Energy

Clean Heat Standard dead without another vote, PUC states and House chair agrees

Influential House chair and climate hawk tells her committee CHS can’t move forward without a vote

by Guy Page

The Clean Heat Standard cannot be implemented without further approval of the Legislature, Rep. Kathleen James, one of its strongest proponents in the Legislature confirmed in a Wednesday, May 28 letter.

Rep. Kathleen James

The 2023 ‘Affordable Heat Act’ requires the Public Utilities Commission, the state’s energy regulation board, to establish a Clean Heat Standard program to transform heating Vermont’s buildings from the prevalent fossil fuels of natural, oil, propane and kerosene to electric-powered heat pumps, advanced wood chip furnaces, and weatherization. A de facto tax on fossil fuels would pay for the ambitious transition.

Clean Heat Standard supporters say it’s necessary to meet carbon reduction mandates established by the Global Warming Solutions Act, and that once implemented it will save money in the long run because (they say) electricity is cheaper than fossil fuels and will remain so, especially due to the ‘social costs’ (health impacts, catastrophic weather) of climate change.

Opponents say renewable-based electricity is expensive now and there is no guarantee it will be cheaper in the long run, that the bureaucratic and workforce costs of transitioning to electricity will be steep, and that in any case Vermont contributes only a sliver of the world’s carbon emissions.

They also question the effectiveness of heat pumps in extreme cold weather.

Facing the uncertainties raised by its critics, the Senate passed the AHA only after a handful of senators agreed on a ‘checkback’ provision requiring the Legislature to act before implementation. Nevertheless, some lawmakers have been proceeding with early planning steps and funding despite the lack of a checkback. An effort to repeal the Clean Heat Standard was stymied in the Senate. A House repeal bill introduced by Republicans was ignored in the House by Energy and Digital Technology Chair Kathleen James.

Yet even a climate hawk like James appears to see the writing on the wall: the CHS has been studied by the PUC and has been found wanting. Her May 28 letter to her committee (“HED”) references a May 27 Public Utilities Commission letter saying that

1) the Clean Heat Standard can’t be implemented without additional legislative approval,

2) The Legislature didn’t take that step,

3) so the Public Utilities Commission won’t take any further action.

The May 27 PUC letter clearly outlines the the energy regulator’s unwillingness and legal inability to proceed with the Clean Heat Standard. For example:

“Finally, Section 8131 of Title 30 provides, “Notwithstanding any other provision of law to the contrary, the Commission shall not file proposed rules with the Secretary of State implementing the Clean Heat Standard without specific authorization enacted by the General Assembly.”


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Categories: Energy

15 replies »

  1. The best laid plans are sometimes best flushed down the toilet. What a waste of time and taxpayer money. The cave monkeys need to go home and find a real job if anyone would hire them.
    .

  2. this is a great example of a Moral Hazard, definition taking someone’s money an not be responsible for it. when will the vermont legislature listen to the citizens and common sense? not until we vote them out of office.

  3. Wouldn’t it have been great if these people had not wasted all winter on this garbage and spent more time figuring out how to LOWER costs and CUT SPENDING on our education system? You know – time that could have been spent working on a crime bill with some actual teeth in it that doesn’t allow our crappy justice system to get away with not prosecuting cases and doing their job? Our taxes need to be reduced. The next steps need to be to untether ourselves from CaliFAILURE and get rid of the Global “solutions” act.

    • The way I see it, this is but one more reason why the budget should be the first thing passed. If they don’t have the money, they can’t spend it ! Kinda like, well…me !

  4. So, if Act 18 is not repealed, do the 5 permanent government positions authorized by it ($1.7M) continue to be funded and staffed?

    And, Act 18 clearly says “The Clean Heat Standard is enacted”. Seems to me, without repeal, the CHS is still enacted. Maybe no PUC rules are brought forward to the legislature the law is still in force. All 41 pages of it.

    Something doesn’t smell right.

    • I agree ! It ain’t dead until the last spade full of dirt is thrown on it, and I swear some of these disingenuous dirt bags are flippin zombies !!

  5. Where do these people come from? 2/3rds of those elected to “serve” (screw) us under the “Golden Dumb” in Mount Peculiar, were born, raised, and/or educated, out of state . Every year the state publishes a book known as the “Face Book” that has a short bio on each legislator. Some list the info above, those less than proud of their formative years don’t list this info. If they don’t list it, it can usually be found in “Ballotpedia”.

  6. A more accurate description is “Dormant” not “Dead”. Without a vote to implement rules, the carbon credit exchange doesn’t go into effect. BUT without a vote TO REPEAL, the law remains on the books just waiting for someone to flip the ON switch. Like in January 2027 if Republicans lose the next election.

    • Exactly! They most likely are now working on their next agenda. While thinking we will not pay attention. I know you will Rob and thanks.

    • Only a vote by whom, Guy? The voting electorate or the legislature?

  7. Take heed Vermonters… Your heat bills depend upon your voting in those who will continue to oppose.

    NOW is the time to be organizing small clusters in each school district that will help at the grassroots level in each community. How about some Fourth of July Floats – Thank God – No Clean Heat Standards Needed – Vermont Air is already Emission FREE.

  8. Kathleen James, remember her face, her name, I’ll quote the late John Lewis, “make good trouble” against these Vermont Reps, or Maxine Waters when she said, when you see them in public, “they’re not welcome anymore anywhere”, we’ve been too complacent upon those that seek to ruin those who disagree with them, Trust Funders with liberal progressive ideals are ruining this state, and like Guy says, it only takes one to start this ridiculous process all over again, the witch is not dead.