Vermont H 677: An act relating to Vermont’s income tax deduction for medical expenses

Bill Text

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VT LEG #385284 v.3
H.677 1
Introduced by Representatives Burtt of Cabot, Branagan of Georgia, 2
Dobrovich of Williamstown, Higley of Lowell, Labor of 3
Morgan, Laroche of Franklin, Morgan, L. of Milton, Nelson of 4
Derby, North of Ferrisburgh, O’Brien of Tunbridge, Page of 5
Newport City, Pritchard of Pawlet, and Tagliavia of Corinth 6
Referred to Committee on 7
Date: 8
Subject: Public service; energy; solar energy; primary agricultural soils 9
Statement of purpose of bill as introduced: This bill proposes to require that as 10
part of electric generation facility siting cases before the Public Utility 11
Commission, the Agency of Agriculture, Food and Markets be a required 12
party; require information on secondary and local importance agricultural soils; 13
and find that preclusion of farming on more than five acres will be an undue 14
burden. 15
An act relating to primary, secondary, and local importance agricultural 16
soils and solar energy generation 17
It is hereby enacted by the General Assembly of the State of Vermont: 18
Sec. 1. 30 V.S.A. § 248 is amended to read: 19

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VT LEG #385284 v.3
§ 248. NEW GAS AND ELECTRIC PURCHASES, INVESTMENTS, AND 1
FACILITIES; CERTIFICATE OF PUBLIC GOOD 2
(a)(1) No company, as defined in section 201 of this subchapter, may: 3
* * * 4
(4)(A) With respect to a facility located in the State, in response to a 5
request from one or more members of the public or a party, the Public Utility 6
Commission shall hold a nonevidentiary public hearing on a petition for such 7
finding and certificate. The public hearing shall either be remotely accessible 8
or held in at least one county in which any portion of the construction of the 9
facility is proposed to be located, or both. The Commission in its discretion 10
may hold a nonevidentiary public hearing in the absence of any request from a 11
member of the public or a party. From the comments made at a public hearing, 12
the Commission shall derive areas of inquiry that are relevant to the findings to 13
be made under this section and shall address each such area in its decision. 14
Prior to making findings, if the record does not contain evidence on such an 15
area, the Commission shall direct the parties to provide evidence on the area. 16
This subdivision (4) does not require the Commission to respond to each 17
individual comment. 18
* * * 19
(E) The Agency of Natural Resources and the Agency of Agriculture, 20
Food and Markets shall appear as a party parties in any proceedings held under 21

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this subsection (a), shall provide evidence and recommendations concerning 1
any findings to be made under subdivision (b)(5) of this section, and may 2
provide evidence and recommendations concerning any other matters to be 3
determined by the Commission in such a proceeding. 4
(F) The following shall apply to the participation of the Agency of 5
Agriculture, Food and Markets in proceedings held under this subsection (a): 6
(i) In any proceeding regarding an electric generation facility that 7
will have a capacity greater than 500 kilowatts or an energy storage facility 8
that will have a capacity greater than 1 megawatt and will be sited on a tract 9
containing primary agricultural soils as defined in 10 V.S.A. § 6001, the 10
Agency shall appear as a party and provide evidence and recommendations 11
concerning any findings to be made under subdivision (b)(5) of this section on 12
those soils and may provide evidence and recommendations concerning any 13
other matters to be determined by the Commission in such a proceeding. 14
(ii) In a proceeding other than one described in subdivision (i) of 15
this subdivision (4)(F), the Agency shall have the right to appear and 16
participate. 17
* * * 18
(J) This subdivision (J) applies to an application for an electric 19
generation facility with a capacity that is greater than 50 kilowatts and to an 20
application for an energy storage facility that is greater than 1 megawatt, unless 21

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VT LEG #385284 v.3
the facility is located on a new or existing structure the primary purpose of 1
which is not the generation of electricity. In addition to any other information 2
required by the Commission, the application for such a facility shall include 3
information that delineates: 4
(i) the full limits of physical disturbance due to the construction 5
and operation of the facility and related infrastructure, including areas 6
disturbed due to the creation or modification of access roads and utility lines 7
and the clearing or management of vegetation; 8
(ii) the presence and total acreage of primary, secondary, and local 9
importance agricultural soils as defined in 10 V.S.A. § 6001 and by the Natural 10
Resources Conservation Service on each tract to be physically disturbed in 11
connection with the construction an