Senate Passes $8 Billion Budget, Governor Raises the Prospect of a Veto

Senate Passes $8 Billion Budget, Governor Raises the Prospect of a Veto

The Senate passed an $8 billion budget several weeks earlier than anticipated, and the Governor immediately released a statement outlining his concerns, setting up the annual ritual of resolving the three different versions of budget priorities before final adjournment can happen. The Senate’s budget contains $70 million in housing investments, more than $100 million in workforce and economic development to support sectors hard hit by the pandemic, increased investment in childcare providers, $95 million for broadband connectivity, and $30 million in tax relief. The Governor’s concerns center around the Senate budget’s reduced tax relief, insufficient workforce retention and recruitment initiatives, the exclusion of the capital investment program, and reduced funding for Career and Technical Education. At a press conference on Wednesday, Senate leadership defended their bill, promising to be ready to override the Governor’s veto if necessary.

Back in March, the House passed their version of the budget, which included larger investments in the state college system than the Governor had proposed, but left out the middle-income homeownership program, a priority of the Governor. The House-passed bill also left out the roughly $100 million in economic development initiatives from the Governor’s proposal. While the Senate-passed version of the budget is closer to the Governor’s proposed budget, the remaining disparities may be too large for him to accept, setting the stage for a showdown in the final weeks of the session.

The Adult in the Room

The Adult in the Room

With two weeks to go before the target May 6 adjournment, the betting pool is in full swing. Those placing bets in favor of meeting the deadline point to the early budget action by the Senate, which sends the $8 billion appropriations bill to conference committee to resolve the differences between the House and Senate versions. Others have guessed a week later because no one likes working on the Saturday before Mother’s Day and college graduation weekend. Then there are the realists, putting their money down on late May due to Governor Scott’s growing list of disagreements with legislative proposals.

In the last few weeks, the Governor has outlined his disagreements with several legislative proposals, including pension reform, economic development investment, tax relief packages, new program spending, a contractor registry, and housing rental registries. He reportedly made an off-camera comment last week that “someone needs to be the adult in the room” referring to his willingness to veto a budget with spending that goes beyond what he believes is fiscally prudent.

This is typical end-of-the-session posturing, much of which will be negotiated to a compromise before the Legislature delivers these bills to the Governor’s desk. For many policy makers already looking ahead to the November election, the summer campaign season provides additional motivation to reach consensus quickly. In previous years, conventional wisdom might indicate that the Governor has this same motivation, but no opponent has yet announced.

If you’re placing bets in the adjournment pool, make sure you understand the difference between adjournment to a date certain and adjournment sine die, the former allowing for the Legislature to return to consider a veto override and the latter being final adjournment. Either way, you can count on the Vermont Chamber’s five-person lobbying team to be working for you in Montpelier right down to the end.

Bill Updates

Bill Updates
  • S.113 Chemical Regulation: The House Judiciary Committee and House Commerce Committee passed S.113. The bill does not address concerns raised by the Vermont Chamber regarding whether insurance can be written for manufacturers regarding medical monitoring claims for persons exposed to a proven toxic substance.
  • H.159 VEDA Forgivable Loans: The bill is making stops in the Senate money committees before a vote by the full Senate expected soon. The House Commerce and Economic Development Committee received an overview from VEDA of the forgivable loan program in its current form. The Vermont Chamber is connecting with Committee members to continue improving the program.
  • H.715 Clean Heat Standard: The Senate Natural Resources and Energy Committee began debate on the Clean Heat Standard, H.715, which would require the Public Utility Commission to design a credit trading system in which heating fuel sellers will have to pay others to reduce their customer’s heating oil and propane consumption if they don’t do it themselves. VFDA’s Matt Cota and PGANE’s Leslie Anderson testified to ask the committee to make substantial changes to the bill including a “Check Back” amendment.
  • H.624 Creative Sector: The Senate Economic Development, Housing, and General Affairs Committee took up this bill after it passed the House last week. The Vermont Chamber supports the goals in the bill but does not want to see funding meant to support businesses recovering from the pandemic siloed off for only the creative sector to utilize.
  • H.329 Discrimination: The House General, Housing, and Military Affairs Committee continued working on new language for the bill with a goal of attaching it to H.320 if the Senate sends that bill back to them with amendment. Absent this procedural maneuver, there is no path forward for the bill, which missed crossover.
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Committees Disagree Over Corporate Tax Restructuring and Military Pension Tax Exemption

Committees Disagree Over Corporate Tax Restructuring and Military Pension Tax Exemption

The House Ways and Means Committee unanimously approved the motion not to concur with the Senate Finance Committee’s amendment to S.53, including the stripped down corporate tax changes, impactful adjustments to the military pension tax exemption, and removal of the House supported cloud tax.

Under debate in the corporate income tax restructuring were the proposal to move to a single sales factor and a new graduated corporate minimum rate. Single sales factor would reduce corporate income taxes for corporations with a larger physical presence in Vermont by only factoring in sales in Vermont and not payroll, and property. The corporate minimum proposal would move Vermont to a scale of $250-$100,000, a decrease for the smallest companies and a dramatic increase for larger businesses from what exists today. The House version includes both proposals while the Senate version excludes them both.

The House proposal on Military Pensions would exclude the first $10,000 of federally taxable U.S. military retirement pay. This was changed in the Senate proposal, in which the military retiree, once eligible for social security, would need to choose between exempting their military pension or social security (one or the other, not both).

This bill will now move to a conference committee of Senate Finance members and House Ways and Means members to see if a compromise can be worked out. The Vermont Chamber will continue to advocate for a full exemption to incentivize military retirees to either stay or move to Vermont and increase the diversity of our communities.

Health Insurance Cost Pressures Rising

Health Insurance Cost Pressures Rising

In the February Economic Survey of Vermont businesses, rising health insurance costs was listed in the top three concerns for small businesses. Pressures on the health care system will likely result in higher premiums as the pandemic continues. This was on display as three hospitals asked the Green Mountain Care Board for a rare mid-year rate increase this week. During the process, businesses expressed concern that they could not afford an unplanned insurance premium hike as they continue to feel the impact of workforce shortages, supply chain disruptions, and rising inflation.

Meanwhile, Blue Cross Blue Shield of Vermont (BCBS-VT) brought forth a proposal that could benefit individuals and small businesses that purchase health care in the Exchange. Currently, those markets are set to revert to the pre-2022 configuration which would continue the long-time practice of having businesses subsidize the individuals, increasing premiums for employees to reduce premiums for individuals purchasing their own insurance. Last year, the Legislature approved a one-time reprieve due to federal subsidies that allowed the unmerging of these markets without negatively impacting individuals and simultaneously saving small businesses $17.7 million. The hope is that the federal government will continue those subsidies, but that has yet to happened, which means the rates for small businesses for 2023 could increase again. However, the BCBS-VT proposal could keep the markets permanently unmerged, mostly impacting the individuals in that pool with incomes above $159,000. There would be some impact on other individuals, but the Legislature could choose to spend $1.9 million to mitigate it. This change would result in saving businesses in this market from feeling the return of the $17.7 million cost-shift. This important effort is especially timely as provider rates are likely to increase, whether that is mid-year as currently under discussion by the Green Mountain Care Board or as they review next year’s budgets.

Housing Proposals Taken up in the House

Housing Proposals Taken up in the House

The critical housing omnibus bill (S.226) was approved by the Senate after amending the contractor registry language in hopes of avoiding a gubernatorial veto. While the bill is being reviewed in the House, it has a long road ahead due to the House Natural Resources, Fish, and Wildlife Committee having jurisdiction over the sections related to Act 250 and permitting, while the House General, Housing, and Military Affairs Committee has jurisdiction over housing programs. Additional complications arise from this bill having overlapping language with two other bills under consideration in these committees. 

The House Natural Resources, Fish, and Wildlife Committee also took testimony on the Senate passed S.234, which would make changes to Act 250 to increase housing opportunities in village centers and downtowns. The bill also includes more contested provisions around the creation of a road rule which would trigger Act 250 for new development that create roads or driveways over 800 feet each or 2,000 feet combined. The House General, Housing, and Military Affairs Committees continued to take testimony on S.210, which would create a registry of rental units and program language and funding for the Vermont Rental Housing Incentive Program which would provide $20 million for rental housing rehabilitation and accessory dwelling units.  These two committees will be working on a path forward to either merge or further break apart the three bills under consideration. The Vermont Chamber will continue to advocate for the programs in each bill which will increase the supply of affordable workforce housing.

Cloud Tax Is Back on the Table

Cloud Tax Is Back on the Table

Two proposals have brought the prospect of a cloud tax as a new source of revenue back into legislative conversation. The Child Tax Credit, which would reduce revenue by $48 million, and Universal School Meals, which would need at least an $8 million appropriation from the general fund have both lead to the House and Senate considering a cloud tax. The cloud tax proposal approved by the House last year as part of S.53 would remove a tax exemption on software as a service and would create additional taxes on platform and infrastructure as a service.

If passed into law, consumers and nearly all of Vermont’s businesses that use cloud-based services would see considerable cost increases. This additional financial burden becomes particularly daunting for many businesses still struggling to recover from the pandemic while navigating labor force shortages and supply chain disruptions.

House Commerce’s Workforce Field Hearing

House Commerce’s Workforce Field Hearing

The House Commerce and Economic Development Committee hit the road this week to learn more about the programs they will take up in the Senate’s economic development bill, which is expected to make its way to the Committee late next week. The first stop was the City of St. Albans, where the Committee saw progress in the downtown revitalization projects made possible through tax increment financing (TIF). St. Albans City has utilized TIF to intentionally invest in sustainable development, increase workforce housing, improve public spaces, and attract Main Street businesses to previously vacant storefronts, resulting in a renewed vibrancy in the downtown.

The next stop was the former Energizer plant in St. Albans Town, which Beta Technologies may acquire as a battery testing facility. Beta was approved for a Vermont Employment Growth Incentive (VEGI) to create at least 60 jobs, but likely hundreds, over five years, giving the St. Albans site an edge over competing locations such as Plattsburgh. Later, the Committee stopped by the Northwest Career and Technical Center to get an up-close look at the benefits of career and technical education (CTE). The CTE system has been struggling for decades as the education system pits traditional high schools against technical centers for tuition dollars. Despite repeated legislative study committees and reports over the years, the Legislature has yet to attempt a fix that would allow for growth in the training programs preparing the next generation of workers for the jobs of the future.

Finally, the Committee visited Black Flannel Brewing & Distilling in Essex, a Vermont Chamber member business that opened during the pandemic and, despite all odds, is growing. Founder Chris Kesler testified last week before the Senate Economic Development, Housing, and General Affairs Committee in support of a VEDA forgivable loan program with enough flexibility to accommodate businesses like Black Flannel, which have taken on enormous debt to stay afloat and need support to thrive.

Meanwhile, the Senate Economic Development, Housing, and General Affairs Committee began work on the House’s workforce development bill, H.703. There is a lot to cover in very little time, as legislators anticipate adjournment in May.

Liquor Law Modernization Clears House

Liquor Law Modernization Clears House

H.730, a bill containing provisions to modernize Vermont’s liquor laws, has been passed by the House and will advance to the Senate. If enacted, both fortified wines and ready-to-drink (RTD) spirit beverages would shift from the exclusive purview of the Department of Liquor and Lottery and would be permitted to be sold in the same retail streams as malt and vinous beverages.  After review of a fiscal note, the House Committee on Ways and Means amended the bill to shift RTDs and fortified wines to the $0.55/gallon rate to align taxation with the new product definitions. These changes will provide greater access to products for both licensees and consumers.

Additional provisions of interest for license holders include the ability for third-class licensees to purchase tickets for the rare and unusual product raffle which was previously only available for consumers; and allowing the Department to stagger new and renewal dates for permits versus an annual renewal, which will likely expedite processing times and provide a better permitting process for new businesses.

Bill Updates

Bill Updates
  • H.703 Workforce Development: An updated fiscal note details the $41.9 million spending in the bill, which will be on the House floor for approval of amendment before advancing to the Senate. The bill contains investments in the CTE system, funding to retain healthcare workers, and incentives to attract new workers to move to Vermont.
  • H.492 Act 250 Governance: The House passed the proposal to move Act 250 appeals from the Environmental Court to the Natural Resources Board, replacing a well-defined legal process with a new board of review consisting of political appointees with limited legal training. Objections to the proposal raised on the House floor focused on the tight timeline to spend APRA dollars. With many housing and development projects that will likely need to go through the Act 250 process, some worry the disruption that a reconfiguration of Act 250 governance could cause would slow down the process of getting ARPA dollars spent. The bill now goes to the Senate.
  • S.113 Chemical Regulation: Following the Vermont Chamber’s testimony and recommendation on S.113, the House Judiciary Committee heard from the Department of Financial Regulation (DFR) to address the Vermont Chamber’s concern as to whether or not insurance can be written or made available to manufacturers regarding medical monitoring claims for persons exposed to a proven toxic substance. DFR is neutral on the bill and did not provide the clarity needed, which will create uncertainty and put manufacturers at risk for additional costs and deter business recruitment.
  • S.269 Energy Savings Account: The House Energy and Technology Committee began taking testimony on S.269, a bill that would extend the Energy Savings Account Pilot Program for participating businesses. The original program had been impacted by a slow role out of programmatic guidelines and COVID-19 related delays. The pilot program is intended to see if greater energy savings can be found through large employers implementing their own efficiency projects with the funds their company would have otherwise paid into the Energy Efficiency charge.