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H.52 1
Introduced by Representatives Harrison of Chittenden, Lipsky of Stowe, and 2
Morris of Springfield 3
Referred to Committee on 4
Date: 5
Subject: Conservation and development; air pollution; climate change; Global 6
Warming Solutions Act 7
Statement of purpose of bill as introduced: This bill proposes to change the 8
greenhouse gas emission reduction requirements to goals. 9
An act relating to changing the greenhouse gas emission reduction 10
requirements to goals 11
It is hereby enacted by the General Assembly of the State of Vermont: 12
Sec. 1. 10 V.S.A. § 578 is amended to read: 13
§ 578. GREENHOUSE GAS REDUCTION REQUIREMENTS GOALS 14
(a) Greenhouse gas reduction requirements goals. It is the goal of Vermont 15
shall to reduce emissions of greenhouse gases from within the geographical 16
boundaries of the State and those emissions outside the boundaries of the State 17
that are caused by the use of energy in Vermont, as measured and inventoried 18
pursuant to section 582 of this title, by: 19
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(c) Implementation of State programs to reduce greenhouse gas emissions. 1
In order to facilitate the State’s compliance with the goals established in this 2
section, all State agencies shall consider, whenever practicable, any increase or 3
decrease in greenhouse gas emissions in their decision-making procedures with 4
respect to the purchase and use of equipment and goods; the siting, 5
construction, and maintenance of buildings; the assignment of personnel; and 6
the planning, design, and operation of programs, services, and infrastructure. 7
* * * 8
Sec. 2. 30 V.S.A. § 202a is amended to read: 9
§ 202a. STATE ENERGY POLICY 10
It is the general policy of the State of Vermont: 11
* * * 12
(3) To meet Vermont’s energy service needs in a manner that will 13
achieve the greenhouse gas emissions reductions requirements goals pursuant 14
to 10 V.S.A § 578 and is consistent with the Vermont Climate Action Plan 15
adopted and updated pursuant to 10 V.S.A. § 592. 16
Sec. 3. 30 V.S.A. § 202b is amended to read: 17
§ 202b. STATE COMPREHENSIVE ENERGY PLAN 18
(a) The Department of Public Service, in conjunction with other State 19
agencies designated by the Governor, shall prepare a State Comprehensive 20
Energy Plan covering at least a 20-year period. The Plan shall seek to 21 BILL AS INTRODUCED H.52
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implement the State energy policy set forth in section 202a of this title, 1
including meeting the State’s greenhouse gas emissions reductions 2
requirements goals pursuant to 10 V.S.A. § 578, and shall be consistent with 3
the relevant goals of 24 V.S.A. § 4302 and with the Vermont Climate Action 4
Plan adopted and updated pursuant to 10 V.S.A. § 592. The State 5
Comprehensive Energy Plan shall include: 6
* * * 7
Sec. 4. 10 V.S.A. § 591 is amended to read: 8
§ 591. VERMONT CLIMATE COUN CIL 9
* * * 10
(b) The Council shall: 11
(1) Identify, analyze, and evaluate strategies and programs to reduce 12
greenhouse gas emissions; achieve the State’s reduction requirements goals 13
pursuant to section 578 of this title; and build resilience to prepare the State’s 14
communities, infrastructure, and economy to adapt to the current and 15
anticipated effects of climate change, including: 16
* * * 17
(2) On or before December 1, 2021, adopt the Vermont Climate Action 18
Plan (Plan) and update the Plan on or before July 1 every four years thereafter. 19
The Plan shall set forth recommend the specific initiatives, programs, and 20
strategies that the State shall pursue consider implementing to reduce 21 BILL AS INTRODUCED H.52
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greenhouse gas emissions; achieve the State’s reduction requirements goals 1
pursuant to section 578 of this title; and build resilience to prepare the State’s 2
communities, infrastructure, and economy to adapt to the current and 3
anticipated effects of climate change. 4
(3) Identify the means to accurately measure: 5
(A) the State’s greenhouse gas emissions and progress towards 6
meeting the reduction requirements goals pursuant to section 578 of this title, 7
including publishing emissions data in a timely manner; 8
* * * 9
(4) Provide guidance to the Secretary of Natural Resources concerning 10
the form, content, and subject matter of rules to be adopted recommended for 11
adoption pursuant to section 593 of this chapter. 12
* * * 13
(i) On or before January 15, 2021 and every January 15 thereafter, the 14
Council shall submit a written report to the General Assembly concerning the 15
Council’s activities and the State’s progress towards meeting the greenhouse 16
gas reduction requirements goals pursuant to section 578 of this title. On or 17
before November 1, 2021 and every second November 1 thereafter, the 18
Director of Vermont Emergency Management shall file a report with the 19
Council concerning Vermont’s overall municipal resilience to increased 20
hazards presented by climate change that shall include hazard mitigation plans, 21 BILL AS INTRODUCED H.52
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local emergency management plans, and survey results as deemed appropriate 1
by the Director. Subsequent reports shall include updates to document 2
progress in local resilience. The report shall inform Council recommendations 3
on policies to address gaps in local resilience. 4
Sec. 5. 10 V.S.A. § 592 is amended to read: 5
§ 592. THE VERMONT CLIMATE ACTION PLAN 6
(a) On or before December 1, 2021, the Vermont Climate Council 7
(Council) shall adopt adopted the Vermont Climate Action Plan (Plan) and. 8
The Council shall update the Plan on or before July 1 every four years 9
thereafter. 10
(b) The Plan shall set forth recommend the specific initiatives, programs, 11
and strategies, including regulatory and legislative changes, necessary to 12
achieve the State’s greenhouse gas emissions reduction requirements goals 13
pursuant to section 578 of this title and build resilience to prepare the State’s 14
communities, infrastructure, and economy to adapt to the current and 15
anticipated effects of climate change. The Plan shall include specific 16
initiatives, programs, and strategies that will: 17
* * * 18
(e) The updated Plan shall form the basis for the rules adopted recommend 19
rules for consideration by the Secretary of Natural Resources pursuant to 20
section 593 of this chapter. If the Council fails to adopt the Plan or update the 21 BILL AS INTRODUCED H.52
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Plan as required by this chapter, the Secretary shall proceed with consider 1
adopting and implementing rules that in the Secretary’s discretion are cost 2
effective, practicable, and designed pursuant to subsection 593(j) of this 3
chapter to achieve the greenhouse gas emissions reductions requirements goals 4
pursuant to section 578 of this title. 5
Sec. 6. 10 V.S.A. § 593 is amended to read: 6
§ 593. RULES 7
(a) The Secretary of Natural Resources shall consider and adopt rules 8
pursuant to 3 V.S.A. chapter 25, which are in the Secretary’s discretion cost 9
effective, practicable, designed to achieve the greenhouse gas emissions 10
reductions requirements pursuant to section 578 of this title, and are consistent 11
with the Vermont Climate Action Plan (Plan). In adopting rules pursuant to 12
this section, the Secretary shall: 13
(1) Ensure that Consider whether the rules are consistent with the 14
specific initiatives, programs, and strategies set forth in the Plan and updates to 15
the Plan; follow consider the Vermont Climate Council’s guidance provided 16
pursuant to subdivision 591(b)(4) of this chapter; and further the objectives 17
pursuant to subsection 592(d) of this chapter. 18
(2) Develop a detailed record containing facts; data; and legal, scientific, 19
and technical information sufficient to establish a reasonable basis to believe 20
that the rules shall achieve the State’s greenhouse gas emissions reductions 21 BILL AS INTRODUCED H.52
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requirements goals pursuant to section 578 of this title. This detailed record 1
shall be included with the rule and filed with the Secretary of State pursuant to 2
3 V.S.A. § 838. 3
(b) On or before December 1, 2022, the Secretary shall adopt and 4
implement rules consistent with the specific initiatives, programs, and 5
strategies set forth in the Plan and achieve the 2025 greenhouse gas emissions 6
reduction requirement goal pursuant to section 578 of this title. 7
* * * 8
(d) The Secretary shall, on or before July 1, 2024, review and, if necessary, 9
update the rules required by subsection (b) of this section in order to ensure 10
that the 2025 greenhouse gas emissions reduction requirement goal pursuant to 11
section 578 of this title is achieved. In performing this review and update, the 12
Secretary shall observe the requirements of subsection (c) of this section. 13
(e) On or before July 1, 2026, the Secretary shall adopt and implement 14
rules consistent with the specific initiatives, programs, and strategies set forth 15
in the Plan and updates to the Plan and achieve the 2030 greenhouse gas 16
emissions reduction requirement goal pursuant to section 578 of this title. The 17
Secretary shall observe the requirements of subsection (c) of this section. 18
(f) The Secretary shall, at his or her the Secretary’s discretion, but not less 19
frequently than once every two years between 2026 and 2030, review and, if 20
necessary, update the rules required by subsection (e) of this section in order to 21 BILL AS INTRODUCED H.52
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ensure that the 2030 greenhouse gas emissions reduction requirement goal 1
pursuant to section 578 of this title is achieved. In performing this review and 2
update, the Secretary shall observe the requirements of subsection (c) of this 3
section. 4
(g) On or before July 1, 2040, the Secretary shall adopt and implement 5
rules consistent with the specific initiatives, programs, and strategies set forth 6
in the Plan and updates to the Plan and achieve the 2050 greenhouse gas 7
emissions reduction requirement goal pursuant to section 578 of this title. 8
(h) The Secretary shall, at his or her the Secretary’s discretion, but not less 9
frequently than once every two years between 2040 and 2050, review and, if 10
necessary, update the rules required by subsection (g) of this section in order to 11
ensure that the 2050 greenhouse gas emissions reduction requirement goal 12
pursuant to section 578 of this title is achieved. In performing this review and 13
update, the Secretary shall observe the requirements of subsection (c) of this 14
section. 15
* * * 16
(j) If the Council fails to adopt the Plan or update the Plan as required by 17
section 592 of this chapter, the Secretary shall adopt and implement rules 18
pursuant to 3 V.S.A. chapter 25 to achieve the greenhouse gas emissions 19
reductions requirements goals pursuant to section 578 of this title. 20
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Sec. 7. REPEAL 1
10 V.S.A. § 594 (cause of action) is repealed. 2
Sec. 8. EFFECTIVE DATE 3
This act shall take effect on passage. 4