By Paul Bean

One of Vermont’s leading climate activists conceded the possibility of a ‘gentle’ repeal of the Clean Heat Standard, but wants the State to keep the section of the bill that allows the state to use a fuel dealer registry to track heating fuel sales.

“So I just wanna sort of end by saying, I’m happy to speak more as you explore a gentle repeal of the Affordable Heat Act, underscoring just the importance of the problem that it’s trying to solve in a cost effective and equitable manner,” said Johanna Miller, Energy and Climate Director for the Vermont Natural Resources Council (VNRC).  Miller was speaking Tuesday, March 11 in the Senate Natural Resources Committee about S.68, an act relating to repealing the Clean Heat Standard. 

The Legislature’s insistence on passing the Clean Heat Standard and overriding Gov. Phil Scott’s veto despite widespread voter concerns about affordability and workability is credited as one of two main reasons (property tax increases, the other) that a Red Wave swept over the Legislature in last November’s election. The enlarged Caucus of Senate Republicans have been insisting on a repeal vote – so far, without success.

At least one supporter of today’s Repeal the Clean Heat Standard rally, scheduled for noon in the Cedar Creek Room of the Vermont State House, was in attendance at Tuesday’s committee meeting. John Brabant (second from left in audience in photo above) is the Regulatory Affairs Director of Vermonters for a Clean Environment.

“You know, as you probably well aware, when Russia invaded Ukraine, that happened, the cost of number two fuel oil escalated by over two dollars a gallon in just the span of a year,” said Miller earlier in a hearing on Tuesday morning, adding that volatile fuel prices and climate change are both reasons why something like the Clean Heat Standard needs to be implemented. “I mean, we have… a growing multitude of very complex, I would say, interrelated challenges, and that includes how we afford and help everyone afford to stay warm while getting off fossil fuels because of the fact that the climate crisis is real, increasingly costly, and consequential to real people and real people’s lives.” 

If they are to proceed with repeal of Act 18, Miller recommends the Legislature keep the fuel dealer registry, in which the Public Utility Commission requires all fuel dealers in the state to report all imported fuels, to help the PUC track fuel sales to calculate greenhouse gas emissions. “Based on the most accurate and full set of data, we need some type of fuel registry or some way to, at a more granular level, really have that data available.”

While registration is mandatory, Act 18 does not impose full CHS requirements, yet rather incentivises reporting on fuel delivered for a credit trading system managed by the PUC.  “Getting the data on delivered fuel at a more granular level is gonna be really important to support the best work in communities and regions and partnering and making progress most cost effective in the global west,” Miller said. 

The mandated fuel dealers registry is a big concern among Clean Heat Standard critics. 

“If you’re a department or a grocery store selling propane in a canister, or kerosene for lamp oil,  you are, in Vermont, a registered fuel dealer. That doesn’t make a lot of sense,” Matt Cota, a representative of the Vermont Fuel Dealers Association, told the committee Tuesday. 

Matt Cota, representative of the Vermont Fuel Dealers Association (at left) giving testimony Tuesday morning in the Senate Committee on Natural Resources and Energy. 

“If you look at this registration,” he continued, “This is the first ever clean heat registration as required by the law. You’re gonna see a lot of grocery stores on it..The residential, commercial, and industrial sectors all use heating fuel. Even when it’s not used for heat. So, if you sell a 16 oz. canister of propane, put a little fixture on it to heat up your cup of noodles or your tea when you go camping…If you buy it in Lebanon and bring it into Vermont, you are in fact an individual, a fuel dealer…It’s absurd… It’ll never be enforced. But it’s on the books, right now, because of Act 18.”

Following Cota’s comments, Senator Ruth Hardy and Senator Watson wondered if Cota had access or was willing to give access to data on fuel dealers’ tax information.

“So I don’t know that you ever answered the chair’s question, which is, you mentioned the value in having a sort of list of dealers or names or, you know, people who are selling the fuel. And my understanding is we don’t actually have that,” asked Sen. Hardy. “That’s why we can’t get that from the tax department for confidentiality reasons. And I see value in it. You mentioned you thought there was value in it, and I think the chair asked you that, and you didn’t answer that question.”

“So I apologize…. I do see value in it. I have the list,” said Cota. 

“Yeah. Well, I’m sure you do because if you’re they’re… and is that a public list?,” said Sen. Hardy. 

“Sure,” said Cota. “I’’ll get you the directory. It’s in my car. I’ll give you everyone to talk with.” 

“And does it match with the I mean, obviously, you don’t know because the tax data is that part of the tax data is confidential,” replied Sen. Hardy “But if one were to have that data….does it match?” 

“Well, maybe Senator Hardy is on to me,” said Cota. “I would love that data because then I could see all those are members of the association, versus all those that are paying their tax. And if there are gaps in that, we can cover that.”