Vermont S 79: An act relating to miscellaneous housing issues

Bill Text

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VT LEG #380813 v.1
S.79 1
Introduced by Senators Douglass, Beck, Collamore, Cummings, Gulick, 2
Harrison, Hart, Heffernan, Ingalls, Lyons, Major, Plunkett and 3
Williams 4
Referred to Committee on 5
Date: 6
Subject: Conservation and development; real property; trail use; compensation 7
Statement of purpose of bill as introduced: This bill proposes to establish the 8
Recreational Trails Compensation Study Committee to review and recommend 9
to the General Assembly whether real property owners who allow use of their 10
property for public recreational trails should receive compensation or other 11
benefit. 12
An act relating to establishing the Recreational Trails Compensation Study 13
Committee 14
It is hereby enacted by the General Assembly of the State of Vermont: 15
Sec. 1. RECREATIONAL TRAILS COMPENSATION STUDY 16
COMMITTEE; REPORT 17
(a) Creation. There is created the Recreational Trails Compensation Study 18
Committee to review whether real property owners who allow use of their 19

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property for public recreational trails should receive compensation or other 1
benefit. 2
(b) Membership. 3
(1) The Recreational Trails Compensation Study Committee shall be 4
composed of the following members: 5
(A) the Commissioner of Forests, Parks and Recreation or designee; 6
(B) the Commissioner of Taxes or designee; 7
(C) a representative of the Vermont Trails and Greenways Council, 8
appointed by the Governor; 9
(D) a representative of the Vermont Outdoor Recreation Economic 10
Collaborative, appointed by the Speaker of the House; 11
(E) a representative of a land conservation organization, appointed by 12
the Committee on Committees; 13
(F) a private landowner who has a conservation easement that 14
includes recreation, appointed by the Governor; 15
(G) a private landowner who does not have a conservation easement 16
on the land and currently provides public access, appointed by the Speaker of 17
the House; 18
(H) a representative who has expertise in trail planning, design, 19
building, and maintenance, appointed by the Committee on Committees; and 20

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(I) a representative of the Vermont League of Cities and Towns, 1
appointed by the Governor. 2
(2) The Study Committee may invite other entities to participate in the 3
conduct of the study as nonvoting participants. 4
(c) Powers and duties. The Recreational Trails Compensation Study 5
Committee shall: 6
(1) review how private property currently is made available for use by 7
public recreational trails; 8
(2) summarize the costs and liabilities that private property owners incur 9
when private property is used by public recreational trails; 10
(3) assess available economic data and other relevant available data or 11
analysis and conduct further necessary economic analysis to determine the 12
value that recreational trail access provides to the State and to local economies; 13
(4) investigate whether and how private property owners in other 14
jurisdictions are compensated for allowing use of property for public 15
recreational trails or other public outdoor recreation; 16
(5) recommend to the General Assembly whether real property owners 17
who allow use of their property for public recreational trails should receive 18
compensation or other benefit and, if so, the source of the compensation or 19
other benefit; 20

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(6) how to ensure trail siting, design, construction, and management 1
meet minimum standards; and 2
(7) how to ensure that new trail development is established based on the 3
merit of the opportunity being created in comparison to any incentive provided 4
to a private landowner. 5
(d) Assistance. The Recreational Trails Compensation Study Committee 6
shall have the administrative, technical, and legal assistance of the Department 7
of Forests, Parks and Recreation. 8
(e) Report. On or before December 15, 2026, the Recreational Trails 9
Compensation Study Committee shall submit a written report to the General 10
Assembly with its findings and any recommendations for legislative action. 11
(f) Meetings. 12
(1) The Commissioner of Forests, Parks and Recreation or designee 13
shall call the first meeting of the Recreational Trails Compensation Study 14
Committee to occur on or before September 15, 2025. 15
(2) The Commissioner of Forests, Parks and Recreation or designee 16
shall be the chair of the Study Committee. 17
(3) A majority of the membership shall constitute a quorum. 18
(4) The Committee shall cease to exist on March 1, 2027. 19
(g) Compensation and reimbursement. Members of the Committee shall be 20
entitled to per diem compensation and reimbursement of expenses as permitted 21

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under 32 V.S.A. § 1010 for not more than six meetings. These payments shall 1
be made