Vermont H 394: An act relating to clarifying the municipal zoning authority over group homes

Bill Text

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H.394 1
Introduced by Representative Sheldon of Middlebury 2
Referred to Committee on 3
Date: 4
Subject: Public service; energy; renewable energy; solar energy 5
Statement of purpose of bill as introduced: This bill proposes to require 6
compliance with Vermont Conservation Design as part of enhanced energy 7
planning; it would limit the scope of the Public Utility Commission’s review of 8
electric distribution upgrades to stability, reliability, and public health and 9
safety; and it would create a Public Energy Advocate to assist applicants for 10
energy generation facilities. 11
An act relating to renewable energy generation 12
It is hereby enacted by the General Assembly of the State of Vermont: 13
Sec. 1. 24 V.S.A. § 4352 is amended to read: 14
§ 4352. OPTIONAL DETERMINATION OF ENERGY COMPLIANCE; 15
ENHANCED ENERGY PLANNING 16
* * * 17
(c) Enhanced energy planning; requirements. To obtain an affirmative 18
determination of energy compliance under this section, a plan must: 19

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(1) in the case of a regional plan, include the energy element as 1
described in subdivision 4348a(a)(3) of this title; 2
(2) in the case of a municipal plan, include an energy element that has 3
the same components as described in subdivision 4348a(a)(3) of this title for a 4
regional plan and be confirmed under section 4350 of this title; 5
(3) be consistent with the following, with consistency determined in the 6
manner described under subdivision 4302(f)(1) of this title: 7
(A) Vermont’s greenhouse gas reduction goals requirements under 10 8
V.S.A. § 578(a); 9
(B) Vermont’s 25 by 25 goal for renewable energy under 10 V.S.A. 10
§ 580; 11
(C) Vermont’s building efficiency goals under 10 V.S.A. § 581; 12
(D) State energy policy under 30 V.S.A. § 202a and the 13
recommendations for regional and municipal energy planning pertaining to the 14
efficient use of energy and the siting and development of renewable energy 15
resources contained in the State energy plans adopted pursuant to 30 V.S.A. 16
§§ 202 and 202b; and 17
(E) the distributed renewable generation and energy transformation 18
categories of resources to meet the requirements of the Renewable Energy 19
Standard under 30 V.S.A. §§ 8004 and 8005; and 20
(F) Vermont Conservation Design; and 21

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(4) meet the standards for issuing a determination of energy compliance 1
included in the State energy plans. 2
* * * 3
Sec. 2. 30 V.S.A. § 8010 is amended to read: 4
§ 8010. SELF-GENERATION AND NET METERING 5
* * * 6
(c) In accordance with this section, the Commission shall adopt and 7
implement rules that govern the installation and operation of net metering 8
systems. 9
(1) The rules shall establish and maintain a net metering program that: 10
(A) advances the goals and total renewables targets of this chapter 11
and the goals of 10 V.S.A. § 578 (greenhouse gas reduction) and is consistent 12
with the criteria of subsection 248(b) of this title; 13
(B) achieves a level of deployment of no less than 20 MW per year 14
and that is consistent with the recommendations of the Electrical Energy and 15
Comprehensive Energy Plans under sections 202 and 202b of this title, unless 16
the Commission determines that this level is inconsistent with the goals and 17
targets identified in subdivision (1)(A) of this subsection (c). Under this 18
subdivision (B), the Commission shall consider the Plans most recently issued 19
at the time the Commission adopts or amends the rules; 20
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(3) The rules shall establish standards and procedures governing 1
application for and issuance or revocation of a certificate of public good for net 2
metering systems under the provisions of section 248 of this title. In 3
establishing these standards and procedures: 4
* * * 5
(F) This subdivision (F) applies to an application for a net metering 6
system with a capacity that is greater than 15 25 kilowatts, unless the system is 7
located on a new or existing structure the primary purpose of which is not the 8
generation of electricity. With respect to such a system, the rules shall not 9
waive or include provisions that are less stringent than each of the following: 10
(i) the requirement of subdivision 248(a)(4)(C) of this title to 11
provide a copy of the application to the Agencies of Agriculture, Food and 12
Markets and of Natural Resources; the Department of Public Service; the 13
Division for Historic Preservation; the municipal legislative body; and the 14
municipal and regional planning commissions; and 15
(ii) the requirements of subsection 248(f) (preapplication 16
submittal) of this title. 17
* * * 18
Sec. 3. 30 V.S.A. § 8002 (18) is amended to read: 19
(18) “Plant” means an independent technical facility that generates 20
electricity from renewable ener