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Journal of the House________________

TUESDAY, APRIL 2, 2002

At ten o'clock minutes in the forenoon the Speaker called the House to order.

Devotional Exercises

Devotional exercises were conducted by Reverend Richard Menard of New Beginnings Christian Church, St. Johnsbury.

Pledge of Allegiance

Page Shannon Moffatt of Williston led the House in the Pledge of Allegiance.

Resolutions Placed on Calendar

The Speaker placed before the House the following resolutions which were read and in the Speaker’s discretion, placed on the Calendar for action tomorrow under Rule 52.

H.R. 41

House resolution congratulating the Worcester Community Kitchen on serving its 500th official meal

Offered by: Representative Jordan of Middlesex

Whereas, Kathy Meninger’s love of cooking and desire to build a more cohesive spirit of community in Worcester inspired her to establish the Worcester Community Kitchen as a special place and time for the residents of Worcester, regardless of age, income, or social background, to share a weekly lunch and develop new personal connections, both within and beyond the town, and

Whereas, as a person with a social conscience, she also envisioned the kitchen as the locale of a local food shelf, and

Whereas, in March 1992, after consulting with the coordinators of other community eateries and the staff of the Vermont Foodbank, Kathy welcomed her neighbors to the inaugural Worcester Community Kitchen luncheon which was served at the Worcester United Church, and

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Whereas, the simple menu of soup and sandwiches soon evolved into far more exotic fare, featuring international cuisine from as far away as Korea, and

Whereas, when Laurie LaBarthe of the Vermont Foodbank staff, and a neighbor of Kathy’s, visited the Worcester Community Kitchen, she and Kathy recognized their mutual destiny as kitchen colleagues, and

Whereas, while the friendly atmosphere at the Worcester United Church was a conducive home for the kitchen, as the word spread of the hearty meals and stimulating conversation, the attendance grew, and the Worcester Town Hall became the kitchen’s new home, and

Whereas, the Worcester Community Kitchen has thrived through the generosity of faithful assistants Emily Wagner and Pauline Utton, many volunteers, helpers, chefs, financial contributors and supporting institutions, such as Christ Episcopal Church in Montpelier and the North Branch Grange, and

Whereas, on any Wednesday, an amazing diversity of persons from all walks of life will break bread together at the Worcester Community Kitchen, and

Whereas, on Wednesday, April 3, 2002, with many local leaders in attendance, the Worcester Community Kitchen will celebrate its 500th official meal by thanking the many marvelous volunteers who have contributed in many ways to its success, now therefore be it

Resolved by the House of Representatives:

That the House of Representatives congratulates the Worcester Community Kitchen on the occasion of serving its 500th official meal, and commends Kathy Meninger, Laurie LaBarthe, and all of the volunteers who have helped to sustain and promote the Worcester Community Kitchen, and be it further

Resolved: That the Clerk of the House be directed to send a copy of this resolution to Kathy Meninger at the Worcester Community Kitchen.

J.R.H. 244

Joint resolution congratulating the Southwestern Vermont Medical Center on designation as an American Nursing Association Magnet Hospital

Offered by: Representatives Pembroke of Bennington, Alfano of Calais, Allard of St. Albans Town, Aswad of Burlington, Baker of West Rutland, Bohi of Hartford, Bolognani of Readsboro, Brown of Walden, Colvin of Bennington, Connell of Warren, Crawford of Burke, Cross of Winooski, Dakin of Colchester, Darrow of Newfane, Darrow of Dummerston, Deen of Westminster, Donovan of Burlington, Doyle of Richmond, Driscoll of

718 TUESDAY, APRIL 2, 2002

Burlington, Duffy of Rutland City, Emmons of Springfield, George of Middlebury, Gervais of Enosburg, Hall of Newport City, Heath of Westford, Helm of Castleton, Hooker of Rutland City, Howrigan of Fairfield, Hummel of Underhill, Jordan of Middlesex, Keogh of Burlington, Kirker of Essex, Kitzmiller of Montpelier, Larocque of Barnet, Masland of Thetford, Mazur of South Burlington, Milkey of Brattleboro, Miller of Shaftsbury, Molloy of Arlington, Morrissey of Bennington, Nitka of Ludlow, Nuovo of Middlebury, Obuchowski of Rockingham, Osman of Plainfield, Paquin of Fairfax, Partridge of Windham, Peaslee of Guildhall, Quaid of Williston, Rusten of Halifax, Ryan of Waltham, Sheltra of Derby, Starr of Troy, Stevens of Essex, Sweaney of Windsor, Symington of Jericho, Tracy of Burlington, Vincent of Waterbury, Voyer of Morristown, Waite of Pawlet, Webster of Brattleboro, Wheeler of Burlington, Willett of St. Albans City, Winters of Swanton and Zuckerman of Burlington

Whereas, the Southwestern Vermont Medical Center (SVMC) is the primary acute health care facility for Bennington County and all of southwestern Vermont, and

Whereas, the medical staff at SVMC takes great pride in the quality of the service provided to its patients, including the hospital’s superb nursing care, and

Whereas, the American Nurses Association, in coordination with the American Nurses Credentialing Center (ANCC), conducts a voluntary peer review program to evaluate the quality of nursing services at hospitals throughout the United States, and

Whereas, the highest recognition the ANCC awards to a hospital’s nursing program is to designate a hospital as a Magnet Hospital, and

Whereas, SVMC has been awarded Magnet designation, and it joins a select group of fewer than 50 acute care hospitals in the United States, including the Mayo-Rochester Hospitals, which have been awarded this special status, and

Whereas, the Magnet designation is granted to hospitals “committed to the delivery of quality nursing services,” and “that act as a ‘magnet’ by creating a work environment that recognizes and rewards professional nursing,” and

Whereas, Magnet Hospital designation indicates the medical institution is deeply committed to fostering the best possible working environment for the nursing staff, and providing the highest quality care to its patients, and

Whereas, Magnet Hospital designation is frequently granted to larger medical centers, and it is a great tribute to a hospital the size of SVMC to win this honor, and


Whereas, SVMC’s designation as a Magnet Hospital is a further indication of the hospital’s strong commitment to providing the community with the best possible medical services, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly congratulates the nursing staff and administration of the Southwestern Vermont Medical Center on its designation as a Magnet Hospital, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to the Harvey Yorke, Southwestern Medical Center Chief Executive Officer, and Mary Wicker, Director of Clinical Services.

J.R.H. 246

Joint resolution congratulating retiring Bethel fire chief Robert M. Dean

Offered by: Representative Ketchum of Bethel

Whereas, Robert M. Dean is a native of Coventry, and eventually settled in Bethel, and

Whereas, in 1956, Bob became a member of the Bethel Volunteer Fire Department, a commitment which lasted for 46 years, and

Whereas, his commitment and skill as a firefighter were readily apparent, and, in 1960, at the comparatively young age of 27, he was appointed fire chief, and

Whereas, during his four decades as chief, Bob repeatedly proved he was worthy of holding this critical municipal office, and

Whereas, under his administrative guidance, in 2000, the Bethel Volunteer Fire Department opened a new, and much needed, four-bay fire station to serve the department in the 21st century, and

Whereas, Bob’s career, hobbies, and community memberships extend far beyond the Bethel Volunteer Fire Department, and

Whereas, his business enterprises have flourished, as he has owned a successful service station, two auto parts stores and a Radio Shack franchise, and

Whereas, musically talented, Bob is known as an award-winning banjo player, and

Whereas, in a more adventuresome pursuit, he has been an acrobatic flyer, and


Whereas, as a less daring activity, Bob is an avid bowler, and

Whereas, he is a member and past Master of the Masonic White River Lodge # 90, and

Whereas, Bob worships at the Miller Memorial Methodist Church in Bethel, and

Whereas, after an extraordinary 42 years as Bethel’s fire chief, and 46 years in the department, Bob Dean has retired from his firefighting duties with much earned gratitude from his fellow Bethel residents, and

Whereas, his wife Bert, four children, Linda, Gary, Susan, and Paul, and six grandchildren are all proud of his accomplishments, now therefore be it


That the General Assembly congratulates Robert M. Dean on his retirement as Bethel’s outstanding fire chief, and extends to him best wishes for the years ahead, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to Robert Dean in Bethel.

J.R.S. 125

By Senator Ankeney,

Joint resolution in memory of Irving A. Bates.

Whereas, Irving Bates served in Vermont state government in several important positions, and

Whereas, a native of Burlington, he was raised in Westford and graduated from Bellows Free Academy-St. Albans, and

Whereas, Irving honorably served his nation in both World War II and the Korean conflict, and

Whereas, he was the recipient of a U.S. Navy letter of commendation for his exemplary military action during his service in Korea, and

Whereas, Irving was appointed to the position of buildings director in 1967, and he remained in that role for 18 years, retiring as commissioner of state buildings in 1985, where, during his tenure at the department, the state’s office space expanded considerably, and

Whereas, Irving’s recognized expertise on matters related to state buildings led to his appointment as chair of the architectural barrier compliance board and executive secretary of the capitol complex commission, and


Whereas, after retiring from the executive branch, he brought his state government managerial expertise to the legislature where he served for two terms as an assistant to the sergeant-at-arms, and

Whereas, Irving’s fraternal memberships included the Masonic F & AM Lodge No. 21 in White River Junction and the Auro B.P.O.E. Lodge No. 924 in Montpelier, and

Whereas, in retirement, he had become active in both the Elks and the American Legion, and

Whereas, he was the husband of Betty Bates, and

Whereas, throughout his career, Irving earned the respect of his colleagues for his professionalism and good judgment, and

Whereas, Irving Bates’ death marks the passing of an outstanding Vermont public servant, now therefore be it


That the General Assembly extends its sincere condolences to the family of former State Buildings Commissioner Irving A. Bates, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to Betty Bates in Lady Lake, Florida.

Joint Resolution Adopted

J.R.H. 245

Reps. Kirker of Essex, Alfano of Calais, Allard of St. Albans Town, Anderson of Woodstock, Carey of Chester, Duffy of Rutland City, Endres of Milton, Follett of Springfield, Gervais of Enosburg, Grad of Moretown, Haas of Rutland City, Houston of Ferrisburgh, Hube of Londonderry, Keogh of Burlington, Kilmartin of Newport City, Krawczyk of Bennington, Larose of Richford, LaVoie of Swanton, Morrissey of Bennington, O'Donnell of Vernon, Otterman of Topsham, Palmer of Pownal, Pillsbury of Brattleboro, Quaid of Williston, Stevens of Essex, Sweaney of Windsor and Vincent of Waterbury offered a joint resolution, entitled

Joint resolution honoring Vermonters who participated in September 11-related rescue and security missions, both in the United States and in the Southwest Asian military theater;

Whereas, all the Vermonters who worked in search and rescue at Ground Zero at the World Trade Center in New York or patrolled American air space or coastal waters, were prepared for deployment to the Canadian border or


were sent overseas to the theater of military operations during the immediate post-September 11 period, served with selfless courage, and

Whereas these very special Vermonters demonstrated their extraordinary commitment, dedication and loyalty to our nation at a time of great sorrow and tragedy, and

Whereas, many of these individuals continue to serve in either Operation Noble Eagle or Operation Enduring Freedom, and

Whereas, the heroes of September 11 number in the thousands, among whom are Vermonters who stepped forward and deserve special recognition, and

Whereas, the Vermont National Guard’s participation in the post-September 11 rescue and protection activities included the still-activated 158th Fighter Wing which flew patrol missions over northeastern United States and logged 122 consecutive flying days, a record, and flew the most missions by any unit, including active forces, in the nation, and

Whereas, 13 members of the Vermont Air National Guard are now deployed in a Southwest Asia combat zone as part of Operation Enduring Freedom, and

Whereas, the Vermont National Guard’s 86th Brigade, represented by its Military Police and Field Artillery Battalion, provided 24-hour security at both the Burlington International and Rutland State airports, and

Whereas, the 1/172nd Armor Battalion of St. Albans has been deployed to the Vermont-Canadian border for security duty, and

Whereas, every member of the Vermont National Guard, both officers and enlisted personnel, were ready to immediately travel to Ground Zero if called, and

Whereas, Vermont State Police troopers Matthew Birmingham and Jeffrey Lawrence took personal leave to assist their fellow law enforcement colleagues at Ground Zero, and

Whereas, Hartford Police Department Fire Chief John Wood, who served as a liaison with the International Association of Fire Chiefs, and individual municipal firefighters and law enforcement officers, including Essex Rescue Squad EMT Michael Weinberg, Woodstock Police Officer Byron Kelly and Sergeant Dennis Nix, and South Burlington Fire Department Chief Michael O’Neil, William Hurley of Bennington, Robert Covey of Bennington, Dr. Paul Morrow of Burlington, Richard Gaum of Burlington, Lucien Hayes of Fairfax, Raymond Heald of St. Albans, Woodstock Town Manger Philip Swanson and


Dwight Cabot Camp of Woodstock, who served on the New England DEMORT Team, are to be commended for their official assistance in the provision of essential mortuary services at Ground Zero, and

Whereas, Air Force EPLO Lieutenant Colonel Brian Dubie, who has been recommended for a special military service award, and Navy EPLO Commander Gordon Reynolds were pivotal resource coordinators at Ground Zero including facilitating the delivery of urgently need supplies despite many logistical barriers, and

Whereas, all of these Vermonters, be they active and reserve duty U.S. military personnel, National Guard members, law enforcement or fire protection officers, performed extraordinary deeds under circumstances that were almost unimaginable until the moment of the terrorists’ attacks, now therefore be it


That the General Assembly recognizes with great pride the extraordinary service to our country that each of these Vermonters has performed since September 11, and be it further

Resolved: That the Secretary of State be directed to send copies of this resolution to Adjutant General Martha Rainville at the Vermont National Guard headquarters at Camp Johnson in Colchester, Commissioner of Public Safety James Walton, Air Force EPLO Lieutenant Colonel Brian Dubie, Navy EPLO Commander Gordon Reynolds, to Vermont State Police Troopers Jeffrey Lawrence and Matthew Birmingham, and each individual honored in this resolution as a member of the New England DMORT Team.

Which was read and adopted on the part of the House.

Senate Bills Referred

Senate bills of the following titles were severally taken up, read the first time and referred as follows:

S. 245

Senate bill, entitled

An act relating to making it clear that a municipality may use sewer allocation authority to implement its municipal plan;

To the committee on Local Government.

S. 264

Senate bill, entitled


An act relating to promotion of energy efficiency and renewable electric generation;

To the committee on Commerce.

Bill Referred to Committee on Appropriations

H. 767

House bill, entitled

An act relating to executive branch fees;

Appearing on the Calendar, carrying an appropriation, under rule 35a, was referred to the committee on Appropriations.

Bill Called Up

S. 275

Rep. Johnson of Canaan called up House bill, entitled

An act relating to allowing pedestrian recreational activities on the state-owned parcel of the so-called Champion Lands;

Which had been ordered to lie. Thereupon, under the rule, the bill was ordered placed on the Calendar for action on the next legislative day.

Joint Resolutions Adopted

Joint resolutions of the following titles were severally taken up and adopted on the part of the House;

J.R.H. 242

Joint resolution, entitled

Joint resolution congratulating the 2002 Richford High School Falcons Division IV boys basketball team;

J.R.H. 243

Joint resolution, entitled

Joint resolution honoring Vermont’s school bus drivers.

Bill Amended; Third Reading Ordered

H. 757

Rep. Metzger of Milton, for the committee on Local Government, to which had been referred House bill, entitled

An act relating to the timing of candidate filings and primary elections;


Reported in favor of its passage when amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. 17 V.S.A. § 2361 is amended to read:

§ 2361. CONSENT OF CANDIDATE

A candidate for whom petitions containing sufficient valid signatures have been filed shall file with the official with whom the petitions were filed a consent to the printing of the candidate’s name on the ballot. The secretary of state shall prepare and furnish forms for this purpose. The consent shall set forth the name of the candidate, as the candidate wishes to have it printed on the ballot, the candidate’s town of residence and correct mailing address. The consent shall be filed by the last day for filing supplementary petitions on or before the day primary petitions are due. Unless a consent is filed, the candidate’s name shall not be printed on the primary ballot.

Sec. 2. 17 V.S.A. § 2385(d) is amended to read:

(d) Except in the case of nominations for justice of the peace, the candidate named in the statement shall file a consent to having the candidate’s name printed on the ballot, similar in form to the consent required in section 2361 of this title before the last day for filing statements of nomination. If a candidate fails to file a consent form before the last day for filing statements of nomination, the officer with whom the candidate’s statements are filed shall immediately contact the candidate and the candidate shall then have 48 hours in which to file a consent form. It shall be sufficient for meeting this requirement if the candidate signs the statement of nomination with a statement in substantially the following form:

“I consent to having my name printed on the general election ballot for the

office of _______________________________________________________. (office for which nomination was made)

My name (as I wish it to appear on the ballot), town or city of residence and party are as follows:

_________________ __________________________ _________________ Name (please print) Town of residence (please print) Party (please print)

_____________ _______________________________________Date Signature of Candidate

______________________________________”Mailing Address



§ 2386. TIME FOR FILING STATEMENTS

Statements pursuant to this subchapter shall be filed not more than sixty 60 days before the day of the general election and not later than 5:00 p.m. on the forty-seventh day before the day of the third day following the primary election general election.

Sec. 4. 17 V.S.A. § 2402(b) is amended to read:

(b) To constitute a valid nomination, a statement shall contain signatures of voters qualified to vote in an election for the office in question, equal in number to at least:

(1) For presidential and vice-presidential offices, 1,000;

(2) For state, and congressional, presidential and vice-presidential offices, one thousand 250;

(2) (3) For county officers or state senators, two hundred 100;

(3) (4) For representative to the general assembly, one hundred 50;

(4) (5) For justice of the peace, thirty 30 or one percent of the legal voters of the municipality, whichever is less.

Signatures need not all be contained on one paper.


§ 2479. MANNER OF DISTRIBUTION

Not later than 35 30 days before the election, the secretary of state shall furnish the prepared ballots the secretary has prepared to the clerk of each town. Ballots shall be sent in securely fastened packages by mail or in some other safe manner, with marks on the outside clearly designating the polling place for which they are intended and the number of ballots enclosed. The town clerk shall store the ballots, except for ballots used as early or absentee voter or sample ballots, in a secure place until the day of the election, at which time the town clerk shall deliver them in sufficient quantities to the presiding officer in each polling place, together with any ballots prepared by the town clerk. Town clerks and presiding officers shall return receipts for ballots to the official from whom they were received.


§ 2532. APPLICATIONS; FORM

* * *


(b) A person temporarily residing in a foreign country who is eligible to register to vote in this state, or a military service absentee voter who is eligible to register to vote in this state, may apply for early voter absentee ballots in the same manner and within the same time limits that apply for other early or absentee voters. An official federal postcard application shall suffice as a simultaneous request for an application for addition to the checklist and for an early voter absentee ballot, when properly submitted. Any other person also may make a simultaneous request for an application for addition to the checklist and for an early voter absentee ballot. The provisions of this section shall apply to anyone who is not eligible to register prior to the third second Saturday before the day of election, but expects to be eligible on or before election day.

(c) If the request is received by the town clerk not later than 17 days noon on the second Saturday before the election, the town clerk shall mail a blank application for addition to the checklist, together with a full set of early voter absentee ballots, to the person who has applied for early voter absentee ballots. All such applications for addition to the checklist which are returned to the town clerk before the close of the polls on election day shall be considered and acted upon by the board of civil authority before the ballots are counted. If the application is approved and the name added to the checklist, the early voter absentee ballots cast by that voter shall be treated as other valid early voter absentee ballots.

* * *

The bill, having appeared on the Calendar one day for notice, was taken up, read the second time, report of the committee on Local Government agreed to and third reading ordered.

Bill Amended, Read Third Time and Passed

H. 208

House bill, entitled

An act relating to creating a class of certified town center and increasing incentives for designated downtown development districts;

Was taken up and pending third reading of the bill, Rep. Angell of Randolph moved to amend the bill as follows:

First: By striking Sec. 6 and inserting in lieu thereof the following:

Sec. 6. 10 V.S.A. § 6001(3) is amended to read:

(3)(A) “Development” means the:


(i) The construction of improvements on a tract or tracts of land, owned or controlled by a person, involving more than 10 acres of land within a radius of five miles of any point on any involved land, for commercial or industrial purposes. “Development” shall also mean the

(ii) The construction of improvements for commercial or industrial purposes on more than one acre of land within a municipality which has not adopted permanent zoning and subdivision bylaws. “Development” shall also mean the

(iii) The construction of improvements for commercial or industrial purposes on a tract or tracts of land, owned or controlled by a person, involving more than one acre of land within a municipality that has adopted permanent zoning and subdivision bylaws, if the municipality in which the proposed project is located has elected by ordinance, adopted under chapter 59 of Title 24, to have this jurisdiction apply. The word “development” shall mean the

(iv) The construction of housing projects such as cooperatives, condominiums, or dwellings, or construction or maintenance of mobile homes or trailer parks, with 10 or more units, constructed or maintained on a tract or tracts of land, owned or controlled by a person, within a radius of five miles of any point on any involved land, and within any continuous period of five years; except as modified in section 6001d of this title in the case of housing projects in downtown development districts designated pursuant to 24 V.S.A. § 2793 . The word “development” shall not include construction for farming, logging or forestry purposes below the elevation of 2500 feet. The word “development” also means the

(v) The construction of improvements on a tract of land involving more than 10 acres which is to be used for municipal, county or state purposes. In computing the amount of land involved, land shall be included which is incident to the use such as lawns, parking areas, roadways, leaching fields and accessory buildings. In the case of a project undertaken by a railroad, no portion of a railroad line or railroad right-of-way that will not be physically altered as part of the project shall be included in computing the amount of land involved. In the case of a project undertaken by a person to construct a rail line or rail siding to connect to a railroad’s line or right-of-way, only the land used for the rail line or rail siding that will be physically altered as part of the project shall be included in computing the amount of land involved. The word “development” shall not include an electric generation or transmission facility which requires a certificate of public good under section 248 of Title 30 or a natural gas facility as defined by subdivision 248(a)(3) of that title. The word “development” shall also mean the


(vi) The construction of improvements for commercial, industrial or residential use above the elevation of 2500 2,500 feet. The word “development” shall also mean exploration

(vii) Exploration for fissionable source materials beyond the reconnaissance phase or the extraction or processing of fissionable source material. The word “development” shall also mean the

(viii) The drilling of an oil and gas well.

(B) In the case of a project undertaken by a railroad, no portion of a railroad line or railroad right-of-way that will not be physically altered as part of the project shall be included in computing the amount of land involved. In the case of a project undertaken by a person to construct a rail line or rail siding to connect to a railroad’s line or right-of-way, only the land used for the rail line or rail siding that will be physically altered as part of the project shall be included in computing the amount of land involved.

(C) The word “development” shall not include:

(i) The construction of improvements for farming, logging or forestry purposes below the elevation of 2,500 feet.

(ii) The construction of improvements for an electric generation or transmission facility which requires a certificate of public good under section 248 of Title 30 or a natural gas facility as defined by subdivision 248(a)(3).

Second: By adding a new Sec. 6a to read as follows:

Sec. 6a. 10 V.S.A. § 6001d is added to read:

§ 6001d. HOUSING PROJECTS IN DOWNTOWN DEVELOPMENT DISTRICTS

(a) With regard to the construction of certain housing projects located entirely within a downtown development district designated pursuant to 24 V.S.A. § 2793, “development” shall mean:

(1) the construction of mixed income housing with 100 or more housing units or mixed use projects with 100 or more housing units, either of which is constructed on more than 10 acres of land, in a municipality with a population of 20,000 or more;

(2) the construction of mixed income housing with 50 or more housing units or mixed use projects with 50 or more housing units, either of which is constructed on more than 10 acres of land, in a municipality with a population between 10,000 and 20,000;


(3) the construction of mixed income housing with 30 or more housing units or mixed use projects with 30 or more housing units, either of which is constructed on more than 10 acres of land, in a municipality with a population between 5,000 and 10,000;

(4) the construction of mixed income housing with 20 or more housing units or mixed use projects with 20 or more housing units, either of which is constructed on more than 10 acres of land, in a municipality with a population fewer than 5,000; or

(5) the construction of 10 or more units of mixed income housing where the project involves the demolition of one or more buildings that are listed on or eligible to be listed on the state or national registers of historic places.

(b) With regard to the construction, by a person, of housing units located entirely within a downtown development district designated pursuant to 24 V.S.A. § 2793, those units shall not be counted together with units located partially or entirely outside the district, regardless of whether or not they are within a radius of five miles. However, all housing units constructed by a person within the designated downtown development district within a continuous period of five years shall be counted for the purposes of determining jurisdiction under this section. Regarding mixed use projects located entirely within a designated downtown development district, portions of those projects that are not comprised of housing units shall not constitute “development,” unless the number of housing units constructed is as specified in subsection (a) of this section.

Third: In Sec. 7, 10 V.S.A. § 6001, by striking subdivision (28) and inserting in lieu thereof the following:

(28) “Mixed use” shall mean construction, including both mixed income housing and commercial construction, provided that at least 40 percent of the gross floor area of the buildings involved is mixed income housing.

Fourth: By adding a new Sec. 7c to read as follows:

Sec. 7c. 10 V.S.A. § 6081(o) is added to read:

(o) This subsection applies to situations in which a housing project of greater than ten units is not subject to this chapter because it is located entirely within a downtown development district designated pursuant to 24 V.S.A. § 2793, and the number of units falls below the jurisdictional threshold established in section 6001d of this title. With regard to projects to which this subsection applies, if the downtown development district’s designation is removed, subsection (a) of this section shall apply to any substantial change in the project.


Which was agreed to. Thereupon, the bill was read the third time and passed.

Bill Committed to Committee on Natural Resources and Energy

H. 14

The Senate proposes to the House to amend House bill, entitled

An act relating to repealing the shelf labeling law that applies to the retail sale of hazardous consumer products;

By adding seven new sections to be numbered Secs. 2-8, as follows:

Sec. 2. STUDY ON REDUCED USE OF HOUSEHOLD HAZARDOUS PRODUCTS

The agency of natural resources and the department of agriculture, food, and markets shall, in consultation with municipalities, solid waste districts, retailers, the department of health, and other interested parties, report to the legislature by September 15, 2003, with recommendations on methods and programs that can be implemented to promote public education, awareness, and reduced use of household hazardous products.

Sec. 3. 10 V.S.A. chapter 164 is added to read:

CHAPTER 164. COMPREHENSIVE MERCURY MANAGEMENT

§ 7101. LEGISLATIVE FINDINGS

The legislature finds and declares that:

(1) Mercury is a persistent and toxic pollutant that bioaccumulates in the environment.

(2) According to recent studies, mercury deposition is a significant problem in the northeast.

(3) Consumption of mercury-contaminated freshwater and saltwater fish poses a significant public health threat.

(4) Because of this threat, all of the northeastern states have issued freshwater fish advisories, warning certain individuals against consuming fish from affected water bodies, and several states, including Vermont, have provided guidance for consumption of saltwater fish.

(5) Studies have documented that exposure to the elevated levels of mercury in the environment has resulted in serious harm to fish-consuming wildlife.


(6) The available data on the total amount of mercury deposited to the northeast is five years old and does not account for recent reductions in the use of mercury in products and the installation of emissions control equipment on municipal waste combusters in the northeast. These five-year-old data indicate that 47 percent of mercury deposited in the northeast is from sources in the northeast and 30 percent is from sources outside the northeast. The remaining 23 percent is considered part of the global mercury pool. Within the northeast, incineration of municipal wastes, and utility and nonutility boiler operations, account for the majority of the contribution within New England. Other regional sources include manufacturing, biosolids incineration, medical waste incineration, and wastewater discharges.

(7) Vermont currently sends eight percent of its municipal solid waste out of state to be incinerated.

(8) In some cases, removal of mercury-containing products from the waste stream prior to combustion can be a cost-effective way to reduce mercury from solid waste management facilities.

(9) The governors of the New England states and the premiers of the Eastern Canadian provinces have endorsed a regional goal of “the virtual elimination of the discharge of anthropogenic mercury into the environment.” The governors also recently adopted a resolution on mercury acknowledging the need for and benefits of legislation in the management of mercury-containing products, and committing to pursue those aspects of a regional model, developed by a state workgroup sponsored by the Northeast Waste Management Officials Association (NEWMOA), that are appropriate for each state and that will best advance a coordinated approach in support of joint regional efforts.

(10) Manufacturers of certain mercury-added products, such as thermostats, have established successful “take back” programs for properly managing the products at the end of their useful life.

(11) The agency is willing to work with manufacturers on multimedia programs to increase cost-effective consumer education, encourage informed purchasing, and bolster participation in programs designed to separate, collect, and properly manage or recycle mercury-added products. A visible label on the product or its packaging, or both, in many cases increases the effectiveness of these programs.

(12) Accidental mercury spills, breakages, and releases have occurred at schools throughout the northeast. These incidents have proven costly to clean-up, and have exposed students, teachers, and administrators to mercury emissions.


(13) Health care facilities, educational and research institutions, and businesses have also experienced significant employee exposures, and incurred significant costs due to accidental mercury releases.

(14) State procurement of environmentally-responsible products can improve the markets for those products, including low or nonmercury-added products and energy efficient products.

§ 7102. DEFINITIONS

As used in this chapter:

(1) “Agency” means the Vermont agency of natural resources.

(2) “Component” means a mercury-added product which is incorporated into another product to form a fabricated mercury-added product, including, but not limited to, electrical switches, relays, and lamps.

(3) “Elemental mercury” means chemical symbol Hg. Elemental Hg is a silvery-white liquid (at room temperature) with an atomic number of 80 and an atomic mass of 200.57.

(4) “Fabricated mercury-added product” means a product that consists of a combination of individual components that combine to make a single unit, including, but not limited to, mercury-added measuring devices, lamps, and switches.

(5) “Formulated mercury-added product” means a chemical product, including, but not limited to, laboratory chemicals, cleaning products, cosmetics, pharmaceuticals, and coating materials, that is sold as a consistent mixture of chemicals.

(6) “Manufacturer” means any person, firm, association, partnership, corporation, governmental entity, organization, combination, or joint venture which produces a mercury-added product. In the case of a multicomponent mercury-added product, the manufacturer is the last manufacturer to produce or assemble the product. For the purpose of section 7104 of this title only, “manufacturer” means the mercury-added component manufacturer and the manufacturer of a product which contains one or more mercury-added products as components.

(7) “Mercury-added novelty” means a mercury-added product intended mainly for personal or household enjoyment or adornment. Mercury-added novelties include, but are not limited to, items intended for use as practical jokes, figurines, adornments, toys, games, cards, ornaments, yard statues and figures, candles, jewelry, holiday decorations, items of apparel (including footwear), and similar products.


(8) “Mercury-added product” means a product, commodity, or chemical that contains mercury or a mercury compound intentionally added to the product, commodity, or chemical in order to provide a specific characteristic, appearance, or quality, or to perform a specific function, or for any other reason. These products include formulated mercury-added products and fabricated mercury-added products.

(9) “Mercury fever thermometer” means a mercury-added product that is used for measuring body temperature.

(10) “White goods” include discarded refrigerators, washing machines, clothes dryers, ranges, water heaters, dishwashers, and freezers, and other similar domestic and commercial large appliances as may be identified, by rule, by the secretary of natural resources under section 6621a of this title.

§ 7103. INTERSTATE CLEARINGHOUSE

The agency is authorized to participate in the establishment and implementation of a regional, multistate clearinghouse to assist in carrying out any or all of the requirements of this chapter, and to help coordinate reviews of the manufacturers’ notifications regarding mercury-added products, applications for phase-out exemptions, the collection system plans, applications for alternative labeling and notification systems, education and outreach activities, and any other related functions. The clearinghouse may also maintain a list of all products containing mercury, including mercury-added products and novelties that may be subject to the product ban in section 7105 of this title, and a file on all exemptions granted by the states.

§ 7104. NOTIFICATION

(a) Effective six months after the effective date of this chapter, no mercury-added product shall be offered for final sale or use, or distributed for promotional purposes, in Vermont, without prior notification, in writing, by the manufacturer of the product or its industry trade group to the agency in accordance with the requirements of this section. The individual manufacturer shall remain responsible for providing the information in accordance with the requirements of this section. For the purpose of this section, “manufacturer” means the mercury-added component manufacturer and the manufacturer of a product which contains one or more mercury-added products as components. Importers of these products from foreign countries shall assure the manufacturer has complied with this section before sale, use, or distribution in Vermont. This importer requirement shall not apply to retailers for whom importing is not their primary business , nor to importers which distribute products to manufacturers for inclusion in their mercury-added products . This notification, at a minimum, shall include:


(1) A brief description of the product or category of products to be offered for sale, use, or distribution.

(2) For each individual product, or where appropriate, for each category of product, identification of its mercury content in one of the following ranges: greater than 0 to 5 mg, greater than 5 mg to 10 mg, greater than 10 mg to 50 mg, greater than 50 mg to 100 mg, greater than 100 mg to 1,000 mg, or greater than 1,000 mg.

(3) For each individual product or category of products, identification of the purpose that mercury serves in the product.

(4) The name and address of the manufacturer, or manufacturers, and the name, address, and phone number of a contact.

(b) Any mercury-added product for which federal law governs notice in a manner that preempts state authority shall be exempt from the requirements of this section.

(c) The manufacturer shall update and revise the information in the notification whenever there is a significant increase or decrease in the mercury amount of an individual product or product category, or when requested by the agency.

(d) Public disclosure of business information submitted to the agency pursuant to this section shall be governed by the requirements of 1 V.S.A. § 317.

(e) No later than six months after the effective date of this chapter, all component and formulated mercury-added product manufacturers offering products for final sale, use or distribution for promotional purposes in Vermont must provide the total amount of mercury contained in each category of mercury-added products sold in the United States during the previous calendar year. Information required under this section may be either provided by an individual manufacturer or aggregated for an industry by a trade group. The manufacturer shall report the updated information required three years and six months from the effective date of this chapter, and subsequently every three years thereafter.

(f) A fabricated mercury-added product manufacturer is not required to provide mercury content information on its mercury-added component, if the component manufacturer has provided the information to the agency, and if the fabricated mercury-added product manufacturer notifies the agency of the specific components used in the fabricated mercury-added product, and the identification of the manufacturer of the components.


(g) On or before January 15, 2007, after consultation with manufacturers, the agency shall report to the legislature on the need to continue the requirements of this section.

(h) The following shall be exempt from the requirements of this section: prescription drugs or any substance that can be lawfully sold over the counter without a prescription under the federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq.

§ 7105. RESTRICTIONS ON THE SALE OF CERTAIN MERCURY- ADDED PRODUCTS

(a) After one year from the effective date of this chapter, mercury-added novelties shall not be distributed for promotional purposes in Vermont, or offered for final sale or use in Vermont. This ban on sale, use, or distribution shall not apply to a novelty incorporating one or more replaceable mercury-added button cell batteries or one or more mercury-added lamps, or both, as its only mercury-added component or components. The requirements of this section shall apply to all mercury-added novelties, irrespective of whether or not the product is exempt from the phase-out requirements of section 7106 of this title.

(b) After six months from the effective date of this chapter, a person may not sell and may not supply mercury fever thermometers to consumers or patients in Vermont. This ban on sales and supply shall not apply to digital thermometers utilizing mercury-added button cell batteries.

(c) After the effective date of this chapter, no mercury dairy manometers will be offered for sale or distributed for promotional purposes in Vermont, with the exception of licensed dairy service providers who may purchase a mercury dairy manometer to calibrate customers’ manometers and other milking equipment. The department of agriculture, food and markets will notify dairy service providers of this product ban, and how to dispose properly of remaining inventory. The Vermont department of agriculture, food and markets and Vermont solid waste districts and municipalities will continue their education, outreach, and assistance programs for dairy farms, focusing on the hazards of mercury, and encouraging dairy farmers to replace their mercury-containing manometers with mercury-free alternatives in an effort to help further reduce mercury in the environment.

§ 7106. PHASE-OUT AND EXEMPTIONS

(a) This section shall take effect on the date the secretary determines that a law similar to this section has been adopted by any combination of the northeast states with an aggregate population of at least ten million people.


For purposes of this section, northeastern states shall include the New England states, Pennsylvania, New York, and New Jersey.

(b) No mercury-added product shall be offered for final sale or use, or distributed for promotional purposes in Vermont, if the mercury content of the product exceeds100 milligrams for fabricated mercury-added products or 50 parts per million (ppm) for formulated mercury-added products, effective four years from the effective date of this section.

(c) Importers of mercury - added products from foreign countries shall assure the manufacturer has complied with this section before sale, use, or distribution of products subject to phase-out in Vermont. This importer requirement shall not apply to retailers for whom importing is not their primary business nor to importers which distribute products to manufacturers for inclusion in their mercury-added products.

(d) For a product that contains one or more mercury-added products as a component, this section is applicable to each component part or parts, and not to the entire product. For example, if an iron has a mercury switch, the phase-out applies to the switch and not the entire iron.

(e) For a product that contains more than one mercury-added product as a component, the phase-out limits specified in subsection (b) of this section apply to each component, and not to the sum of the mercury in all of the components. For example, in the case of an automobile that contains mercury-added switches and lighting, the phase-out limits would apply to each component separately, and not to the combined total of mercury in all of the components.

(f) The advisory committee on mercury pollution established in section 7114 of this title shall include in its 2005 annual report an assessment and recommendations concerning application of the phase-out provisions to fabricated mercury-added products with less than 100 milligrams mercury and formulated mercury-added products with less than 50 parts per million (ppm) of mercury. The agency shall provide this assessment and recommendations if the advisory committee does not.

(g) A mercury-added product shall be exempt from the limits on total mercury content set forth in subsection (b) of this section, if the level of mercury or mercury compounds contained in the product is required in order to comply with federal or state health or safety requirements. In order to claim exemption under this subsection, the manufacturer must notify the agency, in writing, and provide adequate legal justification for the claim of exemption.


(h) The following shall be exempt from the requirements of subsection (b) of this section: prescription drugs or any substance that may be lawfully sold over the counter without a prescription under the federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq.

(i) Manufacturers of a mercury-added product may apply to the agency for an exemption for no more than five years from the limits on total mercury content set forth in subsection (b) of this section for a product or category of products.

(j) Applications for exemptions must:

(1) be submitted no later than one year prior to the phase-out date established in subsection (b) of this section or the renewal date; and

(2) document the basis for the requested exemption or renewal of exemption.

(k) The agency shall grant, with modifications or conditions, an exemption for a product or category of products if i t finds all of the following criteria are met:

(1) use of the product is beneficial to the environment or protective of public health or protective of public safety; and

(2) there is no technically-feasible alternative to use of mercury in the product; and

(3) there is no comparable nonmercury-added product available at reasonable cost; and

(4) with respect to exemption renewal, reasonable efforts have been made to eliminate mercury from the product.

(l) Prior to issuing an exemption, the agency shall consult with neighboring states, provinces, and regional organizations to promote consistency. The state shall avoid, to the extent feasible, inconsistencies in the implementation of this section. Upon reapplication by the manufacturer and findings by the agency that the manufacturer continues to be eligible under the criteria of this section, and that the manufacturer is in compliance with the conditions of its original approval, an exemption may be renewed one or more times. Each renewal may be for a period of no longer than five years.

(m) When an application for one or more exemptions is submitted in full compliance with the requirements listed in subsections (i) and (j) of this section, and the agency has not responded, the manufacturer may continue to sell its products, pending resolution by the agency.


(n) Should an application for exemption be disapproved, the product or products involved may be offered for sale or use or distributed for promotional purposes no later than the appropriate phase-out dates established in subsection (b) of this section, or one year from the date of disapproval by the agency, whichever date is later.

(o) This section shall not apply to mercury-added lamps when used in the manufacture of semiconductors.

§ 7107. LABELING OF MERCURY-ADDED PRODUCTS

(a) This section shall take effect on the date the secretary determines that a law similar to this section has been adopted by any combination of the northeast states with an aggregate population of at least ten million people. Existing mercury-added products labeling law, as established under section 6621d of this title, shall remain in effect until phased out according to the provisions of this act. For purposes of this section, northeastern states shall include the New England states, Pennsylvania, New York, and New Jersey.

(b) No mercury-added product manufactured after two years from the effective date of this section shall be offered for final sale or use or distributed for promotional purposes in Vermont, unless both the product and its packaging are labeled in accordance with this section and any adopted rules. This requirement may be met by compliance with the terms of any approved alternative labeling or notification granted under subsection (h) or (i) of this section. A retailer may not be found in violation of this subsection if the retailer lacked knowledge that the product contained mercury.

(c) If a mercury-added product is a component of another product, the product containing the component and the component must both be labeled. The label on a product containing a mercury-added component shall identify the component with sufficient detail so that it may be readily located for removal.

(d) All labels except those on interior components must be clearly visible prior to sale, and must inform the purchaser, using words or symbols, that mercury is present in the product, and that the product should not be disposed of or placed in a waste stream destined for disposal until the mercury is removed and reused, recycled, or otherwise managed to ensure that the mercury in the product does not become mixed with other solid waste or wastewater.

(e) Labels affixed to the product shall be constructed of materials that are sufficiently durable to remain legible for the useful life of the product.


(f) Responsibility for product and package labels required under this section shall be on the manufacturer, and not on the wholesaler or retailer, unless the wholesaler or retailer agrees with the manufacturer to accept responsibility in conjunction with implementation of an alternative to the labeling requirements of this section, approved under subsection (h) or (i) of this section. In the case of a multicomponent product, the responsible manufacturer is the last manufacturer to produce or assemble the product. In the case of a mercury - added product imported from a foreign country, the importer shall assure the manufacturer has complied with this section before sale, use, or distribution of the products in Vermont. This importer requirement shall not apply to retailers for whom importing is not their primary business.

(g) Any mercury-added product for which federal law governs labeling in a manner that preempts state authority shall be exempt from the requirements of this section. This section shall not apply to prescription drugs or any substance that may lawfully be sold over the counter without a prescription under the federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq.

(h) Alternative methods of public notification are as follows:

(1) A manufacturer may apply to the agency for an alternative to the requirements of subsections (b) through (f) and subsection (i) of this section where: strict compliance with the requirements is not feasible; or the proposed alternative would be at least as effective in providing presale notification of mercury content and in providing instructions on proper disposal; or federal law governs labeling in a manner that preempts state authority. The agency may approve an alternative concerning a certain product category without application by manufacturers, but must consider other alternatives for the category, upon application.

(2) Applications for an alternative to the requirements of subsections (b) through (f) and (i) of this section must:

(A) document the justification for the requested alternative;

(B) describe how the alternative ensures that purchasers or recipients of mercury-added products are made aware of mercury content prior to purchase or receipt;

(C) describe how a person discarding the product will be made aware of the need for proper handling to ensure that it does not become part of solid waste or wastewater;

(D) document the readiness of all necessary parties to implement the proposed alternative; and


(E) describe the performance measures to be utilized by the manufacturer to demonstrate that the alternative is providing effective presale notification and predisposal notification.

(3) The agency may grant, deny, or approve with modifications or conditions a request for an alternative to the requirements of subsections (b) through (f) and (i) of this section. Such approval of an alternative shall be for a period of no less than two years. The agency may review alternatives and modify or condition a previously approved alternative, after providing notice to the affected parties. Modifications shall be implemented according to a mutually agreeable time frame which shall not exceed two years. Prior to approving an alternative, the agency shall consult with neighboring states, provinces, and regional organizations to ensure that its labeling requirements are consistent with those of other governments in the region.

(i) The following alternative methods of public notification for specific products are approved, and no further agency approval is required:

(1) Labeling of white goods sold in a store where the white goods are on display shall meet all requirements of subsections (b) through (f) of this section, except that no package labeling is required.

(2) Labeling of fever and laboratory thermometers shall meet all requirements of subsections (b) through (f) of this section, except that no product labeling is required.

(3) Labeling of all new motor vehicles shall meet all the requirements of subsections (b) through (f) of this section, except that the mercury - added components are not required to be labeled. A doorpost label applied by the manufacturer shall list the mercury - added components that may be present on the vehicle. Only in the case of a dealer trade of a new vehicle with a dealer in another state shall the motor vehicle dealer be responsible for applying the doorpost label to the vehicle. No labeling of used motor vehicles shall be required.

(4) Labeling of mercury-added button cell batteries shall meet all requirements of subsections (b) through (f) of this section, except no labeling is required on the product. Labeling of products that contain a mercury-added button cell battery as the only mercury-added component shall include in the product instructions, if any, and on the product packaging the information required in subsection (d) of this section.

(5) Labeling of consumer electronics that incorporate one or more mercury-added lamps as their only mercury-added component or components shall meet all the requirements of subsection (b) through (f) of this section,


except no labeling of an internal lamp or the package is required and the product label need not be visible before sale.

(j) The agency may adopt rules to implement this section.

(k) The agency shall work with manufacturers to ensure that compliance with this section is achieved in a manner that considers the cost and feasibility of implementation.

(l) No later than 15 months from the effective date of this section, each manufacturer required to label by this section shall certify to the agency that it has developed a labeling plan for its mercury-added products that complies with this section and any administrative labeling rule adopted by the agency, and that this labeling plan shall be implemented for products manufactured two years, or more, after the effective date of this section. The labeling plan shall include detailed descriptions of the products involved and the label size, material, wording, location, and attachment method for each product and for the product packaging. The plan must be submitted to the agency for approval with the certification.

§ 7108. DISCARDED MERCURY-ADDED PRODUCTS

(a) Management of discarded mercury-added products. After two years from the effective date of this section, discarded mercury-added products shall be managed as follows:

(1) Disposal ban. After two years from the effective date of this section, no person shall knowingly dispose of mercury-added products in solid waste landfills or combustors.

(2) Source separation. Except as otherwise provided by this section, every person who discards solid waste shall separate mercury-added products from that solid waste for recycling or disposal as a hazardous waste. Any contractor who replaces or removes mercury-added products shall assure that any discarded mercury-added product is subject to proper separation and recycling or disposal as a hazardous waste.

(3) Collection and hauling. After proper separation of mercury-added products, each person who discards that waste either shall:

(A) place the waste in a designated area for collection by a permitted hauler who shall deliver that waste to a facility that is legally authorized and certified or permitted to accept that waste; or

(B) deliver that waste to a facility that is legally authorized and certified or permitted to accept that waste.


(b) Solid waste transfer, combustion facility, and landfill facility requirements. The owner and operator of a solid waste landfill, transfer station, or combustion facility will not have knowingly accepted for disposal or disposed of mercury-added products if the facility implements the following mechanisms as required, at a minimum:

(1) posting of clearly visible and easily read signs at the facility, providing notice of the prohibition of the disposal and combustion of mercury-added products;

(2) written notification to or contractual agreements with the facility’s customers, on a frequency determined by the agency, providing notice of the prohibition on the disposal and combustion of mercury-added products;

(3) implementation of a procedure approved by the agency for periodically monitoring incoming wastes to detect the presence of mercury-added products at the facility;

(4) providing customers information about collection programs and facilities that are permitted to accept mercury-added products for recycling or disposal as a hazardous waste; and

(5) separation of observed mercury-added products and subsequent recycling or disposal as hazardous waste.

(c) Removal of mercury-added components. After two years from the effective date of this section, solid waste management facilities and salvage businesses in Vermont that accept end-of-life white goods or motor vehicles from the final users of these products within or outside Vermont shall be responsible to remove mercury-added components (except lamps used for backlighting and displays) prior to crushing, shredding, or other scrap metal processing, and prior to conveying to others for crushing, shredding, or other scrap metal processing. Persons removing these mercury-added components shall assure they are recycled or disposed as hazardous waste.

(d) Exemption for certain federally-regulated products. If a formulated mercury-added product is a cosmetic or pharmaceutical product subject to the federal Food and Drug Administration’s regulatory requirements relating to mercury, then the product is exempt from the requirements of this section.

(e) No household shall be subject to the provisions of section 6612 of this title for noncompliance with subsection (a) of this section.

§ 7109. RULEMAKING

(a) Universal waste rule. The agency may adopt new rules or modify its existing rules governing universal hazardous waste, as appropriate, to promote


the recycling, recovery, and proper management of elemental mercury and mercury-added products on a statewide and regional basis.

(b) Other rulemaking authority. The agency may adopt rules to implement section 7107 of this title, relating to labeling, section 7104 of this title, relating to minimum specific requirements for the content and submission of the required notification, and section 7106 of this title, relating to product phase-out and exemptions from that requirement. The agency may adopt rules to implement any other section of this chapter if needed to provide a program reasonably consistent with the other New England states.

§ 7110. HOSPITAL MERCURY REDUCTION PLAN

By March 31, 2003, each hospital in Vermont shall submit a mercury reduction plan to the agency, consistent with the guidance provided by the agency. The plan will cover all patient care sites owned or operated by the hospital. The plan shall identify and quantify mercury use and disposal related to patient care, including equipment and chemicals to the extent known through manufacturers’ labeling, notice from the agency, or other widely-publicized lists of products containing mercury. The plan will also set target mercury reduction goals, and identify measures to be taken by the hospital or nursing home to reduce mercury in the patient care settings through reductions in use of equipment and chemicals containing mercury, and through modifications in the organization’s purchasing policies and procedures with regard to products containing mercury. An updated plan shall be submitted on March 31 of each even-numbered calendar year.

§ 7111. LIMITATIONS ON THE USE OF ELEMENTAL MERCURY

(a) Effective one year after the effective date of this chapter, no person may sell or provide elemental mercury to another person in Vermont, except for manufacturing or recycling or disposal purposes, without providing a “material safety data sheet,” as defined in the United States Code, Title 42, Section 11049, and requiring the purchaser or recipient to sign a statement that the purchaser:

(1) will use the mercury only for medical or research purposes;

(2) understands that mercury is toxic, and the purchaser will store and use it appropriately so that no person is exposed to the mercury; and

(3) will not place the mercury in solid waste for disposal or in a wastewater treatment and disposal system, and will not allow anyone under the purchaser’s control to place or cause mercury to be placed in such a location.

(b) Effective one year after the effective date of this chapter, no person may purchase elemental mercury from someone outside the state of Vermont for


use in Vermont without a certified statement from the purchaser provided to the agency, certifying that the conditions specified in subsection (a) of this section, if applicable, have been met. These conditions shall not apply to the sale or provision of elemental mercury for manufacturing, recycling, or disposal purposes.

§ 7112. PUBLIC EDUCATION AND OUTREACH

(a) The agency and the department of health, in concert with other relevant state agencies, may implement a comprehensive public education, outreach, and assistance program for households, hazardous waste generators, municipalities, and solid waste management districts, small businesses, health care facilities, scrap metal facilities, dismantlers, institutions, schools, and other interested groups. These public education, outreach, and assistance programs should focus on the hazards of mercury, particularly those associated with the consumption of fresh and saltwater fish; the requirements and obligations of individuals, manufacturers, and agencies under this chapter; and voluntary efforts that individuals, institutions, and businesses can undertake to help further reduce mercury in the environment. These programs may also provide information to retailers, wholesalers, and the public on what products contain mercury, including those considered to be banned novelty items under section 7105 of this title; information on possible nonmercury alternatives; and information on products that do contain mercury, but may be environmentally beneficial . The agency shall cooperate with manufacturers of mercury-added products and other affected businesses in the development and implementation of any public education and technical assistance programs. The agency and the department of health may assist the municipalities and solid waste management districts in developing, designing, and disseminating information for the public about mercury-added products, the requirements of the law regarding the source separation of waste mercury-added products, and the collection programs that are available to the public, including any manufacturer-based reverse distribution system. A component of this information may be directed specifically at large public and private institutions that use and discard substantial numbers of waste mercury-added products, and at any other large users of those products.

(b) The agency shall cooperate with neighboring states and provinces and regional organizations in the northeastern United States and Canada to develop any outreach, assistance, and education programs, where appropriate.

(c) The agency may develop an awards program to recognize the accomplishments of manufacturers, municipalities, solid waste management facilities, solid waste recycling facilities, household hazardous waste collection facilities, citizens, or others, who go beyond the minimum requirements


established under this chapter, and excel at reducing or eliminating mercury in air emissions, solid waste, and wastewater discharges.

§ 7113. MERCURY-ADDED PRODUCTS USED IN DENTAL PROCEDURES

(a) Dental amalgam, a formulated mercury - added product, shall not be regulated by any sections of this chapter, except those requirements in this section and in subsection 7115(b) of this title.

(b) Before January 1, 2004, the department of health shall submit a report to the legislature concerning the use of mercury - added products in dental practices. If resources are available, the agency, in consultation with the Vermont state dental society, shall help compile information for this report.

(c) Vermont dental offices shall use best management practices to minimize the presence of elemental mercury, unused amalgam, and waste amalgam in its wastewater discharge and in its solid waste. The required best management practices may be defined by procedure of the agency. The agency shall use “The Environmentally Responsible Dental Office” booklet, prepared by the Vermont state dental society and the national wildlife federation, in developing the procedure. The Vermont state dental society shall continue to review and make recommendations regarding updating best management practices.

§ 7114. ADVISORY COMMITTEE ON MERCURY POLLUTION

(a) There is created an advisory committee on mercury pollution, to consist of one member of the house of representatives, appointed by the speaker from the membership of the committee on natural resources and energy; one member of the senate, appointed by the committee on committees from the membership of the committee on natural resources and energy; the secretary of natural resources, or the secretary's designee; the commissioner of health, or the commissioner’s designee; and the following persons, as appointed by the governor: one representative of an industry that manufactures consumer products that contain mercury; one public health specialist; one representative of the Abenaki Self-Help Assn., Inc.; one toxicologist; one representative of a solid waste management district; and one scientist who is knowledgeable on matters relating to mercury contamination. The advisory committee shall advise the general assembly, the executive branch, and the general public on matters relating to the prevention and cleanup of mercury pollution, and the latest science on remediation of mercury pollution.

(b) By January 15 of each year, the advisory committee will report to the general assembly regarding:


(1) The extent of mercury contamination in the soil, waters, and air of Vermont.

(2) The extent of any health risk from mercury contamination in Vermont, especially to pregnant women, children, the Abenaki Self-Help Assn., Inc., and other communities that use fish as a major source of food.

(3) Methods available for minimizing risk of further contamination or increased health risk to the Vermont public.

(4) Potential costs of minimizing further risk and recommendations of how to raise the funds necessary to reduce contamination and minimize risk of mercury-related health problems in Vermont.

(5) The effectiveness of the established programs, including manufacturer-based reverse distribution systems for in-state collection, subsequent transportation, and subsequent recycling of mercury from waste mercury-added products, and recommendations for altering the programs to make them more effective.

(6) Coordination needed with other states to effectively address mercury issues.

(7) Ways to reduce the extent to which solid waste produced within the state is incinerated at incinerators, regardless of location, that fail to use the best available technology in scrubbing and filtering emissions from the incinerator stack.

§ 7115. MERCURY IN SCHOOLS

(a) After one year from the effective date of this chapter, no school in Vermont may use, or purchase for use, in a primary or secondary nonvocational education program, any of the following: elemental mercury, chemicals containing mercury or mercury compounds, or mercury-added measuring devices. Other mercury-added products that are used by schools are not subject to this prohibition. No person shall bring elemental mercury onto the premises or into the buildings of a primary or secondary school in Vermont.

(b) Vocational dental education programs in Vermont shall teach and use the best management practices as established under subsection 7113(c) of this title.

§ 7116. STATE PROCUREMENT PREFERENCES FOR LOW OR NONMERCURY-ADDED PRODUCTS

(a) Notwithstanding other policies and guidelines for the procurement of equipment, supplies, and other products, the agency of administration shall,


within one year of the effective date of this chapter, revise its policies, rules, and procedures to implement the purposes of this chapter.

(b) The agency of administration shall give priority and preference to the purchase of equipment, supplies, and other products that contain no mercury-added compounds or components, unless there is no economically-feasible nonmercury-added alternative that performs a similar function. In circumstances where a nonmercury-added product is not available, preference shall be given to the purchase of products that contain the least amount of mercury added to the product necessary for the required performance.

(1) The agency of administration is authorized to give a price preference of up to five percent for products that contain no mercury or less mercury.

(2) This priority and preference shall apply to all state purchases, as well as any purchases made by others, with state funds.

(3) With respect to lighting, energy efficient lamps for lighting purposes shall be purchased in preference to other less efficient lighting options. To the maximum extent possible, purchases shall be restricted to lights that contain the lowest total mercury content per lumen hour available. Spent bulbs shall be recycled to the maximum extent feasible.

(4) The procurement agent shall specify nonmercury or reduced mercury-added products, as applicable, in procurement bid documents.

Sec. 4. 10 V.S.A. § 6621a is amended to read:

§ 6621a. LANDFILL DISPOSAL REQUIREMENTS

(a) In accordance with the following schedule, no person shall knowingly dispose of the following solid waste in landfills:

* * *

(7) Labeled mercury added Mercury-added consumer products.

* * *

Sec. 5. 10 V.S.A. § 8003(a) is amended to read:

(a) The secretary may take action under this chapter to enforce the following statutes:

* * *

(16) 10 V.S.A. chapter 162, relating to the Texas Low-Level Radioactive Waste Disposal Compact; and

(17) 10 V.S.A. § 2625, relating to heavy cutting of timber; and


(18) 10 V.S.A. c hapter 164, relating to comprehensive mercury management.

Sec. 6. STATE REVIEW

The agency of natural resources, in consultation with the Conference of the New England Governors and Eastern Canadian Premiers Environment Committee, shall review the effectiveness of this act, and, by January 15 of the first year of each legislative biennial session, shall provide a report based upon that review to the governor and the legislature. The report shall review the effectiveness of the program required under the act, and may contain recommendations for improvement. Through this review process, the agency shall evaluate the need for additional incentives for manufacturers of mercury-added products that are below 10 milligrams to reduce the amount of mercury in those products.

Sec. 7. REPEAL

(a) 10 V.S.A. § 6621d(a) (labeling of mercury-added consumer products) is repealed two years after the effective date of 10 V.S.A. § 7107, as established under subsection (a) of that section.

(b) 10 V.S.A. § 6621d(b)(source separation), (c)(collection), (d)(collection programs), (f)(rulemaking), and (g)(penalties) are repealed two years from the effective date of this act. Rules adopted under this section shall stay in effect and govern the labeling of mercury-added products that are manufactured before the date established under 10 V.S.A. § 7107(b).

(c) 10 V.S.A. §§ 6621d(e)(support) and 6621e (advisory committee) are repealed on the effective date of this act.

Sec. 8. EFFECTIVE DATE

This act shall take effect upon passage, except that Sec. 4 of this act shall take effect two years after passage.

Pending the question, Shall the House concur in the Senate proposal of amendment? Rep. Angell of Randolph moved that the bill be committed to the committee on Natural Resources and Energy.

Rep. Pugh of South Burlington moved that the rules be suspended to make a nondebateable question fully debatable.

Pending the question, Shall the House suspend the rules to make a nondebateable question fully debatable? Rep. Paquin of Fairfax demanded the Yeas and Nays, which demand was sustained by the Constitutional number. The Clerk proceeded to call the roll and the question, Shall the House suspend


the rules to make a nondebateable question fully debatable? was decided in the negative. Yeas 73. Nays, 55. A three-quarters vote of 96 needed.

Those who voted in the affirmative are:Alfano of CalaisAllard of St. Albans TownAnderson of WoodstockAswad of BurlingtonAtkins of WinooskiBarney of HighgateBohi of HartfordBolognani of ReadsboroBrooks of MontpelierColvin of BenningtonConnell of WarrenCross of WinooskiDakin of ColchesterDarrow of NewfaneDarrow of DummerstonDeen of WestminsterDonovan of BurlingtonDostis of WaterburyDoyle of RichmondDriscoll of BurlingtonEmmons of SpringfieldFisher of LincolnGervais of EnosburgGrad of MoretownHeath of Westford

Hingtgen of BurlingtonHooker of Rutland CityHouston of FerrisburghHowrigan of FairfieldHudson of LyndonHummel of UnderhillJordan of MiddlesexKeenan of St. Albans CityKitzmiller of MontpelierLaBarge of Grand IsleLarocque of BarnetLarose of RichfordLarrabee of DanvilleLarson of BurlingtonLippert of HinesburgMann of LeicesterMaslack of PoultneyMasland of ThetfordMetzger of MiltonMiller of ShaftsburyMonti of Barre CityMorrissey of BenningtonMullin of Rutland TownMyers of EssexNitka of Ludlow

Nuovo of MiddleburyObuchowski of RockinghamOsman of PlainfieldPalmer of PownalPaquin of FairfaxPartridge of WindhamPembroke of BenningtonPillsbury of BrattleboroPugh of South BurlingtonRusten of HalifaxRyan of WalthamSeverance of ColchesterStarr of TroySweaney of WindsorSweetser of EssexSymington of JerichoTracy of BurlingtonWaite of PawletWebster of BrattleboroWestman of CambridgeWheeler of BurlingtonYoung of OrwellZuckerman of Burlington

Those who voted in the negative are:Adams of HartlandAllaire of Rutland CityAmidon of CharlotteAngell of RandolphBaker of West RutlandBolduc of BartonBostic of St. JohnsburyBourdeau of Hyde ParkBrown of WaldenCarey of ChesterClark of St. JohnsburyCleland of NorthfieldCrawford of BurkeCrowley of West RutlandDavis of CavendishDuffy of Rutland CityEndres of MiltonFollett of Springfield

George of MiddleburyGoodridge of AlbanyGray of Barre TownHaas of Rutland CityHall of Newport CityHube of LondonderryJohnson of CanaanKennedy of ChelseaKetchum of BethelKilmartin of Newport CityKrawczyk of BenningtonLaVoie of SwantonMarron of StoweMazur of South BurlingtonO’Donnell of VernonOtterman of TopshamPeaslee of GuildhallPike of Mendon

Quaid of WillistonRandall of BradfordRogers of CastletonRosenquist of GeorgiaSchaefer of ColchesterSchiavone of ShelburneScribner of BristolShaw of DerbySheltra of DerbySmith of New HavenTowne of BerlinValliere of Barre CityVoyer of MorristownWebster of RandolphWeeks of WallingfordWinters of SwantonWinters of WilliamstownWood of Brandon


Wright of Burlington

Those members absent with leave of the House and not voting are:Audette of South BurlingtonDePoy of Rutland CityFlory of PittsfordHelm of CastletonKainen of HartfordKeogh of BurlingtonKirker of Essex

Kiss of BurlingtonKoch of Barre TownLittle of ShelburneLivingston of ManchesterMackinnon of SharonMilkey of BrattleboroMolloy of Arlington

Reese of PomfretSeibert of NorwichStevens of EssexVincent of WaterburyVinton of ColchesterWillett of St. Albans CityWoodward of Johnson

Pending the question, Shall the bill be committed to the committee on Natural Resources and Energy? Rep. Deen of Westminster moved to amend the motion to commit the bill by attaching the following instructions:

That the bill shall be returned to the floor for full debate, including the mercury provisions prior to the end of the session.

Pending the question, Shall the House amend the motion made by Rep. Angell of Randolph to commit the bill to the committee on Natural Resources and Energy, as recommended by Rep. Deen of Westminster? Rep. Tracy of Burlington demanded the Yeas and Nays, which demand was sustained by the Constitutional number. The Clerk proceeded to call the roll and the question, Shall the House amend the motion made by Rep. Angell of Randolph to commit the bill to the committee on Natural Resources and Energy, as recommended by Rep. Deen of Westminster? Was decided in the negative. Yeas, 46. Nays, 90.

Those who voted in the affirmative are:Alfano of CalaisAswad of BurlingtonAtkins of WinooskiBohi of HartfordBolognani of ReadsboroBrooks of MontpelierConnell of WarrenCross of WinooskiDarrow of NewfaneDarrow of DummerstonDeen of WestminsterDonovan of BurlingtonDostis of WaterburyDoyle of RichmondDriscoll of BurlingtonEmmons of Springfield

Fisher of LincolnGrad of MoretownHeath of WestfordHingtgen of BurlingtonHooker of Rutland CityHummel of UnderhillJordan of MiddlesexKeenan of St. Albans CityKitzmiller of MontpelierLarson of BurlingtonLippert of HinesburgMasland of ThetfordMiller of ShaftsburyMonti of Barre CityNitka of LudlowNuovo of Middlebury

Obuchowski of RockinghamOsman of PlainfieldPaquin of FairfaxPartridge of WindhamPillsbury of BrattleboroReese of PomfretRyan of WalthamSweaney of WindsorSymington of JerichoTracy of BurlingtonVincent of WaterburyWebster of BrattleboroWoodward of JohnsonZuckerman of Burlington


Those who voted in the negative are:Adams of HartlandAllaire of Rutland CityAllard of St. Albans TownAmidon of CharlotteAnderson of WoodstockAngell of RandolphBaker of West RutlandBarney of HighgateBolduc of BartonBostic of St. JohnsburyBourdeau of Hyde ParkBrown of WaldenCarey of ChesterClark of St. JohnsburyCleland of NorthfieldColvin of BenningtonCrawford of BurkeCrowley of West RutlandDakin of ColchesterDavis of CavendishDePoy of Rutland CityDuffy of Rutland CityEndres of MiltonFollett of SpringfieldGeorge of MiddleburyGervais of EnosburgGoodridge of AlbanyGray of Barre TownHaas of Rutland CityHall of Newport City

Houston of FerrisburghHowrigan of FairfieldHube of LondonderryHudson of LyndonJohnson of CanaanKennedy of ChelseaKeogh of BurlingtonKetchum of BethelKilmartin of Newport CityKirker of EssexKoch of Barre TownKrawczyk of BenningtonLaBarge of Grand IsleLarocque of BarnetLarose of RichfordLarrabee of DanvilleLaVoie of SwantonLivingston of ManchesterMann of LeicesterMarron of StoweMaslack of PoultneyMazur of South BurlingtonMetzger of MiltonMorrissey of BenningtonMullin of Rutland TownMyers of EssexO’Donnell of VernonOtterman of TopshamPalmer of PownalPeaslee of Guildhall

Pembroke of BenningtonPike of MendonPugh of South BurlingtonQuaid of WillistonRandall of BradfordRogers of CastletonRosenquist of GeorgiaRusten of HalifaxSchaefer of ColchesterSchiavone of ShelburneScribner of BristolShaw of DerbySheltra of DerbySmith of New HavenStevens of EssexSweetser of EssexTowne of BerlinValliere of Barre CityVinton of ColchesterVoyer of MorristownWaite of PawletWebster of RandolphWeeks of WallingfordWestman of CambridgeWheeler of BurlingtonWinters of SwantonWinters of WilliamstownWood of BrandonWright of BurlingtonYoung of Orwell

Those members absent with leave of the House and not voting are:Audette of South BurlingtonFlory of PittsfordHelm of CastletonKainen of HartfordKiss of Burlington

Little of ShelburneMackinnon of SharonMilkey of BrattleboroMolloy of ArlingtonSeibert of Norwich

Severance of ColchesterStarr of TroyWillett of St. Albans City

Rep. Pugh of South Burlington explained her vote as follows:

“Mr. Speaker:

My no vote reflects a concern with powers. The way to ensure that we deal with the critical issue of mercury would be to appoint a committee of conference rather than send this Senate proposal of amendment to committee where the risk is great no action will be taken.”


Thereupon, the motion to commit the bill to the committee on Natural Resources and Energy, was agreed to.

Message from the Senate No. 44

A message was received from the Senate by Mr. Marshall, its Assistant Secretary, as follows:

Mr. Speaker:

I am directed to inform the House that the Senate has considered a joint resolution originating in the House of the following title:

J.R.H. 239. Joint resolution honoring John Roy for his community service in South Hero.

And has adopted the same in concurrence.

Consideration Interrupted by Recess

H. 749

The Senate proposes to the House to amend House bill, entitled

An act relating to redistricting the House of Representatives

First: In Sec. 1, on page 7, by striking out lines 5 through 20, by striking out all of pages 8 through 11, and on page 12, by striking out lines 1 through 16, and by inserting in lieu thereof the following:

ADDISON-1 Addison, Ferrisburgh, Panton, Vergennesand Waltham 2

ADDISON-2 Bristol, Lincoln, Monkton and Starksboro 2

ADDISON-3 Bridport, Cornwall, Goshen, Hancock,Leicester, New Haven, Ripton, Salisbury,Weybridge and Whiting 2

ADDISON-4 Middlebury 2

ADDISON- Orwell, Shoreham, Benson and HubbardtonRUTLAND-1 1

ADDISON- Granville, Braintree, Brookfield andWASHINGTON-1 Randolph 2

BENNINGTON-1 Bennington 4

BENNINGTON-2 Pownal and Woodford 1

BENNINGTON-3 Glastenbury and Shaftsbury 1


BENNINGTON-4 Manchester 1

BENNINGTON- Dorset, Landgrove, Peru, Danby andRUTLAND-1 Mount Tabor 1

BENNINGTON- Rupert, Middletown Springs, Pawlet andRUTLAND-2 Wells 1

BENNINGTON- Arlington, Sandgate, Sunderland WINDHAM-1 and Stratton 1

BENNINGTON- Readsboro, Searsburg, Stamford, Dover,WINDHAM-2 Somerset and Wardsboro 1

BENNINGTON-WINDHAM- Winhall, Jamaica, Londonderry and WINDSOR-1 Weston 1

CALEDONIA-1 Hardwick, Stannard and Walden 1

CALEDONIA-2 St. Johnsbury 2

CALEDONIA-3 Barnet, Ryegate and Waterford 1

CALEDONIA-4 Burke, Lyndon and Sutton 2

CALEDONIA-5 Danville, Groton and Peacham 1

CALEDONIA-ESSEX-1 Kirby, Bloomfield, Brunswick, Concord,Granby, Guildhall, Lunenburg, Maidstoneand Victory 1

CALEDONIA-ESSEX- Newark, Averill, Avery’s Gore, Brighton,ORLEANS-1 Canaan, East Haven, Ferdinand, Lemington,

Lewis, Norton, Warner’s Grant, Warren’s Gore and Westmore 1

CALEDONIA- Sheffield, Wheelock, Albany, Barton,ORLEANS-1 Craftsbury, Glover and Greensboro 2

CHITTENDEN-1 Jericho and Underhill 2

CHITTENDEN-2 Richmond 1

CHITTENDEN-3 Colchester and Winooski 6

CHITTENDEN-4 Essex, Milton and Westford 7

CHITTENDEN-5 Williston 2

CHITTENDEN-6 Charlotte and Hinesburg 2

CHITTENDEN-7 Shelburne and St. George 2


CHITTENDEN-8 Burlington and South Burlington 13

CHITTENDEN- Bolton, Buel’s Gore, Huntington WASHINGTON-1 and Waterbury 2

FRANKLIN-1 Fairfield, Franklin, Highgateand Sheldon 2

FRANKLIN-2 Bakersfield, Berkshire, Enosburg,Montgomery and Richford 2

FRANKLIN-3 St. Albans City and St. Albans Town 3

FRANKLIN-4 Fairfax and Georgia 2

FRANKLIN- Alburg, Grand Isle, Isle La Motte, GRAND ISLE-1 North Hero, South Hero and Swanton 3

FRANKLIN- Fletcher and Cambridge 1LAMOILLE-1

LAMOILLE-1 Johnson and Waterville 1

LAMOILLE-2 Belvidere, Eden and Hyde Park 1

LAMOILLE-3 Elmore, Morristown and Wolcott 2

LAMOILLE-4 Stowe 1

ORANGE-1 Chelsea, Tunbridge, Vershire,Washington and Williamstown 2

ORANGE-2 Bradford and Corinth 1

ORANGE-3 Fairlee, Thetford and West Fairlee 1

ORANGE-4 Newbury, Orange and Topsham 1

ORLEANS-1 Coventry, Newport City and Newport Town 2

ORLEANS-2 Brownington, Charleston, Derby, Hollandand Morgan 2

ORLEANS-3 Irasburg, Jay, Lowell, Troy and Westfield 1

RUTLAND-1 Castleton, Fair Haven and West Haven 2

RUTLAND-2 Shrewsbury, Tinmouth and Wallingford 1

RUTLAND-3 Rutland Town 1

RUTLAND-4 Rutland City 4

RUTLAND-5 Clarendon, Ira, Poultney, Proctor


and West Rutland 3

RUTLAND-6 Brandon 1

RUTLAND-7 Pittsford and Sudbury 1

RUTLAND- Chittenden, Killington, Mendon andWINDSOR-1 Bridgewater 1

RUTLAND- Mount Holly, Ludlow and Plymouth 1WINDSOR-2

RUTLAND- Pittsfield, Bethel, Rochester and Stockbridge 1WINDSOR-3

WASHINGTON-1 Berlin and Northfield 2

WASHINGTON-2 Calais, East Montpelier, Middlesex,Woodbury and Worcester 2

WASHINGTON-3 Barre City and Barre Town 4

WASHINGTON-4 Montpelier 2

WASHINGTON-5 Cabot, Marshfield and Plainfield 1

WASHINGTON-6 Duxbury, Fayston, Moretown,Roxbury, Waitsfield and Warren 2

WINDHAM-1 Brattleboro (part) 1



WINDHAM-4 Guilford and Vernon 1

WINDHAM-5 Marlboro, Newfane and Townshend 1

WINDHAM-6 Halifax, Whitingham and Wilmington 1

WINDHAM-7 Athens, Brookline, Grafton, Rockingham,Windham and, in Westminster, the followingcensus blocks 50025967600: 1002, 1003,1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1018, and 1020 2

WINDHAM-8 Dummerston, Putney, and all ofWestminster not in WINDHAM-7 2

WINDSOR-1 Hartland and West Windsor 1

WINDSOR-2 Barnard, Hartford and Pomfret 3


WINDSOR-3 Cavendish and Weathersfield 1

WINDSOR-4 Andover, Baltimore, Chester and Springfield 3

WINDSOR-5 Reading and Woodstock 1

WINDSOR-6 Norwich, Royalton, Sharon andStrafford 2

WINDSOR-7 Windsor 1

Second: On page 12, following line 19, by adding a new Sec. 3 to read:

Sec. 3. SUBDIVISION OF INITIAL DISTRICTS; EXTENSION

Boards of Civil Authority of towns within each initial district authorized or directed to present a proposal for subdivision to the Clerk of the House pursuant to 17 V.S.A. §§ 1906b and 1906c may have until April 15, 2002 to do so.

Pending the question, Shall the House concur with the Senate proposal of amendment? Rep. Hudson of Lyndon moved that the bill be ordered to lie.

Pending the question, Shall the House order the bill to lie?

Recess

At twelve o’clock and ten minutes in the afternoon, the Speaker declared a recess until the fall of the gavel.

Afternoon

At two o’clock and thirty-five minutes in the afternoon, the Speaker called the House to order.

Consideration Resumed; Bill Ordered to Lie

H. 749

Consideration resumed on House bill, entitled

An act relating to redistricting the House of Representatives;

Thereupon, the recurring question, Shall the bill be ordered to lie? was agreed to.

Adjournment

At two o’clock and forty minutes in the afternoon, on motion of Rep. LaBarge of Grand Isle, the House adjourned until tomorrow at one o’clock in the afternoon.

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