Vermont 2025-2026 Regular Session

Vermont Senate Bill S0038 Compare Versions

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11 BILL AS INTRODUCED S.38
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66 S.38 1
77 Introduced by Senator White 2
88 Referred to Committee on 3
99 Date: 4
1010 Subject: Conservation and development; wildlife conservation; habitat 5
1111 corridors; wildlife crossings 6
1212 Statement of purpose of bill as introduced: This bill proposes to require the 7
1313 Secretary of Natural Resources to establish a program to fund the creation and 8
1414 maintenance of habitat corridors and wildlife crossings in the State. 9
1515 An act relating to conserving habitat corridors and wildlife crossings 10
1616 It is hereby enacted by the General Assembly of the State of Vermont: 11
1717 Sec. 1. SHORT TITLE 12
1818 This act may be cited as the “Habitat Corridor Conservation Stamp Act.” 13
1919 Sec. 2. FINDINGS 14
2020 The General Assembly finds that: 15
2121 (1) Nature faces a catastrophic loss of biodiversity, both locally and 16
2222 globally. 17
2323 (2) In addition to the value it has for its own sake, biodiversity is 18
2424 essential to human survival. 19 BILL AS INTRODUCED S.38
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2929 (3) The 2017 Vermont Forest Action Plan found that fragmentation and 1
3030 parcelization represent major threats to forest health and productivity and 2
3131 exacerbate the impacts of climate change. 3
3232 (4) The 2021 Vermont Climate Assessment highlights an increase in 4
3333 extreme weather events such as droughts and floods as a significant impact of 5
3434 climate change in Vermont and recommends nature-based solutions as a 6
3535 proven, low-cost strategy for climate adaptation and resilience. 7
3636 (5) The initial Vermont Climate Action Plan calls for investing in 8
3737 strategic conservation to increase the pace of permanent conservation towards 9
3838 30 by 30 targets, with Vermont Conservation Design guiding prioritization of 10
3939 efforts. 11
4040 (6) The Nature Conservancy has developed the Resilient and Connected 12
4141 Landscapes project and found that Vermont plays a key role in the 13
4242 conservation of biodiversity regionally. 14
4343 (7) The Staying Connected Initiative is an international partnership of 15
4444 public and private organizations. Its goal is to maintain, enhance, and restore 16
4545 landscape connectivity for wide-ranging mammals across the Northern 17
4646 Appalachians-Acadian region, from the Adirondack Mountains to the Maritime 18
4747 Provinces. The Staying Connected Initiative has identified nine linkages 19
4848 across this vast region that are extremely important to wildlife. Six of these 20
4949 linkages lie within Vermont. 21 BILL AS INTRODUCED S.38
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5454 (8) Vermont’s most effective and efficient contribution to conserving 1
5555 biological diversity and maintaining a landscape resilient to climate change is, 2
5656 first, to conserve an intact and connected landscape and, second, to create and 3
5757 protect connections in the landscape. 4
5858 (9) Given the threats of biodiversity loss, landscape fragmentation, and 5
5959 climate change, the General Assembly should conserve lands in the State to 6
6060 increase landscape connectivity. 7
6161 Sec. 3. 10 V.S.A. chapter 104 is added to read: 8
6262 CHAPTER 104. HABITAT CORRIDOR CONSERVATION 9
6363 § 4201. DEFINITIONS 10
6464 As used in this chapter: 11
6565 (1) “Amenable land” means an area of land that the State may acquire 12
6666 and use for habitat corridors or wildlife crossings. 13
6767 (2) “Habitat corridor” means an area of land, including wildlife 14
6868 crossings, that connect at least two habitats, including land meant to facilitate 15
6969 the movement of wildlife or designated to connect wildlife habitats. 16
7070 (3) “Secretary” means the Secretary of Natural Resources. 17
7171 (4) “Take” means: 18
7272 (A) pursuing, shooting, hunting, killing, capturing, trapping, harming, 19
7373 snaring, or netting wildlife; 20 BILL AS INTRODUCED S.38
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7878 (B) an act intended to create a risk of injury to wildlife, whether or 1
7979 not injury occurs, including harassing; wounding; or placing, setting, drawing, 2
8080 or using any net or other device used to take wildlife; or 3
8181 (C) attempting to engage in or assisting another to engage in an act 4
8282 set forth under subdivision (A) or (B) of this subdivision (4). 5
8383 (5) “Wildlife” means all living sentient creatures, including fishes, 6
8484 amphibians, reptiles, and insects, that are not human beings and are not 7
8585 domestic animals, domestic fowl, or domestic pets. 8
8686 (6) “Wildlife crossing” means infrastructure that connects two or more 9
8787 wildlife habitats, including infrastructure meant to: 10
8888 (A) facilitate the safe movement of wildlife over or beneath roads, 11
8989 waters, and other barriers to wildlife movement; 12
9090 (B) connect wildlife habitats; 13
9191 (C) reduce wildlife-vehicle collisions; 14
9292 (D) reduce the likelihood of injuries and mortalities to humans and 15
9393 wildlife from wildlife-vehicle collisions; or 16
9494 (E) reduce the potential for damage to motor vehicles from wildlife-17
9595 vehicle collisions. 18
9696 § 4202. CONSERVATION VISION AND GOAL 19
9797 (a) The vision of the State of Vermont is to maintain an ecologically 20
9898 functional landscape that sustains biodiversity, facilitates wildlife’s migratory 21 BILL AS INTRODUCED S.38
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103103 behaviors, encourages landscape connectivity, reduces wildlife-vehicle 1
104104 collisions, and promotes climate resiliency. 2
105105 (b) It is the goal of the State to increase landscape connectivity. Increases 3
106106 in landscape connectivity under this chapter may qualify as ecological reserve 4
107107 areas, biodiversity conservation areas, or natural resource management areas as 5
108108 defined under section 2801 of this title to satisfy the goal of the State under 6
109109 section 2802 of this title. The Secretary of Natural Resources shall lead the 7
110110 efforts in achieving this goal. The land conserved shall include State, federal, 8
111111 municipal, and private land acquired by donation, assignment, lease, fee 9
112112 purchase, conservation easement, or other means of transfer. 10
113113 § 4203. AMENABLE LAND INVENTORY 11
114114 (a) The Secretary, in consultation with the Secretary of Transportation 12
115115 where appropriate, shall conduct and create an inventory of Vermont’s 13
116116 amenable lands to serve as the basis of meeting the conservation goals of 14
117117 Vermont Conservation Design and to meet the goal established in section 4202 15
118118 of this title. The inventory shall be submitted for review to the House 16
119119 Committees on Environment; on Agriculture, Food Resiliency, and Forestry; 17
120120 and on Transportation and the Senate Committees on Natural Resources and 18
121121 Energy, on Agriculture, and on Transportation. 19
122122 (b) The inventory shall include: 20 BILL AS INTRODUCED S.38
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127127 (1) an assessment of how State lands will be used to increase landscape 1
128128 connectivity, including habitat corridors and wildlife crossings; 2
129129 (2) the implementation methods that could be utilized for achieving the 3
130130 goals of this chapter using Vermont Conservation Design as a guide; 4
131131 (3) a review of how aquatic systems are currently conserved or 5
132132 otherwise protected in the State, including a description of the benefits land 6
133133 conservation provides for aquatic systems, whether this is sufficient to 7
134134 maintain aquatic system functions and services, and how the implementation 8
135135 methods for achieving the goals of this chapter using Vermont Conservation 9
136136 Design as a guide would include specific strategies for protecting aquatic 10
137137 system health; 11
138138 (4) an assessment of existing funding sources that will be needed for 12
139139 acquisition of land, purchase, stewardship of conservation easements, staffing 13
140140 capacity, and long-term stewardship of habitat corridors and wildlife crossings 14
141141 acquired under this chapter; and 15
142142 (5) an assessment of which lands may be acquired under this chapter for 16
143143 habitat corridors and wildlife crossings, including lands acquired by donation, 17
144144 assignment, lease, fee purchase, conservation easement, or other means of 18
145145 transfer. 19
146146 (c) The Secretary shall update the amenable land inventory required under 20
147147 subsection (a) of this section biennially on or before January 15 of the relevant 21 BILL AS INTRODUCED S.38
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152152 year to track progress toward meeting the vision and goals of this title. The 1
153153 Secretary shall submit a report to the House Committee on Environment and 2
154154 the Senate Committee on Natural Resources and Energy regarding each 3
155155 biennial update. 4
156156 § 4204. CONSERVATION PLAN 5
157157 (a) On or before December 31, 2028, the Secretary, in consultation with the 6
158158 Agency of Transportation, shall develop a draft plan to implement the 7
159159 conservation goals of Vermont Conservation Design and to meet the vision and 8
160160 goal established in section 4202 of this title. The plan shall be submitted for 9
161161 review to the House Committee on Environment and the Senate Committee on 10
162162 Natural Resources and Energy. 11
163163 (b) The plan shall include: 12
164164 (1) strategies for achieving the vision and goal of section 4202 of this 13
165165 title, including identification of wildlife in need of protection and information 14
166166 on their population distributions, habitat requirements, existing infrastructure 15
167167 facilitating wildlife’s movement, limiting factors, and other pertinent 16
168168 biological and ecological data on wildlife in need of protection; 17
169169 (2) estimates of resources available for these strategies; 18
170170 (3) plans for research and public education about landscape 19
171171 connectivity, including habitat corridors and wildlife crossings; 20 BILL AS INTRODUCED S.38
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176176 (4) a strategy for achieving the vision and goal of section 4202 of this 1
177177 title while continuing to conserve and protect Vermont’s agricultural land, 2
178178 working forests, historic properties, recreational lands, and surface waters; 3
179179 (5) the implementation methods for achieving the vision and goal of this 4
180180 chapter using Vermont Conservation Design as a guide; and 5
181181 (6) recommendations to implement the vision and goal of this chapter 6
182182 while also enhancing the State of Vermont’s current investments and 7
183183 commitments to working lands enterprises, rural landowners, and the broad 8
184184 conservation mission implemented by the Secretary, including conservation of 9
185185 agricultural land, working forests, historic properties, recreational lands, and 10
186186 surface waters. 11
187187 (c) In developing the plan, the Secretary, in consultation with the Secretary 12
188188 of Transportation, shall hold 12 or more public meetings on the draft plan 13
189189 between July 1, 2026 and December 31, 2027 to solicit input from 14
190190 stakeholders. Stakeholders shall include private owners of forestlands and 15
191191 agricultural lands, land trusts, animal advocacy organizations, conservation 16
192192 organizations, environmental organizations, working lands enterprises, outdoor 17
193193 recreation groups and municipalities, regional planning commissions, 18
194194 conservation commissions, and relevant State and federal agencies. At least 19
195195 three of the meetings shall be designed to solicit comments from the general 20
196196 public. 21 BILL AS INTRODUCED S.38
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201201 § 4205. HABITAT CORRIDOR CONSERVATION SPECIAL FUND 1
202202 (a)(1) The Habitat Corridor Conservation Special Fund is established 2
203203 pursuant to 32 V.S.A. chapter 7, subchapter 5 to fund increased landscape 3
204204 connectivity in the State consistent with the conservation plan established 4
205205 under section 4204 of this title. The Fund shall be administered by the 5
206206 Secretary and shall consist of: 6
207207 (A) revenue from the sale of Habitat Corridor Conservation Stamps 7
208208 as provided for under section 4206 of this title; 8
209209 (B) funds appropriated by the General Assembly; 9
210210 (C) funds from public and private sources that the Secretary accepts 10
211211 for the Fund; 11
212212 (D) funds from federal government aid for State activities in 12
213213 conservation, landscape connectivity, habitat corridors, or wildlife crossings; 13
214214 and 14
215215 (E) all interest earned on Fund balances. 15
216216 (2) Amounts in the account shall carry over from year to year. 16
217217 (b) The Secretary shall make expenditures from the Fund solely for 17
218218 programs identified in the conservation plan established under section 4204 of 18
219219 this title for the purposes of increasing landscape connectivity, including 19
220220 through the development and maintenance of habitat corridors and wildlife 20
221221 crossings. Expenditures consistent with the purposes of the plan may be made 21 BILL AS INTRODUCED S.38
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226226 under the terms of contracts with private organizations and groups. 1
227227 Expenditures shall not exceed the monies available in the Fund. 2
228228 (c) The Secretary may take appropriate actions to encourage taxpayers to 3
229229 make contributions to the Habitat Corridor Conservation Special Fund, 4
230230 including explaining the purposes of the Fund and the uses to which the Fund 5
231231 has been or will be applied. The Secretary may solicit federal funds, grants, 6
232232 and private contributions directed toward landscape connectivity. Any money 7
233233 received by the Secretary from federal funds, grants, and private contributions 8
234234 directed toward landscape connectivity shall be deposited in the Habitat 9
235235 Corridor Conservation Special Fund. 10
236236 § 4206. HABITAT CORRIDOR CONSERVATION STAMP 11
237237 (a) The Secretary shall be responsible for the contest, production, 12
238238 procurement, distribution, and sale of the Habitat Corridor Conservation Stamp 13
239239 and all marketable stamp by-products such as posters, artwork, calendars, and 14
240240 other items. For the purposes of the contest, the Secretary may cooperate with 15
241241 any reputable association, organization, or agency, and the Secretary may 16
242242 designate any person found by the Secretary to be competent to facilitate such 17
243243 contest. 18
244244 (b) Habitat Corridor Conservation Stamps shall be sold at the direction of 19
245245 the Secretary for a fee of $20.00. The Secretary shall deposit all revenue from 20 BILL AS INTRODUCED S.38
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250250 the sale of Habitat Corridor Conservation Stamps in the Habitat Corridor 1
251251 Conservation Special Fund. 2
252252 (c) There is created the Habitat Corridor Conservation Stamp Advisory 3
253253 Committee to consult with and make recommendations to the Secretary 4
254254 regarding all projects and activities supported by the Habitat Corridor 5
255255 Conservation Special Fund. The Advisory Committee shall consist of five 6
256256 persons and up to three alternates appointed by and serving at the pleasure of 7
257257 the Secretary. The Secretary shall designate the Chair. The Secretary annually 8
258258 shall report to the Advisory Committee with an accounting of the Habitat 9
259259 Corridor Conservation Special Fund and the activities financed by the Fund. 10
260260 § 4207. HABITAT CORRIDOR CONSERVATION STAMP CONTEST 11
261261 (a) The Secretary may authorize a contest for the design of the Habitat 12
262262 Corridor Conservation Stamp. The Secretary may enter a contract or other 13
263263 agreement with an entity to conduct the contest. 14
264264 (b) The Secretary may authorize a fee to be charged for entry into the 15
265265 contest. The revenue from any fee shall first be used to pay for the costs of the 16
266266 contest. The Secretary shall deposit any revenue in excess of the costs of the 17
267267 contest into the Habitat Corridor Conservation Special Fund. 18
268268 § 4208. TAKE PROHIBITION ON WILDLIFE CROSSINGS ACQUIRED 19
269269 UNDER THIS CHAPTER 20
270270 (a) Except as authorized under this chapter, a person shall not: 21 BILL AS INTRODUCED S.38
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275275 (1) take, possess, or transport wildlife that are within or entering a 1
276276 wildlife crossing where the Secretary of Natural Resources or Secretary of 2
277277 Transportation has prohibited the taking of wildlife; or 3
278278 (2) injure, damage, erode, or waste the wildlife crossing. 4
279279 (b) Any person who violates subsection (a) of this section by knowingly 5
280280 injuring wildlife within or entering a wildlife crossing or knowingly injuring, 6
281281 damaging, eroding, or wasting a wildlife crossing and who is subject to 7
282282 criminal prosecution under 13 V.S.A. chapter 81 may be required by the court 8
283283 to pay restitution for: 9
284284 (1) actual costs and related expenses incurred in treating and caring for 10
285285 the wildlife by the person incurring these expenses, including the costs of 11
286286 veterinarian services and Agency of Natural Resources staff time; or 12
287287 (2) reasonable mitigation and restoration costs such as wildlife 13
288288 restoration plans; habitat protection; and enhancement, transplanting, 14
289289 cultivation, and propagation. 15
290290 (c) The Secretary of Natural Resources or the Secretary of Transportation 16
291291 may prohibit the taking of wildlife on or within a wildlife crossing. 17
292292 Sec. 4. 32 V.S.A. § 5813 is amended to read: 18
293293 § 5813. STATUTORY PURPOSES 19
294294 * * * 20 BILL AS INTRODUCED S.38
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299299 (aa) The statutory purpose of the Habitat Corridor Conservation Stamp 1
300300 credit in section 5830g of this title is to incentivize the sale of Habitat Corridor 2
301301 Conservation Stamps to pay for increased landscape connectivity in the State. 3
302302 Sec. 5. 32 V.S.A. § 5830g is added to read: 4
303303 § 5830g. CONSERVATION STAMP CREDIT 5
304304 A resident individual or part-year resident individual who purchased 6
305305 conservation stamps provided by the Secretary of Natural Resources shall be 7
306306 entitled to a nonrefundable credit against the tax imposed by section 5822 of 8
307307 this title for the taxable year. The credit shall be equal to one-half of the cost 9
308308 of any Habitat Corridor Conservation Stamps authorized under 10 V.S.A. 10
309309 § 4206 or any other stamp authorized by the Commissioner of Fish and 11
310310 Wildlife to generate revenue for the Species and Habitat Conservation Fund 12
311311 under 10 V.S.A. § 4047 that were purchased by the individual in the tax year. 13
312312 The credit under this section shall not exceed $40.00 per tax year. For 14
313313 purposes of this section, spouses filing jointly shall be considered an 15
314314 individual. 16
315315 Sec. 6. APPROPRIATIONS 17
316316 (a) The sum of $25,000.00 is appropriated from the General Fund to the 18
317317 Department of Fish and Wildlife in fiscal year 2026 to support public 19
318318 education, which may cover the importance of landscape connectivity, 20
319319 including habitat corridors and wildlife crossings, and outreach to encourage 21 BILL AS INTRODUCED S.38
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324324 purchases of Habitat Corridor Conservation Stamps and other stamps 1
325325 authorized by the Commissioner of Fish and Wildlife and directed toward and 2
326326 deposited in the Species and Habitat Conservation Fund under 10 V.S.A. 3
327327 § 4047. 4
328328 (b) The sum of $125,000.00 is appropriated from the General Fund to the 5
329329 Secretary of Natural Resource in fiscal year 2026 to support the amenable land 6
330330 inventory under 10 V.S.A. § 4203 and the conservation plan under 10 V.S.A. 7
331331 § 4204. 8
332332 Sec. 7. EFFECTIVE DATE 9
333333 This act shall take effect on July 1, 2025. 10