirement of subdivision 1281(8)(A) of Title 23; and
(3) The rear door requirement of subdivision 1281(1) of Title 23. If no rear door is present, there shall be one additional door, operable from inside the vehicle located to the rear of the operator.
(b) This section is repealed on July 1, 2007.
(Committee vote: 11-0-0)
Favorable
H. 261
An act relating to Vermont State Council Service Officer Program.
Rep. Valliere of Barre City, for the Committee on General, Housing and Military Affairs, recommends the bill ought to pass.
( Committee Vote: 8-0-0)
CONSENT CALENDAR
Concurrent Resolutions for Notice Under Joint Rule 16
The following concurrent resolutions have been introduced for approval by the House and Senate and have been printed in the Senate and House Addendum to today’s calendars. These will be adopted automatically unless a member requests floor consideration before the end of the session of the next legislative day. Requests for floor consideration should be communicated to the Clerk of the House or to a member of his staff.
(For text of Resolutions, see Addendum to House and Senate Notice Calendar for Thursday, April 14, 2005)
H.C.R. 95
House concurrent resolution congratulating the 2005 Harwood Union High School Highlanders Division II championship boys’ ice hockey team
H.C.R. 96
House concurrent resolution congratulating the Vermont New England Square and Round Dance Committee
H.C.R. 97
House concurrent resolution congratulating state wrestling champion Robert Hamlin
H.C.R. 98
House concurrent resolution congratulating the junior firefighters of the Tinmouth volunteer fire department
H.C.R. 99
House concurrent resolution congratulating the 2005 Essex High Hornets’ Division I championship and nationally acclaimed cheerleading team
S.C.R. 28
Senate concurrent resolution congratulating Waitsfield and Champlain Valley Telecom on the occasion of the company’s centennial anniversary
PUBLIC HEARINGS
Thursday, April 14, 2005 – Brattleboro Union H. S. Gym – Fairground Road, Brattleboro VT – 6:00 PM – House and Senate Natural Resources and Energy Committees: Dry Cask Storage at Vermont Yankee
Remember to support your VT National Guard Charitable Foundation, Inc.
Join the Adjournment Pool!!