senatecalendar · 2020-03-10 · -538-ordersoftheday actioncalendar...

Senate CalendarWEDNESDAY, MARCH 11, 2020

SENATE CONVENES AT: 1:00 P.M.

TABLE OF CONTENTS

Page No.

ACTION CALENDAR

CONSIDERATION POSTPONED UNTIL MARCH 11, 2020

Second Reading

Favorable with Recommendation of Amendment

S. 261 An act relating to eliminating life without paroleJudiciary Report - Sen. Sears ................................................................ 538

UNFINISHED BUSINESS OF JANUARY 7, 2020

GOVERNOR'S VETOES

S. 37 An act relating to medical monitoring................................................540

Pending question: Shall the bill pass, notwithstanding the Governor'srefusal to approve the bill?

(For text of veto message, see Senate Calendar for January 7, 2020, page 1.)

S. 169 An act relating to firearms procedures............................................. 540

Pending question: Shall the bill pass, notwithstanding the Governor'srefusal to approve the bill?


UNFINISHED BUSINESS OF MARCH 10, 2020

Third Reading

S. 296 An act relating to limiting out-of-pocket expenses forprescription insulin drugs............................................................................540

NEW BUSINESS

Second Reading

Favorable

S. 287 An act relating to the contractual rights of members of theVermont State Employees’ Retirement System

Government Operations Report - Sen. Pollina ...................................... 541


S. 265 An act relating to the use of food residuals for farming

Agriculture Report - Sen. Pollina ..........................................................541

House Proposals of Amendment

S. 54 An act relating to the regulation of cannabis...................................... 548

S. 240 An act relating to recruiting new remote workers and newrelocating workers...................................................................................... 601

NOTICE CALENDAR

Committee Bill for Second Reading

Favorable

S. 339 An act relating to miscellaneous changes to laws related to vehiclesBy the Committee on Transportation (Sen. Perchlik for the Committee)Finance Report - Sen. Campion ............................................................ 602

Second Reading


S. 180 An act relating to prohibiting the use and application of the pesticidechlorpyrifos

Agriculture Report - Sen. Collamore .................................................... 602

S. 187 An act relating to transient occupancy for health care treatment andrecovery

Econ. Dev., Housing and Gen Affrs Rpt - Sen. Hooker .........................607

S. 267 An act relating to the Renewable Energy StandardFinance Report - Sen. Pearson .............................................................. 608

S. 285 An act relating to the State House Artwork and Portrait ProjectCommittee

Institutions Report - Sen. Benning ........................................................ 611

Request to Withdraw

S. 321 An act relating to miscellaneous fish and wildlife issues.................. 614

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ORDERS OF THE DAY

ACTION CALENDAR

CONSIDERATION POSTPONED UNTIL MARCH 11, 2020

Second Reading


S. 261.

An act relating to eliminating life without parole.

Reported favorably with recommendation of amendment by SenatorSears for the Committee on Judiciary.

The Committee recommends that the bill be amended by striking out allafter the enacting clause and inserting in lieu thereof the following:

Sec. 1. 13 V.S.A. § 2303 is amended to read:

§ 2303. PENALTIES FOR FIRST AND SECOND DEGREE MURDER

(a) Except as provided in subsection (g) of this section:

(1) The punishment for murder in the first degree shall be imprisonmentfor:

(A) a minimum term of not less than 35 years and a maximum termof life; or

(B) life without the possibility of parole.

(2) The punishment for murder in the second degree shall beimprisonment for:

(A) a minimum term of not less than 20 years and a maximum termof life; or

(B) life without the possibility of parole.

(3) Notwithstanding any other provision of law, this subsection shallapply only if the murder was committed on or after the effective date of thisact.

(b) The punishment for murder in the first degree shall be imprisonmentfor life and for a minimum term of 35 years unless a jury finds that there areaggravating or mitigating factors which justify a different minimum term. Ifthe jury finds that the aggravating factors outweigh any mitigating factors, thecourt may set a minimum term longer than 35 years, up to and including life

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imprisonment without parole. If the jury finds that the mitigating factorsoutweigh any aggravating factors, the court may set a minimum term at lessthan 35 years but not less than 15 years.

(c) The punishment for murder in the second degree shall be imprisonmentfor life and for a minimum term of 20 years unless a jury finds that there areaggravating or mitigating factors which justify a different minimum term. Ifthe jury finds that the aggravating factors outweigh any mitigating factors, thecourt may set a minimum term longer than 20 years, up to and including lifeimprisonment without parole. If the jury finds that the mitigating factorsoutweigh any aggravating factors, the court may set a minimum term at lessthan 20 years but not less than 10 years.

* * *

(g) Subsections (b)-(f) of this section shall apply only if the murder wascommitted before the effective date of this act May 1, 2006, and:

(1) the defendant was not sentenced before the effective date of this actMay 1, 2006; or

(2) the defendant’s sentence was stricken and remanded for resentencingpursuant to the Vermont Supreme Court’s decision in State v. Provost, 2005VT 134 (2005).


§ 7045. LIFE WITHOUT PAROLE SENTENCE PROHIBITED FORPERSONS UNDER 18 YEARS OF AGE

A court shall not sentence a person to life imprisonment without thepossibility of parole if:

(1) the person was under 18 years of age at the time of the commissionof the any offense; or

(2) the person committed any offense other than aggravated murder.


§ 501. ELIGIBILITY FOR PAROLE CONSIDERATION

(a) An inmate serving any sentence other than life without the possibilityof parole shall be eligible for parole consideration upon serving 35 years.

(b) An inmate who is serving a sentence of imprisonment shall be eligiblefor parole consideration as follows:

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(1) If the inmate’s sentence has no minimum term or a zero minimumterm, the inmate shall be eligible for parole consideration within 12 monthsafter commitment to a correctional facility.

(2) If the inmate’s sentence has a minimum term, the inmate shall beeligible for parole consideration after the inmate has served the minimum termof the sentence or after the inmate has served 35 years, whichever occurs first.

Sec. 4. EFFECTIVE DATE

This act shall take effect on July 1, 2020.

And that after passage the title of the bill be amended to read:

An act relating to limiting the sentence of life without the possibility ofparole.

(Committee vote: 3-2-0)

UNFINISHED BUSINESS OF JANUARY 7, 2020

GOVERNOR'S VETOES

S. 37.

An act relating to medical monitoring.

Pending question (to be voted by call of the roll): Shall the bill pass,notwithstanding the Governor's refusal to approve the bill? (Two-thirds of themembers present required to override the Governor's veto.)


S. 169.

An act relating to firearms procedures.

Pending question (to be voted by call of the roll): Shall the bill pass,notwithstanding the Governor's refusal to approve the bill? (Two-thirds of themembers present required to override the Governor's veto.)


UNFINISHED BUSINESS OF MARCH 10, 2020

Third Reading

S. 296.

An act relating to limiting out-of-pocket expenses for prescription insulindrugs.

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NEW BUSINESS

Second Reading

Favorable

S. 287.

An act relating to the contractual rights of members of the Vermont StateEmployees’ Retirement System.

Reported favorably by Senator Pollina for the Committee onGovernment Operations.



S. 265.

An act relating to the use of food residuals for farming.

Reported favorably with recommendation of amendment by SenatorPollina for the Committee on Agriculture.



§ 6001. DEFINITIONS

In this chapter:

* * *

(3)(A) “Development” means each of the following:

* * *

(D) The word “development” does not include:

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

* * *

(vii) The construction of improvements below the elevation of2,500 feet for the onsite storage, preparation, and sale of compost, providedthat one of the following applies:

* * *

(III) The compost is principally used on the farm where it wasproduced.

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* * *

(22) “Farming” means:

(A) the cultivation or other use of land for growing food, fiber,Christmas trees, maple sap, or horticultural and orchard crops; or

(B) the raising, feeding, or management of livestock, poultry, fish, orbees; or

(C) the operation of greenhouses; or

(D) the production of maple syrup; or

(E) the on-site storage, preparation, and sale of agricultural productsprincipally produced on the farm; or

(F) the on-site storage, preparation, production, and sale of fuel orpower from agricultural products or wastes principally produced on the farm;or

(G) the raising, feeding, or management of four or more equinesowned or boarded by the farmer, including training, showing, and providinginstruction and lessons in riding, training, and the management of equines; or

(H) the importation of up to 2,000 cubic yards per year or less offood residuals or food processing residuals onto a farm for the production ofcompost, provided that:

(i) the compost is principally used on the farm where it isproduced; or

(ii) the compost is produced on a small farm that raises ormanages poultry.

* * *

(38) “Farm” means, for the purposes of subdivision (22)(H) of thissection, a parcel or parcels of land owned, leased, or managed by a person anddevoted primarily to farming that meets the threshold criteria as establishedunder the Required Agricultural Practices.

(39) “Food processing residuals” means the remaining organic materialfrom a food processing plant and may include whey and other dairy, cheesemaking, and ice cream residuals or residuals from any food manufacturingprocess excluding livestock or poultry slaughtering and rendering operations.“Food processing residuals” does not include food residuals from markets,groceries, or restaurants.

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(40) “Food residuals” has the same meaning as in section 6602 of thistitle.

(41) “Principally used” means, for the purposes of subdivision(3)(D)(vii)(III) or (22)(H) of this section, that more than 50 percent, either byvolume or weight, of the compost produced on the farm is physically andpermanently incorporated into the native soils on the farm as a soilenhancement and is not removed or sold at any time thereafter.

(42) “Small farm” has the same meaning as in 6 V.S.A. § 4871.

Sec. 2. Section 2 of the Agency of Agriculture, Food and Markets,Vermont Required Agricultural Practices Rule for the AgriculturalNonpoint Source Pollution Control Program is amended to read:

Section 2. Definitions

* * *

2.16 Farming means:

(a) the cultivation or other use of land for growing food, fiber, Christmastrees, maple sap, or horticultural, viticultural, and orchard crops; or

(b) the raising, feeding, or management of livestock, poultry, fish, or bees;or

(c) the operation of greenhouses; or

(d) the production of maple syrup; or

(e) the on-site storage, preparation, and sale of agricultural productsprincipally produced on the farm; or

(f) the on-site storage, preparation, production, and sale of fuel or powerfrom agricultural products or wastes principally produced on the farm; or

(g) the raising, feeding, or management of four or more equines owned orboarded by the farmer, including training, showing, and providing instructionand lessons in riding, training, and the management of equines; or

(h) the importation of up to 2,000 cubic yards per year or less of foodresiduals or food processing residuals onto a farm for the production ofcompost, provided that:

(i) the compost is principally used on the farm where it isproduced; or

(ii) the compost is produced on a small farm that raises ormanages poultry.

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* * *

2.44 “Food residual” means source separated and uncontaminated materialthat is derived from processing or discarding of food and that is recyclable, ina manner consistent with 10 V.S.A. § 6605k. Food residual may includepreconsumer and postconsumer food scraps. “Food residual” does not meanmeat and meat-related products when the food residuals are composted by aresident on site.

2.45 “Principally used” means that more than 50 percent, either byvolume or weight, of the compost produced on the farm is physically andpermanently incorporated into the native soils on the farm as a soilenhancement and is not removed or sold at any time thereafter.

Sec. 3. 6 V.S.A. chapter 218 is added to read:

CHAPTER 218. AGRICULTURAL RESIDUALS MANAGEMENT

§ 5131. PURPOSE

The purpose of this chapter is to establish a program for the management ofresidual wastes generated, imported to, or managed on a farm for farming inVermont.


As used in this chapter:

(1) “Agency” means the Agency of Agriculture, Food and Markets.

(2) “Compost” means a stable humus-like material produced by thecontrolled biological decomposition of organic matter through activemanagement, but shall not mean sewage, septage, or materials derived fromsewage or septage.

(3) “Farm” means a parcel or parcels of land owned, leased, or managedby a person and devoted primarily to farming that meets the threshold criteriafor regulation under the Required Agricultural Practices.

(4) “Farming” has the same meaning as in 10 V.S.A. § 6001(22).

(5) “Food processing residuals” means the remaining organic materialfrom a food processing plant and may include whey and other dairy, cheesemaking, and ice cream residuals or residuals from any food manufacturingprocess excluding livestock or poultry slaughtering and rendering operations.“Food processing residuals” do not include food residuals from markets,groceries, or restaurants.

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(6) “Food residuals” means source separated and uncontaminatedmaterial that is derived from processing or discarding of food and that isrecyclable or compostable. “Food residuals” may include preconsumer andpostconsumer food scraps. “Food residuals” include meat and meat-relatedproducts when the disposition of the products is managed on a farm.

(7) “Secretary” means the Secretary of Agriculture, Food and Markets.

(8) “Source separation” has the same meaning as in 10 V.S.A. § 6602.

§ 5133. FOOD RESIDUALS; RULEMAKING

(a) The Secretary shall regulate the importation of food residuals or foodprocessing residuals onto a farm.

(b)(1) The Secretary shall adopt by rule requirements for the managementof food residuals and food processing residuals on a farm. The rules mayinclude requirements regarding:

(A) the proper composting of food residuals or food processingresiduals;

(B) destruction of pathogens in food residuals, food processingresiduals, or compost;

(C) prevention of public health threat from food residuals, foodprocessing residuals, or compost;

(D) protection of natural resources or the environment; and

(E) prevention of objectionable odors, noise, vectors, or othernuisance conditions.

(2) The Secretary may adopt the rules required by this section as part ofthe Required Agricultural Practices or as independent rules under this chapter.

(c) A farm producing compost under 10 V.S.A. § 6001(22)(H) shall beregulated under this chapter and shall not require a certification or otherapproval from the Agency of Natural Resources under 10 V.S.A. chapter 159.


§ 6605. SOLID WASTE MANAGEMENT FACILITY CERTIFICATION

(a)(1) No person shall construct, substantially alter, or operate any solidwaste management facility without first obtaining certification from theSecretary for such facility, site, or activity, except for sludge or septagetreatment or storage facilities located within the fenced area of a domesticwastewater treatment plant permitted under chapter 47 of this title. This

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exemption for sludge or septage treatment or storage facilities shall exist onlyif:

* * *

(2) Certification shall be valid for a period not to exceed 10 years.

* * *

(n) A farm producing compost under subdivision 6001(22)(H) is exemptfrom the requirements of this section.

Sec. 5. 10 V.S.A. § 6605h is amended to read:

§ 6605h. COMPOSTING REGISTRATION

Notwithstanding sections 6605, 6605f, and 6611 of this title, the Secretarymay, by rule, authorize a person engaged in the production or management ofcompost at a small scale composting facility to register with the Secretaryinstead of obtaining a facility certification under section 6605 or 6605c of thistitle. This section shall not apply to a farm producing compost undersubdivision 6001(22)(H).

Sec. 6. 10 V.S.A. § 6605j is amended to read:

§ 6605j. ACCEPTED COMPOSTING PRACTICES

(a) The Secretary, in consultation with the Secretary of Agriculture, Foodand Markets, shall adopt by rule, pursuant to 3 V.S.A. chapter 25, and shallimplement and enforce accepted composting practices for the management ofcomposting in the State. These accepted composting practices shall address:

(1) standards for the construction, alteration, or operation of acomposting facility;

(2) standards for facility operation, including acceptable quantities ofproduct or inputs, vector management, odors, noise, traffic, litter control,contaminant management, operator training and qualifications, recordkeeping,and reporting;

(3) standards for siting of composting facilities, including siting andoperation of compost storage areas, compost bagging areas, and roads andparking areas;

(4) standards for the composting process, including rotation,management of compost piles, compost pile size, and monitoring of compostoperations;

(5) standards for management of runoff from compost facilities,including liquids management from the feedstock area, active composting

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areas, curing area, and compost storage area; the use of swales or stormwatermanagement around or within a compost facility; vegetative bufferrequirements; and run-off management from tipping areas;

(6) specified areas of the State unsuitable for the siting of commercialcomposting that utilizes post-consumer food residuals or animal mortalities,such as designated downtowns, village centers, village growth areas, or areasof existing residential density; and

(7) definitions of “small-scale composting facility,” “medium-scalecomposting facility,” and “de minimis composting exempt from regulation.”

(b) A person operating a small scale composting facility or operating acomposting facility on a farm who follows the accepted composting practicesshall not be required to obtain a discharge permit under section 1263 or 1264of this title, a solid waste facility certification under chapter 159 of this title, oran air emissions permit under chapter 23 of this title unless a permit is requiredby federal law or the Secretary of Natural Resources determines that a permitis necessary to protect public health or the environment.

(c) The Secretary of Natural Resources shall coordinate with the Secretaryof Agriculture, Food and Markets in implementing and enforcing the acceptedcomposting practices. The Secretary of Agriculture, Food and Markets and theSecretary of Natural Resources may, after opportunity for public review andcomment, develop a memorandum of understanding for implementation andenforcement of the accepted composting practices. [Repealed.]

(d) The Secretary shall not regulate under this section a farm producingcompost under subdivision 6001(22)(H).

Sec. 7. APPLICATION OF SOLID WASTE MANAGEMENT RULE

Prior to adoption of rules under 6 V.S.A. § 5133, the Secretary ofAgriculture, Food and Markets shall require a person producing compost on afarm under subdivision 6001(22)(H) to comply with Sections 6–1101 through6–1110 of the Agency of Natural Resources’ Vermont Solid WasteManagement Rules. After adoption of rules under 6 V.S.A. § 5133, Sections6-1101 through 6-1110 of the Agency of Natural Resources’ Vermont SolidWaste Management Rules shall not apply to a person producing compost on afarm under subdivision 6001(22)(H).

Sec. 8. UPDATE ON IMPLEMENTATION OF IMPORT OF FOODRESIDUALS ONTO FARM FOR COMPOSTING

On or before January 15, 2022, the Secretary of Agriculture, Food andMarkets and the Secretary of Natural Resources shall consult and present orsubmit testimony to the Senate Committee on Agriculture and the House

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Committee on Agriculture and Forestry regarding the import of food residualsonto farms for the purpose of compost production.


This act shall take effect on passage.


House Proposals of Amendment

S. 54

An act relating to the regulation of cannabis.

The House proposes to the Senate to amend the bill by striking out all afterthe enacting clause and inserting in lieu thereof the following:

* * * Title Redesignation * * *

Sec. 1. Title 7 of the V.S.A. is redesignated to read:

7. ALCOHOLIC BEVERAGES, CANNABIS, AND TOBACCO

* * * Cannabis Generally; Cannabis Control Board * * *


CHAPTER 31. CANNABIS

Subchapter 1. General Provisions

§ 831. DEFINITIONS


(1) “Board” means the Cannabis Control Board.

(2)(A) “Cannabis” means all parts of the plant Cannabis sativa L.,except as provided by subdivision (B) of this subdivision (2), whether growingor harvested, and includes:

(i) the seeds of the plant;

(ii) the resin extracted from any part of the plant; and

(iii) any compound, manufacture, salt, derivative, mixture, orpreparation of the plant, its seeds, or resin.

(B) “Cannabis” does not include:

(i) the mature stalks of the plant and fiber produced from thestalks;

(ii) oil or cake made from the seeds of the plant;

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(iii) any compound, manufacture, salt, derivative, mixture, orpreparation of the mature stalks, fiber, oil, or cake;

(iv) the sterilized seed of the plant that is incapable ofgermination; or

(v) hemp or hemp products, as defined in 6 V.S.A. § 562.

(3) “Cannabis product” means concentrated cannabis and a product thatis composed of cannabis and other ingredients and is intended for use orconsumption, including an edible product, ointment, and tincture. Cannabisproduct shall include a vaporizer cartridge containing cannabis oil that isintended for use with a battery-powered device.

(4) “Chair” means the chair of the Cannabis Control Board.

(5) “Criminal history record” shall have the same meaning as in

20 V.S.A. § 2056a(a).

(6) “Public place” means any street, alley, park, sidewalk, publicbuilding other than individual dwellings, any place of public accommodationas defined in 9 V.S.A. § 4501, and any place where the use or possession of alighted tobacco product, tobacco product, or tobacco substitute is prohibited bylaw pursuant to 18 V.S.A. chapter 37.

§ 832. CANNABIS POSSESSED UNLAWFULLY SUBJECT TOSEIZURE AND FORFEITURE

Cannabis possessed unlawfully in violation of this title may be seized bylaw enforcement and is subject to forfeiture.

§ 833. CONSUMPTION OF CANNABIS IN A PUBLIC PLACE

No person shall consume cannabis in a public place unless specificallyauthorized by law. Violations shall be punished in accordance with 18 V.S.A.§ 4230a.

Subchapter 2. Cannabis Control Board

§ 841. CANNABIS CONTROL BOARD; APPOINTMENT

(a) When a vacancy occurs on the Cannabis Control Board, the Governorshall make a public announcement about the vacancy. The Governor shallsubmit at least five names of potential candidates per vacancy to the CannabisControl Board Nominating Committee for review.

(b) The Committee shall review the candidates to determine whichcandidates are well-qualified for appointment to the Board and shallrecommend those candidates to the Governor.

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(c) The Governor shall appoint a chair and four members of the Boardfrom the list of well-qualified candidates sent to the Governor by theCommittee.

(d) The names of candidates shall be confidential.

§ 842. CANNABIS CONTROL BOARD NOMINATING COMMITTEE

(a) Creation. The Cannabis Control Board Nominating Committee iscreated for the purpose of assessing the qualifications of applicants forappointment to the Cannabis Control Board in accordance with section 841 ofthis title.

(b) Members. The Committee shall consist of seven members who shall beselected as follows:

(1) The Governor shall appoint three members from the ExecutiveBranch.

(2) The Speaker of the House of Representatives shall appoint twomembers from the House of Representatives.

(3) The Senate Committee on Committees shall appoint two membersfrom the Senate.

(c) Duties. When the Governor submits the names of candidates forappointment to the Cannabis Control Board in accordance with section 841 ofthis title, the Committee shall review candidates to determine which candidatesare well-qualified for the Board and submit those names to the Governor.

(d) Terms. The members of the Committee shall serve for terms of twoyears. The appointments shall be between June 1 and July 1 of each even-numbered year, except to fill a vacancy. Members shall serve until theirsuccessors are appointed. Members shall serve not more than threeconsecutive terms in any capacity. A legislative member who is appointed as amember of the Committee shall retain the position for the term for which he orshe was appointed to the Committee even if the member is subsequently notreelected to the General Assembly during the member’s term on theCommittee.

(e) Chair. The members shall elect their own chair.

(f) Quorum. A quorum of the Committee shall consist of four members.

(g) Staff and services. The Committee is authorized to use the staff andservices of appropriate State agencies and departments as necessary to conductinvestigations of applicants.

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(h) Confidentiality. Except as provided in subsection (i) of this section,proceedings of the Committee, including the names of candidates consideredby the Committee and information about any candidate submitted by theGovernor, shall be confidential. The provisions of 1 V.S.A. 317(e) (expirationof Public Records Act exemptions) shall not apply to the exemptions orconfidentiality provisions in this subsection.

(i) Public information. The following shall be public:

(1) operating procedures of the Committee;

(2) standard application forms and any other forms used by theCommittee, provided they do not contain personal information about acandidate or confidential proceedings;

(3) all proceedings of the Committee prior to the Board’s receipt of thefirst candidate’s completed application; and

(4) at the time the Committee sends the names of the candidates to theGovernor, the total number of applicants for the vacancies and the totalnumber of candidates sent to the Governor.

(j) Reimbursement. Legislative members of the Committee shall beentitled to per diem compensation and reimbursement for expenses inaccordance with 2 V.S.A. § 406. Compensation and reimbursement shall bepaid from the legislative appropriation.

§ 843. CANNABIS CONTROL BOARD; DUTIES; MEMBERS

(a) Creation. There is created within the Executive Branch an independentcommission named the Cannabis Control Board for the purpose of safely,equitably, and effectively implementing and administering the laws enablingaccess to adult-use cannabis in Vermont.

(b) Duties. The duties of the Board shall be:

(1) rulemaking in accordance with this chapter, chapter 33 of this title,and 3 V.S.A. chapter 25;

(2) administration of a program for licensed cannabis establishments,which shall include compliance and enforcement; and

(3) submission of an annual budget to the Governor.

(c) Membership.

(1) The Board shall be composed of a chair and two members appointedby the Governor in accordance with sections 841 and 842 of this title.

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(2) All Board members shall serve for a term of three years or until asuccessor is appointed and shall be eligible for reappointment, provided that nomember may serve more than three terms.

(3) A vacancy created before the expiration of a term shall be filled inthe same manner as the original appointment for the unexpired portion of theterm. A member appointed to fill a vacancy created before the expiration of aterm shall not be deemed to have served a term for the purpose of subdivision(2) of this subsection.

(4) A member may be removed only for cause by the remainingmembers of the Commission in accordance with the Vermont AdministrativeProcedure Act.

(d)(1) Conflicts of interest. No Board member shall, during his or her termor terms on the Board, be an officer of, director of, organizer of, employee of,consultant to, or attorney for any person subject to regulation by the Board.

(2) No Board member shall participate in creating or applying any law,rule, or policy or in making any other determination if the Board member,individually or as a fiduciary, or the Board member’s spouse, parent, or childwherever residing or any other member of the Board member’s family residingin his or her household has an economic interest in the matter before the Boardor has any more than a de minimus interest that could be substantially affectedby the proceeding.

(3) No Board member shall, during his or her term or terms on theBoard, solicit, engage in negotiations for, or otherwise discuss futureemployment or a future business relationship of any kind with any personsubject to supervision or regulation by the Board.

(4) No Board member may appear before the Board or any other Stateagency on behalf of a person subject to supervision or regulation by the Boardfor a period of one year following his or her last day as a member of theCannabis Control Board.

(e) Salaries. The Chair and all members of the Board shall be full-timeState employees and shall be exempt from the State classified system. TheChair shall receive compensation equal to two-thirds that of a Superior CourtJudge and other members shall receive compensation equal to one-half that ofa Superior Court Judge.

(f) Executive Director. The Board shall appoint an Executive Director whoshall be an attorney with experience in legislative or regulatory matters. TheDirector shall be a full-time State employee, shall be exempt from the State

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classified system, and shall serve at the pleasure of the Board. The Directorshall be responsible for:

(1) supervising and administering the operation and implementation ofthis chapter and the rules adopted by the Board as directed by the Board;

(2) assisting the Board in its duties and administering the licensingrequirements of this chapter;

(3) acting as Secretary to the Board, but as a nonvoting member of theBoard;

(4) employing such staff as may be required to carry out the functions ofthe Board; and

(5) preparing an annual budget for submission to the Board.

(g) Consultant. The Board is authorized to hire a consultant as needed toassist with its duties under this section.

(h) Advisory committee.

(1) There is an advisory committee established within the Board thatshall be comprised of members with expertise and knowledge relevant to theBoard’s mission. The advisory committee shall be composed of the following12 members:

(A) one member with an expertise in public health appointed by theGovernor;

(B) the Secretary of Agriculture, Food and Markets or designee;

(C) one member with an expertise in laboratory science or toxicologyappointed by the Governor;

(D) one member with an expertise in systemic social justice andequity issues appointed by the Speaker of the House;

(E) one member with an expertise in women and minority-ownedbusiness ownership appointed by the Speaker of the House;

(F) one member with an expertise in substance misuse preventionappointed by the Senate Committee on Committees;

(G) one member with an expertise in the cannabis industry appointedby the Senate Committee on Committees;

(H) one member with an expertise in business management orregulatory compliance appointed by the Treasurer;

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(I) one member with an expertise in municipal issues appointed bythe Treasurer;

(J) one member with an expertise in public safety appointed by theAttorney General;

(K) one member with an expertise in criminal justice reformappointed by the Attorney General; and

(L) the Secretary of Natural Resources or designee.

(2) Initial appointments to the advisory committee as provided insubdivision (1) of this subsection (h) shall be made on or before December 1,2020.

(3) The Board may establish subcommittees within the advisorycommittee to accomplish its work.

(4) Members of the Advisory Committee who are not otherwisecompensated by the member’s employer for attendance at meetings shall beentitled to per diem compensation and reimbursement of expenses as permittedunder 32 V.S.A. § 1010 for not more than six meetings annually. Thesepayments shall be made from the Cannabis Regulation Fund.

§ 844. AUTHORITY FOR CRIMINAL BACKGROUND CHECKS

The Board shall establish a user agreement with the Vermont CrimeInformation Center in accordance with 20 V.S.A. chapter 117 for the purposeof obtaining Vermont criminal history records, out-of-state criminal historyrecords, and criminal history records from the Federal Bureau of Investigationas required by chapter 33 of this title.

§ 845. CANNABIS REGULATION FUND

(a) There is established the Cannabis Regulation Fund, which shall bemanaged in accordance with 32 V.S.A. chapter 7, subchapter 5. The Fundshall be maintained by the Cannabis Control Board.

(b) The Fund shall be composed of all State application fees, annual licensefees, renewal fees, identification card fees, and civil penalties collected by theBoard pursuant to this chapter and chapter 33 of this title.

(c) Monies from the fund shall only be appropriated for the purposes ofimplementation, administration, and enforcement of this chapter and chapter33 of this title.

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§ 846. FEES

(a) The Board shall have the authority to charge and collect State and localfees as provided under this chapter and chapter 33 of this title. State and localfees shall be due and payable at the time of application or renewal.

(b) The Board shall deposit State fees into the Cannabis Regulation Fund.

(c) After reduction for costs of administration and collection, the Boardshall pay local fees on a quarterly basis to the municipality in which the feeswere collected.

§ 847. APPEALS

(a)(1) A party aggrieved by a final decision of the Board may, within30 days of the decision, appeal that decision by filing a notice of appeal withthe Executive Director who shall assign the case to an appellate officer.

(2)(A) The review shall be conducted on the basis of the record createdbefore the Board.

(B) In cases of alleged irregularities in procedure before the Board,not shown in the record, proof on that issue may be taken by the appellateofficer.

(b) The appellate officer shall not substitute his or her judgment for that ofthe Board as to the weight of the evidence on questions of fact. The appellateofficer may affirm the decision, or may reverse and remand the matter withrecommendations if substantial rights of the appellant have been prejudicedbecause the Board’s finding, inferences, conclusions, or decisions are:

(1) in violation of constitutional or statutory provisions;

(2) in excess of the statutory authority of the Board;

(3) made upon unlawful procedure;

(4) affected by other error of law;

(5) clearly erroneous in view of the evidence on the record as a whole;

(6) arbitrary or capricious; or

(7) characterized by abuse of discretion or clearly unwarranted exerciseof discretion.

(c) A party aggrieved by a decision of the appellate officer may appeal tothe Supreme Court, which shall review the matter on the basis of the recordscreated before the Board.

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(d) The Board shall have the authority to contract for the services of anappellate officer.

Sec. 3. IMPLEMENTATION OF THE CANNABIS CONTROL BOARD

(a) The Cannabis Control Board, created in Sec. 2 of this act, is establishedon June 1, 2020.

(b) Members of the Board shall be appointed on or before September 1,2020 and terms of members shall officially begin on such date.

(c)(1) In order to stagger the terms of the members of the Board, the initialterms of those members shall be as follows:

(A) the Chair shall serve for a three-year term;

(B) one members shall serve for a two-year term; and

(C) one members shall serve for a one-year term.

(2) After the expiration of the initial terms set forth in subdivision (1) ofthis subsection, Board member terms shall be as set forth in 7 V.S.A. § 843.

Sec. 4. IMPLEMENTATION OF RULEMAKING BY THE CANNABISCONTROL BOARD

On or before March 1, 2021 the Cannabis Control Board shall initiaterulemaking for cannabis establishments pursuant to chapter 33 of this title asprovided in Sec. 7 of this act.

Sec. 5. CANNABIS CONTROL BOARD REPORT TO THE GENERALASSEMBLY; PROPOSAL FOR POSITIONS, FEES, ANDAPPROPRIATIONS FOR FISCAL YEARS 2022 AND 2023; LANDUSE, ENVIRONMENTAL, ENERGY, AND EFFICIENCYREQUIREMENTS OR STANDARDS; OUTREACH, TRAINING,AND EMPLOYMENT PROGRAMS; ONLINE ORDERING ANDDELIVERY; ADDITIONAL TYPES OF LICENSES

(a) On or before January 15, 2021, the Executive Director of the CannabisControl Board shall provide recommendations to the General Assembly on thefollowing:

(1) Resources necessary for implementation of this act for fiscal years2022 and 2023, including positions and funding. The Board shall considerutilization of current expertise and resources within State government andcooperation with other State departments and agencies where there may be anoverlap in duties.

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(2) State fees to be charged and collected in accordance with theBoard’s authority pursuant to 7 V.S.A. § 846. The recommendations shall beaccompanied by information justifying the recommended rate as required by32 V.S.A. § 605(d). The State fees submitted in accordance with thissubdivision shall be projected to be sufficient to fund the duties of theCannabis Control Board as provided in 7 V.S.A. § 843. To the extent possible,the recommend fees shall include an amount to repay over a period, not greaterthan 10 years, to the General Fund any application of excise taxes to theCannabis Regulation Fund made pursuant to Sec. 6c of this act.

(A) Application fees, initial annual license fees, and annual licenserenewal fees for each type of cannabis establishment license as provided in7 V.S.A. § 846: cultivator, product manufacturer, wholesaler, retailer, testinglaboratory, and integrated. If the Board establishes tiers within a licensingcategory, it shall provide a fee recommendation for each tier.

(B) Fee for a cannabis establishment identification card as providedin 7 V.S.A. § 884.

(3) Whether monies expected to be generated by State fees identified insubdivision (2) of this subsection are sufficient to support the statutory dutiesof the Board and whether any portion of the tax established pursuant to32 V.S.A. § 7902 should be allocated to the Cannabis Regulation Fund toensure these duties are met.

(4) Local fees to be charged and collected in accordance with theBoard’s authority pursuant to 7 V.S.A. § 846. The recommendations shall beaccompanied by information justifying the recommended rate as required by32 V.S.A. § 605(d). The Board shall recommend local fees that are designedto help defray the costs incurred by municipalities in which cannabisestablishments are located.

(b) On or before January 15, 2021, the Executive Director of the CannabisControl Board, after consultation with the Secretary of Natural Resources, theChair of the Natural Resources Board, and the Secretary of Agriculture, Foodand Markets, shall recommend to the General Assembly exemptions, specificcriteria, or additional requirements under applicable State or localenvironmental or land use law for cannabis establishments in the State. Therecommendations shall address whether additional groundwater qualityrequirements are required for the cultivation of cannabis in order to protect thegroundwater resources of the State from overuse. The Executive Director mayprovide the recommendations based on a tier, type, or category of cannabiscultivation or cannabis establishment.

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(c) On or before January 15, 2021, the Executive Director of the CannabisControl Board, after consultation with the Commissioner of Public Service andthe Chair of the Public Utility Commission, shall recommend to the GeneralAssembly energy or efficiency requirements or standards for the operation ofcannabis establishments in the State. The recommendations shall include:

(1) recommended building energy standards for cannabis establishmentsif different from existing commercial building standards;

(2) recommended energy audits for cannabis establishments, includingthe recommended frequency of audits and who should perform the audits; and

(3) energy efficiency and conservation measures applicable to cannabisestablishments.

(d) In making the recommendations required under subsections (b) and (c)of this section, the Executive Director of the Cannabis Control Board shallrecommend the permits, licenses, or standards that a licensed cannabiscultivator or cannabis product manufacturer shall demonstrate, as a conditionof licensure, or as a condition for licensure renewal if such standards are notestablished prior to initial licensure.

(e) On or before March 1, 2021, the Executive Director of the CannabisControl Board shall submit to the General Assembly the Board’srecommendation whether licensed cannabis product manufacturers should beconsidered a food manufacturing establishment or food processor pursuant to18 V.S.A. § 4301(7) for the purpose of licensing and regulation by theDepartment of Health.

(f) On or before November 15, 2021, the Executive Director of theCannabis Control Board shall submit to the General Assembly:

(1) a proposal to work with the Department of Labor, Agency ofCommerce and Community Development, the Department of Corrections, andthe Director of Racial Equity to develop outreach, training, and employmentprograms focused on providing economic opportunities to individuals whohistorically have been disproportionately impacted by cannabis prohibition;

(2) a summary of the experience of other jurisdictions with regulatedcannabis markets that allow licensed retail cannabis establishments to acceptonline ordering for in-store pick-up of items and to deliver to customers andthe advantages and disadvantages of allowing such services in Vermont;

(3) recommendations as to whether the General Assembly shouldconsider adding additional types of cannabis licenses, including a craftcooperative license, delivery license, or special event license;

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(4) recommendations as to whether cannabis and cannabis productsshould have a minimum amount of cannabidiol to aid in the prevention of thecannabis-induced psychosis that occurs in some users of cannabis and cannabisproducts; and

(5) recommendations regarding the display and sale of cannabis-relatedparaphernalia that is sold by persons who are not licensed as a cannabisestablishment or a dispensary.

Sec. 6. CANNABIS CONTROL BOARD; POSITIONS

The following new permanent positions are created in the Cannabis ControlBoard:

(1) three full-time, exempt members of the Board;

(2) one full-time, exempt Executive Director of the Board; and

(3) one full-time, classified Administrative Assistant.

Sec. 6a. BUILDINGS AND GENERAL SERVICES; SPACE ALLOCATION

The Commissioner of Buildings and General Services shall allocate spacefor the Cannabis Control Board established in Sec. 2 of this act. This spaceshall be allocated on or before September 1, 2020.

Sec. 6b. APPROPRIATION

In fiscal year 2021, $860,000.00 is appropriated from the CannabisRegulation Fund to the Cannabis Control Board. This appropriation is made inanticipation of receipts in the Fund.

Sec. 6c. CONTINGENT CANNABIS REGULATION FUND DEFICITOFFSET; REPAYMENT

(a) To the extent that the Cannabis Regulation Fund has a negative balanceat the close of the fiscal year 2022, proceeds in that amount from the taxestablished in 32 V.S.A. § 7901 in fiscal year 2023 shall be deposited into theCannabis Regulation Fund.

(b) To the extent that a positive balance exists in the Cannabis RegulationFund at the close of any fiscal year and any application of excise taxes to theCannabis Regulation Fund made pursuant to subsection (a) of this section hasnot been fully repaid to the General Fund, the positive Cannabis RegulationFund balance shall be transferred to the General Fund.

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(c) Thirty percent of any transfers made to the General Fund pursuant tosubsection (b) of this section or subdivision 5(a)(2) of Sec. 5 of this act shallbe allocated to substance misuse prevention activities consistent with Sec. 18aof this act.

Sec. 6d. AUDITOR OF ACCOUNTS REPORT

On or before November 15, 2023, the Auditor of Accounts shall report tothe General Assembly regarding the organizational structure and membershipof the Cannabis Control Board and whether the structure continues to be themost efficient for carrying out the statutory duties of the Board.

Sec. 6e. REPEAL OF CANNABIS CONTROL BOARD

The following are repealed on July 1, 2024:

(1) 7 V.S.A. § 841 (Cannabis Control Board; appointment);

(2) 7 V.S.A. § 842 (Cannabis Control Board Nominating Committee);and

(3) 7 V.S.A. § 843 (Cannabis Control Board; members; duties).

* * * Cannabis Establishments * * *


CHAPTER 33. CANNABIS ESTABLISHMENTS

Subchapter 1. General Provisions

§ 861. DEFINITIONS


(1) “Advertise” means the publication or dissemination of anadvertisement.

(2) “Advertisement” means any written or verbal statement, illustration,or depiction that is calculated to induce sales of cannabis or cannabis products,including any written, printed, graphic, or other material, billboard, sign, orother outdoor display, other periodical literature, publication, or in a radio ortelevision broadcast, the Internet, or in any other media. The term does notinclude:

(A) any label affixed to any cannabis or cannabis product, or anyindividual covering, carton, or other wrapper of that container that constitutesa part of the labeling under provisions of these standards;

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(B) any editorial or other reading material, such as a news release, inany periodical or publication or newspaper for the publication of which nomoney or valuable consideration is paid or promised, directly or indirectly, byany cannabis establishment, and that is not written by or at the direction of thelicensee;

(C) any educational, instructional, or otherwise noncommercialmaterial that is not intended to induce sales and that does not propose aneconomic transaction, but that merely provides information to the public in anunbiased manner; or

(D) a sign attached to the premises of a cannabis establishment thatmerely identifies the location of the cannabis establishment.

(3) “Affiliate” means a person that directly or indirectly owns orcontrols, is owned or controlled by, or is under common ownership or controlwith another person.

(4) “Applicant” means a person that applies for a license to operate acannabis establishment pursuant to this chapter.

(5) “Board” means the Cannabis Control Board.

(6) “Cannabis” shall have the same meaning as provided in section 831of this title.

(7) “Cannabis cultivator” or “cultivator” means a person licensed by theBoard to engage in the cultivation of cannabis in accordance with this chapter.

(8) “Cannabis establishment” means a cannabis cultivator, wholesaler,product manufacturer, retailer, or testing laboratory licensed by the Board toengage in commercial cannabis activity in accordance with this chapter.

(9) “Cannabis product” shall have the same meaning as provided insection 831 of this title.

(10) “Cannabis product manufacturer” or “product manufacturer” meansa person licensed by the Board to manufacture cannabis products inaccordance with this chapter.

(11) “Cannabis retailer” or “retailer” means a person licensed by theBoard to sell cannabis and cannabis products to adults 21 years of age andolder for off-site consumption in accordance with this chapter.

(12) “Cannabis testing laboratory” or “testing laboratory” means aperson licensed by the Board to test cannabis and cannabis products inaccordance with this chapter.

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(13) “Cannabis wholesaler” or “wholesaler” means a person licensed bythe Board to purchase, process, transport, and sell cannabis and cannabisproducts in accordance with this chapter.

(14) “Chair” means the Chair of the Cannabis Control Board.

(15) “Characterizing flavor” means a taste or aroma, other than the tasteor aroma of cannabis, imparted either prior to or during consumption of acannabis product. The term includes tastes or aromas relating to any fruit,chocolate, vanilla, honey, maple, candy, cocoa, dessert, alcoholic beverage,mint, menthol, wintergreen, herb or spice, or other food or drink, or to anyconceptual flavor that imparts a taste or aroma that is distinguishable fromcannabis flavor but may not relate to any particular known flavor.

(16) “Child-resistant packaging” means packaging that is designed orconstructed to be significantly difficult for children under five years of age toopen or obtain a toxic or harmful amount of the substance in the containerwithin a reasonable time and not difficult for normal adults to use properly, butdoes not mean packaging that all children under five years of age cannot openor obtain a toxic or harmful amount of the substance in the container within areasonable time.

(17) “Controls,” “is controlled by,” and “under common control” meanthe power to direct, or cause the direction or management and policies of aperson, whether through the direct or beneficial ownership of voting securities,by contract, or otherwise. A person who directly or beneficially owns10 percent or more equity interest, or the equivalent thereof, of another personshall be deemed to control the person.

(18) “Dispensary” means a business organization licensed pursuant to

18 V.S.A. chapter 86.

(19) “Enclosed, locked facility” means a building, room, greenhouse,outdoor fenced-in area, or other location that is enclosed on all sides andprevents cannabis from easily being viewed by the public. The facility shallbe equipped with locks or other security devices that permit access only by:

(A) Employees, agents, or owners of the cultivator, all of whom shallbe 21 years of age or older.

(B) Government employees performing their official duties.

(C) Contractors performing labor that does not include cannabiscultivation, packaging, or processing. Contractors shall be accompanied by anemployee, agent, or owner of the cultivator when they are in areas wherecannabis is being grown, processed, packaged, or stored.

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(D) Registered employees of other cultivators, members of themedia, elected officials, and other individuals 21 years of age or older visitingthe facility, provided they are accompanied by an employee, agent, or ownerof the cultivator.

(20) “Flavored oil cannabis product” means any oil cannabis productthat contains an additive to give it a characterizing flavor.

(21) “Integrated licensee” means a person licensed by the Board toengage in the activities of a cultivator, wholesaler, product manufacturer,retailer, and testing laboratory in accordance with this chapter.

(22) “Municipality” means a town, city, or incorporated village.

(23) “Person” shall include any natural person; corporation;municipality; the State of Vermont or any department, agency, or subdivisionof the State; and any partnership, unincorporated association, or other legalentity.

(24) “Plant canopy” means the square footage dedicated to live plantproduction and does not include areas such as office space or areas used for thestorage of fertilizers, pesticides, or other products.

(25) “Principal” means an individual vested with the authority toconduct, manage, or supervise the business affairs of a person, and mayinclude the president, vice president, secretary, treasurer, manager, or similarexecutive officer of a business; a director of a corporation, nonprofitcorporation, or mutual benefit enterprise; a member of a nonprofit corporation,cooperative, or member-managed limited liability company; and a partner of apartnership.

(26) “Small cultivator” means a cultivator with a plant canopy or spacefor cultivating plants for breeding stock of not more than 1000 square feet.

§ 862. NOT APPLICABLE TO HEMP OR THERAPEUTIC USE OFCANNABIS

This chapter applies to the regulation of cannabis establishments by theBoard and shall not apply to activities regulated by 6 V.S.A. chapter 34 (hemp)or 18 V.S.A. chapter 86 (therapeutic use of cannabis).

§ 863. REGULATION BY LOCAL GOVERNMENT

(a)(1) Prior to a cannabis retailer operating within a municipality, themunicipality shall affirmatively permit the operation of such retailers bymajority vote of those present and voting by Australian ballot at an annual orspecial meeting warned for that purpose.

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(2) A vote to permit the operation of a licensed cannabis retailer withinthe municipality shall remain in effect until rescinded by majority vote ofthose present and voting by Australian ballot at a subsequent annual or specialmeeting warned for that purpose. A rescission of the permission to operate alicensed cannabis retailer within the municipality under this subdivision shallnot apply to a licensed cannabis retailer that is operating within themunicipality at the time of the vote.

(b) A municipality that hosts a cannabis establishment may establish acannabis control commission composed of commissioners who may bemembers of the municipal legislative body. The local cannabis controlcommission may issue and administer local control licenses under thissubsection for cannabis establishments within the municipality. Thecommissioners may condition the issuance of a local control license uponcompliance with any bylaw adopted pursuant to 24 V.S.A. § 4414 orordinances regulating signs or public nuisances adopted pursuant to 24 V.S.A.§ 2291. The commission may suspend or revoke a local control license for aviolation of any condition placed upon the license. The Board shall adoptrules relating to a municipality’s issuance of a local control license inaccordance with this subsection and the local commissioners shall administerthe rules furnished to them by the Board as necessary to carry out the purposesof this section.

(c) Prior to issuing a license to a cannabis establishment under this chapter,the Board shall ensure that the applicant has obtained a local control licensefrom the municipality, if required.

(d) A municipality shall not:

(1) prohibit the operation of a cannabis establishment within themunicipality through an ordinance adopted pursuant to 24 V.S.A. § 2291 or abylaw adopted pursuant to 24 V.S.A. § 4414;

(2) condition the operation of a cannabis establishment, or the issuanceor renewal of a municipal permit to operate a cannabis establishment, on anybasis other than the conditions in subsection (b) of this section; and

(3) exceed the authority granted to it by law to regulate a cannabisestablishment.

§ 864. ADVERTISING; PROHIBITION

(a) Purpose. Although the intent of this chapter is to create under State lawa legal market for the sale of cannabis that is safer than the existing illegalmarket for the sale of cannabis, the purpose of this section is to ban theadvertising of the sale of cannabis in order to address the multiple public

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health and safety concerns that legalization alone does not sufficiently addressor mitigate, including:

(1) limiting exposure of children to cannabis advertising;

(2) preventing expansion of the cannabis market to new users, whetherchildren or adult, who may be influenced by advertising;

(3) preventing an increase in the number of persons who because ofState legalization do not understand that the sale, cultivation, and use ofcannabis remains illegal under federal law; and

(4) preventing an increase in the market and amount of cannabis sold inthe State.

(b) Prohibition on advertising. To achieve the purposes of subsection (a)of this section, a licensed cannabis establishment is prohibited fromadvertising.

(c) For purposes of this section, advertising shall not include:

(1) any label affixed to any cannabis or cannabis product, or anyindividual covering, carton, or other wrapper of that container that constitutesa part of the labeling under provisions of these standards;

(2) any editorial or other reading material, such as a news release, in anyperiodical or publication or newspaper for the publication of which no moneyor valuable consideration is paid or promised, directly or indirectly, by anycannabis establishment, and that is not written by or at the direction of thelicensee;

(3) any educational, instructional, or otherwise noncommercial materialthat is not intended to induce sales and that does not propose an economictransaction, but that merely provides information to the public in an unbiasedmanner; or

(4) a sign attached to the premises of a cannabis establishment thatmerely identifies the location of the cannabis establishment.

§ 865. EDUCATION

(a) A licensee shall complete an enforcement seminar every three yearsconducted by the Board. A license shall not be renewed unless the records ofthe Board show that the licensee has complied with the terms of thissubsection.

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(b) A licensee shall ensure that each employee involved in the sale ofcannabis or cannabis products to the public completes a training programapproved by the Board prior to selling cannabis or cannabis products and atleast once every 24 months thereafter. The training shall include informationabout the health effects of the use of cannabis and cannabis products. Alicensee shall keep a written record of the type and date of training for eachemployee, which shall be signed by each employee. A licensee may complywith this requirement by conducting its own training program on its premises,using information and materials furnished by the Board. A licensee who failsto comply with the requirements of this section shall be subject to a suspensionof not less than one day of the license issued under this chapter.

§ 866. YOUTH

(a) A cannabis establishment licensed pursuant to this chapter shall notdispense or sell cannabis to a person under 21 years of age or employ a personunder 21 years of age. The Board may assess civil penalties against or suspendor revoke the license of a cannabis establishment that dispenses or sellscannabis or cannabis products to a person under 21 years of age.

(b) A cannabis establishment shall not permit a person under 21 years ofage to enter a building or enclosure on the premises where cannabis is located.This subsection shall not apply to a registered patient visiting a dispensaryeven if that dispensary is located in a building that is located on the samepremises of a cannabis establishment.

(c) The Board, in consultation with the Department of Health, shall adoptrules in accordance with section 881 of this title to:

(1) prohibit cannabis products or the packaging of such products that aredesigned to make the product more appealing to persons under 21 years of age;

(2) prohibit the packaging of cannabis that is designed to make theproduct more appealing to persons under 21 years of age;

(3) require that cannabis products sold by licensed retailers andintegrated licensees are contained in child-resistant packaging; and

(4) require that cannabis and cannabis products sold by licensed retailersand integrated licensees are packaged with labels that clearly indicate that thecontents of the package contain cannabis and should be kept away frompersons under 21 years of age.

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§ 867. STANDARD SYMBOL FOR CANNABIS

The Board shall create a standard symbol that shall be used on all cannabisand cannabis products sold by a licensed cannabis retailer to indicate that thecontents of a package contain cannabis.

§ 868. PROHIBITED PRODUCTS

(a) The following are prohibited products and may not be cultivated,produced or sold pursuant to a license issued under this chapter:

(1) cannabis flower with greater than 30 percent tetrahydrocannabinol;

(2) solid concentrate cannabis products with greater than 60 percenttetrahydrocannabinol;

(3) oil cannabis products except for those that are sold prepackaged foruse with battery-powered devices;

(4) flavored oil cannabis products sold prepackaged for use withbattery-powered devices and any cannabis flower that contains characterizingflavor that is not naturally occurring in the cannabis;

(5) cannabis products that contain delta-9 tetrahydrocannabinol andnicotine or alcoholic beverages; and

(6) any cannabis or cannabis products that are designed to make theproduct more appealing to persons under 21 years of age.

§ 869. CULTIVATION OF CANNABIS; ENVIRONMENTAL AND LANDUSE STANDARDS

(a) A cannabis establishment shall not be regulated as “farming” under theRequired Agricultural Practices, 6 V.S.A. chapter 215, or other State law, andcannabis produced from cultivation shall not be considered an agriculturalproduct or agricultural crop for the purposes of 32 V.S.A. chapter 124,32 V.S.A. § 9741, or other relevant State law.

(b) The cultivation, processing, and manufacturing of cannabis regulatedunder this chapter shall comply with all applicable State, federal, and localenvironmental, energy, or public health law, unless otherwise provided underthis chapter.

(c) A cannabis establishment regulated under this chapter shall be subjectto regulation under 24 V.S.A. chapter 117 as authorized by this chapter.

(d)(1) The cultivation, processing, and manufacturing of cannabisregulated under this chapter shall comply with the following sections of theRequired Agricultural Practices:

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(A) section 6, regarding conditions, restriction, and operatingstandards;

(B) section 8, regarding groundwater quality and groundwaterquality investigations; and

(C) section 12, regarding subsurface tile drainage.

(2) Application of or compliance with the Required AgriculturalPractices under subdivision (1) of this subsection shall not be construed toprovide a presumption of compliance with or exemption to any applicableState, federal, and local environmental, energy, public health, or land use lawrequired under subsections (b) and (c) of this section.

(e) Persons cultivating cannabis or handling pesticides for the purposes ofthe manufacture of cannabis products shall comply with the worker protectionstandard of 40 C.F.R. part 170.

Subchapter 2. Administration

§ 881. RULEMAKING; CANNABIS ESTABLISHMENTS

(a) The Board shall adopt rules to implement and administer this chapter inaccordance with subdivisions (1)–(7) of this subsection.

(1) Rules concerning any cannabis establishment shall include:

(A) the form and content of license and renewal applications;

(B) qualifications for licensure that are directly and demonstrablyrelated to the operation of a cannabis establishment, including:

(i) a requirement to submit an operating plan, which shall includeinformation concerning:

(I) the type of business organization; the identity of itscontrolling owners and principals; and the identity of the controlling ownersand principals of its affiliates; and

(II) the sources, amount, and nature of its capital, assets, andfinancing; the identity of its financiers; and the identity of the controllingowners and principals of its financiers;

(ii) a requirement to file an amendment to its operating plan in theevent of a significant change in organization, operation, or financing; and

(iii) the requirement for a fingerprint-based criminal historyrecord check and regulatory record check pursuant to section 883 of this title;

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(C) oversight requirements, including provisions to ensure that alicensed establishment complies with State and federal regulatory requirementsgoverning insurance, securities, workers’ compensation, unemploymentinsurance, and occupational health and safety;

(D) inspection requirements;

(E) records to be kept by licensees and the required availability of therecords;

(F) employment and training requirements;

(G) security requirements, including any appropriate lighting,physical security, video, and alarm requirements;

(H) health and safety requirements;

(I) regulation of additives to cannabis and cannabis products,including those that are toxic or designed to make the product more addictive,more appealing to persons under 21 years of age, or to mislead consumers;

(J) procedures for seed-to-sale traceability of cannabis, including anyrequirements for tracking software;

(K) regulation of the storage and transportation of cannabis;

(L) sanitary requirements;

(M) procedures for the renewal of a license, which shall allowrenewal applications to be submitted up to 90 days prior to the expiration ofthe cannabis establishment’s license;

(N) procedures for suspension and revocation of a license;

(O) requirements for banking and financial transactions, includingprovisions to ensure that the Board, the Department of Financial Regulation,and financial institutions have access to relevant information concerninglicensed establishments to comply with State and federal regulatoryrequirements;

(P) disclosure or eligibility requirements for a financier, its ownersand principals, and its affiliates, which may include:

(i) requirements to disclose information to a licensedestablishment, the Board, or the Department of Financial Regulation;

(ii) a minimum age requirement and a requirement to conduct abackground check for natural persons;

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(iii) requirements to ensure that a financier complies withapplicable State and federal laws governing financial institutions, licensedlenders, and other financial service providers; and

(iv) any other requirements, conditions, or limitations on the typeor amount of loans or capital investments made by a financier or its affiliates,which the Board, in consultation with the Department of Financial Regulation,determines is necessary to protect the public health, safety, and generalwelfare; and

(Q) policies and procedures for conducting outreach and promotingparticipation in the regulated cannabis market by diverse groups of individuals,including those who have been disproportionately harmed by cannabisprohibition.

(2)(A) Rules concerning cultivators shall include:

(i) creation of a tiered system of licensing based on the plantcanopy size of the cultivation operation or plant count for breeding stock;

(ii) pesticides or classes of pesticides that may be used bycultivators, provided that any rules adopted under this subdivision shallcomply with and shall be at least as stringent as the Agency of Agriculture,Food and Markets’ Vermont Pesticide Control Regulations;

(iii) standards for indoor cultivation of cannabis;

(iv) procedures and standards for testing cannabis forcontaminants, potency, and quality assurance and control;

(v) labeling requirements for cannabis sold to retailers andintegrated licensees, including health warnings developed by the Departmentof Health;

(vi) regulation of visits to the establishments, including thenumber of visitors allowed at any one time and record keeping concerningvisitors; and

(vii) facility inspection requirements and procedures.

(B) The Board shall consider the different needs and risks of smallcultivators when adopting rules and shall make an exception oraccommodation to such rules for cultivators of this size where appropriate.

(3) Rules concerning product manufacturers shall include:

(A) requirements that a single package of a cannabis product shallnot contain more than 50 milligrams of THC, except in the case of:

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(i) cannabis products that are not consumable, including topicalpreparations; and

(ii) cannabis products sold to a dispensary pursuant to 18 V.S.A.chapter 86 and regulations issued pursuant to that chapter;

(B) requirements that cannabis products are labeled in a manner thatstates the number of servings of tetrahydrocannabinol in the product, measuredin servings of a maximum of five milligrams per serving, except:

(i) cannabis products that are not consumable, including topicalpreparations; and

(ii) cannabis products sold to a dispensary pursuant to 18 V.S.A.chapter 86 and regulations issued pursuant to that chapter;

(C) requirements that cannabis products are labeled with the date theproduct was manufactured, the date the product is best used by, the ingredientscontained in the product, information on the length of time it typically takesfor products to take effect, and appropriate warnings developed by theDepartment of Health;

(D) requirements that a cannabis product is clearly identifiable with astandard symbol adopted by the Board indicating that it contains cannabis;

(E) procedures and standards for testing cannabis products forcontaminants, potency, and quality assurance and control;

(F) requirements for opaque, child-resistant packaging; and

(G) a prohibition on:

(i) products or packaging that are designed to make the productmore appealing to persons under 21 years of age; and

(ii) the inclusion of nicotine or alcoholic beverages in a cannabisproduct.

(4) Rules concerning wholesalers shall include any provisions the Boardhas not addressed in subdivision (a)(1) of this section that are appropriate forsafe regulation of wholesalers in accordance with this chapter.

(5) Rules concerning retailers shall include:

(A) requirements for proper verification of age of customers;

(B) restrictions that cannabis shall be stored behind a counter or otherbarrier to ensure a customer does not have direct access to the cannabis;

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(C) requirements that if the retailer sells hemp or hemp products, thehemp and hemp products are clearly labeled as such and displayed separatelyfrom cannabis and cannabis products;

(D) requirements for opaque, child-resistant packaging of cannabisand cannabis products at point of sale to customer; and

(E) facility inspection requirements and procedures.

(6) Rules concerning testing laboratories shall include:

(A) procedures and standards for testing cannabis and cannabisproducts for contaminants, potency, and quality assurance and control;

(B) reporting requirements, including requirements for chain-of-custody record keeping; and

(C) procedures for destruction of all cannabis and cannabis productssamples.

(7) Rules concerning integrated licensees shall include the provisionsprovided in subdivisions (a)(1)–(6) of this section and any additionalprovisions the Board deems appropriate for safe regulation of integratedlicensees in accordance with this chapter.

(b) The Board shall consult with other State agencies and departments asnecessary in the development and adoption of rules where there is sharedexpertise and duties.

§ 882. SUSPENSION AND REVOCATION OF LICENSES; CIVILPENALTIES

(a) The Board shall have the authority to suspend or revoke a cannabisestablishment license for violations of this chapter in accordance with rulesadopted pursuant to this chapter.

(b) The Board shall have authority to issue civil citations for violations ofthis chapter in accordance with rules adopted pursuant to this chapter. Anyproposed rule under this section shall include the full, minimum, and waiverpenalty amounts for each violation.

§ 883. CRIMINAL BACKGROUND RECORD CHECKS; APPLICANTS

(a) The Board shall obtain from the Vermont Crime Information Center acopy of a license applicant’s fingerprint-based Vermont criminal historyrecords, out-of-state criminal history records, and criminal history recordsfrom the Federal Bureau of Investigation.

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(b) The Board shall adopt rules that set forth standards for determiningwhether an applicant should be denied a cannabis establishment licensebecause of his or her criminal history record based on factors that demonstratewhether the applicant presently poses a threat to public safety or the properfunctioning of the regulated market. Nonviolent drug offenses shall notautomatically disqualify an applicant.

§ 884. CANNABIS ESTABLISHMENT IDENTIFICATION CARD

(a) Every owner, principal, and employee of a cannabis establishment shallobtain an identification card issued by the Board.

(b)(1) Prior to issuing the identification card, the Board shall obtain fromthe Vermont Crime Information Center a copy of the person’s Vermontfingerprint-based criminal history records, out-of-state criminal historyrecords, and criminal history records from the Federal Bureau of Investigation.

(2) The Board shall adopt rules that set forth standards for determiningwhether a person should be denied a cannabis establishment identification cardbecause of his or her criminal history record based on factors that demonstratewhether the applicant presently poses a threat to public safety or the properfunctioning of the regulated market. Nonviolent drug offenses shall notautomatically disqualify an applicant.

(c) Once an identification card application has been submitted, a personmay serve as an employee of a cannabis establishment pending the backgroundcheck, provided the person is supervised in his or her duties by someone whois a cardholder. The Board shall issue a temporary permit to the person for thispurpose, which shall expire upon the issuance of the identification card ordisqualification of the person in accordance with this section.

(d) An identification card shall expire one year after its issuance or uponthe expiration of the cannabis establishment’s license, whichever occurs first.

Subchapter 3. Licenses

§ 901. GENERAL PROVISIONS

(a) Except as otherwise permitted by law, a person shall not engage in thecultivation, preparation, processing, packaging, transportation, testing, or saleof cannabis or cannabis products without obtaining a license from the Board.

(b) All licenses shall be valid for one year and expire at midnight on theeve of the anniversary of the date the license was issued. A licensee mayapply to renew the license annually.

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(c) Applications for licenses and renewals shall be submitted on formsprovided by the Board and shall be accompanied by the fees provided for insection 909 of this title.

(d)(1) There shall be six types of licenses available:

(A) a cultivator license;

(B) a wholesaler license;

(C) a product manufacturer license;

(D) a retailer license;

(E) a testing laboratory license; and

(F) an integrated license.

(2)(A) The Board shall develop tiers for:

(i) cultivator licenses based on the plant canopy size of thecultivation operation or plant count for breeding stock.

(ii) retailer licenses.

(B) The Board may develop tiers for other types of licenses.

(3)(A) Except as provided in subdivision (3)(B) of this subsection (d),an applicant and its affiliates may obtain a maximum of one type of each typeof license as provided in subdivision (d)(1)(A)–(E) of this title. Each licenseshall permit only one location of the establishment.

(B) An applicant and its affiliates that are a dispensary registeredpursuant to 18 V.S.A. chapter 86 may obtain one integrated license provided insubdivision (d)(1)(F) of this title or a maximum of one of each type of licenseprovided in subdivision (d)(1)(A)–(E) of this title. An integrated licensee maynot hold a separate cultivator, wholesaler, product manufacturer, retailer, ortesting laboratory license. An integrated license shall permit only one locationfor each of the types of activities permitted by the license: cultivation,wholesale operations, product manufacturing, retail sales, and testing.

(e) A dispensary that obtains a retailer license or an integrated licensepursuant to this chapter shall maintain the dispensary and retail operations in amanner that protects patient and caregiver privacy in accordance with rulesadopted by the Board.

(f) Each licensee shall obtain and maintain commercial general liabilityinsurance in accordance with rules adopted by the Board. Failure to provideproof of insurance to the Board, as required, may result in revocation of thelicense.

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(g) All licenses may be renewed according to procedures adopted throughrulemaking by the Board.

(h)(1) The following records shall be exempt from public inspection andcopying under the Public Records Act and shall be confidential:

(A) any record in an application for a license relating to security,public safety, transportation, or trade secrets, including information providedin an operating plan pursuant to subdivision 881(a)(1)(B) of this title; and

(B) any licensee record relating to security, public safety,transportation, trade secrets, or employees.

(2) Notwithstanding 1 V.S.A. § 317(e), the Public Records Actexemption created in this subsection shall continue in effect and shall not berepealed through operation of 1 V.S.A. § 317(e).

§ 902. LICENSE QUALIFICATIONS AND APPLICATION PROCESS

(a) An applicant, principal of an applicant, and person who owns orcontrols an applicant, who is a natural person:

(1) shall be 21 years of age or older; and

(2) shall consent to the release of his or her criminal and administrativehistory records.

(b) As part of the application process, each applicant shall submit, in aformat prescribed by the Board, an operating plan. The Board shall adoptrules regarding the required components of an application for each type oflicense.

(c) The Board shall obtain a fingerprint-based Vermont criminal historyrecord, an out-of-state criminal history record, a criminal history record fromthe Federal Bureau of Investigation, and any regulatory records relating to theoperation of a business in this State or any other jurisdiction for each of thefollowing who is a natural person:

(1) the applicant;

(2) each proposed principal; and

(3) each individual who would control the business.

(d) An applicant who is denied a license may appeal the Board’sdetermination in accordance with section 847 of this title.

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§ 903. PRIORITIES; BUSINESS AND TECHNICAL ASSISTANCE

(a) The Board shall issue licenses pursuant to this chapter as determinedaccording to a system of priorities adopted by rule by the Board. The systemof priorities shall require consideration of criteria, including:

(1) whether the applicants have an existing medical cannabis dispensarylicense in good standing;

(2) whether the applicants would foster social justice and equity in thecannabis industry by being a minority or women-owned business;

(3) whether the applicants propose specific plans to recruit, hire, andimplement a development ladder for minorities, women, or individuals whohave historically been disproportionately impacted by cannabis prohibition;

(4) whether applicants propose specific plans to pay employees a livingwage and offer benefits;

(5) whether the project incorporates principles of environmentalresiliency or sustainability, including energy efficiency; and

(6) the geographic distribution of cannabis establishments based onpopulation and market needs.

(b) The Agency of Commerce and Community Development, incollaboration with the Agency of Agriculture, Food and Markets, shall providebusiness and technical assistance to Vermont applicants with priority forservices based on criteria adopted by the Board in accordance with subsection(a) of this section.

§ 904. CULTIVATOR LICENSE

(a) A cultivator licensed under this chapter may cultivate, process,package, label, transport, test, and sell cannabis to a licensed wholesaler,product manufacturer, retailer, integrated licensee, and dispensary.

(b) Cultivation of cannabis shall occur only in an enclosed, locked facility.

(c) Representative samples of each lot or batch of cannabis intended forhuman consumption shall be tested for safety and potency in accordance withrules adopted by the Board.

(d) Each cultivator shall create packaging for its cannabis.

(1) Packaging shall include:

(A) The name and registration number of the cultivator.

(B) The strain and variety of cannabis contained.

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(C) The potency of the cannabis represented by the amount oftetrahydrocannabinol and cannabidiol in milligrams total and per serving.

(D) A “produced on” date reflecting the date that the cultivatorfinished producing the cannabis.

(E) Appropriate warnings as prescribed by the Board in rule.

(F) Any additional requirements contained in rules adopted by theBoard in accordance with this chapter. Rules shall take into consideration thatdifferent labeling requirements may be appropriate depending on whether thecannabis is sold to a wholesaler, product manufacturer, or retailer.

(2) Packaging shall not be designed to appeal to persons under 21 yearsof age.

(e)(1) Only unadulterated cannabis shall be offered for sale. If, uponinspection, the Board finds any violative pesticide residue or othercontaminants of concern, the Board shall order the cannabis, eitherindividually or in blocks, to be:

(A) put on stop-sale;

(B) treated in a particular manner; or

(C) destroyed according to the Board’s instructions.

(2) Cannabis ordered destroyed or placed on stop-sale shall be clearlyseparable from salable cannabis. Any order shall be confirmed in writingwithin seven days. The order shall include the reason for action, a descriptionof the cannabis affected, and any recommended treatment.

(3) A person may appeal an order issued pursuant to this section within15 days after receiving the order. The appeal shall be made in writing and inaccordance with section 847 of this title and shall clearly identify the cannabisaffected and the basis for the appeal.

§ 904a. SMALL CULTIVATORS

(a) It is the intent of the General Assembly to move as much of the illegalcannabis market as possible into the regulated market for the purposes ofconsumer protection and public safety. It is also the intent of the GeneralAssembly to encourage participation in the regulated cannabis market bysmall, local farmers. In furtherance of these goals, the Board shall considerpolicies to promote small cultivators as defined in section 861 of this title.

(b) The application for small cultivator licenses shall be prioritized overlarger cultivation licenses during the initial application period.

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(c) In accordance with subdivision 881(a)(2)(B) of this chapter, the Boardshall consider the different needs and risks of small cultivators when adoptingrules and shall make an exception or accommodation to such rules forcultivators of this size where appropriate, provided that the rules shall notprovide for an exception or accommodation to the requirements of section 869of this title.

(d) Upon licensing, a small cultivator may sell cannabis to a licenseddispensary at any time, for sale to patients and caregivers pursuant to thedispensary license or to the public pursuant to an integrated license, includingthe time period before retail sales are permitted for licensed cannabis retailers.

§ 905. WHOLESALER LICENSE

A wholesaler licensed under this chapter may:

(1) purchase cannabis from a licensed cultivator and integrated licensee,and cannabis products from a licensed product manufacturer, integratedlicensee, and dispensary; and

(2) transport, process, package, and sell cannabis and cannabis productsto a licensed product manufacturer, retailer, integrated licensee, anddispensary.

§ 906. PRODUCT MANUFACTURER LICENSE

A product manufacturer licensed under this chapter may:

(1) purchase cannabis from a licensed cultivator, wholesalers, orintegrated licensee, and cannabis products from a licensed wholesaler, productmanufacturer, integrated licensee, and dispensary;

(2) use cannabis and cannabis products to produce cannabis products;and

(3) transport, process, package, and sell cannabis products to a licensedwholesaler, product manufacturer, retailer, integrated licensee, and dispensary.

§ 907. RETAILER LICENSE

(a) A retailer licensed under this chapter may:

(1) purchase cannabis from a licensed cultivator, wholesaler, orintegrated licensee, and cannabis products from a licensed wholesaler, productmanufacturer, integrated licensee, and dispensary; and

(2) transport, possess, and sell cannabis and cannabis products to thepublic for consumption off the registered premises.

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(b) In a single transaction, a retailer may provide one ounce of cannabis orthe equivalent in cannabis products, or a combination thereof, to a person 21years of age or older upon verification of a valid government-issuedphotograph identification card.

(c)(1) Packaging shall include:

(A) the strain and variety of cannabis contained;

(B) the potency of the cannabis represented by the amount oftetrahydrocannabinol and cannabidiol in milligrams total and per serving;

(C) a “produced on” date reflecting the date that the cultivatorfinished producing the cannabis;

(D) appropriate warnings as prescribed by the Board in rule; and

(E) any additional requirements contained in rules adopted by theBoard in accordance with this chapter.

(2) Packaging shall not be designed to appeal to persons under 21 yearsof age.

(d) A retailer shall display a safety information flyer at the point ofpurchase and offer a customer a copy of the flyer with each purchase. Aretailer shall inform the customer that if the customer elects not to receive theflyer, the information contained in the flyer is available on the website for theBoard. The flyer shall be developed by the Board in consultation with theDepartment of Health, posted on the Board’s website, and supplied to theretailer free of charge. At a minimum, the flyer or flyers shall containinformation concerning the methods for administering cannabis, the amount oftime it may take for cannabis products to take effect, the risks of driving underthe influence of cannabis, the potential health risks of cannabis use, thesymptoms of problematic usage, how to receive help for cannabis abuse, and awarning that cannabis possession is illegal under federal law.

(e) Internet ordering and delivery of cannabis to customers are prohibited.

§ 908. TESTING LABORATORY LICENSE

(a) A testing laboratory licensed under this chapter may acquire, possess,analyze, test, and transport cannabis and cannabis products obtained from alicensed cannabis establishment, dispensary, or a member of the public.

(b) Testing may address the following:

(1) residual solvents;

(2) poisons or toxins;

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(3) harmful chemicals;

(4) dangerous molds, mildew, or filth;

(5) harmful microbials, such as E. coli or salmonella;

(6) pesticides; and

(7) tetrahydrocannabinol and cannabidiol potency.

(c) A testing laboratory shall have a written procedural manual madeavailable to employees to follow meeting the minimum standards set forth inrules detailing the performance of all methods employed by the facility used totest the analytes it reports.

(d) In accordance with rules adopted pursuant to this chapter, a testinglaboratory shall establish a protocol for recording the chain of custody of allcannabis samples.

(e) A testing laboratory shall establish, monitor, and document the ongoingreview of a quality assurance program that is sufficient to identify problems inthe laboratory systems when they occur.

(f) A cannabis establishment that is subject to testing requirements underthis chapter or rules adopted pursuant to this chapter shall have its cannabis orcannabis products tested by an independent licensed testing laboratory and nota licensed testing laboratory owned or controlled by the license holder of thecannabis establishment.

§ 909. INTEGRATED LICENSE

(a) An integrated license shall allow the licensee to engage in the activitiesof a cultivator, wholesaler, product manufacturer, retailer, and testinglaboratory as provided in sections 904–908 of this title.

(b) An integrated license is only available to an applicant and its affiliatesthat hold a dispensary registration pursuant 18 V.S.A. chapter 86 on July 1,2021. There shall be nor more than five total integrated licenses, one for eachregistered dispensary. Upon compliance with all application procedures andrequirements, the Board shall issue an integrated license to the applicant. Thelicensee shall have the right to renew the license in accordance with rulesadopted by the Board.

Sec. 8. IMPLEMENTATION OF LICENSING CANNABISESTABLISHMENTS

(a)(1) The cannabis plant, cannabis product, and useable cannabispossession limits for a registered dispensary set forth in 18 V.S.A. chapter 86shall no longer apply on and after September 1, 2021. A dispensary shall be

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permitted to cultivate cannabis and manufacture cannabis products for thepurpose of transferring or selling such products to an integrated licensee on orafter January 15, 2022 and engaging in the activities permitted by 7 V.S.A.chapter 33.

(2) On or before January 15, 2022, the Board shall begin acceptingapplications for integrated licenses.

(3) On or before February 15, 2022, the Board shall begin issuingintegrated licenses to qualified applicants. An integrated licensee may beginselling cannabis and cannabis products transferred or purchased from adispensary immediately.

(b)(1) On or before January 15, 2022, the Board shall begin acceptingapplications for small cultivator licenses and testing laboratories. The initialapplication period shall remain open for 30 days. The Board may reopen theapplication process for any period of time at its discretion.

(2) On or before February 15, 2022, the Board shall begin issuing smallcultivator and testing laboratories licenses to qualified applicants. Uponlicensing, small cultivators shall be permitted to sell cannabis to an integratedlicensee and a dispensary licensed pursuant to 18 V.S.A. chapter 86 prior toother types of cannabis establishment licensees beginning operations.

(c)(1) On or before February 15, 2022, the Board shall begin acceptingapplications for all cultivator licenses. The initial application period shallremain open for 30 days. The Board may reopen the application process forany period of time at its discretion.

(2) On or before April 1, 2022, the Board shall begin issuing allcultivator licenses to qualified applicants.

(d)(1) On or before April 1, 2022, the Board shall begin acceptingapplications for product manufacturer licenses and wholesaler licenses. Theinitial application period shall remain open for 30 days. The Board mayreopen the application process for any period of time at its discretion.

(2) On or before May 15, 2022, the Board shall begin issuing productmanufacturer and wholesaler licenses to qualified applicants.

(e)(1) On or before June 1, 2022, the Board shall begin acceptingapplications for retailer licenses. The initial application period shall remainopen for 30 days. The Board may reopen the application process for anyperiod of time at its discretion.

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(2) On or before July 15, 2022, the Board shall begin issuing retailerlicenses to qualified applicants and sales of cannabis and cannabis products bylicensed retailers to the public shall be allowed immediately.

* * * Medical Cannabis Registry * * *

Sec. 9. [Deleted.]

Sec. 10. [Deleted.]

Sec. 11. [Deleted.]

* * * Medical Cannabis Dispensaries * * *

Sec. 12. [Deleted.]

Sec. 13. [Deleted.]

* * * Creation of Excise and Local Option Tax * * ** * * Substance Misuse Prevention Fund * *


CHAPTER 207. CANNABIS TAXES



(1) “Cannabis” has the same meaning as in 7 V.S.A. § 831.

(2) “Cannabis cultivator” has the same meaning as in 7 V.S.A. § 861.

(3) “Cannabis product” has the same meaning as in 7 V.S.A. § 831.

(4) “Cannabis product manufacturer” has the same meaning as in7 V.S.A. § 861.

(5) “Cannabis retailer” has the same meaning as in 7 V.S.A. § 861.

(6) “Cannabis wholesaler” has the same meaning as in 7 V.S.A. § 861.

(7) “Integrated licensee” has the same meaning as in 7 V.S.A. § 861.

(8) “Retail sale” or “sold at retail” means any sale for any purpose otherthan for resale by a cannabis retailer or integrated licensee.

(9) “Sales price” has the same meaning as in section 9701 of this title.

§ 7902. CANNABIS EXCISE TAX

(a) There is imposed a cannabis excise tax equal to 14 percent of the salesprice of each retail sale in this State of cannabis and cannabis products,including food or beverages.

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(b) The tax imposed by this section shall be paid by the purchaser to theretailer or integrated licensee. Each retailer or integrated licensee shall collectfrom the purchaser the full amount of the tax payable on each taxable sale.

(c) The tax imposed by this section is separate from and in addition to thegeneral sales and use tax imposed by chapter 233 of this title. The tax imposedby this section shall not be part of the sales price to which the general sales anduse tax applies. The cannabis excise tax shall be separately itemized from thegeneral sales and use tax on the receipt provided to the purchaser.

(d) The following sales shall be exempt from the tax imposed under thissection:

(1) sales under any circumstances in which the State is without power toimpose the tax; and

(2) sales made by any dispensary as authorized under 18 V.S.A.chapter 86, provided that the cannabis or cannabis product is sold only toregistered qualifying patients directly or through their registered caregivers.

§ 7903. LIABILITY FOR TAX

(a) Any tax collected in accordance with this chapter shall be deemed to beheld by the retailer or integrated licensee in trust for the State of Vermont.Any tax collected under this chapter shall be accounted for separately so asclearly to indicate the amount of tax collected and that the same are theproperty of the State of Vermont.

(b) Every retailer or integrated licensee required to collect and remit the taxunder this chapter to the Commissioner shall be personally and individuallyliable for the amount of such tax together with such interest and penalty as hasaccrued under the provisions of section 3202 of this title. If the retailer orintegrated licensee is a corporation or other entity, the personal liability shallextend to any officer or agent of the corporation or entity who as an officer oragent of the same has the authority to collect and remit tax to theCommissioner of Taxes as required in this chapter.

(c) A retailer or integrated licensee shall have the same rights in collectingtax from his or her purchaser or regarding nonpayment of tax by the purchaseras if the tax were a part of the purchase price of cannabis or cannabis productsand payable at the same time; provided, however, if the retailer or integratedlicensee required to collect tax has failed to remit any portion of the tax to theCommissioner of Taxes, the Commissioner of Taxes shall be notified of anyaction or proceeding brought by the retailer or integrated licensee to collect taxand shall have the right to intervene in such action or proceeding.

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(d) A retailer or integrated licensee required to collect tax may also refundor credit to the purchaser any tax erroneously, illegally, or unconstitutionallycollected. No cause of action that may exist under State law shall accrueagainst the retailer or integrated licensee for tax collected unless the purchaserhas provided written notice to a retailer or integrated licensee and the retaileror integrated licensee has had 60 days to respond.

§ 7904. RETURNS; RECORDS

(a) Any retailer or integrated licensee required to collect the tax imposedby this chapter shall, on or before the 25th day of every month, return to theDepartment of Taxes, under oath of a person with legal authority to bind theretailer or integrated licensee, a statement containing its name and place ofbusiness, the total amount of sales subject to the cannabis excise tax made inthe preceding month, and any information required by the Department ofTaxes, along with the total tax due. Retailers and integrated licensees shall notremit the tax collected to the Department of Taxes in cash absent the issuanceof a waiver by the Commissioner of Taxes and the Commissioner may requirethat returns be submitted electronically.

(b) Every retailer and integrated licensee shall maintain, for not less thanthree years, accurate records showing all transactions subject to tax liabilityunder this chapter. The records are subject to inspection by the Department ofTaxes at all reasonable times during normal business hours.

§ 7905. BUNDLED TRANSACTIONS

(a) Except as provided in subsection (b) of this section, a retail sale of abundled transaction that includes cannabis or a cannabis product is subject tothe cannabis excise tax imposed by this chapter on the entire sales price of thebundled transaction. If there is a conflict with the bundling transactionprovisions applicable to another tax type, this section shall apply.

(b) If the sales price is attributable to products that are taxable and productsthat are not taxable under this chapter, the portion of the price attributable tothe products that are nontaxable are subject to the tax imposed by this chapterunless the retailer or integrated licensee can identify by reasonable andverifiable standards the portion that is not subject to tax from its books andrecords that are kept in the regular course of business, and any discountsapplied to the bundle must be attributed to the products that are nontaxableunder this chapter.

(c) As used in this section, “bundled transaction” means:

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(1) the retail sale of two or more products where the products areotherwise distinct and identifiable, are sold for one nonitemized price, and atleast one of the products is or contains cannabis; or

(2) cannabis or a cannabis product that is provided free of charge withthe required purchase of another product.

§ 7906. LICENSE

(a) Any retailer or integrated licensee required to collect tax imposed bythis chapter must apply for and receive a cannabis retail tax license from theCommissioner for each place of business within the State where he or she sellscannabis or cannabis products prior to commencing business. TheCommissioner shall issue without charge a license, or licenses, empoweringthe retailer or integrated licensee to collect the cannabis excise tax, providedthat a retailer or integrated licensee’s application is properly submitted and theretailer or integrated licensee is otherwise in compliance with applicable laws,rules, and provisions.

(b) Each cannabis retail tax license shall state the place of business towhich it is applicable and be prominently displayed in the place of business.The licenses shall be nonassignable and nontransferable and shall besurrendered to the Commissioner immediately upon the registrant ceasing todo business in the place named. A cannabis retail tax license shall be separatefrom and in addition to any licenses required by sections 9271 (meals androoms tax) and 9707 (sales and use tax) of this title.

(c) The Cannabis Control Board may require the Commissioner of Taxes tosuspend or revoke the tax licenses issued under this section for any retailer orintegrated licensee that fails to comply with 7 V.S.A. chapter 33 or any rulesadopted by the Board.

§ 7907. ADMINISTRATION OF THE CANNABIS EXCISE TAX

(a) The Commissioner of Taxes shall administer and enforce this chapter.The Commissioner may adopt rules pursuant to 3 V.S.A. chapter 25 to carryout such administration and enforcement.

(b) To the extent not inconsistent with this chapter, the provisions for theassessment, collection, enforcement, and appeals of the sales and use tax inchapter 233 of this title shall apply to the cannabis excise tax imposed by thischapter.

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§ 7908. STATUTORY PURPOSE

The statutory purpose of the exemption for cannabis and cannabis productssold by any dispensary as authorized under 18 V.S.A. chapter 86 in subdivision7902(d)(2) of this title is to lower the cost of medical products in order tosupport the health and welfare of Vermont residents.

Sec. 14a. 32 V.S.A. § 3102(d)(3) is amended to read:

(3) to any person who inquires, provided that the information is limitedto whether a person is registered to collect Vermont income withholding, salesand use, or meals and rooms, or cannabis excise tax; whether a person is ingood standing with respect to the payment of these taxes; whether a person isauthorized to buy or sell property free of tax; or whether a person holds a validlicense under chapter 205 or 239 of this title or 10 V.S.A. § 1942;

* * * Sales Tax Exemption * * *

Sec. 15. 32 V.S.A. § 9701(31) is amended to read:

(31) “Food and food ingredients” means substances, whether in liquid,concentrated, solid, frozen, dried, or dehydrated form, that are sold foringestion or chewing by humans and are consumed for their taste or nutritionalvalue. “Food and food ingredients” does not include alcoholic beverages,tobacco, cannabis and cannabis products as defined under 7 V.S.A. § 831, orsoft drinks.

Sec. 16. 32 V.S.A. § 9741(53) is added to read:

(53) Cannabis and cannabis products as defined under 7 V.S.A. § 831sold by any dispensary as authorized under 18 V.S.A. chapter 86, provided thatthe cannabis or cannabis product is sold only to registered qualifying patientsdirectly or through their registered caregivers.

* * * Tax Expenditure; Statutory Purpose * * *

Sec. 17. 32 V.S.A. § 9706(mm) is added to read:

(mm) The statutory purpose of the exemption for cannabis and cannabisproducts as defined under 7 V.S.A. § 831 in subdivision 9741(53) of this titleis to lower the cost of medical products sold by any dispensary as authorizedunder 18 V.S.A. chapter 86 in order to support the health and welfare ofVermont residents.

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* * * Meals and Rooms Tax * * *

Sec. 17a. 32 V.S.A. § 9202(10) is amended to read:

(10) “Taxable meal” means:

* * *

(D) “Taxable meal” shall not include:

(i) Food or beverage, other than that taxable undersubdivision (10)(C) of this section, that is a grocery-type item furnished fortake-out: whole pies or cakes, loaves of bread; single-serving bakery items soldin quantities of three or more; delicatessen and nonprepackaged candy sales byweight or measure, except party platters; whole uncooked pizzas; pint or largerclosed containers of ice cream or frozen confection; eight ounce or largercontainers of salad dressings or sauces; maple syrup; quart or larger containersof cider or milk.

* * *

(iii) Cannabis or cannabis products as defined under 7 V.S.A.§ 831.

Sec. 17b. 32 V.S.A. § 9201(n) is added to read:

(n) The statutory purpose for the exemption for cannabis and cannabisproducts as defined under 7 V.S.A. § 831 in subdivision 9202(10)(D)(iii) ofthis title is to avoid having both the meals and rooms tax and the cannabisexcise tax apply to edible cannabis products.

* * * Use of Sales and Use Tax Revenue * * *

Sec. 17c. DEDICATED USE OF SALES AND USE TAX ON CANNABIS

Notwithstanding 16 V.S.A. § 4025(b), revenue from the sales and use taximposed by 32 V.S.A. chapter 233 on retail sales of cannabis or cannabisproducts in this State shall be used to fund a grant program to start or expandafterschool and summer learning programs, with a focus on increasing accessin underserved areas of the State.

Sec. 17d. ANNUAL BUDGETING OF SALES AND USE TAX REVENUE

On or before November 15, 2021 and on or before each subsequentNovember 15, the Agency of Education shall submit to the General Assemblya plan to fund grants in furtherance of the purposes of Sec. 17c of this act.The grants shall be in an amount equal to the official forecasted revenues to beraised from the sales and use tax imposed by 32 V.S.A. chapter 233 oncannabis or cannabis products in this State. The provisions of 2 V.S.A. § 20(d)

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(expiration of required reports) shall not apply to the plan to be made underthis subsection.

* * * Income Tax Deduction * * *



The following definitions shall apply throughout this chapter unless thecontext requires otherwise:

* * *

(18) “Vermont net income” means, for any taxable year and for anycorporate taxpayer:

(A) the taxable income of the taxpayer for that taxable year under thelaws of the United States, without regard to 26 U.S.C. § 168(k) of the InternalRevenue Code, and excluding income which under the laws of the UnitedStates is exempt from taxation by the states:

* * *

(ii) decreased by:

(I) the “gross-up of dividends” required by the federal InternalRevenue Code to be taken into taxable income in connection with thetaxpayer’s election of the foreign tax credit; and

(II) the amount of income which that results from the requiredreduction in salaries and wages expense for corporations claiming the TargetedJob or WIN credits; and

(III) any federal deduction or credit that the taxpayer wouldhave been allowed for the cultivation, testing, processing, or sale of cannabisor cannabis products as authorized under 7 V.S.A. chapter 33 or 18 V.S.A.chapter 86, but for 26 U.S.C. § 280E.

* * *

(21) “Taxable income” means, in the case of an individual, federaladjusted gross income determined without regard to 26 U.S.C. § 168(k) and:

* * *

(B) Decreased by the following items of income (to the extent suchincome is included in federal adjusted gross income):

* * *

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(iii) recapture of State and local income tax deductions not takenagainst Vermont income tax; and

(iv) the portion of federally taxable benefits received under thefederal Social Security Act that is required to be excluded under section 5830eof this chapter; and

(v) the amount of any federal deduction or credit that the taxpayerwould have been allowed for the cultivation, testing, processing, or sale ofcannabis or cannabis products as authorized under 7 V.S.A. chapter 33 or18 V.S.A. chapter 86, but for 26 U.S.C. § 280E; and

**

Sec. 18a. SUBSTANCE MISUSE PREVENTION FUNDING

Thirty percent of the revenues raised by the cannabis excise tax imposed by32 V.S.A. § 7901 shall be used for the purpose of funding substance misuseprevention programming as recommended by the Substance Misuse PreventionOversight and Advisory Council.

Sec. 18b. ANNUAL PREVENTION FUNDING RECOMMENDATION

On or before November 1, 2021, and annually thereafter, the SubstanceMisuse Prevention Oversight and Advisory Council shall makerecommendations to the General Assembly for the use of monies in the amountconsistent with the official State estimate as required under 32 V.S.A. § 305afor the revenues raised by the cannabis excise tax imposed by 32 V.S.A.§ 7901 and dedicated to funding substance misuse prevention programming asprovided in Sec. 18a of this act.

* * * Impaired Driving * * *

Sec. 18c. 20 V.S.A. § 2358(f) is added to read:

(f) The criteria for all minimum training standards under this section shallinclude Advanced Roadside Impaired Driving Enforcement training asapproved by the Vermont Criminal Justice Training Council. On or beforeDecember 31, 2021, law enforcement officers shall receive a minimum of16 hours of training as required by this subsection.

Sec. 18d. 23 V.S.A. § 1200 is amended to read:


As used in this subchapter:

* * *

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(3) “Evidentiary test” means a breath, saliva, or blood test which thatindicates the person’s alcohol concentration or the presence of other drug andwhich that is intended to be introduced as evidence.

* * *

Sec. 18e. 23 V.S.A. § 1201 is amended to read:

§ 1201. OPERATING VEHICLE UNDER THE INFLUENCE OFALCOHOL OR OTHER SUBSTANCE; CRIMINAL REFUSAL;ENHANCED PENALTY FOR BAC OF 0.16 OR MORE

(a) A person shall not operate, attempt to operate, or be in actual physicalcontrol of any vehicle on a highway:

(1) when the person’s alcohol concentration is:

(A) 0.08 or more,; or

(B) 0.02 or more if the person is operating a school bus as defined insubdivision 4(34) of this title; or

(C) 0.04 or more if the person is operating a commercial vehicle asdefined in subdivision 4103(4) of this title; or

(2) when the person is under the influence of alcohol; or

(3) when the person is under the influence of any other drug or underthe combined influence of alcohol and any other drug; or

(4) when the person’s alcohol concentration is 0.04 or more if theperson is operating a commercial motor vehicle as defined in subdivision4103(4) of this title.

(b) A person who has previously been convicted of a violation of thissection shall not operate, attempt to operate, or be in actual physical control ofany vehicle on a highway and refuse a law enforcement officer’s reasonablerequest under the circumstances for an evidentiary test where the officer hadreasonable grounds to believe the person was in violation of subsection (a) ofthis section.

(c) A person shall not operate, attempt to operate, or be in actual physicalcontrol of any vehicle on a highway and be involved in an accident or collisionresulting in serious bodily injury or death to another and refuse a lawenforcement officer’s reasonable request under the circumstances for anevidentiary test where the officer has reasonable grounds to believe the personhas any amount of alcohol or drugs in the his or her system.

* * *

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(i) Evidence of the results of a standardized field sobriety test conducted bya law enforcement officer trained in Advanced Roadside Impaired DrivingEnforcement or a certified Drug Recognition Expert’s systematic evaluation ofobservable signs and symptoms of a person charged with a violation of thissection shall be presumptively admissible at trial to demonstrate whether ornot the person was operating under the influence in violation of this section.

Sec. 18f. 23 V.S.A. § 1202 is amended to read:

§ 1202. CONSENT TO TAKING OF TESTS TO DETERMINE BLOODALCOHOL CONTENT OR PRESENCE OF OTHER DRUG

(a)(1) Implied consent. Every person who operates, attempts to operate, oris in actual physical control of any vehicle on a highway in this State isdeemed to have given consent to an evidentiary test of that person’s breath forthe purpose of determining the person’s alcohol concentration or the presenceof other drug in the blood. The test shall be administered at the direction of alaw enforcement officer.

(2) Blood test. If breath testing equipment is not reasonably available orif the officer has reason to believe that the person is unable to give a sufficientsample of breath for testing or if the law enforcement officer has reasonablegrounds to believe that the person is under the influence of a drug other thanalcohol, the person is deemed to have given consent to the taking of anevidentiary sample of blood. If in the officer’s opinion the person is incapableof decision or unconscious or dead, it is deemed that the person’s consent isgiven and a sample of blood shall be taken. A blood test sought pursuant tothis subdivision (2) shall be obtained pursuant to subsection (f) of this section.

(3) Saliva test. If the law enforcement officer has reasonable grounds tobelieve that the person is under the influence of a drug other than alcohol, orunder the combined influence of alcohol and a drug, the person is deemed tohave given consent to providing of an evidentiary sample of saliva. A salivatest sought pursuant to this subdivision (3) shall be obtained pursuant tosubsection (f) of this section. Any saliva test administered under this sectionshall be used only for the limited purpose of detecting the presence of a drugin the person’s body and shall not be used to extract DNA information.

(4) Evidentiary test. The evidentiary test shall be required of a personwhen a law enforcement officer has reasonable grounds to believe that theperson was operating, attempting to operate, or in actual physical control of avehicle in violation of section 1201 of this title.

(4)(5) Fatal collision or incident resulting in serious bodily injury. Theevidentiary test shall also be required if the person is the surviving operator of

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a motor vehicle involved in a fatal incident or collision or an incident orcollision resulting in serious bodily injury and the law enforcement officer hasreasonable grounds to believe that the person has any amount of alcohol orother drug in his or her system.

(b) A refusal to take a breath test may be introduced as evidence in acriminal proceeding.

(c) A person who is requested by a law enforcement officer to submit to anevidentiary test or tests has a right as limited in this subsection to consult anattorney before deciding whether or not to submit to such a test or tests. Theperson must decide whether or not to submit to the evidentiary test or testswithin a reasonable time and not later than 30 minutes after the time of theinitial attempt to contact the attorney. The person must make a decision aboutwhether to submit to the test or tests at the expiration of the 30 minutes,regardless of whether a consultation took place.

(d) At the time a test is requested, the person shall be informed of thefollowing statutory information:

(1) Vermont law authorizes a law enforcement officer to request a test todetermine whether the person is under the influence of alcohol or other drug.

(2) If the officer’s request is reasonable and testing is refused, theperson’s license or privilege to operate will be suspended for at least sixmonths.

(3) If a test is taken and the results indicate that the person is under theinfluence of alcohol or other drug, the person will be subject to criminalcharges and the person’s license or privilege to operate will be suspended forat least 90 days.

(4) A person who is requested by a law enforcement officer to submit toan evidentiary test or tests has the limited right to consult an attorney beforedeciding whether or not to submit to such a test or tests. The person mustdecide whether or not to submit to the evidentiary test or tests within areasonable time and no later than 30 minutes from the time of the initialattempt to contact the attorney, regardless of whether a consultation took place.The person also has the right to have additional tests made by someone of theperson’s own choosing at the person’s own expense. The person shall also beinformed of the location of one or more facilities available for drawing blood.

(5) A person who is requested by a law enforcement officer to submit toan evidentiary test administered with an infrared breath-testing instrument mayelect to have a second infrared test administered immediately after receivingthe results of the first test.

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(6) If the person refuses to take an evidentiary test, the refusal may beoffered into evidence against the person at trial, whether or not a searchwarrant is sought. The person may be charged with the crime of criminalrefusal if the person:

(A) has previously been convicted of a violation of section 1201 ofthis title; or

(B) is involved in an accident or collision resulting in serious bodilyinjury or death to another, in which case the court may issue a search warrantand order the person to submit to a blood test, the results of which may beoffered into evidence against the person at trial.

* * *

(f)(1) If a blood test is sought from a person pursuant to subdivision (a)(2)of this section, or if a person who has been involved in an accident or collisionresulting in serious bodily injury or death to another refuses an evidentiarytest, a law enforcement officer may apply for a search warrant pursuant toRule 41 of the Vermont Rules of Criminal Procedure to obtain a sample ofblood for an evidentiary test. If Pursuant to subdivision (d)(6) of this section,if a blood sample is obtained by search warrant, the fact of the refusal may stillbe introduced in evidence, in addition to the results of the evidentiary test.Once a law enforcement official begins the application process for a searchwarrant, the law enforcement official is not obligated to discontinue theprocess even if the person later agrees to provide an evidentiary breath sample.The limitation created by Rule 41(g) of the Vermont Rules of CriminalProcedure regarding blood specimens shall not apply to search warrantsauthorized by this section.

(2) If an evidentiary saliva test is sought from a person pursuant tosubdivision (a)(3) of this section, a law enforcement officer may apply for asearch warrant pursuant Rule 41 of the Vermont Rules of Criminal Procedureto obtain a sample of saliva for the evidentiary test. Pursuant to subdivision(d)(6) of this section, if a saliva sample is obtained by search warrant, the factof the refusal may still be introduced in evidence, in addition to the results ofthe evidentiary test.

(g) The Defender General shall provide statewide 24-hour coverage sevendays a week to assure ensure that adequate legal services are available topersons entitled to consult an attorney under this section.

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Sec. 18g. 23 V.S.A. § 1203 is amended to read:

§ 1203. ADMINISTRATION OF TESTS; RETENTION OF TEST ANDVIDEOTAPE

(a) A breath test shall be administered only by a person who has beencertified by the Vermont Criminal Justice Training Council to operate thebreath testing equipment being employed. In any proceeding under thissubchapter, a person’s testimony that he or she is certified to operate the breathtesting equipment employed shall be prima facie evidence of that fact.

(b)(1) Only a physician, licensed nurse, medical technician, physicianassistant, medical technologist, or laboratory assistant, intermediate oradvanced emergency medical technician, or paramedic acting at the request ofa law enforcement officer may withdraw blood for the purpose of determiningthe presence of alcohol or other another drug. This limitation does Anywithdrawal of blood shall not be taken at roadside. These limitations do notapply to the taking of a breath sample. A medical facility or business may notcharge more than $75.00 for services rendered when an individual is broughtto a facility for the sole purpose of an evidentiary blood sample or when anemergency medical technician or paramedic draws an evidentiary bloodsample.

(2) A saliva sample may be obtained by a person authorized by theVermont Criminal Justice Training Council to collect a saliva sample for thepurpose of evidentiary testing to determine the presence of a drug. Any salivasample obtained pursuant to this section shall not be taken at roadside.

(c) When a breath test which is intended to be introduced in evidence istaken with a crimper device or when blood or saliva is withdrawn at anofficer’s request, a sufficient amount of breath saliva or blood, as the case maybe, shall be taken to enable the person to have made an independent analysis ofthe sample, and shall be held for at least 45 days from the date the sample wastaken. At any time during that period the person may direct that the sample besent to an independent laboratory of the person’s choosing for an independentanalysis. The Department of Public Safety shall adopt rules providing for thesecurity of the sample. At no time shall the defendant or any agent of thedefendant have access to the sample. A preserved sample of breath shall notbe required when an infrared breath-testing instrument is used. A persontested with an infrared breath-testing instrument shall have the option ofhaving a second infrared test administered immediately after receiving theresults of the first test.

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(d) In the case of a breath, saliva, or blood test administered using aninfrared breath testing instrument, the test shall be analyzed in compliancewith rules adopted by the Department of Public Safety. The analyses shall beretained by the State. A sample is adequate if the infrared breath testinginstrument analyzes the sample and does not indicate the sample is deficient.Analysis An analysis of the person’s breath saliva or blood which that isavailable to that person for independent analysis shall be considered validwhen performed according to methods approved by the Department of PublicSafety. The analysis performed by the State shall be considered valid whenperformed according to a method or methods selected by the Department ofPublic Safety. The Department of Public Safety shall use rule makingprocedures to select its method or methods. Failure of a person to provide anadequate breath or saliva sample constitutes a refusal.

(e) [Repealed.]

(f) When a law enforcement officer has reason to believe that a person maybe violating or has violated section 1201 of this title, the officer may requestthe person to provide a sample of breath for a preliminary screening test usinga device approved by the Commissioner of Public Safety for this purpose. Theperson shall not have the right to consult an attorney prior to submitting to thispreliminary breath alcohol screening test. The results of this preliminaryscreening test may be used for the purpose of deciding whether an arrestshould be made and whether to request an evidentiary test and shall not beused in any court proceeding except on those issues. Following the screening,test additional tests may be required of the operator pursuant to the provisionsof section 1202 of this title.

(g) The Office of the Chief Medical Examiner shall report in writing to theDepartment of Motor Vehicles the death of any person as the result of anaccident involving a vehicle and the circumstances of such accident within fivedays of such death.

(h) A Vermont law enforcement officer shall have a right to request abreath, saliva or blood sample in an adjoining state or country under thissection unless prohibited by the law of the other state or country. If the law inan adjoining state or country does not prohibit an officer acting under thissection from taking a breath, saliva, or blood sample in its jurisdiction,evidence of such sample shall not be excluded in the courts of this State solelyon the basis that the test was taken outside the State.

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(i) The Commissioner of Public Safety shall adopt emergency rulesrelating to the operation, maintenance, and use of preliminary alcoholscreening devices for use by law enforcement officers in enforcing theprovisions of this title. The commissioner Commissioner shall considerrelevant standards of the National Highway Traffic Safety Administration inadopting such rules. Any preliminary alcohol screening device authorized foruse under this title shall be on the qualified products list of the NationalHighway Traffic Safety Administration.

* * *

Sec. 18h. 23 V.S.A. § 1203a(b) is amended to read:

(b) Arrangements for a blood test shall be made by the person submittingto the evidentiary breath or saliva test, by the person’s attorney, or by someother person acting on the person’s behalf unless the person is detained incustody after administration of the evidentiary test and upon completion ofprocessing, in which case the law enforcement officer having custody of theperson shall make arrangements for administration of the blood test upondemand but at the person’s own expense.

Sec. 18i. 23 V.S.A. § 1204 is amended to read:

§ 1204. PERMISSIVE INFERENCES

* * *

(b) The foregoing provisions shall not be construed as limiting theintroduction of any other competent evidence bearing upon the questionwhether the person was under the influence of alcohol or under the combinedinfluence of alcohol and another drug, nor shall they be construed as requiringthat evidence of the amount of alcohol or drug in the person’s blood, breath,urine, or saliva must be presented.

Sec. 18j. DEPARTMENT OF PUBLIC SAFETY; DRUG RECOGNITIONEXPERTS; REPORT

On or before January 15, 2021, the Department of Public Safety shall reportto the House and Senate Committees on Judiciary and on GovernmentOperations on how to:

(1) achieve geographic equity in Drug Recognition Expert availabilityto conduct roadside evaluations of drivers suspected of violating 23 V.S.A.§ 1201 across Vermont; and

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(2) whether to expand the availability of the Drug Recognition Expertprogram beyond law enforcement officers to other public safety officials to theextent authorized by the national qualification standards of the InternationalAssociation of Chiefs of Police and the National Highway Traffic SafetyAdministration.

Sec. 18k. DEPARTMENT OF PUBLIC SAFETY; SALIVATESTING DEVICE; REPORT

Upon the identifying a threshold level of concentration of a psychoactivemetabolite of cannabis in a person’s bloodstream to establish impairment andapproving a chemical testing device for roadside use capable of demonstratingsuch a threshold level of concentration of such psychoactive metabolite ofcannabis in a person’s system, the Department of Public Safety shall report tothe House and Senate Committees on Judiciary and on Government Operationson a proposal to implement the use of such a device to evaluate individualssuspected of operating under the influence of marijuana in violation of 23V.S.A. § 1201.

* * * Safety Belts * * *

Sec. 18l. 23 V.S.A. § 1259 is amended to read:

§ 1259. SAFETY BELTS; PERSONS AGE 18 YEARS OF AGE OR OVER

* * *

(e) This section may be enforced only if a law enforcement officer hasdetained the operator of a motor vehicle for another suspected traffic violation.An operator shall not be subject to the penalty established in this section unlessthe operator is required to pay a penalty for the primary violation. [Repealed.]

(f) The penalty for violation of this section shall be as follows:

(1) $25.00 $0.00 for a first violation;

(2) $50.00 $25.00 for a second violation;

(3) $50.00 for a third violation; and

(4) $100.00 for third fourth and subsequent violations.

Sec. 18m. REPORTING BY THE VERMONT CRIMINAL JUSTICETRAINING COUNCIL

The Vermont Criminal Justice Training Council, in consultation with lawenforcement agencies, shall submit a written report to the House and SenateCommittees on Transportation and on Judiciary on or before the 15th day ofJanuary in 2022, 2023, and 2024 containing, for the prior State fiscal year:

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(1) the total number of traffic stops broken out by race of the driverinvolved in the traffic stop; and

(2) the following information for all traffic stops involving safety beltsnot worn by persons 18 years of age or over:

(A) the age, gender, and race of the driver involved in the trafficstop;

(B) the reason for the traffic stop;

(C) the type of search conducted, if any;

(D) the evidence located, if any;

(E) the outcome of the traffic stop, including whether:

(i) a written warning was issued,

(ii) a citation for a civil ticket was issued;

(iii) a citation or arrest for a misdemeanor or a felony occurred; or

(iv) no subsequent action was taken;

(F) summary data broken out by age, gender, race, and outcome ofthe traffic stop where the reason for the stop was the primary enforcement of aperson 18 years of age or over not wearing a safety belt; and

(G) summary data broken out by age, gender, race, and outcome ofthe traffic stop where the reason for the stop was for any reason other than theprimary enforcement of a person 18 years of age or over not wearing a safetybelt.

* * * Miscellaneous Cannabis Provisions * * *

Sec. 18n. 6 V.S.A. § 567 is amended to read:

§ 567. AGENCY OF AGRICULTURE, FOOD AND MARKETS; TESTING

(a) The Agency of Agriculture, Food and Markets shall establish acannabis quality control program for the following purposes:

(1) to develop potency and contaminant testing protocols for hemp, andhemp-infused products, cannabis, and cannabis products as defined in 7 V.S.A.§ 831;

(2) to verify cannabinoid label guarantees of hemp, and hemp-infusedproducts, cannabis, and cannabis products as defined in 7 V.S.A. § 831;

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(3) to test for pesticides, solvents, heavy metals, mycotoxins, andbacterial and fungal contaminants in hemp, and hemp-infused products,cannabis, and cannabis products as defined in 7 V.S.A. § 831; and

(4) to certify testing laboratories that can offer the services insubdivisions (2) and (3) of this section.

(b) For purposes of this section, a laboratory operating under a dispensaryregistration pursuant to 18 V.S.A. chapter 86 that offers the services insubdivisions (2) and (3) of subsection (a) of this section on July 1, 2020 shallbe deemed certified by the Agency.

(c) The cost of a test of a product produced at a registered dispensary andsubmitted to the Agency for the purpose of compliance testing to enforce theprovisions of 18 V.S.A. chapter 86 shall be paid by the Department of PublicSafety from the registration fee fund provided in 18 V.S.A. § 4474a.

Sec. 19. 18 V.S.A. § 4230a(a)(2)(A) is amended to read:

(2)(A) A person shall not consume marijuana cannabis in a public place.“Public place” means any street, alley, park, sidewalk, public building otherthan individual dwellings, any place of public accommodation as defined in 9V.S.A. § 4501, and any place where the use or possession of a lighted tobaccoproduct, tobacco product, or tobacco substitute as defined in 7 V.S.A. § 1001 isprohibited by law has the same meaning as provided by 7 V.S.A. § 831.


§ 4230. MARIJUANA CANNABIS

* * *

(b) Selling or dispensing.

(1) A person knowingly and unlawfully selling marijuana cannabis orhashish shall be imprisoned not more than two years or fined not more than$10,000.00, or both.

(2) A person knowingly and unlawfully selling or dispensing more thanone ounce of marijuana cannabis or five grams or more of hashish shall beimprisoned not more than five years or fined not more than $100,000.00, orboth.

(3) A person knowingly and unlawfully selling or dispensing one poundor more of marijuana cannabis or 2.8 ounces or more of hashish shall beimprisoned not more than 15 years or fined not more than $500,000.00, orboth.

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(4) A person 21 years of age or older may dispense one ounce or less ofcannabis or five grams or less of hashish to another person who is 21 years ofage or older provided that the dispensing is not advertised or promoted to thepublic.

Sec. 21. STATUTORY REVISION AUTHORITY

When preparing the Vermont Statutes Annotated for publication, the Officeof Legislative Council shall replace “marijuana” with “cannabis” throughoutthe statutes as needed for consistency with this act, provided the revisions haveno other effect on the meaning of the affected statutes.

* * * Effective Dates * * *

Sec. 22. EFFECTIVE DATES

(a) This section and Secs. 2 (cannabis chapter), 3 (implementation of theCannabis Control Board), 17d (annual budgeting of sales and use taxrevenue),18c (Advanced Roadside Impaired Driving Enforcement training),18j (drug recognition experts report), 18n (Agency of Agriculture, Food andMarkets; testing), 20 (cannabis dispensing), and 21 (statutory revisionauthority) shall take effect on passage.

(b) Secs. 1 (Title 7 redesignation), 4 (implementation of rulemaking by theCannabis Control Board, 5 (Cannabis Control Board; fees), 6 (creation ofBoard positions), 6a (space allocation), 6b (appropriation), 7 (cannabisestablishments chapter), 8 (implementation of licensing of cannabisestablishments), 18a (Substance Misuse Prevention Fund), 18i (permissiveinference), 18k (National Highway Traffic safety Administration-approvedsaliva testing device), 18l (seat belts) and 19 (public place definition) shalltake effect July 1, 2020.

(c) Secs. 14 (creation of excise tax), 14a (tax license disclosure), 15 (salestax exemption), 16 (tax exemption), 17 (tax expenditure), 17a (meals androoms tax), 17b (meals and rooms tax expenditure),17c (dedicated use of salesand use tax revenue), 18 (income tax deduction), 18b (Substance MisusePrevention Fund), 18d (definition of evidentiary test), 18e (operating vehicleunder the influence of alcohol or other substance), 18f (consent to taking oftests to determine blood alcohol content or presence of other drug), 18g(administration of tests), 18h (independent testing of evidentiary sample) and18m (reporting by the Vermont Criminal Justice Training Council) shall takeeffect January 1, 2022.

(d) Secs.6d shall take effect on July 1, 2022.

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(e) Sec. 6e (repeal of Cannabis Control Board) shall take effect onJanuary 1, 2024.

(f) Sec. 6c (contingent Cannabis Regulation Fund deficit offset) shalltake effect on July 1, 2024.

S. 240

An act relating to recruiting new remote workers and new relocatingworkers.

The House proposes to the Senate to amend the bill by striking out all afterthe enacting clause and inserting in lieu thereof the following:

Sec. 1. 2019 Acts and Resolves No. 80, Sec. 20 is amended to read:

Sec. 20. ECONOMIC DEVELOPMENT FUNDING ALLOCATIONS

The $2,000,000.00 appropriated from the General Fund for economicdevelopment initiatives in Sec. C.100(30) of H.542 (2019) shall be allocatedpursuant to this section.

(1) $1,725,000.00 is allocated to the Agency of Commerce andCommunity Development as follows:

(A)(i) $450,000.00 for economic development marketing:

(I) $225,000 for economic development marketing pursuant toits authority in 3 V.S.A. § 2476(c) to execute the State’s core EconomicDevelopment Marketing Plan through paid, owned, and earned media,utilizing technology, data, and analysis tools; and

(II) $225,000.00 to identify, recruit, and provide relocationassistance to workers, including:

(aa) identifying target audiences;

(bb) targeting through digital and social media; and

(cc) implementing strategies that convert visitors toresidents and awarding grants for regional partnerships to help recruitmentefforts at the local and regional levels.

(ii) Notwithstanding any provision of law to the contrary, the Agency shallhave the discretion to reallocate not more than $225,000.00 of the fundingallocated in this subdivision (1)(A) to provide additional incentives under theNew Worker Relocation Incentive Program created in this act, the NewRemote Worker Grant Program created in 2018 Acts and Resolves No. 197,Sec. 1, as amended by 2019 Acts and Resolves No. 80, Sec. 15, or both.

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* * *



NOTICE CALENDAR

Committee Bill for Second Reading

Favorable

S. 339.

An act relating to miscellaneous changes to laws related to vehicles.

By the Committee on Transportation. (Senator Perchlik for theCommittee)

Reported favorably by Senator Campion for the Committee onFinance.


Second Reading


S. 180.

An act relating to prohibiting the use and application of the pesticidechlorpyrifos.

Reported favorably with recommendation of amendment by SenatorCollamore for the Committee on Agriculture.


Sec. 1. 6 V.S.A. § 1114 is added to read:

§ 1114. USE OF CHLORPYRIFOS

(a) Definition. As used in this section, “chlorpyrifos” means a pesticidewith the chemical name O,O-diethyl O-(3,5,6-trichloro-2-pyridinyl)-phosphorothioate.

(b) Prohibition. No person shall use or apply chlorpyrifos in the State.



As used in this chapter unless the context clearly requires otherwise:

- 603 -

(1) “Secretary” shall have has the same meaning stated as in subdivision911(4) of this title.

* * *

(4) “Economic poison” shall have has the same meaning stated as insubdivision 911(5) of this title.

(5) “Pest” means any insect, rodent, nematode, fungus, weed, or anyother form of terrestrial or aquatic plant or animal life or virus, bacteria, orother microorganisms, which the Secretary declares as being injurious tohealth or environment. Pest shall not mean any viruses, bacteria, or othermicroorganisms on or in living humans or other living animals.

(6) “Pesticide” for the purposes of this chapter shall be usedinterchangeably with “economic poison.”

* * *

(8) “Integrated pest management” means an ecosystem-based strategythat focuses on long-term prevention of pests or their damage through acombination of techniques such as biological control, habitat manipulation,modification of cultural practices, and use of resistant varieties. Underintegrated pest management, pesticides are used only after monitoringindicates they are needed according to established guidelines, and pesticidetreatments are made with the goal of removing only the target organism. Pestcontrol materials are selected and applied in a manner that minimizes risks tohuman health, beneficial and nontarget organisms, and the environment.


§ 1102. PESTICIDE ADVISORY COUNCIL ESTABLISHED

(a) The Pesticide Advisory Council is established and attached to theAgency of Agriculture, Food and Markets. Members of the Council, exceptthose public members appointed by the Governor, shall be qualifiedindividuals who, by experience and training, are knowledgeable in one or moreareas associated with pest control or in the goals or functions of the Council.The Secretary, or Commissioner as the case may be, shall represent eachDepartment or Agency on the Council Council shall comprise the followingmembers:

(1) The Department of Fish and Wildlife.

(2) The Department Commissioner of Environmental Conservation. ordesignee;

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(3)(2) The Agency Secretary of Agriculture, Food and Markets. ordesignee;

(4) The Department of Forests, Parks and Recreation.

(5)(3) The Department Commissioner of Health. or a designee withexpertise in public health;

(6) The Agency of Transportation.

(7) One physician from the College of Medicine of the University ofVermont nominated by its dean.

(8)(4) One representative in the area of with expertise in agronomy,entomology, or plant pathology, or weed control from the University ofVermont Extension to be named by the Director, appointed by the Secretary.

(9)(5) One representative in the area of pesticide research from theVermont Agricultural Experiment Station named by the Dean of the College ofAgriculture and Life Sciences of the University of Vermont.

(10)(6) Two members appointed by the Governor. In choosing thesemembers, the Governor shall consider people who have knowledge andqualities that could be useful in pursuing the goals and functions of theCouncil. One of these members shall have practical experience in commercialagricultural production and shall be appointed in consultation with theSecretary. One of these members shall have practical knowledge or experiencein environmental or public health issues in Vermont.

(7) One representative with expertise in farming in Vermont to beappointed by the Secretary.

(8) One representative with expertise in the area of environmentalconsequences of pesticide and other contaminants in the environment namedby the Dean of the Rubenstein School of Environment and Natural Resources.

(9) One representative with expertise in Integrated Pest Management(IPM) and managing land while minimizing or avoiding the use of pesticidesin Vermont to be appointed by the Secretary.

(b) Each State or university member of the Council shall serve until his orher resignation or until his or her successor is appointed or otherwisedesignated in accordance with this chapter. Public members member of thePesticide Advisory Council, except those members serving ex officio, shall beappointed for terms of three years, except initially, appointments shall be madesuch that one member shall serve for a term of one year and one for a term oftwo years.

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(c) The Chair of the Council shall be designated by the Governor and serveas his or her personal representative and The Council shall select a chair fromamong its members, and the chair shall coordinate activities on the Council.

(d) The functions of the Council are shall:

(1) To review Review insect, plant disease, weed, nematode, rodent,noxious wildlife, and other pest control programs within the State and to assessthe effect of such programs on human health and comfort, natural resources,water, wildlife, and food and fiber production and, where necessary, makerecommendations for greater safety and efficiency.

(2) To serve Serve as the advisory group to State agencies havingresponsibilities for the use of pesticides as well as to other State agencies anddepartments.

(3) To advise Advise the Executive Branch of State government withrespect to legislation concerning the use of various pest control measures.

(4) To suggest Recommend programs, policies, and legislation for wiseand effective pesticide use that lead to an overall reduction in the use ofpesticides in Vermont consistent with sound pest or vegetative managementpractices.

(5) To recommend Recommend studies necessary for the performanceof its functions as established under this section.

(6) To recommend Recommend targets to the General Assembly withrespect to the State statutory goal of achieving an overall reduction in the useof pesticides consistent with sound pest or vegetative management practicesand to measure the State’s progress in reaching those targets and attaining thatgoal. The targets should be designed to enable evaluation of multiplemeasures of pesticide usage, use patterns, and associated risks. Targets shouldtake into consideration at a minimum the following:

(A) reducing the amount of acreage where pesticides are used;

(B) reducing the risks associated with the use of pesticides;

(C) increasing the acreage managed by means of integrated pestmanagement techniques;

(D) decreasing, within each level of comparable risk, the quantity ofpesticides applied per acre; and

(E) making recommendations regarding the implementation of othermanagement practices that result in decreased pesticide use.

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(7) To recommend Recommend to the Secretary and the GeneralAssembly policies, proposed rules, or legislation for the regulation of the useof a treated article when the Council determines that use of the treated articlewill have a hazardous or long-term deleterious effect on the environment inVermont, presents a likely risk to human health, or is dangerous. Indeveloping recommendations under this subdivision, the Council shall review:

(A) alternatives available to a user of a treated article; and

(B) the potential effects on the environment or risks to human healthfrom use of the available alternatives to a treated article.

(e) The Council shall meet semiannually, once in the fall and once in thespring at least quarterly. Meetings at other times may be called by theGovernor, by the Chair, or by a member of the Council. Attendance atCouncil meetings shall not be required of the commissioners of departmentswithin the Agency of Natural Resources or their designees; however, at leastone of these commissioners or the commissioner’s designee shall attend eachmeeting of the Council. The Council’s proceedings shall be open to the publicand its deliberations shall be recorded and made available to the public, alongwith its work product.

(f) On or before February 1, 2021 and annually thereafter, the Council shallsubmit to the Senate Committee on Agriculture and the House Committee onAgriculture and Forestry a report regarding the specific actions and activitiesaccomplished by the Council in the previous calendar year to reduce risk tohumans and the environment from pesticide use and to reduce the amount ofpesticides used within each category of pesticide use in Vermont. The reportalso shall include all recommendations by the Council to the GeneralAssembly under subdivisions (d)(6) and (7) of this section regarding targetsfor achieving an overall reduction in the use of pesticides. Allrecommendations to the General Assembly under subdivisions (d)(6) and (7)of this section shall be publicly posted, noticed for public comment, andposted to and regularly updated on the website of the Agency of Agriculture,Food and Markets.

Sec. 4. TRANSITIONAL PROVISION; REVISION OF MEMBERSHIP OFPESTICIDE ADVISORY COUNCIL

(a) The terms of the members of the Pesticide Advisory Councilestablished under 6 V.S.A. § 1102 in effect immediately prior to the effectivedate of Sec. 3 of this act shall expire on July 1, 2020.

(b) On or before July 1, 2020, the appointing authorities of the PesticideAdvisory Council set forth in 6 V.S.A. § 1102 as amended in Sec. 3 of this act

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shall appoint the members of the Pesticide Advisory Council as amended inSec. 3 of this act, and the terms of those new members shall begin on July 1,2020.

Sec. 5. HERBICIDE USE ON FIELD CORN; BEST PRACTICES

On or before May 1, 2021, the Secretary of Agriculture, Food and Marketsshall develop by procedure best practices in addition to the VermontRegulations for the Control of Pesticides that farmers using herbicides on fieldcorn should implement to reduce the amount of herbicides used on corn fieldsand to avoid or mitigate potential harms to public health or the environment.

Sec. 6. EFFECTIVE DATES

(a) This section and Secs. 1 (chlorpyrifos prohibition) and 4 (transitionalprovision; Pesticide Advisory Council) shall take effect on passage.

(b) All other sections shall take effect July 1, 2020.

And that after passage the bill be amended to read:

An act relating to the use and application of pesticides.


S. 187.

An act relating to transient occupancy for health care treatment andrecovery.

Reported favorably with recommendation of amendment by SenatorHooker for the Committee on Economic Development, Housing andGeneral Affairs.



§ 4452. EXCLUSIONS

Unless created to avoid the application of this chapter, this chapter does notapply to any of the following:

* * *

(8) transient occupancy in a hotel, motel, or lodgings during the time theoccupant is a recipient of General Assistance or Emergency Assistancetemporary housing assistance, regardless of whether the occupancy is subjectto a tax levied under 32 V.S.A. chapter 225; or

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(9) occupancy of a dwelling unit without right or permission by aperson who is not a tenant; or

(10) transient occupancy by an occupant placed in a hotel, motel, orlodgings in connection with health care treatment or recovery, where theoccupancy is paid for by a hospital as licensed in 18 V.S.A. chapter 43, anagency designated pursuant to 18 V.S.A. § 8907, or a specialized serviceagency operating under an agreement entered into pursuant to 18 V.S.A.§ 8912, regardless of whether the occupant is subject to a tax levied under 32V.S.A. chapter 225.




S. 267.

An act relating to the Renewable Energy Standard.

Reported favorably with recommendation of amendment by SenatorPearson for the Committee on Finance.



§ 8005. RES CATEGORIES

(a) Categories. This section specifies three categories of required resourcesto meet the requirements of the RES established in section 8004 of this title:total renewable energy, distributed renewable generation, and energytransformation.

(1) Total renewable energy.

* * *

(B) Required amounts. The amounts of total renewable energyrequired by this subsection shall be 55 59 percent of each retail electricityprovider’s annual retail electric sales during the year beginning on January 1,2017 2020, increasing by an additional four 8.2 percent each third secondJanuary 1 thereafter, until reaching 75 100 percent on and after January 1,2032 2030.

* * *

(2) Distributed renewable generation.

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* * *

(B) Definition. As used in this section, “distributed renewablegeneration” means one of the following:

(i) a renewable energy plant that is new renewable energy; has aplant capacity of five MW or less; and

(I) is directly connected to the subtransmission or distributionsystem of a Vermont retail electricity provider; or

(II) is directly connected to the transmission system of anelectric company required to submit a Transmission System Plan undersubsection 218c(d) of this title, if the plant is part of a plan approved by theCommission to avoid or defer a transmission system improvement needed toaddress a transmission system reliability deficiency identified and analyzed inthat Plan; or

(ii) a net metering system approved under the former section 219aor under section 8010 of this title if the system is new renewable energy andthe interconnecting retail electricity provider owns and retires the system’senvironmental attributes; or

(iii) a hydroelectric renewable energy plant that has a plantcapacity of five MW or less and is owned and operated by a retail electricityprovider that is a municipal electric utility as of January 1, 2020, including anyfuture modifications.

(C) Required amounts.

(i) The required amounts of distributed renewable generation shallbe one percent of each retail electricity provider’s annual retail electric salesduring the year beginning on January 1, 2017, increasing by an additionalthree-fifths of a percent each subsequent January 1 until reaching 10 percenton and after January 1, 2032.

(ii) In addition to the required amounts of distributed renewablegeneration pursuant to subdivision (i) of this subdivision (C), the requiredamounts of distributed renewable generation shall be an additional one percentof each retail electricity provider’s annual retail electric sales during the yearbeginning on January 1, 2023, increasing by an additional one percent eachsubsequent January 1 until reaching 10 percent on and after January 1, 2032.This distributed renewable generation shall use technologies, includingstorage, that maximize grid resilience and shall be located in a manner thatmaximizes grid efficiency.

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(D) Distributed Petitions to employ distributed generation greaterthan five MW or other renewable generation.

(i) On petition of a retail electricity provider, the Commissionmay for a given year allow the provider to employ energy with environmentalattributes attached or tradeable renewable energy credits from a renewableenergy plant with a plant capacity greater than five MW to satisfy thedistributed renewable generation requirement requirements pursuant tosubdivisions (2)(C)(i) and (ii) of this subsection (a) if the plant would qualifyas distributed renewable generation but for its plant capacity and the providerdemonstrates that it is unable during that year to meet the requirement solelywith qualifying renewable energy plants of five MW or less. To demonstratethis inability, the provider shall issue one or more requests for proposals, andshow that it is unable to obtain sufficient ownership of environmentalattributes to meet its required amount under this subdivision (2) from:

(i)(I) the construction and interconnection to its system ofdistributed renewable generation that is consistent with its approved least-costintegrated resource plan under section 218c of this title at a cost less than orequal to the sum of the applicable alternative compliance payment rate and theapplicable rates published by the Department under the Commission’s rulesimplementing subdivision 209(a)(8) of this title; and

(ii)(II) purchase of tradeable renewable energy credits fordistributed renewable generation at a cost that is less than the applicablealternative compliance rate.

(ii) On petition of a retail electricity provider, the Commissionmay for a given year allow the provider to employ energy with environmentalattributes attached or tradeable renewable energy credits to satisfy thedistributed renewable generation requirements pursuant to subdivision(2)(C)(ii) of this subsection (a) if the provider demonstrates that it is unableduring that year to meet the requirement at a cost that is less than theapplicable alternative compliance rate with:

(I) distributed renewable generation; or

(II) a renewable energy plant that would qualify as distributedrenewable generation pursuant to subdivision (2)(B) of this subsection (a)except for the fact the plant has a capacity of five MW or greater.

* * *

Sec. 2. INTERCONNECTION MAPS

A retail electricity provider and Vermont Electric Power Company shallprovide a GIS-based interconnection map depicting the location and capacity

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of existing substations and circuits and noting any significant impediments tointerconnection to the Commission, which shall make them available tomunicipalities, developers, and other relevant persons as appropriate to assistin determining the appropriate location for new renewable generation. Retailelectricity providers and Vermont Electric Power Company shall update themaps not less than quarterly or on a more frequent schedule set by theCommission.

Sec. 3. STUDIES AND REPORTS

(a) The Agency of Natural Resources (ANR), in conjunction with theDepartment of Public Service, shall conduct a full life-cycle analysis of thetotal greenhouse gases emitted during the planning, construction, andoperation of hydroelectric renewable energy plants with a capacity of 200 MWor more that are within the supply portfolio of a Vermont retail electricityprovider. ANR shall submit a written report on its findings to the GeneralAssembly on or before January 20, 2021.

(b) The Public Utility Commission may recommend a process to improvethe interconnection and Section 248 approval process for renewable energygeneration so that developers can better predict the type of generation andlocation on the grid where renewable generation would be most beneficial, andwhere it would help to minimize transmission, interconnection, and othercosts.




S. 285.

An act relating to the State House Artwork and Portrait Project Committee.

Reported favorably with recommendation of amendment by SenatorBenning for the Committee on Institutions.



§ 651. LEGISLATIVE ADVISORY COMMITTEE ON THE STATEHOUSE

(a) The Legislative Advisory Committee on the State House is created.

* * *

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(d) The Committee shall meet at the State House at least one time duringthe months of July and December when the General Assembly is in sessionand at least one time when the General Assembly is not in session or at the callof the Chair. The Commissioner of Buildings and General Services shall keepminutes of the meetings and maintain a file thereof.

(e) The Committee shall have the assistance of the Office of LegislativeCouncil.


§ 653. FUNCTIONS

(a)(1) The Legislative Advisory Committee on the State House shall beconsulted on all activities relating to the acquisition and care of paintings andhistoric artifacts and furnishings, and the refurbishing, renovation,preservation, and expansion of the building and its interior.

(2) The Legislative Advisory Committee on the State House shalldevelop a plan for the acquisition or commission of artwork for the StateHouse collection that represents Vermont’s diverse people and history,including diversity of gender, race, ethnicity, sexuality, and disability status.

* * *

Sec. 3. STATE HOUSE ARTWORK AND PORTRAIT PROJECT;LEGISLATIVE ADVISORY COMMITTEE ON THE STATEHOUSE; REPORT

(a) Intent. It is the intent of the General Assembly:

(1) to expand the State House artwork and portrait collection torepresent the diverse stories of those who have significantly contributed toVermont’s history;

(2) to give special consideration to the State House as a place ofemployment for a diverse workforce and as an institution of public educationfor students and members of the general public; and

(3) that the State have a policy of including diverse leadership storiesthat reflect all of Vermont’s history when acquiring or commissioning artisticrepresentation for the State House art collection.

(b) Policy. It is the policy of the General Assembly that the State Houseart collection shall reflect:

(1) those who have served as leaders and have significantly contributedto the history of Vermont;

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(2) those whose service relates to the State or the Abenaki Nation, thecivil rights of Vermonters, the legislative process, or the operation of the StateHouse;

(3) stories of significance to a community, a tribe, or historical momentsthat demonstrate the diverse nature of Vermont’s people and history; or

(4) the natural landscapes and environmental features of the State ofVermont.

(c) Plan. Pursuant to 2 V.S.A. § 653, the Legislative Advisory Committeeon the State House, in consultation with the State Curator, shall develop a planfor the acquisition or commission of artwork for the State House collectionthat incorporates the intent and policies described in subsections (a) and (b) ofthis section.

(d) Recommendations. The Committee, in consultation with the public andrelevant experts, including Vermont historians, artists, and diverse communityleaders, shall research and recommend significant historical Vermontleadership stories that warrant artistic inclusion in the State House artcollection using the intent and policies described in subsections (a) and (b) ofthis section.

(e) Report. On or before December 15, 2020, the Committee shall submita written report to the House Committee on Corrections and Institutions andthe Senate Committee on Institutions with the plan and recommendationsdescribed in this section and any recommendations for legislative action.

Sec. 4. 29 V.S.A. § 154a is amended to read:

§ 154a. STATE CURATOR

(a) Creation. The position of State Curator is created within theDepartment of Buildings and General Services.

(b) Duties. The State Curator’s responsibilities shall include:

(1) oversight of the general historic preservation of the State House,including maintaining the historical integrity of the State House and works ofart in the State House;

(2) interpretation of the State House to the visiting public throughexhibits, publications, and tours; and

(3) acquisition, management, and care of State collections of art andhistoric furnishings, provided that any works of art for the State House areacquired pursuant to the requirements of 2 V.S.A. § 653(a).

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(c) Acquisition policy. In coordination with the Legislative AdvisoryCommittee on the State House, and in accordance with the plan developedpursuant to 2 V.S.A. § 653, the State Curator shall adopt an acquisition policythat ensures that the acquisition of art for the State House reflects a diversity ofartistic media and artists, the natural history of the State, and the diversity ofthe people and stories of Vermont throughout the history of the State.

(d) Interpretive plan. In coordination with the Friends of the VermontState House and the Vermont Historical Society, the State Curator shall createan interpretive plan that tells the stories of the State House art collectionthrough accessible written, multimedia, and oral means. The plan shallinclude appropriate and inclusive training of State House volunteers and staff.




Request to Withdraw

S. 321.

An act relating to miscellaneous fish and wildlife issues.

By Senator Nitka, pursuant to Senate Rule No. 50.

CONFIRMATIONS

The following appointments will be considered by the Senate, as a group,under suspension of the Rules, as moved by the President pro tempore, forconfirmation together and without debate, by consent thereby given by theSenate. However, upon request of any senator, any appointment may besingled out and acted upon separately by the Senate, with consideration givento the report of the Committee to which the appointment was referred, andwith full debate; and further, all appointments for the positions of Secretariesof Agencies, Commissioners of Departments, Judges, Magistrates, andmembers of the Public Utility Commission shall be fully and separately actedupon.

Craig Bolio of Winooski – Commissioner, Department of Taxes – By Sen.Cummings for the Committee on Finance. (01/21/20)

Michael Schirling of Burlington – Commissioner, Department of PublicSafety – Sen. Mazza for the Committee on Transportation. (01/29/20)

Michael K. Smith of Westford – Secretary, Agency of Human Services –Sen. Lyons for the Committee on Health and Welfare. (02/12/02)

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Sabina Brochu of Williston - Member, State Board of Education - By Sen.Ingram for the Committee on Education. (01/24/20)

Kyle Courtois of Georgia - Member, State Board of Education - By Sen.Perchlik for the Committee on Education. (01/24/20)

Margaret Tandoh of South Burlington – Member, Board of MedicalPractice – By Sen. McCormack for the Committee on Health and Welfare.(02/11/20)

Holly Morehouse of Burlington – Member, Children and Family Councilfor Prevention Programs – By Sen. Lyons for the Committee on Health andWelfare. (02/12/20)

Susan Hayward of Middlesex – Member, Capitol Complex Commission –By Sen. Benning for the Committee on Institutions. (02/14/20)

Heather Shouldice – Member, Capitol Complex Commission – By Sen.Benning for the Committee on Institutions. (02/14/20)

Dorinne Dorfman – Member, Children and Family Council for PreventionPrograms – Sen. Cummings for the Committee on Health and Welfare.(02/25/20)

Richard Bernstein of Jericho – Member, Board of Medical Practice – Sen.Ingram for the Committee on Health and Welfare. (03/10/20)

Dawn Philibert of Williston – Member, State Board of Health – Sen.Ingram for the Committee on Health and Welfare. (03/10/20)

PUBLIC HEARINGS

March 11, 2020 - 4:00 p.m. - 6:00 p.m. - Room 11 - Re: Re: Pupilweighting study - Senate Committee on Education.

March 19, 2020 - 5:00 p.m. - 7:00 p.m. - Vermont Law School Campus,Oakes 107, Royalton, VT - Re: State Code of Ethics - Senate Committee onGovernment Operations.

NOTICE OF JOINT ASSEMBLY

March 19, 2020 - 10:30 a.m. - Retention of five Superior Court Judges:David A. Barra, Michael J. Harris, Katherine Anne Hayes, Martin A. Maley,John William Valente and one Environmental Judge, Thomas G. Walsh.

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FOR INFORMATION ONLY

CROSSOVER DATES

The Joint Rules Committee established the following Crossover deadlines:

(1) All Senate/House bills must be reported out of the last committee ofreference (including the Committees on Appropriations and Finance/Ways andMeans, except as provided below in (2) and the exceptions listed below) on orbefore Friday, March 13, 2020, and filed with the Secretary/Clerk so theymay be placed on the Calendar for Notice the next legislative day – Committeebills must be voted out of Committee by Friday March 13, 2020.

(2) All Senate/House bills referred pursuant to Senate Rule 31 or HouseRule 35(a) to the Committees on Appropriations and Finance/Ways and Meansmust be reported out by the last of those committees on or before Friday,March 20, 2020, and filed with the Secretary/Clerk so they may be placed onthe Calendar for Notice the next legislative day.

Note: The Senate will not act on bills that do not meet these crossoverdeadlines, without the consent of the Senate Rules Committee.

Exceptions to the foregoing deadlines include the major money bills(the general Appropriations bill (“The Big Bill”), the TransportationCapital bill, the Capital Construction bill and the Fee/Revenue bills.

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