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Senate Calendar
MONDAY, FEBRUARY 23, 2004
49th DAY OF ADJOURNED SESSION
TABLE OF CONTENTS
Page No.
Action Calendar
Consideration Postponed until Tuesday, February 24, 2004
Second Reading
Favorable with Recommendation of Amendment
S. 271
Notice of habitability ..................................................................... 424
Judiciary Committee Report .................................................. 424
Favorable with Proposal of Amendment
H. 471
Second Reading
Motor vehicles ............................................................................... 424
Transportation Committee Report ......................................... 424
Finance Committee Report .................................................... 429
Sen. Bloomer amendment ..................................................... 430
New Business
Third Reading
S. 190
Prudential committee of an incorporated school district vacancy. 430
Notice Calendar
Favorable with Recommendation of Amendment
S. 54
Relating to the practice of optometry ............................................ 430
S. 261
Renewable portfolio standard, authorizing interveners in proceedings
before the PSB, conservation & use of energy, establishing
energy-efficiency standards for new appliances & equip. ..... 437
S. 281
Civics education program.............................................................. 451
S. 308
No child left behind act ................................................................. 453
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ORDERS OF THE DAY
ACTION CALENDAR
Consideration Postponed Until Tuesday, February 24, 2004
Second Reading
Favorable with Recommendation of Amendment
S. 271
An act relating to notice of habitability.
Reported favorably with recommendation of amendment by Senator
Bloomer for the Committee on Judiciary.
The Committee recommends that the bill be amended in Sec. 1, 9 V.S.A. §
4458 by striking out subsection (b) in its entirety, and inserting in lieu thereof
the following:
(b) If the landlord has knowledge of a condition of the leased premises that
materially affects health, and notice of that condition has not been provided to
the tenants, the tenants are relieved of the requirement of providing notice to
the landlord as required by subsection (a) of this section and shall retain the
remedies available to them under that section.
(Committee vote: 6-0-0)
Favorable with Proposal of Amendment
H. 471
An act relating to motor vehicles.
Reported favorably with recommendation of proposal of amendment by
Senator Maynard for the Committee on Transportation.
The Committee recommends that the Senate propose to the House to amend
the bill by striking out all after the enacting clause and inserting in lieu thereof
the following:
Sec. 1. 23 V.S.A. § 304(d) is amended to read:
(d) Special number plates whether new or renewed shall be issued in any
combination or succession of numerals and letters provided the total of the
numbers and letters on any plate taken together does not exceed seven, and
further provided the requested combination of letters and numerals does not
duplicate or resemble a regular issue registration plate. The commissioner may
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adopt rules for the issuance of special number plates to ensure that all plates
serve the primary purpose of vehicle identification. The commissioner may
refuse to honor any request that might be offensive or confusing to the general
public. The commissioner may revoke any special plate that is found to be
offensive or confusing to the general public. Revoke any plate described in
subdivisions (1) through (7) of this subsection and shall not issue special
number plates with the following combination of letters or numbers:
(1) Combinations of letters or numbers with any connotation, in any
language, that is vulgar, derogatory, profane, racial epithets, scatological or
obscene.
(2) Combinations of letters, or numbers that connote, in any language,
breast, genitalia, pubic area, or buttocks or relate to sexual or eliminatory
functions.
Additionally, “69” formats are prohibited unless used in
combination with the vehicle make, for example, “69 CHEV.”
(3) Combinations of letters, or numbers that connote, in any language:
(A) any illicit drug, narcotic, intoxicant, or related paraphernalia;
(B) the sale, the user, or the purveyor of such substance;
(C) the physiological state produced by such a substance.
(4) Combinations of letters or numbers that refer, in any language, to a
race, religion, color, deity, ethnic heritage, gender, sexual orientation,
disability status, or political affiliation; provided, however, the commissioner
shall not refuse a combination of letters or numbers that is a generally accepted
reference to a race or ethnic heritage (for example, IRISH).
(5) Combinations of letters or numbers that suggest, in any language, a
government or governmental agency.
(6) Combinations of letters or numbers that suggest, in any language, a
privilege not given by law in this state.
(7) Combinations of letters or numbers that form, in any language, a
slang term, abbreviation, phonetic spelling or mirror image of a word described
in subdivisions (1) through (6) of this subsection.
Sec. 2. 23 V.S.A. § 603(b) and (c) are amended to read:
(b) Before issuing an operator license, junior operator license or learner
permit to a first-time an applicant, the commissioner shall obtain driving
record information through the National Driver Register and from each state in
which the person has been licensed or has been issued a learner permit.
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(c) An operator license, junior operator license or learner permit shall not
be issued to a first-time an applicant whose license or learner permit is
suspended, revoked or canceled in any jurisdiction.
Sec. 3. 23 V.S.A. § 673a(b) and (c) are amended to read:
(b) The term “habitual violator” as used herein, shall mean any person who
has been convicted in any court in this state of eight or more moving violations
each of which would result in point assessments of 6 six or more points,
including violations of section 1201 of this title, arising out of different
incidents within a consecutive period of five years.
(c) Upon receipt of the notice of revocation, the The person may within ten
15 days of the notice of revocation request a hearing solely for the purpose of
verifying the conviction record, and the revocation shall not take effect until
the hearing has been held in accordance with the provisions of sections
105-107 of this title and the record has been verified.
Sec. 4. 23 V.S.A. § 711 is amended to read:
§ 711. PENALTIES
Any person who operates a driver training school or acts as an instructor
without a license t hereforeshall be fined not more than $50.00 or imprisoned
for a term not exceeding 5 days, or both $500.00.
Sec. 5. 23 V.S.A. § 1004 is amended to read:
§ 1004. INTERSTATE HIGHWAY REGULATIONS RULES
(a) The traffic committee has exclusive authority to make and publish, and
from time to time may alter, amend, or repeal, regulations rules pertaining to
vehicular, pedestrian and animal traffic, speed limits, and the public safety on
the national system of interstate and defense highways and other limited access
and controlled access highways within this state. The regulations rules and
any amendments or revisions may be made by the committee only after a
public hearing, notice of which shall be published at least twenty days before
the holding of the hearing in at least two newspapers of general circulation in
the state designated for that purpose by the committee. The committee shall
also mail notice of the hearings at least twenty days in advance to persons who
register with them with a request to be so notified. Notices may contain a
general statement of the contents of the regulations to be adopted, together
with information as to where the full text of the regulations may be obtained in
accordance with chapter 25 of Title 3. The regulations rules shall be consistent
with accepted motor vehicle codes or standards, shall be consistent with law,
and shall not be unreasonable or discriminatory in respect to persons engaged
in like, similar, or competitive activities. The regulations rules are applicable
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only to the extent that they are not in conflict with regulations or orders issued
by any agency of the United States having jurisdiction and shall be drawn with
due consideration for the desirability of uniformity of law of the several states
of the United States. Regulations and amendments, revisions or repeals shall,
within five days of promulgation, be submitted by the committee to the
attorney general for his approval as to their legality. Within ten days after
approval the committee shall deposit two copies in the office of the secretary
of state, and they are effective sixty days after the date deposited.
(b) Regulations Rules authorized by this section are effective on interstate
and other limited access and controlled access highways only, taking
precedence over those then in force and future highway laws and regulations
rules applicable to highways generally; however, the general highway laws and
regulations rules are effective on interstate highways until properly authorized
regulations rules providing otherwise are made and published adopted.
(c) Regulations Rules, together with alterations and amendments thereto of
rules, made under this section have the force of law, and violations thereof
shall be penalized under section 2205(c) traffic violations under section 2302
of this title.
Sec. 6. 23 V.S.A. § 1209a(b) is amended to read:
(b) Abstinence. Notwithstanding any other provision of this subchapter, a
person whose license has been suspended for three years or more under this
subchapter may apply to the driver rehabilitation school director and to the
commissioner for reinstatement of his or her driving privilege. In the case of a
suspension for three years, the person shall have completed two years of total
abstinence from consumption of alcohol or drugs, or both. In the case of a
suspension for life, the person shall have completed three years of total
abstinence from consumption of alcohol or drugs, or both. In both cases, the
beginning date for the period of abstinence shall be no sooner than the
effective date of the suspension from which the person is requesting
reinstatement and shall not include any period during which the person is
serving a sentence of incarceration to include furlough. If the commissioner,
or a medical review board convened by the commissioner, is satisfied by a
preponderance of the evidence that the applicant has abstained for the required
number of years immediately preceding the application and hearing, has
successfully completed a therapy program as required under this section and
the person appreciates that he or she cannot drink any amount of alcohol and
drive safely, the person’s license shall be reinstated immediately upon such
conditions as the commissioner may impose. If after notice and hearing the
commissioner later finds that the person was operating, attempting to operate
or in actual physical control of a vehicle while there was any amount of the
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person’s alcohol in the blood concentration was 0.02 or more following
reinstatement under this subsection, the person’s operating license or privilege
to operate shall be immediately suspended for the period of the original
suspension. A person shall be eligible for reinstatement under this section only
once following a suspension for life.
Sec. 7. REPEAL
Sec. 13(b) of No. 139 of the Acts of the 2001 Adj. Sess. (2002) (agricultural
service vehicles repealer) is repealed.
Sec. 8. 23 V.S.A. § 1400a(c) is amended to read:
(c)(1) The selectmen, trustees, or the mayor are authorized to accept for the
municipality compensation commensurate with the extra wear or maintenance
required on the highway traveled over or on any bridge by reason of the
overweight allowed by any permit approved by them or any exemption
provided under section 1400d of this title, which shall be used for the
maintenance of highways and bridges within the town, village or city. The
following factors, at a minimum, shall be taken into consideration when
determining the amount of compensation due:
(1)(A) The amount of weight allowed in excess of the normal limit.
(2)(B) The configuration and number of axles of the vehicle involved.
(3)(C) The number and length of trips the vehicle will be making.
(4)(D) The condition of the highway before and after use by the vehicle,
and costs associated with any needed repair.
(2) If the agreement for the compensation to be paid is in writing, failure
on the part of the applicant to pay the sum or sums agreed upon shall be
sufficient cause for the selectmen, trustees or mayor to withdraw approval for
the permit. A fee not in excess of $5.00 may be charged for the written
approval of a municipality furnished under this section.
Sec. 9. 23 V.S.A. § 1400d is amended to read:
§ 1400d. AGRICULTURAL SERVICE VEHICLES
(a) An agricultural service vehicle, as defined in subdivision 4(71) of this
title, shall be exempt from the provisions of sections 1400 and 1400a of this
title if the gross weight does not exceed 60,000 pounds.
(b) Municipalities shall not be liable for injuries or damages to agricultural
service vehicles or their operators that result from crossing a posted bridge
with an agricultural service vehicle that weighs more than the posted weight
limit.
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Sec. 10. 23 V.S.A. § 1403 is amended to read:
§ 1403. –EXPIRATION OR REVOCATION
Blanket permits shall expire on May 1 next following the date of issue, at
the same time as the vehicle’s registration but may be revoked for cause by the
motor vehicle commissioner with or without hearing.
Sec. 11. 32 V.S.A. § 3109(e) is added to read:
(e) As used in this section, the word “commissioner” shall include the
commissioner of motor vehicles.
Sec. 12. 32 V.S.A. § 8903(e) is amended to read:
(e)(1) Any person registering a pleasure car in this state subject to the tax
imposed by subsection (d) must pay the tax imposed by subsection (a) or (b)
upon demand of the commissioner if:
(1)(A) the vehicle is not actually rented for at least less than 30 days in
any single year a continuous period of 365 days or for less than 60 days in a
continuous period of 730 days; or
(2)(B) the vehicle is no longer used in short-term rentals; and
(3)(C) the vehicle has not been stolen, converted or abandoned.
(2) For taxation purposes, the value of the vehicle shall be fixed in
accordance with section 8907 of this title as of the time the event causing the
imposition of the tax under subsection (a) or (b) of this section occurs.
Sec. 13. EFFECTIVE DATE
This act shall take effect on June 29, 2003.
(Committee Vote: 6-0-0)
Reported favorably with recommendation of proposal of amendment by
Senator Ayer for the Committee on Finance.
The Committee recommends that the Senate propose to the House to amend
the bill as recommended by the Committee on Transportation with the
following amendments thereto:
First: By striking out Secs. 7, 8, and 9 in their entirety
Second: By adding a new section to read as follows:
Sec. 12a. CENTRALIZED PERMITTING; STUDY
The commissioners of motor vehicles and of information and innovation
shall study the feasibility of a centralized permitting system located within the
department of motor vehicles for the issuance of permits for use of town
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highways and bridges by commercial motor vehicles. The commissioners shall
investigate centralized permitting system in other states which issue both state
and local permits. The commissioners shall report study findings and
recommendations to the chairs of the house and senate committees on
agriculture and on transportation no later than November 1, 2004. Subjects
addressed by the study shall include costs of a centralized system.
Third: In Sec. 13, by striking out the date “June 29, 2003” and inserting in
lieu thereof the date “July 1, 2004”
(Committee Vote: 5-0-2)
(No House amendments.)
PROPOSAL OF AMENDMENT TO H. 471 TO BE OFFERED BY
SENATOR BLOOMER
Senator Bloomer moves that the Senate propose to the House to amend the
bill by adding a new Sec. 1 to read as follows:
Sec. 1. 23 V.S.A. § 304(c) is amended to read:
***
(4) A person holding a registration number between 101 and 9999 on a
pleasure car may also have the same number on a truck, or vice versa.
And by renumbering the remaining sections to be numerically correct.
New Business
Third Reading
S. 190
An act relating to a vacancy on the prudential committee of an incorporated
school district.
Notice Calendar
Favorable with Recommendation of Amendment
S. 54
An act relating to the practice of optometry.
Reported favorably with recommendation of amendment by Senator Mayo
for the Committee on Health and Welfare.
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The Committee recommends that the bill be amended by striking out all
after the enacting clause and inserting in lieu thereof the following:
Sec. 1. 26 V.S.A. § 1703 is amended to read:
§ 1703. DEFINITIONS
As used in this chapter:
(a)(1) “Board” means the state optometry board.
(b)(2) The “practice of optometry” is defined to be means any one or
combination of the following practices performed without the use of drugs:
(1)(A)
purposes of:
The examination of the human eyes and visual system for
(A)(i) ascertaining diagnosing refractive and functional ability; or
(B)(ii) detecting the possible diagnosing the presence of eye and
adnexa disease or injury, treating the disease or injury with the appropriate
pharmaceutical agents and procedures in accordance with this chapter, and
making appropriate referrals to a licensed physician when signs of possible
disease or injury are found the appropriate health care provider when
warranted.
(2)(B) The detection diagnosis and correction of anomalies of the
refractive and functional ability of the visual system and the enhancement of
visual performance including, but not limited to, the following:
(A)(i) the prescribing and employment of ophthalmic lenses, prisms,
autorefractor or other automatic testing devices, frames, ophthalmic aids, and
prosthetic materials as consistent with the health of the eye;
(B)(ii) the prescribing and employment of contact lenses; and
(C)(iii) administering visual training, vision therapy, orthoptics, and
pleoptics.
(c)(3) “Disciplinary action” or “disciplinary cases” includes any action
taken by a board against a licensee or applicant premised upon a finding of
wrongdoing or unprofessional conduct by the licensee or applicant. It includes
all sanctions of any kind, including obtaining injunctions, issuing warnings,
reprimands, suspensions or revocations of licenses and other similar sanctions
and ordering restitution.
(d)(4) “Financial interest” means being:
(A) a licensed practitioner of optometry,; or
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(B) a person who deals in goods and services which are uniquely
related to the practice of optometry,; or
(C) a person who has invested anything of value in a business which
provides optometric services.
Sec. 2. 26 V.S.A. § 1719(b) is amended to read:
(b) Unprofessional conduct means:
(1) Conduct which evidences moral unfitness to practice the occupation.
(2) Any of the following except when reasonably undertaken in an
emergency situation in order to protect life, health or property:
(A) Practicing or offering to practice beyond the scope permitted by
law.
(B) Accepting and performing occupational responsibilities which
the licensee knows or has reason to know that he or she is not competent to
perform. Performing treatments or providing services which a licensee is not
qualified to perform or which are beyond the scope of the licensee’s education,
training, capabilities, experience, or scope of practice.
(C) Performing occupational services which have not been authorized
by the consumer or his or her legal representative.
Sec. 3. 26 V.S.A. § 1723 is amended to read:
§ 1723. USE OF DIAGNOSTIC PHARMACEUTICAL AGENTS
Notwithstanding any prohibition on the use of drugs in section 1703 of this
title, an An optometrist licensed under this chapter, and pursuant to the further
limitations of this subchapter may procure and use certain drugs topically
applied to the eye and known as mydriatics, cycloplegics, and topical
anesthetics. Such use shall be for detection purposes only, and nothing in this
subchapter shall be construed to permit the administering of drugs for the
medical or therapeutic treatment of any disease or the performing of surgery.
Sec. 4. 26 V.S.A. § 1724 is amended to read:
§ 1724.
SPECIFIC DRUGS; CONCENTRATIONS FORMULARY
COMMITTEE
(a) A formulary committee is established which is comprised of the
following members:
(1) two ophthalmologists licensed in this state appointed by the
commissioner of health;
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(2) two optometrists licensed in this state appointed by the state board of
optometry; and
(3) two doctors of pharmacology appointed by the director of the office
of professional regulation.
(b) After 30 days notice to and consultation with an ophthalmologist
designated by the head of ophthalmology at the University of Vermont, Upon
the request of the board, the formulary committee shall define the specific
drugs or classes of drugs and the concentrations and strengths thereof which
optometrists shall be allowed to use pursuant to this subchapter and subchapter
6 of this title and. The formulary committee shall meet within 30 days of
receiving a written request to change the optometry formulary and shall render
a decision on the request within 30 days of meeting. The board shall adopt the
optometry formulary and notify the state board of pharmacy of the board’s
actions. In deciding whether to include a particular drug in the formulary, the
committee shall seek to balance, among other factors, the drug’s utilization
frequency and alternatives to the proposed drug with its potential systemic or
other risks.
(c) The formulary committee shall receive administrative assistance from
the state board of optometry.
Sec. 5. 26 V.S.A. § 1728 is amended to read:
§ 1728. USE OF THERAPEUTIC PHARMACEUTICAL AGENTS
(a) Notwithstanding the provisions of sections 1703 and 1723 of this title to
the contrary, an An optometrist licensed under this chapter who possesses the
endorsement required under section 1729 of this title, may:
(1) prescribe anti-infective, anti-inflammatory and dilation reversal
drugs, provided that those drugs are prescribed only for topical application to
the eye. When steroids are prescribed under this section, the optometrist shall:
(A) consult with an ophthalmologist if the patient’s condition has not
improved within seven days after initiation of treatment; and
(B) refer the patient to an ophthalmologist if the steroid is to be used
for longer than ten days all pharmaceutical agents for the appropriate
diagnosis, management, and treatment of the eye and adnexa.
(2) remove superficial foreign bodies from the eye and adnexa oculi,
perform epilation of the eyelashes including electrolysis, punctal dilation, and
lacrimal irrigation, and insert punctal plugs.
(b) Nothing in this subchapter shall be construed to permit:
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(1) the use of therapeutic ultrasound, the use of injections except for the
appropriate emergency stabilization of a patient, or the performance of surgery
or the treatment of glaucoma. “Surgery” means any procedure in which human
tissue is cut, penetrated, thermally or electrically cauterized except when
performing electrolysis, or otherwise infiltrated by mechanical or laser means
in a manner not specifically authorized by this act;
(2) Nothing in this chapter shall be construed to permit the use of lasers
for any procedure other than diagnostic testing; or
(3) a licensee to perform indocyanine green angiography, removal of
benign skin lesions involving subcutaneous injections, sub tenons injections,
retrobulbar injections, intraocular injections, ketamine (IM) for an infant’s
examination under anesthesia, management of skin and conjunctival
neoplasms, and botox injections.
***
Sec. 6. 26 V.S.A. § 1728a is added to read:
§ 1728a. PERMISSIBLE TREATMENTS; GLAUCOMA TYPES
(a) A licensee may treat the following types of glaucoma on patients who
are 16 years of age or older:
(1) adult primary open angle glaucoma;
(2) exfoliative glaucoma;
(3) pigmentary glaucoma;
(4) low tension glaucoma;
(5) inflammatory (uveitic) glaucoma; and
(6) emergency treatment of angle closure glaucoma.
(b) This section shall not prohibit a licensee from administering appropriate
emergency stabilization treatment to a patient.
Sec. 7. 26 V.S.A. § 1728b is added to read:
§ 1728b. DISCLOSURE OF INFORMATION
(a) A licensee permitted to treat glaucoma shall provide to patients
diagnosed with glaucoma a disclosure statement, printed or typed in easily
readable format, which includes the following information:
(1) the licensee’s professional qualifications and experience, including
postgraduate education and training received relevant to the treatment of
glaucoma, including special courses;
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(2) the name or names of postsecondary educational institutions
attended, dates attended, and degrees awarded;
(3) the title of the glaucoma treatment training program, and the name
and address of the provider or sponsoring entity of the program;
(4) beginning and ending dates of the glaucoma treatment training
program;
(5) a description of the content of the glaucoma treatment training
program;
(6) any credentials awarded;
(7) the following statement:
“All patients have the right to choose to be treated by either an
optometrist or an ophthalmologist. I have just described my training as an
optometrist. Ophthalmologists go to medical school for four years after
college, then engage in supervised practice in a three-year residency. Their
further training allows them to perform surgery and treat the most complex
cases. Optometrists and ophthalmologists often work together treating
diseases of the eye. When collaboration is not enough to provide adequate
care, I will refer you to an ophthalmologist.”
(b) The signed disclosure of information form shall be filed in the patient’s
records, and a copy shall be provided to the patient.
Sec. 8. 26 V.S.A. § 1728c is added to read:
§ 1728c. USE OF ORAL THERAPEUTIC PHARMACEUTICAL AGENT;
COMMUNICATION WITH PRIMARY CARE PROVIDER
A licensee who employs an oral therapeutic pharmaceutical agent, as
identified by the formulary committee established in section 1724 of this title,
which might prove to have significant systemic adverse reactions or systemic
side effects shall, in a manner consistent with Vermont law, ascertain the risk
of systemic side effects through either a case history or by communicating with
the patient’s primary care provider. The licensee shall also communicate with
the patient’s primary care provider, or with a physician skilled in diseases of
the eye, when in the professional judgment of the licensee, it is medically
appropriate. The communication shall be noted in the patient’s permanent
record. The methodology of communication shall be determined by the
licensee.
Sec. 9. 26 V.S.A. § 1728d is added to read:
§ 1728d. DURATION OF TREATMENT WITHOUT REFERRAL
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(a) If a glaucoma patient does not respond to up to three topically
administered pharmaceutical agents within a reasonable time, the licensee shall
refer the patient to a licensed ophthalmologist. No glaucoma patient shall be
treated by an optometrist with more than three topically administered agents at
any given time.
(b) If an oral medication is required to obtain an adequate clinical response,
the licensee shall consult with a licensed ophthalmologist as soon as clinically
prudent following initiation of the oral medication. This section shall not
require that the licensee transfer care of the patient to the consulting
ophthalmologist, but does require that the patient be seen by the consulting
ophthalmologist.
Sec. 10. 26 V.S.A. § 1729 is amended to read:
§ 1729. APPLICATION; EXAMINATION
(a) Upon application, the board shall certify eligible licensees to use
therapeutic drugs and to remove superficial foreign bodies perform procedures
as authorized by section 1728 subdivision 1728(a)(2) of this title, if the
applicant meets the requirements of section 1715 of this chapter for licensure
by examination or meets the requirements of section 1716 of this chapter for
licensure by endorsement, and is authorized under the license of another
jurisdiction to use therapeutic pharmaceutical agents.
***
(d) A licensee who is certified to use therapeutic pharmaceutical agents
shall demonstrate proof of current cardiopulmonary resuscitation certification
as a condition of initial certification and of license renewal. Acceptable
courses shall include:
(1) courses in external cardiopulmonary resuscitation which are
approved by the Vermont Heart Association or the American Red Cross; and
(2) courses which include a review of diseases or conditions which
might produce emergencies such as anaphylactic shock, diabetes, heart
condition, or epilepsy.
(e) A licensee certified to use therapeutic pharmaceutical agents shall, as
part of required continuing education, receive not less than 50 percent of his or
her continuing education in the use of pharmaceuticals, including treating
possible complications arising from their use, and the treatment of glaucoma.
Sec. 11. 26 V.S.A. § 1729a is added to read:
§ 1729a. PREREQUISITES TO TREATING GLAUCOMA
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A licensee who is already certified to use therapeutic pharmaceutical agents
and who graduated from a school of optometry prior to 2003 and is not
certified in another jurisdiction having substantially similar prerequisites to
treating glaucoma shall, in addition to being certified to use therapeutic
pharmaceutical agents, provide to the board verification of successful
completion of an 18-hour course and examination offered by the State
University of New York State College of Optometry or similar accredited
institution. Successful completion shall include passing an examination
substantially equivalent to the relevant portions on glaucoma and orals of the
examination given to current graduates of optometry school and shall require
the same passing grade. The course shall cover the diagnosis and treatment of
glaucoma and the use of oral medications and shall be taught by both
optometrists and ophthalmologists. In addition, the licensee shall collaborate
with an ophthalmologist regarding his or her current glaucoma patients for six
months and at least five new glaucoma patients before treating glaucoma
patients independently. These five new glaucoma patients shall be seen at least
once by the collaborating ophthalmologist.
Sec. 12. SUNSET; REPORT
(a) 26 V.S.A. § 1724 (formulary committee) shall be repealed in its entirety
on December 31, 2005. Any formulary in effect on this date shall remain in
effect unless or until a process for adopting a new formulary is authorized by
law.
(b) On or before December 1, 2005, the director of the office of
professional regulation shall submit a report to the general assembly which
evaluates the strengths and weaknesses of the amendments to 26 V.S.A. § 1724
(formulary committee) contained in this act.
(Committee vote: 6-0-0)
S. 261
An act relating to a renewable portfolio standard, to authorizing interveners
in proceedings before the public service board, to enabling an efficiency utility
to develop appropriate combined heat and power systems that result in the
conservation and efficient use of energy, and to establishing energy-efficiency
standards for certain new appliances and equipment.
Reported favorably with recommendation of amendment by Senator
Cummings for the Committee on Finance.
The Committee recommends that the bill be amended by striking out all
after the enacting clause and inserting in lieu thereof the following:
Sec. 1. 30 V.S.A. § 8002 is amended to read:
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§ 8002. DEFINITIONS
For purposes of this chapter:
(1)(A) “Renewable pricing” shall mean an optional service provided or
contracted for by an electric company:
(i) under which the company’s customers may voluntarily either:
(I) purchase all or part of their electric energy from renewable
sources as defined in this chapter; or
(II) cause the purchase and retirement of tradeable renewable
energy credits on the participating customer’s behalf; and
(ii) which increases the company’s reliance on renewable sources
of energy beyond those the electric company would otherwise be required to
provide under section 218c of this title.
(B) Renewable pricing programs may include, but are not limited to:
(i) contribution-based programs in which participating customers
can determine the amount of a contribution, monthly or otherwise, that will be
deposited in a board-approved fund for new renewable energy project
development;
(ii) energy-based programs in which customers may choose all or
a discrete portion of their electric energy use to be supplied from renewable
resources;
(iii) facility-based programs in which customers may subscribe to
a share of the capacity or energy from specific new renewable energy
resources.
(2) “Renewable energy” means energy produced using a technology that
relies on a resource that is being consumed at a harvest rate at or below its
natural regeneration rate and if the production of energy involves combustion
of the resource, the combustion results in significantly lower emissions than
the production of a similar amount of energy from the combustion of fossil
fuels.
(A) For purposes of this subdivision (2), methane gas and other
flammable gases produced by the decay of sewage treatment plant wastes or
landfill wastes and anaerobic digestion of agricultural products, byproducts, or
wastes shall be considered renewable energy resources, but no form of solid
waste, other than agricultural or silvicultural waste, shall be considered
renewable.
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(B) For purposes of this subdivision (2), no form of nuclear fuel shall
be considered renewable.
(C) For purposes of this chapter, the only energy produced by a
hydroelectric facility to be considered renewable shall be from a hydroelectric
facility with a generating capacity of 80 megawatts or less.
(D) After conducting administrative proceedings, the board may add
technologies or technology categories to the definition of “renewable energy,”
provided that the following technologies shall not be considered renewable
energy supplies: coal, oil, and natural gas.
(3) “Existing renewable energy” means all types of renewable energy
sold from the supply portfolio of a Vermont electricity provider as provided for
in subdivision 8004(b)(1) of this title. For purposes of meeting the existing
renewable energy requirements of this chapter, energy provided by the public
service board rule 4.100 purchasing agent as the result of contracts entered into
on or before January 1, 1995, shall be deemed “existing renewable energy.”
(4) “New renewable energy” means renewable energy produced by a
generating resource built after December 31, 2003. This may include the
additional energy from an existing renewable facility retrofitted with advanced
technologies. For the purposes of this chapter, renewable energy refers to
either “existing renewable energy” or “new renewable energy.”
(5)
“Tradeable renewable energy credits” means all of the
environmental attributes associated with a single unit of energy generated by a
renewable energy source where:
***
Sec. 2. 30 V.S.A. § 8004 is amended to read:
§ 8004. RENEWABLE PORTFOLIO STANDARDS FOR SALES OF
ELECTRIC ENERGY
(a) The public service board shall design a proposed renewable portfolio
standard in the form of draft legislation. The standard shall be developed with
the aid of a renewable portfolio standard collaborative. The renewable
portfolio standard collaborative, composed of representatives from the electric
utilities, industry, renewable energy industry, ratepayers, environmental and
consumer groups, the department of public service, and other stakeholders
identified by the board, shall aid in the development of a renewable portfolio
standard for renewable energy resources, as well as requirements for
implementation of and compliance with that standard. The proposed
renewable portfolio standard shall be applicable to all providers of electricity
to retail consumers in this state. The proposed renewable portfolio standard
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developed by the board will be presented to the house committee on
commerce, the house and senate committees on natural resources and energy,
and the senate committee on finance in the form of draft legislation for
consideration in January 2004.
(b) In developing the renewable portfolio standard, the board shall consider
the following goals, which shall be afforded equal weight in formulating the
standard:
(1) increase the use of renewable energy in Vermont in order to capture
the benefits of renewable energy generation for Vermont ratepayers and
citizens.
(2) maintain or reduce the rates of electricity being paid by Vermont
ratepayers and lessen the price risk and volatility for future ratepayers.
In order for Vermont utilities to achieve the goals established in section
8001 of this title, no company shall sell or otherwise provide or offer to sell
or provide electricity in the state of Vermont without ownership of
sufficient energy produced by renewable resources as described in this
chapter, or sufficient tradeable renewable energy credits that reflect the
required renewable energy as provided for in subsection (b) of this section.
(b) The standard shall include a two-part portfolio requirement that shall
be applicable to all providers of electricity to retail consumers in this state,
unless the electricity provider demonstrates in its integrated resource plan
review under section 218c of this title, and the public service board
determines that the electricity provider’s acquisition of efficiency or
nonrenewable resources is a strategy that results in a more reliable and
cost-effective portfolio than would be the case if the electricity provider
were required to meet the standard:
(1) The first part of the standard requires that each retail electricity
provider in Vermont maintain a certain amount of existing renewable
resources in its portfolio. Each electricity provider shall provide its retail
customers in each calendar year the same annual amount of renewable
energy as sold by that provider on average during calendar years 1995 to
1997. No electricity provider during any calendar year shall be required to
sell an amount of electricity generated from existing renewable resources
exceeding 25 percent of the annual average as defined in this subsection.
(2) The second part of the standard requires that each retail electricity
provider in Vermont provide a certain amount of new renewable resources
in its portfolio. By January 1, 2013, each retail electricity provider in
Vermont shall supply an amount equal to its total incremental energy
growth between January 1, 2004 and January 1, 2013 through the use of
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electricity generated by new renewable resources. No electricity provider
shall be required to provide in excess of a total of 10 percent of its calendar
year 2003 retail electric sales with electricity generated by new renewable
resources. The standard in this subsection shall not apply to an electricity
provider that annually supplies over 50 percent of its sales as determined in
subdivision (1) of this subsection with existing renewable resources.
(c) The public service board shall provide, by order or rule, the
regulations and procedures that are necessary to allow the public service
board and the department of public service to implement and supervise
further the implementation and maintenance of a renewables portfolio
standard.
Sec. 3. 30 V.S.A. § 8005 is added to read:
§ 8005. TRADEABLE CREDITS
(a) The public service board shall establish or adopt a system of
tradeable renewable energy credits for renewable resources that may be
earned by electric generation qualifying for the two parts of the renewables
portfolio standard.
(b) The public service board shall ensure that all electricity provider and
provider-affiliate disclosures and representations made with regard to a
provider’s portfolio are accurate and reasonably supported by objective
data. Further, the public service board shall ensure that providers disclose
the types of generation used, whether the energy is Vermont-based, and
clearly distinguish between energy or tradeable energy credits provided
from renewable and nonrenewable sources and existing and new sources.
Sec. 4. 30 V.S.A. § 209(d) is amended to read:
(d)(1) The public service department, any entity appointed by the board
under subdivision (2) of this subsection, all gas and electric utility companies,
and the board upon its own motion, are encouraged to propose, develop,
solicit, and monitor energy efficiency and conservation programs and
measures, including appropriate combined heat and power systems that result
in the conservation and efficient use of energy and meets the applicable agency
of natural resources air quality standards. Such programs and measures, and
their implementation, may be approved by the board if it determines they will
be beneficial to the ratepayers of the companies after such notice and hearings
as the board may require by order or by rule.
(2) In place of utility-specific programs developed pursuant to section
218c of this title, the board may, after notice and opportunity for hearing,
provide for the development, implementation, and monitoring of gas and
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electric energy efficiency and conservation programs and measures, including
appropriate combined heat and power systems that result in the conservation
and efficient use of energy and meets the applicable agency of natural
resources air quality standards, and including programs and measures delivered
in multiple service territories, by one or more entities appointed by the board
for these purposes. The board may specify that the implementation of these
programs and measures satisfies a utility’s corresponding obligations, in whole
or in part, under section 218c of this title and under any prior orders of the
board.
***
Sec. 5. 9 V.S.A. chapter 74 is added to read:
CHAPTER 74. ENERGY EFFICIENCY STANDARDS
FOR APPLIANCES AND EQUIPMENT
§ 2791. GENERAL PURPOSE
This chapter establishes minimum efficiency standards for certain products
sold or installed in the state.
§ 2792. FINDINGS
The general assembly finds that:
(1) Efficiency standards for certain products sold or installed in the state
assure consumers and businesses that those products meet minimum efficiency
performance levels, thus saving money on utility bills.
(2) These efficiency standards save energy and thus reduce pollution
and other environmental impacts associated with the production, distribution,
and use of electricity and natural gas.
(3) These efficiency standards can make electricity systems more
reliable by reducing the strain on the electricity grid during peak demand
periods. Furthermore, improved energy efficiency can reduce or delay the
need for new power plants, power transmission lines, and power distribution
system upgrades.
(4) Energy efficiency standards contribute to the economy of this state
by enabling consumers and business owners to spend less on energy, leaving
more for the purchase of local goods and services.
§ 2793. DEFINITIONS
As used in this chapter:
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(1) “Commercial clothes washer” means a soft mount horizontal- or
vertical-axis clothes washer that:
(A) has a clothes container compartment no greater than 3.5 cubic
feet in the case of a horizontal-axis product or no greater than 4.0 cubic feet
in the case of a vertical-axis product; and
(B) is designed for use by more than one household, such as in
multifamily housing, apartments, or coin laundries.
(2)(A) “Commercial refrigerators and freezers” means refrigerators,
freezers, or refrigerator-freezers designed for use by commercial or
institutional facilities for the purpose of storing food products, ice, or other
perishable items at specified temperatures that:
(i)
incorporate most components involved in the
vapor-compression cycle and the refrigerated compartment in a single package;
and
(ii) may be configured with either solid or transparent doors as a
reach-in cabinet, pass-through cabinet, roll-in cabinet, or roll-through cabinet.
(B) This term does not include:
(i) products with 85 cubic feet or more of internal volume;
(ii) walk-in refrigerators or freezers; or
(iii) consumer products that are federally regulated pursuant to
42 U.S. Code § 6291 et seq.
(3) “Commissioner” means the commissioner of the department of
public service.
(4) “Digital cable television box” means a device that acts as a tuner
for cable television programming and converts digital signals received from a
cable service provider to a signal usable by a television set.
(5) “Digital television converter box” means a device that receives and
decodes digital broadcast signals for display by an analog television set and is
not a digital cable television box or wireless television receiver.
(6) “Illuminated exit sign” means an internally illuminated sign that is
designed to be permanently fixed in place to identify an exit; consists of an
electrically powered integral light source that illuminates the legend “EXIT”
and any directional indicators; and provides contrast between the legend, any
directional indicators, and the background.
(7) “Large packaged air-conditioning equipment” means packaged
air-conditioning equipment that has 240,000 Btu/hour or more of cooling
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capacity and that is built as a package and shipped as a whole to end-user
sites.
(8)(A) “Low voltage dry-type distribution transformer” means a
distribution transformer that:
(i) has an input voltage of 600 volts or less;
(ii) is air-cooled;
(iii) does not use oil as a coolant; and
(iv) is rated for operation at a frequency of 60 Hertz.
(B) “Low voltage dry-type transformer” does not include:
(i) transformers with multiple voltage taps, with the highest
voltage tap equaling at least 20 percent more than the lowest voltage tap; or
(ii) transformers, such as those commonly known as drive
transformers, rectifier transformers, auto-transformers, uninterruptible power
system transformers, impedance transformers, harmonic transformers,
regulating transformers, sealed and nonventilating transformers, machine tool
transformers, welding transformers, grounding transformers, or testing
transformers, that are designed to be used in a special purpose application and
are unlikely to be used in general purpose applications.
(9) “Multifunction device” means a physically integrated electronic
device that has the core function of a digital cable television box and one or
more additional functions, such as internet access, personal digital recording,
or video game operation.
(10) “Pass-through cabinet” means a commercial refrigerator or freezer
with hinged or sliding doors on both the front and rear of the refrigerator or
freezer.
(11) “Reach-in cabinet” means a commercial refrigerator or freezer
with hinged or sliding doors or lids.
(12) “Roll-in cabinet” means a commercial refrigerator or freezer with
hinged or sliding doors that allow wheeled racks of products to be rolled into
the refrigerator or freezer.
(13) “Roll-through cabinet” means a commercial refrigerator or freezer
with hinged or sliding doors that allow wheeled racks of products to be rolled
through the refrigerator or freezer.
(14) “Set-top box” means a digital cable television box, wireless
television receiver, or digital television converter box.
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(15) “Torchiere” means a portable electric lamp with a reflective bowl
that directs light upward onto a ceiling so as to produce indirect illumination
on the surfaces below.
(16) “Traffic signal module” means a standard eight-inch (200 mm) or
12-inch (300 mm) traffic signal indication, consisting of a light source, a lens,
and all other parts necessary for operation.
(17) “Transformer” means a device that consists of two or more coils
of insulated wire and that is designed to transfer alternating current by
electromagnetic induction from one coil to another to change the original
voltage or current value.
(18) “Unit heater” means a self-contained, vented fan-type commercial
space heater that uses natural gas, propane, or fuel oil and that is designed to
be installed without ducts within a heated space; except that “unit heater”
does not include direct vent, sealed combustion burner, force flue heaters, or
any products covered by federal standards pursuant to 42 U.S. Code § 6291 et
seq.
(19) “Wireless television receiver” means a device that is used in
conjunction with a dish antenna to receive satellite or other wireless television
programming and that converts signals from a dish antenna for use by a
television set.
§ 2794. SCOPE
(a) The provisions of this chapter apply to the following types of new
products sold, offered for sale, or installed in the state:
(1) Commercial clothes washers.
(2) Commercial refrigerators and freezers.
(3) Illuminated exit signs.
(4) Large packaged air-conditioning equipment.
(5) Low voltage dry-type distribution transformers.
(6) Set-top boxes.
(7) Torchieres.
(8) Traffic signal modules.
(9) Unit heaters.
(10) Any other products as may be designated by the commissioner in
accordance with section 2797 of this title.
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(b) The provisions of this chapter do not apply to:
(1) New products manufactured in the state and sold outside the state.
(2) New products manufactured outside the state and sold at wholesale
inside the state for final retail sale and installation outside the state.
(3) Products installed in mobile manufactured homes at the time of
construction.
(4) Products designed expressly for installation and use in recreational
vehicles.
§ 2795. EFFICIENCY STANDARDS
Not later than January 1, 2005, the commissioner, in consultation with the
secretary of natural resources, shall adopt rules in accordance with the
provisions of 3 V.S.A. chapter 25 establishing minimum efficiency standards
for the types of new products set forth in section 2794 of this title. The rules
shall provide for the following minimum efficiency standards:
(1) Commercial clothes washers shall meet the requirements shown in
Table P-3 of section 1605.3 of the California Code of Regulations,
Title 20: Division 2, Chapter 4, Article 4 (Appliance Efficiency Regulations
that took effect on November 27, 2002).
(2) Commercial refrigerators and freezers shall meet the August 1,
2004 requirements shown in Table A-6 of section 1605.3 of the California
Code of Regulations, Title 20: Division 2, Chapter 4, Article 4 (Appliance
Efficiency Regulations that took effect on November 27, 2002).
(3) Illuminated exit signs shall meet the Version 2.0 Energy Star
Program performance requirements for illuminated exit signs prescribed by
the U.S. Environmental Protection Agency.
(4) Large packaged air-conditioning equipment shall meet the Tier 2
efficiency levels of the “Minimum Equipment Efficiencies for Unitary
Commercial Air Conditioners” or “Minimum Equipment Efficiencies for
Heat Pumps,” as appropriate, developed by the Consortium for Energy
Efficiency, Boston, MA, as in effect on January 1, 2002.
(5) Low voltage dry-type distribution transformers shall meet the
Class 1 efficiency levels for distribution transformers specified in Table 4-2
of the “Guide for Determining Energy Efficiency for Distribution
Transformers” published by the National Electrical Manufacturers
Association (NEMA Standard TP-1-2002).
(6) Set-top boxes other than multifunction devices shall meet the Tier 1
criteria of the product specification of the U.S. Environmental Protection
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Agency’s “Energy Star Program Requirements for Set-top Boxes” that took
effect on January 1, 2001.
(7) Torchieres shall consume not more than 190 watts and shall not be
capable of operating with lamps that total more than 190 watts.
(8) Red and green traffic signal modules shall meet the product
specification of the “Energy Star Program Requirements for Traffic Signals”
developed by the U.S. Environmental Protection Agency that took effect in
February 2001 and shall be installed with compatible, electrically connected
signal control interface devices and conflict monitoring systems. The
commissioner, in consultation with the secretary of transportation, may
exempt specific traffic signals from this requirement upon a determination
that Energy Star compliant traffic signal modules would compromise safe
signal operation.
(9) Unit heaters shall be equipped with an intermittent ignition device
and shall have either power venting or an automatic flue damper.
§ 2796. IMPLEMENTATION
(a) On or after January 1, 2006, no new product of a type set forth in
section 2794 of this title may be sold or offered for sale in the state unless the
efficiency of the new product meets or exceeds the efficiency standards set
forth in the rules adopted pursuant to section 2795 of this title. On or after
January 1, 2007, no new product of a type set forth in section 2794 of this
title may be installed in the state unless the efficiency of the new product
meets or exceeds the efficiency standards set forth in the rules adopted
pursuant to section 2795 of this title.
(b) Notwithstanding the dates set out in subsection (a) of this section,
implementation of the standard for an individual product of the type set forth
in section 2794 of this title shall be suspended until the passage of legislation
or the adoption of administrative rules that require equivalent or higher
standards for that product in states within New England, including Vermont,
with a total population of at least 4 million people.
§ 2797. NEW AND REVISED STANDARDS
The commissioner may establish increased efficiency standards on the
products listed in section 2794 of this title. The commissioner may also
establish standards for products not specifically listed in section 2794 of this
title. In considering new or amended standards, the commissioner, in
consultation with the secretary of natural resources, shall set efficiency
standards upon a determination that increased efficiency standards would
serve to promote energy conservation in the state and would be cost-effective
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for consumers who purchase and use those products, provided no new or
increased efficiency standards shall become effective within one year
following the adoption of any amended rules providing for such increased
efficiency standards. The commissioner may apply for a waiver of federal
preemption in accordance with federal procedures (42 U.S. Code § 6297(d))
for those products regulated by the federal government.
§ 2798. TESTING, CERTIFICATION, LABELING, AND ENFORCEMENT
(a) The commissioner, in consultation with the secretary of natural
resources, shall adopt procedures for testing the energy efficiency of the new
products covered by section 2794 of this title if such procedures are not
provided for in the residential building energy standards adopted under
21 V.S.A. § 266. The commissioner shall use U.S. Department of Energy
approved test methods, or in the absence of such test methods, other
appropriate nationally recognized test methods. The manufacturers of these
products shall cause samples of their products to be tested in accordance with
the test procedures adopted pursuant to this chapter or those specified in the
residential building energy standards.
(b) Manufacturers of new products covered by section 2794 of this title
shall certify to the commissioner that these products are in compliance with the
provisions of this chapter. The commissioner shall adopt rules governing the
certification of those products and may coordinate with the certification
programs of other states with similar standards.
(c) Manufacturers of new products covered by section 2794 of this title
shall identify each product offered for sale or installation in the state as being
in compliance with the provisions of this chapter by means of a mark, label, or
tag on the product and packaging at the time of sale or installation. The
commissioner shall adopt rules governing the identification of these products
and packaging which shall be coordinated to the greatest practical extent with
the labeling programs of other states and federal agencies with equivalent
efficiency standards.
(d) The commissioner may test products covered by section 2794 of this
title. If any product so tested is found not to be in compliance with the
minimum efficiency standards established under section 2795 of this title, the
commissioner shall:
(1) Charge the manufacturer of that product for the cost of product
purchase and testing.
(2) Make information available to the public on products found not to be
in compliance with the standards.
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(e) The commissioner may cause periodic inspections to be made of
distributors or retailers of new products covered by section 2794 of this title in
order to determine compliance with the provisions of this chapter. The
commissioner shall also coordinate with the residential buildings energy
standard program regarding inspections for new products that are also covered
by that program.
(f) The commissioner shall investigate complaints received concerning
violations of this chapter and shall report the results of such investigations to
the attorney general. The attorney general may institute proceedings to enforce
the provisions of this chapter. Any manufacturer, distributor, or retailer who
violates any provision of this chapter shall be issued a warning by the
commissioner for any first violation. Repeat violations shall be subject to a
civil penalty of not more than $250.00. Each violation shall constitute a
separate offense, and each day that such violation continues shall constitute a
separate offense. Penalties assessed under this subsection are in addition to
costs assessed under subsection (d) of this section.
(g) The commissioner is hereby granted the authority to adopt such further
rules as necessary to ensure the proper implementation and enforcement of the
provisions of this chapter.
Sec. 6. STANDARDS FOR INTERCONNECTION OF DISTRIBUTED
GENERATION
On or before September 1, 2004, the Public Service Board shall
establish, by rule or order, standard provisions, including applicable fees to
be paid by the qualified distributed generator, for agreements providing for
interconnection between the facilities of an electric company under the
jurisdiction of the Board and the facilities of a qualified distributed
generator. The applicable safety, power quality, and interconnection
requirement rules adopted by the Board pursuant to section 219a of this title
shall be utilized in addition to any other requirements necessary to protect
public safety and system reliability. The Board may provide that such
interconnection agreements may be conditioned in instances where
interconnection would cause electric instability on the facilities of the local
distribution grid. For the purposes of this section, "qualified distributed
generator" means an electrical generator that has a capacity of less than 50
megawatts, and that is either:
(1) a renewable generator as defined in section 8002 of this chapter;
or
(2) a generator that is part of a combined heat and power application
providing an overall conversion efficiency of 65% or greater.
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Sec. 7. ELECTRICITY RELIABILITY POLICY
It shall be the policy of the state of Vermont, in negotiations and policymaking at the New England Independent System Operator, in proceedings
before the Federal Energy Regulatory Commission, and in all other relevant
venues, to support an efficient reliability policy, as follows:
(1) When cost recovery is sought through regionwide regulated rates or
uplift tariffs for power system reliability improvements, all available resources
– transmission, strategic generation, targeted energy efficiency, and demand
response resources – should be treated comparably in analysis, planning, and
access to funding.
(2) A principal criterion for approving and selecting a solution should be
whether it is the lowest-cost solution to a system need on a total cost basis.
(3) Ratepayers should not be required to pay for system upgrades in
other states that do not meet these least-cost and resource-neutral standards.
(4) For reliability-related projects in Vermont, subject to the review of
the public service board, regional financial support should be sought and made
available for transmission or distributed resource alternatives to transmission
on a resource-neutral basis.
(5) The public service department, public service board, and attorney
general shall advocate for these policies in negotiations and proceedings before
the New England Independent System Operator, the New England Regional
Transmission Operator, the Federal Energy Regulatory Commission, and all
other appropriate regional and national forums.
(6) In addressing reliability problems for the state’s electric system,
Vermont distribution utilities and transmission companies shall seek regional
cost support for the lowest cost solution with equal consideration and treatment
of all available resources, including transmission, strategic distributed
generation, targeted energy efficiency, and demand response resources on a
total cost basis.
(7) The department of public service shall develop and the public
service board shall review and adopt a comprehensive, long-term evaluation
and plan of Vermont’s transmission system’s future reliability needs and
alternative distributed resource solutions on or before December 1, 2005, with
identification of the responsibilities of distribution and transmission companies
to implement the plan.
Sec. 8. 30 V.S.A. § 218d(n) is added to read:
(n) The public service board shall by rule or general order establish
standards and procedures for revising the rate designs of distribution electric
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companies to ensure that the financial success of distribution utilities between
rate cases is not linked to increased sales to end-use customers and is not
harmed by decreases in such sales, especially decreases due to improvements
in end-use energy efficiency by Vermont customers. The board shall issue a
proposed rule or general order to implement this section by December 1, 2004.
(Committee vote: 5-2-0)
S. 281
An act relating to a civics education program.
Reported favorably with recommendation of amendment by Senator
Condos for the Committee on Education.
The Committee recommends that the bill be amended by striking out all
after the enacting clause and inserting in lieu thereof the following:
Sec. 1. 2 V.S.A. chapter 13, subchapter 6 is added to read:
Subchapter 6. Civics Education
§ 431.
CIVICS EDUCATION; DEVELOPMENT OF PROGRAMS,
MATERIALS, AND ACTIVITIES
(a) The general assembly believes that civics education is vital to the future
of our democracy. Involvement in the democratic process through interaction
with adults who are engaged in the process and observation of our
representatives and senators at work is one of the best ways to demonstrate the
importance of public participation in a representative democracy. Because
Vermont is small, we can offer the opportunity to every student to visit our
capitol complex and meet with legislators during their school years.
(b) Therefore, the legislative council shall develop and implement civics
education programs, materials, and activities which facilitate connections
between legislators and Vermont’s young people, and maximize use of the
capitol complex and its resources for the purpose of educating our future
citizens and leaders about representative democracy. Programs shall be
designed to engage young people in democratic processes, increase their
understanding of democratic principles, and inspire participation at various
levels of government.
(c) In order to aid it in the development and implementation of civics
education programs, the council may appoint an advisory committee made up
of educators and others who may be able to provide guidance and advice.
(d) Programs, materials, and activities available to school groups as well as
other groups, such as scouting groups, boys’ and girls’ state, and afterschool
programs, may include:
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(1) activities in which students visiting the state house may participate,
such as a pre-visit discussion of a pending bill with a local legislator, a mock
legislative session either in the school or at the state house, and observation of
a legislative committee discussing a bill of interest to the students;
(2) materials and activities that teachers and group leaders or legislators,
or both, may use in the classroom or in the state house;
(3) a website which provides links to educational materials and
curricular ideas, facilitates connections among teachers and group leaders and
legislators, and helps teachers and group leaders to use the state house to teach
their students about the democratic process; and
(4) other programs, materials, or activities designed to educate young
Vermonters about our democratic system and to inspire them to participate in
the process as adults.
(e) In addition, the council may:
(1)
work with education agencies and organizations to create
professional development opportunities for teachers who wish to learn more
about the best practices of civics education and how to maximize the resources
of the capitol complex and the legislature;
(2) work with education agencies and organizations to develop a
philosophy and mission statement for civics education in Vermont;
(3) promote Vermont’s framework of standards on civic and social
responsibility, citizenship, and government and other standards where
appropriate;
(4) coordinate activities in the legislature with the state curator and
sergeant at arms;
(5) promote interactions between students and legislators;
(6) publicize the availability of civics educational resources to the
educational community;
(7) work with other historical and governmental institutions to develop
related field trip activities;
(8) assist school districts to identify needs in the area of civics
education;
(9) gather and create innovative, standards-based civics materials for the
classroom that model putting issues in historical context, connecting politics to
economics, geography, and culture, and using democratic processes;
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(10) develop materials packets that cover select, current legislative
issues, including student-initiated legislation; and
(11) connect government activities to community service and show how
the political process has been and can be an effective tool for change.
Sec. 2. APPROPRIATION
The amount of $80,000.00 is appropriated to the legislative council in fiscal
year 2005 for the purpose of developing and carrying out a civics education
program pursuant to 2 V.S.A. § 431.
(Committee vote: 5-0-0)
S. 308
An act relating to compliance with the no child left behind act.
Reported favorably with recommendation of amendment by Senator Miller
for the Committee on Education.
The Committee recommends that the bill be amended by striking out all
after the enacting clause and inserting in lieu thereof the following:
Sec. 1. 16 V.S.A. § 144b is amended to read:
§ 144b. FEDERAL EDUCATION AID FUNDS; ADMINISTRATION
(a) The state board of education, as sole state agency, may administer such
federal funds as may be made available to the state under Public Law 89-10,
known as the Elementary and Secondary Education Act of 1965 as amended,
and Public Law 107-110, known as the No Child Left Behind Act of 2001.
Those funds may be accepted and shall be distributed and accounted for by the
state treasurer in accordance with that law and rules and regulations of the
United States issued under it if there is conflict between that law or those rules
and regulations and the laws of this state.
(b) For purposes of distribution of funds under this section, a supervisory
union or supervisory district shall be a local education agency as that term is
defined in 20 U.S.C. § 7801(26).
(c) For purposes of determining pupil performance and application of
consequences for failure to meet standards and for provision of compensatory
and remedial services pursuant to 20 U.S.C. §§ 6311-6318, a school district
shall be a local education agency.
Sec. 2. 16 V.S.A. § 261a(4) and (6) are amended to read:
(4) in accordance with criteria established by the state board, establish a
plan for receiving and disbursing federal and state funds distributed by the
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department of education, including funds awarded under P.L. 89-10, the
Elementary and Secondary Education Act of 1965 as amended;
(6) provide or, if agreed upon by unanimous vote at a supervisory union
meeting, coordinate provision of the following educational services on behalf
of member districts:
(A) special education;
(B) except as provided in section 144b of this title, compensatory and
remedial services; and
(C) other services as directed by the state board and local boards;
Sec. 3. 16 V.S.A. § 563(26) is added to read:
(26) Shall carry out the duties of a local education agency, as that term
is defined in 20 U.S.C. § 7801(26), for purposes of determining pupil
performance and application of consequences for failure to meet standards and
for provision of compensatory and remedial services pursuant to 20 U.S.C. §§
6311-6318.
Sec. 4. Sec. 2 of No. 64 of the Acts of 2003 is amended to read:
Sec. 2. COMPLIANCE WITH FEDERAL REQUIREMENTS; MEASURING
ADEQUATE YEARLY PROGRESS TOWARD ACHIEVING STATE
STANDARDS; CONSEQUENCES
16 V.S.A. § 165 authorizes the commissioner of education to determine
how well schools and students are meeting state standards every two years and
to impose certain consequences if schools are failing to meet standards after
specific time periods. Notwithstanding the provisions of that section, in order
to comply with the provisions of Public Law 107-110, known as the No Child
Left Behind Act of 2001, during school years 2003-2004 and 2004-2005
through 2005-2006, the commissioner is authorized to determine whether
schools and school districts are meeting state standards annually and the state
board of education is authorized to impose on schools and school districts
consequences allowed in state law and required by the Act within the time
frame required in the Act. However, consistent with Title IX, Part E,
Subpart 2, Sec. 9527 of the No Child Left Behind Act, neither the state nor any
subdivision thereof shall be required to spend any funds or incur any costs not
paid for under the Act in order to comply with the provisions of the Act. The
state or any subdivision thereof may expend other funds for activities they
were already conducting consistent with the Act, or for activities authorized in
a state or local fiscal year 2004 budget. It is the intent of the general assembly
to continue to study the provisions of the federal law and to seek guidance
from the federal government in order to determine permanent changes to Title
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16 that will be necessary to comply with federal law and to avoid having
federal law cause state and local governments to absorb the cost of unfunded
mandates.
Sec. 5. Subsections (b), (c), and (e) of Sec. 3 of No. 64 of the Acts of 2003 are
amended to read:
(b) Notwithstanding the provisions of 16 V.S.A. §§ 1075(e), 1093, and
1128(b) which stipulate that a child of parents who become homeless shall be
educated in the school district in which the child is found and that a school
district may choose not to accept nonresident pupils, in order to comply with
the provisions of Public Law 107-110, known as the No Child Left Behind Act
of 2001, the provisions of this section shall apply to children who are homeless
during school year years 2003-2004 through 2005-2006. It is the intent of the
general assembly to continue to study the provisions of the federal law and to
seek guidance from the federal government in order to determine permanent
changes to Title 16 that will be necessary to comply with federal law.
(c) If a child becomes homeless during school year 2003-2004, 2004-2005,
or 2005-2006, the child shall either be educated: in the school of origin for the
duration of the homelessness or for the remainder of the academic year if the
child becomes permanently housed outside the district of origin; or in the
school district in which the child is actually living. The determination as to
which school the child shall attend shall be made by the school board of the
school district in which the child is living according to the best interests of the
child.
(e) Notwithstanding the provisions of 16 V.S.A. § 4001(1)(A) which
stipulate that a pupil must be a legal resident of the district attending a school
owned and operated by the district in order to be counted in the average daily
membership of the district, during the 2003-2004 school year through
2005-2006 school years, a child who is homeless during the census period shall
be counted in the school district or districts in which the child is enrolled.
However, if at any time a homeless child enrolls, pursuant to this section, in a
school district other than the district in which the child was counted, the
district in which the child is enrolled shall become responsible for the
education of the child, including payment of education services and, if
appropriate, development and implementation of an individualized education
plan.
(Committee vote: 5-0-0)
CONFIRMATIONS
The following appointment will be considered by the Senate, as a group,
under suspension of the Rules, as moved by the President pro tempore, for
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confirmation together and without debate, by consent thereby given by the
Senate. However, upon request of any senator, any appointment may be
singled out and acted upon separately by the Senate, with consideration given
to the report of the Committee to which the appointment was referred, and with
full debate; and further, all appointments for the positions of Secretaries of
Agencies, Commissioners of Departments, Judges, Magistrates, and members
of the Public Service Board shall be fully and separately acted upon.
James Postma of Burlington – Member of the Valuation Appeals Board –
By Senator Ayer for the Committee on Finance. (2/17)
PUBLIC HEARINGS
Thursday, February 26, 2004 – House Chamber – 7:00 P.M. – End of Life
Care: Choices and Challenges – Senate and House Committees on Health and
Welfare.
REPORTS ON FILE
Pursuant to the provisions of 2 V.S.A. §20(c), one (1) copy of the following
reports is on file in the office of the Secretary of the Senate:
95.
96.
2004).
Park and Ride Study. (Agency of Transportation). (February 2004).
Vermont State Housing Authority 2003 Annual Report. (February
97. Protection of Highways; Flow Design. (Agency of Transportation,
Program Development Division). (February 2004).
98. Financial integrity of the State employees’ and teachers’ retirement
systems. (Dept. of Finance and Management). (February 2004).
99. Joint housing committee 2003-2004 report. (Legislative Council).
(February 2004).
100. Recommendations for Legislation on Dams. (Agency of Natural
Resources, Dept. of Environmental Conservation, Facilities Engineering
Division). (February 2004).
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