Wildlife bill encourages farmers to post land against hunting, increases jail for big game violations

by Guy Page

The House this morning returned to the Environment Committee H.86,  creating a Chloride Contamination Reduction Program.

The motion to return the bill to committee came from Ela Chapin (D-East Montpelier), one of the bill’s sponsors. The purpose for returning the bill to committee was not explained on the floor. Bills typically are returned to committee either because they need more work, a new fact or concern has been raised, or because they lack sufficient votes to pass (or to pass with enough votes to overcome a possible gubernatorial veto.)

As set forth in the bill, also sponsored by Reps. Amy Sheldon (D-Middlebury), Sarita Austin (D-Colchester), and John Bartholomew (D-Hartland), the proposed Chloride Contamination Reduction Program at the Agency of Natural Resources aims to balance safe road conditions with reducing the environmental impact of salt and salt alternatives. 

It also protects certified, compliant salt applicators from lawsuits, provided they are not negligent.

This voluntary program is for commercial salt applicators and will involve education, training, and certification. Best management practices due by July 1, 2026 will focus on increasing efficiency in salt application to use the least amount while maintaining safe conditions, establishing standards for when and how to apply salt to prevent it from entering state waters, including using cost-effective and less harmful alternatives. 

The program also requires record-keeping for certified applicators, including information on the type and rate of application, dates, and weather conditions. Certification may be revoked for violations. A key amendment suggests the fee for certification, whether charged by the state or a third-party vendor, must be approved by the General Assembly. The bill’s implementation is contingent upon a fiscal year 2026 appropriation from the General Fund. 

Municipal employees (i.e. town plow drivers) who complete prescribed training will have limited civil liability.

On the Notice Calendar, meaning it will likely be voted on tomorrow or the next day, is H.230, Proposed changes to fish and wildlife management, sponsored by Rep. Larry Satkowitz (D-Randolph). The bill includes:

Confirmation that Commissioner of Fish and Wildlife may designate “free fishing days” and a “free mentored fishing weekend”. 

Fishing tournaments would require a permit from the Department of Fish and Wildlife, with exemptions for tournaments limited to those under 15 years old or held as part of Special Olympics. Fees would be based on number of participants.

Fines for big game violations are proposed to increase, with a first offense fine of not more than $2,000 and not less than $500, and subsequent offenses facing fines up to $5,000 and potential imprisonment up to 180 days (up from 60 days). 

The definition of minor fish and wildlife violations is updated, including violations like taking animals without a license or failure to carry one. New provisions require authorization to intentionally take reptiles or amphibians unless rules are adopted. 

Bringing live wild birds or animals into the state requires authorization from the Commissioner. 

Protections for threatened and endangered species are reinforced, prohibiting taking, possessing, transporting, or selling them, as well as destroying or adversely impacting critical habitat. ANR may permit taking for scientific, propagation, educational, or other specific purposes or for incidental taking if the impact is minimized and doesn’t impair conservation. 

Finally, the bill repeals reimbursement for damage caused by deer or black bear on unposted farmland. 

Many sections of this act are effective July 1, 2025, with the reptile/amphibian taking provision effective January 1, 2027.

Today’s notice calendar shows several Senate-approved bills up for review this week:

S.63 tightens Green Mountain Care Board review of hospital budgets. Hospitals must operate within the established budget. The Board can seek court action including penalties of up to $40,000 for a single violation or up to $100,000 or one-tenth of one percent of gross annual revenues for continuing violations, whichever is greater. The Board can also issue orders to hospitals after notice and hearing, though in emergencies posing an immediate threat, orders can be issued without prior notice.

S. 87 gives more weight to law enforcement authorities in the extradition process. It would extend the time a person can be jailed to await extradition from 30 to 90 days. Findings for probable cause can be based on hearsay evidence or copies of affidavits. It presumes a previously signed waiver of extradition is valid if the person contests it, placing the burden of proof on the person contesting the waiver. 

S. 109, the miscellaneous bill from Senate Judiciary, would:

Clarify the Judicial Bureau’s jurisdiction over violations related to tobacco possession by persons under 21. The penalty for persons under 21 misrepresenting age to buy tobacco is changed from a fine to a civil penalty of not more than $50.00 or up to 10 hours of community service. 

Ban public internet access to criminal, family, or probate case records. Criminal justice agencies may have access for criminal justice purposes. 

Update the definition of a “Victim” to include intervenors physically injured assisting protected professionals. 

A surcharge of $100 is levied on criminal offenses committed after July 1, 2009, to support Specialized Investigative Units. 

Regarding adult involuntary guardianships, require the court to dismiss and seal records if the respondent is found not in need of guardianship or if the petition is withdrawn before the final hearing. 

Update provisions for statutory form power of attorney, specifying acts requiring initialing, such as disclaiming property or exercising authority over digital assets. Juvenile jurisdiction transfer criteria are updated, listing specific delinquent acts that could lead to transfer if the child is between 16 and 19 years old. The bill also addresses the validation of instruments concerning real property, including those with defects or where a power of attorney is not recorded after a period of years. 

Several working groups are created to study issues like Firearm Surrender Order Compliance, the Victim Notification System, and Adult Involuntary Guardianships. Reports from these groups are expected in late 2025. A report on capital budget requests for county courthouses is also due by January 15, 2026. The General Assembly also requests recommendations on family forensic evaluators by November 1, 2025.

S.127 focuses on housing and housing development. 

It amends the Vermont Rental Housing Improvement Program, clarifying cooperation with State agencies and allowing exemptions from certain licensed lender provisions for entities carrying out the program. Requirements for grants and forgivable loans are detailed, including coordinating with housing partners to identify tenants and maintaining affordability. 

A Vermont Infrastructure Sustainability Fund is created within the Vermont Bond Bank to provide capital for water, sewer, and other infrastructure acting as barriers to housing development. 

The VHFA Rental Housing Revolving Loan Program provides subsidized loans for middle-income rental housing, with requirements for affordability periods and limits on annual rent increases. 

The bill updates provisions for Brownfield Property Cleanup, prioritizing review of remediation at sites with or planned for housing. A report on brownfields process improvement is requested by November 1, 2025, to make the program more efficient. 

A new subchapter is added for Tax Increment Financing related to a Community and Housing Infrastructure Program. This program defines “housing infrastructure project” and “housing development” and outlines requirements for municipal plans, housing infrastructure agreements, indebtedness, and the use of tax increments. Municipalities can retain a percentage of education property tax increment for up to 20 years, with higher percentages for projects satisfying low or moderate affordability criteria. 

The bill also updates requirements for smoke and carbon monoxide alarms in dwellings, specifying photoelectric-type or UL 217 compliant alarms. A report on VHFA Off-Site Construction is requested by December 15, 2026, to identify policy objectives and strategies.

Other items on today’s House calendar include H.504 regarding amendments to the charter of the City of Rutland and H.46 related to the creation of a Rare Disease Advisory Council. S.51 relates to the Vermont unpaid caregiver tax credit (amended into a tax break bill by House Ways & Means), and S.56 pertains to creating an Office of New Americans.