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Roper: Is this what Sen. Kitchel meant by a legislative “check back”?

Promise that “nothing would move forward without affirmative action by the future legislature,” is shown to be very, very false.

by Rob Roper

Back at the end of February, S.5, the Clean Heat Standard bill, was in danger of dying in the Senate Appropriations Committee. A majority four out of the seven members couldn’t support a bill that handed over responsibility to the unelected Public Utilities Commission for totally remaking our economy and energy policy with without knowing exactly what the plan or the costs would be. But, this was a signature piece of legislation for Democratic leadership, so some sort of way forward had to be found.

That compromise mechanism was put forward by Senator Jane Kitchel (D-Caledonia) and it is now know as the “check back” amendment.

Senator Dick Sears (D-Bennington), who was initially opposed to S.5, questioned Kitchel, “I don’t understand, if we’re studying something, why we’re already putting the mechanism in place to change the standards and require the fuel credits and all the other things…. So I thought you would study it, then determine whether it’s practical or not. I just want to make sure we’re studying it to determine how we’re going to make it work. Are we studying it to determine if it’s practical?” Sears wanted to be assured that the legislature would have the opportunity to vote final approval or disapproval of the Clean Heat Standard after it has been studied and before it went into effect.  

Kitchel assured him this was the case. “It does provide that very opportunity, Senator Sears, because of the many concerns and questions that need to be answered. We need to fully understand the impact in all aspects of what is being proposed here.” She later said again about the Check Back that “nothing [emphasis added] would move forward without affirmative action by the future legislature.” This promise secured Senator Sears “yes” vote on the floor.

But, it was and is abjectly false.


Sen. Kitchel promises Sen. Sears “nothing would move forward” without check back.

When S.5 got to the House floor for debate, Representative Anne Donahue (R-Northfield), spent a full seventeen minutes going through the time-line of the Clean Heat Standard bill pointing out all the things that move forward before the legislature will get to say anything about this policy again.

“This is not a study. It’s not just information gathering,” concluded Donahue, “It’s enacting in statute the Clean Heat Standard and all of the components of it.” Some of the timeline items Donahue highlighted include:

Rep. Donahue demolishes the “check back” as a farce.

“So…” said Donahue, “I think it’s really important to understand that when we get to January of 2025 it will not be the time to re-adjust, it will not be the time to assemble all the information we have gathered and enter into a decision making process. All of that information was acted upon in establishing the [Clean Heat Standard] program. This [check back] is just a thumbs up or thumbs down on the rules of implementation. We don’t even know what might be established by order, because [the PUC] can implement by order, not just by rules.”

Now that the bill is back in the Senate the question is will Senator Kitchel insist that her “check back” be modified to do what she told Senator Sears it did? Will she continue to support S.5 if the check back doesn’t do what she promised it would? Will Senator Sears continue to support S.5 now that it’s clear that the check back, as written, doesn’t do what he was led to believe?

All indications are the Governor Scott will veto S.5. The bill passed the senate on a 19-10 vote with a supporter of the bill not voting. Scott would need eleven senators to sustain. All eyes are on Senators Kitchel and Sears. Were they misled about what the check back was? Or were they misleading the public to cover their tracks? We’ll find out!

Rob Roper is a freelance writer who has been involved with Vermont politics and policy for over 20 years. This article reprinted with permission from Behind the Lines: Rob Roper on Vermont Politics, robertroper.substack.com

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