Vermont Legislature SmartTranscripts:

[Speaker Jill Krowinski]: Will the house please come to order and members kindly take their seats? Good afternoon. Members, I have an update for you on the bill order. Our bill order will be house bill five twenty seven, house bill six eighty six, senate bill three twenty six, house bill six forty two, then house bill six zero six, and then we will regroup and see if we have further bills to take up in this block. So house bill five twenty seven, house bill six eighty six, senate bill three twenty six, house bill six forty two, and then house bill six zero six. Member from Pulton East, on our notice calendars, the senate proposal of amendment on house bill five twenty seven which is an act relating to extending the sunset of 30 VSA chapter 248A. Can you please offer us a motion to suspend rules to take up house bill five twenty seven off the notice calendar for immediate consideration?

[Representative Laura Sibilia]: Madam speaker, I make a motion to suspend rules in order to take up off the notice calendar for immediate consideration h five two seven.

[Speaker Jill Krowinski]: The member from Pultely moves that we suspend our rules to take up House Bill five twenty seven off the notice calendar for immediate consideration. Are you ready for the question? If so, all those in favor, please say aye. Aye. All those opposed, please say nay. The ayes appear to have it. The ayes do have it and you have suspended rules to take up House Bill five twenty seven for immediate consideration. House bill five twenty seven is an act relating to extending the sunset of 30 BSA chapter 248A. The bill passed the senate in concurrence with the proposal of amendment that is printed in today's calendar and the member from Pollitt, representative Pritchard will be moving to concur in the senate proposal of amendment with a further amendment thereto that is printed in today's calendar. But first, to explain the senate proposal of amendment, member from Dover.

[Representative Laura Sibilia]: Madam speaker, the house version of h five twenty seven extended the section two forty eight a telecommunications citing process through 2030 and directed the Public Utility Commission to conduct a broad stakeholder process and return recommendations for transparency, notice, fairness, and public participation. Members of this body will recall that we included that process in this bill after hearing substantial testimony from Vermonters concerned about the process. Our committee felt it was important to listen to them, and so we included that. The senate struck that particular language and instead focused on making immediate procedural improvements directly in statute and shortened the extension by one year, moving the sunset from 07/01/2030 to 07/01/2029. The senate changes require that there be written notice to municipalities and regional planning commissions explaining the rights and opportunities to participate in the section two forty eight a process. It requires a public meeting with the municipality or planning commission before filing applications rather than only upon request. It requires the applicant of that permit to attend that meeting and it also requires the Department of Public Service to attend. As I said earlier, this is, put in place of the house required PUC workshop and recommendation process, which would have taken longer. The underlying purpose of the bill remains the same, keeping in place a statewide telecommunications citing framework while also improving notice and transparency and local participation and avoiding a default shift into telecommunications citing into act two fifty. The house energy and digital infrastructure committee reviewed this senate amendment and on a straw poll of six three recommends this body concur with the senate.

[Speaker Jill Krowinski]: And now the member from Pollitt, representative Pritchard offers a further amendment thereto that is printed in today's calendar. Member from Pollitt.

[Representative Christopher "Chris" Pritchard]: Thank you, madam speaker. It is my hope that all of my fellow representatives here will consider supporting the following amendment to H527, an act relating to extending the sunset of 30 VSA 248A. It can be found in today's calendar on page 3,814. This proposed amendment would change the section two forty eight sunset date from 07/01/2029 to 07/01/2027. Section two forty eight of 30 VSA governs the issuance of certificate of public good for for telecommunications facilities in Vermont. There has been extensive testimony in the House and Senate on major issues related to the section two forty eight A. Despite the committee's acknowledgment of the public process problems, the sunset continues to be extended without necessary change. This amendment helps to ensure this issue was addressed next year and not put off for three more years as it has been for over a decade now. The legislature cannot keep saying extend the sunset, we will fix it later. Money and lawyers are typically necessary to effectively engage in the process and the majority of towns, especially rural towns without resources are struggling with this reality. Timothy town that I represent has needed to hire a lawyer to help them at the Public Utility Commission. I have witnessed firsthand the struggle that this town and community members are having with the section two forty eight process. In the beginning of this legislative session, the town clerk from Timothy, who was also a former representative and served in this body for three terms, testified in the House Energy Committee, and she shared the many problems the town was having with section two forty eight a process. Timothy is a small close knit rural town with limited means and resources. They have come together as a town to help an elderly husband and wife, long time, well thought of neighbors who have who face having a tower a short distance from their backyard. The town has reached out to folks to ask for financial assistance for legal fees that they simply cannot afford. It is it is sad to see what this community has had to endure through this process. But they are not alone. The Westmore Tower case next to Lake Willoughby is currently at the Vermont Supreme Court with a lawyer hired to appeal the certificate of public good issued over the town's recommendations and wishes. Towers are being proposed closer to homes and village centers leading to contested cases and delayed projects. Fixing the two forty eight a will support public process and telecommunications goals. The Department of Public Service and the Public Utility Commission have attempted to rectify problems, but nothing has fixed the issues or municipalities lack of understanding and intended role in projects. It is up to all of us here to correct course. House committee members have stated that they are enraged and irritated to learn of the issues, yet the sunset continues to be extended without resolution. After his no vote on H527 and House Energy and Digital Infrastructure, the representative from Walden explained his vote. I believe there are issues with the siting process. I am very concerned that Vermonters who this currently affects are not able to be heard. I am not convinced that the current process will be enhanced by our recommendations in this bill. Revisiting the current statute to me is the answer, and that is why I voted no. Senate Finance removed the House Energy Committee's recommendation and the senior senator from Addison's amendment to change statute and include a public hearing in the advanced notice phase is appreciated, but this does not address the issues with the PUC process that has surfaced in committees. The argument is not whether we need communication infrastructure, we know we do. The issue relates to lack of an accessible public process and proper citing of this infrastructure in our communities. How do we ensure these facilities are located properly for coverage? Public safety and respect for Vermont's environment. Our rural communities are now facing increased new tower proposals often proposed in areas prohibited by town plans and ordinances. Volunteer town boards and Vermont citizens do not understand the section two forty eight process. Locating telecommunication infrastructure 300, 500, 700 feet from homes and schools is unacceptable. In the senate finance committee, the director of telecommunications connectivity division testified and made a statement regarding the siting issues, and this is what he said. Everybody is in favor of throwing one person in the volcano if it means the greater good. Everybody realizes that sacrifices must be made for the greater good. Nobody ever thinks they're the one that's gonna get thrown in the volcano or they're the ones that are going to have to make the sacrifice. I find this unacceptable. We all care about Vermont and our constituents. No one should need to be sacrificed in the volcano for the greater good. We can and we must do better than this. I recently sat in in a committee of conference hearing on 03/25. As I listened to one of the committee members state, he had a concern with an amendment he felt was unvetted. I respectfully disagree. That amendment and the one I offer here today are and were vetted. Over the last few months, many in this body have received hundreds of emails and calls from Vermonters who feel they have not been heard or listened to. Vermonters that feel they have been left out of the decision decisions that directly affect their lives, their livelihood, their families, their land, and their communities. Literally thousands of Vermonters in just a shoot few short months have come together to share this message. We are frustrated. We want a seat at the table. We want you to hear this. Hear us. You have lost our trust. These are the people who have vetted this amendment that I put before you today. The people who elected us and have given all of us here the opportunity to make their voice heard on their behalf. Today, we have the opportunity to listen to that voice and take a small step forward to restore that trust. For these reasons, madam speaker, I ask this body to please vote yes and support this amendment to age five twenty seven. To guarantee the legislature will address these issues with section two forty eight a, sooner versus later. I thank you in this body for your considerations. Vermonters deserve to clearly know those that speak on their behalf where they stand on the issues that are of great importance to them. So I ask when this vote is taken, it be taken by roll.

[Speaker Jill Krowinski]: The member from Poll request that when the vote is taken, it be taken by roll. Is the member sustained? The member is sustained. When the vote is taken, it will be taken by roll. Member from Dover.

[Representative Laura Sibilia]: Thank you, madam speaker. And we thank the member from Paulette who came and spoke with us this morning about his amendment. As I noted earlier, we agree that changes are needed, and we believe that the senate changes take immediate action to make this situation better by requiring a meeting in the community where this, permit is being sought with the applicant and with the Department of Public Service. None of those things are required now, and we expect that to make a difference. Putting one year on the sunset, this morning, we talked about the potential risks. So we have heard from a lot of Vermonters who are concerned and with good reason about how this process is unfolding. We have not heard because there was no risk to them from rural Vermonters who do not have cell service and want to make sure that cell towers are continuing to be sited. So we also discussed that this amendment of increasing the sunset by one year as opposed to the three years that the senate had provided would also risk expediting more permits and potentially exacerbating the situation that folks are rightly concerned about. So for those reasons, madam speaker, the committee found this amendment unfavorable six to three. And we ask you to vote no on this amendment.

[Speaker Jill Krowinski]: Will the House please stand at ease and can I see House Leaders at the podium please? Members, there has been a request for a caucus. I believe the house Democrats will be caucusing downstairs in Room 10 Or 11, you'll find out when you get there. So with that, the house will stand in recess until the fall of the gavel at approximate