Vermont H 820: An act relating to the creation of the Vermont State Building Security Board

Bill Text

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H.820 1
Introduced by Representatives Mihaly of Calais, Bartley of Fairfax, Chapin of 2
East Montpelier, and Krasnow of South Burlington 3
Referred to Committee on 4
Date: 5
Subject: Conservation and development; land use; Act 250; appeals; 6
Environmental Division of the Superior Court 7
Statement of purpose of bill as introduced: This bill proposes to transfer the 8
authority of the Environmental Division of the Superior Court to hear appeals 9
and enforcement cases related to State environmental permits to the Land Use 10
Review Board and the Secretary of Natural Resources. 11
An act relating to environmental appeals and enforcement cases 12
It is hereby enacted by the General Assembly of the State of Vermont: 13
* * * Environmental Appeals * * * 14
Sec. 1. 10 V.S.A. chapter 220 is amended to read: 15
CHAPTER 220. CONSOLIDATED ENVIRONMENTAL APPEALS 16
§ 8501. PURPOSE 17
It is the purpose of this chapter to: 18
* * * 19

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(3) encourage people to get involved in the Act 250 permitting process 1
at the initial stages of review by a District Commission by requiring 2
participation as a prerequisite for an appeal of a District Commission decision 3
to the Environmental Division Land Use Review Board; 4
* * * 5
§ 8502. DEFINITIONS 6
As used in this chapter: 7
* * * 8
(3) “Environmental Court” or “Environmental Division” means the 9
Environmental Division of the Superior Court established by 4 V.S.A. § 30. 10
[Repealed.] 11
* * * 12
(7) “Person aggrieved” means a person who alleges an injury to a 13
particularized interest protected by the provisions of law listed in section 8503 14
of this title, attributable to an act or decision by a district coordinator, District 15
Commission, the Secretary, or the Environmental Division stemming from a 16
decision that can be redressed by the Environmental Division or the Supreme 17
Court Board or Secretary. For purposes of appeals pursuant to 24 V.S.A. 18
chapter 117, the injury alleged shall be to a particularized interest protected by 19
24 V.S.A. § 4302(c). 20
* * * 21

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(9) “Record” means a good faith compilation of all the materials and 1
testimony presented to, or considered by, a District Commission or appropriate 2
municipal panel that has been appealed to the Board, including the application, 3
recordings of testimony, transcripts, reports, exhibits, plans, schematics, 4
drawings, and any other such information as well as any written materials 5
including memoranda, written communications, responses, reports, and 6
decisions issued by the District Commission or appropriate municipal panel. 7
(10) “Administrative record” means all materials the Agency of Natural 8
Resources relied on or considered or that formed the foundation for its final 9
action and not otherwise exempt from disclosure under the Vermont Public 10
Records Act including the following: 11
(A) all application materials; 12
(B) all staff reports and related documents prepared by the Agency 13
with respect to compliance with substantive and procedural requirements of the 14
relevant statutory and regulatory requirements with respect to the action being 15
appealed, including public notices, inspection reports, correspondence, 16
memoranda, environmental reviews, scientific studies, and compilations of 17
data relied upon by the Agency staff in making recommendations or decisions 18
as well as any decision documents; 19
(C) all written comments, including maps, drawings, schematics, and 20
any exhibits and attachments, provided to the Agency by any person or entity 21

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including other federal and State agencies, local governments, regional 1
planning commissions, the applicant, or an entity subject to enforcement 2
relating to the action being appealed; and 3
(D) all transcripts of proceedings with information considered by the 4
Agency in reaching its decision in the action being appealed. 5
§ 8503. APPLICABILITY 6
* * * 7
(d) This chapter shall govern all appeals from an act or decision of the 8
Environmental Division Land Use Review Board or Secretary under this 9
chapter. 10
* * * 11
§ 8504. APPEALS TO THE ENVIRONMENTAL DIVISION BOARD OR 12
SECRETARY 13
(a) Act 250 and Agency appeals. Within 30 days of following the date of 14
the act or decision, any person aggrieved by an act or decision of the Secretary, 15
a District Commission, or a district coordinator under the provisions of law 16
listed in section 8503 of this title, or any party by right, may appeal to the 17
Environmental Division, except for an act or decision of the Secretary under 18
subdivision 6086b(3)(E) of this title or governed by section 8506 of this title 19
Board. 20

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(b) Agency appeals. Within 30 days following the