The legislative session 2022 - what’s happening?
The legislature hit the ground running and we are blessed with support from our legislative intern Elena Roig (UVM) to cover the State House issues around cannabis, neonicotinoids, land access, plastic contamination, dairy, protecting farmers from poor workmanship from utility companies and much more. Despite the question about whether or not legislators will resume in person next week - which appears unlikely - hearings will continue to be streamed live on YouTube where recordings will also continue to be available. Check out this initial overview outlining bills and issues that have a good chance to be passed during this second half of the biennium. Reach out to info@ruralvermont.org with your policy inquiries and if you’d like to support this work.
Rural Vermont Policy Priorities 2022 - some have already been picked up!
Cannabis
Relevant bills for Rural Vermont:
S.185, An act relating to miscellaneous cannabis establishment procedures
S.186, An act relating to the Medical Cannabis Registry
S.188, An act relating to regulating licensed small cannabis cultivation as farming
S.154, An act relating to cannabis excise tax revenue and the Vermont State Colleges
S.152, An act relating to the cannabis excise tax and local fees (I believe this replaced S.94)
H. 414, An act relating to cannabis social equity programs - VT Cannabis Equity Coalition, that RV is part of, supports this bill
H.502, An act relating to the cannabis wholesale gross receipts tax
What has happened so far?
We are currently focused on S.188 (recently introduced in the Senate Ag Committee) and H.414 or other coming social equity focused bills which may emerge. S.188 would classify all licensed small cultivators as “agricultural”. It would allow licensed cultivators to purchase and sell seeds and immature plants to one another and licensed wholesalers to sell such products to licensed cultivators. This bill does not support any of the recommendations our coalition has made directly, and we intend to meet and share with its sponsors ideas for amending the bill. Some of our recommendations include: all outdoor production be classified as “agricultural” (this is a core aspect of our advocacy), we do not think it’s wise to include indoor production as agricultural (as this bill would), we have questions about allowing wholesale license holders to also have the same abilities as nurseries (a separate license category). We are also trying to determine to what extent agricultural exemptions and allowances would apply - such as the direct sale of “principally produced product” - and continue to advocate for some means of direct sales allowance for cultivators. Significantly, last week the CCB voted to affirm a recommendation of its Social Equity Subcommittee that 5% of the excise tax go to the Cannabis Development Fund, and that 20% go to reinvestment in communities which have been disproportionately impacted by the criminalization of cannabis (our coalition has been making a similar recommendation). We are awaiting a bill reflecting this recommendation.
Plastic Residues in Compost
Relevant bills for Rural Vermont:
H. 501, An act relating to physical contaminant standards for residual waste, digestate, and soil amendments - The Protect Our Soils Coalition, that RV is part of, is informing the work on this bill
What has happened so far?
The Senate Committee on Agriculture held a meeting (watch recording here) on depackaging machines and microplastics in compost (Read this recent The Guardian article on Microplastics damage Human Cells). Lawmakers expressed frustration about how little the problem has been investigated while contamination has been allowed to occur. The Protect Our Soils Coalition is working to uphold the original intent of the Universal Recycling Law and is aiming to protect our soils while preventing pollution of composted food scraps with microplastics, as well as the incarceration of recyclable materials. Senator Bray, Chair of the Senate Natural Resources Committee, wants to see a committee bill on this issue alongside H. 501, introduced by Vice Chair of the House Natural Resources Committee (Rep. McCullough) that would set a contamination standard. Learn more about the issue and listen to this hearing from April 28, 2021 with Professor Deborah Neher, Professor of Plant and Soil Science at UVM here.
Get more info!
Webinar on UVM research on the state of microplastic pollution of compost here
Rural Vermont factsheet for farmers interested in composting food residuals here
Payment For Ecosystem Services
Relevant bills?
Legislation for a PES program proposal is currently being developed by the Payment for Ecosystem Services working group. A final report is due on January 15, 2023 (see Act 47, 2021, p. 8). Speak Up and provide Public Comment during one of the PES working group meetings! Register for their next meetings, which are every other Tuesday @ noon, online here.
What has happened so far?
The House Agriculture and Forestry Committee heard a presentation by Dr. Sara Via of the University of Maryland who gave an overview on known, science-backed methods to improve carbon sequestration such as no-till and the use of cover crops. Much of this data is based on modeling, however–soil sampling to test for carbon levels is very costly, complex, and tends to be outside of a farmer’s capabilities. Notably the PES working group continues to explore how to focus their programmatic proposal on measurable outcomes that prove to improve soil health only.
Attention! If you want to get involved in the PES program development - consider joining our Small Farmer Group that meets in between PES WG meetings to discuss ideas on how to engage best. Next meeting of the Small Farmer Group is January 19, 1pm (email catduffybuxton@gmail.com)
Poor Workmanship of Utility Companies causing Animal Welfare issues
Relevant bills for Rural Vermont:
S. 166 - An act relating to utility construction worksites and consumer protection
What has happened so far?
Last fall that two farms in Tunbridge Vermont experienced significant harm to their animals due to remains that (subcontractors) from utility companies have left behind. This bill would require rules to ensure a standard of care related to construction worksite cleanup to hold companies accountable for instances like this. The bill starts off in the Senate Judiciary where legislators already took testimony from the affected farmers earlier this week (watch their testimony here). We are in support of this initiative to prevent harm from poor workmanship of utility companies in the future.
Bills we’re tracking out of interest or support are:
Neonics, and Pesticides
Relevant bills for Rural Vermont:
H. 626 - An act relating to the sale, use, or application of neonicotinoid pesticides
What has happened so far?
The House Committee on Agriculture and Forestry heard about EPA findings that three chemicals - clothianidin, imidacloprid, thiamethoxam - were determined to likely adversely affect the majority of endangered species and critical habitats they studied, with a frequent mode of exposure being abrasion dust coming off of treated seeds. The committee will consider H.626 that finds that treated seeds violate science-based integrated pest management principles and aims to reinstate to apply pesticides only to mitigate existing pest problems rather than on the presumption of one. The bill would charge AAFM to amend the pesticides rules to uphold this standard and includes a complete prohibition on the use of neonicotinoid pesticides should the Secretary fail to adopt such rules by July 1, 2024.
BIPOC Land Access and Opportunities
Relevant bills for Rural Vermont:
H. 273 - An act relating to promoting racial and social equity in land access and property ownership
What has happened so far?
Advocates hope to now move and pass this important bill that was introduced last year and aims to reconcile with historical marginalization of BIPOC Vermonters by addressing wealth disparities in home and land ownership by creating a fund. A hopeful sign was the initial hearing right at the beginning of this week in the Housing Committee on General, Housing, and Military Affairs on Tuesday with the coalition Seeding Power including (not exhaustive) Ashley Laporte, Every Town organizers Kenya Lazuli (NEFOC) and Mindy Blank, Steffen Gillon from the Windham County NAACP and Rep. Brian Cina of Burlington. Watch the hearing here.
Climate Action Plan
Relevant bills for Rural Vermont (not exhaustive):
S. 234 - An act relating to changes to Act 250
S. 148 - Environmental Justice Bill
Note: Legislators are still soliciting recommendations derived from the Climate Action Plan for informing legislation. Rural Vermont is in contact with legislators emphasizing our recommendations to the Agriculture and Ecosystems Subcommittee of the Climate Council and offering our feedback and takeaways from the final CAP recommendations and mitigation strategies. Watch Rural Vermont's committee introduction to the House Committee on Agriculture and Forestry and read more on what’s moving from CAP in this VTDigger article.
What has happened so far?
While there is a LOT of chatter in the virtual State House, the Rural Vermont perspective largely focuses on discourses in the agricultural complex of the Climate Action Plan (CAP) and the requirements of the Global Warming Solutions Act and intersectional issues. In the House Ag committee the week began with hearing from Jane Lazorchak, the Director of Global Warming Solutions Act (ANR)
Watch the hearing in House Ag and Forestry Committee or House Nat Resources and hear farmer and Climate Council member Abbie Corse testify about her experience in working towards the CAP.
Jane pointed to improved manure management systems as one of the main opportunities for reducing Greenhouse Gas Reduction goals in the agricultural sector. Rural Vermont emphasised during Rural Vermont's committee introduction to design policy incentives that support farmers who want to compost their manure.
CAP, p. 123 states in this regard:
“Manure from livestock contains carbon and nitrogen, which can be lost to the atmosphere primarily as methane (CH4) but also nitrous oxide (N2O), both potent greenhouse gases—25 and 298 times more potent than CO2 over a 100-year period, respectively. Emissions from manure management are significantly affected by storage type, duration, temperature, moisture and manure composition. Storage of manure as a liquid has four times higher emissions compared to solid storage because more methane, which is more potent, is emitted from the anaerobic conditions of liquid storage, compared to more aerobic conditions of solid storage, which emits carbon dioxide (less potent). As such, switching from liquid storage (2.01) to solid storage (0.49), especially one that composts (0.28 MTCO2e/dairy cow/year), reduces emissions from manure storage (4-7 times).”
We also support farmer advocates like Stephen Leslie from Cedar Mountain Farm in speaking up on the benefits of old growth forests (see mitigation strategy d “Implement agroforestry and silvopasture practices that integrate woody vegetation in agricultural production,” CAP p. 117). Commissioner of Forest, Parks and Recreations Snyder gave his take on Agroforestry and Silvopasture in his presentation to HAG (following Rural Vermont's introduction, see link above). Along these lines, legislators of the House Natural Resources committee started discussion to establish more forever wild forests.
Jane also pointed to an increased net loss of natural or working lands, especially in agricultural and forest land and pointed to Act 250 amendments as a cross cutting solution to promote compact settlement as opposed to increased subdivision of the landscape. The Senate Natural Resource Committee is therefore working on a bill, S. 234, that would allow municipalities privileges through waivers from Act 250 requirements for towns that adopt municipal plans that designate so-called “Smart Growth” centers to attract development of town centers. Watch the SNR hearing here.
Essential for a Just Transition towards enacting any climate related policy - or policy in general - are questions of equity that start with upholding principles like creating transparency or facilitating public participation. The Environmental Justice Bill S. 148 demands policy makers to catch up on those fronts where Vermont is lacking behind. Sen. Kesha Ram Hinsdale presented the bill for the first time to the Senate Natural Resources Committee this morning - watch the recording here if you want to learn more.
Want to get involved?
Join the monthly meetings of the Vermont Soil Health Policy Network where a diversity of stakeholders shares about their work in the field and consults about policy proposals, contact caroline@ruralvermont.org. This week Abbie Corse shared insights about the Climate Action Plan and gave a passionate testimony of the need to think intersectional and link environmental programs with farm viability goals as farmers lack healthcare, childcare, retirement plans and other social benefits.