Legislative Update 04.24.23

This year's legislative session is nearing completion with the second week of May marking the current target to adjourn. In this week's update, we focus on bills that intersect with agriculture that we haven’t written about much before, namely the childcare and paid leave bill. We’re also including a head’s up about more new legislation that got some initial attention prior to the 2024 session. Most importantly, there’s a few updates that come with a last minute action alert. Stay tuned for the full end-of-session update with a comprehensive overview coming up soon!

Intersectional Highlights

Access to physical and mental health care and child care are directly connected to farm viability and quality of life. Rural Vermont recognizes that our advocacy to advance and the viability and diversity of and on farms intersects with the ability of those working on farms to meet their basic needs. That also includes all the issues around housing so that we use the opportunity here to share info about an open comment period to the Housing and Urban Development plan that guides relevant decision making in that realm. 

S. 56 - Childcare Bill

Update: This bill aims to increase access and quality of child care services. It creates a study committee to undertake a stakeholder engagement process and to make recommendations on how to expand prekindergarten education. It aims to increase funds and simplify applications to Child Care Financial Assistance Programs and also establishes noncitizen assistance as part of the program to provide subsidies for children otherwise not eligible due to citizenship status. Furthermore it would codify a parental leave benefit program for a maximum period of 12 weeks per family during the year following birth or adoption. The 12 weeks worth of benefits may be shared between two parents or used by one parent in full.  

S. 56 passed the Senate and just passed the House Committee on Education 4/26 with some amendments. Next station for this bill is the House Ways and Means Committee.

More info: House Committee on Education amendments draft 2.1 here; bill website here; contact representatives that now work on the bill in House Ways and Means here.

H. 66 - Paid family and Medical Leave Bill - Action Alert!

Update: This legislation promises support for tens of thousands of family caregivers that help their parents, spouses, and other loved ones at home by allowing them to continue to earn their pay as employees while taking time away from work to provide that care. While the final details are still being worked out in committee, the House’s proposal suggested funding through a payroll tax of .55% paid at least in half by employers. This would also affect anyone self-employed. The total benefit amount would depend on the length of the leave and the individual's pay rate. The bill capped the pay at the state weekly average wage of about $1,100. Please do reach out to caroline@ruralvermont.org with your thoughts and comments on this legislation.  

More info: Take Action here; bill website here

Housing and Urban Development (HUD) Consolidated Plan - Action Alert!

Update: Not a piece of legislation but an important baseline for various decisions around spendings from the federal CARES Act to increase the supply and quality of affordable housing is the so-called Consolidated Plan. The 5-year strategic plan is being realized through Annual Action Plans that describe one-year goals and programmatic changes. We recognize that farms have various kinds of housing and land access issues and highlight that the plan mentions the need for greater availability of housing units affordable for farm workers as an underserved need and a priority housing goal (see p. 112 & 179 of the plan). Speak up and provide public comment in support of the farm housing repair grant program at UVM and Champlain Housing Trust and for funds to be leveraged to improve housing on farms.

More info: official website here. Take Action! The Annual HUD Action Plan is open for comments by Wednesday, May 3, 2023, email your comments to arthur.hamlin@vermont.gov  

New Initiatives

H.128 - Reducing Act 250 Barriers for Farm and Forestry Businesses

Update: An initiative representatives started to learn about in preview of the 2024 session is H.128, An act relating to removing regulatory barriers for working lands businesses. This bill seeks to amend Act 250 definitions around Accessory on Farm Businesses as well as relating to the development of forestry businesses. The purpose of this initiative from the rural caucus is to allow working lands businesses to grow vs costing them a lot of time and money with Act 250 permitting. This would benefit for example small sawmills that currently aren’t Act 250 exempt like logging businesses. Similarly, farming is Act 250 exempt but accessory on farm businesses are not - this bill seeks to change that. 

More info: bill website  

Soil Health Restoration Act Rewrite

Update: The Conservation Districts keep making strides in modernizing their institution with both, increasing their funding as well as planning to take a deep dive into their enabling legislation in the second half of this biennium. Conservation Districts work with landowners to implement conservation projects in various ways. Currently, the one-time funding of $1M included in the House FY24 Budget would cover core services, specialist training, outreach, compensation for boards of supervisors, equipment and facility upgrades as well as leadership and capacity development. 

Good to know! The current enabling statute allows conservation districts to adopt rules governing the use of lands within their district in the interest of conserving soil, controlling soil and stream bank erosion, and promoting conservation of natural resources and drainage. The antiquated provision hasn’t been acted upon in a long time (ever?) but it theoretically allows for hyper local soil health grassroots policy initiatives to petition their district's board of supervisors. 

More info: Recent letter to Senate Approps here; Read the Soil Conservation Act here; Find your Conservation Districts contact info here

Updates

Cannabis

Update:  We had some very positive amendments to H.270 drafted in the Senate Agriculture Committee over the past 2 weeks.  The Committee, with the support of our coalition and Legislative Council, did our best to craft language which would have outdoor cannabis cultivators and cultivation treated in the same manner as agriculture in VT, including: taxation status, value use appraisal qualification (“current use”), exemption from municipal governance, exemption from Act 250 oversight, and provision of the nuisance protections included in the “Right to Farm” statute.  

These amendments were considered in the Senate Economic Development Committee, and Rural VT and the Green Mtn. Patients’ Alliance were able to provide testimony on these amendments and additional changes we seek, on Wednesday, April 26th (our testimony begins at approximately 1:03 into the recording).  Additional proposed amendments were also heard from the Cannabis Control Board and the Senate Health and Welfare Committee.

Unfortunately, the Committee was largely unwilling to address our other concerns and proposed amendments, with a couple caveats.  

  • Social Equity: They have not included language inclusive of long term funding from the excise tax, or otherwise, for the Cannabis Development Fund (serving Social Equity Licensees) - but have included a one-time appropriation to replenish the fund.  We heard from Brynn Hare (CCB) in her testimony that there was a greater need for funding in this first year than the program could afford to support.  More concerning, there continues to be no money or resources from the regulated cannabis economy going towards reinvestment and repair in communities which have been disproportionately harmed by the criminalization of cannabis.    The only potential silver lining here is that although Vice Chair Clarkson was unwilling to consider our proposal given her understanding of this as a “housekeeping bill”, she insisted that this was important and that it would be addressed next session, in the second half of the biennium.

  • Propagation License: The Committee, after hearing opposition from the CCB, was unwilling to support our expansion of the allowance of direct sales of seed to the public, to include the direct sale of immature plants (“starts”) as well.  It was likewise unwilling to consider our recommendations that smaller scales of cultivators be provided this allowance without an additional license.  The CCB’s stance on this is disappointing and their continued efforts to further centralize access for the public to retail licensees under the name of control is in direct opposition to principles and outcomes of market equity and decentralization of power, genetics, and wealth generation.

  • Medical: The Committee was not conclusive on its stance in relationship to our medical proposals. We expect to learn more soon - though we are not very hopeful given the significant bias this plant and people who seek to use it medically continue to receive from many policymakers.

  • Equitable Consumption:  We were able to provide some education to committee members with respect to the extreme limitations on legal places for people to actually consume cannabis - and how this is largely dependent upon one’s social economic status and ability to own one’s own home or property.  However, the committee deferred taking action this year.

    H.270 will be in Sen. Economic Development throughout this week, and potentially voted out before the end of the week.  There have been some concerns expressed in relationship to the agricultural exemptions, and though it appears they will likely make it out of Senate Economic Development intact, they will face the threat of removal or compromise in the Senate Finance Committee (where the bill heads next) based on some of the concerns expressed by Sen. Ann Cummings, who Chairs Senate Finance, in the Economic Development Committee.  Rural Vermont will be providing testimony in the House Agriculture Committee on H.270 this Friday April 28th by invitation, and our coalition has also submitted our names for testimony once the bill reaches the Senate Finance Committee.  Depending on the level of disagreement in committee about the bill, it may or may not continue on to other committees - such as Sen. Government Operations.

  • More Info: This continues to be an important time to reach out to the your representatives about this issue, and about this bill.  You can also direct your attention to members of the Senate Finance Committee, and the Senate Committee on Economic Development, Housing, and General Affairs.

H.205 - Small Farmer Diversification and Transition Program

Update: This bill aims to support small producers to transition and diversify their operation. The test-run for this new program was equipped with a lowered appropriation in one-time funds of $350K by the House which would allow approx. 22 farms to access the grants capped at 15K.  While the goal of the legislation is to offer aid to small farms with low bureaucratic entry barriers, competitiveness and oversubscription will remain issues in accessing these funds. 

The Senate Committee on Agriculture rewrote the bill that is currently waiting for consideration by the Senate Appropriations Committee. The unanimous vote in favor of draft 5.1 from 4/13 suggests to couch the new program within the supervision of the Working Lands Enterprise Board instead of within the Agency of Agriculture, Food and Markets. The Senate Committee on Agriculture also added more specific criteria to grant applications for advancing accessory on farm businesses, farm stands or farm stores - 50% of the annual sales from these business venues need to be from farm products. Presumably, such requirements add entry barriers to develop such venues though adding bureaucratic burdens that would need to be provided in some form of record for related applications. Furthermore the new draft simplifies the definition of “small farmer” to refer to any small farm that’s subject to the Required Agricultural Practices. 

More info: Draft 5.1 from 4/13; VT Digger Article 4/23

H.81 - Right to Repair - Action Alert!

Update: Right to Repair has moved from House Agriculture to the House Committee on Commerce and Economic Development where it is being discussed several times this week with a possible vote on the agenda for Friday before noon (right after the floor session of the morning). Would your farm benefit from easier access to the tools needed for equipment owners and repair shops to fix their agricultural equipment? Let the committee know that you are in favor of moving this bill forward!

More info: committee agenda and youtube link here; contact info of committee members here

H.126 - Community Resilience and Biodiversity Protection

Update: The Senate Committee on Natural Resources and Energy favored an amendment to the bill that, among other things, would specify further what the House included in the bill in terms of reviewing the conservation categories and how they apply to agriculture. Specifically, types of agricultural lands that will qualify as supporting and restoring biodiversity should count towards the natural resource management area category. They also included an appropriation of $150K for the development of the related statewide conservation plan. The bill is now in the Senate Committee on Appropriations.

More info: SNR draft here

H.165 - Universal School Meals

Update: the bill has been moved to Senate Appropriations over a week ago where it's been stuck in the pipeline for consideration. Stay tuned on the committee website for next week's agenda when this should be up.

More info: committee website here

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