By Guy Page

A bill to repeal the Climate Superfund Act was introduced this morning in the Vermont House.

H.518, sponsored by Mike Tagliavia (R-Corinth) and co-sponsored by 50 Republicans, Democrat Kristi Morris, and Independent Anne Donahue, would repeal the State Climate Superfund Cost Recovery Program. The law, passed last year over the unsuccessful veto of Gov. Phil Scott, empowers the State to ‘make Big Oil pay’ via lawsuit for climate change-related costs. 

Supporters say the law lets the State pursue big business interests harming Vermonters, in the same way that lawsuits targeted tobacco and opioid industries and eventually generated settlements now paying for anti-smoking and drug abuse programs.

The 2024 law has yet to earn a dime for Vermont, nor is it likely to at least in the near future, even its supporters say. But it has produced three lawsuits. A climate change advocate has sued the State for failing to develop a plan as required by the law. Federal government and Big Oil itself (via the American Petroleum Institute and the U.S. Chamber of Commerce) lawsuits say Vermont has no jurisdiction over pollution outside its borders. 

Unlike some other proposed 2025 climate change repeal legislation called ‘soft’ because they lack specific requirements, H.518 is a hard repeal offering granular details:

• The Agency of Natural Resources would not be required to establish and implement the program. 
• The bill would repeal the requirement that the State Treasurer conduct an assessment of the cost to the State of Vermont and its residents of the emission of covered greenhouse gasses. 
• Any State position authorized for the program or for the State Treasurer’s completion of the assessment would be terminated.
• Any funds appropriated to the Agency of Natural Resources or the State Treasurer for implementation or administration of the program would be returned to the General Fund or any other fund from which monies were appropriated.

The bill was referred to committee. Democrat leaders of the energy and environment committees this year have declined to consider other climate change repeal legislation. 

In other floor action, the House today:

Passed S.53, certifying and providing Medicaid coverage for doula services. “Doula” means a nonclinical, nonmedical individual who provides direct emotional and physical support and educational and informational services to birthing individuals before, during, and after labor and childbirth – AKA a midwife. 

The bill would “reimburse qualified doulas in amounts that are reasonable and adequate for the services provided and that are consistent with the reimbursement rates set by other states’ Medicaid programs.” No dollar figure is assigned to this expense.