Vermont S 102: An act relating to the evaluation of the carbon impact on business tax credits in Vermont

Bill Text

BILL AS INTRODUCED S.102
2025 Page 1 of 94

VT LEG #380409 v.2
S.102 1
Introduced by Senator Beck 2
Referred to Committee on 3
Date: 4
Subject: Conservation and development; land use; Act 250; regional planning; 5
housing; tax increment financing 6
Statement of purpose of bill as introduced: This bill proposes to make multiple 7
changes related to housing, including changes to land use planning, Act 250, 8
municipal and regional planning, housing programs, and tax increment 9
financing. 10
An act relating to land use and housing development 11
It is hereby enacted by the General Assembly of the State of Vermont: 12
* * * Road Rule * * * 13
Sec. 1. 10 V.S.A. § 6001 is amended to read: 14
§ 6001. DEFINITIONS 15
As used in this chapter: 16
* * * 17
(3)(A) “Development” means each of the following: 18
* * * 19

BILL AS INTRODUCED S.102
2025 Page 2 of 94

VT LEG #380409 v.2
(xii) The construction of a road or roads and any associated 1
driveways to provide access to or within a tract of land owned or controlled by 2
a person. For the purposes of determining jurisdiction under this subdivision, 3
any new development or subdivision on a parcel of land that will be provided 4
access by the road and associated driveways is land involved in the 5
construction of the road. 6
(I) Jurisdiction under this subdivision shall not apply unless the 7
length of any single road is greater than 800 feet, or the length of all roads and 8
any associated driveways in combination is greater than 2,000 feet. 9
(II) As used in this subdivision (xii), “roads” include any new 10
road or improvement to a class 4 town highway by a person other than a 11
municipality, including roads that will be transferred to or maintained by a 12
municipality after their construction or improvement. Routine maintenance 13
and minor repairs of a Class 4 highway shall not constitute an “improvement.” 14
Routine maintenance shall include replacing a culvert or ditch, applying new 15
stone, grading, or making repairs after adverse weather. Routine maintenance 16
shall not include changing the size of the road, changing the location or layout 17
of the road, or adding pavement. 18
(III) For the purpose of determining the length of any road and 19
associated driveways, the length of all other roads and driveways within the 20
tract of land constructed after July 1, 2026 shall be included. 21

BILL AS INTRODUCED S.102
2025 Page 3 of 94

VT LEG #380409 v.2
(IV) This subdivision (xii) shall not apply to: 1
(aa) a State or municipal road, a utility corridor of an 2
electric transmission or distribution company, or a road used primarily for 3
farming or forestry purposes; 4
(bb) development within a Tier 1A area established in 5
accordance with section 6034 of this title or a Tier 1B area established in 6
accordance with section 6033 of this title; and 7
(cc) improvements underway when this section takes effect 8
to a Class 4 highway that will be transferred to the municipality. 9
(V) The conversion of a road used for farming or forestry 10
purposes that also meets the requirements of this subdivision (xii) shall 11
constitute development. 12
(VI) The intent of this subdivision (xii) is to encourage the 13
design of clustered subdivisions and development that does not fragment Tier 2 14
areas or Tier 3 areas. 15
(xiii) The construction of improvements for commercial, 16
industrial, or residential purposes in a Tier 3 area as determined by rules 17
adopted by the Board. 18
* * * 19
(D) The word “development” does not include: 20
* * * 21

BILL AS INTRODUCED S.102
2025 Page 4 of 94

VT LEG #380409 v.2
(viii)(I) The construction of a priority housing project in a 1
municipality with a population of 10,000 or more. 2
(II) If the construction of a priority housing project in this 3
subdivision (3)(D)(viii) involves demolition of one or more buildings that are 4
listed or eligible to be listed on the State or National Register of Historic 5
Places, this exemption shall not apply unless the Division for Historic 6
Preservation has made the determination described in subdivision (A)(iv)(I)(ff) 7
of this subdivision (3) and any imposed conditions are enforceable in the 8
manner set forth in that subdivision. 9
(III) Notwithstanding any other provision of law to the 10
contrary, and in addition to the provisions exemption subsection 6081(p) of 11
this chapter, until January July 1, 2027 2035, the construction of a priority 12
housing project or related subdivision located entirely within areas of a 13
designated downtown development district, designated neighborhood 14
development area, or a designated growth center or within one-half mile 15
around such designated center with permanent zoning and subdivision bylaws 16
served by public sewer or water services or soils that are adequate for 17
wastewater disposal or extending to the terminus of the areas served by public 18
sewer or water services if beyond the one-half mile area. Construction must be 19
substantially comple