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Senate Calendar

thursday, february 28, 2008

52nd DAY OF BIENNIAL SESSION

TABLE OF CONTENTS

                                                                                                                Page No.

ACTION CALENDAR

Third Reading

S. 226     Requiring the installation of smoke detectors...................................... 467

S. 250     Decreasing amounts of cocaine & heroin required to be possessed to .....  

               trigger drug trafficking penalties......................................................... 467

S. 357     Domestic violence............................................................................. 467

Second Reading

Favorable

S. 245     Relating to crime victims.................................................................... 467

                        Judiciary Committee Report..................................................... 467

Favorable with Recommendation of Amendment

S. 280     Relating to prosthetic parity............................................................... 467

                        Health and Welfare Committee Report..................................... 467

S. 281     Relating to end-of-life care and pain management.............................. 468

                        Health and Welfare Committee Report..................................... 468

S. 336     Relating to juvenile judicial proceedings............................................. 469

                        Judiciary Committee Report..................................................... 469

House Proposal of Amendment to Senate Proposal of Amendment

H. 580    Terms of members of the Vt. Tobacco Evaluation & Review Bd........ 480

NOTICE CALENDAR

House Bill To Be Take Up Under Rules Suspension For Purpose Of Reconsidering Action Previously Taken

H. 737    Fiscal year 2008 budget adjustments................................................. 480

                        Sen. Bartlett amendment.......................................................... 480

Favorable

H. 874    Relating to decomposed municipal budgets........................................ 480

                        Government Operations........................................................... 480

JRH 27  Maximize federal funding for transportation construction projects....... 480

                        Transportation Committee Report............................................ 481

JRH 39  Reducing greenhouse gas emissions with weight limits........................ 481

                        Transportation Committee Report............................................ 481

Favorable with Recommendation of Amendment

S. 350     Relating to energy independence and economic prosperity................. 481

                        Natural Resources and Energy Committee Report.................... 481

Committee Bill for Notice

S. 363     Workers’ compensation in agriculture................................................ 502

                        Committee on Agriculture........................................................ 502

ORDERED TO LIE

S. 70       Empowering municipalities to regulate pesticides................................ 502


S. 102     School dist. excess spending............................................................. 502

S. 118     Fiscal review of high spending school districts.................................... 502

JRS 24   Congressional “fast track” review of trade agreements....................... 502

Concurrent Resolutions for Notice

(For text of Resolutions, see Addendum to February 28, 2008 Calendar)

SCR 34    In memory of Dr. Lawrence Myers of Waitsfield............................... 80

SCR 35    Honoring Barre City clerk-treasurer Eugene Stratton......................... 81

SCR 36    Honoring Moretown town clerk-treasurer Susan Goodyear............... 82

HCR 217 VT `Girl Scouts attending the 52nd U.N. Commission on Women...... 83

HCR 218 Honoring Barbara Oles for service as Guilford town clerk/treas.......... 85

HCR 219 Honoring Laurence Rossi for civic service to town of Woodbury........ 86

HCR 220 Arthur Briggs for half-century as member of Cavendish fire dept........ 87

HCR 221 Sarah Hurlbut Franklin County Person of the Year Award................. 88

HCR 222 Frederic Duclos Barstow Memorial School on its 75 anniversary....... 89

HCR 223 Frank Pecora named a St. Michael’s College unsung hero................. 91

HCR 224 Karen Richard of Colchester named 2007 Vt. Town Clerk of Year... 92

HCR 225 Honoring Carolyn Wells for public service to town or Worcester....... 93

HCR 226 Henry A. Raymond for community service to town of Fairfax............. 93

 



 

ORDERS OF THE DAY

ACTION CALENDAR

Third Reading

S. 226

An act relating to requiring the installation of smoke detectors.

S. 250

An act relating to decreasing the amounts of cocaine and heroin required to be possessed to trigger drug trafficking penalties.

S. 357

An act relating to domestic violence.

Second Reading

Favorable

S. 245

An act relating to crime victims.

Reported favorably by Senator Campbell for the Committee on Judiciary.

(Committee vote: 4-0-1)

Favorable with Recommendation of Amendment

S. 280

An act relating to prosthetic parity.

Reported favorably with recommendation of amendment by Senator Racine for the Committee on Health and Welfare.

The Committee recommends that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  8 V.S.A. § 4088f is added to read:

§ 4088f.  PROSTHETIC PARITY

(a)  As used in this section:

(1)  “Health insurance plan” means any health insurance policy or health benefit plan offered by a health insurer, as defined in 18 V.S.A. § 9402, as well as Medicaid, the Vermont health access plan, and any other public health care assistance program offered or administered by the state or by any subdivision or instrumentality of the state.  The term shall not include policies or plans providing coverage for specific disease or other limited benefit coverage.

(2)  “Prosthetic device” means an artificial limb device to replace, in whole or in part, an arm or a leg.

(b)  A health insurance plan shall provide coverage for prosthetic devices in all health plans as is provided by the federal Medicare program.  Coverage may be limited to the prosthetic device that is the most appropriate model that is medically necessary to meet the patient’s medical needs.  Any dispute between the insured and the carrier concerning coverage and the application of this section shall be subject to independent external review under section 4089f of this title.

(c)  A health insurance plan may require prior authorization for prosthetic devices in the same manner and to the same extent as prior authorization is required for any other covered benefit.

(d)  A health insurance plan shall provide coverage under this section for the medically necessary repair or replacement of a prosthetic device.

(e)  A health insurance plan shall not impose any annual or lifetime dollar maximum on coverage for prosthetics that is less than the annual or lifetime dollar maximum that applies generally to all terms and services covered under the plan.

Sec. 2.  EFFECTIVE DATE

This act shall take effect on October 1, 2008 and shall apply to all health benefit plans on and after October 1, 2008 on such date as a health insurer offers, issues, or renews the health benefit plan, but in no event later than October 1, 2009.

(Committee vote: 6-0-0)

S. 281

An act relating to end-of-life care and pain management.

Reported favorably with recommendation of amendment by Senator Kittell for the Committee on Health and Welare.

The Committee recommends that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  REPORT ON PALLIATIVE CARE, END-OF-LIFE CARE, AND PAIN MANAGEMENT

(a)  The department of health shall convene a group of stakeholders to discuss how to improve palliative care, end-of-life care, and management of chronic pain.  Participants shall include the department of disabilities, aging, and independent living; ExCEL; the Hospice and Palliative Care Council of Vermont; Patient Choices at End of Life – Vermont; the Vermont Health Care Association; the Vermont Association of Hospitals and Health Systems; the Vermont Medical Society; the Vermont Center for Independent Living; the American Cancer Society; and other interested stakeholders.  The group shall examine available data from existing sources and evaluate their utility for driving improvements in palliative care, end-of-life care, and pain management services across settings in this state.

(b)  The group shall:

(1)  consider the value and feasibility of conducting ongoing studies or updating reports, or both;

(2)  develop recommendations for improving ongoing coordination of activities directed toward improving palliative care, end-of-life care, and pain management services throughout the state; and

(3)  develop recommendations for improving methods of informing consumers about options in this state for end-of-life care, palliative care, and management of chronic pain.

(c)  No later than January 15, 2009, the department of health shall report on the stakeholders’ group’s findings and recommendations to the senate committee on health and welfare and the house committees on health care and on human services.

(Committee vote: 6-0-0)

S. 336

An act relating to juvenile judicial proceedings.

Reported favorably with recommendation of amendment by Senator Sears for the Committee on Judiciary.

The Committee recommends that the bill be amended as follows:

First:  In Sec. 1, 33 V.S.A. § 5102, by striking out subdivision (18) in its entirety and inserting in lieu thereof a new subdivision (18) to read:

(18)  “Protective supervision” means the authority granted by the court to the department in a juvenile proceeding to take reasonable steps to monitor compliance with the court’s order, including unannounced visits to the child’s home.

Second:  In Sec. 1, 33 V.S.A. § 5102, by striking out subdivision (22) in its entirety and inserting in lieu thereof a new subdivision (22) to read:

(22)  “Youth” shall mean a person who is the subject of a motion for youthful offender status or who has been granted youthful offender status.

Third:  In Sec. 1, 33 V.S.A., by striking out § 5108 in its entirety and inserting in lieu thereof a new § 5108 to read:

§ 5108.  Authority to issue warrants  

(a)  The court may order a parent, guardian, or custodian to appear at any hearing or a parent to appear with the child who is the subject of a petition.

(b)  If, after being summoned, cited, or otherwise notified to appear, a party fails to do so, the court may issue a warrant for the person’s appearance. 

(c)  If the child is with the parent, guardian, or custodian, the court may issue a warrant for the parent, guardian, or custodian to appear in court with the child or, in the alternative, the court may issue an order for an officer to pick up the child and bring the child to court.

(d)  If a summons cannot be served or the welfare of the child requires that the child be brought forthwith into the custody of the court, the court may issue a warrant for the parent, guardian, or custodian to appear in court with the child.  In the alternative, the court may issue an order for an officer to pick up the child and bring the child to court during court hours.

(e)  A person summoned who fails to appear without reasonable cause may be found in contempt of court.

Fourth:  In Sec. 1, 33 V.S.A. § 5110, by striking out subsection (e) in its entirety and inserting in lieu thereof a new subsection (e) to read:

(b)  The general public shall be excluded from hearings under the juvenile judicial proceedings chapters, and only the parties, their counsel, witnesses, persons accompanying a party for his or her assistance, and such other persons as the court finds to have a proper interest in the case or in the work of the court, including a foster parent or a representative of a residential program where the child resides, may be admitted by the court.  This subsection shall not prohibit a victim’s exercise of his or her rights under sections 5233 and 5234 of this title and as otherwise provided by law.

Fifth:  In Sec. 1, 33 V.S.A. § 5117(a), after “transferred for criminal prosecution” by adding or youthful offender status is revoked

Sixth: In Sec. 2, 33  V.S.A. § 5203, by striking out subsection (e) in its entirety and inserting in lieu thereof a new subsection (e) to read:

(e)  Motions to transfer a case to family court for youthful offender treatment shall be made under section 5281 of this title.  

Seventh:  In Sec. 2, 33  V.S.A. § 5203, by striking out subsection (f) in its entirety.

Eighth:  In Sec. 2, 33 V.S.A. chapter 52, subchapter 2, by adding § 5235 to read:

§ 5235.  JUVENILE RESTITUTION

(a)  Restitution shall be considered in every case in which a victim of a delinquent act has suffered a material loss.  For purposes of this section, “material loss” means uninsured property loss, uninsured out-of-pocket monetary loss, uninsured lost wages, and uninsured medical expenses.

(b)  When ordered, restitution may include:

(1)  return of property wrongfully taken from the victim;

(2)  cash, credit card, or installment payments paid to the restitution unit; and

(3)  payments in kind, if acceptable to the victim.

(c)  In awarding restitution, the court shall make findings in accordance with subdivision 5262(b)(2) of this title.

(d)  If restitution is ordered, the victim shall be entitled to payment from the crime victims’ restitution fund, pursuant to 13 V.S.A. § 5363.  An order of restitution shall establish the amount of material loss incurred by the victim, which shall be the restitution judgment order.  Every order of restitution shall include:

(1)  the juvenile’s name and address;

(2)  the name of the victim;

(3)  the amount ordered; and

(4)  any co-defendant names if applicable.

(e)  In the event the juvenile is unable to pay the restitution judgment order at the time of disposition, the court shall fix the amount thereof, which shall not exceed an amount the juvenile can or will be able to pay, and shall fix the manner of performance or refer to a restorative justice program that will address how loss resulting from the delinquency will be addressed, subject to modification under section 5264 of this title.

(f)  The court shall transmit a copy of a restitution order to the restitution unit, which shall make payment to the victim in accordance with 13 V.S.A. § 5363.

(g)  To the extent that the victims’ compensation board has made payment to or on behalf of the victim in accordance with chapter 167 of Title 13, restitution, if imposed, shall be paid to the restitution unit, which shall make payment to the crime victims’ compensation fund.

(h)  When restitution is requested but not ordered, the court shall set forth on the record its reasons for not ordering restitution.

(i)  Any information concerning restitution payments made by a juvenile shall be available to the Vermont restitution unit for purposes of determining restitution obligations of adult and juvenile co-defendants.

Ninth:  In Sec. 2, 33 V.S.A. § 5251(3), after “removal” by adding from the child’s current home

Tenth:  In Sec. 2, 33 V.S.A. § 5252(b)(2), after “taking temporary custody of the child.” by striking out “If” and inserting in lieu thereof The officer shall contact the department and, if

Eleventh:  In Sec. 2, 33 V.S.A. § 5253(a)(1)(A), by striking out “may have” and inserting in lieu thereof has

Twelfth:  In Sec. 2, 33 V.S.A. § 5255(e), by striking out subdivision (5) and inserting in lieu thereof a new subdivision (5) to read:

(5)(A)  The identity of a noncustodial parent and any relatives known to the department who may be suitable, willing, and available to assume temporary custody of the child.

(B)  With respect to any person whom the department identifies pursuant to this subdivision, the department shall conduct an assessment of the suitability of the person to care for the child.  The assessment shall include consideration of the person’s ability to care for the child’s needs, a criminal records check on the person, and a check of allegations of prior child abuse or neglect by the person or by other adults in the person’s home.  The court may continue the hearing if necessary to permit the department to complete the assessment.

Thirteenth:  In Sec. 2, 33 V.S.A. § 5255(f), after “removal” by adding , custody,

Fourteenth:  In Sec. 2, 33 V.S.A. § 5256(a), after “return” by striking out “in” and inserting in lieu thereof to

Fifteenth:  In Sec. 2, 33 V.S.A. § 5256(b)(1), after “protect the child” by adding and the community

Sixteenth:  In Sec. 2, 33 V.S.A., by striking out § 5258 in its entirety and inserting in lieu thereof a new § 5258 to read as follows:

§ 5258.  PostDisposition Review and Permanency Review for Delinquents in Custody

Whenever custody of a delinquent child is transferred to the commissioner, the custody order of the court shall be subject to a postdisposition review hearing pursuant to section 5320 of this title and permanency reviews pursuant to section 5321 of this title.  At the permanency review, the court shall consider only the permanency goal and whether the department should continue to maintain custody of the child and shall not consider the appropriateness of the particular placement chosen by the department.

Seventeenth:  In Sec. 2, 33 V.S.A., by striking out subchapter 5 in its entirety and inserting in lieu thereof a new subchapter 5 to read as follows:

Subchapter 5.  Youthful Offenders

§ 5281.  MOTION IN DISTRICT COURT

(a)  A motion may be filed in the district court requesting that a defendant under 18 years of age in a criminal proceeding who had attained the age of 10 but not the age of 18 at the time the offense is alleged to have been committed be treated as a youthful offender.  The motion may be filed by the state’s attorney, the defendant, or the court on its own motion.

(b)  Upon the filing of a motion under this section and the entering of a conditional plea of guilty by the youth, the district court shall enter an order deferring the sentence and transferring the case to the family court for a hearing on the motion.  Copies of all records relating to the case shall be forwarded to the family court.  Conditions of release and any department of corrections supervision or custody shall remain in effect until the family court approves the motion for treatment as a youthful offender and orders conditions of juvenile probation pursuant to section 5284 of this title.

(c)  A plea of guilty entered by the youth pursuant to subsection (b) of this section shall be conditional upon the family court granting the motion for youthful offender status. 

(d)(1)  If the family court denies the motion for youthful offender treatment pursuant to subsection 5284 of this title, the case shall be returned to the district court and the youth shall be permitted to withdraw the plea.  The conditions of release imposed by the district court pursuant to subsection (b) of this section shall remain in effect, and the case shall proceed as though the motion for youthful offender treatment had not been made. 

(2)  Subject to Rule 11 of the Vermont Rules of Criminal Procedure and Rule 410 of the Vermont Rules of Evidence, the family court’s denial of the motion for youthful offender treatment and any information related to the youthful offender proceeding shall be inadmissible against the youth for any purpose in the subsequent criminal proceeding in district court.   

§ 5282.  REPORT FROM THE DEPARTMENT

(a)  Within 30 days after the case is transferred to family court, unless the court extends the period for good cause shown, the department shall file a report with the family court.

(b)  A report filed pursuant to this section shall include the following elements:

(1)  A recommendation as to whether youthful offender status is appropriate for the youth.

(2)  A disposition case plan including proposed services and proposed conditions of juvenile probation in the event youthful offender status is approved. 

(3)  A description of the services that may be available for the youth when he or she reaches 18 years of age.

(c)  A report filed pursuant to this section is privileged and shall not be disclosed to any person other than the department, the court, the state’s attorney, the youth, the youth’s attorney, the youth’s guardian ad litem, the department of corrections, or any other person when the court determines that the best interests of the youth would make such a disclosure desirable or helpful.

§ 5283.  HEARING IN FAMILY COURT

(a)  Timeline.  A hearing on the motion for youthful offender status shall be held no later than 35 days after the transfer of the case from district court.

(b)  Notice.  Notice of the hearing shall be provided to the state’s attorney; the youth; the youth’s parent, guardian, or custodian; the department; and the department of corrections.

(c)  Hearing procedure.   

(1)  If the motion is contested, all parties shall have the right to present evidence and examine witnesses.  Hearsay may be admitted and may be relied on to the extent of its probative value.   If reports are admitted, the parties shall be afforded an opportunity to examine those persons making the reports, but sources of confidential information need not be disclosed.

(2)  Hearings under subsection 5284(a) of this title shall be open to the public.  All other youthful offender proceedings shall be confidential.

(d)  The burden of proof shall be on the moving party to prove by a preponderance of the evidence that a child should be granted youthful offender status.  If the court makes the motion, the burden shall be on the youth.

(e)  Further hearing.  On its own motion or the motion of a party, the court may schedule a further hearing to obtain reports or other information necessary for the appropriate disposition of the case.    

§ 5284.  DETERMINATION AND ORDER

(a)  In a hearing on a motion for youthful offender status, the court shall first consider whether public safety will be protected by treating the youth as a youthful offender.  If the court finds that public safety will not be protected by treating the youth as a youthful offender, the court shall deny the motion and return the case to district court pursuant to subsection 5281(d) of this title.  If the court finds that public safety will be protected by treating the youth as a youthful offender, the court shall proceed to make a determination under subsection (b) of this section.

(b)(1)  The court shall deny the motion if the court finds that:

(A)  the youth is not amenable to treatment or rehabilitation as a youthful offender; or

(B)  there are insufficient services in the juvenile court system and the department to meet the youth’s treatment and rehabilitation needs.

(2)  The court shall grant the motion if the court finds that:

(A)  the youth is amenable to treatment or rehabilitation as a youthful offender; or

(B)  there are sufficient services in the juvenile court system and the department to meet the youth’s treatment and rehabilitation needs.

(c)  If the court approves the motion for youthful offender treatment, the court:

(1)  shall approve a disposition case plan and impose conditions of juvenile probation on the youth; and

(2)  may transfer legal custody of the youth to a parent, relative, person with a significant relationship with the youth, or commissioner, provided that any transfer of custody shall expire on the youth’s eighteenth birthday. 

(d)  The department shall be responsible for supervision of and providing services to the youth until he or she reaches the age of 18.  A lead case manager shall be designated who shall have final decision-making authority over the case plan and the provision of services to the youth.  The youth shall be eligible for appropriate community-based programming and services provided by the department.

(e)  The youth shall not be permitted to withdraw his or her plea of guilty after youthful offender status is approved except to correct manifest injustice pursuant to rule 32(d) of the Vermont Rules of Criminal Procedure. 

§ 5285.  Modification or revocation of disposition

(a)  If it appears that the youth has violated the terms of juvenile probation ordered by the court pursuant to subdivision 5284(c)(1) of this title, a motion for modification or revocation of youthful offender status may be filed in family court.  The court shall set the motion for hearing as soon as practicable. The hearing may be joined with a hearing on a violation of conditions of probation under section 5265 of this title.  A supervising juvenile or adult probation officer may detain in an adult facility a youthful offender who has attained the age of 18 for violating conditions of probation.  

(b)  A hearing under this section shall be held in accordance with section 5268 of this title.

(c)  If the court finds after the hearing that the youth has violated the terms of his or her probation, the court may:

(1)  maintain the youth’s status as a youthful offender, with modified conditions of juvenile probation if the court deems it appropriate;

(2)  revoke the youth’s status as a youthful offender status and return the case to the district court for sentencing; or

(3)  transfer supervision of the youth to the department of corrections.

(d)  If a youth’s status as a youthful offender is revoked and the case is returned to the district court under subdivision (c)(2) of this section, the district court shall hold a sentencing hearing and impose sentence.  When determining an appropriate sentence, the district court may take into consideration the youth’s degree of progress toward rehabilitation while on youthful offender status.  The district court shall have access to all family court records of the proceeding.  

§ 5286.  Review prior to the age of 18

(a)  The family court shall review the youth’s case before he or she reaches the age of 18 and set a hearing to determine whether the court’s jurisdiction over the youth should be continued past the age of 18.   The hearing may be joined with a motion to terminate youthful offender status under section 5285 of this title.  The court shall provide notice and an opportunity to be heard at the hearing to the state’s attorney, the youth, the department, and the department of corrections. 

(b)  After receiving a notice of review under this section, the state may file a motion to modify or revoke pursuant to section 5285 of this title.  If such a motion is filed, it shall be consolidated with the review under this section and all options provided for under section 5285 of this title shall be available to the court.

(c)  The following reports shall be filed with the court prior to the hearing:

(1)  The department shall report its recommendations, with supporting justifications, as to whether the family court should continue jurisdiction over the youth offender past the age of 18 and, if continued jurisdiction is recommended, whether the department or the department of corrections should   be responsible for supervision of the youthful offender.

(2)  If the department recommends that the department of corrections be responsible for supervision of the youthful offender past the age of 18, the department shall notify the department of corrections, which shall report on the services which would be available for the youth in the event supervision over him or her is transferred to the department of corrections.  

(d)  If the court finds that it is in the best interest of the youth and consistent with community safety to continue the case past the age of 18, it shall make an order continuing the court’s jurisdiction up to the age of 22.  The order shall specify whether the youth will be supervised by the department or the department of corrections.  Irrespective of which department is specified in the order, the department and the department of corrections shall jointly develop a case plan for the youth and coordinate services and share information to ensure compliance with and completion of the juvenile disposition.

(e)  If the court finds that it is not in the best interest of the youth to continue the case past the age of 18, it shall terminate the disposition order, discharge the youth, and dismiss the case in accordance with section 5287(c) of this title.

§ 5287.  Termination or continuance of PROBATION

(a)  A motion may be filed at any time in the family court requesting that the court terminate the youth’s status as a youthful offender and discharge him or her from probation.  The motion may be filed by the state’s attorney, the youth, the department, or the court on its own motion.  The court shall set the motion for hearing and provide notice and an opportunity to be heard at the hearing to the state’s attorney, the youth, and the department.   

(b)  In determining whether a youth has successfully completed the terms of probation, the court shall consider:

(1)  the degree to which the youth fulfilled the terms of the case plan and the probation order;

(2)  the youth’s performance during treatment;

(3)  reports of treatment personnel; and

(4)  any other relevant facts associated with the youth’s behavior.

(c)  If the court finds that the youth has successfully completed the terms of the probation order, it shall terminate youthful offender status, discharge the youth from probation, and file a written order dismissing the family court case.  The family court shall provide notice of the dismissal to the district court, which shall dismiss the district court case. 

(d)  Upon discharge and dismissal under subsection (c) of this section, all records relating to the case in the district court shall be expunged, and all records relating to the case in the family court shall be sealed pursuant to section 5119 of this title.

(e)  If the court denies the motion to discharge the youth from probation, the court may extend or amend the probation order as it deems necessary.

§ 5288.  Rights of victims in youthful offender proceedings

(a)  The victim in a proceeding involving a youthful offender shall have the following rights:

(1)  To be notified by the prosecutor in a timely manner when a court proceeding is scheduled to take place and when a court proceeding to which he or she has been notified will not take place as scheduled.

(2)  To be present during all court proceedings subject to the provisions of Rule 615 of the Vermont Rules of Evidence and to express reasonably his or her views concerning the offense and the youth.

(3)  To request notification by the agency having custody of the youth before the youth is released from a residential facility.

(4)  To be notified by the prosecutor as to the final disposition of the case.

(5)  To be notified by the prosecutor of the victim’s rights under this section.

(b)  In accordance with court rules, at a hearing on a motion for youthful offender treatment under section 5281 of this title, the court shall ask if the victim is present and, if so, whether the victim would like to be heard regarding disposition.  In ordering disposition, the court shall consider any views offered at the hearing by the victim.  If the victim is not present, the court shall ask whether the victim has expressed, either orally or in writing, views regarding disposition and shall take those views into consideration in ordering disposition.

(c)  No youthful offender proceeding shall be delayed or voided by reason of the failure to give the victim the required notice or the failure of the victim to appear.

(d)  For purposes of this section “victim” shall have the same meaning as in subdivision 5301(4) of Title 13.

Eighteenth: By striking out Sec. 3 in its entirety and inserting in lieu thereof a new Sec. 3 to read:

Sec. 3.  33  V.S.A. chapter 53 is added to read:

CHAPTER 53.  CHILDREN IN NEED OF

CARE OR SUPERVISION  

[RESERVED]

Nineteenth:  By adding a new Sec. 4 to read:

Sec. 4.  13 V.S.A. § 5363(c) is amended to read:

(c)  The restitution unit shall make disbursements from the restitution special fund only to pay restitution obligations arising under section 7043 of this title or 33 V.S.A. § 5262, to support the restitution unit, or pursuant to subsection (d) of this section.

Twentieth:  By adding a new Sec. 5 to read:

Sec. 5.  EFFECTIVE DATE

This act shall take effect on January 1, 2009, except for 33 V.S.A. chapter 52, subchapter 5 (youthful offenders), which shall take effect on July 1, 2008.

and by renumbering the remaining section to be numerically correct.

(Committee vote: 5-0-0)


House Proposal of Amendment to Senate Proposal of Amendment

H. 580

An act relating to terms of members of the Vermont Tobacco Evaluation and Review Board.

The House proposes to the Senate to amend the proposal of amendment further by adding a new Sec. 1a as follows:

Sec. 1a.  TRANSITIONAL PROVISIONS; APPLICATION

This act shall apply to current members of the Vermont tobacco evaluation and review board so that the term of a member who was appointed prior to the effective date of this act shall be deemed to have begun on July 1 of the year in which the appointment was made.

NOTICE CALENDAR

HOUSE BILL TO BE TAKEN UP UNDER RULES SUSPENSION FOR PURPOSE OF RECONSIDERING ACTION PREVIOUSLY TAKEN

H. 737

    An act relating to fiscal year 2008 budget adjustments.

AMENDMENT TO SENATE PROPOSAL OF AMENDMENT TO H. 737 TO BE OFFERED BY SENATOR BARTLETT

Pending reconsideration of passage of the bill, Senator Bartlett moves to amend the Senate proposal of amendment in Sec. 2., in Sec. 5(e) of No. 65 of the Acts of 2007, by striking out the words “seek approval from” and inserting in lieu thereof the words consult with

Favorable

H. 874

An act relating to decomposed municipal budgets.

Reported favorably by Senator White for the Committee on Government Operations.

(Committee vote: 5-0-0)

(No House amendments)

J.R.H. 27

Joint resolution requesting Congress to maximize to the greatest extent possible the federal funding for state transportation construction projects and grant the states the maximum degree of flexibility in prioritization of projects to be financed.

Reported favorably by Senator Scott for the Committee on Transportation.

(Committee vote: 5-0-0)

(For text of resolution, see House Journal for May 2, 2007, page 905; May 8, 2007, page 1235)

J.R.H. 39

Joint Resolution requesting congress to reduce green house gas emissions through the authorization of a 90,000 pound weight limitation for all vehicles with a minimum of five axles traveling on interstate highways in Vermont.

Reported favorably by Senator Collins for the Committee on Transportation.

(Committee vote: 5-0-0)

(For text of resolution, see House Journal for May 10, 2007, page 1291)

Favorable with Recommendation of Amendment

S. 350

An act relating to energy independence and economic prosperity.

Reported favorably with recommendation of amendment by Senator Lyons for the Committee on Natural Resources and Energy.

The Committee recommends that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:

* * * State Agency Energy Plan * * *

Sec. 1.  3 V.S.A. § 2291(c) is amended to read:

(c)  The secretary of administration with the cooperation of the commissioners of public service and of buildings and general services shall develop and oversee the implementation of a state agency energy plan for state government.  The plan shall be adopted by June 30, 2005, modified as necessary, and readopted by the secretary on or before January 15 of each fifth year subsequent to 2005.  The plan shall accomplish the following objectives and requirements:

(1)  To conserve resources, save energy, and reduce pollution.  The plan shall devise strategies to identify to the greatest extent feasible, all opportunities for conservation of resources through environmentally and economically sound infrastructure development, purchasing, and fleet management, and investments in renewable energy and energy efficiency available to the state which are cost effective on a life cycle cost basis.

(2)  To consider state policies and operations that affect energy use.

(3)  To devise a strategy to implement or acquire all prudent opportunities and investments in as prompt and efficient a manner as possible.

(4)  To include appropriate provisions for monitoring resource and energy use and evaluating the impact of measures undertaken.

(5)  To identify education, management, and other relevant policy changes that are a part of the implementation strategy.

(6)  To devise a strategy to reduce greenhouse gas emissions.  The plan shall include steps to encourage more efficient trip planning, to reduce the average fuel consumption of the state fleet, and to encourage alternatives to solo-commuting state employees for commuting and job-related travel.

(7)  To develop a comprehensive program for the cost-effective installation of solar energy equipment on state buildings, pursuant to which the department of public service, working in conjunction with the department of buildings and general services, shall ensure that solar energy equipment is installed no later than October 1, 2010 on all state buildings, state parking facilities, and state-owned swimming pools that are heated with fossil fuels or electricity, where feasible.

(A)  For purposes of this subdivision, it is feasible to install solar energy equipment if adequate space on or adjacent to a building is available, if the solar energy equipment is cost-effective, and if funding is available from the state or another source.

(B)  Any solar energy equipment installed pursuant to this subdivision shall meet applicable standards and requirements imposed by state and local permitting authorities.

(C)  The department of buildings and general services shall establish a schedule designating when solar energy equipment will be installed on each building and facility, with priority given to buildings and facilities where installation is most feasible.

(D)  Solar energy equipment shall be installed, where feasible, as part of the construction of all state buildings and state parking facilities for which construction commences on or after October 1, 2010.

(E)  The department of buildings and general services, in consultation with the department of public service, may adopt policies and procedures for the purposes of this subdivision.

(F)  For purposes of this subdivision, the following terms have the following meanings:

(i)  “Cost-effective” means that the present value of the savings generated over the life of the solar energy system, including consideration of the value of the energy produced during peak and off-peak demand periods and the value of a reliable energy supply not subject to price volatility, exceeds the present value cost of the solar energy equipment by not less than 10 percent. The present value cost of the solar energy equipment does not include the cost of unrelated building components.  The department, in making the present value assessment, shall obtain interest rates, discount rates, and consumer price index figures from the state treasurer, and shall take into consideration air emission reduction benefits and the value of stable energy costs.

(ii)  “Solar energy equipment” means equipment the primary purpose of which is to provide for the collection, conversion, storage, or control of solar energy for the purpose of heat production, electricity production, or simultaneous heat and electricity production, or for the purpose of limiting the extent to which the building is heated by the sun.  Equipment used for limiting solar gain shall include shades and curtains, certain window film, and turf roofs.

* * * Agency of Agriculture, Food and Markets * * *

Sec. 2.  6 V.S.A. § 1(c),(d), and (e) are added to read:

(c)  The secretary shall provide data and funding recommendations to the Vermont resource trust with regard to:

(1)  Funding and implementing the natural resources conservation service (NRCS) grassland reserve program in order to increase carbon sequestration.

(2)  Providing cost-share assistance for farmers to purchase manure injection equipment to retrofit existing manure spreaders or purchase new equipment.

(3)  Providing cost-share assistance for farms to develop and implement nutrient management plans for smaller dairy farms and continuing to provide annual assistance so that existing plans on medium-sized farms continue to be implemented.

(4)  Providing cost-share assistance under the farm agronomic practices program so that farms implement cover crops and other soil erosion and land cover practices.

(5)  Other ways to create incentives for carbon sequestration on farm and forest land, Vermont’s “green bank.”

(d)  The secretary shall continue the agency’s methane capture program and shall collaborate with the Vermont resource trust with regard to the availability of additional funds for these purposes.  The goal of the methane digester portion of the program shall be to digest and use 15 percent of the state’s dairy cattle manure by 2012, and 50 percent by 2028.  The goal of a second aspect of this emissions reduction program shall be to increase the percentage of manure composted on poultry and on appropriate livestock farms to 25 percent by 2012, and 50 percent by 2028. 

(e)  The secretary shall develop recommendations for measures to reduce the loss and fragmentation of primary agricultural soils located in rural areas.  The state’s goal is to reduce the rate at which agricultural lands are converted to development by 25 percent by 2012 and to reduce that rate by 50 percent by 2020. 

* * * Air Quality * * *

Sec. 3.  10 V.S.A. § 552 is amended to read:

§ 552.  DEFINITIONS

As used in this chapter:

* * *

(11)  “Greenhouse gas” means any chemical or physical substance that is emitted into the air and that the secretary may reasonably anticipate to cause or contribute to climate change, including, but not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

Sec. 4.  10 V.S.A. § 580 is added to read:

§ 580.  GREENHOUSE GAS INVENTORIES; REGISTRY

(a)  Inventory and forecasting.  The secretary shall work, in conjunction with other states or a regional consortium, to establish a periodic, consistent, and complete inventory of greenhouse gas emissions and sinks, and an accompanying forecast of future greenhouse gas emissions in at least five- and ten-year increments, out to the year 2030.  The initial version of this inventory shall be published by no later than July 1, 2009, and updates shall be published triennially thereafter.  The forecast shall reflect projected growth, as well as the implementation of scheduled policy initiatives.  The inventory shall reflect all natural- and human-caused emissions generated within the state, as well as emissions associated with energy imported and consumed in the state.  The secretary shall consult with the Vermont resource trust with regard to the trust providing funding to assist in implementation of this section.

(b)  Emissions reporting.  By no later than January 15, 2009, the secretary shall develop rules to require, in phases, the reporting and verification of statewide greenhouse gas emissions and to monitor and eventually enforce compliance with this program.  The requirements shall include provisions for owner reporting according to an accessible and easy-to-understand format that will yield information with regard to all greenhouse gas emissions in a type and format that a regional registry can accommodate.  In addition, the rules shall:

(1)  Require the monitoring and annual public reporting of greenhouse gas emissions from all significant sources beginning with the sources or categories of sources that contribute the most to statewide emissions.  Reporting should be required on an organization-wide basis within the state, as well as on a significant-emitter-by-significant-emitter basis.  At any time before an entity is subject to reporting requirements under the rules, the entity shall be allowed to report emissions associated with its own activities and with any programs it may implement in order to reduce its emissions.

(2)  Account for greenhouse gas emissions from all electricity consumed in the state, including transmission and distribution line losses from electricity generated within the state or imported from outside the state.

(3)  Ensure rigorous and consistent accounting of emissions, and provide reporting tools and formats to ensure collection of necessary data.  Emission reports shall be verified through self-certification and shall be subject to spot checks by the department of environmental conservation; however, in order to qualify for future registry purposes, reports should undergo third party verification.  Reporting of emissions from greenhouse gas reduction projects shall qualify for reporting when they are identified as such and adhere to equally rigorous quantification standards.

(4)  Ensure that major greenhouse gas emission sources maintain comprehensive records of all reported greenhouse gas emissions.

(c)  Registry.  The secretary shall work, in conjunction with other states or a regional consortium, to establish a regional or national greenhouse gas registry that allows for the greatest possible flexibility in order to accommodate the range of greenhouse gas mitigation approaches that are likely to evolve.

(1)  The registry shall be designed to apply to the entire state and to as large a geographic area beyond state boundaries as is possible.

(2)  It shall accommodate as broad an array of sectors, sources, facilities and approaches as is possible, and shall allow sources to start as far back in time as is permitted by good data, affirmed by third-party verification.

(3)  It shall accommodate registration of project-based reductions or “offsets” that are equally rigorously quantified.

(4)  It shall incorporate safeguards adequate to ensure that reductions are not double-counted by multiple registry participants, and to ensure appropriate transparency.

(5)  The state and its political subdivisions shall be able to participate in the registry for purposes of registering reductions associated with their programs, direct activities, or efforts, including the registration of emission  reductions associated with the stationary and mobile sources they own, lease, or operate.  Similarly, the state and its political subdivisions should be allowed

to participate in emission trading if and when such a program is developed and authorized. 

(d)  Rules.  The secretary may adopt rules to implement the provisions of this section and shall review existing and proposed international, federal, and state greenhouse gas emission reporting programs and make reasonable efforts to promote consistency among the programs established pursuant to this section and other programs, and to streamline reporting requirements on greenhouse gas emission sources.  Nothing in this section shall limit a state agency from adopting any rule within its authority.

* * * Pollution Abatement Facilities * * *

Sec. 5.  10 V.S.A. § 1278(a) is amended to read:

 (a)  Findings.  The general assembly finds that the state shall protect Vermont’s lakes, rivers, and streams from pollution by implementing programs to prevent sewage spills to Vermont waters and by requiring emergency planning to limit the damage from spills which do occur.  In addition, the general assembly finds it to be cost-effective and generally beneficial to the environment to continue state efforts to ensure energy efficiency in the operation of treatment facilities.

* * * Solid Waste Planning * * *

Sec. 6.  10 V.S.A. § 6604(a) and (c) are amended to read:

(a)  No later than April 30, 1988 the secretary shall publish and adopt, after notice and public hearing pursuant to chapter 25 of Title 3, a solid waste management plan which sets forth a comprehensive state-wide strategy for the management of waste, including whey.  No later than July 1, 1991, the secretary shall publish and adopt, after notice and public hearing pursuant to chapter 25 of Title 3, a hazardous waste management plan, which sets forth a comprehensive statewide strategy for the management of hazardous waste.

(1)(A)  The plans shall be based upon the following priorities, in descending order:

(A)(i)  the greatest feasible reduction in the amount of waste generated;

(B)(ii)  reuse and recycling of waste to reduce to the greatest extent feasible the volume remaining for processing and disposal;

(C)(iii)  waste processing to reduce the volume or toxicity of the waste stream necessary for disposal;

(D)(iv)  land disposal of the residuals.

(B)  Processing and disposal alternatives shall be preferred which do not foreclose the future ability of the state to reduce, reuse and recycle waste. In determining feasibility, the secretary shall evaluate alternatives in terms of their expected life-cycle costs.

(2)  The plans shall be revised at least once every five years and shall include:

(A)  methods to reduce and remove material from the waste stream, including commercially generated and other organic wastes, used clothing, and construction and demolition debris, and to separate, collect, and recycle, treat or dispose of specific waste materials that create environmental, health, safety, or management problems, including, but not limited to, tires, batteries, obsolete electronic equipment, and unregulated hazardous wastes.  These portions of the plans shall include strategies to assure recycling in the state, and to prevent the incineration or other disposal of marketable recyclables.  They shall consider both the current solid waste stream and its projected changes, and shall be based on:

(i)  an analysis of the volume and nature of wastes generated in the state, the sources of those wastes, and the current fate or disposition of those wastes;

(ii)  an assessment of the feasibility and cost of recycling each type of waste, including an assessment of the feasibility of providing the option of single source recycling;

(iii)  a survey of existing and potential markets for each type of waste that can be recycled;

(B)  a proposal for the development of facilities and programs necessary at the state, regional or local level to achieve the priorities identified in subdivision (a)(1) of this section.  Particular consideration shall be given to the need for additional regional or local composting facilities, the need to expand the collection of commercially generated organic wastes, and the cost effectiveness of developing single stream waste management infrastructure adequate to serve the entire population, which may include material recovery centers.  These portions of the plan shall be based, in part, on an assessment of the status, capacity, and life expectancy of existing treatment and disposal facilities, and they shall include siting criteria for waste management facilities, and shall establish requirements for full public involvement.

(3)  A goal of the plans shall be to reach a per-capita diversion rate of 35 percent by 2012 and 50 percent by 2028.   The effectiveness of the plans shall be assessed no less frequently than every three years, with regard to progress in meeting these goals, and they shall be revised to be more aggressive if trends indicate the goals may not be met, with consideration given to instituting additional waste diversion measures, including the establishment of a

source-separated organics waste program and disallowing the landfilling of organic wastes.

(c)  The secretary shall hold public hearings, perform studies as required, conduct ongoing analyses, develop and promote prototype residential and commercial waste prevention programs, develop sector-specific waste minimization strategies in conjunction with affected parties and local communities, develop a statewide communications portal that will promote and keep citizens aware of effective waste reduction and minimization initiatives, and make recommendations to the general assembly with respect to the development of accessible, cost-effective and sustainable policies, strategies and educational and media campaigns that will promote cultural and behavioral changes across the state, leading to a reduction of the waste stream.  In this process, the secretary shall consult with manufacturers of commercial products and of packaging used with commercial products, retail sales enterprises, health and environmental advocates, waste management specialists, the general public, and state agencies.  The goal of the process is to ensure that packaging used and products sold in the state are not an undue burden to the state’s ability to manage its waste.  The secretary shall work with solid waste management districts to determine if cost‑effective engineering support could be provided to businesses wishing to reduce packaging and shipping material costs and shall seek voluntary changes on the part of the industrial and commercial sector in both their practices and the products they sell, so as to serve the purposes of this section.  In this process, the secretary shall encourage manufacturers to assure that end-of-life management solutions for their products are reasonable and consistent with the goal of reducing the environmental impact of waste.  The secretary may obtain voluntary compliance schedules from the appropriate industry or commercial enterprise, and shall entertain recommendations for alternative approaches.  The secretary shall report at the beginning of each biennium to the general assembly, with any recommendations or options for legislative consideration.

* * *

* * * Transportation * * *

Sec. 7.  19 V.S.A. § 10b is amended to read:

§ 10b.  STATEMENT OF POLICY; GENERAL

(a)  The agency shall be the responsible agency of the state for the development of transportation policy.  It shall develop a mission statement to reflect state transportation policy encompassing all modes of transportation, developing and adhering to performance standards which address the need for transportation projects that will improve the state’s economic infrastructure, as well as the use of resources in efficient, coordinated, cost effective, and environmentally sound ways.  The overall scoping of agency projects shall include a cost-benefit analysis weighing conservation factors, efficiency opportunities, and congestion mitigation strategies.  Transportation development shall be managed and executed toward specific performance standards to reduce vehicular miles traveled and toward increasing public transportation ridership.  The agency shall coordinate education efforts with those of the Vermont resource trust established under 30 V.S.A. § 236 and those of local and regional planning entities to address conservation and efficiency opportunities and practices in local and regional transportation, and to support employer or local or regional government-led conservation, efficiency, rideshare, and bicycle programs and other innovative transportation advances, especially employer-based incentives.

(b)  In developing the state’s annual transportation program, the agency shall, consistent with the planning goals listed in 24 V.S.A. § 4302 as amended by No. 200 of the Acts of the 1987 Adj. Sess. (1988) and with appropriate consideration to local, regional, and state agency plans:

(1)  Develop or incorporate designs that provide safe and efficient transportation and promote economic opportunities for Vermonters and the best use of the state’s environmental and historic resources. 

(2)  Manage available funding to:

(A)  give priority to preserving the functionality of the existing transportation infrastructure; and

(B)  adhere to credible project delivery schedules.

* * *

Sec. 8.  19 V.S.A. § 10e is amended to read:

§ 10e.  STATEMENT OF POLICY; RAILROADS

(a)  The general assembly recognizes that rail service, both passenger and freight, is an integral part of the state’s transportation network. Accordingly, it is hereby declared to be the policy of the state of Vermont:

(1)  to To provide opportunities for rail passenger services by cooperating with the federal government, other states, and providers of those services, with priority to be given to the services likely to complement Vermont’s economic development efforts and meet the needs of the traveling public;.  It is a goal of the state to increase passenger rail use within the state by 100 percent by 2018 and by 200 percent by 2028.

(2)  to To preserve and modernize for continued freight railroad service those railroad lines, both within the state of Vermont and extending into adjoining states, which directly affect the economy of the state or provide connections to other railroad lines which directly affect the economy of the state;.  It is a goal of the state to increase the use of rail freight within the state by 50 percent by 2018 and by 100 percent by 2028.

(3)  in In those cases where continuation of freight railroad service is not economically feasible under present conditions, to preserve established railroad rights-of-way for future reactivation of railroad service, trail corridors, and other public purposes not inconsistent with future reactivation of railroad service; and.

(4)  to To seek federal aid for rail projects that implement this section’s policy goals.

(5)  To maintain and improve intercity bus and rail and freight and commuter rail services, and the necessary intermodal connections, and to increase the efficiency of equipment and the extent to which equipment selection and operation can limit or avoid the emission of greenhouse gases.

(6)  To plan to accommodate increased ridership with city‑to‑city and commuter rail service.

(b)  To complement the regular maintenance efforts of the lessee/operators of state-owned railroads, taking into account each line’s long-term importance to the state’s transportation network, economic development, the resources available to the lessee/operator and relevant provisions of leases and other agreements, the agency may develop programs to assist in major rehabilitation or replacement of obsolete bridges, structures, rails, and other fixtures. 

Sec. 9.  19 V.S.A. § 10f is amended to read:

§ 10f.  STATEMENT OF POLICY; PUBLIC TRANSPORTATION

(a)  It shall be the state’s policy to make maximum use of available federal funds for the support of public transportation.  State operating support funds shall be included in agency operating budgets to the extent that funds are available. It shall be the state’s policy to support the maintenance of existing public transportation services and the creation of new service that is accessible and affordable to those who use these services.

(b)  The agency of transportation shall develop and periodically update a plan for investment in public transportation services and infrastructure as part of an integrated transportation system consistent with the goals established in 24 V.S.A. § 5083, and regional transportation development plan proposals and regional plans as required by 24 V.S.A. § 5089.

(1)  The plan shall include components that shall coordinate rideshare, public transit, park and ride, interstate, and bicycle and pedestrian planning and investment at the state, regional, and local levels, and create or expand regional connections within the state, in order to maximize interregional ridesharing and access to public transit.

(2)  The agency shall develop and make available to the traveling public a statewide geographic information system (GIS) database that coordinates all transportation options, facilities, and programs, and that provides web-based access to all modes of transportation and all inter-connection opportunities.

Sec. 10.  19 V.S.A. § 2310 is amended to read:

§ 2310.  PAVEMENT OF HIGHWAY SHOULDERS

(a)  Notwithstanding the provisions of section 10c of this title, it is the policy of the state to provide paved shoulders on major state highways with the intent to develop an integrated bicycle route system and to make it easier and safer for pedestrian traffic.  This shall not apply to the interstate highway and certain other limited access highways.

(b)  Any construction, or reconstruction, including upgrading and resurfacing projects on these highways, shall include paved shoulders unless the agency deems certain sections to be cost prohibitive maintain or improve existing access and road surface conditions for bicycles and pedestrians along the shoulders of these highways.

* * * Municipal Ordinances * * *

Sec. 11.  24 V.S.A. § 2291a is added to read:

§ 2291a.  CLOTHESLINES

Notwithstanding any provision of law to the contrary, no municipality, by ordinance, resolution, or other enactment, shall prohibit or have the effect of prohibiting the installation of clotheslines.  This section shall not apply to patio railings in condominiums, cooperatives, or apartments.

* * * Zoning * * *

Sec. 12.  24 V.S.A. § 4413(g) is added to read:

(g)  Notwithstanding any provision of law to the contrary, a bylaw adopted under this chapter shall not prohibit or have the effect of prohibiting the installation of clotheslines.

Sec. 13.  24 V.S.A. § 4414 is amended to read:

§ 4414.  ZONING; PERMISSIBLE TYPES OF REGULATIONS

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.

* * *

(14)  Green building incentives.  A municipality may encourage the use of low‑embodied energy in construction materials, planned neighborhood developments that allow for reduced use of fuel for transportation, and increased use of renewable technology by providing for reduced permit review or increased density, or both, for:

(A)  homes that meet standards established in the Vermont builds greener program–leadership in energy and environmental design (LEED) for homes, or similar programs;

(B)  commercial or industrial buildings that meet significantly advanced construction standards for efficiency, as described in LEED, or other applicable advanced construction efficiency standards that address issues such as building size, use of renewable energy sources, compact development patterns, proximity to services, minimizing energy in transporting materials, use of local resources, use of embodied energy, and the use of comprehensive analytical tools that will result in structures and usage patterns that require less energy.

* * * Covenants * * *

Sec. 14.  27 V.S.A. § 544 is added to read:

§ 544.  CLOTHESLINES

(a)  No deed restrictions, covenants, or similar binding agreements running with the land shall prohibit or have the effect of prohibiting clotheslines from being installed on buildings erected on the lots or parcels covered by the deed restrictions, covenants, or binding agreements.  A property owner may not be denied permission to install clotheslines by any entity granted the power or right in any deed restriction, covenant, or similar binding agreement to approve, forbid, control, or direct alteration of property with respect to residential dwellings not exceeding three stories in height.

(b)  In any litigation arising under the provisions of this section, the prevailing party shall be entitled to costs and reasonable attorney’s fees.

(c)  The legislative intent in enacting this section is to protect the public health, safety, and welfare by encouraging the development and use of renewable resources in order to conserve and protect the value of land, buildings, and resources by preventing the adoption of measures which will have the ultimate effect, however unintended, of driving the costs of owning and operating commercial or residential property beyond the capacity of private owners to maintain.  This section shall not apply to patio railings in condominiums, cooperatives, or apartments.

* * * Combined Heat and Power * * *

Sec. 15.  30 V.S.A. § 202(i) is added to read:

(i)  It shall be a goal of the electrical energy plan to assure, by 2028, that at least 60 MW of power are generated within the state by combined heat and power (CHP) facilities powered by renewable fuels.  In order to meet this goal, the plan shall include incentives for development and strategies to identify locations in the state that would be suitable for CHP.  The plan shall include strategies to assure the consideration of CHP potential during any process related to the expansion of natural gas services in the state.

* * * Public Service Board * * *

Sec. 16.  30 V.S.A. § 209(b) is amended to read:

(b)  The provisions of section 218 of this title notwithstanding, the public service board shall, under sections 803-804 of Title 3, adopt rules applicable to companies subject to this chapter which:

* * *

(2)  Regulate or prescribe the grounds upon which the companies may disconnect or refuse to reconnect service to customers; and

(3)  Regulate and prescribe reasonable procedures used by companies in disconnecting or reconnecting services and billing customers in regard thereto; and

(4)  Encourage the in-state deployment of farm biogas energy systems by authorizing contributions in aid of construction for electric service extensions to farms, as necessary to ensure the economic viability of farm biogas systems that utilize on-farm manure as the primary input, with the costs of those line extensions included in rates.  The rules shall include standards regarding the length of line extensions that may be eligible for assistance, and may relate the length of an eligible line extension to the size of a particular facility.

Sec. 17.  30 V.S.A. § 218(e) is added to read:

(e)  The board shall allow a company to recover a premium on the allowed return on equity for the company’s investment in new renewable energy generation or new combined heat and power projects located in Vermont.

* * * Least-Cost Planning * * *

Sec. 18.  30 V.S.A. § 218c(a) is amended to read:

(a)(1)  A “least cost integrated plan” for a regulated electric or gas utility is a plan for meeting 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, through a strategy combining investments and expenditures on energy supply, transmission and distribution capacity, transmission and distribution efficiency, and comprehensive energy efficiency programs.  Economic costs shall be determined with due regard to the information developed under the provisions of 10 V.S.A. § 580, establishing a greenhouse gas registry, to the state’s progress in meeting its greenhouse gas reduction goals, and to the value of the financial risks associated with greenhouse gas emissions from various power sources.

* * *

* * * Cap and Trade Program * * *

Sec. 19.  30 V.S.A. § 255 is amended to read:

§ 255.  REGIONAL COORDINATION TO REDUCE GREENHOUSE

     GASES

(a)  Legislative findings.  The general assembly finds:

(1)  There is a growing scientific consensus that the increased anthropogenic emissions of greenhouse gases are enhancing the natural greenhouse effect, resulting in changes in the earth’s climate.

(2)  Climate change poses serious potential risks to human health and terrestrial and aquatic ecosystems globally, regionally, and in Vermont.

(3)  A carbon constraint on fossil fuel-fired electricity generation and on other forms of fossil fuel consumption and the development of a CO2 allowance trading mechanism will create a strong incentive for the creation and deployment of more efficient fuel-burning technologies, renewable resources, and end-use efficiency resources and will lead to lower dependence on imported fossil fuels.

(4)  Absent federal action, a number of states are taking actions to work regionally to reduce power sector carbon emissions.

(5)  Vermont has joined with at least six other states to design the Regional Greenhouse Gas Initiative (RGGI), and, in 2005, Vermont’s governor signed a memorandum of understanding (MOU) signaling Vermont’s intention to develop rules and programs to participate in RGGI.

(6)  It is crucial to manage Vermont’s implementation of RGGI and its consumption of fossil fuels for transportation, residential and commercial heating, and industrial processes, so as to maximize the state’s contribution to lowering carbon emissions while:

(A)  minimizing impacts on electric system reliability and unnecessary costs to Vermont power consumers;

(B)  assuring transportation needs are able to be met at affordable prices;

(C)  assuring the availability of adequate space heat and processing heat for residential, commercial, and industrial purposes.

(7)  The accelerated deployment of low-cost thermal and electrical energy efficiency, and the strategic use of low- and zero-carbon generation, the selective use of switching fuel sources, and the design and use of systems that limit vehicular miles travelled and increase vehicular efficiency, are the best means to achieve these goals.

(8)  It is crucial that funds made available from operation of a regional carbon credits cap and trade system be devoted to the benefit of Vermont power consumers through investments in a strategic portfolio of energy efficiency and low-carbon generation resources.

(b)  Cap and trade program creation.

(1)  The agency of natural resources and the public service board shall, through appropriate rules and orders, establish a carbon cap and trade program that will limit and then reduce the total carbon emissions released:

(A)  by major electric generating stations that provide electric power to Vermont utilities and end-use customers;

(B)  for transportation purposes;

(C)  for space and process heating purposes

(2)  Vermont rules and orders establishing a carbon cap and trade program shall be designed initially so as to permit the holders of carbon credits to trade them in a regional market proposed to be established through the RGGI.  The program shall be expanded to address the carbon sources not covered by RGGI, in coordination with efforts in other states, shall rely upon auctions to determine allocations of permits for substantial sources of carbon, shall be designed to strengthen linkages between greenhouse gas reduction policies and other established programs such as RGGI, and shall pursue recognizing more nonelectric sector initiatives as RGGI offsets.  Consideration shall be given to allowing the trading of credits among RGGI-certified state greenhouse gas cap and trade programs. 

(c)  Allocation of tradable carbon credits.

(1)  The secretary of natural resources, by rule, shall establish a set of annual carbon budgets for emissions associated with the electric power sector in Vermont consistent with the 2005 RGGI MOU, including any amendments to that MOU, and on a reciprocal basis with the other states participating in the RGGI process.  Similarly, the secretary, by rule, shall establish a set of annual carbon budgets for emissions associated with transportation, space heating, and industrial processes.

(2)  In order to provide the maximum long-term benefit to Vermont electric consumers, particularly benefits that will result from accelerated and sustained investments in energy efficiency and other low-cost, low-carbon power system, transportation system, and other investments, the public service board, by rule or order, shall establish a process to allocate 100 percent of the Vermont statewide budget of tradable power sector carbon credits and the proceeds from the sale of those credits through allocation to one or more trustees acting on behalf of consumers in accordance with the following principles.  To the extent feasible, the allocation plan shall accomplish the following goals:

(A)  minimize windfall financial gains to power generators and other consumers of fossil fuels as a result of the operation of the cap and trade program, considering both the costs that power generators and other consumers of fossil fuels may incur to participate in the program and any power revenue increases they are likely to receive as a result of changes in regional power markets;

(B)  employ an administrative structure that will enable program managers to perform any combination of holding, banking, and selling carbon credits in regional, national, and international carbon credit markets in a financially responsible and market-sensitive fashion, and provide funds to defray the reasonable costs of the program trustee or trustees and Vermont’s pro-rata share of the costs of the RGGI regional organization and of any other regional cap and trade organization;

(C)  optimize the revenues received from the management and sale of carbon credits for the benefit of Vermont electric customers, fossil fuel consumers, and the Vermont economy;

(D)  minimize any incentives from operation of the cap and trade program for Vermont utilities or fossil fuel consumers to increase the overall carbon emissions associated with serving their customers;

(E)  build upon existing regulatory and administrative structures and programs that lower power, transportation, and heating costs, improve efficiency, and lower the state’s carbon profile of the state’s power supply while minimizing adverse impacts on electric system reliability and unnecessary costs to Vermont power consumers, assuring transportation needs are able to be met at affordable prices, and assuring the availability of adequate space heat and processing heat for residential, commercial, and industrial purposes;

(F)  ensure that carbon credits allocated under the RGGI portion of this program and revenues associated with their sale remain power system assets managed for the benefit of electric consumers, particularly benefits that will result from accelerated and sustained investments in energy efficiency and other low-cost, low-carbon power system investments, and ensure that carbon credits allocated under the other portions of the program and the associated revenues remain assets managed for the benefit of transportation consumers and consumers of space heat and process heat;

(G)  where practicable, support efforts recommended by the agency of natural resources or the department of public service to stimulate or support investment in the development of innovative power sector carbon emissions abatement technologies that have significant carbon reduction potential.

(d)  Appointment of consumer trustees.  The public service board, by rule, order, or competitive solicitation, may appoint one or more consumer trustees to receive, hold, bank, and sell tradable carbon credits created under this program.  Trustees may include Vermont electric distribution utilities, the fiscal agent collecting and disbursing funds to support the statewide efficiency utility, or a financial institution or other entity with the expertise and financial resources to manage a portfolio of carbon credits for the long-term benefit of Vermont consumers.

(e)  Reports.  By January 15 of each year, commencing in 2007, the department of public service in consultation with the agency of natural resources and the public service board shall provide to the house and senate committees on natural resources and energy, the senate committee on finance, and the house committee on commerce a report detailing the implementation and operation of RGGI, the implementation and operation of the expanded cap and trade program, and the revenues collected and the expenditures made under this section, together with recommended principles to be followed in the allocation of funds.

(f)  Program expansion.  The agency of natural resources and the public service board shall endeavor to coordinate with surrounding states the timing of the program expansion under this section, or the establishment of a separate cap and trade program for greenhouse gas emissions that are not subject to RGGI.

Sec. 20.   VERMONT RESOURCE TRUST

(a)  The Vermont resource trust is established, to consist of nine members who shall not be members of the general assembly at the time of appointment.  Members shall include the state treasurer together with one member appointed by the speaker of the house, one member appointed by the committee on committees, and two members appointed by the governor, one of whom shall be a board member of the Vermont climate collaborative.  In addition, there shall be a chair and a vice chair appointed by joint action of the speaker of the house, the committee on committees, and the governor, and two additional public members appointed in this manner.  Members shall be appointed who have skills and knowledge that will support the needs of the trust, which may include persons with knowledge of business, “green” business and technology, economics, public health, public utilities, ecological science, carbon trading, transportation and land use planning and development, forestry and ecology, waste management, and education. 

(b)  The powers of the trust are vested in its members, and a quorum shall consist of five members.  No action of the trust shall be considered valid unless the action is supported by a majority vote of its members.  The trust shall be entitled to staff assistance from the natural resources board and from the agency of natural resources, which shall coordinate any requested assistance from state agencies and departments.  The trust shall invite public input, form task forces, work with stakeholder groups and state entities, work with local, state-based, and national interest groups, and take other appropriate steps to gather information and develop its recommendations.

(c)  The primary mission of the trust shall be:

(1)  to identify barriers to be overcome in reducing the greenhouse gas emissions of the state;

(2)  to identify areas that merit priority consideration in this regard because of their ease of implementation and their potential to reduce greenhouse gas emissions;

(3)  to develop recommendations for ways to overcome those barriers;

(4)  to identify resource needs and funding options; and

(5)  to facilitate state and private entities in addressing these issues.

(d)  In this process, the trust shall consider the recommendations of the governor’s commission on climate change and its plenary group, the recommendations of the Vermont council on rural development, and other approaches, and shall work with the Vermont climate collaborative and other interested persons and groups.

(e)  The trust shall present an initial report to the general assembly by no later than January 5, 2009, and biennially thereafter.  The report shall include any recommendations for whether the trust shall continue to exist subsequent to submitting its report, and proposed legislative language, if necessary.

* * * State Treasurer * * *

Sec. 21.  32 V.S.A. § 433(d) is added to read:

(d)  In a manner consistent with the guidelines developed under this section, the treasurer may invest in projects that are eligible under the clean energy development fund established under 10 V.S.A. § 6523 and in other appropriate mechanisms in order to promote investment in innovative and profitable clean technology businesses and industries in the state.  The treasurer shall give particular attention to investments that would:  generate attractive returns both in the short term and long term; leverage significant and positive interest in the private sector venture capital markets; create jobs and economic growth in clean energy and technology industries in Vermont; and promote greater energy independence and environmental protection for the state.

* * * Appraised Value of Energy Measures * * *

Sec. 22.  32 V.S.A. § 3481 is amended to read:

§ 3481.  DEFINITIONS

The following definitions shall apply in this Part and chapter 101 of this title, pertaining to the listing of property for taxation:

(1)  “Appraisal value” shall mean, :

(A)  with respect to property enrolled in a use value appraisal program, the use value appraisal as defined in subdivision 3752(12) of this title, multiplied by the common level of appraisal, and with respect to all other property, the estimated fair market value.  The estimated fair market value of a property is the price which the property will bring in the market when offered for sale and purchased by another, taking into consideration all the elements of the availability of the property, its use both potential and prospective, any functional deficiencies, and all other elements such as age and condition which combine to give property a market value.  Those elements shall include a consideration of a decrease in value in nonrental residential property due to a housing subsidy covenant as defined in section 610 of Title 27, or the effect of any state or local law or regulation affecting the use of land, including but not limited to chapter 151 of Title 10 or any land capability plan established in furtherance or implementation thereof, rules adopted by the state board of health and any local or regional zoning ordinances or development plans.  In determining estimated fair market value, the sale price of the property in question is one element to consider, but is not solely determinative.

(B)  For residential rental property that is subject to a housing subsidy covenant or other legal restriction, imposed by a governmental,

quasi-governmental, or public purpose entity, on rents that may be charged, fair market value shall be determined by an income approach using the following elements:

(A)(i)  market rents with utility allowance adjustments for the geographic area in which the property is located as determined by the federal office of Housing and Urban Development or in the case of properties authorized under 42 U.S.C. § 1437, 12 U.S.C. § 1701q, 42 U.S.C. § 1485, 12 U.S.C. § 1715z-1, 42 U.S.C. § 1437f, and 24 CFR Part 882 Subpart D and E, the higher of contract rents (meaning the amount of federal rental assistance plus any tenant contribution) and HUD market rents;

(B)(ii)  actual expenses incurred with respect to the property which shall be provided by the property owner in a format acceptable to the commissioner and certified by an independent third party, such as a certified public accounting firm or public or quasi-public funding agency;

(C)(iii)  a vacancy rate that is 50 percent of the market vacancy rate as determined by the United States Census Bureau with local review by the Vermont housing finance agency; and

(D)(iv)  a capitalization rate that is typical for the geographic area determined and published annually prior to April 1 by the division of property valuation and review after consultation with the Vermont housing finance agency.

(C)  “Appraisal value” shall not include the value of renewable energy and energy efficiency components in or on a building.  “Value of renewable energy and energy efficiency components” means the original cost of, and installation charges for, any or all of the following:

(i)  Replacement of existing windows with energy efficient windows.

(ii)  Replacement of energy inefficient hot water heaters with energy efficient heaters.

(iii)  Replacement or addition of insulation and curtains or shades with high insulating characteristics.

(iv)  Sealing of basements for purposes of energy efficiency.

(v)  Addition of storm windows and storm doors.

(vi)  Placement of solar photovoltaic systems and solar water and space heating systems and any related equipment.

(vii)  Erection of wind turbines and related equipment;

(ix)  Installation of geothermal space and water heating systems;

(x)  Installation of hydropower equipment;

(xi)  Installation of fuel cells that rely on renewable fuels;

(xii)  Replacement of inefficient energy heating systems with efficient systems.

Sec. 23.  APPLICABILITY OF APPRAISAL SECTION

Sec. 22, amending 32 V.S.A. § 3481 (exclusion of energy efficiency components from tax appraisal value), shall apply to energy efficiency components incorporated into or added to any building and completed on or after April 1, 2009.

* * *  Weatherization Program * * *

Sec. 24.  33 V.S.A. § 2502(b) is amended to read:

(b)  In addition, the director shall supplement, or supplant, any federal program with a state home weatherization assistance program providing:

* * *

(3)  funding for the installation of solar domestic hot water systems on eligible homes.

* * * Methane Digesters * * *

Sec. 25.  REGIONAL DAIRY METHANE DIGESTERS

(a)  The secretary of agriculture, food and markets, in conjunction with the commissioner of public service, shall seek federal funding to evaluate the potential for manure management centers at potential sites for regional dairy bio-digesters.  In particular, the initiative shall examine the technical and economic feasibility of collecting dairy waste, transporting it, digesting it to produce energy, and returning digested manure to participating farms.

(b)  The secretary of natural resources shall review and make appropriate regulatory revisions or recommend appropriate statutory amendments to its regulatory programs that may be preventing the use of wastes, such as food processing wastes, whey, and brewers’ waste, in farm-based methane digester systems.

(Committee vote: 4-1-0)

Committee Bill for Notice

S. 363

An act relating to workers’ compensation in agriculture.

By the Committee on Agriculture.

ORDERED TO LIE

S. 70

An act relating to empowering municipalities to regulate the application of pesticides within their borders.

PENDING ACTION:  Second reading of the bill.

S. 102

An act relating to decreasing the percentage to determine a school district’s excess spending.

PENDING QUESTION:  Second reading of the bill.

S. 118

An act relating to fiscal review of high spending districts and special education.

PENDING ACTION:  Second reading of the bill.

J.R.S. 24

Joint resolution relating to the federal “fast track” process for congressional review of international trade agreements.

PENDING ACTION:  Second reading of the resolution.


Concurrent Resolutions for Notice

(For text of Resolutions, see Addendum to February 28, 2008 Calendar)

     The following concurrent resolutions have been introduced for approval by the Senate and House and will be adopted automatically unless a Senator or Representative requests floor consideration before the end of the session of the next legislative day.  Requests for floor consideration in either chamber should be communicated to the Secretary’s office and/or the House Clerk’s office, respectively.

S.C.R. 34

     Senate concurrent resolution in memory of Dr. Lawrence Myers of Waitsfield.

S.C.R. 35. 

Senate concurrent resolution honoring Barre City Clerk-Treasurer Eugene Stratton on his service to the community.

S.C.R. 36. 

Senate concurrent resolution honoring Moretown Town Clerk-Treasurer and Trustee of Public Money Susan Goodyear for her public service.

H.C.R. 217

House concurrent resolution congratulating the Vermont Girl Scouts selected to attend the 52nd United Nations Commission on the Status of Women

H.C.R. 218

House concurrent resolution honoring Barbara Oles for her public service as Guilford town clerk and treasurer and as a leader among her colleagues

H.C.R. 219

House concurrent resolution honoring Laurence Rossi for his civic service in the town of Woodbury

H.C.R. 220

House concurrent resolution congratulating Arthur Briggs for a half-century of civic service as a member of the Cavendish volunteer fire department

H.C.R. 221

House concurrent resolution congratulating Sarah Hurlbut on being named the recipient of the Franklin County Person of the Year Award


H.C.R. 222

House concurrent resolution congratulating the Frederic Duclos Barstow Memorial School on its 75th anniversary

H.C.R. 223

House concurrent resolution congratulating Frank Pecora on being named a St. Michael’s College unsung hero

H.C.R. 224

House concurrent resolution congratulating Colchester town clerk and treasurer Karen Richard on being named the 2007 Vermont Town Clerk of the Year

H.C.R. 225

House concurrent resolution honoring Carolyn Wells for her outstanding public service in the town of Worcester

H.C.R. 226

House concurrent resolution honoring Henry Andrew Raymond for his tireless community service in the town of Fairfax

CONFIRMATIONS

The following appointments will be considered by the Senate, as a group, under suspension of the Rules, as moved by the President pro tempore, for confirmation together and without debate, by consent thereby given by the Senate.  However, upon request of any senator, any appointment may be singled out and acted upon separately by the Senate, with consideration given to the report of the Committee to which the appointment was referred, and with full debate; and further, all appointments for the positions of Secretaries of Agencies, Commissioners of Departments, Judges, Magistrates, and members of the Public Service Board shall be fully and separately acted upon.

Kevin Dorn of Essex Junction - Secretary of the Agency of Commerce & Community Development - By Sen. Illuzzi for the Committee on Economic Development, Housing and General Affairs.  (1/17)

Bruce Hyde of Granville - Commissioner of the Department of Tourism & Marketing - By Sen. Illuzzi for the Committee on Economic Development, Housing and General Affairs.  (1/17)

John Hall of St. Johnsbury - Commissioner of the Department of Housing & Community Development - By Sen. Illuzzi for the Committee on Economic Development, Housing and General Affairs.  (1/17)

Michael W. Quinn of Essex Junction - Commissioner of the Department of Economic Development - By Sen. Illuzzi for the Committee on Economic Development, Housing and General Affairs.  (1/17)

Patricia Moulton Powden of South Londonderry - Chair of the Vermont Employment Security Board and Commissioner of the Department of Labor - By Sen. Illuzzi for the Committee on Economic Development, Housing and General Affairs.  (1/17)

Patricia Moulton Powden of South Londonderry - Chair of the Vermont Employment Security Board & Commissioner of the Department of Labor - By Sen. Illuzzi for the Committee on Economic Development, Housing and General Affairs.  (1/17)

Brian Vachon of Middlesex - Member of the State Board of Education - By Sen. Doyle for the Committee on Education.  (1/17)

Gerald J. Myers of Winooski - Commissioner of the Department of Buildings and General Services - By Sen. Scott for the Committee on Institutions.  (1/23)

Thomas Scala of Brattleboro - Member of the Vermont Lottery Commission - By Sen. Condos for the Committee on Economic Development, Housing and General Affairs.  (1/23)

Virginia Barry of Barre - Member of the Vermont Lottery Commission - By Sen. Condos for the Committee on Economic Development, Housing and General Affairs.  (1/23)

David J. Kurzman of Beecher Falls - Member of the Vermont Economic Development Authority - By Sen. Maynard for the Committee on Finance.  (1/23)

Heidi Pelletier of Montpelier – Member of the Vermont State Colleges Board of Trustees – By Senator Doyle for the Committee on Education. (1/23)

Jessica Bullock of Clarendon – Member of the State Board of Education – By Senator Nitka for the Committee on Education. (1/23)

David Herlihy of Waitsfield - Commissioner of the Department of Human Resources - By Senator Doyle for the Committee on Government Operations.  (2/8)

Fayneese Miller of South Burlington - Member of the State Board of Education - By Senator Collins for the Committee on Education.  (2/13)

Lisa Mitiguy Randall of Colchester - Chair of the Vermont Housing Finance Agency - By Senator Condos for the Committee on Finance.  (2/13)

Nathaniel M. Hayward of South Hero - Member of the Vermont Economic Development Authority - By Senator Condos for the Committee on Finance.  (2/13)

Peter J. Wright of Lake Elmore - Member of the Vermont State Colleges Board of Trustees - By Senator Starr for the Committee on Education.  (2/13)

Jeffrey L. Davis of Williston - Member of the University of Vermont and State Agricultural College Board of Trustees - By Senator Starr for the Committee on Education.  (2/20)

David R. Kimel of St. Albans - Member of the Vermont Municipal Bond Bank - By Senator McCormack for the Committee on Finance.  (2/21)

James E. Potvin of Mount Holly - Member of the Vermont Educational & Health Buildings Financing Agency - By Senator Maynard for the Committee on Finance.  (2/20)

John W. Valente of Rutland - Director of the Vermont Municipal Bond Bank - By Senator Carris for the Committee on Finance.  (2/27)

Sandra Predom of Mount Holly - Member of the Vermont Educational & Health Buildings Financing Agency - By Senator Carris for the Committee on Finance.  (2/27)

Edward T. Ogarzalek of Rutland - Member of the Vermont Educational & Health Buildings Financing Agency - By Senator Maynard for the Committee on Finance.  (2/27)

John C. Stewart of Jericho Center - Member of the Community High School of Vermont Board - By Senator Giard for the Committee on Education.  (2/29)

Susan Roush Bruce of St. Albans - Member of the Board of Libraries - By Senator Collins for the Committee on Education.  (2/29)

REPORTS ON FILE

Pursuant to the provisions of 2 V.S.A. §20(c), one (1) copy of the following reports is on file in the office of the Secretary of the Senate:

113.  Workforce Development Council Annual Report.  (February 2008).

114.  Income from Mountain Top Communication Sites.  (Agency of Natural Resources, Department of Forests, Parks and Recreation).  (February 2008).

115.  Status of Capital Projects Funded in Whole or in Part by State Capital Appropriations.  (University of Vermont).  (February 2008).

116.  An Act Relating to Equal Educational Opportunity:  Measuring Equity 2008 Report on Act 60 of 1997.  (Department of Education).  (February 2008).

117.  An Act to Strengthen the Capacity of Vermont’s Education System to meet the Educational Needs of All Vermont Students, 2008 Report on Act 117 of 2000.  (Department of Education).  (February 2008).

118.  An Act Relating to Public School Choice in Grades 9-12, 2008, Report on Act 150 of 2000.  (Department of Education).  (February 2008).

119.  An Act Relating to the High School completion Program, 2008 Report on Act 176.  (Department of Education).  (February 2008).

120.  Memorandum of Understanding - Interagency Agreement Required under Part B of the Federal Individuals with Disabilities Education Act.  An Act Relating to Correctional Facilities, Sec. 7 of Act 64.  (Department of Education).  (February 2008).

121.  An Act Relating to Making Appropriations for the Support of Government:  Racially and Ethnically Diverse Teachers; Recruitment and Retention.  (Department of Education).  (February 2008).

122.  An Act Relating to Miscellaneous Changes to Education Law:  Statewide Network for Distance Learning.  (Department of Education, Standards and Assessment Division).  (February 2008).

123.  An Act Relating to Miscellaneous Changes to Education Law:  Pregnant and Parenting Pupils Attending Teen Parent Education Programs, Act 66 of 2007, Sec. 22.  (Department of Education).  (February 2008).

124.  An Act Relating to Education Quality and Cost Control:  Operational Effectiveness and Efficiency of the Department of Education, .  (Department of Education).  (February 2008).

125.  An Act Relating to Education Quality and Cost Control:  Financial Management of School Districts and Supervisory Unions, 2007 Report6 on Act 82, Sec. 18.  (Department of Education, School Finance Division).  (February 2008).

126.  An Act Relating to Education Quality and Cost Control:  Education Governance, 2007 Report on Act 82, Sec. 19.  (Department of Education).  (February 2008).

127.  Report to the Legislature to Address Services for Individuals with Autism Spectrum Disorders.  (Agency of Human Services and Department of Education).  (February 2008).

128.  Vermont 2008 Success Beyond Six.  (Department of Mental Health and Department of Education).  (February 2008).

129.  School Environmental Health Report.  (Agency of Human Services, Department of Health)  (February 2008).

130.  Conservation Motor Vehicle Registration Plate Program Report .  (Agency of Natural Resources, Department of Fish and Wildlife).  (February 2008).

PUBLIC HEARINGS

Thursday, March 13, 2008 - Room 11 - 6:00-8:00 p.m. - H. 866 - Education Adjusted Gross Income Tax and H. 869 - Local Education Affordability Formula (LEAF) - House Committee on Ways and Means.

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



Published by:

The Vermont General Assembly
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Montpelier, Vermont


www.leg.state.vt.us