Paying for Gold, Getting Dirt?
The “three-acre rule” is a single paragraph added in the Clean Water Act, 10 VSA 1264(c)(7). It requires existing property owners with a total of 3 or more impervious acres on their property permitted before 2002 to get a new storm water permit to remediate the runoff from their property at their own expense and usually on their own property. Based on testimony taken in the House Environment Committee, the 677 affected sites which include residential developments, commercial properties, schools, and four of our popular fairgrounds only represent about 3% of all properties in Vermont. Moreover, this 3-acre mechanism accounts for only 0.8% of the total Phosphorus reduction into Lake Champlain. Based on the testified costs of these permitted projects, the average cost to prevent a single kilogram of phosphorus (about 2.2 pounds of dirt) from flowing into the lake is about $100,000. This is the same price as the current market rate of gold! We're paying for gold and getting dirt! This statute is retroactively extracting the per-pound-price of gold from a tiny percentage of Vermonters that don't even live near the lake, whose property meets some seemingly arbitrary attributes, and who can’t afford it, for nothing more than dirt! This is unfair and insanely unaffordable and must be repealed. We could be accomplishing 10x more remediation by applying these same funds in more cost-effective sectors.
This past November, Vermonters achieved an historical overthrow of the super-majority because we wanted change. However, the remaining majority is beginning to dig in, ignore the will of the voters, and stall proposed legislation that would address the high-cost issues that caused so much voter angst. I can now say with first-hand knowledge that the Speaker of the House and Senate majority leader both control which bills are allowed to be discussed in Committee and brought forth to the floor for vote. Even on floor votes, new members who may have started the session with enthusiasm to make change for their constituents have already begun to feel the pressure to comply with the agenda of their dominant party rather than vote their conscience. A perfect example of this occurred the week before town meeting break when the Senate voted along party lines to prevent a bill to repeal the Clean Heat Standard from even being discussed on the Senate floor, thus killing the Senate version of that bill.
My strategy to overcome this is to communicate to you what I am seeing in the VT State House. The good news is that Vermonters have the power, and must continue to call for the changes you voted for. Contact your Representatives, Senators, and the Chairs of the respective Committees and let them know of your desire to move forward with the bills that will repeal costly laws such as: H.162 to repeal the three-acre rule, and H.16 to repeal the Clean Heat Standard. Longer term, be prepared to promote even more republicans in the House and Senate. With a majority in one or the other we could begin to accomplish much more to bring affordability to Vermont. If you have any questions on how to do this, let me know. The link to all House bills is HERE and Senate bills are HERE.
Heading into town meeting break the Legislature had passed, and the Governor signed, just two bills into law: Bill H.78 became Act 1 that defines the use of the Australian ballot system in local elections; and Bill H.35 became Act 2 which unmerged the individual and small group health insurance markets. This is a win for Vermont’s small businesses, correcting a misguided aspect of the Vermont HealthBenefit Exchange. With Town Meetings behind us, I expect the activity on bills to significantly increase.
I remain honored to be your Representative,
Rob North
Addison, Ferrisburgh, New Haven, Panton, Vergennes, and Waltham.
