Data Privacy Legislation Prioritized by House Commerce Committee

Data Privacy Legislation Prioritized by House Commerce Committee

The legislature has introduced a new version of a data privacy bill that was discussed last year, pulling from laws in Connecticut and Oregon. The bill contains a small business exemption that will support Vermont’s smallest businesses from undue burden, but it also contains a private right of action that could lead to costly lawsuits. In the absence of comprehensive federal data privacy law, state legislatures have been passing a patchwork of different, and sometimes conflicting, laws.

These laws regulate how companies control and process personal data in an economy that is relying on it more and more. They can be important consumer protection tools but also have the potential to create confusion and challenging burdens in the marketplace. Nationally, the Information Technology and Innovation Foundation has estimated that state privacy laws could impose costs of $98 billion and $112 billion annually. Over 10 years, these costs would exceed $1 trillion. The burden on small businesses would be substantial, with U.S. small businesses bearing $20–23 billion annually.

Substantial New Taxes Pose Greater Risk to Affordability, Demographic Concerns

Substantial New Taxes Pose Greater Risk to Affordability, Demographic Concerns

House and Senate tax committees considered several new or expanded revenue sources to supplement a projected 20% increase in the average property tax bill for the next fiscal year. Addressing the persistent shortfall in the education fund, which struggles to meet the needs of a school system serving fewer students but requiring more resources, is not a new challenge. Introducing new revenue sources without accompanying solutions merely serves as a temporary fix. The Vermont Chamber agrees with the committee members willing to stand up and say that more money is not the solution and that hard conversations about cost containment measures need to happen this session. Specifically, those identified by the Joint Fiscal Office that would allow the education fund to support students without increasing the tax burden on Vermonters, which would only further drive the workforce from the state.

Options under discussion include an excise tax on sugary beverages, increased taxation on candy (including maple), a 6% sales tax on remotely accessed software, and potentially increasing Vermont’s sales tax. Last week, several business organizations sent a joint memo to the chairs of key committees to raise these concerns and request that they implement the changes provided by the Joint Fiscal Office to curtail education spending. Cost containment measures can’t take a back seat, while legislative proposals for increasing the burden on Vermonters are discussed.

Focus Builds on Act 250 Modernization Efforts

Focus Builds on Act 250 Modernization Efforts

With three different Act 250 modernization proposals under discussion in three different committees, stakeholders are optimistic that this could be the year for meaningful reform that includes exemptions. The BE Home bill, H.687, and S.308 each lay out a tiered approach to Act 250 jurisdiction, but differ in the details of how those tiers will be determined and what they include. The Vermont Chamber is encouraging collaboration and voicing support for policies that incentivize new development in and around our community centers as outlined by the Vermont Natural Resources Board report on necessary updates to Act 250.

The Vermont Chamber testified throughout the week before the House Energy and Environment Committee, advocating for sizable, planned growth area designations throughout the state. These would designate both large and small communities, include Act 250 exemptions, and should be large enough to build a substantial number of resilient housing units. Clear housing goals and a comprehensive data-informed plan must be established to address the changing demographic and housing needs. Legislators have an opportunity to leverage resources such as the Vermont Futures Project and VHFA’s Housing Needs Assessment to inform their decisions.

Chair Kornheiser Unveils New Tax Package

Chair Kornheiser Unveils New Tax Package

House Ways and Means Committee Chair Rep. Emilie Kornheiser (D-Brattleboro) announced her new tax proposals shortly after the Governor’s budget address. These new taxes come into consideration as businesses and workers will soon feel the $100 million first-ever state payroll tax to be levied starting July 1. This tax proposal is also in tandem with statewide concern for double-digit property tax increases and the confusion around how school spending works.

New taxes that have been introduced include:

  • A wealth tax of 3% aimed at tax filers, filing single or jointly, earning over $500,000.
  • A new personal income tax on unrealized capital gains.
  • Moving to a worldwide combined reporting corporate tax.
  • A cloud tax containing tax on software as a service (SaaS), Platform as a Service (PaaS), and Infrastructure as a Service (IaaS).

Raising these taxes will not reduce the tax burden on middle-income Vermonters. To make meaningful progress on improving affordability for middle-income Vermonters we can instead address the root causes of what is making the state unaffordable. The Vermont Chamber will continue to raise concerns about these tax proposals and share with businesses with the potential impact they would have on the Vermont economy in the weeks ahead.

Governor Presents FY25 Budget Focused on Affordability for Vermonters

Governor Presents FY25 Budget Focused on Affordability for Vermonters

Governor Phil Scott delivered his eighth budget address to the General Assembly, presenting a $8.6 billion budget across all funds. The budget focuses on strategic investments, maintaining current services, and sustainable growth without imposing new taxes or fees on Vermonters. The Governor emphasized the need for disciplined budgeting, highlighting organic revenue increases as essential for lasting economic growth. Acknowledging affordability, public safety, and housing challenges, he proposed new initiatives to address each.

Despite unexpected obligations, such as FEMA match payments, the Governor stressed the importance of smart, strategic investments showcased during the post-pandemic period. The budget aligns with fiscal reality, prioritizing fundamentals, and includes ongoing workforce, economic, and community development investments. Governor Scott urged lawmakers to work collaboratively on a balanced approach, encouraging middle-ground solutions that address challenges without burdening Vermonters financially.

Bottle Bill Veto Upheld in Senate

Bottle Bill Veto Upheld in Senate

The Governor’s veto of a bill that would have rewritten the state’s recyclable beverage container redemption law was upheld in the Senate by a vote of 17 in favor to 13 against. A veto override would have required two-thirds to vote in favor. The vote to uphold the Governor’s veto comes despite a Democratic supermajority, signaling the possibility that more controversial policy decisions this session may not be split simply on party lines. The Governor appealed to this “middle majority” in his budget address hours following the vote, stating, “…this Legislature can help Vermont find the sweet spot, where we do the hard policy work and invest in the things that help people, without pushing them further behind, or making it too expensive for young workers to get started here, and without forcing our anchor employers out of state, or ‘Main Street’ mom and pops out of business.”

 

If passed into law, the Bottle Bill would have set a new trajectory for beverage container management and impacted manufacturers, distributors, and retailers alike. The bill had the potential to disrupt existing recycling infrastructure with an increase in handling fees and the required participation in producer responsibility organizations. The widened scope of the bill would have strained current systems, leading to inefficiencies and increased financial burdens on taxpayers.

Work on Crucial Housing Bill is Underway in Senate Committee

Work on Crucial Housing Bill is Underway in Senate Committee

While there seem to be more housing bills introduced this session than housing units being built in Vermont, the Senate Economic Development, Housing, and General Affairs Committee took testimony throughout the week from various stakeholders to inform ongoing work on the “BE Home” bill. Early drafts of this session’s omnibus housing bill include amendments to Act 250, such as the issuance of permits contingent on other approvals and the establishment of new tiers. The proposal also addresses taxation adjustments, introducing modifications like property tax exemptions and sunset clauses for specific tax exemptions. Committee work on the proposed legislation is expected to continue next week to meet the Chair’s expectation of having a bill by early February.

The Vermont Chamber is advocating for solutions that encourage more housing to be built in viable locations, without appropriating large sums of money. In particular, for policy that incentivizes new development in and around our community centers as outlined in the Vermont Natural Resources Board report on necessary updates to Act 250.

Vermont Chamber Testifies to Support a Fair, Diverse, and Inclusive Business Landscape

Vermont Chamber Testifies to Support a Fair, Diverse, and Inclusive Business Landscape

Betsy Bishop, Vermont Chamber President, testified in the House General and Housing Committee in support of H. 363, an act relating to prohibiting discrimination based on certain hair types and styles. The proposed legislation not only upholds Vermont’s values of diversity, but also ensures that all individuals are treated with dignity and respect. Employers can maintain reasonable work uniform and grooming policies while taking a decisive stance against racial discrimination. Promoting diversity, equity, and inclusion in our workplaces is a moral obligation and a key driver of a thriving business environment.

Over the past three years, the Vermont Chamber has embarked on a journey to cultivate a culture of diversity, equity, and inclusion both internally and externally. Our commitment includes internal organizational efforts, such as setting goals, action plans, and board diversity, as well as external engagement through relationship-building and the support of initiatives like the Declaration of Inclusion.

School Spending Hikes Falling on Non-Residential Property Taxpayers

School Spending Hikes Falling on Non-Residential Property Taxpayers

As a result of a 2022 change in the education pupil weighting formula, some school districts would face a steep increase in property tax rates. To ease this transition, the law sought to protect districts from these rates impacting ratepayers all at once by capping increases on the tax rate at 5% for the next five years, even if that district experiences a homestead property tax rate increase exceeding 5%. Non-homestead ratepayers will already be paying the for 18.5% increase, but increases beyond this cap not covered by the homestead property taxpayers must be compensated by non-homestead taxpayers as well. While this cap was intended to ease the transition, it has created an incentive for school districts to raise budgets beyond what they would have absent the cap. Budgets are being presented with unprecedented increases, heavily impacting the non-homestead tax rate, hitting business owners that pay property tax and renters with large increases at a time when they are already absorbing soaring health care costs, a new payroll tax, high interest rates, and for some, staggering flood recovery costs.

As school boards begin publishing budgets reflecting, and in some cases boasting, spending sprees significantly beyond the 5% cap, legislators are reviewing their 2022 actions with the potential to curtail this high level of spending with the Chairs of the House and Means Committee and the Chair of the Senate Finance Committee issuing a letter on these increase to school boards.

 

Opportunity for Strategic Housing Investment in the Budget Adjustment Act

Opportunity for Strategic Housing Investment in the Budget Adjustment Act

This year, the annual task of adjusting the budget based on additional available funding, changes in program costs, and needs, will be different than in recent legislative sessions. With federal pandemic aid no longer in excess, discussions regarding the Budget Adjustment Act are subject to increased scrutiny and must be strategic. Funding must meet the greatest needs of Vermonters, and workforce housing is top of mind. The severe workforce shortages are exacerbated by the housing crisis and lead to recruitment and retention challenges that hinder Vermont’s economic growth. To address this, the Vermont Chamber is advocating in support of the Vermont Housing Finance Agency’s request for $25 million for the Middle-Income Homeownership Development Program

More needs to be done to engage with the private development community to increase the overall amount of homeownership opportunities for middle-income Vermonters. Specifically, by addressing the barriers that exist for building homes that the market can afford. The Middle-Income Homeownership Development Program has existed as a pilot program over the last two years and has successfully increased housing stock across the state. It has proven to be a prudent use of funding, making the most of programmatic dollars to create homes for 136 families to date. Support for this funding in the FY24 Budget Adjustment Act would ensure that the program continues to spur the critical work of building more middle-income housing.