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.

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.

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.

Land Use Modernization is an Essential, and Affordable, Housing Solution

Land Use Modernization is an Essential, and Affordable, Housing Solution

Legislators discussed important land use reports this week, in the Senate Economic Development, Housing, and General Affairs Committee, the House Environment and Energy Committee, and the Rural Caucus. This session is an opportunity to craft legislation that encourages more housing to be built in viable locations, without appropriating large sums of money. In particular, the Vermont Chamber is advocating for housing solutions that incentivize new development in and around our community centers as outlined in the Vermont Natural Resources Board report on necessary updates to Act 250.

Megan Sullivan, VP of Government Affairs, was on the Steering Committee for the report, which underscores the need for strategic changes to Vermont’s land use policy. This work brought together stakeholders with diverse perspectives to reach an agreement on how to best center modernization and incentivize essential housing development in smart growth areas. Several bills have been introduced that would be vehicles for progress in this area and the Vermont Chamber will be engaged throughout the session to ensure real progress is made.

Shared Priorities Central in Governor’s State of the State

Shared Priorities Central in Governor’s State of the State

Governor Phil Scott’s address to the General Assembly set the stage for a legislative session that has significant opportunities for collaboration between legislators and the Governor on issues that are top of mind for businesses. Both have said that housing solutions and climate recovery and resiliency measures top their priority lists.

Workforce housing and recovery and resiliency are two pillars of the 2024 legislative business priorities. The Vermont Chamber is continuing to work on solutions for modernizing Act 250 to increase housing development and is encouraging legislators to establish a statutory goal for housing supply. We are also at the table advocating for the replenishment of business recovery programs following this year’s flood disasters and supporting work that prioritizes resiliency measures to help secure stability for the Vermont business community.

As anticipated, Governor Phil Scott’s State of the State address echoed his longstanding commitments to the economic well-being of Vermont and fiscal responsibility. For the past decade, the Vermont Chamber has worked to put a spotlight on Vermont’s severe demographic challenges and Governor Scott expressed his shared deep concern about the accumulating impacts on our workforce, reiterating that “the biggest obstacle we face to economic sustainability, is a shrinking workforce.” The Governor also shared that his proposed budget this year will have a modest 3% increase. The Governor will return to speak to the General Assembly again in three weeks with details on his proposed budget.

Flood Recovery and Resiliency the Central Issue for Legislators

Flood Recovery and Resiliency the Central Issue for Legislators

Committees in both the House and Senate took testimony this week on the July flooding and the ongoing impacts of climate change in Vermont. Discussions in the Senate Economic Development, Housing, and General Affairs Committee highlighted the connection between housing challenges and climate impacts. Encouragingly, the focus was not solely on where not to build, but also on identifying suitable areas for development. Witness testimony stated that the triumph of Irene was the reopening of roads and bridges, while the triumph from the July flooding needs to be the building of new housing outside of floodplains.

In a joint hearing, the House Environment and Energy Committee collaborated with the House Transportation Committee to also address flooding and climate resilience concerns. The discussion focused on conserving and restoring landscapes, including wetlands and floodplains, to mitigate storm impacts. Notably, nature-based solutions were recognized for their dual benefits in reducing flood risk and enhancing community recreation. The Vermont Chamber will be advocating for continued resources for flood-impacted businesses and for policies that increase resiliency while also building housing.  

Draft Report on Recommended Act 250 Updates Released

Draft Report on Recommended Act 250 Updates Released

The Vermont Natural Resources Board released a draft report that underscores the need for strategic changes to Vermont’s land use policy. In recent months, Megan Sullivan, VP of Government Affairs was on the Stakeholder Steering Committee for the report, working to center modernization and to ensure essential housing development in smart growth areas is incentivized. Businesses are encouraged to submit feedback on the report in writing today, Friday, December 15, 2023. By participating in the public comment process, we can work together to ensure that Act 250 reform aligns with the needs of Vermonters.

There is an opportunity this year to update Act 250 to allow for critical housing development while also protecting important natural resources. It is essential that after taking public comments into account the final report recommendations consider the following:

  • We must ensure that the final report recognizes the role housing plays as an economic catalyst. We can stimulate economic activity and opportunity by reducing redundant permitting that adds unnecessary time and costs. This will actively support the creation of more housing in smart growth areas that subsequently help retain Vermont’s current population and attract new talent to Vermont.
  • It is vital that areas proposed for Act 250 exemptions, or a higher unit trigger, meet Vermont’s growth needs over the next 20 years. Infill development in current mapped designation areas which include less than 3% of Vermont’s land, will not meet the level of new housing units required to meet the goal of 350,000 units by 2035.
  • Any enhanced Act 250 jurisdiction in areas that have subsets of highly sensitive natural resources in Vermont should be carefully studied with input from rural Vermonters. Rural communities are an important part of the fabric of Vermont and cannot be left out or left behind.
  • The final report should contain a clear recommendation on measurable performance indicators. They must require that the administration of Act 250 is timely, consistent, predictable, and fair across all District Commissions.

Opportunity for Public Comments on Major Land Use Reports

Opportunity for Public Comments on Major Land Use Reports

The business and development communities are encouraged to provide feedback on the drafts of several milestone reports on land use policy. The Vermont Chamber is here to save you time by breaking down the key details and directing you on how to provide feedback. Reach out to Megan Sullivan to join a virtual meeting on Tuesday, November 21 at 11:00 AM and learn everything you need to know. The meeting will cover two draft reports by the Vermont Association of Planning and Development Agencies (VAPDA) and the soon-to-be-released draft report on necessary updates to Act 250.

Comments on the VAPDA’s Regional Planning Report and the Act 250 Municipal Delegation Report are being accepted until December 1. Two more draft reports, the Natural Resource Board’s Necessary Updates to Act 250 and Designation 2050 Evaluation and Reimagining Vermont’s Designation Program for the Next 25 Years, will be released in the coming weeks. Comments will be reviewed and integrated into the final reports in time for the legislative session.

During the upcoming session, the Vermont Chamber will be advocating for bold strategic solutions that work to meet the need for 80,000 new units of housing by 2035. Specifically, we need to invest in more solutions for middle-income Vermonters through appropriations and tax policy. Exemptions, more predictable and consistent processes, and redesigning state designation programs will support and incentivize resilient smart growth in larger geographic areas.

State Testimony Sets the Stage for Another Session Centered on Housing

State Testimony Sets the Stage for Another Session Centered on Housing

State officials testified to the Joint Fiscal Committee on the magnitude of the statewide housing supply shortage, stating that “we cannot buy our way out of this crisis.” Legislative leaders agreed that it will require a coordinated approach and bold strategic solutions to bolster efforts that are already underway. The conversation set the stage for the upcoming legislative session when the Vermont Chamber will be a champion for policy solutions that will work to meet the need for 80,000 new units of housing by 2035.

The testimony confirmed that most communities are not producing enough units to meet current demand, despite $400 million of investment since March of 2020. Last session, the Vermont Chamber routinely advocated that money alone cannot solve this problem, and we will continue to elevate this throughout the upcoming session.

Resiliency Must Be Central To Rebuilding and Future Planning

Resiliency Must Be Central To Rebuilding and Future Planning

In the wake of this summer’s catastrophic flooding, the Senate Economic Development, Housing, and General Affairs Committee took extensive testimony to inform legislative needs for a long-term mitigation plan. The hearing covered housing and community resiliency as well as the workforce challenges that could hinder the ability to make progress on climate mitigation.

The hearings featured FEMA, climate experts, infrastructure specialists, state regulators, and advocates discussing the ongoing impacts of the flood. They also emphasized the need for a new perspective on growth strategies to focus on new, resilient, regions. This challenges historical standards for where development should occur.

Many members of the committee, who also serve on the Senate Finance Committee, stressed the challenge of finding ways to fund these critical initiatives, recognizing the mounting pressures on the state budget. Additionally, the hearing focused on the challenges of cultivating a diverse workforce capable of addressing climate challenges. The shortage of skilled labor required for recovery and the lack of resilient housing for displaced residents loom as significant hurdles.

Leading up to the 2024 session, Megan Sullivan, VP of Government Affairs, will serve on the Agency of Commerce and Community Development’s Vermont Economic and Community Development Task Force. The group will help shape Vermont’s future in the face of ongoing climate challenges and will inform legislative priorities.