Download this document in MS Word format


AutoFill Template

Senate Calendar

tuesday, april 29, 2008

113 DAY OF BIENNIAL SESSION

TABLE OF CONTENTS

                                                                                                                Page No.

ACTION CALENDAR

CONSIDERATION POSTPONED UNTIL TUESDAY, APRIL 29, 2008

Third Reading

H. 885    Consistent measurement standards for economic growth.................. 2290

                        Sen. Illuzzi amendment........................................................... 2290

                        Sen. Illuzzi amendment........................................................... 2290

UNFINISHED BUSINESS OF MONDAY, APRIL 28, 2008

House Proposal of Amendment to Senate Proposal of Amendment

H. 94      Relating to retail sales and taxing of specialty beers.......................... 2191

NEW BUSINESS

Third Reading

H. 812    Educational continuity for pregnant & parenting students.................. 2292

                        (Awaiting Report of Appropriations Committee)

Second Reading

Favorable with Proposal of Amendment

H. 879    Duplicative reports of special education audits................................. 2292

                        Education Committee Report................................................. 2292

                        Appropriations Committee Report......................................... 2296

House Proposals of Amendment

S. 284     Dept of banking, insurance, securities & health care admin............... 2296

NOTICE CALENDAR

House Proposal of Amendment

S. 350     Relating to energy independence and economic prosperity............... 2305

Report of Committee of Conference

H. 748    Permitting students to possess & self-administer medication............. 2318

H. 806    Relating to public water systems...................................................... 2319


ORDERED TO LIE

S. 70       Empowering municipalities to regulate pesticides.............................. 2320


S. 108     Electing U.S. Representative & U.S. Senator by instant runoff......... 2320

H. 331    Financing the purchase of a mobile home......................................... 2320

H. 332    Sale and closure of mobile home parks............................................ 2320

JRS 24   Congressional “fast track” review of trade agreements..................... 2320



 

ORDERS OF THE DAY

ACTION CALENDAR

CONSIDERATION POSTPONED UNTIL TUESDAY, APRIL 28, 2008

H. 885

An act relating to developing consistent measurement standards for economic growth.

AMENDMENT TO SENATE PROPOSAL OF AMENDMENT TO H. 885 TO BE OFFERED BY SENATOR ILLUZZI BEFORE THIRD READING

Senator Illuzzi moves to amend the proposal of amendment as follows:

In Sec. 12, in subsection (c), after the words “Vermont Green Building Network”, by striking out the following:  “the Lake Champlain Chamber of Commerce; the Vermont Chamber of Commerce; the Greater Burlington Industrial Corporation” and inserting in lieu thereof the following:  the Lake Champlain Regional Chamber of Commerce; the Vermont Chamber of Commerce; the Greater Burlington Industrial Corporation (GBIC)

PROPOSAL OF AMENDMENT TO H. 885 TO BE OFFERED BY SENATOR ILLUZZI ON BEHALF OF THE COMMITTEE ON ECONOMIC DEVELOPMENT, HOUSING AND GENERAL AFFAIRS

Senator Illuzzi moves that the Senate propose to the House to amend the bill by adding a new section to be numbered 13a to read as follows:

Sec. 13a.  TASK FORCE; HYBRID ELECTRIC AND ALTERNATIVE POWERED VEHICLES

     (a)  There is hereby created a task force to develop, encourage and create opportunities to build or assemble components in Vermont for plug-in hybrid electric vehicles, or vehicles using other fuel sources, such as hydrogen and compressed natural gas, and to use those vehicles in Vermont and surrounding areas.

     (b)  The task force shall be compromised of the lieutenant governor, who shall chair the task force, the commissioner of public service, and the secretaries of commerce and transportation.

     (c)  The task force shall:

          (1)  identify incentives available;

          (2)  identify obstacles present; and

          (3)  recommend statutory and regulatory changes to the General Assembly and executive branch agencies to remove obstacles, facilitate the use of incentives, and to otherwise encourage these activities in Vermont.

     (d)  To implement the goals of this task force, the referenced department and the agencies, with the advice and guidance of the task force, and notwithstanding any provision of law to the contrary, are each authorized to:

          (1)  accept in-kind contributions and grants from manufacturers and suppliers capable of assembling, manufacturing and deploying  these components or vehicles, with the approval of the Joint Fiscal Committee;

          (2)  apply for and utilize federal funds from any source as authorized by the funding source, with the approval of the Joint Fiscal Committee;

          (3)  develop and enter into necessary alliances and protocols;

          (4)  spend a portion of their respective budgets to accomplish these objectives with the approval of the Joint Fiscal Committee;

          (5)  enter into agreements; and

          (6)  develop and implement one or more pilot projects;

     (e)  The task force may engage:

          (1)  institutions of higher education to include the Center For Transportation and the Center For Emerging Technology, both at UVM; and

          (2)  technical education centers and STEM education in Vermont secondary schools.

UNFINISHED BUSINESS OF MONDAY, APRIL 28, 2008

House Proposal of Amendment to Senate Proposal of Amendment

H. 94

An act relating to retail sales and taxing of specialty beers.

     The House proposes to the Senate to amend the proposal of amendment by

 striking Sec. 3 and inserting in lieu thereof the following:

Sec. 3.  STUDY OF FLAVORED MALT BEVERAGES; DEPARTMENT OF LIQUOR CONTROL

(a)  The department of liquor control shall study and identify best practices for the marketing, sale, and taxation of malt-based beverages containing other ingredients such as flavored distilled spirits, and “alcohol energy drinks,” which are malt beverages containing other ingredients such as caffeine. 

(b)  The department shall complete the study and issue a written report of its findings, conclusions, and recommendations on or before January 15, 2009.  The report shall be provided to the house committees on general, housing and military affairs, and on ways and means and the senate committees on economic development, housing and general affairs and on finance.

NEW BUSINESS

Third Reading

H. 812

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

(Awaiting Report of Appropriations Committee)

Second Reading

Favorable with Proposal of Amendment

H. 879

An act relating to the repeal of unnecessary, duplicative, and burdensome reports, the improved timeliness and efficiency of special education audits; and the simplification of union school district formation.

Reported favorably with recommendation of proposal of amendment by Senator Doyle for the Committee on Education.

The Committee recommends that the Senate propose to the House to amend the bill as follows:

First:  In Sec. 1, by striking out subdivisions (5) (superintendent’s annual report on hearing and vision tests), (6) (superintendent’s annual report on educational support services), and (8) (commissioner’s report on status of school choice)

Second:  In Sec. 1, by adding 12 new subdivisions to be subdivisions (10) through (21) to read as follows:

(10)  3 V.S.A. § 3026(d) (annual report from the secretary of human services, commissioner of education, and president of the university of Vermont to the legislature and governor regarding partnerships for children, families, and individuals).

(11)  16 V.S.A. § 1049a(d) (commissioner’s annual report to the legislature regarding the high school completion program).

(12)  16 V.S.A. § 2177(d) (the Vermont state colleges’ biennial report to the legislature regarding its activities).

(13)  16 V.S.A. § 2281(c) (the university of Vermont president’s biennial report to the legislature regarding the activities of the university and the state agricultural college).

(14)  16 V.S.A. § 2322 (the state agricultural college dean’s biennial submission of the estimated budget for the college’s research station and a statement of federal and other available funding).

(15)  16 V.S.A. § 2536 (the university of Vermont and state agricultural college trustees’ annual report to the legislature and the governor concerning the work of its units, including receipts, disbursements, resources, and liabilities).

(16)  16 V.S.A. § 2856(g) (adjutant general’s annual report to the legislature regarding educational loan programs for national guard members).

(17)  Sec. 90 of No. 60 of the Acts of 1997 as amended by Sec. 33 of No. 49 of the Acts 1999 (repeal of legislative oversight committee on restructuring education and assumption of the committee’s duties by standing legislative committees).

(18)  Sec. 2(b)(7) of No. 125 of the Acts of the 1999 Adj. Sess. (2000) (annual report of the commissioners of health, of buildings and general services, and of education to the house and senate committees on education regarding indoor air and hazardous exposure in Vermont schools and regarding the number of school districts that have adopted related programs).

(19)  Sec. 97(c) of No. 152 of the Acts of the 1999 Adj. Sess. (2000) (annual report of the secretary of human services and the commissioner of education to the legislature regarding the state team for children, families, and individuals and regional and community partnerships).

(20)  Sec. 71(f) of No. 68 of the Acts of the 2002 Adj. Sess. (2003) as amended by Sec. 1 of No. 4 of the Acts of 2005 of No. 4 of the Acts of 2005 (annual report of the council on education governance to the legislature regarding its progress and any recommendations for legislation necessary to comply with the No Child Left Behind Act).

(21)  Sec. 168a(c) of No. 71 of the Acts of 2005 (commissioner issues a request for proposals, chooses grant recipients, determines the amounts to be awarded to each recipient, and monitors the progress of each grant recipient for fiscal year 2006; annual report by the council on education governance to the legislature regarding its progress and recommendations for legislative change).

Third:  By adding 11 new sections to be Secs. 3a through 3k to read as follows:

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

(b)  The books and accounts 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

Sec. 3b.  16 V.S.A. § 2281(a) is amended to read:

(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. 

Sec. 3c.  16 V.S.A. § 2835 is amended to read:

§ 2835.  CONTROLS, AND 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 and a report filed with the secretary of administration not later than November 1 each year.  Biennially the board shall report to the legislature on its activities during the preceding biennium. 

Sec. 3d.  16 V.S.A. § 2879f is amended to read:

§ 2879f.  ANNUAL REPORTS REVIEW

The corporation shall review, on an annual basis, the financial status of the program and the participation rate in the program.  The corporation shall also review the continued viability of the program and the administration of the program by the corporation. The corporation shall report by January 15th the findings to the speaker of the house, the president pro tem of the senate, and to the house and senate committees on education. 

Sec. 3e.  24 V.S.A. § 5261 is amended to read:

§ 5261.  ANNUAL REPORT; AUDIT

On or before March 31 of each year, the authority shall report on its activities for the preceding calendar year to the governor and to the general assembly.  Each report shall set forth a complete operating and financial statement covering its operations during the year.  The authority shall cause an audit of its books and accounts to be made at least once in each year by certified public accountants and the cost thereof shall be considered an expense of the authority and a copy thereof shall be filed with the state treasurer. 

Sec. 3f.  Sec. 7 of No. 43 of the Acts of 2005 is amended to read:

Sec. 7.  UNIVERSITY OF VERMONT

The sum of $1,700,000 is appropriated to the department of buildings and general services for the University of Vermont to assist with construction, renovation, and major facility maintenance to the university campus that advances the mission of the university to prepare the students to lead productive lives and to interpret and share knowledge for the benefit of Vermont and for society as a whole.  The university shall file with the general assembly an annual report, on or before January 15, that details the status of capital projects funded in whole or in part by state capital appropriations.

(Total appropriation – Section 7                                                        $1,700,000)

Sec. 3g.  Sec. 8 of No. 147 of the Acts of the 2005 Adj. Sess. (2006) is amended to read:

Sec. 8.  UNIVERSITY OF VERMONT

The sum of $1,800,000 is appropriated to the University of Vermont to assist with construction of the plant sciences building and with major facility maintenance to the university campus.  The university shall file with the general assembly an annual report, on or before January 15, that details the status of capital projects funded in whole or in part by state capital appropriations.

(Total appropriation – Section 8                                                        $1,800,000)

Sec. 3h.  Sec. 9 of No. 147 of the Acts of the 2005 Adj. Sess. (2006) is amended to read:

Sec. 9.  VERMONT STATE COLLEGES

The sum of $1,800,000 is appropriated to the Vermont state colleges for major facility maintenance.  The state colleges shall file with the general assembly an annual report, on or before January 15, that details the status of capital projects funded in whole or in part by state capital appropriations.

(Total appropriation – Section 9                                                        $1,800,000)

Sec. 3i.  Sec. 4(c) of No. 192 of the Acts of the 2005 Adj. Sess. (2006) is amended to read: 

(c)  On or before January 15, 2007, and on or before January 15 for five years thereafter, the task force shall report on its activities during the preceding year to the house and senate committees on education and judiciary.  The task force shall cease to exist after it files the report due on January 15, 2012.

Sec. 3j.  Sec. 9 of No. 52 of the Acts of 2007 is amended to read:

Sec. 9.  UNIVERSITY OF VERMONT

The sum of $1,600,000 is appropriated to the University of Vermont for construction, renovation, or maintenance projects.  The university shall file with the general assembly an annual report, on or before January 15, that details the status of capital projects funded in whole or in part by state capital appropriations.

(Total appropriation – Section 9                                               $ 1,600,000)

Sec. 3k.  Sec. 10 of No. 52 of the Acts of 2007 is amended to read:

Sec. 10.  VERMONT STATE COLLEGES

The sum of $1,600,000 is appropriated to the Vermont State Colleges for major facility maintenance.  The state colleges shall file with the general assembly an annual report, on or before January 15, that details the status of capital projects funded in whole or in part by state capital appropriations.

(Total appropriation – Section 10                                             $ 1,600,000)

Fourth:  By striking out Secs. 5 through 20 in their entirety

(Committee Vote: 5-0-0)

Reported favorably by Senator Bartlett for the Committee on Appropriations.

(Committee vote: 7-0-0)

(No House amendments.)

House Proposal of Amendment

S. 284

An act relating to the department of banking, insurance, securities and health care administration.

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

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

Sec. 1.  8 V.S.A. § 2201(c)(14) is added to read:

(14)  nonprofit organizations established under testamentary instruments, exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3), and which make loans for postsecondary educational costs to students and their parents, provided that the organizations provide annual accountings to the probate court pursuant to 14 V.S.A. § 2324.

Second:  By adding Secs. 9–13 to read:

Sec. 9.  8 V.S.A. § 4840(d) is amended to read:

(d)  The commissioner may waive or reduce the requirements of this section for an attorney that is under common ownership or control with a reciprocal insurer.  The commissioner may reduce by 50 percent the bond amount required by this section for an attorney that is not under common ownership or control with a reciprocal insurer if the commissioner finds sufficient evidence of financial responsibility, notwithstanding the reduction of the bond amount.

Sec. 10.  8 V.S.A. § 6006(i) is amended to read:

(i)  The provisions of subchapter 3, and subchapter 3A of chapter 101 of this title, pertaining to mergers, consolidations, conversions, mutualizations, redomestications, and mutual holding companies, shall apply in determining the procedures to be followed by captive insurance companies in carrying out any of the transactions described therein, except that:

* * *

(3)  the provisions of subsections 3423(f) and (h) of this title shall not apply, and the commissioner may waive or modify the requirement of subdivision 3423(b)(4) of this title, with respect to market value of a converted company as necessary or desirable to reflect applicable restrictions on ownership of companies formed under this chapter; and

(4)  an alien insurer may be a party to a merger authorized under this subsection; provided that the requirements for a merger between a captive insurance company and a foreign insurer under section 3431 of this title shall apply to a merger between a captive insurance company and an alien insurer under this subsection.  Such alien insurer shall be treated as a foreign insurer under section 3431 and such other jurisdictions shall be the equivalent of a state for purposes of section 3431; and

(5)  the commissioner may issue a certificate of general good to permit the formation of a captive insurance company that is established for the sole purpose of merging with or assuming existing insurance or reinsurance business from an existing Vermont licensed captive insurance company.  The commissioner may, upon request of such newly formed captive insurance company, waive or modify the requirements of subdivisions 6002(c)(1)(B) and (2) of this title.

Sec. 11.  8 V.S.A. § 6048n is amended to read:

§ 6048n.  SPONSORED CAPTIVES

In addition to the provisions of sections 6048a-6048m of this subchapter, the provisions of this section shall apply to any sponsored captive insurance company licensed as a special purpose financial captive insurance company pursuant to this subchapter.

* * *

(4)  The special purpose financial captive insurance company on behalf of a protected cell shall be entitled to assert the same claims and defenses in actions in law or equity as if the protected cell were a corporation established under Title 11A of the Vermont Statutes Annotated, including, but not limited to, claims and defenses in actions at law or equity alleging alter ego, corporate veil piercing, offset, substantive consolidation, equitable subordination, or recoupment.  In connection with the conservation, rehabilitation, or liquidation of a special purpose financial captive insurance company or one or more of its protected cells, the assets and liabilities of a protected cell shall at all times be kept separate from, and shall not be commingled with, those of other protected cells and the special purpose financial captive insurance company, and the assets of one protected cell shall not be used to satisfy the obligations or liabilities of another protected cell or the special purpose financial captive insurance company based on legal or equitable claims or defenses, including but not limited to alter ego, piercing the corporate veil, offset, substantive consolidation, equitable subordination, or recoupment, unless such claims or defenses would apply to such protected cell if it were a special purpose finance captive insurance company without separate cells.

(4)(5)  Notwithstanding subdivision 6034(1) of this chapter, the special purpose financial captive insurance company may issue securities to any person approved in advance by the commissioner.

(5)(6)  Notwithstanding section 6048g of this subchapter, the special purpose financial captive insurance company shall possess and thereafter maintain unimpaired paid-in capital and surplus of not less than $500,000.00.

(6)(7)  The “general account” of a sponsored captive insurance company licensed as a special purpose financial captive insurance company shall mean all assets and liabilities of the sponsored captive insurance company not attributable to a protected cell.

(7)(8)(A)  Any security issued by a special purpose financial captive insurance company with respect to a protected cell and any other contract or obligation of the special purpose financial captive insurance company with respect to a protected cell shall include the designation of such protected cell and shall include a disclosure in a form and content satisfactory to the commissioner to the effect that the following statement, or such other statement as may be required by the commissioner:

(i)  In the case of a security:  “The holder of such this security and any counterparty to such contract or obligation shall have no right or recourse against the special purpose financial captive insurance company and its assets other than against assets properly attributable to such the designated protected cell. and the special purpose financial captive insurance company’s general account, to the extent permitted by Vermont law.”

(ii)  In the case of a contract or obligation:  “The counterparty to this contract or obligation shall have no right or recourse against the special purpose financial captive insurance company and its assets other than against assets properly attributable to the designated protected cell and the special purpose financial captive insurance company’s general account, to the extent permitted by Vermont law.”

(B)  Notwithstanding the requirements of this subdivision (7)(8) and subject to the provisions of this chapter and other applicable law or regulation, the failure to include such disclosure, in whole or part, in such security, contract, or obligation with respect to a protected cell shall not serve as the sole basis for a creditor, ceding insurer, or any other person to have recourse against the general account of the special purpose financial captive insurance company in excess of the limitations provided for in subdivision (12)(E) of this subsection, or against the assets of any other protected cell.

(8)(9)  In addition to the provisions of section 6034 of this chapter, the special purpose financial captive insurance company shall be subject to the following with respect to its protected cells:

(A)  The special purpose financial captive insurance company shall establish a protected cell only for the purpose of insuring or reinsuring risks of one or more reinsurance contracts with a ceding insurer or two or more affiliated ceding insurers, with the intent of facilitating an insurance securitization.  A separate protected cell shall be established with respect to each such ceding insurer, provided that a separate protected cell shall be established with respect to each reinsurance contract or contracts that are funded in whole or in part by a separate securitization transaction; and

(B)  A sale, an exchange, or another transfer of assets may not be made by the special purpose financial captive between or among any of its protected cells without the prior approval of the commissioner.

(9)(10)  All attributions of assets and liabilities to the protected cells and the general account shall be in accordance with the plan of operation approved by the commissioner.  No other attribution of assets or liabilities may be made by a special purpose financial captive insurance company between its general account and any protected cell or between any protected cells.  The special purpose financial captive insurance company shall attribute all insurance obligations, assets, and liabilities relating to a reinsurance contract entered into with respect to a protected cell and shall attribute the related insurance securitization transaction, including any securities issued by the special purpose financial captive insurance company as part of the insurance securitization, to such protected cell.  The rights, benefits, obligations, and liabilities of any securities attributable to such protected cell and the performance under such reinsurance contract and the related securitization transaction and any tax benefits, losses, refunds, or credits allocated pursuant to a tax allocation agreement to which the special purpose financial captive insurance company is a party, including any payments made by or due to be made to the special purpose financial captive insurance company pursuant to the terms of such agreement, shall reflect the insurance obligations, assets, and liabilities relating to the reinsurance contract and the insurance securitization transaction that are attributed to such protected cell.

(10)(11)  For purposes of applying the provisions of chapter 145 of this title to a sponsored captive insurance company licensed as a special purpose financial captive insurance company, the definition of “insolvency” and “insolvent” in subdivision 6048c(2) shall be applied separately to each protected cell and to the special purpose financial captive insurance company’s general account.

(11)(12)  In addition to the provisions of section 6048m of this chapter:

(A)  The provisions of chapter 145 of this title shall apply to each protected cell of the special purpose financial captive. Any proceeding or action taken by the commissioner pursuant to chapter 145 of this title with respect to a protected cell of a special purpose financial captive shall not be the sole basis for a proceeding pursuant to chapter 145 of this title with respect to any other protected cell of such special purpose financial captive insurance company or the special purpose financial captive insurance company’s general account.

(B)  The receiver of a special purpose financial captive insurance company shall ensure that the assets attributable to one protected cell are not applied to the liabilities attributable to another protected cell or to the special purpose financial captive insurance company’s general account unless an asset or liability is attributable to more than one protected cell, in which case the receiver shall deal with the asset or liability in accordance with the terms of any relevant governing instrument or contract.

(C)  The insolvency of a protected cell shall not be the sole basis for the commissioner to prohibit payments by the special purpose financial captive insurance company made pursuant to a special purpose financial captive insurance company security or reinsurance contract with respect to any other protected cell or to prohibit any action required to make such payments.

(A)  Except as otherwise modified in this section, the terms and conditions set forth in chapter 145 of this title pertaining to administrative supervision of insurers and the rehabilitation, receiverships, and liquidation of insurers apply in full to special purpose financial captive insurance companies or any of the special purpose financial captive insurance company’s protected cells, independently, without causing or otherwise effecting a conservation, rehabilitation, receivership, or liquidation of the special purpose financial captive insurance company or another protected cell that is not otherwise insolvent.

(B)  Notwithstanding the provisions of chapter 145 of this title, and without causing or otherwise effecting the conservation or rehabilitation of an otherwise solvent protected cell of a special purpose financial captive insurance company and subject to the provisions of subdivision (G)(v) of this subdivision (12), the commissioner may apply by petition to the superior court for an order authorizing the commissioner to conserve, rehabilitate, or liquidate a special purpose financial captive insurance company domiciled in this state on one or more of the following grounds:

(i)  embezzlement, wrongful sequestration, dissipation, or diversion of the assets of the special purpose financial captive insurance company intended to be used to pay amounts owed to the ceding insurer or the holders of special purpose financial captive insurance company securities; or

(ii)  the special purpose financial captive insurance company is insolvent; or

(iii)  the holders of a majority in outstanding principal amount of each class of special purpose financial captive insurance company securities attributable to each particular protected cell requests or consents to conservation, rehabilitation, or liquidation pursuant to the provisions of this subchapter.

(C)  Notwithstanding the provisions of chapter 145 of this title, the commissioner may apply by petition to the superior court for an order authorizing the commissioner to conserve, rehabilitate, or liquidate one or more of a special purpose financial captive insurance company’s protected cells, independently, without causing or otherwise effecting a conservation, rehabilitation, receivership, or liquidation of the special purpose financial captive insurance company generally or another of its protected cells, on one or more of the following grounds:

(i)  embezzlement, wrongful sequestration, dissipation, or diversion of the assets of the special purpose financial captive insurance company attributable to the affected protected cell or cells intended to be used to pay amounts owed to the ceding insurer or the holders of special purpose financial captive insurance company securities of the affected protected cell or cells; or

(ii)  the affected protected cell is insolvent; or

(iii)  the holders of a majority in outstanding principal amount of each class of special purpose financial captive insurance company securities attributable to that particular protected cell request or consent to conservation, rehabilitation, or liquidation pursuant to the provisions of this subchapter.

(D)  Except where consent is given as described in subdivisions (B)(iii) and (C)(iii) of this subdivision (12), the court may not grant relief provided by subdivision (B) or (C) of this subdivision (12) unless, after notice and a hearing, the commissioner, who shall have the burden of proof, establishes by clear and convincing evidence that relief must be granted.  The court’s order may be made in respect of one or more protected cells by name, rather than the special purpose financial captive insurance company generally.

(E)  Notwithstanding another provision in this title, regulations adopted under this title, or another applicable law or regulation, upon any order of conservation, rehabilitation, or liquidation of a special purpose financial captive insurance company, or one or more of the special purpose financial captive insurance company’s protected cells, the receiver shall manage the assets and liabilities of the special purpose financial captive insurance company or the applicable protected cell pursuant to the provisions of this subchapter.  The assets attributable to one protected cell shall not be applied to the liabilities attributable to another protected cell, unless an asset or liability is attributable to more than one protected cell, in which case the receiver shall deal with the asset or liability in accordance with the terms of any relevant governing instrument or contract.  Recourse to the special purpose financial captive insurance company’s general account in connection with the conservation, rehabilitation, or liquidation of a protected cell shall be limited to the greater of the amount of assets in the general account as of the date such proceeding is commenced or the required minimum capital for the general account as of the date such proceeding is commenced.  Assets attributable to one protected cell or the special purpose financial captive insurance company’s general account shall not be set off against the liabilities attributable to another protected cell or to the special purpose financial captive insurance company’s general account.  Relief shall not be granted nor shall any order be issued based on equitable theories of recovery, including substantive consolidation, equitable subordination, or recoupment, to attach or seize the assets of any solvent protected cell for the benefit of another protected cell or special purpose financial captive insurance company, or to pierce the corporate veil of any protected cell, in connection with the conservation, rehabilitation, or liquidation of a special purpose financial captive insurance company or one or more protected cells, unless such equitable theories, attachment, seizure or corporate veil piercing would apply to such cell if it were a special purpose financial captive insurance company without separate cells.

(F)  With respect to amounts recoverable under a reinsurance contract, the amount recoverable by the receiver of a special purpose financial captive insurance company must not be reduced or diminished as a result of the entry of an order of conservation, rehabilitation, or liquidation with respect to the ceding insurer, notwithstanding another provision in the contract or other documentation governing the insurance securitization.

(G)  Notwithstanding the provisions of chapter 145 of this title or other laws of this state:

(i)  An application or petition, or a temporary restraining order or injunction issued pursuant to the provisions of chapter 145 of this title, with respect to a ceding insurer, does not prohibit the transaction of business by a special purpose financial captive insurance company with the ceding insurer, including any payment by a special purpose financial captive insurance company made pursuant to a security issued by a special purpose financial captive insurance company with respect to a protected cell, or any action or proceeding against a special purpose financial captive insurance company or its assets.

(ii)  The commencement of a summary proceeding or other interim proceeding commenced before a formal delinquency proceeding with respect to a special purpose financial captive insurance company, and any order issued by the court, does not prohibit the payment by a special purpose financial captive insurance company made pursuant to a security issued by a special purpose financial captive insurance company with respect to a protected cell or special purpose financial captive insurance company contract or the special purpose financial captive insurance company from taking any action required to make the payment.

(iii)  A receiver of a ceding insurer may not void a nonfraudulent transfer by the ceding insurer to a special purpose financial captive insurance company of money or other property made pursuant to a reinsurance contract.

(iv)  A receiver of a special purpose financial captive insurance company may not void a nonfraudulent transfer by the special purpose financial captive insurance company of money or other property made to a ceding insurer pursuant to a reinsurance contract or made to or for the benefit of any holder of a special purpose financial captive insurance company security issued with respect to a protected cell, or a special purpose financial captive insurance company security.

(v)  In the event of an insolvency of a special purpose financial captive insurance company where one or more protected cells remain solvent, the commissioner shall separate the special purpose financial captive insurance company’s solvent protected cells from the insolvent special purpose financial captive insurance company, shall allow on petition of the sponsor for the conversion of such solvent protected cells into one or more special purpose financial captive insurance companies, and shall issue such orders as the commissioner deems necessary to protect the solvency of the remaining solvent protected cells.  In the event of an insolvency of a protected cell, the special purpose financial captive insurance company’s assets shall be accounted for and managed in compliance with subdivision (E) of this subdivision (12) and the other laws of this state.

(H)  Subdivision (G) of this subdivision (12) does not prohibit the commissioner from taking any action permitted under chapter 145 of this title with respect only to the conservation or rehabilitation of a special purpose financial captive insurance company with protected cell or cells, provided the commissioner would have had sufficient grounds to seek to declare the special purpose financial captive insurance company insolvent; subject to and without otherwise affecting the provisions of subdivision (G)(v) of this subdivision (12).  In this case, with respect to the solvent protected cell or cells, the commissioner may not prohibit payments made by the special purpose financial captive insurance company pursuant to the special purpose financial captive insurance company security, reinsurance contract, or otherwise made under the insurance securitization transaction that are attributable to these protected cell or cells or prohibit the special purpose financial captive insurance company from taking any action required to make these payments.

(I)  With the exception of the fulfillment of the obligations under a special purpose financial captive insurance company contract, and notwithstanding another provision of this title or other laws of this state, the assets of a special purpose financial captive insurance company, including assets held in trust, shall not be consolidated with or included in the estate of a ceding insurer in any delinquency proceeding against the ceding insurer pursuant to the provisions of this title for any purpose, including, without limitation, distribution to creditors of the ceding insurer.

Sec. 12.  8 V.S.A. § 3614(a) is amended to read: 

§ 3614.  BOARD OF DIRECTORS

(a)  The board of directors of the association shall consist of not less than five nor more than nine persons serving, at least three of whom shall be persons who are officers, directors, or employees of insurance companies incorporated under the laws of this state, unless there are fewer than three such companies, in which case there shall be one director for each such company.  The directors shall serve terms as established in the plan of operation.  The members of the board shall be selected by member insurers subject to the approval of the commissioner.  Vacancies on the board shall be filled for the remaining period of the term by a majority vote of the remaining board members, subject to the approval of the commissioner.  Not less than one-half of the directors shall be persons who are officers, directors or employees of insurance companies incorporated under the laws of this state.

Sec. 13.  EFFECTIVE DATE

This act shall take effect July 1, 2008, except for Sec. 2, which shall take effect upon passage.

NOTICE CALENDAR

House Proposal of Amendment

S. 350

An act relating to energy independence and economic prosperity.

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

* * * State Agencies * * *

Sec. 1.  3 V.S.A. § 838(c) is amended to read:

(c) The economic impact statement shall analyze the anticipated costs and benefits to be expected from adoption of the rule. Specifically, each economic impact statement shall, for each requirement in the rule:

(1) list categories of people, enterprises and government entities potentially affected and estimate for each the costs and benefits anticipated;

(2) compare the economic impact of the rule with the economic impact of other alternatives to the rule, including no rule on the subject or a rule having separate requirements for small business;

(3) include a flexibility statement. The flexibility statement shall compare the burden imposed on small businesses by compliance with the rule to the burden which would be imposed by alternatives considered under section 832a of this title.

(4)  include a greenhouse gas impact statement.  The greenhouse gas impact statement shall explain how the rule has been crafted to reduce the extent to which greenhouse gases are emitted.  The secretary of administration, in conjunction with the secretaries of agriculture, food and markets, natural resources, and transportation, and the commissioner of public service shall provide a  checklist which shall be used in the adoption of rules to assure the full consideration of greenhouse gas impacts, direct and indirect.

* * *

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

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

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

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

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

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

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

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

(7)  To provide, where feasible, for the installation of renewable energy systems including solar energy systems, which shall include equipment or building design features, or both, designed to attain the optimal mix of minimizing solar gain in the summer and maximizing solar gain during the winter, as part of the new construction or major renovation of any state building.  The cost of implementation and installation will be identified as part of the budget process presented to the general assembly.

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

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

(c)  The secretary shall provide data and funding recommendations to the Vermont climate change oversight committee with regard to:

(1)  Funding and implementing state conservation programs in order to increase carbon sequestration.

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

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

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

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

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

* * * Air Quality * * *

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

§ 552.  DEFINITIONS

As used in this chapter:

* * *

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

Sec. 3a.  10 V.S.A. § 578 is amended to read:

§ 578.  GREENHOUSE GAS REDUCTION GOALS

(a)  General goal of greenhouse gas reduction. It is the goal of the state to reduce emissions of greenhouse gases from within the geographical boundaries of the state and those emissions outside the boundaries of the state that are caused by the use of energy in Vermont in order to make an appropriate contribution to achieving the regional goals of reducing emissions of greenhouse gases from the 1990 baseline by:

(1)  25 percent by January 1, 2012;

(2)  50 percent by January 1, 2028;

(3) if practicable using reasonable efforts, 75 percent by January 1, 2050.

(b)  Climate change action plan Vermont climate collaborative.  The secretary will coordinate with the governor's commission on climate change established by executive order and will consult with any interested members of Vermont's participate in the Vermont climate collaborative, a collaboration between state government and Vermont’s higher education, business, agricultural, labor, and environmental communities, in developing a climate change action plan state programs to reduce greenhouse gas emissions in ways that are permanent, quantifiable, and verifiable.  The secretary shall notify each member of the general assembly of the development of this plan and of the general public that the collaborative is developing greenhouse gas reduction programs and shall provide meaningful opportunity for public comment on program developmentThis plan Programs shall be developed in a manner that implements state energy policy, as specified in 30 V.S.A. § 202a.  Not later than September 1, 2007 January 15, 2009 and January 15, 2010, the secretary shall present this plan report on program development to the committees of the general assembly having jurisdiction over matters relating to the environment, agriculture, energy, transportation, commerce, and public health.

(c)  Implementation of climate change action plan state programs to reduce greenhouse gas emissions.  In order to facilitate the state's compliance with the goals established in this section, all state agencies shall consider, whenever practicable, any increase or decrease in greenhouse gas emissions in their decision-making procedures with respect to the purchase and use of equipment and goods; the siting, construction, and maintenance of buildings; the assignment of personnel; and the planning, design and operation of programs, services and infrastructure.

(d)  Advocacy for cap and trade program for greenhouse gases.  In order to increase the likelihood of the state meeting the goals established under this section, the public service board, the secretary of natural resources, and the commissioner of public service shall advocate before appropriate regional or national entities and working groups in favor of the establishment of a regional or national cap and trade program for greenhouse gas emissions.  This may take the form of an expansion of the existing regional greenhouse gas initiative (RGGI), or it may entail the creation of an entirely new and separate regional or national cap and trade initiative that includes a 100 percent consumer allocation system.

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

§ 580.  GREENHOUSE GAS INVENTORIES; REGISTRY

(a)  Inventory and forecasting.  The secretary shall work, in conjunction with other states or a regional consortium, to establish a periodic and consistent inventory of greenhouse gas emissions.  The secretary shall publish a Vermont greenhouse gas emission inventory and forecast by no later than June 1, 2010, and updates shall be published annually until 2028, until a regional or national inventory and registry program is established in which Vermont participates, or until the federal National Emissions Inventory includes mandatory greenhouse gas reporting. 

(b)  Inventory updates.  To develop the inventory under this section, the secretary, in coordination with the secretaries of administration, transportation, agriculture, food and markets, and commerce and community development, and the commissioner of the department of public service, shall aggregate all existing statewide data on greenhouse gas emissions currently reported to state or federal entities, existing statewide data on greenhouse gas sinks, and otherwise publicly available data.  Greenhouse gas emissions data that is more than 36 months old shall be updated either by statistical methods or seeking updated information from the reporting agency or department.  The information shall be standardized to reflect the emissions in tons per CO2 equivalent, shall be set out in the inventory by sources or sectors such as agriculture, manufacturing, automobile emissions, heating, and electricity production, shall be compatible with the inventory included with the governor’s commission on climate change final report and shall include, but not be limited to, the following sources:

(1)  information collected for reporting in the national emissions inventory, which includes air toxics, criteria pollutants, mobile sources, point sources, and area sources;

(2)  in-state electricity production using RGGI and state permit information;

(3)  vehicle miles travelled and vehicle registration data; and

(4) agricultural activities, including livestock and crop practices.

(c)  Forecast.  The secretary shall use best efforts to forecast statewide emissions for a five- and ten-year period based on the inventory data and other publicly available information.

(d)  Registry.  The secretary shall work, in conjunction with other states or a regional consortium, to establish a regional or national greenhouse gas registry.

(1)  Any registry in which Vermont participates shall be designed to apply to the entire state and to as large a geographic area beyond state boundaries as is possible.

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

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

* * * Pollution Abatement Facilities * * *

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

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

* * * Solid Waste Planning * * *

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

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

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

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

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

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

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

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

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

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

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

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

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

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

* * * Transportation * * *

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

§ 10b.  STATEMENT OF POLICY; GENERAL

(a)  The agency shall be the responsible agency of the state for the development of transportation policy.  It shall develop a mission statement to reflect state transportation policy encompassing, coordinating, and integrating all modes of transportation, the need for transportation projects that will improve the state’s economic infrastructure, as well as the use of resources in efficient, coordinated, integrated, cost effective, and environmentally sound ways.  The agency shall coordinate planning and education efforts with those of the Vermont climate change oversight committee and those of local and regional planning entities:

(1)  to assure that the transportation system as a whole is integrated, that access to the transportation system as a whole is integrated, and that statewide local, and regional conservation and efficiency opportunities and practices are integrated; and

(2)  to support employer or local or regional government-led conservation, efficiency, rideshare, and bicycle programs and other innovative transportation advances, especially employer-based incentives.

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

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

(2)  Manage available funding to:

(A)  give priority to preserving the functionality of the existing transportation infrastructure, including bicycle and pedestrian trails regardless of whether they are located along a highway shoulder; and

(B)  adhere to credible project delivery schedules.

* * *

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

§ 10e.  STATEMENT OF POLICY; RAILROADS

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

(1)  to To provide opportunities for rail passenger services by cooperating with the federal government, other states, and providers of those services, with priority to be given to the services likely to complement the state’s other transportation resources and Vermont’s economic development efforts and to meet the needs of the traveling public;.  Goals to increase passenger rail use will be in accordance with the agency’s rail plan.

(2)  to To preserve and modernize for continued freight railroad service those railroad lines, both within the state of Vermont and extending into adjoining states, which directly affect the economy of the state or provide connections to other railroad lines which directly affect the economy of the state;.  Goals to increase freight rail use will be in accordance with the agency’s rail plan.

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

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

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

(6)  To plan for increased ridership with city‑to‑city and commuter rail service, and for increased coordination of rail service with bus service,

car-pooling, and ride-sharing opportunities.

* * *

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

§ 10f.  STATEMENT OF POLICY; PUBLIC TRANSPORTATION

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

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

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

(2)  The agency shall develop and make available to the traveling public an integrated, statewide online service that coordinates transportation options and provides web-based access to information that will allow the traveling public integrated, convenient, affordable, and dependable access to alternative transportation modes sufficient to allow efficient, cost-effective, and timely travel throughout the state.

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

§ 2310.  PAVEMENT OF HIGHWAY SHOULDERS

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

(b)  Any construction, or reconstruction, including upgrading and resurfacing projects on these highways, shall include paved shoulders unless the agency deems certain sections to be cost prohibitive maintain or improve existing access and road surface conditions for bicycles and pedestrians along the shoulders of these highways, unless the area is adequately served by bicycle and pedestrian paths that are not located along the shoulders of these highways, or unless the agency deems it to be cost-prohibitive.

* * * Zoning Regulations * * *

Sec. 11.  24 V.S.A. § 4414 is amended to read:

§ 4414.  ZONING; PERMISSIBLE TYPES OF REGULATIONS

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

* * *

(14)  Green development incentives.  A municipality may encourage the use of low‑embodied energy in construction materials, planned neighborhood developments that allow for reduced use of fuel for transportation, and increased use of renewable technology by providing for regulatory incentives, including increased densities and expedited review.

* * * Combined Heat and Power * * *

Sec. 12.  30 V.S.A. § 202(i) is added to read:

(i)  It shall be a goal of the electrical energy plan to assure, by 2028, that at least 60 MW of power are generated within the state by combined heat and power (CHP) facilities powered by renewable fuels or by nonqualifying SPEED resources, as defined in section 8002 of this title.  In order to meet this goal, the plan shall include incentives for development and strategies to identify locations in the state that would be suitable for CHP.  The plan shall include strategies to assure the consideration of CHP potential during any process related to the expansion of natural gas services in the state.

* * * Least-Cost Planning * * *

Sec. 13.  30 V.S.A. § 218c(a) is amended to read:

(a)(1)  A “least cost integrated plan” for a regulated electric or gas utility is a plan for meeting the public’s need for energy services, after safety concerns are addressed, at the lowest present value life cycle cost, including environmental and economic costs, through a strategy combining investments and expenditures on energy supply, transmission and distribution capacity, transmission and distribution efficiency, and comprehensive energy efficiency programs.  Economic costs shall be determined with due regard to:

(A)  the greenhouse gas inventory developed under the provisions of 10 V.S.A. § 580;

(B)  the state’s progress in meeting its greenhouse gas reduction goals; and

(C)  the value of the financial risks associated with greenhouse gas emissions from various power sources.

* * *

Sec. 13a. INVESTIGATION OF DISTRIBUTED GENERATION

The commissioner of public service shall hold workshops concerning distributed generation and what barriers exist to the development throughout the state of distributed generation.  The commissioner shall present recommendations on these matters by no later than January 15, 2009, to the legislative committees on natural resources and energy, commerce, and finance.

Sec. 14.  VERMONT CLIMATE CHANGE OVERSIGHT COMMITTEE

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

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

(c)  The primary mission of the committee shall be to consider the recommendations of the governor’s commission on climate change and its plenary group and the recommendations of the Vermont council on rural development:

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

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

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

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

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

(d)  In this process, the committee shall work with the Vermont climate collaborative and other interested persons and groups.

(e)  The committee shall present a report to the general assembly by no later than January 30, 2009. 

* * *  Weatherization Program * * *

Sec. 15.  33 V.S.A. § 2502(b) is amended to read:

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

* * *

(3)  funding for the installation of solar domestic hot water systems and other renewable energy systems on eligible homes, where cost effective and consistent with other program needs.

* * * Methane Digesters * * *

Sec. 16.  REGIONAL DAIRY METHANE DIGESTERS

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

Sec. 17.  STATUS REPORT ON VEHICLE EMISSIONS LABELING

By no later than January 30, 2009, the secretary of natural resources shall provide to the house and senate committees on transportation a status report with regard to the implementation of the vehicle emissions labeling program for new motor vehicles, established under 10 V.S.A. § 579.

Sec. 18.  REPORT ON INCENTIVES FOR EFFICIENT

TRANSPORTATION

By December 15, 2008, the agency of transportation, in collaboration with the University of Vermont transportation research center and the agency of natural resources, shall report to the house and senate committees on natural resources and energy and on transportation, to the house committee on ways and means, and to the senate committee on finance with:

(1) An analysis of the role of motor vehicles in creating and contributing to air contaminants in Vermont, and a determination of what portion of overall statewide energy consumption is due to the use of motor vehicles.

(2) Recommendations regarding policy options that would encourage and reward efficient transportation, reduce the amount of greenhouse gases generated by the transportation sector, and support alternative modes of transportation.

(3) Recommendations for public education regarding clean and efficient transportation.

(4)  Other recommendations regarding the efficient use of transportation services.

Report of Committee of Conference

H. 748

An act relating to permitting students to possess and self-administer emergency medication.

To the Senate and House of Representatives:

The Committee of Conference to which were referred the disagreeing votes of the two Houses upon House Bill entitled:

H. 748.  An act relating to permitting students possess and self-administer emergency medication.

Respectfully report that they have met and considered the same and recommend that the House accede to the Senate’s proposal of amendment, that the Senate accede to the House’s further proposals of amendment, and that the bill be further amended as follows:

First:  In the House’s third proposal of amendment, in Sec. 1, § 1387(c), by striking the words “doing so” and inserting the words “distribution or notification

Second:  In the House’s third proposal of amendment, in Sec. 1, § 1387(c), after the final sentence, by adding a new sentence to read:  “The written plan shall become part of the student’s health records maintained by the school.

                                                                        Sen. Alice W. Nitka

                                                                        Sen. Harold W. Giard

                                                                        Sen. William T. Doyle

                                                                 Committee on the part of the Senate

                                                                        Rep. Gregory S. Clark

                                                                        Rep. Gary Gilbert

                                                                        Rep. Denise B. Barnard

                                                                 Committee on the part of the House

Report of Committee of Conference

H. 806

An act relating to public water systems.

To the Senate and House of Representatives:

The Committee of Conference to which were referred the disagreeing votes of the two Houses upon House Bill entitled:

H. 806.  An act relating to public water systems.

Respectfully report that they have met and considered the same and recommend that the House accede to the Senate proposal of amendment

                                                                        Sen. Robert M. Hartwell

                                                                        Sen. Richard McCormack

                                                                        Sen. Diane B. Snelling

                                                                 Committee on the part of the Senate

                                                                        Rep. Dexter Randall

                                                                        Rep. Robert Lewis

                                                                        Rep. Jim McCullough

                                                                 Committee on the part of the House


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)

Stephanie O’Brien of South Burlington - Member of the Liquor Control. Board - By Sen. Condos for the Committee on Economic Development, Housing and General Affairs.  (4/24)

John P. Cassarino of Rutland - Member of the Liquor Control Board - By Sen. Carris for the Committee on Economic Development, Housing and General Affairs.  (4/24)

Walter E. Freed of Dorset - Member of the Liquor Control Board - By Sen. Illuzzi for the Committee on Economic Development, Housing and General Affairs.  (4/24)

Richard W. Park of Williston - Member of the State Labor Relations Board - By Sen. Racine for the Committee on Economic Development, Housing and General Affairs.  (4/24)

James Kiehle of Brattleboro - Member of the State Labor Relations Board - By Sen. Carris for the Committee on Economic Development, Housing and General Affairs.  (4/24)

James J. Dunn, Esq. of South Burlington - Member of the State Labor Relations Board - By Sen. Condos for the Committee on Economic Development, Housing and General Affairs.  (4/24)

Leonard J. Berliner of Quechee - Member of the State Labor Relations Board.  By Sen. Illuzzi for the Committee on Economic Development, Housing and General Affairs.  (4/24)

Nathan Besio of South Burlington - Member of the Human Rights Commission - By Sen. Campbell for the Committee on Judiciary.  (4/29)

Nathan Besio of South Burlington - Member of the Human Rights Commission. - By Sen. Campbell for the Committee on Judiciary.  (4/29)

Donald R. Vickers of Georgia - Member of the Human Rights Commission - By Sen. Cummings for the Committee on Judiciary. (4/29)

Mary C. Marzec-Gerrior of Pittsford - Member of the Human Rights Commission - By Sen. Mullin for the Committee on Judiciary.  (4/29)

David Redmond of St. Johnsbury - Member of the State Infrastructure Bank Board - By Sen. Maynard for the Committee on Finance.  (4/29)

John Ewing of Burlington - Member of the Vermont Housing and Conservation Board - By Sen. Miller for the Committee on Economic Development, Housing and General Affairs.  (4/30)

Roy Folsom of Cabot - Member of the Vermont Housing and Conservation Board - By Sen. Condos for the Committee on Economic Development, Housing and General Affairs.  (4/29)

David E. Luce of Waterbury - Member of the Community High School of Vermont Board - By Sen. Doyle for the Committee on Education.  (4/29)

Joan Hungerford of St. Albans - Member of the Transportation Board - By Sen. Collins for the Committee on Transportation.  (4/30)

John Booth of Essex Junction - Member of the Transportation Board - By Sen. Mazza for the Committee on Transportation.  (4/30)



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us