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House Calendar

MONDAY, MARCH 24, 2008

78th DAY OF ADJOURNED SESSION

House Convenes at 10:00 A M

TABLE OF CONTENTS

                                                                                                               Page No.

ACTION CALENDAR

     Third Reading

H. 170  Relating to Retirees of the University of Vermont.............................. 1317

H. 615  Relating to Juvenile Judicial Proceedings.......................................... 1317

H. 635  Reports of Child Abuse or Neglect.................................................. 1317

H. 812  Educational Opportunity for Pregnant and Parenting Students........... 1317

Favorable with Amendment

H. 661  Ensuring Health and Safety on Public Construction by OSHA.......... 1317

          Rep. Moran for General, Housing and Military Affairs

Committee Relieved

H. 574  Beverage Container Manufacturers Commingling Containers............ 1318

          Rep. Cheney for Natural Resources and Energy

NOTICE CALENDAR

Committee Bill for Second Reading

H. 888  Miscellaneous Tax Amendments...................................................... 1321

          Rep. Otterman for Ways and Means

Favorable with Amendment

H. 549  Establishing Buffer Zones Along Waterways.................................... 1322

          Rep. Deen for Fish, Wildlife and Water Resources

          Rep. Heath for Appropriations............................................................ 1334

H. 558  Waste Facility Franchise Tax Exemption for Mining Waste............... 1334

          Rep. Winters for Ways and Means

H. 878  Relating to Elevator Safety............................................................... 1335

          Rep. Sharpe for Ways and Means

Ordered to Lie

H. 689  Relating to Utility Prescriptive Rights................................................ 1337

 

 

ORDERS OF THE DAY

ACTION CALENDAR

     Third Reading

H. 170

     An act relating to retirees of the University of Vermont.

H. 615

     An act relating to juvenile judicial proceedings.

H. 635

     An act relating to reports of child abuse or neglect.

H. 812

     An act relating to ensuring educational continuity for pregnant and parenting students.

Favorable with Amendment

H. 661

     An act relating to ensuring health and safety on public construction projects by requiring OSHA safety training.

Rep. Moran of Wardsboro, for the Committee on General, Housing and Military Affairs, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  29 V.S.A. § 161(d) is amended and (e) is added to read:

(d)  This section Subsections (a) – (c) of this section shall not apply to maintenance or construction projects carried out by the departments of highways and forests, parks and recreation.

(e)  Any person signing a contract to work on a construction, reconstruction, alteration, remodeling, installation, demolition, maintenance, or repair of any public work or building by a state agency, municipality, or instrumentality of state or local government and funded in whole or in part with state or federal funds that are administered by or through a state, municipal, or local governmental entity with a total project cost of $100,000.00 or more shall require each on-site employee to attend an Occupational Safety and Health Administration (OSHA) 10-hour construction safety program that utilizes an OSHA-approved curriculum.  Each on-site employee must successfully complete this program prior to beginning work, and each graduate shall receive a card from OSHA that certifies that the employee has successfully completed the program.  Any on-site employee who is found not to have completed the program shall be subject to removal from the work site, unless the employee provides documentation of having completed the program within 15 days after being found not to be in compliance with this subsection.  The commissioner of labor in consultation with the commissioner of buildings and general services shall adopt rules to implement and enforce this subsection.  The commissioner shall assess a civil penalty of $100.00 per day per employee against an employer that is not in compliance with this subsection, and may also assess a civil penalty of up to $2,500.00 against that employer.  The following are exempt from the requirements of this subsection:

(1)  Law enforcement officers involved with traffic control or jobsite security.

(2)  Flagging personnel who have completed the training required by the department of transportation.

(3)  Federal, state, and municipal government employees and inspectors.

(4)  Individuals who are not considered to be on the work site under the Davis-Bacon Act, including construction and nonconstruction delivery personnel and nontrade personnel.

Sec. 2.  DEPARTMENT OF LABOR; USE OF PROCEEDS FROM

             PENALTIES; SAFETY PROGRAMS

The department of labor shall propose in its annual budget request that at least 80 percent of the proceeds generated by penalties collected under

29 V.S.A. § 161(e) be directed back to the department to fund safety programs.

Sec. 3.  EFFECTIVE DATE

This act shall affect all contracts entered into on and after January 1, 2009.

(Committee vote: 5-3-0)

Committee Relieved

H. 574

     An act relating to requiring beverage container manufacturers to pay an additional one-half cent per container to retailers.

Rep. Cheney of Norwich, for the Committee on Natural Resources and Energy, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  10 V.S.A. § 1522a is added to read:

§ 1522a.  Rules

The secretary may adopt rules, in accordance with chapter 25 of Title 3, necessary for the administration of this chapter.  These rules may include the following:

(1)  provisions to ensure that beverage containers not labeled in accordance with section 1524 of this title are not redeemed;

(2)  provisions to ensure that beverage containers are commingled;

(3)  administrative penalties for the failure by a redemption center or retailer to remove beverage containers that are not labeled prior to pickup by a distributor or manufacturer.  Penalties may include nonpayment of the deposit and handling fee established under section 1522 of this title for a reasonable period of time and for the number of beverage containers that were not labeled;

(4)  any other provision that may be necessary for the implementation of this chapter.

Sec. 2.  10 V.S.A. § 1522(b) and (c) are amended to read:

(b)  A retailer or a person operating a redemption center who redeems beverage containers shall be reimbursed by the manufacturer or distributor of such beverage containers in an amount which is at least three and one-half cents per container for containers of beverage brands that are part of a commingling program and four cents per container for containers of beverage brands that are not part of a commingling program.

(c)  The secretary may adopt rules and regulations necessary to implement this chapter.

Sec. 3.  10 V.S.A. § 1523 is amended to read:

§ 1523.  Acceptance of beverage containers

(a)  Except as provided in section 1522 of this title:

(1)  A retailer shall not refuse to accept from any person any empty beverage containers, labeled in accordance with section 1524 of this title, of the kind, size, and brand sold by the retailer, or refuse to pay to that person the refund value of a beverage container as established by section 1522 of this title, except as provided in subsection (b) of this section.

(2)  A manufacturer or distributor may not refuse to accept pick up from a retailer that sells its product or a person operating a certified redemption center any empty beverage containers, labeled in accordance with section 1524 of this title, of the kind, size, and brand sold by the manufacturer or distributor, or refuse to pay the retailer or a person operating a redemption center the refund value of a beverage container as established by section 1522 of this title.

(b)  A retailer, with the prior approval of the secretary, may refuse to redeem beverage containers if a redemption center or centers are established which serve the public need.

(c)  A retailer or a person operating a redemption center may refuse to redeem beverage containers that are not clean, or are broken, or were not purchased in Vermont and shall not redeem beverage containers that are not labeled in accordance with section 1524 of this title.

(d)  A retailer or group of retailers may petition the secretary for the establishment of a redemption center.

(e)  The secretary shall notify the public regarding the petition. The secretary, after determination of need and service to be provided by the proposed redemption center, shall issue a certification authorizing the distributors or retailers affected and servicing the community or area involved to establish a redemption center or alternate method of redemption, or shall deny the petition if found adverse to the public need.

(f)  The secretary shall not certify a new redemption center from July 1, 2006 through July 1, 2007 unless the area is currently underserved.

Sec. 4.  10 V.S.A. §§ 1528 and 1529 are added to read:

§ 1528.  Beverage registration

No distributor or manufacturer shall sell a beverage container in the state of Vermont without the manufacturer registering the beverage container with the agency of natural resources prior to sale, unless distributed by the department of liquor control.  This registration shall take place on a form provided by the secretary and include the following:

(1)  The name and principal business address of the manufacturer;

(2)  The name of the beverage and the container size;

(3)  Whether the beverage is a part of an approved commingling agreement; and

(4)  The name of the person picking up the empty beverage container, if that person is different from the manufacturer.

§ 1529.  Redemption center certification

A person operating a redemption center may obtain a certification from the secretary.  A redemption center certification shall include the following:

(1)  Specification of the name and location of the facility;

(2)  If the certified redemption center redeems more than 250,000 containers per year, a requirement that the certified redemption center shall participate in an approved commingling agreement; and

(3)  Additional conditions, requirements, and restrictions as the secretary may deem necessary to implement the requirements of this chapter.  This may include requirements concerning reporting, recording, and inspections of the operation of the site.

Sec. 5COMMINGLING AND AUDIT PILOT PROGRAM

(a)  The secretary of natural resources may implement, by procedure, requirements for the commingling of beverage containers from differing manufacturers and auditing for compliance with these requirements.  This commingling program may include provisions establishing administrative penalties for the failure by a redemption center or retailer to remove containers that are not labeled prior to their pickup by a distributer or manufacturer.  Penalties may include nonpayment of the deposit and handling fee established under section 1522 of Title 10 for a reasonable period of time and for the number of containers that were not labeled.

(b)  The pilot program established by this section shall expire on July 1, 2010.

Sec. 6.  REPORT ON COMMINGLING PROGRAM

By no later than January 15, 2010, the secretary of natural resources shall report to the committees on natural resources and energy with regard to:

(1)  the implementation of the commingling program established by this act;

(2)  the implementation of the auditing program established by this act; and

(3)  the results of a redemption center survey regarding whether the commingling program has achieved cost efficiencies.

(Committee vote: 11-0-0)

NOTICE CALENDAR

Committee Bill for Second Reading

H. 888

An act relating to miscellaneous  tax amendments.

(Rep. Otterman of Topsham will speak for the Committee on Ways and Means.)

Favorable with Amendment

H. 549

     An act relating to establishing buffer zones along waterways of the state.

Rep. Deen of Westminster, for the Committee on Fish, Wildlife and Water Resources, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  FINDINGS

The general assembly finds that:

(1)  The surface waters of Vermont are an invaluable resource to the state and its citizens.

(2)  The navigable surface waters of the state are held in trust by the state for its citizens, and, thus, the state is bound to protect and conserve these waters.

(3)  The shorelands adjacent to the waters of the state harbor some of the most valuable natural resources in the state and serve important functions related to the health and quality of the state’s surface waters.

(4)  The shorelands adjacent to the state’s surface waters are often fragile natural resources, and their protection in the face of increasing development pressure is necessary to maintain the vitality and health of the state’s surface waters.

(5)  Under current law, the potential exists for uncoordinated, unplanned, and piecemeal development along the state’s surface waters, which could result in significant negative impacts on the waters of Vermont.

(6)  The agency of natural resources’ river management corridor program has worked successfully with municipalities to identify and map flood hazard zones, and the agency’s river management corridor program should continue and be supported.  However, additional protection of the state’s shorelands is necessary.

(7)  Buffer zones consisting of trees and other vegetation adjacent to the lakes of the states and within the state’s river corridors function to control water pollution; control building within the state’s shorelands; preserve and protect wetlands; help maintain and protect, channel, streambank, and floodplain stability; preserve and protect the habitat of terrestrial and aquatic wildlife; promote open space; and achieve additional environmental protection for the surface waters of Vermont.

Sec. 2.  10 V.S.A. § 1421 is amended to read:

§ 1421.  POLICY

To aid in the fulfillment of the state’s role as trustee of its navigable waters and to promote public health, safety, convenience, and general welfare, it is declared to be in the public interest to make studies, establish policies, make plans, make rules, require buffer zones along the lakes and streams of the state, promote the protection and management of the river corridors of the state, and authorize municipal shoreland zoning bylaws, all for the efficient use, conservation, development, and protection of the state’s water resources.  The purposes of the rules shall be to further the maintenance of safe and healthful conditions,; prevent and control water pollution; protect spawning grounds, fish, and aquatic life; control building sites, placement of structures, and land uses,; preserve shore cover and natural beauty,; and provide for multiple use of the waters in a manner to provide for the best interests of the citizens of the state.

Sec. 3.  10 V.S.A. § 1422 is amended to read:

§ 1422.  DEFINITIONS

In this chapter, unless the context clearly requires otherwise:

(1)  “Agency” means the agency of natural resources;.

(2)  “Board” means water resources panel of the natural resources board;.

(3)  “Department” means department of environmental conservation;.

(4)  “Navigable water” or “navigable waters” means Lake Champlain, Lake Memphremagog, the Connecticut River, all natural inland lakes within Vermont, and all streams, ponds, flowages, and other waters within the territorial limits of Vermont, including the Vermont portion of boundary waters, which are boatable under the laws of this state;.

(5)  “Public shorelands” means state‑owned lands adjacent to navigable waters;.

(6)  “Public waters” means navigable waters excepting those waters in private ponds and private preserves as set forth in sections 5204, 5205, 5206, and 5210 of this title;.

(7)  “Secretary” means the secretary of natural resources or the secretary’s duly authorized representative;.

(8)  “Shorelands” means the lands being between the normal mean water mark level of a lake, pond, or impoundment exceeding twenty 20 acres and a line not less than five hundred 500 feet nor more than one thousand 1,000 feet from such mean water mark level.

(9)  “Outstanding resource waters” mean waters of the state designated by the board as having exceptional natural, recreational, cultural, or scenic values.

(10)  “Existing use” means the established use, activity, or development occurring within a buffer zone on July 1, 2010, including:

(A)  repair, renovation, or maintenance, provided that the result of any repair, renovation, or maintenance is a functionally equivalent use; and

(B)  maintenance of a cleared area, including lawns and beaches, within the buffer, provided that the cleared area is not enlarged and no change in use occurs.

(11)  “Lake” means a body of standing water, including ponds and reservoirs that may have natural or artificial water level control.  Off-stream reservoirs specifically constructed for the following purposes shall not be considered lakes:  snowmaking storage, golf course irrigation, stormwater management, and fire suppression.

(12)  “Riparian buffer” means an undisturbed area adjacent to a lake or stream in the state consisting of trees, shrubs, groundcover plants, duff layer, and naturally vegetated, uneven ground surface that extends horizontally across the surface of the land from the mean water level of a lake or from the top of bank or top of slope of a stream.

(13)  “River corridor” means an area adjacent to streams, as defined by the agency of natural resources, necessary to accommodate the slope and platform of the stream’s naturally stable channel wherein encroachment and channel management activities that constrain the stream channel from achieving natural stability may increase risks to public safety, fluvial erosion hazards, property loss, and water quality and habitat degradation.

(14)  “Stream” means the full length and width, including the bed and banks, of any watercourse, including rivers, creeks, brooks, and branches.  “Stream” does not mean constructed drainageways, including water bars, swales, and roadside ditches.

(15)  “Top of bank” means the point along the bank of a stream where an abrupt change in slope is evident, and where the stream is generally able to overflow the banks and enter the adjacent floodplain during flows at or exceeding the average annual high water stage.

(16)  “Top of slope” means a break in slopes adjacent to steep-banked streams that have little or no floodplain; or a break in slope where the side slopes adjacent to an incised, or deeply cut, channel meet floodplains that have been abandoned or are undergoing abandonment. 

(17)  “Trail” means a recognized part of the Vermont trail system under section 443 of this section or land used for hiking, walking, bicycling,

cross-country skiing, snowmobiling, all-terrain vehicle riding, horseback riding, and other similar activities that is regularly maintained by a state or federal agency, a municipality, person, or incorporated group or association.

Sec. 4.  10 V.S.A. § 1427 is added to read:

§ 1427.  MINIMUM RIPARIAN BUFFER

(a)  The agency of natural resources shall continue to develop flood hazard area maps that delineate the river corridors of the streams of the state.  In addition, the agency of natural resources shall include on a flood hazard area map a riparian buffer zone along the streams of the state.  The size of the buffer zone included on a flood hazard area map shall be determined by site specific conditions.

(b)  Beginning July 1, 2010, a riparian buffer of at least 50 feet shall be established along the lakes and the streams of the state unless:

(1)  The municipality in which a stream is located has adopted a flood hazard area map developed by the agency of natural resources under subsection (a) of this section, provided that:

(A)  the flood hazard area map adopted by the municipality includes a riparian buffer zone; and

(B)  the exemption from the requirements of this section shall only apply to those streams included within the flood hazard area map and shall not apply to lakes located within the municipality; or

(2)  The municipality in which a lake or a stream is located has adopted riparian buffer zoning under section 4425 of Title 24; or

(3)  The municipality in which a lake or a stream is located adopted a riparian buffer bylaw prior to July 1, 2010 and that bylaw, as determined by the agency of natural resources:

(A)  Is consistent with the purposes and the requirements of 24 V.S.A. § 4425;

(B)(i)  Requires the establishment of a riparian buffer of at least 50 feet; or

(ii)  Establishes a riparian buffer of less than 50 feet that is based on site specific conditions; and

(C)  The municipality updates its riparian buffer bylaw to be consistent with the requirements of section 4425 of Title 24 subsequent to the next revision of its town plan.

(4)  Use of the land is authorized under this section or the rules adopted under subsection (d) of this section.

(c)  The following are allowed in the riparian buffer zone or are subject to environmental review under other provisions of law and are not subject to the requirements of subsection (b) of this section:

(1)  Activities by persons subject to the regulatory requirements of chapter 215 of Title 6.

(2)  Forestry conducted in compliance with accepted silvicultural practices as defined by the commissioner of forests, parks and recreation under section 2622 of this section.

(3)  Existing uses.

(4)  Reconstruction, repair, or maintenance of linear public transportation facilities; improvements directly related to providing transportation enhancements; and safety features on or adjacent to linear public transportation facilities.

(5)  The control of non-native, invasive species of plants where such control is authorized by law or approved by the agency of natural resources.

(6)  Maintenance or repair of pollution abatement facilities permitted under section 1263 of this title.

(7)  Railroad activities and facilities within the jurisdiction of federal law.

(8)  Stormwater treatment facilities or practices existing within a riparian buffer as of July 1, 2010, including repair or maintenance under a permit issued under section 1264 of this title.

(9)  Construction of electric transmission projects that are subject to 30 V.S.A. § 248.

(10)  Development or a subdivision permitted under or subject to chapter 151 of this title.

(11)  The routine repair and maintenance of utility lines and poles, including vegetation maintenance in utility line corridors, in a manner that minimizes adverse impacts and is in accordance with a plan approved by the agency of natural resources.

(12)  The emergency repair of utility lines and poles in a manner that minimizes adverse impacts to the riparian buffer.

(13)  Trail construction and maintenance conducted in conformance with applicable management standards recommended by the commissioner of forests, parks and recreation.

(14)  Stairways or paths of not more than six feet in width that lead to a lake or a stream.

(15)  Additional exemptions adopted by the agency of natural resources under subsection (d) of this section

(d)  The agency of natural resources shall adopt substantive and technical rules to implement this section , including rules for uses that:

(1)  Regulate the development and use of riparian buffers in order to prevent and control water pollution; prevent and control stormwater runoff; preserve and protect wetlands; maintain and protect channel, streambank, and floodplain stability; preserve and protect the habitat of terrestrial and aquatic wildlife; promote open space and aesthetics; and achieve other municipal, regional, or state conservation and development objectives for riparian buffers.  These rules may:

(A)  Regulate the planting and maintenance of vegetation.

(B)  Regulate maintenance of existing access to public waters.

(C)  Set standards or criteria that regulate development or change of use of buildings or structures within riparian buffers.

(D)  Regulate the use and storage of hazardous materials, as that term is defined in section 6602 of this title, provided that any requirements adopted under this section are consistent with and at least as stringent as state and federal law.

(E)  Regulate practices or the use or storage of other materials that could impair water quality, provided that any requirements adopted under this section are consistent with and at least as stringent as state and federal law.

(F)  Establish requirements for the mitigation of the impact of a use allowed under subdivision (d)(3) of this subsection, including mitigation offsets, mitigation banking, and impact fees.

(G)  Establish other requirements to promote the sound management and use of riparian buffers.

(2)  Authorize uses that may be conducted in a riparian buffer, including standards for:

(A)  The development of buildings within the riparian buffer

(B)  Allowing encroachment on a riparian buffer by an existing or new use.

(C)  Change in use of existing nonconforming uses.

(D)  Recreational uses within the buffer, including docks, decks, piers, access areas, landing areas, and beaches.

(E)  Except as otherwise provided in this section, utility lines.

(F)  New stormwater treatment facilities or practices permitted by the agency of natural resources.

(G)  Lake or stream conservation or restoration projects approved by the agency of natural resources.

(H)  Construction of new alignment linear public transportation facilities.

(I)  Private crossings of riparian buffers, including driveways and other access roads.

(3)  Allow a use not set forth under subdivision (c)(2) of this section within a riparian buffer when:

(A)  The proposed use must impact the buffer in order to fulfill the purpose of the use and the use will, insofar as possible and reasonable in light of its purpose:

(i)  Retain in its natural condition the portion of the buffer that is not impacted by the use out of necessity;

(ii)  Retain or provide vegetation which, when relevant to the allowed use, screens the use from the surface of a lake or stream;

(iii)  Stabilize the bank of the stream or lake from erosion when necessary with vegetative cover.

(B)  The applicant takes reasonable measures to minimize impact on the riparian buffer; and

(C)  Suitable mitigation will be provided for any impact to the riparian buffer so that no net loss of acreage to the riparian buffer occurs.  The agency of natural resources may approve off-site mitigation or some combination of on-site and offsite mitigation of the impact to the riparian buffer when on-site mitigation alone is not reasonable or appropriate.

(4)  Exempt certain uses or activities from the requirements of subsection (b) of this section.

(e)  In order to implement the rules issued by the agency of natural resources under subsection (d) of this section, the secretary of natural resources may, after notice and opportunity for a public hearing, issue and enforce a general permit for any category of uses or activities within the riparian buffer provided, that the uses or activities in such category are similar in nature.

Sec. 5.  10 V.S.A. § 8003(a) is amended to read:

(a)  The secretary may take action under this chapter to enforce the following statutes:

* * *

(17)  10 V.S.A. § 2625, relating to heavy cutting of timber; and

(18)  10 V.S.A. chapter 164, relating to comprehensive mercury management; and

(19)  10 V.S.A. § 1427, relating to minimum riparian buffers.

Sec. 6.  10 V.S.A. § 8503(a)(1) is amended to read:

(a)  This chapter shall govern all appeals of an act or decision of the secretary, excluding enforcement actions under chapters 201 and 211 of this title and rulemaking, under the following authorities and under the rules adopted under those authorities:

(1)  The following provisions of this title:

* * *

(O)  section 1427 (relating to minimum riparian buffers).

Sec. 7.  24 V.S.A. § 4303(10) is amended to read:

(10)  “Land development” means the division of a parcel into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or other structure, or of any mining, excavation, or landfill, alteration or removal of vegetation or trees within riparian buffers, and any change in the use of any building or other structure, or land, or extension of use of land.

Sec. 8.  24 V.S.A. § 4411 is amended to read:

§ 4411.  ZONING BYLAWS

(a)  A municipality may regulate land development in conformance with its adopted municipal plan and for the purposes set forth in section 4302 of this title to govern the use of land and the placement, spacing, and size of structures and other factors specified in the bylaws related to public health, safety, or welfare.  Zoning bylaws may permit, prohibit, restrict, regulate, and determine land development, including the following:

(1)  Specific uses of land and shoreland facilities;

(2)  Dimensions, location, erection, construction, repair, maintenance, alteration, razing, removal, and use of structures;

(3)  Areas and dimensions of land to be occupied by uses and structures, as well as areas, courts, yards, and other open spaces and distances to be left unoccupied by uses and structures;

(4)  Timing or sequence of growth, density of population, and intensity of use;

(5)  Uses within a riparian buffer, as that term is defined in section 1422 of Title 10.

(b)  All zoning bylaws shall apply to all lands within the municipality other than as specifically limited or exempted in accordance with specific standards included within those bylaws and in accordance with the provisions of this chapter.  The provisions of those bylaws may be classified so that different provisions may be applied to different classes of situations, uses, and structures and to different and separate districts of the municipality as may be described by a zoning map made part of the bylaws.  The land use map required pursuant to subdivision 4382(a)(2) of this title of any municipality may be designated as the zoning map except in cases in which districts are not deemed by the planning commission to be described in sufficient accuracy or detail by the municipal plan land use map.  All provisions shall be uniform for each class of use or structure within each district, except that additional classifications may be made within any district for any or all of the following:

(1)  To make transitional provisions at and near the boundaries of districts.

(2)  To regulate the expansion, reduction, or elimination of certain nonconforming uses, structures, lots, or parcels.

(3)  To regulate, restrict, or prohibit uses or structures at or near any of the following:

(A)  Major thoroughfares, their intersections and interchanges, and transportation arteries.

(B)  Natural or artificial bodies of water.

(C)  Places of relatively steep slope or grade.

(D)  Public buildings and public grounds.

(E)  Aircraft and helicopter facilities.

(F)  Places having unique patriotic, ecological, historical, archaeological, or community interest or value, or located within scenic or design control districts.

(G)  Flood or other hazard areas and other places having a special character or use affecting or affected by their surroundings.

(H)  Riparian buffers, as that term is defined in section 1422 of title 10.

(4)  To regulate, restrict, or prohibit uses or structures in overlay districts, as set forth in subdivision 4414(2) of this title.

Sec. 9.  24 V.S.A. § 4414 is amended to read:

§ 4414.  ZONING; PERMISSIBLE TYPES OF REGULATION

Any of the following types of regulations may be adopted by a municipality in its bylaws in conformance with the plan and for the purposes established in section 4302 of this title.

(1)  Zoning districts.  A municipality may define different and separate zoning districts, and identify within these districts which land uses are permitted as of right, and which are conditional uses requiring review and approval, including the districts set forth in this subdivision (1).

(A)  Downtown, village center, new town center, and growth center districts.  The definition or purpose stated for local downtown, village center, new town center, or growth center zoning districts should conform with the applicable definitions in section 2791 of this title.  Municipalities may adopt downtown, village center, new town center, or growth center districts without seeking state designation under chapter 76A of this title.  A municipality may adopt a manual of graphic or written design guidelines to assist applicants in the preparation of development applications.  The following objectives should guide the establishment of boundaries, requirements, and review standards for these districts:

* * *

(G)  Riparian buffers.  In accordance with section 4424 of this title, a municipality may adopt bylaws to regulate riparian buffers, as that term is defined in section 1422 of Title 10, in order to prevent and control water pollution; prevent and control stormwater runoff; preserve and protect wetlands; maintain and protect channel, streambank, and floodplain stability; preserve and protect the habitat of terrestrial and aquatic wildlife; promote open space and aesthetics; and achieve other municipal, regional, or state conservation and development objectives for riparian buffers.  Riparian buffer bylaws may regulate the design and location of development, control building location, require the provision and maintenance of vegetation, require provisions for access to public waters for all residents and owners of the development, and impose other requirements authorized by this chapter.

* * *

Sec. 10.  24 V.S.A. § 4425 is added to read:

§ 4425.  RIPARIAN BUFFER BYLAWS

(a)  A municipality may adopt freestanding bylaws or amend zoning or unified development bylaws to regulate development and use of riparian buffers, as that term is defined in section 1422 of Title 10.

(b)  Bylaws adopted under this section shall include:

(1)  Provisions to promote the sound management and use of riparian buffers.

(2)  A provision barring use or development within a riparian buffer zone unless such use or development is authorized by the bylaws or the appropriate municipal panel.

(3)  Provisions to ensure the timely and appropriate enforcement of the bylaws.

(c)  Except as otherwise prohibited under section 4413 of this title, riparian buffer bylaws adopted under this section may:

(1)  Set a buffer width of greater than 50 feet within the municipality or portions of the municipality.

(2)  Set a buffer width of fewer than 50 feet within the municipality or portions of the municipality, provided that the reduced buffer width:

(A)  Is necessary to address existing development or existing uses within the municipality, including the repair, maintenance, or renovation of such development or uses;

(B)  Applies to property located within a designated downtown development district or designated village center, as these terms are defined in section 2791 of this title; or

(C)  Applies to property located within an area that the municipality has designated by bylaw:

(i)  for development according to historic development patterns; or

(ii)  for redevelopment of land that has been disturbed prior to July 1, 2010, by industrial or urban development.

(3)  Contain standards or criteria that regulate the development or change of use of buildings or structures within riparian buffers.

(4)  Authorize allowed or conditional uses within the buffer.  In adopting allowed uses or conditional uses under this subsection, a municipality may regulate a use allowed under 10 V.S.A. § 1427, provided that the municipality is not prohibited from regulating such a use under section 4413 of this title or other provisions of state or federal law.

(5)  Prohibit the use and storage of hazardous materials, as that term is defined in section 6602 of Title 10, provided that any bylaw adopted under this subdivision shall be consistent with and at least as stringent as state and federal law.

(6)  Prohibit practices or the use and storage of other materials that could impair water quality, provided that any bylaw adopted under this subdivision shall be consistent with and at least as stringent as state and federal law.

(7)  Establish other restrictions to promote the sound management and use of riparian buffers.

Sec. 11.  AGENCY OF NATURAL RESOURCES OUTREACH AND
   EDUCATION ON RIPARIAN BUFFERS

Prior to January 15, 2009, the agency of natural resources, in consultation with the Vermont League of Cities and Towns, regional planning commissions, the Vermont planners association, and the Vermont land education and training collaborative, shall develop educational and training programs and conduct public hearings to inform municipalities and municipal planners of the environmental and planning benefits of riparian buffers and the requirements of this act.  In developing the education programs required by this section, the agency may utilize various types of media.

Sec. 12.  REPORT OF AGENCY OF NATURAL RESOURCES; RIPARIAN

               BUFFER RULES

On or before December 15, 2009, and on or before December 15, 2010, the agency of natural resources shall report to the house committee on fish, wildlife and water resources and the senate committee on natural resources and energy with a status report on the rules required by 10 V.S.A. § 1427 regarding the development and use of riparian buffers along lakes and streams of the state.

Sec. 13.  AGENCY OF NATURAL RESOURCES REPORT

Beginning January 15, 2009, and biennially thereafter, the agency of natural resources shall report to the house committee on fish, wildlife and water resources and the senate committee on natural resources and energy regarding the status of riparian buffer zoning with Vermont.  The report shall include:

(1)  A summary of the municipalities that have adopted riparian buffer zoning or a riparian buffer bylaws;

(2)  a summary of municipalities that have adopted flood hazard area zoning as part of riparian buffer zoning or bylaw;

(3)  an analysis, based on information available to the agency, of the impact of riparian buffer zoning on the waters of the state; and

(4)  any recommendations that the state or municipalities make regarding the regulation of the use of land within riparian buffers.

Sec. 14.  EFFECTIVE DATE

This act shall take effect July 1, 2008.

(Committee vote: 5-3-1)

Rep. Heath of Westford, for the Committee on Appropriations, recommends the bill ought to pass when amended as recommended by the Committee on Fish, Wildlife and Water resources.

(Committee Vote: 6-4-1)

H. 558

     An act relating to waste facility franchise tax exemption for mining waste.

Rep. Winters of Williamstown, for the Committee on Ways and Means, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  3 V.S.A. § 2822(j)(6) is amended to read:

(6)  For solid waste treatment, storage, transfer, or disposal facility certifications issued under 10 V.S.A. chapter 159:

* * *

(E)  original and renewal                  $200.00 plus $0.41

applications for facilities, certified                    per cubic yard of certified

pursuant to 10 V.S.A §§ 6605 and 6605b,     for facilities with an operational

that treat, store, or dispose of waste               capacity less than 25,000 cubic

generated solely from mining, extraction,         yards; for facilities with

or mineral processing                                      operational capacity above 15,000

                                                                      25,000 cubic yards $0.95 per

                                                                      cubic yard of operational capacity

                                                                      prorated and paid on an

                                                                      annual basis over the term

                                                       of the certification.

                                                       Maximum annual

                                                                      payment, $35,000.00

                                                                      $75,000.00.

* * *

Sec. 2.  REPEAL

Sec. 6 of No. 65 of the Acts of 2005 (sunset of tax exemption for solid waste from mining, extraction, or mineral processing) is repealed effective June 1, 2008.

Sec. 3.  EFFECTIVE DATE

This act shall take effect upon passage, except:

(1)  Sec. (1) of this act (solid waste certification fee increase in

3 V.S.A. § 2822(j)(6)(E)) shall take effect July 1, 2008.

(Committee vote: 6-1-4)

H. 878

     An act relating to elevator safety.

Rep. Sharpe of Bristol, for the Committee on Ways and Means, recommends the bill be amended as follows:

First:  By striking Sec. 1 in its entirety and inserting in lieu thereof a new Sec. 1 as follows:

Sec. 1.  21 V.S.A. § 144(a) is amended to read:

(a)  The elevator safety review board is established within the department, and shall consist of five eight members, one of whom shall be the commissioner or the commissioner’s designee, one of whom shall be the commissioner of labor or the commissioner of labor’s designee, and four six members to be appointed by the governor as follows: one representative from a major elevator manufacturing company; one representative from an elevator servicing company; an owner or manager of a multistoried building, in which a conveyance is installed; an elevator inspector; one member of the public; and an individual who actually installs, maintains and repairs conveyances.  The members appointed by the governor shall be appointed for staggered terms of three years, and shall be entitled to compensation and expenses as provided in 32 V.S.A. § 1010.

Second:  By striking Sec. 2 in its entirety and inserting in lieu thereof a new Sec. 2 as follows:

Sec. 2.  21 V.S.A. § 152 is amended to read:

§ 152.  NEW INSTALLATIONS; ANNUAL INSPECTIONS AND

      REGISTRATIONS

(a)  A new conveyance shall not be placed in operation until it has been inspected by an elevator inspector other than the installer, and a certificate of operation has been issued.

(b)  Every conveyance subject to this subchapter shall be inspected annually by an elevator inspector who may charge a fee for the service as established by the board by rule.  Rules adopted by the board under this subsection shall take into account the degree of difficulty required by the inspection, the frequency of use of the conveyance, and the mode of operation of the conveyance, such as cable, traction, hydraulic, light use, or platform liftAn inspector may charge a fee not to exceed $100.00 for each inspection.  The inspector shall notify the department if a conveyance is found to be in violation of this subchapter or any rule adopted under this subchapter.

(c)  An elevator inspector shall issue a certificate of operation after the inspector has inspected a new or existing conveyance, and has determined that the conveyance is in compliance with this subchapter.  A certificate of operation shall be renewed annually.  An owner of a conveyance shall ensure that the required inspections and tests are performed at intervals that comply with rules adopted by the board.  Certificates of operation shall be clearly displayed on or in each conveyance or in each machinery room.

(d)  The department may issue a conditional certificate of operation for a conveyance that is not in complete compliance, provided the conveyance has been inspected and determined to be safe for temporary operation.  This conditional certificate of operation permits shall permit a conveyance to operate for no more than 30 180 days or until the conveyance is in compliance, whichever occurs first.

(e)  The inspector shall submit $25.00 of the fee charged for each inspection to the department for each certificate of operation issued under this subchapter.

(f)  An inspector may charge a fee not to exceed $250.00 as established by the board by rule for each inspection, and this fee shall be subject to the provisions of subchapter 6 of chapter 7 of Title 32.

(g)  An inspector may charge a fee not to exceed $100.00, and this fee shall be subject to the provisions of subchapter 6 of chapter 7 of Title 32.

Third:  By striking Sec. 4 in its entirety and inserting in lieu thereof a new Sec. 4 as follows:

Sec. 4.  REPEAL

21 V.S.A. § 152(g) (inspector fee cap of $100.00) shall be repealed on the effective date of rules adopted pursuant to 21 V.S.A. § 152.

Fourth:  By adding a Sec. 4a as follows:

Sec. 4a.  ELEVATOR SAFETY REVIEW BOARD; RULEMAKING

The general assembly finds that there exists an imminent peril to the public health, safety or welfare that necessitates the adoption of emergency rules pursuant to 3 V.S.A. § 844 by the elevator safety review board as required by 21 V.S.A. § 152.  Emergency rules shall be filed as soon as possible after notice and an opportunity to be heard by persons who may be affected by them.  The board shall propose a permanent rule on the same subject at the same time that it adopts an emergency rule.

(Committee vote: 8-0-3)

Ordered to Lie

H. 689

     An act relating to utility prescriptive rights.

 

PUBLIC HEARINGS

     Thursday, March 27, 2008, Room 11 – 5:00 –7:00 PM, House Committee on Fish, Wildlife and Water Resources – H. 543  Funding of the Department of Fish and Wildlife

 

 

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us