AIAVT Legislative Recap 2024

On behalf of the AIAVT Public Policy Committee (PPC), I am pleased to report on the 2024 legislative session after our first year with a Lobbyist.  No question- IT WAS INCREDIBLE.  For the last few years, we have been getting as close to the action as volunteers/spectators can.  This year, it felt like we were on the field of play with a guide to show us what was really going on.  This guidance came in the form of Andrew Brewer from the law offices of DRM.  Andrew is well respected in Montpelier and very knowledgeable in the specific areas of our interests.  He was able to immediately integrate with our Committee and quickly became invaluable.

As we had hoped, our voices were indeed amplified. Andrew attended all of our PPC meetings and walked us through all the bills that we thought might be of interest to AIAVT.  He let us know which ones were on the move, or not.  We were consistently better able to focus our comments and position statements directly toward the key legislators involved in committee reviews.  More importantly, we were able to reach out at the exact time our information would be helpful to their consideration of these important agenda items including ACT250, Housing, RBES/CBES, DFS oversight, School construction aid, and other bills affecting the health, safety and welfare of all Vermonters.  The session closed with more AIAVT members being placed on summer study committees and invitations to meeting groups on these topics and more.  We remain deeply engaged in efforts to make our collective voices heard in Montpelier and to offer the specific expertise our AIA chapter is willing and able to provide.

A special thanks to several PPC members that testified one or more times this past session or have participated tirelessly on study committees.  Please recognize Bob Duncan, Sandy Vitzthum, David Epstein, Matt Bushey, Tom Bursey, and Donna Leban.

For anyone interested in joining the PPC and getting in on the action, now is the time!  Please contact Sarah O’Donnell or me directly.  If you are just looking for a good read, continue on to the Legislative Summary prepared by Andrew.

Finally, I would like to acknowledge the AIAVT Board of Directors and the AIAVT membership for their vision to recognize the benefits of having a lobbyist and for their generous support in making this a reality. Thank you to the firms and individuals who contributed to AIAVT’s Advocacy Fundraising efforts. The money we raised meant we could hire DRM and  considerably increase our effectiveness at the State House.  We look forward to continuing our efforts again next year in the second half of the biennial session. Please help us continue this important work by making a contribution towards next year’s efforts.

Respectfully submitted,

John Alden, AIAVT, PPC Chair

2024 Legislative Summary

VETO OVERRIDE SESSION

The legislature officially wrapped up the 2023/2024 legislative biennium on June 17^th by responding to vetoed bills from Governor Scott. Now, legislators and candidates will turn their attention to the August primaries and the November general election.

With a required two-thirds vote of members present in both the House and Senate, legislators overrode six of seven vetoed bills up for consideration. Only H.121, the data privacy bill, narrowly missed an override in the Senate.

Yield Bill

The most anticipated override vote was H.887, known as the "yield bill" which sets the state property tax rates for education. With little debate, the legislature overrode the Governor’s veto, passing Act 183 which will result in a statewide average rate increase of 13.8% for residential and non-residential properties. To keep the increase lower than it might have been, the legislature added a 6% sales tax on Software as a Service, levied a 3% surcharge on short-term rentals and found $25 million in general fund surplus to help buy down the tax rates. 

Act 183 also establishes a Commission on the Future of Public Education to study and make recommendations for the statewide vision of public education in Vermont including governance, resources, administration, physical size and footprint, the role of public schools, and the education finance system.

Housing and Act 250 Modernization

Similarly, lawmakers voted to override the Governor’s veto of Housing/Act 250 bill Act 181 (H.687), marking the final passage of the historic compromise that has been a monumental undertaking for policymakers and stakeholders this session. There will be much work ahead in the next biennium as the new board is put in place, statewide mapping occurs and rules are established for a location-based jurisdiction approach that will see full and permanent exemptions in smart growth areas soon. There will be legislative opportunities to amend the law as the details begin to take shape. In the meantime, temporary Act 250 exemptions for housing will start immediately in certain designated areas.

Act 181 creates a new Land Use Review Board and sets up future legislative action on the development of a new tiering system for Act 250 including Tiers 1A, 1B, 2 and 3 - Tier 1A would have blanket exemptions from Act 250 and 1B would exempt housing development under 50 units on less than 10 acres. Tier 3 will include the state’s critical natural resource areas where automatic act 250 jurisdiction will apply, while Tier 2 will encompass the rest - and the bulk - of the state.  Permit appeals will remain with the Environmental Court for the time being. Immediately, the construction of up to 75 housing units in designated Town Centers, Growth Centers or Designated Neighborhood Development Areas will be exempt from Act 250 through January 1, 2027. 

Act 181 also reestablishes the “Road Rule” which brings development of a road longer than 800 feet, or total driveway and road development of 2,000 feet under Act 250 jurisdiction. Further, Act 181 strengthens regulations around intact forest blocks and forest fragmentation caused by development.

Renewable Energy Standard

Other veto overrides included the "Renewable Energy Standard" H.289 (Act 179) which aim to require power companies to move to net zero carbon sources by January 1, 2030 or participate in a credit program similar to the "Affordable Heat Act."
 

REGULAR SESSION

RBES

During the regular legislative session, AIAVT was very engaged with the update to Vermont’s Residential Building Energy Standards. Following a successful effort to delay implementation of new RBES by a year (rules were adopted June, 2023, but the effective date delayed to July 1, 2024), AIAVT participated in a summer study committee and had an active role in legislation this session. Subsequently, S.253 (Act 151) was passed into law.  The bill creates a working group to continue the work of increasing compliance with RBES, gives the Department of Public Service more discretion to update future versions of RBES and CBES when it is timely and appropriate, and directs the Office of Professional Regulation to ask for additional information from residential building contractors when they register.

While the bill fell short of AIAVT’s goal of establishing a state agency or office designated to interpret, administer and enforce RBES, it does create an ongoing working group to:  (1) recommend strategies and programs to increase awareness of and compliance with the RBES and CBES, including the use of appropriate certifications for contractors trained on the energy codes; (2) develop plans and recommendations for a potential transition to a comprehensive program for the RBES and CBES at the Divisions of Fire Safety, including potential funding sources; and (3) consider whether or not the State should adopt a statewide building code. The objective of working towards a state agency having official jurisdiction and resources to administer all residential construction will continue on. AIAVT is pleased to have Matt Bushey, AIA representing our organization as a member of the working group. Matt was an invaluable member of the AIAVT Energy Code Task Force, which met throughout 2023 to support Bob Duncan and Sandy Vitzthume in their work on the Building Energy Codes Legislative Study Committee, and we are excited to have him continue this work as a member of the Building Energy Codes Working Group.

While fully supportive of energy codes and their intended goals, AIAVT cited a lack of informative outreach by DPS to the building community, technical impracticalities with the code, and even an absence of a code book to follow as reasons why the RBES update was not ready to go into effect. Despite working very hard to secure an additional period of postponement so that these issues could be addressed, the 2024 RBES updates went into effect as of July 1, 2024.  There is also concern that the new rules underwent further changes after the official date of adoption by the Legislative Committee on Administrative Rules (LCAR). LCAR’s power to delay or stop a rule is limited, and notwithstanding the ire of committee members regarding the flawed rollout by DPS, the new code is now in effect.

AIAVT will continue to advocate for DPS to consult with the technical advisory committee charged with providing critical guidance on the new code and to make necessary changes, possibly through legislation or through the LCAR rules process again. Either path will take time. 

School Construction

Act No. 149 (H.871) – Passed into law. H.871 takes a critical step in revitalizing Vermont's state-level school construction aid program. It establishes the Facilities Master Plan Grant Program to assist supervisory unions in developing master plans for educational facilities that comply with state construction aid requirements. The Agency of Education will manage this program, which runs until June 30, 2029, prioritizing applications based on poverty levels and facility conditions. The act also mandates the Agency of Education and the Department of Buildings and General Services to create prequalification criteria for firms specializing in K-12 school design and construction.

Additionally, the act forms the State Aid for School Construction Working Group to design a statewide school construction aid program, with recommendations due by December 15, 2024. This working group includes legislators and the Secretary of Education. The act also raises the threshold for school construction contracts requiring public bids from $500,000 to $2,000,000, allowing school boards to select from three or fewer lowest responsible bids instead of requiring at least three bids. David Epstein, AIA, was appointed to the School Construction Task Force in 2023, where he was a key member of the group and acted as a liaison to members of AIAVT’s PPC, keeping our committee informed. David  will continue to make himself available as a resource to the members of the new working group.
 

Labor Bills

S.102, an act relating to expanding employment protections and collective bargaining rights went into law without the Governor’s signature on 5/28/24. An employer shall not penalize or discriminate against an employee because they decline to attend or participate in an employer sponsored meeting that has the primary purpose of communicating the employer opinion about religious or political matters. Effective date: July 1, 2024

H.704 was signed into law on June 4, 2024 and will require most written job advertisements to include certain information regarding the type and range of monetary compensation that an employer expects to offer. The Act also requires the Attorney General’s office to publish guidance on the law’s requirements for both employers and employees. Effective date: July 1, 2025.