This bill has been passed: Click here for more information.
Requires the Agency of Natural Resources, the Land Use Panel, or the Natural Resources Board to publish draft assurances of discontinuance (AODs) or administrative orders (AOs) for notice on the relevant website and provide at least 20 days during which an aggrieved person may comment on them. The bill prohibits the state from signing an AOD or AO until any additional filings or proceedings are complete, including those made subsequent to a timely motion for intervention. The bill also allows for public notice and comment on certain environmental tickets issued by the Agency of Natural Resources.
Requires the Agency of Natural Resources, the Land Use Panel, or the Natural Resources Board to publish draft assurances of discontinuance (AODs) or administrative orders (AOs) for notice on the relevant website and provide at least 20 days during which an aggrieved person may comment on them. The bill prohibits the state from signing an AOD or AO until any additional filings or proceedings are complete, including those made subsequent to a timely motion for intervention. The bill also allows for public notice and comment on certain environmental tickets issued by the Agency of Natural Resources.
Status: In Natural Resources and Energy
Updated Notes: FOVLAP has learned from the Agency of Natural Resources’ Environmental Enforcement Division Director that as a state agency delegated by the USEPA to enforce the Clean Water Act and other federal laws, VTDEC is required to provide an opportunity for public participation in environmental enforcement proceedings. In the past there has not been an opportunity for public participation; this bill would correct that deficiency. The VTDEC participated in the drafting of this bill, supports it, and does not believe that it will delay enforcement in any significant way.
March 13: Still in House Natural Resources and Energy, which has been hearing testimony on the bill.
March 27: On March 22, pending the reading of the Natural Resources and Energy Committee’s report, on a motion of Rep. Ellis of Waterbury, House action on the bill was postponed until March 29. On March 24, Rep. Grad of Moretown moved to suspend the rules to take the bill up for immediate consideration and subsequently moved to commit the bill to the Judiciary Committee.
April 10: On April 8, the bill was placed on the House Action Calendar. This action was postponed until April 12 as moved by Rep. Ellis of Waterbury.
April 24: On April 12 an amendment recommended by the House Natural Resources and Energy Committee, further amended by the House Judiciary Committee, was approved and the bill was read for the second time. On April 13, numerous amendments were offered and disagreed to prior to the third reading of the bill. Rep. Kilmartin of Newport City moved to amend the bill by slightly changing the definition of “post,” which was agreed to. The bill was then read for the third time and passed the House with a roll call vote of 109 Yeas, 25 Nays. On April 15 it was read for the first time in the Senate and referred to the Senate Committee on Rules. To view the bill as passed by the House, go to http://www.leg.state.vt.us/docs/2012/bills/House/H-258.pdf
May 8, 2011: Still in Senate Committee on Rules
January 10, 2012: Senate Committee on Rules relieved of the bill and bill committed to Senate Natural Resources and Energy Committee.
January 26, 2012: Read on the floor of the Senate for the 2nd time, reported to the Senate favorably with proposal of amendment by Senator Lyons for Committee on Natural Resources and Energy. Consideration was interrupted by adjournment.
