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Journal of the House

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FRIDAY, APRIL 22, 2005

At nine o'clock and thirty minutes in the forenoon the Speaker called the House to order.

Devotional Exercises

Devotional exercises were conducted William Wick, Chaplain of Norwich University, Northfield.

Committee Bill Introduced

H. 528

Rep. Sweaney of Windsor, for the committee on Government Operations, introduced a bill, entitled

An act relating to adjustments to the municipal employees’ retirement system of Vermont;

Which was read the first time and, under the rule, placed on the Calendar for notice tomorrow.

Joint Resolution Referred to Committee

J.R.H. 35

Reps. Parent of St. Albans City, Hube of Londonderry, Allard of St. Albans Town, Brennan of Colchester, LaVoie of Swanton and Winters of Swanton offered a joint resolution, entitled

Joint resolution requesting the agency of natural resources’ wastewater division to investigate the sewage pipe leaks in Burlington

Whereas, on Monday, April 4, 2005, a 50-year‑old underwater cast-iron sewer pipe, which serves much of Burlington’s New North End, sprung the first of two leaks that a week later had resulted in the dumping of millions of gallons of untreated waste into the Winooski River which flows into Lake Champlain, and

Whereas, Burlington city officials discovered the first leak two days following its occurrence when the flow to the treatment plant dropped off, and

Whereas, finally, five days later, trained divers had patched this first leak, but a second leak emerged the next day, Sunday, and

Whereas, although many methods to bypass temporarily these leaks exist, none were ever put in place, and

Whereas, the reason given for not installing a bypass was that the high water would dilute the contaminant, and

Whereas, on Tuesday, April 12, divers attempted a second try at patching the original leak before resuming work on the second leak, and

Whereas, while scientists at the University of Vermont foresaw no danger to the city of Burlington’s drinking water, which is drawn from the lake at a point several miles south of the river’s mouth and then treated, the spill does mean more phosphorous, the primary pollutant of concern to those who monitor the lake’s health, pouring into the lake, and

Whereas, once the waste flows into the lake its natural flow is northward toward St. Albans Bay and ultimately the already phosphorous‑scarred Missisquoi Bay, and

Whereas, this leak took place just as the governor’s clean and clear program to improve the water quality of the lake is being implemented, and

Whereas, the city has not been responsive to the leaks by taking immediate and aggressive action upon learning of their existence, and the underlying causes require further examination, and

Whereas, a thorough state investigation of these spills that determines whether any civil penalties are warranted and ways to avoid a similar recurrence in the city of Burlington are in order, and

Whereas, although any immediate danger to the city’s population has been avoided, the condition of the sewer line starkly raises the necessity of assuring that every measure to prevent a recurrence of these leaks is taken, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly requests the agency of natural resources’ wastewater division to investigate thoroughly the causes of this leak to determine if any state financial penalties are warranted and what preventive measures are required to minimize the likelihood of a similar sewage pipe leak of this magnitude occurring again in the city of Burlington, and be it further

Resolved: That the secretary of natural resources submit a report of the division’s findings as to the causes of the leak and recommendations for future preventive measures to the House Committee on Fish, Wildlife, and Water Resources and to the Senate Committee on Natural Resources and Energy on or before November 1, 2005, and be it further

Resolved: That the secretary of state be directed to send a copy of this resolution to Tom Torti, secretary of Natural Resources.

Which was read and, in the Speaker’s discretion, treated as a bill and referred to the committee on Fish, Wildlife and Water Resources.

Joint Resolution Adopted in Concurrence

J.R.S. 28

Joint resolution, entitled

Joint resolution relating to weekend adjournment;

By Senator Welch,

Resolved by the Senate and House of Representatives:

That when the two Houses adjourn on Friday, April 22, 2005, it be to meet again no later than Tuesday, April 26, 2005.

Was taken up read and adopted in concurrence.

Consideration Interrupted by Recess

S. 52

Senate bill, entitled

An act relating to renewable energy portfolio standards, appliance efficiency standards and distributed electricity;

Was taken up, and pending third reading of the bill, Rep. Flory of Pittsford moved to amend the House proposal of amendment as follows:

First: in Sec. 2, 30 V.S.A. § 8002, by adding a new subdivision (9) to read:

(9) “Retail electricity provider” means a company engaged in the distribution or sale of electricity directly to the public or to be used ultimately by the public for any combination of lighting, heating, and power.

Second: in Sec. 4, 30 V.S.A. § 8005(b), by striking subdivision (6) and inserting the following:

(6) make available to Vermont retail electricity providers for purchase, on a pro rata basis, a specified portion of the power generated under subdivisions (2) and (3) of this subsection. A retail electricity provider that chooses not to purchase a pro rata share of power generated under subdivision (3) of this section, must establish, to the satisfaction of the board, that the purchase 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;

Which was agreed to.

Pending third reading of the bill, Reps. Flory of Pittsford and Sunderland of Rutland Town moved to amend the House proposal of amendment as follows:

In Sec. 4, 30 V.S.A. § 8005(b), by striking subdivision (7) in its entirety and inserting the following:

(7) Establish a way to give retail electricity providers appropriate credit, in meeting any portfolio standard implemented under the provisions of section 8004 of this title, for resources developed through the SPEED program;

Pending the question, Shall the House proposal of amendment be amended as offered by Reps. Flory of Pittsford and Sunderland of Rutland Town?

Recess

At ten o’clock and twenty minutes in the forenoon, the Speaker declared a recess until the fall of the gavel.

At eleven o’clock and fifteen minutes in the forenoon, the Speaker called the House to order.

Consideration Resumed; Third Reading; Bill Passed in Concurrence

With Proposals of Amendment

S. 52

Consideration resumed on Senate bill, entitled

An act relating to renewable energy portfolio standards, appliance efficiency standards and distributed electricity;

The recurring question, Shall the House proposal of amendment be amended as offered by Reps. Flory of Pittsford and Sunderland of Rutland Town? Rep. Flory of Pittsford demanded the Yeas and Nays, which demand was sustained by the Constitutional number. The Clerk proceeded to call the roll and the question, Shall the House proposal of amendment be amended as offered by Reps. Flory of Pittsford and Sunderland of Rutland Town? was decided in the negative. Yeas, 37. Nays, 95.

Those who voted in the affirmative are:

Allaire of Rutland City

Allard of St. Albans Town

Baker of West Rutland

Bartlett of Dover

Bostic of St. Johnsbury

Clark of St. Johnsbury

Clark of Vergennes

DePoy of Rutland City

Donaghy of Poultney

Dunsmore of Georgia

Endres of Milton

Flory of Pittsford

Houston of Ferrisburgh

Hube of Londonderry

Hudson of Lyndon

Johnson of Canaan

Kennedy of Chelsea

Kilmartin of Newport City

Larocque of Barnet

Larrabee of Danville

LaVoie of Swanton

Lawrence of Lyndon

Marcotte of Coventry

Marron of Stowe

McAllister of Highgate

Metzger of Milton

Morley of Barton

Morrissey of Bennington

Myers of Essex

Niquette of Colchester

Parent of St. Albans City

Peaslee of Guildhall

Schiavone of Shelburne

Smith of New Haven

Sunderland of Rutland Town

Winters of Swanton

Winters of Williamstown

Ancel of Calais

Aswad of Burlington

Atkins of Winooski

Audette of S. Burlington

Barnard of Richmond

Bohi of Hartford

Botzow of Pownal

Branagan of Georgia

Brooks of Montpelier

Canfield of Fair Haven

Chen of Mendon

Clarkson of Woodstock

Condon of Colchester

Copeland-Hanzas of Bradford

Corcoran of Bennington

Cross of Winooski

Darrow of Dummerston

Deen of Westminster

Donahue of Northfield

Donovan of Burlington

Dostis of Waterbury

Dowland of Holland

Edwards of Brattleboro

Emmons of Springfield

Errecart of Shelburne

Evans of Essex

Fallar of Tinmouth

Fisher of Lincoln

Frank of Underhill

French of Randolph

Gervais of Enosburg

Grad of Moretown

Green of Berlin

Haas of Rochester

Head of S. Burlington

Heath of Westford

Hosford of Waitsfield

Howard of Rutland City

Howrigan of Fairfield

Hunt of Essex

Hutchinson of Randolph

Jerman of Essex

Jewett of Ripton

Johnson of South Hero

Kainen of Hartford

Keenan of St. Albans City

Kiss of Burlington

Kitzmiller of Montpelier

Klein of East Montpelier

Komline of Dorset

Krawczyk of Bennington

Kupersmith of S. Burlington

Larson of Burlington

Leriche of Hardwick

Lippert of Hinesburg

Maier of Middlebury

Malcolm of Pawlet

Marek of Newfane

Martin of Springfield

Martin of Wolcott

Masland of Thetford

McCullough of Williston

McFaun of Barre Town

McLaughlin of Royalton

Milkey of Brattleboro

Miller of Shaftsbury

Miller of Elmore

Minter of Waterbury

Molloy of Arlington

Mook of Bennington

Nease of Johnson

Nuovo of Middlebury

Obuchowski of Rockingham

Orr of Charlotte

Otterman of Topsham

Partridge of Windham

Pellett of Chester

Perry of Richford

Peterson of Williston

Pillsbury of Brattleboro

Potter of Clarendon

Pugh of S. Burlington

Reese of Pomfret

Rodgers of Glover

Rusten of Halifax

Seibert of Norwich

Severance of Colchester

Shand of Weathersfield

Sharpe of Bristol

Shaw of Derby

Sweaney of Windsor

Tracy of Burlington

Trombley of Grand Isle

Wright of Burlington

Zuckerman of Burlington

Ancel of Calais

Aswad of Burlington

Atkins of Winooski

Barnard of Richmond

Bohi of Hartford

Botzow of Pownal

Branagan of Georgia

Brooks of Montpelier

Canfield of Fair Haven

Chen of Mendon

Clark of Vergennes

Clarkson of Woodstock

Condon of Colchester

Copeland-Hanzas of Bradford

Corcoran of Bennington

Darrow of Dummerston

Deen of Westminster

Donahue of Northfield

Donovan of Burlington

Dostis of Waterbury

Dowland of Holland

Dunsmore of Georgia

Edwards of Brattleboro

Emmons of Springfield

Errecart of Shelburne

Evans of Essex

Fallar of Tinmouth

Fisher of Lincoln

Frank of Underhill

French of Randolph

Gervais of Enosburg

Grad of Moretown

Green of Berlin

Haas of Rochester

Head of S. Burlington

Heath of Westford

Hosford of Waitsfield

Howard of Rutland City

Howrigan of Fairfield

Hunt of Essex

Hutchinson of Randolph

Jerman of Essex

Jewett of Ripton

Johnson of South Hero

Kainen of Hartford

Keenan of St. Albans City

Kiss of Burlington

Kitzmiller of Montpelier

Klein of East Montpelier

Komline of Dorset

Krawczyk of Bennington

Kupersmith of S. Burlington

Larson of Burlington

Leriche of Hardwick

Lippert of Hinesburg

Maier of Middlebury

Malcolm of Pawlet

Marek of Newfane

Marron of Stowe

Martin of Springfield

Martin of Wolcott

Masland of Thetford

McCullough of Williston

McLaughlin of Royalton

Milkey of Brattleboro

Miller of Shaftsbury

Miller of Elmore

Minter of Waterbury

Molloy of Arlington

Mook of Bennington

Nease of Johnson

Niquette of Colchester

Nuovo of Middlebury

Obuchowski of Rockingham

Orr of Charlotte

Partridge of Windham

Pellett of Chester

Perry of Richford

Peterson of Williston

Pillsbury of Brattleboro

Potter of Clarendon

Pugh of S. Burlington

Reese of Pomfret

Rusten of Halifax

Seibert of Norwich

Severance of Colchester

Shand of Weathersfield

Sharpe of Bristol

Smith of New Haven

Sweaney of Windsor

Tracy of Burlington

Trombley of Grand Isle

Wright of Burlington

Zuckerman of Burlington

Allaire of Rutland City

Allard of St. Albans Town

Baker of West Rutland

Bartlett of Dover

Bostic of St. Johnsbury

Clark of St. Johnsbury

DePoy of Rutland City

Donaghy of Poultney

Endres of Milton

Flory of Pittsford

Houston of Ferrisburgh

Hube of Londonderry

Hudson of Lyndon

Johnson of Canaan

Kennedy of Chelsea

Kilmartin of Newport City

Larocque of Barnet

Larrabee of Danville

LaVoie of Swanton

Lawrence of Lyndon

Marcotte of Coventry

Metzger of Milton

Morley of Barton

Morrissey of Bennington

Myers of Essex

Otterman of Topsham

Parent of St. Albans City

Peaslee of Guildhall

Rodgers of Glover

Schiavone of Shelburne

Shaw of Derby

Smith of Morristown

Sunderland of Rutland Town

Winters of Swanton

Winters of Williamstown

Clark of Vergennes explained his vote as follows:

“Madam Speaker:

There are several aspects of this bill I oppose such as the speed program the micro-managing of the utility providers and the fear of higher utility rates for my constituents, but in the spirit of cooperation and compromise, I offer my support to the bill.”

Rep. Flory of Pittsford explained her vote as follows:

“Madam Speaker:

I appreciate the work and cooperation of the committee on this bill. However, I can’t quite get to the point of being concerned that this is necessary and won’t result in increased costs to my constituents. I only wish I had more time to reassure myself.”

Rep. Kilmartin of Newport City explained his vote as follows:

“Madam Speaker:

Of making us a David against Goliath, it pretends we are a Goliath in the energy market. I read the Bible, I know how the story ends. Goliath loses. David wins.

I vote no because this bill is an illusion. It is a “get richer quicker” scheme for certain Vermont energy developers while defying the economic and natural recourse reality of Vermont. It increases our competitive disadvantage. It erroneously claims we have the internal resources to create energy to replace Vermont Yankee and Hydro-Quebec. It gives “The Emperor’s New Clothes”, new meaning with its irrational nonsensical and unreal definition of renewable energy resources. Above all it defies the free market and insures higher energy costs to Vermont instead.”

Morley of Barton explained his vote as follows:

“Madam Speaker:

I voted no because I believe this bill will increase rates to all Vermonters. S. 52 will have an impact on every single person in the state of Vermont. I, Rep. John Morley IV, would like to apologize to all the ratepayers of the state, the businesses, commercial establishments the residential ratepayers and especially the low-income Vermonters that can’t afford higher rates. I am sorry.”

Rep. Smith of New Haven explained his vote as follows:

“Madam Speaker:

As a supporter of clean renewable instate energy production I support this bill with the stated objectives of lowering our electric rates and bills, stimulate Vermont’s economy, provide direct benefits to Vermont businesses and making our air cleaner and reducing greenhouse gasses.”

Message from the Senate No. 52

A message was received from the Senate by Mr. Marshall, its Assistant Secretary, as follows:

Madam Speaker:

I am directed to inform the House that the Senate has on its part passed Senate bill of the following title:

S. 41. An act relating to unemployment compensation for survivors of domestic violence.

In the passage of which the concurrence of the House is requested.

The Senate has considered House proposal of amendment to Senate bill of the following title:

S. 84. An act relating to comprehensive management of exposure to mercury.

And has concurred therein.

The Senate has considered a bill originating in the House of the following title:

H. 93. An act relating to the Middletown Springs, Ira, Poultney, Tinmouth and Wells town lines.

H. 341. An act relating to transient noncommunity public water systems.

And has passed the same in concurrence.

The Senate has considered bills originating in the Houses of the following titles:

H. 198. An act relating to gift certificates.

H. 479. An act relating to Vermont entities’ compliance with federal law.

And has passed the same in concurrence with proposals of amendment in the adoption of which the concurrence of the House is requested.

The Senate has considered a joint resolution originating in the House of the following title:

J.R.H. 34. Joint resolution relating to the use of the State House for the Green Mountain Boy’s State Program.

And has adopted the same in concurrence.

The Senate has on its part adopted Senate concurrent resolutions of the following titles:

S.C.R. 29. Senate concurrent resolution congratulating the People’s Health and Wellness Clinic on the occasion of its tenth anniversary.

S.C.R. 30. Senate concurrent resolution congratulating Dale Wells on his selection as the Northeast Kingdom Chamber of Commerce’s Citizen of the Year.

The Senate has on its part adopted concurrent resolutions originating in the House of the following titles:

H.C.R. 100. House concurrent resolution congratulating the St. Johnsbury Town Band on the occasion of its 175th anniversary.

H.C.R. 101. House concurrent resolution honoring Gary Rosen for his outstanding work in the performing arts.

H.C.R. 102. House concurrent resolution congratulating Taylor Coppenrath of West Barnet on the conclusion of his historic basketball career as a University of Vermont catamount.

H.C.R. 103. House concurrent resolution honoring University of Vermont basketball coach Tom Brennan.

Adjournment

At twelve o’clock and thirty minutes in the afternoon, on motion of Rep. Sunderland of Rutland Town, the House adjourned until Tuesday, April 26, 2005, at ten o’clock in the forenoon, pursuant to the provisions of J.R.S. 28.

Concurrent Resolutions Adopted

The following concurrent resolutions, having been placed on the Consent Calendar on the preceding legislative day, and no member having requested floor consideration as provided by the Joint Rules of the Senate and House of Representatives, are hereby adopted in concurrence.

H.C.R. 100

House concurrent resolution congratulating the St. Johnsbury Town Band on the occasion of its 175th anniversary

H.C.R. 101

House concurrent resolution honoring Gary Rosen for his outstanding work in the performing arts

H.C.R. 102

House concurrent resolution congratulating Taylor Coppenrath of West Barnet on the conclusion of his historic basketball career as a University of Vermont Catamount

H.C.R. 103

House concurrent resolution honoring University of Vermont basketball coach Tom Brennan

S.C.R. 29

Senate concurrent resolution congratulating the People's Health and Wellness Clinic on the occasion of its tenth anniversary.

S.C.R. 30

Senate concurrent resolution congratulating Dale Wells on his selection as the Northeast Kingdom Chamber of Commerce’s Citizen of the Year.

[The full text of the concurrent resolutions appeared in the Senate and House Calendar Addendum on the preceding legislative day and will appear in the volume of the Public Acts and Resolves of the 2005 Biennial session of the sixty-eighth biennial session]