SmartTranscript of House Session: 2025-05-29-10:00 a.m.

[Chair]: Will the house please come to order and members kindly take their seats? Good morning. In lieu of a devotional today, will you please join me in a moment of silence? Members, we receive request request to read four house concurrent resolutions that the House and Senate adopted pursuant to the consent calendar. The first is HCR ninety nine, which is a house concurrent resolution congratulating the twenty twenty five Mount Mansfield Union High School, Cougars boys division one championship, Nordic ski team. Please listen to the reading of the resolution. [Speaker 1 ]: Whereas throughout the two days of the twenty twenty five Nordic championships in the division one boys competition, the cougars were in command on the trails both in the opening freestyle during the first day at the crafts Craftsbury Outdoor Center and on the second day at the Prospect Mountain Nordic Ski Center in Woodford for the classic skiing. And whereas in Craftsbury, an m MMU boy placed second in the five k race, and the team recorded the best overall school score for the day, easily surpassing Champlain Valley Union High School, CVU, thirty four to eighty five. And whereas when the teams reassembled a prospect mountain, the cougars placed third and fifth in the individual results and scored first in the relay, skiing past Mount Anthony thirty eight thirty six point one to forty two point four. And MMU captured the team title, outscoring CBU sixty seven to one ninety. And whereas the cougars who won the division one honors were Andres, Niguez, Ben Withers, Brady Morgot, Colin Hart, Crosby Wake, Derek Heffel, Devin Axelrod, Farmer Lindemas, Finn Monahan, Hayden Gilbert, Henry Hoff, Isaiah Bowen, Jack Connell, Jacob Sar, Levi McEntee, Liam Buswell, Liam rep, Logan Axelrod, Luke Amidon, Mateo Dizon Gaillard, Max Wyatt, Roy Powers, Will Hess, and Zell Donovan. And whereas coaches Wiley Picotte, l Al Sartwell, and Eden Schillenberger were all proud of the cougar boys. Now, therefore, be it resolved by the Senate and House of Representatives that the General Assembly congratulates the twenty twenty five Mount Manion Mansfield Union High School cougars boys division one championship Nordic ski team. And be it further resolved that the secretary of state be directed to send a copy of this resolution to MMU. [Chair]: Next is HCR one hundred, which is a house concurrent resolution congratulating the twenty twenty five Mount Mansfield, the Union High School, Cougars division one championship girls' Nordic ski team. Please listen to the reading of the resolution. [Speaker 1 ]: Whereas the twenty twenty five Mount Mansfield Union High School, MMU cougars, girls' Nordic skiers agility and athleticism represented both teamwork and individual talent that was showcased to both the division one championship freestyle racing at the Craftsbury Outdoor Center and the classic events at Woodford's Prospect Mountain Nordic ski center. And whereas in Craftsbury, the Cougars finished first, second, and fourth on the five k race and departed for home with a commanding twenty six to six twenty three to sixty two lead over the second place, Saint Saint Johnsbury Hilltopers. And whereas a prospect mountain, the fastest three individual racers were cougars. And at the competition's conclusion, MMU claimed a grand victory, out skiing the hilltoppers forty four to one twenty for division one honors. And whereas the talented cougars, Nordics years were Acadia, Inman, Astrid Longstreth, Ava Smith, Ava Kelly, Avery Wood, Ella Campo, Ella McEntee, Kate Campo, Ginny Haggerty, Lena Haggerty, Nia Gorman, Maya Peters, Nia says, says funk, test tanker, Rose Thompson, Riley Morgo, and seven Bowen. And whereas cougars coaches, Wiley, Picotte, Als Hartwell, and Eden Schulenberger deserve credit for their leadership and inspiration. Now, therefore, be it resolved by the Senate and House of Representatives that the General Assembly congratulates the twenty twenty five Mount Mansfield Union High School Cougars Division one championship girls Nordic ski team. And be it further resolved that the secretary of state be directed to send a copy of this resolution to MMU. [Chair]: Next is HCR one zero six, which is a house concurrent resolution congratulating the twenty twenty five Mount Mansfield Union High School Cougars dance program on winning oneten consecutive hip hop state championship. Please listen to the reading of the resolution. [Speaker 1 ]: Whereas under Vermont Principles Association guidelines, high school dance teams compete in three categories, jazz, hip hop, and palm. And the whereas at the state championship held this year at Virginia's Union High School on February fifteenth twenty twenty five, each team was required to compete two of the three categories. In each category, it was limited to a single round in which a team performed a routine consisting of three to twenty dancers for a duration of two and a two to two and a half minutes with a recorded musical accompaniment, and a champion was designated for each of the three categories. And whereas for the tenth consecutive year, the Cougars ranked supreme in the hip hop category, and they celebrated an additional bonus of achieving first place overall in scoring, narrowly outdistancing second place South Burlington two fifty nine to two fifty three. And whereas the hip hop and cougars were Sofia, Melissa, Maddie Brown, Savannah Cohen, Gabby Cohen, Hazel Fasching, Haley Kalita, Sarah Coteauver, Andy, Annie Merrick, Zoe Merrick, Anya Mueller, Liza Mundell, Monashay, Sunday, Audrey Rogers, Ariana Stewart and Zoe Van Don. And whereas coaches Rose Bedard, Lisa Rerson, Addie Price, Ella Davis, and Edie Watson were superb guides for the dancing cougars. Now therefore be it resolved by the Senate and House of Representatives that the General Assembly congratulates the twenty twenty five Mount Mansfield Union High School cougars dance program on winning a tenth consecutive hip hop state championship. And be it further resolved that the secretary of state be directed to send a copy of this resolution to Mount Mansfield Union High School. [Chair]: And finally, HCR one hundred and eight is a house concurrent resolution congratulating the remarkable four time state high school individual girls golf champion, Nemo Seibert. Please listen to the reading of the resolution. [Speaker 1 ]: Whereas each autumn, high school boys and girls who are golfing enthusiasts compete for an individual and team state championship laurels. And whereas occasionally a student golfer may be the sole member of their gender on the varsity golf team requiring them to compete on a solo basis. And undoubtedly, the most notable of these individual golfers of late is Mount Mansfield High Union High School, MMU senior, Namo Siebert. And whereas beginning as a ninth grader, Namo Siebert has exhort exhibited enormous confidence and skill, whether carefully putting putting to compete a hole, complete a hole, or maximizing her drive from more distance on the course. And whereas with the encouraging support of MMU golf coach Colin O'Brien, Amos Seibert has developed her own training routine to ensure she is physically and mentally prepared for the annual statewide competition. And whereas her presence at the state championship has been truly remarkable as Namo Siebert first shocked her competitors with with a ninth grade victory as the girls individual state champion and has now reconfirmed her well earned status as the premier high school girls golfer in Vermont by winning this title for four consecutive years. Now, therefore, be it resolved by the Senate and House of Representatives that the General Assembly congratulates the remarkable four time state high school individual girls golf champion Nemo Siebert. And be it further resolved that the secretary of state be directed to send a copy of this resolution to Nemo Siebert. [Chair]: Are there any announcements, member, from Jericho? [Speaker 2 ]: Thank you, madam speaker. Before we recognize these amazing athletes, I I just need to change gears for a second. Yesterday, there was a critic an an accident on Route one seventeen in Jericho, and an impaired driver, crossed the yellow line and critically injured one of the MMU seniors, who is in the hospital. And I'm hoping that we can, send some healing energy and well wishes to the student's family. [Chair]: We wish him a speedy recovery and keeping him in our thoughts and prayers. Are there any further announcements? Member from Jericho. [Speaker 2 ]: Thank you, madam speaker. I think I just need to note that the people who are the most excited that we're still in session are here in the balcony with us today. And on behalf of the members from Richmond Underhill and the two members from Waterbury, I'd like to welcome all of the students. They to celebrate the remarkable achievements of Mount Mansfield Union High School's twenty twenty five state championship teams and individuals. Hailing from Jericho, Vermont, these athletes have demonstrated Jericho and Richmond and Underhill and water no. Not Waterbury. And Bolton and Huntington. These athletes have demonstrated exceptional dedication, talent, and sportsmanship from across multiple disciplines. We're proud to honor their accomplishments. This year, both the girls and boys' Nordic ski teams continued their dominance by capturing back to back state championships. Their repeat victories reflect the strength of the Nordic program at MMU. These teams have set a high standard of excellence on snow, and their continued success is a testament to countless hours of training and team unity. In dance, we have not yet recognized them here in the state house. The cougars delivered another outstanding performance and earned their tenth consecutive state championship title. A full decade of state level success is a rare and extraordinary achievement, and it speaks volumes about the program's consistency, creativity, and passion. MMU dance is truly a powerhouse, and their legacy continues to grow with every passing season. We also celebrate an individual milestone in girls' golf. Senior standout, Nemo Siebert, secured her fourth individual state title this year. I first golfed with Nemo when she was in sixth grade, and I will tell you I could not keep up with her then. So this is an incredible feat that solidifies her place as one of Vermont's most accomplished high school golfers. Nemo's dedication and composure on the course have inspired her teammates and set a shining example of excellence. Together, these teams and individuals represent the very best of Mount Mansfield Union High School. Their victories are not just about medals and trophies. They're about commitment, perseverance, and pride in representing their school and their community. And we're so glad to recognize their hard work and congratulate them on their well deserved success. [Chair]: Will the guests of the member from Jericho please rise and be recognized. Are there any further announcements? Member from Barrie City. Town. [Speaker 3 ]: Maverick Town. Thank you, madam speaker. We have a very special guest here today, ex representative Tom Koch. So on behalf of my seatmate, we would like to introduce our now constituent. Tom, when I first started here twenty one years ago, gave me a lot of good ideas on how to operate in this building. And they've kept me in good stead throughout my career so far here. So if you would, madam speaker, help us welcome Tom to the house. [Chair]: Will the former member please rise and be recognized? Member from Woodstock. [Speaker 4 ]: Thank you, madam speaker. It was with great pleasure that I received a text this morning alerting me to the fact that, members of the Woodstock Union High School AP government class are here in the balcony. Twenty eight students, which is quite a testament to the rigor and interest exhibited by their teacher, Steven Smith, accompanied by also teacher Tom Emery. So I'd like to welcome them to the people's house here in Montpelier. [Chair]: Will the guest of the member from Woodstock please rise and be recognized? Member from Bradford. [Speaker 5 ]: Madam speaker, I have friends in the balcony. Marilyn and Skip Sturman and their friends Bob and Karen Hickey are visiting [Speaker 3 ]: the People's House today. If we could help welcome them. [Chair]: Will the guest of the member from Bradford please rise and be recognized? Are there any further announcements? Member from Springfield. [Speaker 6 ]: Madam speaker, I would like to say a few words this morning. I didn't think it would be so difficult, But I would like to publicly thank my committee for totally embarrassing me in this chamber. It is very humbling, but I really wanna appreciate each and every member of the committee for what they gave me yesterday. But what struck me the most was last evening, I was looking through the pictures that members had taken and sent to me. And, you know, folks, we we are here in a very, very special place. And that came across in those pictures. I was seeing folks sitting at their seats, smiling, clapping, laughing. And what struck me is how lucky we are to be here and what it means for us to do work for our constituents, our community, and our state. And that is what binds us here. And we are a family. And when we finish our work soon to go home, we won't forget each other. And when we come back in January, we'll pick up where we left off. So I really would like, again, to publicly thank my committee with their little grins on their faces because I knew they embarrassed me. But I would also like to thank each and each and every one of you for making this general assembly what it is. And don't forget, we are very special for what we have here. And let's hold on to it. Thank you. [Chair]: And we appreciate and thank you, member. Are there any further announcements? Member from Chittenden. [Speaker 7 ]: Madam speaker, I learned an important life lesson yesterday, and I also learned a little bit about technology. Yesterday, during a break, members of our committee, madam speaker, went down the road a little bit to get a creamy. It was a beautiful day. But I learned when a member from our committee, we got over there, we got in line, and the member I I won't say who it is to protect his identity, but his town begins with a b. So we get in line and he gets a text message from home. Are you at the creamy stand? And I said, woah. I need to learn how to turn off my location device. Thank you. [Chair]: Are there any further announcements? Seeing none, orders of the day. Members, to update you on, what, bills will be taken up on our action calendar, we will be taking up s one twenty four and act relating to miscellaneous agricultural subjects and, House Resolution nine. After we complete, those two votes, we will recess and come back at one PM. So with that, we will begin with Senate Bill one twenty four, which is an act relating to miscellaneous agricultural subjects. The bill was referred to the Committee on Agriculture, Food Resiliency, and Forestry, which recommends that the House propose to the Senate to amend the bill as printed in today's calendar. The member from Shaftesbury, Representative Durfee, will speak for the committee. The bill was then referred to the committee on environment, which recommends that the report of the committee on agriculture, food resiliency, and forestry be amended as printed in today's calendar. The member from Burlington, representative Logan, will speak for that committee. And then affecting the revenue of the state, the bill was then referred to the committee on ways and means, which recommends that the bill ought to pass in concurrence with the proposal of amendment recommended by the committee on agriculture, food resiliency, and forestry when further amended as recommended by the committee on environment. The member from Thetford representative Maslin will speak for that committee. Please listen to the second reading of the bill. [Speaker 4 ]: S one twenty four, inaccurately into miscellaneous agricultural subjects. [Chair]: Member from Shaftesbury. [Speaker 8 ]: Madam speaker, s one twenty four is titled and enact an act relating to miscellaneous agricultural subjects. Every year, the agency of agriculture, food, and markets brings a list of statutory amendment requests to the House and Senate committees on agriculture. These are usually for technical edits related to the operation of the agency and typically span multiple subjects. This year, the requested changes that were taken up by the other body focus on a single subject matter, agricultural water quality. Most of the bill seeks to bring the state into compliance with the federal Clean Water Act. The US Environmental Protection Agency grants most states, including Vermont, the authority to enforce the Clean Water Act. While the EPA has specifically delegated this responsibility to the Vermont Agency of Natural Resources, in practice, the agency of agriculture has historically played a key role in regulating water quality on farms in Vermont. Over the years, that has resulted in a certain level of conflict and disagreement, which led about a decade ago to the issuance of a formal memo of understanding between the two agencies outlining how enforcement was to be carried out. Questions about the adequacy of enforcement remained, however. And last September, the EPA informed the agency of natural resources that it has not been adequately regulating and permitting discharges of wastes from what are called concentrated animal feeding operations or CAFOs. Under current law, farms are prohibiting from having these discharges. However, EPA asserts that discharges are in fact occurring and that under the federal clean water act, a n r as the Vermont agency delegated by the EPA to issue Federal Clean Water Act permits must start issuing CAFO permits or risk the loss of the entire Clean Water Act permitting system that has been delegated to the state. To address its concerns, the EPA instructed the agency of natural resources to submit a corrective action plan that met at least that met a list of seven requirements. First, a and r personnel must inspect all potentially jurisdictional farms to determine if a CAFO permit is required. A and R personnel must review nutrient management plans and issue CAFO permits consistent with state and federal requirements. A and R must comprehensively track permitting, monitoring, and enforcement actions. A and R must take enforcement steps against farms that are discharging without a permit. A and R must have sufficient personnel to fully implement the foregoing requirements in a timely manner. Six, a and r must seek the necessary statutory and regulatory authority to fully implement the requirements of the Clean Water Act. And finally, a and r must include a reasonable but expeditious timeline, including a date certain for the completion of corrective action plan. Pursuant to the sixth item on the list and at the request of both agencies, s one twenty four amends agricultural water quality statute to address the EPA concerns that can be met through statute. S one twenty four clarifies and amplifies ANR's authority as the lead Clean Water Act permitting authority in Vermont for discharges from CAFOs while also retaining authority at the agency of agriculture for runoff from fields, which are classified as non point source agriculture, pollutant discharges. Our strike all amendment, which begins on page thirty nine seventy one of today's calendar is nearly identical to the bill passed by the senate with a couple of minor changes that I will point out as we walk through the bill. The first six sections make changes to title six, which is which deals with agriculture, amending the agricultural agencies water quality authority. Section one deals with cooperation and coordination between the agency of agriculture and the agency of natural resources. It strikes the existing requirement that the two agencies enter a memo of understanding, describing how both agencies will implement the federal caper program. In its place, new language in section one directs a and r in consultation with the EPA and the agency of agriculture to issue a new document that sets forth a and r's roles and responsibilities in implementing the Clean Water Act and the agency of agriculture's roles and responsibilities and implementing the state's non point source program on farms. In the last sentence of section one, our committee amendment strikes a vestigial reference to the MOU that the senate had overlooked. Section two amends agriculture water quality statute to provide that the vegetated buffer requirements under AAFM's authority shall not apply to any farm that is determined by a and r to be a CAFO. Section three clarifies that a and r is the state entity that will determine if discharges are occurring on large farms. Section three also provides that if the agency of agriculture determines that a farm may be discharging, the agency immediately shall refer the potential discharge to a and r for a response according to the Clean Water Act CAFO rules. If there is a discharge, ANR can require the farm to obtain a CAFO permit. If no CAFO permit is required, and are notifies the agency of agriculture. Section three also clarifies that under the definition of a large farm, two or more farms under common ownership and adjoining will be treated as one farm to avoid farms circumventing permitting requirements by moving animals between farms. And section three finally provides that a person required to obtain a large CAFO permit is not required to pay the twenty five hundred dollar large farm operation permit fee to the agency of agriculture. Section four clarifies that ANR shall verify whether a medium farm operation can establish that there are no unpermitted discharges on the farm. Section four also provides that if the agency of agriculture determines an MFO may be discharging, the agency immediately shall refer the discharge to ANR, the potential discharge to ANR for a response. Section four provides that ANR has authority to direct medium farm operation to obtain a CAFO permit. As with large farms, if a farmer is not required to obtain a CAFO permit, ANR notifies the agency of agriculture. And in that case, the agency of agriculture maintains jurisdiction. Section four also strikes a reference to the existing memo of understanding between the two agencies. Sections five and six are not related to the EPA requirements, but both deal with deal with water quality. Section five amends the existing ban on the land application of manure between December fifteenth and April first to allow the agency of agriculture to authorize an emergency exemption from the ban. Emergencies usually occur when a storage facility fails or farm exhausts manure storage capacity due to weather conditions or other factors such as farmer health. The agriculture committee added language to the senate version of the bill clarifying that an emergency exemption must be issued according to criteria in the required actual the required agricultural practices. Section six clarifies that the agriculture agency may require any new small farm to certify compliance with the wraps. Those are the required agricultural practices. And that the agency of agriculture may require any farm to regularly certify ongoing compliance with the requirements. Madam speaker, the remainder of the bill deals with changes to title ten and amend the agency of natural resources authority over CAFO discharges. In the spirit of the shift in oversight authority that this bill represents, I would now like to yield to the member from Burlington. [Chair]: The member from Shaftesbury yields to the member from Burlington. [Speaker 5 ]: I thank the member. Section seven through twelve of the amendment or of the bill amend the agency of natural resources authority over concentrated animal feeding operation discharges. That begins with section seven and that is thirty nine page thirty nine eighty in your action calendar. Section seven amends state water pollution control definitions in title ten. Clarifies that a discharge applies to both waste and pollutants. Currently, only discharges of waste are prohibited, but the federal clean water act prohibits just charges of pollutants. This change will allow for easier implementation of the CAFO discharge permit. Section seven also adds new definitions of continuous discharge, daily discharge, and pollutant for consistency with the Federal Clean Water Act. It also defines waters as waters of the state. Moving on to section eight, amending section or chapter forty seven of of title ten includes a new subchapter three a on concentrated animal feeding operations. It adds a definition section that is specific to the Agency of Natural Resources regulation of CAFOs. The key definitions are animal feeding operation, large CAFO, medium CAFO, and small CAFO. The definitions in title ten are more restrictive than those found in the agricultural water quality chapter of title six and entirely focus on the agency of natural resources agricultural water quality regulatory authority over CAFOs. You can see the definitions there in section eight. An animal feeding operation is a facility where animals will be stable or confined and or maintained for a total of forty five days or more in a in a year. A large CAFO means an animal feeding operation that houses seven hundred or more mature dairy animals and a numb number of other conditions that would make them require a CAFO permit. A medium CAFO means an animal feeding operation that houses two hundred to six hundred ninety nine mature dairy animals and would require a CAFO permit because of their discharges, via point source or into waters, that originate outside of or pass over across or through a facility or otherwise come into direct contact with the animals confined in the operation. And a small CAFO means a small animal feeding operation designated as a small CAFO by the secretary upon determining that the AFO is a significant contributor of pollutants to waters of the state. Section eight also adds a definition of waters of the United States to reference under the definition under the Federal Clean Water Act. The next subsection of Section eight sets forth the powers of the secretary of a and r to regulate discharges from CAFOs including the authority to implement the Vermont pollution discharge. Oh. Why am I forgetting my acronym? The fifties permit. I'll just and adopt rules and guidance to administer the program, designate an AFO that meets the definition of a CAFO as a CAFO, designate any small animal feeding operation as a CAFO after an on-site inspection. Section eight also clarifies that discharge of manure, litter, or processed wastewater to waters of, the state from a capo as a result of the application of that manure litter process, is a discharge from that capo subject to a permit requirement except when, they're operating in accordance with a site specific nutrient management plan approved by the secretary of the ANR. Does have a precipitation, related parts that makes, makes a discharge and exempt agricultural stormwater discharge, only when the, manure litter or process wastewater has been applied in accordance with their nutrient management plan. Requires all MFOs and LFOs to maintain documentation of their nutrient management plan and practices on-site and make that documentation readily available to the secretary. The next subsection also provides the that the presumption that a farm is in compliance with required agricultural practices does not apply to any animal feeding operation that a and r determines to be a CAFO. Then moving on to section nine, community stakeholder group on agricultural water quality. By next year, Agency of Natural Resources in coordination with, agriculture farm and markets must engage key agricultural stakeholders as part of a pre rulemaking process to gather input on proposed CAFO rules. The stakeholder engagement process will include opportunities for the agricultural community, including livestock farmers, farm and watershed groups and consultants to share their input on the implementation of the CAFO program. How to align the CAFO program most effectively with the agency of agriculture firm and markets, water quality regulatory programs, how to best create regulatory clarity for agricultural producers for the long term within a two agency regulatory system or through a full transfer of regulatory authority to one agency. The resources, technical assistance, and regulatory structure necessary to create a path to compliance for agricultural producers that maintain KIFO operations and feedback on implementing regulatory structures similar to other states, including New York. That report is, due back to us by February fifteenth twenty twenty six. Then moving on to sections ten and eleven. These are primarily conforming amendments. Section ten amends, existing agency of natural resource discharge permit authority to clarify that compliance with the wraps alone is not sufficient to exempt a farm from a permit. The farm also must be determined to be complying with the federal clean water act. Section ten strikes a reference to the MOU between ANR and the agency of agriculture farm markets and replaces the MOU with a document setting forth the responsibilities and duties of each agency. Then in section eleven, this amends the a and r section related to discharge permits to clarify, that a person must apply for a CAFO permit when necessary for discharge from CAFOs, directs a and r no later than July first twenty twenty six to issue a capo permit application authorizes a and r to, request any additional information from a farm necessary to process the permit. And our may direct a farm to apply for an individual or general permit. And our, shall require nutrient management plans for all kfos and shall include the plans in the permits in the permits for public comment, in accordance with the program. And once a farm is covered under a CAFO permit, it is covered for the five year duration of the permit. And now I'll yield back to the member from Shaftesbury. [Chair]: The member from Burlington yields to the member from Shaftesbury.

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SmartTranscript of House Session: 2025-05-29-10:00 a.m.

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