On May 8, 2024
State News

A gamble?

Despite my reputation at the State House as a promoter of our annual March Madness pool and making a couple of announcements about the adjournment pool, I am not a gambler. If you ever saw me in a casino during my former career attending a conference, at best, you may have found me at the nickel slot machine (which they probably don’t even have now). 

I share this as to why I voted against the so called “Make Big Oil Pay” legislation, S.259. While it passed by wide margins in both the House and Senate, I worry about the financial risk the state is taking with the bill. It sets up a climate cost recovery fund and allows Vermont to sue oil producers for damages stemming from climate change over the past 20 years. While we have seen the impacts of climate change firsthand with significant storms and flooding, the issue will likely end up in court for years to come and the potential liability to Vermont could be enormous.

Not only will Vermont need to front its own legal costs and hire various experts to back up its claims, but the state could also be on the hook for the defendants’ legal bills if it loses the case on constitutional grounds. While Vermont might ultimately win and receive millions, we could also lose, as some legal experts believe, which will cost the state millions. As no other state has passed similar legislation, it’s just too big a gamble for our taxpayers in my view.

By the end of last week, it was looking more like the Legislature would finish its work this week as scheduled. Much can happen that could the session to spill over to next week, including reaching agreement on the education tax bill. However, budget negotiators reportedly will have an outline of an agreement to present early this week. Once that happens, a signal is sent to the rest of the Legislature, we are days away from completion.

This risk-taking gambler has a few bets on finishing May 10! (The $2 wagers in the adjournment pool benefit ongoing flood relief efforts.)

Other issues of interest:

The Senate will be taking up its version of the Education Finance bill, H.887, this week. As passed by the House, the bill adds the sales tax to online software and increases the rooms tax on short term rentals. There are no cost containment provisions in the bill, although a task force of various education groups is established to report back to the Legislature with recommendations over the next 18 months.

The House approved the bi-annual Pay Act legislation, H.889. The bill is introduced every two years to approve and appropriate the funds necessary for the negotiated contract with state employees and give corresponding raises to exempt employees (statewide officers, commissioners, judges, etc.). The union negotiated contract includes a 4.5% salary increase July 1 plus an average 1.9% STEP increase for a total 6.4% increase on average.

On Friday, the Senate approved its version of H.687, Act 250 changes and housing. The controversial change in an earlier reversion of Act 250 appeals was replaced with a study on the issue. The Senate also added a new property transfer tax rate of 2.5% on second homes.

Governor Scott signed into law a change allowing developers an option to use purchaser escrow deposits for construction if they protect the buyer with a surety bond. The Legislation was introduced by me and co-sponsored by most of the Rutland area delegation.

The House approved S.102, that allows employees to opt out of employer meetings that they may deem religious or political.

The Senate approved H.72, which allows the establishment of a safe injection site in Burlington. The bill is opposed by Gov. Scott, although legislative leaders may have the votes to override an expected veto.

The Senate will be taking up H.289, which is the renewable energy bill, this week. The Public Service Dept. has expressed concern over the expected increase in costs to electric ratepayers, which are estimated to be between $150 and $450 million over the next 10 years.

Vermont Fuel Dealers have petitioned the Public Utility Commission to set a date the new clean heat standard would begin if given the green light by the legislature next January. Dealers indicate without knowing an effective date could limit their ability to offer pre-buy heating fuel options for next winter.

Jim Harrison is the state representative for Chittenden, Killington, Mendon, and Pittsfield. He can be reached at [email protected] or harrisonforvermont.com.

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