[T]he Senate supported a bill to review the state’s land use law, Act 250, voting 26-0 in favor on Monday.
The bill, H.424, would create a group called the “Commission on Act 250: the Next 50 Years” composed of seven legislators — three from each of the Legislature’s chambers, and one member of either chamber who is appointed jointly by the Committee on Committees and the House speaker.
The commission would be charged with three tasks.
It would need to review Act 250’s goals while considering a variety of information and statistics to evaluate how well the law has worked since its passage in 1970.
After that, the panel would write a report recommending changes to improve the law.
The commission would receive advice from a group of executive branch members, including representatives of the Agency of Commerce and Community Development; the Agency of Agriculture, Food and Markets; and the Agency of Transportation. This group will deliver a report on its recommendations for Act 250 by October, according to the bill.
Another group would also attend the commission’s meetings and offer advice. It would consist of planners, a professor, an environmental advocate, a developer, an environmental attorney and others.
The Senate version calls for a different commission membership than what the House envisioned.
Sen. Richard Westman, R-Lamoille, said he hopes the commission will take a look at consistency in Act 250’s application.
Act 250 was written to give a measure of local control to the districts that review project applications, but districts sometimes reach different conclusions about the same proposal, Westman said.
For instance, a 93-mile snowmobile trail stretching from St. Johnsbury to Swanton crosses three districts; two of them told the project’s supporters it wouldn’t need to undergo Act 250 review, but one district required review under the law, Westman said.
A separate bill before legislators this year illustrates another challenge involving Act 250 in its present form, said Brian Shupe, executive director of the Vermont Natural Resources Council.
The bill, titled S.135, is before the House and would exempt “priority housing projects” of any size from Act 250 review in towns with more than 10,000 people. Priority housing projects are mainly in downtown areas and serve residents of all income levels.
Shupe said his group doesn’t especially object to the exemption and that VNRC actually supports some of the aims of S.135.
But Shupe said this is yet another exemption to a law that already has too many of them.
“It’s a troubling pattern,” he said, and his organization is “uncomfortable” with the seemingly uncoordinated accumulation of exemptions to Act 250 that has taken place.
The act needs a wholesale review, he said, and H.424 accomplishes that.
Sen. Kevin Mullin, R-Rutland, said he hopes the commission’s recommendations will ensure that projects are processed more quickly and predictably. His constituents have long been calling for both, Mullin said.
Some developers can’t even get their applications approved, Mullin said, adding that engineers in his district are afraid to take on projects that trigger Act 250 review because the regulations are so onerous.
The Senate’s endorsement of H.424 “is a positive step,” said Jon Groveman, the Vermont Natural Resources Council’s policy and water program director. Act 250 “has served Vermont very well,” Groveman said, but could stand to be modernized.
“It’s a real opportunity if done right,” he said.
