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Senate Calendar

tuesday, april 22, 2008

106th DAY OF BIENNIAL SESSION

TABLE OF CONTENTS

                                                                                                                Page No.

ACTION CALENDAR

CONSIDERATION POSTPONED UNTIL TUESDAY, APRIL 22, 2008

H. 432    Establishing Juneteenth National Freedom Day................................ 1828

               PENDING QUESTION: Shall the bill be read the third time... 1828

               Sen. Miller amendment................................................................... 1828

               Sen. Nitka amendment.................................................................... 1828

S. 278     Relating to financing campaigns (VETOED)..................................... 1828

                              Pending Question:  Shall the bill pass, notwithstanding the refusal of the Governor to approve the bill?

UNFINISHED BUSINESS OF FRIDAY, APRIL 18, 2008

Second Reading

Favorable with Proposal of Amendment

H. 203    Relating to when a deceased spouse dies without a will.................... 1828

                        Judiciary Committee Report................................................... 1828

UNFINISHED BUSINESS OF MONDAY, APRIL 21, 2008

Third Reading

H. 11      Relating to the commissioner of health............................................. 1838

H. 700    Sale of bottles of wine at festivals.................................................... 1838

                        Sen. Illuzzi amendment........................................................... 1838

Second Reading

Favorable with Proposal of Amendment

H. 436    Misc. amend. to local election & municipal government laws............ 1841

                        Government Operations Committee Report............................ 1841

                        Finance Committee Report.................................................... 1854

NEW BUSINESS

Third Reading

H. 515    Collection and disposal of mercury added thermostats..................... 1854

H. 588    Relating to property loaned to museums.......................................... 1854

H. 806    Relating to public water systems...................................................... 1854

H. 867    Health insurance coverage plan for athletic trainer services............... 1854

House Proposals of Amendment

S. 233     Temporary officiants for marriages and civil unions........................... 1854

S. 241     Special veteran and gold star registration plates............................... 1855

S. 342     Lake Champlain commemorative motor vehicle plates..................... 1855

House Proposal of Amendment to Senate Proposal of Amendment

H. 641    An act relating to nursing mothers in the workplace.......................... 1856

Resolutions for Action

S.R. 27   Designating April 30 as Walk @ Lunch Day.................................... 1857

S.R. 28   Amendments of the Permanent Rules of the Vermont Senate............ 1857

JRH 61  Designating May 2008 as Carcinoid Cancer Awareness Month....... 1857

NOTICE CALENDAR

Favorable with Proposal of Amendment

H. 669    Relating to the Vermont historic downtown...................................... 1858

                        Ec. Dev., Housing & General Affairs Committee Report......... 1858

                        Finance Committee Report.................................................... 1879

H. 873    Cleanup of Lake Champlain and other state waters.......................... 1879

                        Natural Resources & Energy Committee Report..................... 1879

H. 891    Relating to making appropriation for the support of government....... 1892

                        Appropriations Committee Report......................................... 1892

(For text, see Addendum to Senate Calendar of Tuesday, April 22, 2008)

ORDERED TO LIE

S. 70       Empowering municipalities to regulate pesticides.............................. 1892


S. 108     Electing U.S. Representative & U.S. Senator by instant runoff......... 1892

H. 331    Financing the purchase of a mobile home......................................... 1892

H. 332    Sale and closure of mobile home parks............................................ 1892

JRS 24   Congressional “fast track” review of trade agreements..................... 1892




 

ORDERS OF THE DAY

ACTION CALENDAR

CONSIDERATION POSTPONED UNTIL TUESDAY, APRIL 22, 2008

H. 432

An act relating to establishing Juneteenth National Freedom Day.

PENDING QUESTION:  Shall the bill be read the third time?

PROPOSAL OF AMENDMENT TO H. 432 TO BE OFFERED BY SENATOR MILLER

Senator Miller moves that the Senate propose to the House to amend the bill in Sec. 1, subdivision (4), by striking out the words “designation as a state holiday” and inserting in lieu thereof the words to be designated as a day of commemoration

PROPOSAL OF AMENDMENT TO H. 432 TO BE OFFERED BY SENATOR NITKA

Senator Nitkar moves that the Senate propose to the House to amend the bill in Sec. 1, subdivision (4), by striking out the word “holiday” and inserting in lieu thereof the words celebration day

S. 278

An act relating to financing campaigns.

PENDING QUESTION:  Shall the bill pass, notwithstanding the refusal of the Governor to approve the bill?

UNFINISHED BUSINESS OF FRIDAY, APRIL 18, 2008

Favorable with Proposal of Amendment

H. 203

An act relating to increasing the amount of an estate to which a surviving spouse is entitled when the deceased spouse dies without a will.

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

The Committee recommends that the Senate propose to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  REPEAL

Chapters 41, 43 and 45 of Title 14 are repealed.

Sec. 2.  14 V.S.A. chapter 42 is added to Part 2 to read:

Chapter 42.  Descent and Survivors’ Rights

Subchapter 1.  General Provisions

§ 301.  Intestate Estate

(a)  Any part of a decedent’s estate not effectively disposed of by will passes by intestate succession to the decedent’s heirs, except as modified by the decedent’s will.

(b)  A decedent’s will may expressly exclude or limit the right of an individual or a class to inherit property.  If such an individual or member of such a class survives the decedent, the share of the decedent’s intestate estate which would have passed to that individual or member of such a class passes subject to any such limitation or exclusion set forth in the will.

(c)  Nothing in this section shall preclude the surviving spouse of the decedent from making the election and receiving the benefits provided by section 319 of this title.

§ 302.  Dower and Curtesy Abolished

The estates of dower and curtesy are abolished.

§ 303.  Afterborn Heirs

For purposes of this chapter and chapter 1 of this title relating to wills, an individual in gestation at a particular time is treated as living at that time if the individual lives 120 hours or more after birth.

Subchapter 2.  Survivors’ Rights and Allowances

§ 311.  Share of Surviving Spouse

After payment of the debts, funeral charges, and expenses of administration, the intestate share of the decedent’s surviving spouse is as follows.

(1)  The entire intestate estate if no descendant of the decedent survives the decedent or if all of the decedent’s surviving descendants are also descendants of the surviving spouse.

(2)  In the event there shall survive the decedent one or more descendants of the decedent, who are not descendants of the surviving spouse and are not excluded by decedent’s will from inheriting from the decedent, the surviving spouse shall receive one-half of the intestate estate.

§ 312.  Surviving Spouse to Receive Household Goods

Upon motion, the surviving spouse of a decedent may receive out of the decedent’s estate all furnishings and furniture in the decedent’s household when the decedent leaves no descendants who object.  If any objection is made by any of the descendants, the court shall decide what, if any, of such personally shall pass under this section.  Goods and effects so assigned shall be in addition to the distributive share of the estate to which the surviving spouse is entitled under other provisions of law.  In making a determination pursuant to this section, the court may consider the length of the decedent’s marriage, the sentimental and monetary value of the property, and the source of the decedent’s interest in the property.

§ 313.  Surviving spouse; vessel, snowmobile, or all-terrain vehicle

Whenever the estate of a decedent who dies intestate consists principally of a vessel, snowmobile, or all-terrain vehicle, the surviving spouse shall be deemed to be the owner of the vessel, snowmobile, or all-terrain vehicle, and title to the vessel, snowmobile, or all-terrain vehicle shall automatically pass to the surviving spouse.

§ 314.  Share of Heirs other than Surviving Spouse

(a)  The balance of the intestate estate not passing to the decedent’s surviving spouse under section 311 of this title passes to the decedent’s descendants by right of representation. 

(b)  If there is no taker under subsection (a) of this section, the intestate estate passes in the following order: 

(1)  to the decedent’s parents equally if both survive or to the surviving parent;

(2)  to the decedent’s siblings or the descendants of any deceased siblings by right of representation;

(3)  one-half of the intestate estate to the decedent’s paternal grandparents equally if they both survive or to the surviving paternal grandparent and one-half of the intestate estate to the decedent’s maternal grandparents equally if they both survive or to the surviving maternal grandparent and if decedent is survived by a grandparent, or grandparents on only one side, to that grandparent or those grandparents;

(4)  in equal shares to the next of kin in equal degree.

(c)  If property passes under this section by right of representation, the property shall be divided into as many equal shares as there are children or siblings of the decedent, as the case may be, who either survive the decedent or who predecease the decedent leaving surviving descendants.

§ 315.  Parent and Child Relationship

For the purpose of intestate succession, an individual is the child of his or her parents, regardless of their marital status, but a parent shall not inherit from a child unless the parent has openly acknowledged the child and not refused to support the child.  The parent and child relationship may be established in parentage proceedings under subchapter 3A of chapter 5 of Title 15.

§ 316.  Support of Surviving Spouse and Family During Settlement

The probate court may make reasonable allowance for the expenses of maintenance of the surviving spouse and minor children or either, constituting the family of a decedent, out of the personal estate or the income of real or personal estate from date of death until settlement of the estate, but for no longer a period than until their shares in the estate are assigned to them or, in case of an insolvent estate, for not more than eight months after administration is granted.  This allowance may take priority, in the discretion of the court, over debts of the estate.

§ 317.  Allowance to Children before Payment of Debts

When a person dies leaving children under 18 years of age, an allowance may be made for the necessary maintenance of such children until they become 18 years of age.  Such allowance shall be made before any distribution of the estate among creditors, heirs, or beneficiaries by will.

§ 318.  Allowance to Children After Payment of Debts

Before any partition or division of an estate among the heirs or beneficiaries by will, an allowance may be made for the necessary expenses of the support of the children of the decedent under 18 years of age until they arrive at that age.  The probate court may order the executor or administrator to retain sufficient estate assets for that purpose, except where some provision is made by will for their support.

§ 319.  Waiver of Will by Surviving Spouse

(a)  A surviving spouse may waive the provisions of the decedent’s will and instead elect to take one-half of the balance of the estate, after the payment of claims and expenses.

(b)  The surviving spouse must be living at the time this election is made.  If the surviving spouse is mentally disabled and cannot make the election personally, a guardian or attorney in fact under a valid durable power of attorney may do so.

(c)  The rights of election of the surviving spouse in subsection 319(a) of this chapter may be waived in whole or in part before marriage by a written contract or waiver signed by the surviving spouse that is witnessed and acknowledged.  Such an agreement is not enforceable if the surviving spouse proves any of the following:

(1)  the surviving spouse did not execute the written contract or waiver voluntarily;

(2)  the written contract or waiver was unfair when it was made;

(3)  one spouse did not have separate legal representation at the time the written contract or waiver was executed;

(4)  the surviving spouse was not provided with a full and fair financial disclosure of the property or financial obligations of the decedent; or

(5)  inadequate consideration was paid.

§ 320.  Effect of Divorce Order

A final divorce order from any state shall have the effect of nullifying a gift by will or inheritance by operation of law to an individual who was the decedent’s spouse at the time the will was executed if the decedent was no longer married to that individual at the time of death, unless his or her will specifically states to the contrary.

§ 321.  Conveyances to Defeat Spouse’s Interest

Except as provided in subsection 319(c) of this title, a voluntary transfer of any property by an individual during marriage, made without adequate consideration and for the primary purpose of defeating a surviving spouse in a claim to a share of the decedent’s property so transferred, shall be void and inoperative to bar the claim.  The decedent shall be deemed at the time of his or her death to be the owner and seised of an interest in such property sufficient for the purpose of assigning and setting out the surviving spouse’s share.

§ 322.  Unlawful Killing Affecting InheritancE

Notwithstanding sections 311 through 314 of this title or provisions otherwise made, in any case where an individual is entitled to inherit or receive property under the last will of a decedent, or otherwise, such individual’s share in the decedent’s estate shall be forfeited and shall pass to the remaining heirs or beneficiaries of the decedent if such person intentionally and unlawfully kills the decedent.  In any proceedings to contest the right of an individual to inherit or receive property under a will, the record of such person’s conviction of intentionally and unlawfully killing the decedent shall be admissible evidence that such person did intentionally kill the decedent.

Subchapter 3.  Descent, Omitted Issue and Lapsed Legacies

§ 331.  Degrees; How Computed:  Kindred of Half-Blood

Kindred of the half-blood shall inherit the same share they would inherit if they were of the whole blood.

§ 332.  Share of After-Born Child

When a child of a testator is born after the making of a will and provision is not therein made for that child, he or she shall have the same share in the estate of the testator as if the testator had died intestate unless it is apparent from the will that it was the intention of the testator that provision should not be made for the child.

§ 333.  Share of Child or Descendant of Child Omitted from Will

When a testator omits to provide in his or her will for any of his or her children, or for the descendants of a deceased child, and it appears that the omission was made by mistake or accident, the child or descendants, as the case may be, shall have and be assigned the same share of the estate of the testator as if the testator had died intestate.

§ 334.  After-born AND OMITTED Child; From What Part of Estate Share Taken

When a share of a testator's estate is assigned to a child born after the making of a will, or to a child or the descendant of a child omitted in the will, the share shall be taken first from the estate not disposed of by the will, if there is any.  If that is not sufficient, so much as is necessary shall be taken from the devisees or legatees in proportion to the value of the estate they respectively receive under the will.  If the obvious intention of the testator, as to some specific devise, legacy, or other provision in the will, would thereby be defeated, the specific devise, legacy, or provision may be exempted from such apportionment and a different apportionment adopted in the discretion of the court.

§ 335.  Beneficiary Dying before Testator: Descendants to Take

When a testamentary gift is made to a child or other kindred of the testator, and the designated beneficiary dies before the testator, leaving one or more descendants who survive the testator, such descendants shall take the gift that the designated beneficiary would have taken if he or she had survived the testator, unless a different disposition is required by the will.

§ 336.  Individual Absent and Unheard of; Share of Estate

If an individual entitled to a distributive share of the estate of a decedent is absent and unheard of for six years, two of which are after the death of the decedent, the probate court in which the decedent’s estate is pending may order the share of the absent individual distributed in accordance with the terms of the decedent’s will or the laws of intestacy as if such absent individual had not survived the decedent.  If the absent individual proves to be alive, he or she shall be entitled to the share of the estate notwithstanding prior distribution, and may recover in an action on this statute any portion thereof which any other individual received under order.  Before an order is made for the payment of distribution of any money or estate as authorized in this section, notice shall be given as provided by the Vermont Rules of Probate Procedure.

§ 337.  Requirement that Individual Survive Decedent for 120 hours

Except as provided in the decedent’s will, an individual who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property, intestate succession, and taking under decedent’s will, and the decedent’s heirs and beneficiaries shall be determined accordingly.  If it is not established by clear and convincing evidence that an individual who would otherwise be an heir or beneficiary survived the decedent by 120 hours, it is deemed that the individual failed to survive for the required period.  This section is not to be applied if its application would result in escheat.

§ 338.  DISTRIBUTION; ORDER IN WHICH ASSETS APPROPRIATED; ABATEMENT

(a)(1)  Except as provided in subsection (b) of this section, shares of distributes given under a will abate, without any preference or priority as between real and personal property, in the following order:

(A)  property not disposed of by the will;

(B)  residuary devises and bequests;

(C)  general devises and bequests;

(D)  specific devises and bequests.

(2)  For purpose of abatement, a general devise or bequest charged on any specific property or fund is a specific devise or bequest to the extent of the value of the property on which it is charged, and upon the failure or insufficiency of the property on which it is charged, a general devise or bequest to the extent of the failure or insufficiency.  Abatement within each classification is in proportion to the amounts of property each of the beneficiaries would have received if full distribution of the property had been made in accordance with the terms of the will.

(b)  If the will expresses an order of abatement or if the testamentary plan or the express or implied purpose of a devise or bequest would be defeated by the order of abatement listed in subsection (a) of this section, the shares of the distributees shall abate as may be necessary to give effect to the intention of the testator.

(c)  If the subject of a preferred devise or bequest is sold or used incident to administration, abatement shall be achieved by appropriate adjustments in, or contribution from, other interests in the remaining assets.

§ 339.  REFERRAL TO STATE’S ATTORNEY

A probate judge who finds there is good cause to believe that an individual has misapplied fiduciary property in violation of 13 V.S.A. § 2540 shall make a report to the state’s attorney.

Sec. 3.  13 V.S.A. § 2540 is added to read:

§ 2540.  MISAPPLICATION OF FIDUCIARY PROPERTY

(a)  For purposes of this section:

(1)  “fiduciary” includes:

(A)  a trustee, a guardian, an administrator, an executor, a conservator, and a receiver;

(B)  an attorney in fact or an agent appointed under a durable power of attorney as provided by section 3508 of Title 14; and

(C)  any other person acting in a fiduciary capacity, but not a commercial bailee.

(2)  “Misapply” means deal with property contrary to:

(A)  an agreement under which the fiduciary holds the property; or

(B)  a law prescribing the custody or disposition of the property.

(b)  A person commits an offense if he or she intentionally or recklessly misapplies property he or she holds as a fiduciary in a manner that involves substantial risk of loss to the owner of the property or to a person for whose benefit the property is held.

(c)  A person who violates subsection (b) of this section shall be imprisoned not more than one year or fined not more than $1,000.00 or both if the value of the property misapplied does not exceed $900.00 in value.

(d)  A person who violates subsection (b) of this section shall be imprisoned not more than ten years or fined not more than $5,000.00 or both if the value of the property misapplied exceeds $900.00 in value.

Sec. 4.  13 V.S.A. § 2578 is amended to read:

§ 2578.  RESTITUTION

(a)  A sentencing court may order reasonable restitution where:

(1)  merchandise stolen is not recovered or is recovered in damaged condition.  Damages shall be calculated based on retail value; or

(2)  fiduciary property has been misapplied pursuant to section 2540 of this title.  Damages shall be based on the value of the property misapplied.

(b)  Restitution may be ordered in addition to any other penalties imposed.

(c)  Restitution shall be supervised by the department of corrections.

Sec. 5.  23 V.S.A. § 2023 is amended to read:

§ 2023.  TRANSFER OF INTEREST IN VEHICLE

(a)  If an owner transfers his or her interest in a vehicle, other than by the creation of a security interest, he or she shall, at the time of delivery of the vehicle, execute an assignment and warranty of title to the transferee in the space provided therefor on the certificate or as the commissioner prescribes, and of the odometer reading or hubometer reading or clock meter reading of the vehicle at the time of delivery in the space provided therefor on the certificate, and cause the certificate and assignment to be mailed or delivered to the transferee or to the commissioner.  Where title to a vehicle is in the name of more than one person, the nature of the ownership must be indicated by one of the following on the certificate of title:

(1)  TEN ENT (tenants by the entirety);

(2)  JTEN (joint tenants);

(3)  TEN COM (tenants in common); or

(4)  PTNRS (partners); or

(5)  TOD (transfer on death).

(b)  Upon request of the owner or transferee, a lienholder in possession of the certificate of title shall, unless the transfer was a breach of his or her security agreement, either deliver the certificate to the transferee for delivery to the commissioner or, upon receipt from the transferee of the owner's assignment, the transferee's application for a new certificate and the required fee, mail or deliver them to the commissioner.  The delivery of the certificate does not affect the rights of the lienholder under his security agreement.

(c)  If a security interest is reserved or created at the time of the transfer, the certificate of title shall be retained by or delivered to the person who becomes the lienholder, and the parties shall comply with the provisions of section 2043 of this title.

(d)  Except as provided in section 2024 of this title and as between the parties, a transfer by an owner is not effective until the provisions of this section and section 2026 of this title have been complied with; however, an owner who has delivered possession of the vehicle to the transferee and has complied with the provisions of this section and section 2026 of this title requiring action by him or her is not liable as owner for any damages thereafter resulting from operation of the vehicle.

(e)  Notwithstanding other provisions of the law, whenever the estate of an individual who dies intestate consists principally of an automobile, the surviving spouse shall be deemed to be the owner of the motor vehicle and title to the same shall automatically and by virtue hereof pass to said surviving spouse.  Registration of the vehicle in the name of the surviving spouse shall be effected by payment of a transfer fee of $7.00.  This transaction is exempt from the provisions of the purchase and use tax on motor vehicles.

(1)  Notwithstanding other provisions of the law, and except as provided in subdivision (2) of this subsection, whenever the estate of an individual consists in whole or in part of a motor vehicle, and the person's will or other testamentary document does not specifically address disposition of motor vehicles, the surviving spouse shall be deemed to be the owner of the motor vehicle and title to the motor vehicle shall automatically pass to the surviving spouse. Registration and title of the motor vehicle in the name of the surviving spouse shall be effected by payment of a transfer fee of $7.00.  This transaction is exempt from the provisions of the purchase and use tax on motor vehicles.

(2)  This subsection shall apply to no more than two motor vehicles, and shall not apply if the motor vehicle is titled in the name of one or more persons other than the decedent and the surviving spouse.

(f)  Where the title identifies a person who will become the owner upon the death of the principal owner (transfer on death), the principal owner shall have all rights of ownership and rights of transfer until his or her death.  The designated transferee shall have no rights of ownership until such time as the principal owner has died as established by a valid death certificate.  At that time, the transferee shall become the owner of the vehicle subject to any existing security interests.

Sec. 6.  EFFECTIVE DATE

Sec. 2 of this act shall only apply to the estates of persons dying after September 1, 2008.

(Committee Vote: 5-0-0)

(For House amendments, see House Journal for March 18, 2008, page 600.)

UNFINISHED BUSINESS OF MONDAY, APRIL 21, 2008

Third Reading

H. 11

An act relating to the commissioner of health.

H. 700

An act relating to sale of bottles of wine at festivals.

PROPOSAL OF AMENDMENT TO H. 700 TO BE OFFERED BY SENATOR ILLUZZI BEFORE THIRD READING

Senator Illuzzi moves that the Senate propose to the House to amend the bill by adding two new sections to be numbered Secs. 2 and 3 to read as follows:

Sec. 2.  9 V.S.A. chapter 82 is added to read:

CHAPTER 82.  SCRAP METAL PROCESSORS

§ 3021.  DEFINITIONS

As used in this chapter:

(1)  “Authorized scrap seller” means:

     (A)  a licensed plumber, electrician, or HVAC contractor;

     (B)  An established and known building or construction contractor, demolition contractor, construction and demolition debris contractor;

     (C)  a public utility, transportation company, licensed peddler or broker;

     (D)  an established and known industrial or manufacturing company; marine, automobile, or aircraft salvage and wrecking company; or

     (E)  a government entity.

(2)  “Ferrous scrap” means any scrap metal consisting primarily of iron, steel, or both, including large manufactured articles such as automobile bodies that may contain other substances to be removed and sorted during normal processing operations of scrap metal.

(3)  “Metal article” means any manufactured item consisting of metal that is usable for its originally intended purpose without processing, repair, or alteration, including railings, copper or aluminum wire, copper pipe and tubing, bronze cemetery plaques, urns, markers, plumbing fixtures, and cast‑iron radiators.

(4)  “Nonferrous scrap” means any scrap metal consisting primarily of metal other than iron or steel, and does not include aluminum beverage cans, post-consumer household items, items removed during building renovations or demolitions, or large manufactured items containing small quantities of nonferrous metals such as automobile bodies and appliances.

(5)  “Proprietary article” means any of the following:

(A)  Any metal article stamped, engraved, stenciled, or marked as being or having been the property of a governmental entity, public utility, or a  transportation, shipbuilding, ship repair, mining, or manufacturing company.

(B)  Any hard-drawn copper electrical conductor, cable, or wire greater than 0.375 inches in diameter, stranded or solid.

(C)  Any aluminum conductor, cable, or wire greater than 0.75 inches in diameter, stranded or solid.

(D)  Metal beer kegs.

(E)  Manhole covers.

(F)  Catalytic converters.

(6)  “Scrap metal” means any manufactured item or article that contains metal.

(7)  “Scrap metal processor” means a person authorized to conduct a business that processes and manufactures scrap metal into prepared grades for sale as raw material to mills, foundries, and other manufacturing facilities.

§ 3022.  PURCHASE OF NONFERROUS SCRAP, METAL ARTICLES, AND PROPRIETARY ARTICLES

(a)  A scrap metal processor may purchase nonferrous scrap, metal articles, and proprietary articles directly from an authorized scrap metal seller or the seller’s authorized agent or employee.

(b)  A scrap metal processor may purchase nonferrous scrap, metal articles, and proprietary articles from a person who is not an authorized scrap metal seller or the seller’s authorized agent or employee, provided the scrap processor complies with all the following procedures:

(1)  At the time of sale, requires the seller to provide a current government-issued photographic identification that indicates the seller’s full name, current address, and date of birth, and records in a permanent ledger the identification information of the seller, the time and date of the transaction, the license number of the seller’s vehicle, and a description of the items received from the seller.  This information shall be retained for at least five years at the processor’s normal place of business or other readily accessible and secure location.  On request, this information shall be made available to any law enforcement official or authorized security agent of a governmental entity who provides official credentials at the scrap metal processor’s business location during regular business hours.

(2)  Requests documentation from the seller of the items offered for sale, such as a bill of sale, receipt, letter of authorization, or similar evidence that establishes that the seller lawfully owns the items to be sold.

(3)  After purchasing an item from a person who fails to provide documentation pursuant to subdivision (2) of this subsection, submits to the local law enforcement agency no later than the close of the following business day a report that describes the item and the seller’s identifying information required in subdivision (1) of this subsection, and holds the proprietary article for at least 15 days following purchase.

§ 3023.  PENALTIES

(a)  A scrap metal processor who violates any provision of this chapter for the first time may be assessed a civil penalty not to exceed $1,000.00 for each transaction.

(b)  A scrap metal processor who violates any provision of this chapter for a second or subsequent time shall be fined not more than $25,000.00 for each transaction.

Sec. 3.  4 V.S.A. § 1102(b) is amended to read:

(b)  The judicial bureau shall have jurisdiction of the following matters:

* * *

(14)  Violations of 9 V.S.A. § 3023(a), relating to the purchase and sale of scrap metal.


Second Reading

H. 436

An act relating to miscellaneous amendments to local election and municipal government laws.

Reported favorably with recommendation of proposal of amendment by Senator White for the Committee on Government Operations.

The Committee recommends that the Senate propose to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  3 V.S.A. § 2473a(e) is amended to read:

(e)  The receipt and expenditure of moneys from the revolving fund shall be under the supervision of the business manager and at the direction of the publisher, subject to the provisions of this section.  Vermont Life magazine shall maintain accurate and complete records of all receipts and expenditures by and from the fund, and shall make an annual report on the condition of the fund to the secretary of the agency, who shall in turn provide the report to the secretary of administration.  The fund shall be audited annually by the auditor of accounts.

Sec. 2.  7 V.S.A. § 805 is amended to read:

§ 805.  -AUDIT OF OPERATIONS

On or before February 28 of each year, each state college and university licensed under this chapter shall submit a financial report on its operations under this chapter to audit by the state auditor of accounts. Such audit shall examine the financial condition and operation of such licensees for the preceding calendar year and shall be submitted to the liquor control board by April 1 of each year.

Sec. 3.  16 V.S.A. § 2177(b) is amended to read:

(b)  The books and accounts financial statements of the corporation shall be audited annually as of June 30 under the supervision of the auditor of accounts who shall publish the audit report in detail by an independent public accounting firm registered in Vermont in accordance with government auditing standards issued by the United States Government Accountability Office (GAO).  The auditor of accounts or his or her designee shall be the state’s nonvoting representative to an audit committee established by the board

Sec. 4.  16 V.S.A. § 2281 is amended to read:

§ 2281.  ANNUAL AUDIT; REPORTS; CONTROL OF FUNDS

(a)  The books and accounts of the University of Vermont and State Agricultural College shall be audited annually as of June 30, under the supervision of the auditor of accounts.  The report of such audit shall be published in detail by the auditor of accounts by an independent accounting firm registered in the state of Vermont in accordance with government auditing standards issued by the United States Government Accountability Office (GAO).  The auditor of accounts or his or her designee shall be the state’s nonvoting representative to an audit committee established by the board

* * *

(f)  Control of funds appropriated and of the work carried on under the terms of section 2321 of this title shall be vested in the board of trustees of the University of Vermont and State Agricultural College.  The University of Vermont and State Agricultural College shall provide an accounting service which shall account for the expenditure of funds by divisions and shall make an annual financial report to the governor of the state.  All funds appropriated to the agricultural college shall be kept in a separate account and shall be audited annually by the auditor of accounts an independent accounting firm registered in the state of Vermont in accordance with government auditing standards issued by the United States Government Accountability Office (GAO).

Sec. 5.  16 V.S.A. § 2835 is amended to read:

§ 2835.  CONTROLS, AUDITS, AND REPORTS

Control of funds appropriated and all procedures incident to the carrying out of the purposes of this chapter shall be vested in the board.  The books of account of the corporation shall be audited annually under the direction of the auditor of accounts by an independent public accounting firm registered in the state of Vermont in accordance with government auditing standards issued by the United States Government Accountability Office (GAO) and a the resulting audit report filed with the secretary of administration not later than November 1 each year.  The auditor of accounts or his or her designee shall be the state’s nonvoting representative to an audit committee established by the board.  Biennially, the board shall report to the legislature on its activities during the preceding biennium.

Sec. 6.  17 V.S.A. § 2353(a) is amended to read:

(a)  The name of any person shall be printed upon the primary ballot as a candidate for nomination by any major political party for any office indicated, if petitions containing the requisite number of signatures made by legal voters, in substantially the following form, are filed with the proper official, together with the person's written consent to having his or her name printed on the ballot:

STATE OF VERMONT

County of  .......................... )

ss.

City (town) of  .................... )

 

I join in a petition to place on the primary ballot of the .............................................................. party the name of  ........................................................., whose residence is in the (city), (town) of  ............................................... in the county of ............................................., for the office of  ………………............................. to be voted for on Tuesday, the  .................................. day of September, 20  ..................; and I certify that I am at the present time a registered voter and am qualified to vote for a candidate for this office.

Sec. 7.  17 V.S.A. § 2402 is amended to read:

§ 2402.  REQUISITES OF STATEMENT

(a)  A statement of nomination shall contain:

* * *

(4)  In the case of nomination for president or vice president of the United States, the name and state of residence of each candidate for such office, together with the name, town of residence, and correct mailing address of each nominee for the office of elector.  The statement of nomination shall include certification by the town clerk of each town where the signers appear to be voters that the persons whose names appear as signers of the statement are registered voters in the town and of the total number of valid signers from the town.  Only the number of signers certified by each town clerk shall count toward the required number of signatures.  The statement shall also be accompanied by a consent form from each nominee for elector.  The consent form shall be similar to the consent form prescribed in section 2361 of this title.

(b)  To constitute a valid nomination, a statement shall contain signatures of voters qualified to vote in an election for the office in question, equal in number to at least:

(1)  For presidential and vice presidential offices, 1,000;

(2)  For state and congressional offices, 250 500;

* * *

(c)  A statement shall state that each signer is qualified to vote in an election for the office in question and that the voter's residence is as set forth next to the voter's name.  Every statement of nomination shall include the certificate of the town clerk where the signers appear to be voters, certifying whether the persons whose names appear as signers of the statement are registered voters in the town.  Only those names certified by the town clerk to be those of registered voters of the town shall count toward the required number of signatures.

(d)  A statement of nomination and a completed and signed consent form shall be filed not later than the time for filing the statements prescribed in section 2386 of this title sooner than the first Monday in June and not later than the third day after the primary election.  No public official receiving nominations shall accept a petition unless a completed and signed consent form is filed at the same time.

(e)  The secretary of state shall prescribe and furnish forms for a statement of nomination.

Sec. 8.  17 V.S.A. § 2456 is amended to read:

§ 2456.  DISQUALIFICATIONS

Notwithstanding the preceding sections of this subchapter, no person shall serve as an election official in any election in which his or her name appears on a ballot of the Australian ballot system as a candidate for any office unless he or she is the only candidate for that office, or unless the office for which he or she is a candidate is that of moderator, justice of the peace, town clerk,

clerk-treasurer, treasurer, ward clerk, or inspector of elections.  When an Australian ballot is not used, a person shall not serve as an election official during the election to fill any office for which he or she is a nominee.  For the purpose of this section, "clerk-treasurer" means a person who is a candidate for the offices of town clerk and town treasurer at the same time.

Sec. 9.  17 V.S.A. § 2494 is amended to read:

§ 2494.  CONSTRUCTION WITH OTHER LAWS

Except as this subchapter affects the method of registering votes and ascertaining the result, the laws of this state pertaining to elections shall be applicable.  The laws pertaining to early or absentee voters shall in no way be affected by this subchapter, and votes cast by early or absentee voters shall be counted with votes registered on voting machines.  In towns using voting machines, the board of civil authority may vote to open polling places at 5:00 a.m., provided that at least three elections officials are present, two of whom are from different parties, solely for the purpose of checking voters who voted by early voter absentee ballot off the checklist and depositing the ballots into the ballot box or voting machine.  If all early voter absentee ballots have not been deposited into the voting machines before the closing of the polls at 7:00 p.m., the elections officials shall continue to deposit ballots using the same procedure as provided in subsection 2561(b) of this title, treating each ballot as a voter waiting to cast his or her ballot at the close of the polls.

Sec. 10.  17 V.S.A. § 2561(a) is amended to read:

(a)  At all elections using the Australian ballot system, the polls shall may open no earlier than 5:00 a.m. and shall open no later than 10:00 a.m. as set by the board of civil authority in each town unless the board of civil authority has elected to open the polls earlier than 6:00 a.m. as provided in section 2494 of this title.  The polls in all polling places shall close at 7:00 p.m.

Sec. 11.  17 V.S.A. § 2640(c) is amended to read:

(c)  In a town which starts its annual meeting on any day before the first Tuesday in March and which uses the Australian ballot system, Notwithstanding section 2508 of this title, public discussion of ballot issues and all other issues appearing in the warning, other than election of candidates, shall be permitted on that day at the annual meeting, regardless of the location of the polling place.

Sec. 12.  17 V.S.A. § 2664 is amended to read:

§ 2664.  BUDGET

A town shall vote such sums of money as it deems necessary for the interest of its inhabitants and for the prosecution and defense of the common rights.  It shall express in its vote the specific amounts, or the rate on a dollar of the grand list, to be appropriated for laying out and repairing highways and for other necessary town expenses.  If a town votes specific amounts in lieu of a rate on a dollar of the grand list, the selectmen selectboard shall, after the grand list book has been computed and lodged in the office of the town clerk, set the tax rate necessary to raise the specific amounts voted.  The selectboard may apply for grants and may accept and expend grants or gifts above those which are approved in the town budget.  The selectboard shall include, in its annual report, a description of all grants or gifts accepted during the year and associated expenditures.

Sec. 13.  17 V.S.A. § 2680 is amended to read:

§ 2680.  AUSTRALIAN BALLOT SYSTEM; GENERAL

* * *

(c)  Budgets.  A vote whether to use the Australian ballot system to establish the budget shall be in substantially the following form:

"Shall (name of municipality) adopt its budget article or articles by Australian ballot?"

If a budget voted on by Australian ballot is rejected, the legislative body shall prepare a revised budget.  The legislative body shall establish a date for the vote on the revised budget, and shall take appropriate steps to warn a public informational meeting on the budget and the vote.  The date of the public informational meeting shall be at least five days following the public notice. The date of the vote shall be at least seven days following the public notice. The vote on the revised budget shall be by Australian ballot and shall take place in the same locations that the first vote was taken.  The budget shall be established if a majority of all votes cast are in favor.  If the revised budget is rejected, the legislative body shall repeat the procedure in this subsection until a budget is adopted.  Once a municipality votes to establish its budget by the Australian ballot system, the vote on the budget shall be taken by Australian ballot until the municipality votes to discontinue use of the system.

* * *

(g)  Whenever a municipality has voted to adopt the Australian ballot system of voting on any public question or budget, except the budget revote as provided in subsection (c) of this section, the legislative body shall hold a public informational hearing on the question by posting warnings at least 10 days in advance of the hearing in at least two public places within the municipality and in the town clerk's office.  The hearing shall be held within the 10 days preceding the meeting at which the Australian ballot system is to be used.  The hearing under this subsection may be held in conjunction with the meeting held under subsection 2640(c), in which case the moderator shall preside.

Sec. 14.  19 V.S.A. § 13 is amended to read:

§ 13.  Central garage fund

* * *

(f)  Annually the auditor of accounts shall conduct an examination of the central garage revolving fund and report his or her findings in accordance with 32 V.S.A. § 163(5).

(g)  [Repealed.]

(h)  For purposes of this section, “equipment” means registered motor vehicles and highway maintenance equipment assigned to the central garage.

(i)(g)  Each year at the September meeting of the joint transportation oversight committee called pursuant to 19 V.S.A. § 12b(d), the agency shall present to the joint transportation oversight committee a report detailing:

* * *

Sec. 15.  20 V.S.A. § 3546 is amended to read:

§ 3546.  INVESTIGATION OF VICIOUS DOMESTIC PETS OR WOLF-HYBRIDS; ORDER

* * *

(d)  The procedures provided in this section shall only apply if the domestic pet or wolf-hybrid is not a rabies suspect.  If a member of the legislative body or a municipal official designated by the legislative body determines that the animal is a rabies suspect, the provisions of subchapter 5 of this chapter and the rules of the department of health shall apply.

(e)  The procedures provided in this section shall not apply if the voters of a municipality, at a special or annual meeting duly warned for the purpose, have authorized the legislative body of the municipality to regulate domestic pets or wolf-hybrids by ordinances that are inconsistent with this section, in which case those ordinances shall apply.

Sec. 16.  20 V.S.A. § 3549 is amended to read:

§ 3549.  DOMESTIC PETS OR WOLF-HYBRIDS, REGULATION BY TOWNS

The legislative body of a city or town by ordinance may regulate the keeping, leashing, muzzling, restraint, impoundment, and destruction of domestic pets or wolf-hybrids and their running at large.

Sec. 17.  22 V.S.A. § 281 is amended to read:

§ 281.  MEMBERS AND TRUSTEES EX OFFICIO

The secretary of state, auditor of accounts and the state librarian, by virtue of their offices, shall be members of the Vermont Historical Society and of the board of trustees thereof.

Sec. 18.  24 V.S.A. § 871 is amended to read:

§ 871.  ORGANIZATION OF SELECTMEN SELECTBOARD; APPOINTMENTS

Forthwith after their election and qualification, the selectmen selectboard shall organize and elect a chairman chair and, if so voted, a clerk from among their number, and file a certificate of such election for record in the office of the town clerk.  Such selectmen shall The selectboard shall thereupon appoint from among the legally qualified voters a tree warden and may thereupon appoint from among the legally qualified voters the following officers who shall serve until their successors are appointed and qualified, and shall certify such appointments to the town clerk who shall record the same:

(1)  Three fence viewers;

(2)  A poundkeeper, for each pound; voting residence in the town need not be a qualification for this office provided appointee gives his or her consent to the appointment;

(3)  One or more inspectors of lumber, shingles and wood; and

(4)  One or more weighers of coal; and

(5)  A tree warden.

* * *

Sec. 19.  24 V.S.A. § 2291(10) is amended to read:

§ 2291.  ENUMERATION OF POWERS

For the purpose of promoting the public health, safety, welfare, and convenience, a town, city, or incorporated village shall have the following powers:

* * *

(10)  To regulate the keeping of dogs, and to provide for their leashing, muzzling or, restraint, impoundment, and destruction.

* * *

Sec. 20.  24 V.S.A. § 4442(c) is amended to read:

(c)  Routine adoption.

(1)  A bylaw, bylaw amendment, or bylaw repeal shall be adopted by a majority of the members of the legislative body at a meeting that is held after the final public hearing, and shall be effective 21 days after adoption unless, by action of the legislative body, the bylaw, bylaw amendment, or bylaw repeal is warned for adoption by the municipality by Australian ballot at a special or regular meeting of the municipality.

(2)  However, a rural town with a population of fewer than 2,500 persons, by action of the legislative body or by vote of that town at a special or regular meeting duly warned on the issue, may elect to require that bylaws, bylaw amendments, or bylaw repeals shall be adopted by vote of the town by Australian ballot at a special or regular meeting duly warned on the issue.  That procedure shall then apply until rescinded by the voters at a regular or special meeting of the town.

Sec. 21.  29 V.S.A. § 160(e) is amended to read:

(e)  The commissioner of buildings and general services shall supervise the receipt and expenditure of moneys comprising the property management revolving fund, subject to the provisions of this section.  He or she shall maintain accurate and complete records of all such receipts and expenditures, and shall make an annual report on the condition of the fund to the secretary of administration.  All balances remaining at the end of a fiscal year shall be carried over to the following year, and the fund shall be audited by the auditor of accounts.

Sec. 22.  29 V.S.A. § 168(b)(8) is amended to read:

(8)  All balances remaining at the end of a fiscal year shall be carried over to the following year, and the auditor of accounts shall audit the fund.

Sec. 23.  32 V.S.A. § 163 is amended to read:

§ 163.  DUTIES OF THE AUDITOR OF ACCOUNTS

In addition to any other duties prescribed by law, the auditor of accounts shall:

(1)  Examine annually the financial statements of the funds of state government and at his or her discretion audit financial and other records Annually perform or contract for the audit of the basic financial statements of the state of Vermont and, at his or her discretion, conduct governmental audits as defined by governmental auditing standards issued by the United States Government Accountability Office (GAO), of every department, institution, and agency of the state including trustees or custodians of retirement and other trust funds held by the state or any officer or officers of the state, and also including every county officer who receives or disburses funds of the state or for the benefit of the state or any county.  He or she shall upon request of a town establish a uniform system of accounting and reporting.

(2)  In his or her discretion, conduct a continuing post audit of all disbursements made through the office of the commissioner of finance and management or the office of the state treasurer, including disbursements to a municipality, school supervisory union, school district, or county.

* * *

(4)  Upon request, assist the commissioner of finance and management in the preparation of the state budget.

(5)  From time to time, as examinations audits are completed, report his or her audit findings first to the speaker of the house of representatives and the president pro tempore of the senate, then to the governor, the secretary of administration, the commissioner of finance and management, and the head of the department, institution, or agency covered by the report.  The audit reports shall be public records and four 10 copies of each report shall be furnished to and kept in the state library for public use.

(6)(5)  Make special audits of any department, institution, and agency as the governor may from time to time require.

(7)(6)  Make a biennial report Report on or before February 15 of each year to the general assembly house and senate committees on appropriations in which he or she shall summarize his or her significant findings, and make such comments and recommendations as he or she finds necessary.

(8)(7)  Subject to the provisions of chapter 13 of Title 3, employ and set the compensation of such assistants, clerical or otherwise, as he or she deems necessary for the proper and efficient administration of his or her office.  However, he or she shall not expend or authorize expenditure of funds for his or her office in excess of the amount appropriated for his or her office in any fiscal year.

(9)  Approve and coordinate all requests by state departments, agencies, commissions and state-created authorities for accounting or auditing services by an independent accounting firm for any of the departments’, agencies’, commissions’ or state-created authorities’ funds, financial accounts, and records, or for any accounting or auditing services for which payment is to be made from any funds controlled or administered by any state department, agency, commission or state-created authority, prior to the negotiation of any contractual obligations with the independent firms.  All audit reports and reports of findings and recommendations issued by an independent accounting firm under this section shall be addressed to the auditor of accounts for distribution in accordance with subdivision 5 of this section.

(10)(8)  Require all state departments and agencies to file with the auditor of accounts all audit reports and reports of findings and recommendations received as a result of audits and examinations conducted by or for any federal agency.

(11)(9)  Perform, or contract with independent public accountants licensed in the state of Vermont to perform, financial and compliance audits as required by the Federal Single Audit Act of 1984, 31 U.S.C. § 7501 et seq. This subdivision shall not apply to the University of Vermont and the Vermont State Colleges.

(12)(A)  Biennially audit the economic advancement tax incentives program established under chapter 151, subchapter 11E of this title to determine compliance with that subchapter and all other applicable statutes and regulations.  The auditor’s report shall be made available to the general assembly during the fourth quarter of the second year of each biennium. The auditor shall include in this biennial audit verifications of any of the inspections done by the tax department of awardees of economic advancement tax incentives to determine the relationship between performance and credits claimed.

(B)(10)  Biennially audit the Vermont employment growth incentive program established under 32 V.S.A. § 5930b and other applicable statutes and regulations, and report the audit to the general assembly, the Vermont department of taxes, and the Vermont economic progress council by March 31 after the audit yearThe audit shall include a comparative examination of the economic advancement tax incentive program and the Vermont employment growth incentives program with respect to performance measurements, program expenditure controls, the adequacy and availability of program information, and recommendations for improved accountability and fiscal controls.  The auditor shall develop benchmarks, known as “best management practices” that in the judgment of the auditor need to be met so that the Vermont employment growth incentives program may be administered in the most fiscally sound and well-managed manner.  The auditor’s report shall be submitted during the first quarter of the second year of each biennium to the department of taxes and the economic incentive review board established by 32 V.S.A. § 5930a(a) (except that in the second year of the 2007-2008 biennium the auditor’s report shall be submitted to the Vermont economic progress council).  The department and the board (and in the 2007-2008 biennium, the council) shall review the auditor’s report and in the fourth quarter of each biennium report to the senate committee on economic development, housing and general affairs, the senate committee on finance, the house committee on commerce and the house committee on ways and means in response to the findings and recommendations of the auditor together with any recommendations for improvements or amendments.

Sec. 24.  32 V.S.A. § 167(a) is amended to read:

(a)  For the purpose of examination and audit authorized by law, all the records, accounts, books, papers, reports, and returns in all formats of all departments, institutions, and agencies of the state including the trustees or custodians of trust funds and all municipal, school supervisory union, school district, and county officers who receive or disburse funds for the benefit of the state, shall be made available to the auditor of accounts.  It shall be the duty of each officer of each department, institution, and agency of the state or municipality, school supervisory union, school district, or county to provide the records, accounts, books, papers, reports, returns, and such other explanatory information when required by the auditor of accounts.

Sec. 25.  32 V.S.A. § 431(a) is amended to read:

(a)  The treasurer, the auditor and the governor shall select the banks in which the funds of the state treasury shall be deposited.  Each agency or department of the state shall be required to obtain the approval of the treasurer to establish and maintain a bank account of a selected bank as well as develop procedures, approved by the treasurer, to reconcile a bank account.  The treasurer shall annually furnish the auditor, on a timely basis, a certified statement from each bank, with which he or she has an account, of the amount of such account.

Sec. 26.  32 V.S.A. § 432 is amended to read:

§ 432.  MANAGEMENT OF INVESTED STATE MONEY

In the management of funds and securities belonging to the state or held in the treasury, with approval of the governor and auditor of accounts, he or she may change the form of investment thereof by exchange of securities or by sale and reinvestment of the same, as may be required for the safety and permanent security of such funds, may collect accruing interest and reinvest the same and may collect, enforce payment of, and reinvest all maturing securities and obligations and, for such purposes, may make legal transfers of the title of the same.

Sec. 27.  32 V.S.A. § 901 is amended to read:

§ 901.  BORROWING MONEY

The treasurer shall not make a contract binding the state for money borrowed unless it is countersigned by the secretary of state and the auditor.

Sec. 28.  32 V.S.A. § 1001(d)(1) is amended to read:

(1)  Membership.  Committee membership shall consist of:

(A)  As ex officio members:

(i)  the state treasurer;

(ii)  the auditor of accounts;

(iii)  the secretary of administration; and

(iv)(iii)  the secretary of the Vermont municipal bond bank.

(B)  One individual not an official or employee of state government appointed by the governor for a two-year term.

(C)  The auditor of accounts who shall be a nonvoting ex officio member.

Sec. 29.  32 V.S.A. § 1671(a)(6) is amended to read:

(6)  Notwithstanding any other provision of law to the contrary, for the recording or filing, or both, of any document that is to become a matter of public record in the town clerk's office, or for any certified copy of such document, a fee of $8.00 per page shall be charged; except that for the recording or filing, or both, of a property transfer return, a fee of $8.00 shall be charged;

Sec. 30.  32 V.S.A. § 4774(b) is amended to read:

(b)(1)  The treasurer or collector shall deposit to the general fund any tax overpayment by a taxpayer who has paid by mail or electronic fund transfer, provided that:

(1)(A)  the payment made was equal to the taxes due without regard to the discount under section 4773 of this title; and

(2)(B)  the overpayment amount is $2.00 $10.00 or less.

(2)  If the taxpayer requests refund of such an overpayment within one year of payment, the treasurer or collector shall refund it.

Sec. 31.  32 V.S.A. § 5137 is amended to read:

§ 5137.  RECORDING DELINQUENT PAYMENTS

A collector of taxes for a town or municipality within it shall receipt for every payment made to the collector on account of delinquent taxes.  Such receipt shall be written in triplicate in a bound book or other permanent record purchased at the expense of the municipality and shall indicate the date of the payment, the name of the person making the payment, the name of the person against whom was assessed the tax on which the payment is to be applied, the year in which such tax was assessed and if a partial payment on an annual tax bill, whether applied on poll, personal property or real estate taxes.  Such collector shall detach and deliver the original receipt forthwith to the person making the payment and one copy thereof within 30 days to the town clerk who shall keep such copy on file.  Such collector shall purchase at the expense of the municipality for which the collector is acting a sufficient number of such bound triplicate receipt books having the sets of originals and copies consecutively numbered.  Annually, on or before February 5, the collector shall deliver to the auditors of each municipality for which the collector is acting all such bound volumes in which entries pertaining to such municipality have been made during the year ending January 31 next preceding, and the auditors shall audit the books forthwith and after the completion of audit shall return such books to such collector.

Sec. 32.  REPEAL

(a)  10 V.S.A. § 1960(f) (annual audit of advisory committee books) shall be repealed.

(b)  32 V.S.A. § 163(10) (biennial audit of employment growth incentive program) shall be repealed on December 31, 2012.

Sec. 33.  EFFECTIVE DATE

Secs. 6 and 7 shall take effect upon passage.

and that upon passage, the title of the bill shall read:

“AN ACT RELATING TO MISCELLANEOUS AMENDMENTS TO ELECTION AND GOVERNMENT LAWS

(Committee Vote: 5-0-0)

(For House amendments, see House Journal for March 19, 2008, page 635; March 20, 2008, page 649.)

Reported favorably by Senator Condos for the Committee on Finance.

(Committee vote: 6-0-1)

NEW BUSINESS

Third Reading

H. 515

An act relating to the collection and disposal of mercury-added thermostats.

H. 588

An act relating to property loaned to museums.

H. 806

An act relating to public water systems.

H. 867

An act relating to health insurance plan coverage for athletic trainer services.

House Proposal of Amendment

S. 233

An act relating to temporary officiants for marriages and civil unions.

The House proposes to the Senate to amend the bill as follows:

First:  In Sec. 2, 18 V.S.A. § 5144a(a)(2), by striking “$150.00” and inserting in lieu thereof “$100.00

Second:  In Sec. 2, 18 V.S.A. § 5144a(b), in the second sentence, by striking the second instance of the word “marriage

Third:  In Sec. 4, 18 V.S.A. § 5164a(a)(2), by striking “$150.00” and inserting in lieu thereof “$100.00

Fourth:  In Sec. 4, 18 V.S.A. § 5164a(b), in the second sentence, by striking “marriage

House Proposal of Amendment

S. 241

An act relating to special veteran and gold star registration plates.

The House proposes to the Senate to amend the bill as follows:

First:  By striking Sec. 4 in its entirety and  adding a new Sec. 4 to read:

Sec. 4.  COMMISSIONER OF MOTOR VEHICLES REPORT ON ISSUANCE OF DISTINCTIVE REGISTRATION PLATES

The commissioner of motor vehicles shall report to the house and senate committees on transportation by January 15, 2009, on the best methods of administering the issuance of distinctive registration plates, including motorcycle plates, with the logo of the organization or group sponsoring or requesting the plates.  In addition to any other issue deemed appropriate by the commissioner, the report shall consider the advisability of requiring a bond or cash deposit and a minimum number of applicants before the plates may be produced.  The report shall also examine appropriate fees, the design of the plates, such as standard plates with logo decals, and if a minimum number of plates must be issued over a specific period in order for the program to continue.

     Second:  By adding a Sec. 5 to read:

Sec. 5.  EFFECTIVE DATES

Sec. 4 and this section shall take effect from passage, and the remainder of the act shall take effect on January 1, 2009.

House Proposal of Amendment

S. 342

An act relating to Lake Champlain commemorative motor vehicle plates.

The House proposes to the Senate to amend the bill by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  23 V.S.A. § 515c is added to read:

§ 515c.  LAKE CHAMPLAIN QUADRICENTENNIAL COMMEMORATIVE MOTOR VEHICLE PLATES

(a)  Legislative intent.  It is the intent of the general assembly to commemorate the 400 years since the discovery of Lake Champlain in 1609.  In order to provide an appropriate tribute to the 400th anniversary, it is the purpose of this section to provide for the generation of revenue to help underwrite the costs for this celebration by authorizing the design, purchase, sale, and display of commemorative motor vehicle plates.

(b)  Authority.  The Lake Champlain quadricentennial commission is authorized to design, produce, purchase, distribute, and sell commemorative motor vehicle plates as described in subsection (a) of this section.  Plates shall not be produced, sold, distributed, or displayed which are not approved by the commissioner of motor vehicles.

(c)  Use.  Residents of the state of Vermont may display one approved commemorative plate on the front of a registered motor vehicle as provided in this subsection.  The commemorative plates shall not be used instead of regular registration plates, nor are they required to be displayed on a motor vehicle.  The commemorative plate may be displayed on a motor vehicle registered as a pleasure car and on trucks registered for less than 26,001 pounds and excluding vehicles registered under the International Registration Plan, by covering the front registration plate with the commemorative plate from July 1, 2008 until June 30, 2010.  The regular front registration plate shall not be removed.  The rear registration plate shall be in place and clearly visible at all times.

(d)  Price.  The retail price shall be established by the Lake Champlain quadricentennial commission; however, the first 400 plates shall be numbered as such and shall sell for a premium price, and the remainder of the plates issued shall sell for not less than $25.00.

House Proposal of Amendment

House Proposal of Amendment to Senate Proposal of Amendment

H. 641

An act relating to nursing mothers in the workplace.

The House proposes to the Senate to amend the proposal of amendment as follows:

     First:  By striking Sec. 1 and inserting in lieu thereof the following:

Sec. 1.  21 V.S.A. § 302 is amended to read:

§ 302.  Definitions

For the purposes of this subchapter:

(1)  “Employer” as used in this subchapter shall mean and include an individual, a partnership, an association, a corporation, a legal representative, trustee, receiver, trustee in bankruptcy, and any common carrier by rail, motor, water, air or express company doing business in or operating within the state.  means any individual, organization, or governmental body, including any partnership, association, trustee, estate, corporation, joint stock company, insurance company, or legal representative, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor thereof, and any common carrier by mail, motor, water, air, or express company doing business in or operating within this state, and any agent of the employer, that has one or more individuals performing services for it within this state.

(2) “Employee” shall mean and include every person who may be permitted, required or directed by any employer, as defined in this section in consideration of direct or indirect gain or profit, to engage in any employment.  means every person who may be permitted, required or directed by any employer, in consideration of direct or indirect gain or profit, to perform services.

     Second:  In Sec.1, 21 V.S.A. § 305 in subsection (d) in the first sentence by striking the word “subchapter” and inserting in lieu thereof the word “section

Resolutions for Action

S.R. 27

Senate resolution designating April 30 as Walk @ Lunch Day.

(For text of Resolution, see Senate Journal of April 21, 2008, page 718)

S.R. 28

Senate resolution relating to amendments of the Permanent Rules of the Vermont Senate.

(For text of Resolution,  see Senate Journal of April 21, 2008, page 719

J.R.H. 61

Joint resolution designating May 2008 as Carcinoid Cancer Awareness Month.

(For text of Resolution, see Senate Journal of April 21, 2008, page 717)


NOTICE CALENDAR

Favorable with Proposal of Amendment

H. 669

An act relating to the Vermont historic downtown.

Reported favorably with recommendation of proposal of amendment by Senator Miller for the Committee on Economic Development, Housing and General Affairs.

The Committee recommends that the Senate propose to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

* * * Historic Downtown  Designation Duration * * *

Sec. 1.  24 V.S.A. § 2792(a) is amended to read:

(a)  A “Vermont downtown development board,” also referred to as the “state board,” is created to administer the provisions of this chapter.  The state board members shall be the following permanent members, or their designees:

(1)  The secretary of commerce and community development;.

(2)  The secretary of transportation;.

(3)  The secretary of natural resources;.

(4)  The secretary of human services;.

(5)  The commissioner of public safety;.

(6)  The commissioner of housing and community affairs; and.

(7)  The state historic preservation officer.

(8)  Three public members representative of local government, one of whom shall be designated by the Vermont league of cities and towns, and two shall be appointed by the governor.

Sec. 2.  24 V.S.A. § 2793(c) is amended to read:

(c)  The state board shall review a community’s designation every three five years and may review compliance with the designation requirements at more frequent intervals.  If at any time the state board determines that the downtown development district no longer meets the standards for designation established in subsection (b) of this section, it may take any of the following actions:

(1)  require Require corrective action; .

(2)  provide Provide technical assistance through the Vermont downtown program; or .

(3)  remove Limit eligibility for the benefits established in section 2794 of this chapter without affecting any of the district’s previously awarded benefits.

(4)  Remove the district’s designation, with such removal not without affecting any of the district’s previously awarded benefits.

Sec. 3.  24 V.S.A. § 2793a(d) is amended to read:

(d)  The state board shall review a village center designation every three five years and may review compliance with the designation requirements at more frequent intervals.  If, at the any time of the review, the state board determines that the village center no longer meets the standards for designation established in subsection (a) of this section, it may take any of the following actions:

(1)  require Require corrective action; .

(2)  provide Provide technical assistance through the Vermont downtown program; or .

(3)  remove Limit eligibility for the benefits pursuant to subsection (c) of this section without affecting any of the village center’s previously awarded benefits.

(4)  Remove the village center’s designation, with such removal not without affecting any of the village center’s previously awarded benefits.

Sec. 4.  24 V.S.A. § 2793b(d) is amended to read:

(d)  The state board shall review a new town center designation every three five years and may review compliance with the designation requirements at more frequent intervals.  If at any time the state board determines the new town center no longer meets the standards for designation established in subsection (b) of this section, it may take any of the following actions:

(1)  require Require corrective action;.

(2)  provide Provide technical assistance through the Vermont downtown program; or.

(3)  remove Limit eligibility for the benefits pursuant to subsection (c) of this section without affecting any of the new town center’s previously awarded benefits.

(4)  Remove the new town center’s designation , with such removal not without affecting any of the town center’s previously awarded benefits.

Sec. 5.  EFFECTIVE DATE

Secs. 1-5 of this act shall take effect upon passage.

* * * Brownfield Reclamation * * *

Sec. 6.  PURPOSE

The purpose of this act is to create a property cleanup program within the agency of natural resources, that provides program participants with some protection from certain liabilities pursuant to 10 V.S.A. § 6615 in exchange for having the secretary of natural resources review and oversee work plans for investigation, abatement, removal, remediation, and monitoring a contaminated property.  The goals of the cleanup program are to:

(1)  Reduce and eliminate threats to human health and the environment presented by hazardous material contamination.

(2)  Establish risk‑based restrictions on future use of property when setting cleanup goals for a contaminated property.

(3)  Reuse historically productive properties that will revitalize communities and help address issues raised by economic shifts while maintaining and enhancing existing public infrastructure.

(4)  Utilize public investment and technical assistance to promote successful redevelopment projects.

(5)  Reduce state legal liability risks associated with a brownfields site for parties who assume responsibility for property remediation.

Sec. 7.  10 V.S.A. chapter 159, subchapter 3 is added to read:

Subchapter 3.  Brownfields Reuse and Environmental Liability Limitations

§ 6641.  BROWNFIELD PROPERTY CLEANUP PROGRAM; CREATION; POWERS

(a)  There is created the brownfield property cleanup program to enable certain interested parties to request the assistance of the secretary to review and oversee work plans for investigating, abating, removing, remediating, and monitoring a property in exchange for protection from certain liabilities under section 6615 of this title.  The program shall be administered by the secretary who shall:

(1)  Specify an appropriate amount or type of insurance; require the posting of a bond or other form of financial assurance; or establish other qualifications for persons carrying out activities related to the cleanup program.

(2)  Contract with private engineers, hydrologists, and site professionals to provide the investigation and review required by this subchapter.  The contract may be financed from the oversight costs established in subdivision 6644(5) of this title, or may bill an applicant who is not liable under subdivision 6615(a)(1) of this title for the services.

(3)  Release an applicant from state liability, provided the applicant is in compliance with this subchapter.

(b)  After approval of a site investigation work plan or a corrective action plan, the secretary shall notify the person of any future requirements under this subchapter, including a tentative schedule of processing times.

§ 6642.  DEFINITIONS

For the purposes of this subchapter:

(1)  “Applicant” means a person who has applied for relief from state liability through participation in the program.

(2)  “Brownfield site” means real property, the expansion, redevelopment, or reuse of which may be complicated by the release or threatened release of a hazardous material.  “Brownfield site” does not include any of the following:

(A)  A facility that is the subject of a planned or ongoing removal action under CERCLA.

(B)  A facility that is listed as a CERCLA site or is proposed for listing.

(C)  A facility that is the subject of any state or federal administrative or court order under any of the following authorities:

(i)  42 U.S.C. § 9601 et seq. (CLERCLA) or 10 V.S.A. §6615 (state hazardous materials remediation).

(ii)  42 U.S.C. § 6901 et seq. (solid waste disposal act) or 10 V.S.A chapter 159 (solid waste or hazardous waste).

(iii)  33 U.S.C. § 1251 et seq. (federal Water Pollution Control act) or 10 V.S.A. chapter 47 (water pollution control).

(iv)  15 U.S.C. § 2601 et seq. (toxic substances control act).

(v)   42 U.S.C. § 300f et seq. (safe drinking water act) or 10 V.S.A. § chapter 56 (public water supply).

(D)  A facility that is subject to either of the following:

(i)  Corrective action under 42 U.S.C. § 6924(u) or 6928(h).

(ii)  Corrective action permit or order issued or modified to require the implementation of corrective measures.

(E)  A land disposal unit in regard to which both of the following apply:

(i)  A closure notification under subtitle C of  42 U.S.C. § 6921 et seq. has been submitted.

(ii)  Closure requirements have been specified in a closure plan or permit.

(F)  A facility that is subject to the jurisdiction, custody, or control of any instrumentality of the United States, except for land held in trust by the United States for an Indian tribe.

(G)  A portion of a facility to which both the following apply:

(i)  A release of polychlorinated biphenyls has occurred.

(ii)  Is subject to remediation under 15 U.S.C. § 2601 et seq. (toxic substances control act).

(H)  A portion of a facility for which assistance for response activity has been obtained under subtitle I of 42 U.S.C. § 6991 et seq. (solid waste disposal act) from the leaking underground storage tank trust fund established under 26 V.S.A. § 9508.

(3)  “CERCLA” means the Comprehensive Response Compensation and Liability Act, 42 U.S.C. § 9601 et seq.

(4)  “Innocent current owner” means a person that owns real property where a release or threatened release of a hazardous material exists but the person did none of the following:

(A)  Held an ownership interest in the property or in any related fixtures or appurtenances, excluding a secured lender’s holding indicia of ownership in the property to assure the repayment of a financial obligation at the time of any disposal of hazardous materials on the property.

(B)  Directly or indirectly caused or contributed to any releases or threatened releases of hazardous materials at the property.

(C)  Operated or controlled the operation at the property of a facility for the storage treatment or disposal of hazardous materials at the time of the disposal of hazardous materials at the property.

(D)  Disposed of or arranged for the disposal of hazardous materials at the property.

(E)  Generated the hazardous materials that were disposed of at the property.

(5)  “Program”  means the brownfield property cleanup program

(6)  “Remediation standards” means standards developed by the secretary for the remediation of contaminated properties.  The secretary shall determine appropriate remediation standards on a site‑specific basis and shall consider all the following:

(A)  Future land use and the appropriate use of institutional controls.

(B)  Environmental media, including soil, groundwater, surface water, and air.

(C)   Requirements for source removal, treatment, or containment.

(D)  Appropriate use of monitored natural attenuation.

(E)  Any other issue related to the protection of public health and the environment.

§ 6643.  APPLICATION PROCESS

A person shall apply to the secretary for participation in the program on a form determined by the secretary accompanied by a nonrefundable application fee of $500.00.  The application shall include:

(1)  A preliminary environmental assessment of the property, a legal description of the property, a description of the physical characteristics of the property, the nature and extent of releases and threatened releases at the property, and the risks to human health and the environment presented by the releases or threatened release, and any other information requested by the secretary.

(2)  A description of the proposed redevelopment and use of the property.

(3)  A certification that the applicant has given timely notification to the public that provides a reasonable opportunity for public comment to the secretary regarding the information and material provided in subdivisions (2) and (3) of this section.

(4)  A notarized certification, on a form provided by the secretary, in which the applicant attests to all the following:

(A)  Each person who would benefit from liability protection pursuant to section 6653 of this title has disclosed to the secretary all information currently known to the person or in the person’s possession or control that relates to releases or threatened releases of hazardous materials at the property.

(B)  No person, including a principal, owner, director, affiliate, or subsidiary, who would benefit from liability protection pursuant to section 6653 of this title:

(i)  Currently holds or ever held an ownership interest in the property or in any related fixtures or appurtenances, except for either of the following:

(I)  A secured lender’s holding indicia of ownership in the property primarily to assure repayment of a financial obligation.

(II)  An innocent current owner.

(ii)  Directly or indirectly caused or contributed to any releases or threatened releases of hazardous materials at the property.

(iii)  Currently operates or controls or ever operated or controlled the operation at the property of a facility for the storage, treatment, or disposal of hazardous materials from which there was a release.

(iv)  Disposed of, or arranged for the disposal of hazardous materials at the property.

(v)  Generated hazardous materials that were disposed of at the property.

§ 6644.  GENERAL OBLIGATIONS

Any person participating in the program shall do all the following:

(1)  Not provide any information required under this subchapter by fraud, intentional misrepresentation, failure to disclose material information, or providing false certification.

(2)  Not engage in any activity that is inconsistent or interferes with monitoring, investigation, abatement, removal, or remediation activities or the conditions or restrictions in a certificate of completion.

(3)  Provide access to and cooperate with the secretary and any person liable pursuant to section 6615 of this title acting subject to the approval of the secretary for investigation, abatement, removal, remediation, or monitoring activities at the property.   The grant of access and all other provisions that the secretary determines necessary may be memorialized in the form of an interest in real property that runs with the land and is binding against successors and assigns.

(4)  Comply with all rules and procedures required by the secretary and obtain all necessary permits, certifications, and other required authorizations prior to beginning any site investigation or corrective action plan activities.

(5)  If an innocent current owner, pay the secretary an oversight fee of $5,000.00.  Upon depletion of this $5,000.00 fee, the applicant shall pay any additional costs of the secretary’s review and oversight of the site investigation or corrective action plan, or both.  Upon completion of the secretary’s review and oversight, any funds remaining shall be returned to the applicant, as determined by the commissioner.

(6)  Provide the secretary with all documents and information relating to the performance of the investigation, abatement, removal, remediation, and monitoring activities.

(7)   Defend, indemnify, save, and hold harmless the state from all claims and causes of action related to, or arising from, acts or omissions of the applicant in performing the site investigation and corrective action plan except in the case of either of the following:

(A)  Reimbursement of fees or costs improperly required by and paid to the secretary by the eligible person or successor.

(B)  A cause of action related to the state’s liability pursuant to subsection 6615(a) of this title.

§ 6645.  ELIGIBILITY

Not more than 30 days after the secretary receives a complete application, the secretary shall determine eligibility and provide written notice to the applicant of the secretary’s determination.  A person is eligible for participation in the program if the secretary determines all the following:

(1)  There is a release or threatened release of hazardous material at the property that the person proposes for remediation and redevelopment.

(2)  The applicant is not liable pursuant to section 6615 of this title for any release or threatened release of a hazardous material at the property or the person is an innocent current owner of the property.  The commissioner may accept an affidavit of innocence or may request further information and investigate to determine compliance with this subsection.  Any determination of innocence or liability under this subdivision is solely for the purpose of the initial eligibility determination for this program and shall have no collateral effect in other proceedings.

(3)  The property is a brownfield site or the secretary determines, on a site‑by‑site basis, both the following:

(A)  The property is not a brownfield site because it is excluded pursuant to subdivisions 6642(1)(A), (C)(ii) – (v), (D), (E), (G), or (H) of this title.

(B)  Participation in the program will promote the program objectives identified in subsection 6641(a) of this title.

§ 6646.  FORBEARANCE

The state may not bring an action against an applicant based on liability pursuant to subdivision 6615(a)(1) of this title, provided that the applicant has been determined to be eligible for the program and is working in good faith toward meeting the obligations required by this subchapter.

§ 6647.  SITE INVESTIGATION

(a)  The applicant shall submit a site investigation work plan to the secretary.  The work plan shall identify the person or persons who will conduct the site investigation.  The work plan shall provide a site investigation that satisfies all the following objectives:

(1)  Defines the nature, source, degree, and extent of the contamination.

(2)  Defines all possible pathways for contaminant migration.

(3)  Presents data that quantify the amounts of contaminants migrating along each pathway.

(4)  Defines all relevant sensitive receptors.

(5)  Determines the risk of contamination to human health and the environment.

(6)  Identifies appropriate abatement, removal, remediation, and monitoring activities, taking into consideration the proposed redevelopment for the property supported by sufficient information.

(7)  Provides a preliminary recommendation supported by sufficient information.

(b)  The secretary shall evaluate the site investigation work plan and shall either approve, approve with conditions, or disapprove the site investigation work plan.  If the secretary approves the site investigation work plan with conditions or disapproves the work plan, the applicant shall submit a revised site investigation work plan for approval, or the applicant shall withdraw from the program.  The applicant shall submit any additional or corrected information requested by the secretary at any time during the evaluation of the site investigation work plan.

(c)  After approval of the site investigation work plan, the applicant shall implement the site investigation in accordance with the approved work plan.

(d)  After completion of the site investigation, the applicant shall submit a site investigation report that describes the information gathered and provides recommendations that address the items identified in subsection (a) of this section.  The secretary may approve the site investigation report or, prior to approval, may require revisions to the report or further site investigation work under an amended site investigation work plan, or both.

(e)  If the approved site investigation report concludes that no further investigation, abatement, removal, remediation, or monitoring activities are required to protect adequately human health and the environment and to meet all applicable remediation standards, then the applicant may request a determination from the secretary that no additional investigation, abatement, removal, remediation, or monitoring activities are required.  The secretary may make that determination if the secretary determines both the following:

(1)  Redevelopment and reuse of the property will not cause, allow, contribute to, worsen, or delay any release or threatened release of hazardous materials at the property.

(2)  The releases or threatened releases that are not abated, removed, or remediated do not pose an unacceptable risk to human health, and the environment and applicable remediation standards are met.

(f)  If the approved site investigation report concludes that abatement, removal, remediation, or monitoring activities are required to protect adequately human health and the environment and to meet all applicable remediation standards, the applicant shall submit a corrective action plan in accordance with section 6648 of this title.

§ 6648.  CORRECTIVE ACTION PLAN

(a)  A corrective action plan shall clearly describe the basis and details of a proposed cleanup strategy that includes ensuring technical feasibility, an effective engineering design, reasonable costs, protection of human health and the environment, and compliance with the remediation standards.  The corrective action plan shall include all the following:

(1)  A description of all releases or threatened releases existing at the property.

(2)  A proposed plan for abatement, removal, and remediation of any release or threatened release, including any condition that has led or could lead to a release or threatened release.

(3)  A plan for continued monitoring of the property during and after the investigation, abatement, removal, and remediation activities are completed.

(4)  A description of applicable remediation standards.

(5)  Plans for all the following:

(A)  Quality assurance.

(B)  Sampling and analysis.

(C)  Health and safety considerations.

(D)  Data management and record keeping.

(6)  A proposed schedule for implementation of each task set forth in the proposed corrective action plan.

(b)  The secretary shall evaluate the corrective action plan and shall either approve, approve with conditions, or disapprove the corrective action plan.  The applicant shall submit any additional or corrected information requested by the secretary at any time during the evaluation of the corrective action plan.

(c)  The secretary may approve a corrective action plan for all or a portion of the releases or threatened releases at the property, provided the secretary determines that the corrective action plan will fulfill both the following:

(1)  Activities in the approved corrective action plan and the redevelopment and use of the property will not cause, contribute to, or worsen any release or threatened release of hazardous materials.

(2)  The corrective action plan provides for all investigation, abatement, removal, remediation, and monitoring activities required to protect human health and the environment and to meet all applicable remediation standards.

(d)  If the secretary approves a corrective action plan that addresses only a portion of the releases or threatened releases at the property, the secretary must find that the releases or threatened releases that are not abated, removed, or remediated pursuant to the corrective action plan do not and will not pose an unacceptable risk to human health and the environment and are in compliance with remediation standards.

(e)  Prior to approval of the corrective action plan, the secretary shall provide notice to the public by publishing notice in a local newspaper of general circulation where the property is located and providing written notice to the clerk for the municipality in which the property is located.  The clerk shall post the notice in a location conspicuous to the public.  The secretary shall review any public comment submitted prior to approval of the corrective action plan.  The notice shall include all the following:

(1)  A description of any proposed abatement, investigation, remediation, removal, and monitoring activities.

(2)  A statement that the secretary is considering approving a corrective action plan that provides for those activities.

(3)  A request for public comment on the proposed activities to be submitted within 15 days after publication.

(4)  The name, telephone number, and address of an agency official who is able to answer questions and accept comments on the matter.

(f)  After approval of a corrective action plan and any amendments to the plan, the secretary shall notify the claimant of all the following information:

(1)  A summary of the nature of the contamination identified on the property and the major components of the corrective action plan.

(2)  A detailed description of any restrictions on the future use of the property.

(3)  The location where all information relating to an approved corrective action plan and site investigation may be reviewed.

(g)  The person receiving the approval shall file the notice of approval of the corrective action in the land records of the municipality in which the property is located within 15 days of receipt of the approval.

§ 6649.  AMENDMENTS TO A CORRECTIVE ACTION PLAN

(a)  Except for the corrective action plan adjustment limitations provided  under subsection (b) of this section, at the applicant’s request or in the secretary’s discretion, the secretary may amend the plan if the secretary determines that the amendment is necessary to protect public health and the environment.

(b)  An approved corrective action plan of an applicant who became a participant in the program prior to acquiring any ownership interest in the property and who is not otherwise liable pursuant to section 6615 of this title may be amended only at the secretary’s discretion, provided the amendments to the corrective action plan do not increase the costs of completion by more than 30 percent of the estimated costs of the original corrective action plan.

(c)  Notwithstanding issuance of a certificate of completion pursuant to section 6653 of this title, if at any time the secretary finds that a completed corrective action plan fails to protect adequately human health and the environment or fails to meet all applicable remediation and federal cleanup standards, the secretary may do any of the following;

(1)  Exercise authority pursuant to section 6615 of this title against any liable person except the person or the successor of the person that completed the corrective action plan.

(2)  Perform all investigation, abatement, removal, remediation, or monitoring activities necessary to ensure the property meets all the applicable remediation standards.

§ 6650.  PROGRAM WITHDRAWAL

(a)  An applicant may withdraw from the program at any time, provided the applicant does all the following:

(1)  Files with the secretary a notice of intent to withdraw from the program.

(2)  Ensures that the site is stabilized.  Site stabilization includes any action necessary to ensure that work conducted at the property will not cause greater risk to human health and the environment than existed before the remediation work was begun and to ensure that the property will not pose an imminent hazard to human health or the environment.

(3)  Continues to comply with the general obligations of section 6644 of this title.

(b)  An applicant may withdraw from the program after the approval of a corrective action plan and the secretary has granted personal liability protection as authorized in subsection 6653(b) of this title provided the applicant does all the following:

(1)  Meets all the requirements of withdrawal pursuant to subsection (a) of this section.

(2)  Records a deed restriction on the property approved by the secretary.  The deed restriction shall include:

(A)  Any limitations on the uses of the property based on risk-based exposure criteria used in developing the corrective action plan.

(B)  Prohibitions against physical changes to the property.

(C)  A requirement that protective barriers to control remaining sources of contamination be installed and maintained.

(D)  Restrictions on groundwater use and requirements that alternative water supplies be provided.

(3)  Does not engage in an activity at the property that is inconsistent or interferes with the approved corrective action plan.

(4)  Does not violate any use restriction imposed on the property by the secretary.

(5)  Promptly reports and addresses contamination caused or exacerbated by a negligent or reckless action during corrective action.

§ 6651.  IMPLEMENTATION OF CORRECTIVE ACTION PLAN

(a)  The applicant shall perform all investigation, abatement, remediation, removal, and monitoring activities in accordance with the approved corrective action plan, any amendments to the plan, and all applicable local, state, and federal laws. 

(b)  If prior to the issuance of the certificate of completion, the applicant through the performance of an approved site investigation or corrective action plan worsens an existing release or threatened release of hazardous materials at the property, or causes a new release or threatened release, the applicant shall immediately notify the secretary, prepare and submit to the secretary an amendment to the corrective action plan for investigation, abatement, removal, remediation, and monitoring of the release or threatened release, and carry out the amended corrective action plan as approved by the secretary.

§ 6652.  CERTIFICATE OF COMPLETION

(a)  After completion of all activities required by the corrective action plan, the applicant shall file a completion report with the secretary.  The completion report shall include all the following:

(1)  Description of the activities performed under the corrective action plan and any amendments to the plan.

(2)  Description of any problems encountered

(3)  Certification by the applicant that the activities were performed in accordance with the corrective action plan.

(b)  Upon receipt of the completion report, the secretary shall determine whether additional work is required in order to complete the plan.  The applicant shall perform any additional activities necessary to complete the corrective action plan as required by the secretary and shall submit a new completion report.  When the secretary determines that the applicant has successfully completed the corrective action plan and paid all fees and costs due under this subchapter, the secretary shall issue a certificate of completion, which certifies that the work is completed.  The certificate of completion shall include a description of any land use restrictions and other conditions required by the corrective action plan.

(c)  If, on request of the applicant, the secretary determines that no further investigation, abatement, removal, remediation, or monitoring activities are required, the secretary shall issue a certificate of completion that includes a description of any required land use restrictions.

(d)  The secretary may determine that a corrective action plan and any amendments of an applicant who participated in the program prior to acquiring an ownership interest in the property and is not otherwise liable pursuant to section 6615 of this title have been substantially completed and that all fees and costs due under this subchapter have been paid and issue a certificate of completion.  The certificate of completion shall certify that the work is completed and may include conditions for operation and monitoring in addition to the requirements pursuant to section 6653 of this title.

(e)  A certificate of completion issued pursuant to this section shall contain a statement that the protection from liability pursuant to subsection 6653(a) of this title is in effect.  The person receiving the certificate of completion shall file it in the land records for the municipality in which the property is located.

§ 6653.  RELEASE FROM LIABILITY;  PERSONAL RELEASE FROM LIABILITY

(a)  An applicant who has obtained a certificate of completion pursuant to section 6652 of this title and successor owners of the property included in the certificate of completion who are not otherwise liable under section 6615 for the release or threatened release of a hazardous material at the property shall not be liable under subdivision 6615(a)(1) of this title for any of the following:

(1)  A release or threatened release that existed at the property at the time of the approval of the corrective action plan and complies with one or both of the following:

(A)  Was discovered after the approval of the corrective action plan by means that were not recognized standard methods at the time of approval of the corrective action plan.

(B)  The material was not regulated as hazardous material until after approval of the corrective action plan.

(2)  Cleanup after approval of the corrective action plan was done pursuant to more stringent cleanup standards effective after approval of the corrective action plan.

(b)  A person who meets the requirements of subsection 6650(b) of this title shall not be liable under subdivision 6615 (a)(1) of this title for the release of a hazardous material that is addressed in a corrective action plan approved by the secretary.  A release from liability under this subsection is personal and does not run with the property or apply to successors in interest to the property.

(c)  A release from liability under this section or forbearance from action provided by section 6646 of this title does not extend to any of the following:

(1)  A release or threatened release of a hazardous material that was not present at the time the applicant submitted an application pursuant to this subchapter where the release or threatened release:

(A)  has not been addressed under an amended corrective action plan approved by the secretary; or

(B)  was caused by intentional or reckless conduct by the applicant or agents of the applicant.

(2)  Failure to comply with the general obligations established in section 6644 of this title.

(3)  A release that occurs subsequent to the issuance of a certificate of completion.

(d)  There shall be no protection from liability under this section or forbearance under section 6646 of this title for a successor if that successor or any of its principals, owners, directors, affiliates, or subsidiaries:

(1)  Ever held an ownership interest in the property or in any related fixtures or appurtenances, excluding a secured lender who holds indicia of ownership in the property primarily to assure repayment of a financial obligation, except in the case of an innocent owner.

(2)   Directly or indirectly caused or contributed to any release or threatened release of hazardous materials at the property.

(3)  Currently operates or controls or ever operated or controlled the operation on the property of a facility for the storage, treatment, or disposal of hazardous materials from which there was a release or threatened release of hazardous materials.

(4)  Disposed of or arranged for the disposal of hazardous materials at the property.

(5)  Generated hazardous materials that were disposed of at the property.

§ 6654.  BROWNFIELD REVITALIZATION FUND; CREATION; ASSISTANCE

(a)  There is created a brownfield revitalization fund that shall be a special fund created pursuant to subchapter 5 of chapter 7 of Title 32 to be administered by the secretary of commerce and community development to aid applicants in the redevelopment of brownfield cleanup program by assessing and remediating sites.  Moneys received by the secretary of natural resources for application and participation in the program shall be deposited in the redevelopment of contaminated properties account of the environmental contingency fund established in section 1283 of this title.

(b)  The fund shall comprise of all the following;

(1)  State or federal funds appropriated by the general assembly.

(2)  Gifts, grants, or other contributions.

(c)  A person may apply to the secretary of commerce and community development for financial assistance in the form of a grant or loan from the brownfield revitalization fund for the purpose of completing characterization, assessment, or remediation of a site only after receipt of a work plan approved by the secretary submitted pursuant to the brownfield property cleanup program unless the application is for a project that has been determined to be ineligible for the program and is otherwise appropriate for funding pursuant to subsection (d) of this section.

(d)  In order to determine an award of financial assistance, the secretary of commerce and community development in consultation with the secretary of natural resources shall consider all the following:

(1)  The extent to which the proposed project will facilitate the identification and reduction of threats to human health and the environment associated with exposure to hazardous materials, pollutants, or contaminants.

(2)  The extent to which the proposed project will facilitate the use or reuse of existing infrastructure.

(3)  The potential for the proposed project to stimulate economic development.

(4)  The extent to which the proposed project will respond to local or regional housing needs.

(5)  The level of participation by a local community relating to remediation and future use of the brownfield site.

(6)  The extent to which a grant or loan will meet the needs of a community that due to a small population or the low income of the community is unable to draw on other funding sources for environmental remediation and subsequent redevelopment of the area in which a brownfield site is located.

(7)  The extent to which a grant or loan will facilitate the creation or preservation of or an addition to a park, greenway, underdeveloped property, recreational property, or other property used for nonprofit purposes.

(8)  The extent to which the grant or loan will create a more balanced geographic distribution of awards from the brownfield revitalization fund.

(e)  A grant may be awarded by the secretary of commerce and community development with the approval of the secretary of natural resources, provided:

(1)  A grant may not exceed $50,000.00 for characterization and assessment of a site.

(2)  A grant may not exceed $200,000.00 for remediation of a site.

(3)  A grant may be used by an applicant to purchase environmental insurance relating to the performance of the characterization, assessment, or remediation of a brownfield site in accordance with a corrective action plan approved by the secretary of natural resources.

(4)  Financial assistance may be provided to applicants by developing a risk sharing pool, an indemnity pool, or other insurance mechanism designed to help applicants.

(5)  All reports generated by financial assistance from the brownfield revitalization fund, including site assessments, site investigations, feasibility studies, corrective action plans, and completion reports shall be provided as hard copies to the secretaries of commerce and community development and of natural resources.

(f)  The Vermont economic development authority, VEDA, is authorized to make loans on behalf of the state pursuant to this section.  Annually, the secretary of commerce and community development with the approval of the secretary of natural resources in consultation with the VEDA manager shall determine an amount from the brownfield revitalization program that will be available to VEDA for loans.  Proceeds from repayment of loans shall be deposited in the brownfield revitalization fund and shall be available for future grants and loans under this section.  Loans under this subsection shall be issued and administered by VEDA, provided:

(1)  Loan may be awarded only to applicants who have been determined eligible by the secretary of commerce and community development with the approval of the secretary of natural resources, and the secretary of commerce and community development has certified that the applicant and the project are eligible for financing or assistance under this section and the project has priority for an award of financial assistance.

(2)  A loan to an applicant may not exceed $250,000.00 and may be used for characterization, assessment, or remediation subject to all the following conditions:

(A)  Repayment of a loan shall commence no later than one year following completion of the project for which the loan was used.

(B)  The rate of interest on loans shall be set by VEDA in consultation with the secretary of commerce and community development.  The interest rate shall be sufficiently attractive to advance the purposes of this subchapter and may be less than the prevailing borrowing rates available to similarly situated applicants from private lenders, but not less than zero percent.

(C)  Loans shall be made in accordance with the terms and conditions specified in a loan agreement executed by VEDA and the applicant.  The loan agreement shall specify the terms and conditions of the loan and repayment and any other terms and conditions determined to be necessary by VEDA and the secretaries of natural resources or of commerce and community development.

(D)  Disbursement of loan proceeds shall be based on certification by the loan recipient that costs for which reimbursement is requested have been incurred or paid by the recipient for activities under the approved plan.  The loan recipient shall provide supporting evidence of payment on request of VEDA.  Interim financing charges or short-term interest costs may constitute an allowable cost of a project for which a loan may be used.

(E)  In the event of default, any amounts owed on the loan shall be considered a debt for the purposes of 32 V.S.A. § 5932(4).  VEDA may recover this debt pursuant to the set-off debt collection remedy established pursuant to 32 V.S.A. §§ 5833 and 5934.

(F)  The applicant has certified that all state and federal permits and licenses necessary to undertake the project for which financing is being sought have been or will be obtained prior to disbursement of loan funds by VEDA.

(G)  The secretary of commerce and community development has certified to VEDA that the applicant and the project are eligible for financing or assistance under this section, and the project has priority for financial assistance.

(3)  The secretary of commerce and community development in consultation with the secretary of natural resources shall maintain a prioritized list of projects that are eligible for financial assistance under this section at least annually.  In order to prioritize, the secretary of commerce and community development shall consider at a minimum, the criteria set forth in subsection (d) of this section and the following:

(A)  The severity of any health or environmental hazard to be remediated.

(B)  The population to be served.

(C)  The readiness of the project to proceed to the next planning or construction step.

(4)  Neither the state nor VEDA shall be responsible for owning or operating a project or for completing a corrective action plan if a grant or loan recipient defaults on a loan obligation, abandons the project site, or fails to complete a corrective action plan to the satisfaction of the secretary.

(5)  The secretary of commerce and community development or the secretary of natural resources and VEDA may enter into agreements on behalf of the state with federal agencies in order to obtain grants and awards to further the purposes of the brownfield revitalization fund, provided that any grant or award has been approved in compliance with 32 V.S.A. § 5.

(6)  Annually on or before January 15, the secretary of commerce and community development and VEDA in consultation with the secretary of natural resources shall submit a report to members of the joint fiscal committee, the senate committees on economic development, housing and general affairs and on natural resources and the house committees on commerce and on natural resources and energy.  The report shall include information for the previous fiscal year, including the balance in the fund, grant and loan awards made, funds anticipated to be available in the next fiscal year, information relating to brownfield remediation activities, including the number, location, and status of brownfield sites and any other related information.

§ 6655.  STATE PLAN FOR BROWNFIELD RECLAMATION

The agency of natural resources and the agency of commerce and community development shall jointly develop a state plan for brownfield reclamation that includes both of the following:

(1)  An inventory and assessment of potential sites prioritized by the ease of reducing the threat to public health, the availability of development opportunities, and the highest expected return on public investment.

(2)  Methods and strategies for coordinating remediation with eventual usage of the sites, reclamation of high priority projects, financing projects with various public and private funding, and assuring consistent investment by the state for a minimum of ten years in order to return as many properties as possible to recreation, parks, green space, housing, and commercial uses.

§6656.  BROWNFIELD ADVISORY COMMITTEE

(a)  There is established a brownfield reuse and environmental liability limitation advisory committee to review the operation of the program established under this subchapter and to recommend program and legislative changes to improve the program and increase brownfield cleanup.  The advisory committee shall submit an annual report of its work and recommendations to the general assembly on or before January 15.  The committee shall be composed of the following 10 members:

(1)  The secretary or designee who shall be chair.

(2)  The secretary of commerce and community affairs or designee who shall be vice chair.

(3)  The attorney general or designee.

(4)  A member of the Vermont association of planning and development agencies, appointed by the association.

(5)  Six members to be appointed by the chair:

(A)  A developer of large projects with experience in brownfield redevelopment.

(B)  A developer of small projects with experience in brownfield redevelopment.

(C)  An attorney with experience representing brownfield redevelopers.

(D)  Two commercial real estate brokers with experience in the sale of brownfield properties.

(E)  A representative of a regional development corporation.

(b)  The advisory committee shall focus its deliberations on the following issues: 

(1)  Fair distribution of historic liability.

(2)  Funding mechanisms.

(3)  Exemptions for regional development corporations.

(4)  Other recommendations of the advisory committee.

Sec. 8.  10 V.S.A. § 6615(d)(3) and (i) are amended to read:

(3)  A municipality shall not be liable under this section provided that the municipality can show all the following:

* * *

(C)  The municipality has entered into an agreement with the secretary regarding sale of the property acquired or has undertaken abatement, investigation, remediation, or removal activities as required by section 6615a of this title subchapter 3 of this chapter.

(i)  In an action brought by the secretary under this section, a responsible person may implead, or in a separate action a responsible person may sue, another responsible person or persons and may obtain contribution or indemnification.  A responsible person who has resolved its liability to the state under this section through a judicially approved settlement and a secured lender or fiduciary with whom the secretary has entered into an agreement under subsection (h) of this section shall not be liable for claims for contribution or indemnification regarding matters addressed in the judicially approved settlement or in the agreement.  Likewise, an eligible a person or successor who has obtained a certificate of completion pursuant to section 6615a of this title subchapter 3 of this chapter shall not be liable for claims for contribution or indemnification regarding releases or threatened releases described in the approved corrective action plan, as amended.  Such a settlement or agreement or certificate of completion does not discharge any other potentially responsible person unless its terms so provide, but it reduces the potential liability of other potentially responsible persons by the relief agreed upon.  A secured lender or fiduciary with whom the secretary has entered into an agreement under subsection (h) of this section may not seek contribution or indemnification on the basis of such agreement from any other potentially responsible person.  In any action for contribution or indemnification, the rights of any person who has resolved its liability to the state shall be subordinate to the rights of the state.

Sec. 9.  REPEAL

10 V.S.A. § 6615a (redevelopment of contaminated properties) is repealed.

The Committee further proposes that after passage of the bill the title be amended to read as follows:

     A BILL RELATING TO THE DURATION OF HISTORIC DOWNTOWN DESIGNATIONS AND BROWNFIELD RECLAMATION.

(Committee Vote: 5-0-0)

Reported favorably by Senator Condos for the Committee on Finance.

(Committee vote: 7-0-0)

(No House amendments.)

H. 873

An act relating to cleanup of Lake Champlain and other state waters.

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

The Committee recommends that the Senate propose to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  FINDINGS

The general assembly finds that:

(1)  Vermont’s surface waters are vital assets that provide the citizens of the state clean water, recreation, and economic opportunity.

(2)  Preserving and protecting the water quality of the surface waters of Vermont is necessary to preserve the quality of life for the citizens of Vermont.

(3)  Lake Champlain does not comply with the Vermont water quality standards and has been designated by the state as impaired due to phosphorus.

(4)  The federal Clean Water Act requires Vermont to develop a plan, known as a total maximum daily load (TMDL) plan, for the cleanup of Lake Champlain.

(5)  Through adoption of the Lake Champlain TMDL and through implementation of the Clean and Clear Action Plan, Vermont has committed to the restoration of the water quality of Lake Champlain.

(6)  Since 2004, a total of nearly $65 million in state and federal funds has been made available to support the Clean and Clear Action Plan.

(7)  Despite Vermont’s financial commitment to the cleanup of Lake Champlain, the independent performance audit of the Clean and Clear Action Plan concluded that there have been no significant reductions in phosphorus loads to Lake Champlain, and there has been an actual increase in phosphorus loads during implementation of the Clean and Clear Action Plan.

(8)  The audit of the Clean and Clear Action Plan also concluded that there is a lack of coordination between programs funded under Clean and Clear, that there are no requirements for programs funded under Clean and Clear, that few of the programs funded by Clean and Clear track or measure phosphorus reduction related to the programs, that there is a general absence of any quantification of phosphorus reduction under the programs funded by Clean and Clear, and that there is a lack of a clear objective for the Clean and Clear Program as a whole.

(9)  Implementation of the Lake Champlain TMDL also lacks an accurate measure for quantifying phosphorus reduction and has failed to date to reduce phosphorus loads in Lake Champlain as a whole.

(10)  Vermont should reassert its commitment to the preservation of the water quality of the state and to the cleanup of Lake Champlain by requiring the development of a comprehensive plan to implement aggressively the Lake Champlain TMDL and to improve coordination of the Clean and Clear Action Plan.

Sec. 2.  Sec. 5 of No. 43 of the Acts of 2007 is amended to read:

Sec. 5.  10 V.S.A. chapter 47, subchapter 6 is added to read:

Subchapter 6.  Lake Champlain Water Quality

§ 1385.  THE LAKE CHAMPLAIN TOTAL MAXIMUM DAILY LOAD PLAN

(a)(1)  The secretary of natural resources shall reopen the total maximum daily load (TMDL) plan for Lake Champlain as it pertains to the waters of Vermont in order to:

(A)  Adopt a new hydrologic base year to reflect the average phosphorus load discharged to Lake Champlain between 1993 and 2004;

(B)  Allocate point source and non-point source load reductions on a subwatershed basis; and

(C)  Ensure that the total annual phosphorus discharged by all wastewater treatment facilities in the aggregate does not exceed the total phosphorus load discharged to Lake Champlain by all wastewater treatment facilities in the aggregate in 2006 and to adjust aggregate total phosphorus load allocations to Lake Champlain accordingly; and

(D)  Amend pollutant load allocations within the TMDL so as to reduce point source and non-point source load allocations in order to reasonably assure that the TMDL meets the Vermont water quality standards.

(2)  The amended TMDL shall be submitted to the U.S. Environmental Protection Agency as required by 33 U.S.C. § 303.

(b)  In addition to the requirements of subsection (a) of this section, the secretary of natural resources shall amend the Vermont-specific implementation plan of the Lake Champlain TMDL to include a strategy for identifying and targeting critical source areas for non-point source pollution in each subwatershed.  For the purposes of this subsection, “critical source area” means an area in a watershed with high potential to release phosphorus to surface or subsurface runoff to waters of the state.

(c)  In amending the TMDL for Lake Champlain under subsection (a) of this section and in amending the Vermont-specific implementation plan of the Lake Champlain TMDL under subsection (b) of this section section 1386 of this title, the secretary of natural resources shall comply with the public participation requirements of 40 C.F.R. § 130.7(c)(1)(ii). 

§ 1386.  IMPLEMENTATION PLAN FOR THE LAKE CHAMPLAIN TOTAL MAXIMUM DAILY LOAD PLAN

(a)  On or before January 15, 2010, the secretary of natural resources shall issue a revised Vermont-specific implementation plan for the Lake Champlain TMDL.  Beginning January 15, 2013, and every four years thereafter, the secretary of natural resources shall amend and update the Vermont-specific implementation plan for the Lake Champlain TMDL.  Prior to issuing, amending, or updating the implementation plan, the secretary shall consult with the agency of agriculture, food and markets, all statewide environmental organizations that express an interest in the plan, the Vermont League of Cities and Towns, all business organizations that express an interest in the plan, the University of Vermont Rubenstein ecosystem science laboratory, and other interested parties.  The implementation plan shall include a comprehensive strategy for implementing the Lake Champlain total maximum daily load (TMDL) plan and for the remediation of Lake Champlain.  The implementation plan shall be issued as a document separate from the Lake Champlain TMDL.  The implementation plan shall:

(1)  Include or reference the elements set forth in 40 C.F.R. § 130.6(c) for water quality management plans;

(2)  Comply with the requirements of section 1258 of this title and administer a permit program to manage discharges to Lake Champlain consistent with the federal Clean Water Act;

(3)  Develop a process for identifying critical source areas for non-point source pollution in each subwatershed.  As used in this subdivision, “critical source area” means an area in a watershed with high potential for the release, discharge, or runoff of phosphorus to the waters of the state;

(4)  Develop site-specific plans to reduce point source and non-point source load discharges in critical source areas identified under subdivision (3) of this subsection;

(5)  Develop a method for identifying and prioritizing on public and private land pollution control projects with the potential to provide the greatest water quality benefits to Lake Champlain;

(6)  Develop a method of accounting for changes in phosphorus loading to Lake Champlain due to implementation of the TMDL and other factors;

(7)  Develop phosphorus reduction targets related to phosphorus reduction for each water quality program and for each segment of Lake Champlain, including benchmarks for phosphorus reduction that shall be achieved.  The implementation plan shall explain the methodology used to develop phosphorus reduction targets under this subdivision;

(8)  Establish a method for the coordination and collaboration of water quality programs within the state;

(9)  Develop a method for offering incentives or disincentives to wastewater treatment plants for maintaining the 2006 levels of phosphorus discharge to Lake Champlain;

(10)  Develop a method of offering incentives or disincentives for reducing the phosphorus contribution of stormwater discharges within the Lake Champlain basin.

(b)  In amending the Vermont-specific implementation plan of the Lake Champlain TMDL under this section, the secretary of natural resources shall comply with the public participation requirements of 40 C.F.R. § 130.7(c)(1)(ii). 

(c)  Beginning January 15, 2010, and every four years thereafter, the secretary shall report to the house committee on fish, wildlife and water resources, the senate committee on natural resources, and the house and senate committees on agriculture with the amendments or revisions to the implementation plan for the Lake Champlain TMDL required by subsection (a) of this section.  Prior to issuing the report required by this subsection, the secretary shall hold at least three public hearings in the Lake Champlain watershed to describe the amendments and revisions to the implementation plan for the Lake Champlain TMDL.  The secretary shall prepare a responsiveness summary for each public hearing.  The report required under this subsection in January 15, 2010 shall summarize the contents of and the process leading to the adoption of the implementation plan.   Beginning January 15, 2014, the report required by this subsection shall include:

(1)  An assessment of the implementation plan for the Lake Champlain TMDL based on available data, including an evaluation of the efficacy of the implementation plan;

(2)  An assessment of the hydrologic base period used to determine the phosphorus loading capacities for the Lake Champlain TMDL based on available data, including an evaluation of the adequacy of the hydrologic base period for the TMDL;

(3)  Recommendations, if any, for amending the implementation plan or reopening the Lake Champlain TMDL.

(d)  Beginning February 1, 2009 and annually thereafter, the secretary shall submit to the house committee on fish, wildlife and water resources, the senate committee on natural resources and energy, and the house and senate committees on agriculture a clean and clear program summary reporting on activities and measures of progress for each program supported by funding under the Clean and Clear Action Plan. 

Sec. 3.  Sec. 4 of No. 43 of the Acts of 2007 is amended to read:

Sec. 4.  AGENCY OF NATURAL RESOURCES REPORT ON IMPLEMENTATION OF STORMWATER TMDLS

(a)  Beginning January 15, 2008, and every two years thereafter, the agency of natural resources shall report to the house committee on fish, wildlife and water resources, the senate committee on natural resources and energy, and the house and senate committees on agriculture regarding agency progress in establishing and implementing the total maximum daily load (TMDL) plan for Lake Champlain.  Beginning January 15, 2009, and every two years thereafter, the agency of natural resources shall report to the house committee on fish, wildlife and water resources and the senate committee on natural resources and energy regarding agency progress in establishing and implementing the TMDLs for the stormwater-impaired waters of the state.  Prior to issuing the reports required under this section, the agency of natural resources shall hold a public hearing in the Lake Champlain watershed and each watershed of a stormwater-impaired water for which a permit has been issued implementing a total maximum daily load.  The reports required by this section shall include:

(1)  An assessment of the implementation plan for the TMDL based on available data, including an evaluation of the efficacy of the implementation plan;

(2)  An assessment of the hydrologic targets of the TMDL based on available data, including an evaluation of the adequacy of the hydrologic targets of the TMDL;

(3)  Recommendations, if any, for amending an implementation plan or reopening a TMDL.

* * *

Sec. 4.  AGENCY OF NATURAL RESOURCES STORMWATER TMDL SCHEDULE

(a)  On or before October 1, 2008, the secretary of natural resources shall submit to each municipality in which a stormwater impaired water is located and to the house committee on fish, wildlife and water resources, the senate committee on natural resources and energy, and the house and senate committees on agriculture a schedule for the issuance of the implementation plans for the total maximum daily load (TMDL) plans that the U.S. Environmental Protection Agency (EPA) has approved for the stormwater-impaired waters of the state.  The schedule shall include the proposed dates on which the implementation plan for each EPA‑approved stormwater TMDL will be issued and a summary of the potential alternatives for each implementation plan, including the funding options for each alternative.

(b)  The report required under subsection (a) of this section shall also include a schedule for the submission of the remaining stormwater TMDLs to EPA for approval.

Sec. 5.  10 V.S.A. § 1264 is amended to read:

§ 1264.  STORMWATER MANAGEMENT

* * *

(e)(1)  Except as otherwise may be provided in subsection (f) of this section, the secretary shall, for new stormwater discharges, require a permit for discharge of, regulated stormwater runoff consistent with, at a minimum, the 2002 stormwater management manual.  The secretary may issue, condition, modify, revoke, or deny discharge permits for regulated stormwater runoff, as necessary to assure achievement of the goals of the program and compliance with state law and the federal Clean Water Act.  The permit shall specify the use of best management practices to control regulated stormwater runoff.  The permit shall require as a condition of approval, proper operation, and maintenance of any stormwater management facility and submittal by the permittee of an annual inspection report on the operation, maintenance and condition of the stormwater management system.  The permit shall contain additional conditions, requirements, and restrictions as the secretary deems necessary to achieve and maintain compliance with the water quality standards, including but not limited to requirements concerning recording, reporting, and monitoring the effects on receiving waters due to operation and maintenance of stormwater management facilities.

* * *

(i)  A residential subdivision may transfer a pretransition stormwater discharge permit or a stormwater discharge permit implementing a total maximum daily load plan to a municipality, provided that the municipality assumes responsibility for the permitting of the stormwater system that serves the residential subdivision.  For the purposes of this section:

(1)  “Pretransition stormwater discharge permit” means any permit issued by the secretary of natural resources pursuant to this section on or before June 30, 2004 for a discharge of stormwater.

(2)  “Residential subdivision” means land identified and demarcated by recorded plat or other device that a municipality has authorized to be used primarily for residential construction.

Sec. 6.  27 V.S.A. § 614 is added to read:

§ 614.  TRANSFER OF STORMWATER DISCHARGE PERMITS TO A MUNICIPALITY

(a)  The failure of the residential subdivision to obtain, renew, or comply with the terms of a pretransition stormwater discharge permit shall not create an encumbrance on record title to real property within the residential subdivision or affect marketability of title of real property within the residential subdivision, provided that:

(1)  The residential subdivision transfers a pretransition stormwater permit to a municipality according to the requirements of subsection 1264(i) of Title 10;

(2)  Property owners within the residential subdivision record in the land records:

(A)  The deed or other legal document of conveyance of the stormwater system to the utility; and

(B)  A notice indicating that the stormwater utility has assumed responsibility for the permitting of the stormwater system located in the residential subdivision.

(b)  The definitions found in section 1264 of Title 10 and subsection 613(a) of this title apply to this section unless otherwise indicated.  For the purposes of this section, “residential subdivision” means land identified and demarcated by recorded plat or other device that a municipality has authorized to be used primarily for residential construction.

Sec. 7.  24 V.S.A. § 4753 is amended to read:

§ 4753.  REVOLVING LOAN FUNDS; AUTHORITY TO SPEND; REPORT

(a)  There is hereby established a series of special funds to be known as:

(1)  The Vermont environmental protection agency (EPA) pollution control revolving fund which shall be used to provide loans to municipalities, state agencies, and the Vermont housing finance agency, for planning sewage systems and sewage treatment or disposal plants as defined in subdivisions 3501(6) and 3601(3) of this title, for constructing publicly-owned publicly owned sewage systems and sewage treatment or disposal plants as defined in subdivisions 3501(6) and 3601(3) of this title, for planning or construction of certain privately-owned privately owned wastewater systems, and for implementing related management programs.

(2)  The Vermont pollution control revolving fund which shall be used to provide loans to municipalities, state agencies, and the Vermont housing finance agency, for planning pollution control facilities, for constructing publicly-owned publicly owned pollution control facilities, and for constructing certain privately-owned privately owned wastewater systems and potable water supply systems.

* * *

(8)  The Vermont stormwater management fund which shall be used to provide grants and loans to municipalities, pursuant to rules proposed by the agency of natural resources and enacted by the general assembly, for planning, designing, engineering, constructing, repairing, or improving infrastructure necessary to protect the waters of the state from the adverse impacts of untreated stormwater runoff.  Funds may also be used to plan and establish a process for managing stormwater within or among municipalities.

* * *

(d)  Funds from the Vermont environmental protection agency pollution control fund and the Vermont pollution control revolving fund, established by subdivisions (a)(1) and (2) of this section, may be awarded for:

(1)  the refurbishment or construction of a new or an enlarged wastewater treatment plant with a resulting total capacity of 250,000 gallons or more per day in accordance with the provisions of this chapter and section 1626a of Title 10; or

(2)  the construction of stormwater management facilities as specifically or generally described in Vermont’s nonpoint source management plan, and which are necessary to remedy or prevent pollution of waters of the state, provided, in any year in which the federal grant for the fund established in subdivision (a)(1) of this section does not exceed the amount available to the state in the 2002 federal appropriation, no more than 10 30 percent of that year’s federal and state appropriations to that fund shall be used for the purpose outlined in this subdivision.

* * *

Sec. 8.  10 V.S.A. § 1278 is amended to read:

§ 1278.  OPERATION, MANAGEMENT, AND EMERGENCY RESPONSE PLANS FOR POLLUTION ABATEMENT FACILITIES

(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.

(b)  Planning requirement.  Effective July 1, 2007, the secretary of natural resources shall, upon renewal as part of a permit issued under section 1263 of this title, require a pollution abatement facility, as that term is defined in section 1571 of this title, to prepare and implement an operation, management, and emergency response plan for those portions of each pollution abatement facility that include the treatment facility, the sewage pumping stations, and the sewer line stream crossing. 

(c)  As of July 1, 2010, the secretary of natural resources, as part of a permit issued under section 1263 of this title, shall require a pollution abatement facility, as that term is defined in section 1571 of this title, to prepare and implement an operation, management, and emergency response plan for each permitted facility that portion of each pollution abatement facility that includes the sewage collection systems.  The requirement to develop a plan under this subsection shall be included in a permit issued under section 1263 of this title, and a plan developed under this subsection shall be subject to public review and inspection.

(d)  An operation, management, and emergency response plan shall include the following:

(1)  Identification of those elements of the facility, including collection systems that are determined to be prone to failure based on installation, age, design, or other relevant factors.

(2)  Identification of those elements of the facility identified under subdivision (1) of this subsection which, if one or more failed, would result in a significant release of untreated or partially treated sewage to surface waters of the state.

(3)  A requirement that the elements identified in subdivision (2) of this subsection shall be inspected in accordance with a schedule approved by the secretary of natural resources.

(4)  An emergency contingency plan to reduce the volume of a detected spill and to mitigate the effect of such a spill on public health and the environment.

(c)(e)  The secretary of natural resources shall post publicly notice of an illegal discharge that may pose a threat to human health or the environment on its website within 24 hours of the agency’s receipt of notification of the discharge.

Sec. 9.  10 V.S.A. § 6602(2) is amended to read:

(2)  “Solid waste” means any discarded garbage, refuse, septage, sludge from a waste treatment plant, water supply plant, or pollution control facility and other discarded material including solid, liquid, semi-solid, or contained gaseous materials resulting from industrial, commercial, mining, or agricultural operations and from community activities but does not include animal manure and absorbent bedding used for soil enrichment; high carbon bulking agents used in composting; or solid or dissolved materials in industrial discharges which are point sources subject to permits under the Water Pollution Control Act, chapter 47 of this title.

Sec. 10.  COMPOSTING FACILITY REGULATORY REVIEW

(a)  The general assembly finds that composting is an important management technique necessary for the existing and future management of solid waste in Vermont and for the management of manure and agricultural wastes on farms.  The agency of natural resources, the natural resources board, and the agency of agriculture, food, and markets should work together to protect the environment, assure the continued viability of composting facilities in the state, assure continued composting on farms, and assure that the goals of this section are accomplished.

(b)  Notwithstanding 1 V.S.A. §§ 213 and 214, until July 1, 2010, no composting facility holding a permit under 10 V.S.A. chapter 159 issued after January 1, 2001 shall be required to obtain a permit or a permit amendment under 10 V.S.A. chapter 151, except that a composting facility shall be required to obtain a permit under 10 V.S.A. chapter 151 if:

(1)  development at the composting facility exceeds the scope of the composting facility’s certification under 10 V.S.A. chapter 159, and the development is not authorized by the secretary of natural resources under 10 V.S.A. chapter 159; or

(2)  there is a substantial change at the composting facility, as it exists on the effective date of this act, that would require a permit under 10 V.S.A. chapter 151, and the change is not otherwise authorized by the secretary of natural resources under chapter 10 V.S.A. chapter 159.

(c)  A composting facility that holds a certification by the agency of natural resources under 10 V.S.A. chapter 159 issued after January 1, 2001 shall be allowed to continue operations until July 1, 2010 under the terms of the composting facility’s existing certification, an amendment to the composting facility’s certification, or an interim certification.  Until July 1, 2010, such a composting facility shall not be subject to any requirement of an order under 10 V.S.A. chapter 159, 201, or 211 issued before the effective date of this act that requires the composting facility to obtain a permit under 10 V.S.A. chapter 151 or that is contrary to an authorization, certification, or requirement of the secretary under 10 V.S.A. chapter 159.

(d)  For the purposes of this section, “composting facility” shall mean a facility engaged in the controlled biological decomposition of organic matter through active management to produce, use, or sell a stable humus-rich material but shall not mean sewage or septage or materials derived from sewage or septage.

(e)  On or before July 1, 2008, the agency of natural resources shall convene a study committee to review the existing regulatory requirements for composting in the state and to recommend amendments or improvements to the existing rules governing the construction, alteration, or operation of a composting facility.  The committee shall consist of:

(1)  the secretary of natural resources or his or her designee;

(2)  the secretary of agriculture, food and markets or his or her designee;

(3)  two representatives of the composting association of Vermont, appointed by the association;

(4)  a representative of the Vermont League of Cities and Towns, appointed by the league;

(5)  a representative of an interested environmental group, appointed by the senate committee on committees;

(6)  a representative from the Vermont association of solid waste managers, appointed by the association;

(7)  the state historic preservation officer or his or her designee; and

(8)  a representative of the natural resources board, appointed by the chair of the board.

(f)  The committee shall issue a final report of its findings to the house committee on fish, wildlife and water resources, the senate committee on natural resources and energy, and the house and senate committees on agriculture by January 15, 2009.  The report shall include:

(1)  Recommended rules for the construction, alteration, or operation of a composting facility;

(2)  Recommendations for increasing public awareness of the benefits of composting;

(3)  Recommendations for increasing awareness within the composting community and those interested in initiating a composting operation of the existing regulations governing composting; and

(4)  The contact information of an individual or department at the agency of natural resources that can assist interested persons in understanding and complying with the agency’s regulations for composting.

Sec. 11.  AGENCY OF NATURAL RESOURCES REPORT ON MONITORING OF NUTRIENTS IN WASTEWATER TREATMENT PLANT EFFLUENT

On or before January 15, 2009, the secretary of natural resources shall report to the senate committee on natural resources and energy, the house committee on fish, wildlife, and water resources, and the senate and house committees on agriculture with the secretary’s proposal for monitoring total nitrogen and phosphorus discharged in effluent from wastewater treatment plants in Vermont.

Sec. 12.  STORMWATER PILOT PROJECT

The secretary of natural resources shall establish a pilot project to test stormwater control best management practices that could be utilized to reduce phosphorus in stormwater discharges and that could be required under 10 V.S.A. §§ 1264 and 1264a.  On or before January 15, 2010, the secretary of natural resources shall report to the senate committee on natural resources and energy and the house committee on fish, wildlife and water resources with the results of the pilot project and recommended best management practices for reducing phosphorus from stormwater discharges.

Sec. 13.  SUNSET

Sec. 10 (composting facility regulatory review) of this act shall be repealed on July 1, 2010.  A composting facility that has been operated at any time between June 1, 1970 and July 1, 2010 and which constitutes a development pursuant to 10 V.S.A. § 6001(3)(A), including a composting facility where Act 250 jurisdiction has been formally determined, shall be subject to jurisdiction under 10 V.S.A. chapter 151 as of July 1, 2010.

Sec. 14.  EFFECTIVE DATE

(a)  This section and Secs. 1 (finding), 3 (ANR report on TMDLs), 4 (ANR stormwater TMDL schedule), 5 (transfer of pretransition stormwater permits to a municipality), 6 (transfer of pretransition stormwater permits), 7 (pollution control revolving loan fund), 8 (operation, management, and emergency response plans), 9 (definition of solid waste), 11 (ANR report on nutrient discharge monitoring), 12 (ANR stormwater pilot project), and 13 (sunset of composting facility review) of this act and 10 V.S.A. § 1386 (Lake Champlain TMDL implementation plan) shall take effect upon passage.

(b)  10 V.S.A. § 1385 (reopening of Lake Champlain TMDL) shall take effect July 1, 2013.

(c)  Sec. 10 (composting facility regulatory review) of this act shall take effect upon passage and shall be retroactive to June 1, 1970.

(Committee Vote: 5-0-0)

(For House amendments, see House Journal for February 29, 2008, page 427.)

H. 891

An act relating to making appropriations for the support of government.

Reported favorably with recommendation of proposal of amendment by Senator Bartlett for the Committee on Appropriations.

(For text of amendment, see Addendum to Senate Calendar of April 22, 2008)

(Committee Vote: 7-0-0)

(For House amendments, see House Journal for April 2, 2008, page 833.)

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. 108

An act relating to the election of U.S. Representative and U.S. Senator by the instant runoff voting method.

PENDING QUESTION:  Shall the bill pass, notwithstanding the refusal of the Governor to approve the bill?

H. 331

An act relating to financing the purchase of a mobile home.

PENDING ACTION:  Second reading of the bill.

H. 332

An act relating to sale and closure of mobile home parks.

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.


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.

Richard G. Grassi of White River Junction - Member of the Parole Board - By Sen. Campbell for the Committee on Institutions.  (4/4)

Heather Shouldice of East Calais - Member of the Capitol Complex Commission - By Sen. Coppenrath for the Committee on Institutions.  (4/4)

Susan Hayward of Middlesex - Member of the Capitol Complex Commission - By Sen. Scott for the Committee on Institutions.  (4/4)

Dean George of Middlebury - Member of the Parole Board - By Sen. Mazza for the Committee on Institutions.  (4/4)

 



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The Vermont General Assembly
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Montpelier, Vermont


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