Vermont S. 60: An act relating to the repeal of 21 V.S.A. § 6

Bill Text

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No. 78. An act relating to establishing the Farm and Forestry Operations
Security Special Fund to provide payments for farm and forestry
operation losses due to weather conditions.
(S.60)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. FINDINGS
The General Assembly finds that:
(1) In 2023 and 2024, Vermont experienced extreme flooding and other
weather-based disasters that devastated farms and other working lands
businesses across the State.
(2) Many existing State and federal programs that are designed to
support farms and forestry operations are difficult to access, are
administratively burdensome, are not equitably distributed to small- and
medium-scale farmers and forestry operations, and currently do not meet the
needs of Vermont farmers and forestry operations in a holistic way.
(3) In particular, because federal crop insurance programs are not
designed to serve the needs of smaller scale or more diversified farming
operations, many Vermont farmers are not covered by crop insurance.
(4) The State should establish a permanent funding support program to:
(A) maintain the viability of farms and forestry operations in
Vermont in order to ensure food security, resilience, rural economic vitality,
and environmental health;

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(B) continuously invest in farms and forestry operations in a way that
makes them more resilient to current and future challenges; and
(C) provide a source of relief funds permanently available to farmers
and forestry operations impacted by weather-based emergencies.
Sec. 2. 6 V.S.A. chapter 207 is amended to read:
CHAPTER 207. PROMOTION AND, MARKETING, AND SUPPORT OF
VERMONT FARMS, FOODS, AND PRODUCTS
* * *
Subchapter 5. Farm and Forestry Operations Security Special Fund
§ 4641. DEFINITIONS
As used in this subchapter:
(1) “Eligible weather condition” means any of the following weather
conditions that are found to be closely correlated with agricultural or forest
operation income losses:
(A) high winds;
(B) excessive moisture, intense precipitation, or flooding;
(C) extreme heat;
(D) abnormal freeze conditions;
(E) a forest fire or wild fire event;
(F) hail;
(G) drought; or

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(H) any other severe weather or growing conditions impacting
agricultural or forestry operations income, as determined by the Review Board.
(2) “Farm” means a parcel or parcels of land owned, leased, or managed
by a person and devoted primarily to farming and that is subject to regulation
under the Required Agricultural Practices.
(3) “Farm and Forestry Operations Security Special Fund Review
Board” or “Review Board” means the Board established under section 4644 of
this title.
(4) “Farming” has the same meaning as in section 2.16 of the Required
Agricultural Practices.
(5) “Forestry operation” has the same meaning as in 10 V.S.A. § 2602.
§ 4642. FARM AND FORESTRY OPERATIONS SECURITY SPECIAL
FUND
(a) There is established the Farm and Forestry Operations Security Special
Fund to be administered by the Secretary of Agriculture, Food and Markets
and that shall be managed in accordance with 32 V.S.A. chapter 7, subchapter
5. The Fund shall consist of:
(1) funds transferred by the General Assembly;
(2) funds from public and private sources that the Secretary accepts for
the Fund; and
(3) funds from federal government aid for State support of farmers or
forestry operations suffering income loss due to weather conditions.

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(b) The Secretary of Agriculture, Food and Markets shall ensure language
accessibility of the Fund through procurement and provision of interpretation
and translation services.
(c) All balances in the Fund at the end of any fiscal year shall be carried
forward and remain part of the Fund.
§ 4643. FARM AND FORESTRY OPERATIONS SECURITY SPECIAL
FUND; PAYMENTS
(a) The Secretary, after consultation with the Review Board, shall award
payments from the Farm and Forestry Operations Security Special Fund to
persons owning farms and forestry operations that have incurred financial
losses or expenses due to an eligible weather condition.
(1) Payments from the Fund shall be in an amount that reimburses a
farm or forestry operation for up to 50 percent of the unreimbursed, uninsured,
or otherwise uncovered losses due to eligible weather conditions, up to a
maximum annual award of five percent of the undesignated and unreserved
funds in the Farm and Forestry Operations Security Special Fund at the
beginning of each fiscal year, provided that the award shall not exceed
$150,000.00 per qualified applicant farm or forestry operation per year.
(2) The Secretary may verify the occurrence of an eligible weather
condition claimed under this section through a site visit or through use of
available data from the National Oceanic and Atmospheric Administration,

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from other feder