Vermont
After ‘tragic’ election losses, Democrats in the Vermont Senate oust their majority leader – VTDigger
MONTPELIER — Two and a half weeks after Vermont voters eviscerated their supermajority, Senate Democrats convened Saturday to reflect on their election losses and chart a new course ahead of the 2025 legislative session. They voted to retain one top leader — but jettisoned another.
Saturday’s caucus at the Statehouse was the first time Democratic senators-elect had gathered after what Sen. Becca White, D-Windsor, called “an exceptionally difficult, tragic election night.” Republican candidates flipped six Senate seats, ousting three incumbents, and established a new partisan breakdown in the chamber of 17-13 — the narrowest margin Democrats have held in nearly a quarter-century.
Seeing a need to change course, the caucus on Saturday voted out its incumbent majority leader, Sen. Alison Clarkson, D-Windsor, who has held the post for four years. In her place, they elected Sen. Kesha Ram Hinsdale, D/P-Chittenden Southeast.
All of the votes Saturday were conducted by secret ballot. Democrats elected Ram Hinsdale their new majority leader by a vote of 9-7, with one member abstaining.
In his nominating speech for Ram Hinsdale, Sen. Andrew Perchlik, D/P-Washington, echoed what had already become a common refrain in the room Saturday morning: that on the campaign trail, Vermont Democrats failed at messaging and communicating to voters and combatting criticism from their Republican challengers and Gov. Phil Scott, also a Republican.
Perchlik said of Ram Hinsdale, “I don’t think there is anybody in this room that’s better at communication and messaging.”
He said he would also be “honest” about “the criticism that I heard of Sen. Ram Hinsdale, and one that I’ve had myself, and that is that she’s a bit of an overachiever, and she’s ambitious.”
“I think that maybe there’s positions where you don’t want those characteristics in a person,” Perchlik said. “But I think we’re talking about electing a political leader, for a political caucus, in a political body, working in politics, and we want somebody that is ambitious.”
With her new leadership position, Ram Hinsdale will most likely forfeit her current position as chair of the Senate Committee on Economic Development, Housing and General Affairs — a post from which she has been able to shape major policies in the chamber. That’s because of a longstanding tradition in the Senate, dating back to 1997, of caucus leaders not chairing policy committees to prevent them from accumulating too much power.
Ram Hinsdale tried to change that tradition on Saturday. In an unusual move, senators voted on a piece of internal guidance that would have allowed caucus leaders to serve as committee chairs, as well. Ram Hinsdale urged her colleagues to vote yes.
In a speech to her colleagues urging their ‘yes’ votes, Ram Hinsdale chalked up the question to “basic math” in the 30-member chamber.
“We have 17 members of our caucus. When you subtract our new members … you land with 14 members of our caucus, and you subtract the rest of the (leadership) positions … you’re left with 11. Eleven Democrats to distribute leadership roles in each position,” Ram Hinsdale said. “There are 11 committees.”
From a “simple mathematical perspective,” she concluded, upholding the 27-year-old tradition would be “putting colleagues from the other side of the aisle further in line for a leadership role overseeing our policy agenda, frankly.”
Clarkson, who made the initial push for the caucus to vote on the matter Saturday, said that, given the 17-13 makeup of the Senate, that’s fair. Already, Sen. Russ Ingalls, R-Essex, chairs the Senate Institutions Committee.
“This is nothing new, and nothing new with these numbers,” Clarkson said. “Given the number of Republicans that have been elected, it makes sense that there will be at least one — we’ve always had at least one Republican chair — and … my guess is there will be a second.”
What’s important to Clarkson, she said, is “empowering our caucus and empowering individual growth. I think it’s essential that we grow our leadership in this caucus.”
Ultimately, senators voted 9-6, with two abstentions, to defeat the proposed change to allow a caucus leader to also serve as a committee chair.
Democrats also opted not to make a change at the top of the Senate’s hierarchy.
Senate President Pro Tempore Phil Baruth, D/P-Chittenden Central, faced no challenger from within the caucus for his nomination to serve a second biennium leading the Senate. As the Democratic caucus’s nominee, Baruth will face a vote by all 30 members of the Senate on the first day of the 2025 legislative session in January.
But even within the caucus, his nomination was not unanimous. Fifteen senators voted ‘yes’ to renominate Baruth to the post, while two abstained. Following the vote, Baruth said that 15-2 is “a number that we should all have in our minds going forward, because if we vote 15-2 on the floor, we lose whatever bill is in front of us.”
With 13 Republicans in the chamber, Baruth noted that two Democrats splitting from the caucus would create a 15-15 tie on the floor. Republican Lt. Gov.-elect John Rodgers would then break such a tie.
“I understand I did not get a unanimous vote, that two people had their reasons,” Baruth said. “Every bill that comes to you, you may have reasons why you might not want to vote for it. But we’re in a situation where the good of the caucus and the bills that you want to pass out of your committee are going to need you to be a little more amenable to other people’s bills. You’re going to have to stretch sometimes.”
Also on Saturday, Democrats elected White the caucus’s new whip, with 14 voting in favor and three abstaining. Perchlik, who had previously held the post, did not seek it again.
Democrats also nominated Sen. Ginny Lyons, D-Chittenden Southeast, to serve as the third member of the powerful, three-member Committee on Committees.
That panel, which also includes the pro tem and lieutenant governor, draws up Senate committee assignments and chairmanships, playing a major role in choreographing the chamber’s policy direction. Sixteen Democratic senators-elect voted in favor of Lyons’ nomination, while one abstained. Lyons will also face a vote on the Senate floor in January before she can claim the title.
She would replace retiring Sen. Jane Kitchel, D-Caledonia, who held the position only briefly after the resignation last year of longtime Sen. Dick Mazza, D-Grand Isle.
After selecting caucus leaders, senators-elect then shared with one another their priorities for the upcoming legislative session. They each rattled off a familiar list of policy goals — chief among them, to reduce Vermonters’ property tax burden and reform the state’s education finance structure.
Baruth told his caucus that he sees the state’s property tax conundrum as a “de facto emergency” — and said he plans to treat it as such from the first day of session. He proposed to clear the agendas of the Senate’s education, finance and appropriations committees at the start of the session, and offer a full week of testimony to the Scott administration to hear solutions from the governor himself.
The idea, Baruth said, would be to reach an agreement between the Republican administration and Democratic majorities at the start of the session, rather than the end. No longer holding a supermajority, legislative Democrats won’t be able to reliably override a veto from Scott — and so “no one is going home without a Phil Scott-approved tax plan,” Baruth said.
“If there is a message in this election, I believe it was that the voters wanted the governor’s ideas moved to the top of the agenda,” Baruth said. “That is literally what I’m suggesting.”
Vermont
Vermont state police seek help locating 60-year-old Enosburg man – Newport Dispatch
ENOSBURG — Vermont State Police are seeking assistance in locating John Reynolds, 60, who has not been seen since Nov. 13.
Reynolds is believed to be in the Enosburg/Berkshire area.
While there are no signs that he is in immediate danger or that his absence is under suspicious circumstances, concerns have been raised regarding his welfare.
Authorities are urging anyone who might have information about Reynolds’ whereabouts to reach out to the VSP St. Albans at (802) 524-5993.
Vermont
US Chamber, oil industry sue Vermont over law requiring companies to pay for climate change damage
The U.S. Chamber of Commerce and a top oil and gas industry trade group are suing Vermont over its new law requiring that fossil fuel companies pay a share of the damage caused over several decades by climate change.
The federal lawsuit filed Monday asks a state court to prevent Vermont from enforcing the law, which was passed last year. Vermont became the first state in the country to enact the law after it suffered catastrophic summer flooding and damage from other extreme weather. The state is working to estimate the cost of climate change dating back to Jan. 1, 1995.
The lawsuit argues the U.S. Constitution precludes the act and that the state law is preempted by the federal Clean Air Act. It also argues that the law violates domestic and foreign commerce clauses by discriminating “against the important interest of other states by targeting large energy companies located outside of Vermont.”
The Chamber and the other plaintiff in the lawsuit, the American Petroleum Institute, argue that the federal government is already addressing climate change. And because greenhouse gases come from billions of individual sources, they argue it is impossible to measure “accurately and fairly” the impact of emissions from a particular entity in a particular location over decades.
“Vermont wants to impose massive retroactive penalties going back 30 years for lawful, out-of-state conduct that was regulated by Congress under the Clean Air Act,” said Tara Morrissey, senior vice president and deputy chief counsel of the Chamber’s litigation center. “That is unlawful and violates the structure of the U.S. Constitution — one state can’t try to regulate a global issue best left to the federal government. Vermont’s penalties will ultimately raise costs for consumers in Vermont and across the country.”
A spokesman for the state’s Agency of Natural Resources said it had not been formally served with this lawsuit.
Anthony Iarrapino, a Vermont-based lobbyist with the Conservation Law Foundation, said the lawsuit was the fossil fuel industry’s way of “trying to avoid accountability for the damage their products have caused in Vermont and beyond.”
“More states are following Vermont’s lead holding Big Oil accountable for the disaster recovery and cleanup costs from severe storms fueled by climate change, ensuring that families and businesses no longer have to foot the entire bill time and time again,” Iarrapino added.
Under the law, the Vermont state treasurer, in consultation with the Agency of Natural Resources, is to issue a report by Jan. 15, 2026, on the total cost to Vermonters and the state from the emission of greenhouse gases from Jan. 1, 1995, to Dec. 31, 2024. The assessment would look at the effects on public health, natural resources, agriculture, economic development, housing and other areas. The state would use federal data to determine the amount of covered greenhouse gas emissions attributed to a fossil fuel company.
It’s a polluter-pays model affecting companies engaged in the trade or business of extracting fossil fuel or refining crude oil attributable to more than 1 billion metric tons of greenhouse gas emissions during the time period. The funds could be used by the state for such things as improving stormwater drainage systems; upgrading roads, bridges and railroads; relocating, elevating or retrofitting sewage treatment plants; and making energy efficient weatherization upgrades to public and private buildings. It’s modeled after the federal Superfund pollution cleanup program.
The approach taken by Vermont has drawn interest from other states, including New York, where Gov. Kathy Hochul signed into law a similar bill in December.
The New York law requires companies responsible for substantial greenhouse gas emissions to pay into a state fund for infrastructure projects meant to repair or avoid future damage from climate change. The biggest emitters of greenhouse gases between 2000 and 2018 would be subjected to the fines.
Vermont
With major changes to Act 250 underway, a new board takes the reins
This story, by Report for America corps member Carly Berlin, was produced through a partnership between VTDigger and Vermont Public.
Gov. Phil Scott has appointed the members of a new board that will administer Act 250, Vermont’s statewide development review law.
The new Land Use Review Board replaces the old Natural Resources Board, a shift mandated under Act 181, a major land-use reform law passed last year. That law takes steps to relax Act 250’s reach in existing downtowns and village centers across the state, and also lays the groundwork for extending Act 250’s protections in areas deemed ecologically sensitive.
But the new law also changes how Act 250 is administered. The Land Use Review Board is made up of five full-time members with relevant professional experience — a significant change from the former citizen-board structure. The new members have backgrounds in municipal and regional planning, environmental law, and civil engineering. The review board will also play a key role in overseeing a years-long mapping process that will cement Act 250’s jurisdiction in the future. (Regional district offices still make permitting decisions on individual projects, however).
“Vermont faces a significant housing crisis and the work of this board will play a very important role in helping us address it, while protecting our beautiful landscape and environment,” Scott said in a statement announcing the appointments earlier this week. “I’m confident this board has the diverse expertise, work ethic, and passion to tackle the work that’s required in Act 181 while also forwarding common sense improvements to the law to further our shared goals.”
The new board chair, Janet Hurley, currently serves as the assistant director and planning program manager for the Bennington County Regional Commission. Before that, she worked as a local planner throughout the state, in Manchester, South Burlington, Milton, and Westford, according to a press release from Scott’s office.
Since Act 250 was enacted in 1970, “it can certainly be credited with saving Vermont from rampant development,” Hurley said in an interview. “But it can also certainly be responsible for the depth of our housing crisis, because the burden of Act 250 permitting — often duplicative, especially in our town and village centers — just made housing development that’s affordable much more difficult to achieve for so many years.”
In the past, new housing projects would trigger Act 250 review based on how large they were, and how many homes a developer had already built in a given area during a given timeframe. That system could in fact lead to the sprawl it was trying to prevent, prompting developers to avoid bumping up against Act 250 permitting by building “smaller scale, single family home development dispersed around our towns and villages,” Hurley said.
Act 181 shifts the permitting program toward “location-based jurisdiction,” meaning some areas of the state that already have robust local zoning review and water and wastewater infrastructure could be exempt from Act 250 altogether. That new system will take years to implement, though, and the transition will be one of the board’s primary tasks.
As that longer process plays out, lawmakers made temporary exemptions to Act 250 last year. They were designed to encourage dense housing in already-developed areas, and so far, the carve-outs appear to be working as intended. Hurley thinks loosening Act 250’s rules around housing will make a big difference.
“The market just can’t bear the cost of construction at this point, and so any relief to the financing of new housing development is going to be meaningful,” Hurley said.
More from Vermont Public: Vermont loosened Act 250 rules for housing. Here’s where developers are responding
Still, members of the board think Act 250 will continue to play an important role in years to come.
“The housing crisis requires us to act swiftly, and that means a lot more housing, period,” said Alex Weinhagen, current director of planning and zoning in Hinesburg and another new board member. “But larger projects have impacts, and the whole point of having a development review process is to make sure that we acknowledge those and that the projects, you know, do what they can to minimize them.”
To Weinhagen, Act 181’s goals were to reform statewide development review so that “it’s smarter, it works better, it’s applied consistently across the state, and it’s only used when it’s needed — and not used in places where there’s adequate local level development review happening,” he said.
The board will study whether appeals of Act 250 permits should be heard by the board itself — or continue to be heard in state environmental court. Legislators and administration officials hotly debated the issue last session, arguing over which option would in fact speed up lengthy appeal timelines, and ultimately directed the new board to assess it further.
The other members of the new board include L. Brooke Dingledine, an environmental attorney in Randolph; Kirsten Sultan, an Act 250 district coordinator in the Northeast Kingdom with a background in engineering; and Sarah Hadd, a former local planner and current town manager for Fairfax, according to the press release.
The new board appointments took effect on Jan. 1, and the board will begin its work on Jan. 27.
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