The Vermont Statutes Online

Title 3 Appendix: Executive Orders

Chapter 010: Conservation and Development

• Executive Order No. 10-1 (No. 25-70) [Environmental Conservation Agency]

  Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

• Executive Order No. 10-2 (No. 26-70) [Transfer of Functions Relating to Water Pollution, Air Pollution, Radiation Pollution, Waste Disposal and Granting of Permits to Environmental Conservation Agency]

  Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

• Executive Order No. 10-3 (No. 29-71) [Transfer of Tourist Information and Outdoor Advertising Functions to Agency of Development and Community Affairs]

  Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

• Executive Order No. 10-4 (No. 34-71) [Transfer of Positions and Funds to Agency of Development and Community Affairs]

  Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

• Executive Order No. 10-5 (No. 43-71) [Transfer of Functions Relating to Industrial Hygiene and Ionizing Radiation to Department of Health]

  Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

• Executive Order No. 10-6 (No. 10a-77) [Transfer of Duties and Functions of Division of Outdoor Advertising]

  Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

• Executive Order No. 10-7 (No. 61-81) [Transfer of Division of Protection, Agency of Environmental Conservation, to Department of Water Resources and Environmental Engineering]

  Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

• Executive Order No. 10-8 (No. 24-86) [Program for Recycling of Waste Products and Revision of State Solid Waste Management Plan]

  Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

• Executive Order No. 10-9 (No. 53-87) [Designation of University of Vermont as Leading Institution for Providing Research and Development Services to Business Community]

  WHEREAS, the delivery of applied research and development services to the business community by post secondary institutions will enhance Vermont’s business climate; and

  WHEREAS, the University of Vermont is the only institution in Vermont with the “critical mass” to assist economic development activities effectively through basic research and applied research and development; and

  WHEREAS, the University of Vermont has shown initiative in launching several major activities to respond to the research and development needs of the business community; and

  WHEREAS, the University has demonstrated its research ability in the liberal arts and sciences; in agriculture, life sciences and natural resources; in education and social services; in engineering, math and business administration; and in medicine, nursing and allied health sciences,

  NOW, THEREFORE, I, Madeleine M. Kunin, by virtue of the power vested in me as Governor of the State of Vermont, do hereby direct that the University of Vermont be designated the lead research institution facilitating a consortium of other state-supported and independent colleges and universities to provide a comprehensive system of research and development services.

  Dated December 8, 1987.

• Executive Order No. 10-10 (No. 68-88) [State Agencies Designated as Having Programs Affecting Land Use or Exempted From Compliance With All Provisions of Growth Management Act of 1988 (Act 200); Establishment of and Reports to State Agency Planning Implementation Committee]

  Revoked and rescinded by Executive Order No. 3-50 (codified as Executive Order 10-09), dated December 23, 2009.

• Executive Order No. 10-11 (No. 71-89) [Transfer of Authority to Administer Solid Waste Grant Programs From Secretary of Development and Community Affairs to Secretary of Natural Resources]

  Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

• Executive Order No. 10-12 (No. 84-90) [Designation of Department of Environmental Conservation and Department of Housing and Community Affairs as Agencies To Administer 10 V.S.A. Chapter 153]

  Revoked and rescinded by Executive Order 3-46 (codified as Executive Order No. 06-05), dated September 13, 2005.

• Executive Order No. 10-13 (No. 92-90) [Energy Emergency Plan]

  WHEREAS, a shortage of energy resources within the state of Vermont may occur at any time and such a shortage may cause severe economic hardships or constitute a serious threat to public health, safety, and welfare;

  WHEREAS, under Act 254 of the 1973 Adjourned Session, as amended, the Governor is authorized to declare that an energy emergency exists and take actions to mitigate the effects of that emergency; and

  WHEREAS, it is prudent to have in place guidelines which inform the public of potential actions and allow for a rapid and coordinated response in the event an energy emergency occurs.

  NOW, THEREFORE, BE IT RESOLVED that I, Madeleine M. Kunin, Governor of the state of Vermont, do hereby order as follows:

  1. The Energy Emergency Plan is adopted. The Energy Emergency Plan shall be available for public comment.

  2. The Energy Emergency Plan shall be revised from time to time by the Governor. The Commissioner of the Department of Public Service shall recommend amendments as necessary to reflect changed conditions and comments from the public.

  3. The Department of Public Service shall retain an updated copy of the plan to be implemented in the event the Governor declares an energy emergency.

  This executive order takes effect upon signing.

  Dated August 31, 1990.

• Executive Order No. 10-14 (No. 99-90) [Approval of Interim State Agency Land Use Plans]

  Revoked and rescinded by Executive Order No. 3-50 (codified as Executive Order 10-09), dated December 23, 2009.

• Executive Order No. 10-15 (No. 10-91) [Advisory Council to the Agency of Development and Community Affairs]

  Superseded by Executive Order 3-99 (codified as Executive Order No. 10-21), dated April 8, 1999.

• Executive Order No. 10-16 (No. 13-91) [State Agencies Designated as Having Programs Affecting Land Use in Compliance with Provisions of Growth Management Act of 1988 (Act 200); Establishment of and Reports to State Agency Implementation Committee]

  Revoked and rescinded by Executive Order No. 3-50 (codified as Executive Order 10-09), dated December 23, 2009.

• Executive Order No. 10-17 (No. 05-92) [Governor’s Council of Environmental Advisors]

  Rescinded by Executive Order No. 10-37 (codified as Executive Order 01-11), dated March 30, 2011.

• Executive Order No. 10-18 (No. 06-94) [Vermont Clean State Program]

  Superseded and replaced by Executive Order No. 10-31 (codified as Executive Order No. 02-04), dated April 8, 2004.

• Executive Order No. 10-19 (No. 14-94) [Termination of Vermont Technology Council: Science and Technology Plan]

  WHEREAS, the Vermont Technology Council was requested to propose a vision and fundamental plan for science and technology in Vermont pursuant to Executive Order No. 14-93, signed November 18, 1993; and

  WHEREAS, the Council has devoted many hours and significant resources to development of this plan and has completed its work; and

  WHEREAS, the purpose of Executive Order No. 14-93 has been achieved.

  NOW THEREFORE, BE IT RESOLVED THAT I, Howard Dean, by virtue of the power vested in me as Governor, wish to thank the members of the Vermont Technology Council and especially its Chair for the work done at my request; and

  BE IT FURTHER RESOLVED that Executive Order No. 14-93, its purpose having been accomplished, is hereby rescinded.

  This Executive Order shall take effect upon signing and shall rescind Executive Order No. 14-93.

  Dated December 16, 1994.

• Executive Order No. 10-20 (No. 14-96) [Designation of Vermont Housing and Conservation Board as the “State Trust Fund”]

  WHEREAS, the General Assembly created the Vermont Housing and Conservation Board to conserve and protect Vermont’s agricultural land and to date the Board has assisted in the protection of 53,500 acres of agricultural land through the purchase of development rights; and

  WHEREAS, the Farms for the Future Act, passed by the United States Congress in 1990, established the Agricultural Resource Conservation Demonstration Program (the “Program”) by which the State of Vermont is eligible for federal assistance for up to five years to acquire interests in land to protect and preserve important farmland for future agricultural use; and

  WHEREAS, under the Program, the Secretary of the U.S. Department of Agriculture (the “Secretary”), acting through the Farmers Home Administration, will guarantee ten year loans from lending institutions, pay all interest on such loans for the first five years and pay the difference between the charged interest rate and the limited resource rate, not less than 3 percent for the second five years; and

  WHEREAS, by participating in the Program, the State of Vermont will increase its ability to acquire interests in land to protect and preserve important farmland and create a self-sustaining fund administered by the Vermont Housing and Conservation Board which will reduce the risk of losing important farmland; and

  WHEREAS, in order to qualify for federal assistance this year, the State must (i) demonstrate that State/private assistance is available for acquiring interests in land to protect and preserve important farmlands for future agricultural use; (ii) designate a State trust fund; and (iii) negotiate and sign an Agreement with the Secretary; and

  WHEREAS, implementation of the federal Program will require a concerted and coordinated effort by State and local governments, private nonprofit corporations, lending institutions and the Secretary;

  NOW THEREFORE, BE IT RESOLVED THAT I, Howard Dean, M.D., Governor of the State of Vermont, by the power vested in me by 3 V.S.A. Chapter 41, do hereby designate the Vermont Housing and Conservation Board (the “Board”) as the “State trust fund” for purposes of the Agricultural Resource Conservation Demonstration Program, passed by the United States Congress in 1990 (the “Program”).

  1. The Board is authorized to negotiate and sign an Agreement with the Secretary of the U.S. Department of Agriculture (the “Secretary”), so that the State of Vermont will receive federal assistance under the Program which will be used exclusively to implement and effectuate the policies and purposes of the Vermont Housing and Conservation Trust Fund Act, Title 10, Chapter 15 (1987, No. 88, § 1, eff. June 11, 1987) to facilitate the acquisition of interests in land to protect and preserve important farmlands for future agricultural use in the State of Vermont;

  2. The Board shall advise the Secretary of the amount of State/private assistance Vermont will make available for acquiring interests in land to protect and preserve important farmlands for future agricultural use and provide the Secretary with necessary verification;

  3. Once the Secretary notifies the State of Vermont that it is eligible to receive federal assistance under the Program, the Board is authorized to borrow funds from a lending institution, provided that the loan is guaranteed by the Secretary and that the loan proceeds are used exclusively to implement and effectuate the policies and purposes of the Vermont Housing and Conservation Trust Fund Act;

  4. During Vermont’s participation in the Program, the Board shall work with the General Assembly, the State Treasurer, municipalities, foundations, nonprofit corporations, businesses and private parties to set the amount of assistance the State of Vermont will make available in State/private assistance for acquiring interests in land to protect and preserve important farmlands for future agricultural use so that the State of Vermont will continue to be eligible for federal assistance under the Program;

  5. As part of its annual report to the Governor and the General Assembly, the Board shall include a full financial report of funds received under the Program and a list and a description of activities supported with such funds.

  This Executive Order shall take effect upon signing and shall supersede Executive Order #98-90 adopted December 20, 1990.

  Dated September 10, 1996.

• Executive Order No. 10-21 (No. 03-99) [Establishment of Advisory Council to the Agency of Commerce and Community Development]

  Expired by its own terms, effective May 1, 2005.

• Executive Order No. 10-22 (No. 04-99) [State Compliance with Environmental Laws]

  Expired by its own terms, effective January 1, 2005.

• Executive Order No. 10-23 (No. 02-00) [Vermont’s Committee to Ensure Clean Air]

  Expired by its own terms, effective June 30, 2001.

• Executive Order No. 10-24 (No. 03-00) [Membership Expansion of Vermonter’s Committee to Ensure Clean Air]

  Expired by its own terms, effective June 30, 2001.

• Executive Order No. 10-25 (No. 08-00) [Vermont’s Committee to Ensure Clean Air]

  Expired by its own terms, effective June 30, 2001.

• Executive Order No. 10-26 (No. 03-02) [Reduction of Mercury Use]

  WHEREAS, mercury is a persistent and toxic pollutant that has accumulated in Vermont’s environment, especially in aquatic environments; and

  WHEREAS, most of Vermont’s mercury contamination comes from large generators of air pollution located in upwind regions of the country; and

  WHEREAS, this pollution is harmful to health and the environment; and

  WHEREAS, consumption of certain fresh and salt water fish above the state’s fish consumption advisory levels may pose a health risk, especially to young children and women of child bearing age because of mercury pollution; and

  WHEREAS, Vermont’s fish-consuming wildlife are also threatened from mercury contamination; and

  WHEREAS, approximately one third of Vermont’s impaired waters are impaired because of air deposition of mercury; and

  WHEREAS, Vermont and other New England States and the Eastern Canadian Provinces support the virtual elimination of mercury from the environment; and

  WHEREAS, Vermont and other New England States agreed to approaches to obtain reduction of air deposition of mercury, including litigation against sources of that pollution; and

  WHEREAS, one additional source of mercury contamination in the environment is the release of mercury from numerous types of consumer products including thermometers, lamps, thermostats, medical instruments, and numerous products containing mercury switches (such as autos, pumps and gauges) when they are disposed of or broken; and

  WHEREAS, mercury-free or low mercury alternative products exist for many consumer products containing mercury; and

  WHEREAS, Vermont must do its part to remove mercury from the environment; and

  WHEREAS, Vermont has implemented mercury education and reduction programs and a precedent setting mercury product labeling law to alert consumers of mercury content; and

  WHEREAS, Vermont state government has a duty and responsibility to lead by example in conserving natural resources and practicing pollution prevention, and has taken numerous actions through the Vermont Clean State Program to reduce wasteful practices and reduce toxic chemical use and release.

  NOW THEREFORE, BE IT RESOLVED THAT I, HOWARD DEAN, by virtue of the power vested in me as Governor, do hereby order state agencies, departments and offices.

  1. To eliminate the purchase of products that contain mercury where mercury-free alternatives exist at reasonable cost and comparable performance to mercury-added products.

  2. Where such mercury-free alternative products do not exist, I order that preference be given to the purchase of products with the lowest total mercury content feasible (and documented as such) and products that bear a mercury content warning label as required of product manufacturers under Vermont law.

  3. These practices shall be reflected in the administrative purchasing policies of the state no later than July 1, 2002 and in all new contracts issued after the effective date of this order.

  4. The Department of Environmental Conservation shall assist the Department of Buildings and General Services in identifying mercury-added products and low and mercury-free product alternatives.

  5. The Department of Environmental Conservation and the Department of Buildings shall jointly report to the Secretary of the Agency of Administration annually regarding compliance with this Executive Order.

  6. This Executive Order shall take effect upon signing and shall sunset on June 30, 2012.

  Dated April 4, 2002.

• Executive Order No. 10-27 (No. 07-02) [Establishment of On-Site Septic Reform Education and Implementation Advisory Committee]

  Expired by its own terms, effective January 1, 2003.

• Executive Order No. 10-28 (No. 11-02) [Reduction in Greenhouse Gas Emissions from State Government Buildings and Operations]

  Superseded and replaced by Executive Order No. 14-03 (codified as Executive Order No. 10-30), dated September 16, 2003.

• Executive Order No. 10-29 (No. 12-02) [West Mountain Wildlife Management Area]

  WHEREAS, in 1999, pursuant to Sec. 87a of No. 1 of the Acts of 1999, the State of Vermont participated in the purchase of approximately 133,000 acres of land in Vermont’s Northeast Kingdom; and

  WHEREAS, the appropriation of $4,500,000 was to be “used to purchase and ensure that the lands commonly referred to as the Champion lands in northeastern Vermont are conserved as a working forest for the sustainable production of wood products, for natural resources, including the maintenance of wildlife habitat and conservation of identified natural heritage sites, and for perpetual public access for traditional recreational uses”; and

  WHEREAS, the former Champion lands now consist of approximately 84,000 acres of working forest, subject to both a working forest and a public access easement owned by the State of Vermont and the Vermont Land Trust to ensure that the land is perpetually managed for the sustainable growth and harvesting of timber and is perpetually open for public access; approximately 22,500 acres of state-owned land, the West Mountain Wildlife Management Area, conserved for perpetual public access and its fish, wildlife and ecological values; as well as approximately 26,500 acres of land held by the United States Fish and Wildlife Service as a Silvio Conti National Fish & Wildlife Refuge; and

  WHEREAS, this land purchase, in which Vermont’s contribution equaled less than a fifth of the total purchase price, has guaranteed Vermonters’ access to these lands forever; and

  WHEREAS, dialogue and clear assurances will allow us to move forward to ensure that the complex land deal that granted Vermonters so much is appreciated by Vermonters for its value and is protected forever.

  NOW THEREFORE, I, Howard Dean, M.D., through the power vested in me as Governor of the State of Vermont, do hereby order as follows:

  1. The West Mountain Wildlife Management Area (WMWMA) that was acquired by the state of Vermont as part of the so-called Champion land deal pursuant to Sec. 87a of No. 1 of the Acts of 1999, and that is a portion of the so-called Champion lands, is a wildlife management area, and as such it will be managed by the Vermont Department of Fish and Wildlife or its successor agency or department.

  2. All of the approximately 22,500 acres of the WMWMA shall be conserved for lawful and perpetual public access for traditional recreational uses, including boating, fishing, trapping, snowshoeing, skiing, bird watching, hiking, and hunting (including training and using hunting dogs). The Department of Fish and Wildlife shall allow snowmobiling, bicycling, and equestrian uses in designated corridors.

  3. The Department of Fish and Wildlife shall manage the WMWMA so as to retain road access to within two statute miles of any point within the WMWMA.

  4. The Department of Fish and Wildlife shall manage the WMWMA both for natural resource protection and wildlife, including active management to support both game and non-game species.

  5. The Department of Fish and Wildlife shall actively monitor the health, size, and distribution of selected populations of game and non-game species found in the WMWMA. Concurrently, the Department of Fish and Wildlife and the Department of Forests, Parks and Recreation shall monitor forest conditions of critical habitats including the habitat composition, condition, and health of bear-scarred beech stands, black bear wetland feeding areas, vernal pools, and white-tailed deer wintering habitat. These departments shall report their findings at the opening of each biennium to the legislative committees on institutions, natural resources and energy, and fish, wildlife and water resources, or any successor committee or committees.

  6. Prior to the implementation of any changes to the management of WMWMA, and prior to the adoption of any new management plan for the WMWMA, the Department of Fish and Wildlife shall report to the legislative committees on institutions, natural resources and energy, and fish, wildlife, and water resources, or any successor committee or committees, with regard to those changes and those new plans.

  7. From the date of the execution of this Executive Order, if the Department of Fish and Wildlife intends to change or alter any present traditional recreational use of the WMWMA land or to amend or modify the management plan on the WMWMA, the Department shall inform the legislative committees on institutions, natural resources and energy, and fish, wildlife, and water resources, or any successor committee or committees, of that intent in writing and through personal testimony, if invited by said committees to so testify, by the end of the month of January in any year in which the Department intends to institute changes or alter any present use. An emergency situation of a non-recurring nature necessitating Department action is exempt from the provisions of this paragraph, but information about the emergency action taken must be included in the next year’s report to the legislative committees listed above. At the time of the emergency, the Commissioner will notify the chairs of the committees referenced above regarding the nature of the emergency and the steps taken to address the emergency.

  8. By this order a Citizen Oversight Council is created to assist in implementing the provisions of this order and the provisions of the Champion land transaction in the northeastern region of Vermont as authorized by the 1999 session of the general assembly. The council shall function as a forum to hear and attempt to resolve concerns involving the so-called Champion lands that are brought to the attention of the council regarding ongoing use and management of state lands, collaboration with the United States Fish and Wildlife Service, and public access to the public and privately held lands. With respect to the public lands and the role of the Agency of Natural Resources (ANR) and its constituent departments, these matters may include: public access; the recreation access plan; snowmobiling and other motorized, mechanical, and equestrian access; private roads; temporary restrictions; federal ownership; timber harvesting; wildlife management; land conservation; water classification; and economic development. The council has no authority to discuss or comment on interests obtained by a private owner who purchases a portion of the property, including timber harvesting and forest management interests obtained. This Council shall consist of the same membership and incorporates the same duties as the Champion Land Transaction Citizen Advisory Council created by 10 V.S.A. §§ 6407-6409. In addition, the Citizen Oversight Council shall:

  (a) Function as a source of information to persons interested in learning about the transaction including its legal conditions, or about the ongoing use and management of the land, and to provide for citizen advice, input and information relating to the future of the so-called Champion lands.

  (b) Make recommendations to the ANR and its constituent departments and to the legislative committees referenced above on the ongoing process of ensuring that the lands commonly referred to as the Champion lands are: conserved as a working forest for the sustainable production of wood products; conserved for natural resources, including the maintenance of wildlife habitat and the conservation of identified natural heritage sites; and conserved for perpetual public access for traditional recreational uses.

  The ANR and its constituent departments shall involve the council in their deliberative processes as they relate to the management of the WMWMA, and shall give due special consideration to any council recommendation provided under this section.

  The Department of Fish and Wildlife shall provide administrative and staff support to the council. Citizen council members shall be entitled to compensation as provided under 32 V.S.A. § 1010, for no more than three meetings during a year in which the council is authorized, under this section, to meet.

  This Executive Order shall take effect upon signing.

  Dated November 1, 2002.

• Executive Order No. 10-30 (No. 14-03) [Climate Change Action Plan for State Government Buildings and Operations]

  Superseded and replaced by Executive Order No. 10-40 (codified as Executive Order No. 15-12), dated December 28, 2012.

• Executive Order No. 10-31 (No. 02-04) [Vermont Clean State Program]

  Revoked and rescinded by Executive Order No. 3-50 (codified as Executive Order 10-09), dated December 23, 2009.

• Executive Order No. 10-32 (No. 03-04) [Vermont Advisory Commission on Manufactured and Mobile Homes]

  Expired by its own terms, effective December 31, 2005.

• Executive Order No. 10-33 (No. 07-05) [Governor’s Commission on Climate Change]

  Expired by its own terms, effective October 26, 2009.

• Executive Order No. 10-34 (No. 03-07) [Vermont Environmental Engineering Advisory Council]

  Expired by its own terms, effective June 30, 2010.

• Executive Order No. 10-35 (No. 06-07) [Governor’s Commission on the Future of State Parks]

  Expired by its own terms, effective December 2008.

• Executive Order No. 10-36 (No. 02-10) [Enhancing Investments in Affordable Housing]

  WHEREAS, a Tiger Team comprised of a skilled group of state employees with solid financial and analytical skills was formed to profile and review key financial data of Vermont’s affordable housing delivery system and to suggest and explore opportunities to enhance the efficiency of the system; and

  WHEREAS, five statewide entities serving state government, including the Vermont Housing Finance Agency (“VHFA”), the Vermont State Housing Authority (“VSHA”), the Housing Foundation, Inc. (“HFI”), the Vermont Housing and Conservation Board (“VHCB”), and the Department of Economic, Housing, and Community Development (“DEHCD”), and at least twelve non-profit housing organizations, have as their primary purpose the common mission of serving the affordable housing community; and

  WHEREAS, the five statewide entities employ over 130 employees, including three executive directors, a commissioner, and supporting staff, and consist of four separate Boards with 37 individual board members; and

  WHEREAS, the five statewide entities often collaborate to provide funding to the same affordable housing projects, especially through Vermont’s non-profit affordable housing network; and

  WHEREAS, the five statewide entities’ net assets are largely comprised of loan receivables held by VHFA and VHCB; and

  WHEREAS, the viability of Vermont’s affordable housing delivery system is dependent upon preserving the economic value of receivables created by investments of Vermont taxpayers and maximizing the direct benefit of these investments to Vermonters seeking affordable housing; and

  WHEREAS, the Tiger Team observed that the current design and implementation of the state’s affordable housing delivery system may foster a level of undue complexity and duplication of efforts, resulting in greater administrative costs and less direct investment in the construction and maintenance of affordable housing; and

  WHEREAS, the Tiger Team observed that operating and personnel expenditures for non-profit housing organizations has increased substantially greater than the rate of inflation for the period 2005-2008; and

  WHEREAS, the Tiger Team observed that changes to housing policy may result in increased revenue that could be used for investment in more affordable housing; and

  WHEREAS, the Tiger Team’s review concluded that a 10% savings in administrative costs within the five statewide entities alone would result in approximately $900,000 annually in direct investment in affordable housing, which could generate $20 million or more in additional investments in affordable housing if leveraged over a 30 year term and preserve the financial value of past capital investments in affordable housing; and

  WHEREAS, further review of the state entities’ affordable housing delivery system is warranted given the substantial resources currently dedicated to funding that system and the potential for savings and efficiencies.

  NOW, THEREFORE, I, James H. Douglas, by virtue of the power vested in me as Governor, do hereby direct the Commissioner of the Department of Economic, Housing, and Community Development to convene the necessary resources and stakeholders, as he shall deem necessary, to explore the redesign of, and business process improvements to, the state affordable housing delivery system to achieve savings and efficiencies which shall be used to make additional direct investment in affordable housing.

  The Commissioner shall, in consultation and conjunction with VHFA, VSHA, HFI, VHCB, and DEHCD:

  1. Conduct an in-depth review of the existing organizational structures and business processes of the five state affordable housing entities and make recommendations to improve their effectiveness and increase efficiencies;

  2. Recommend and procedures to ensure loan receivables held by the state affordable housing entities are managed in a fiduciary-oriented manner to ensure these substantial assets are available as a current and future resource for additional investments in affordable housing; and

  3. Provide a written report to the Governor and to the General Assembly no later than September 1, 2010 containing all findings and recommendations to achieve the purposes of this Executive Order.

  This Executive Order shall take effect upon execution and shall expire upon delivery of the written report to the Governor and the General Assembly.

  Dated March 18, 2010.

• Executive Order No. 10-37 (No. 01-11) [Council on Energy and the Environment]

  WHEREAS, the State of Vermont must come to terms with the implications of climate change and limited fossil fuels; and

  WHEREAS, the Governor recognizes the need and opportunity to promote a renewable energy economy that protects our natural environment, provides energy security, and creates sustainable jobs; and

  WHEREAS, the Governor desires the counsel of private citizens knowledgeable about the natural environment of Vermont, renewable energy, and the opportunities to reduce our contribution to climate change by conserving and increasing efficiencies across all sectors, including heating, electric and transportation;

  NOW, THEREFORE, I, Peter Shumlin, by the virtue of the power vested in me as Governor, do hereby establish the Governor’s Council on Energy and the Environment solely to advise the Governor of policy issues affecting the natural environment and energy security of the State of Vermont. To these ends, I direct the following:

  1. The Governor’s Council on Energy and the Environment will consist of up to 25 members, all of whom shall be appointed by the Governor and serve at his pleasure.

  2. The Council shall meet with the Governor at least four times annually.

  3. The Governor shall annually appoint one member to the council to serve as Chair.

  4. The Executive Office of the Governor shall provide administrative support to the Council. Members of the Council shall receive no compensation for their service.

  This executive order shall take effect upon signing and shall rescind Executive Order No. 5-92.

  Dated March 30, 2011.

• Executive Order No. 10-38 (No. 05-11) [Governor’s Climate Cabinet]

  Superseded and replaced by Executive Order No. 10-40 (codified as Executive Order No. 15-12), dated December 28, 2012.

• Executive Order No. 10-39 (No. 06-12) [Interagency Green Infrastructure Council]

  Expired by its own terms, effective January 1, 2017.

• Executive Order No. 10-40 (No. 15-12) [Governor’s Climate Cabinet and State Agency Climate Action Plan]

  Superseded and replaced by Executive Order No. 10-42 (codified as Executive Order No. 12-17), dated July 20, 2017.

• Executive Order No. 10-41 (No. 11-17) [Vermont Outdoor Recreation Economic Collaborative]

  WHEREAS, Vermont’s landscape of forests, farms and human communities and their associated outdoor recreation opportunities are major reasons why people visit and live in Vermont; and

  WHEREAS, in Vermont, outdoor recreation accounts for 34,000 direct jobs and $2.5 billion in consumer spending; and

  WHEREAS, our natural, cultural and physical recreation assets can and should be leveraged to sustain, grow and drive economic development in all sectors of Vermont’s economy with particular attention to the segment that includes outdoor recreation industry businesses that are most closely aligned with the State’s outdoor recreation brand; and

  WHEREAS, those recreation assets must be wisely managed and strengthened, not only to grow the economic development potential of this sector, but to sustain and enhance the value of the Vermont brand, the experience of visitors to Vermont and Vermonters’ quality of life;

  WHEREAS, there exists a broad set of outdoor recreation stakeholders but no platform for collective focus for accomplishing major efforts in this regard; and

  WHEREAS, it is important to establish a mechanism to identify and engage outdoor recreation businesses and other stakeholders to create a Vermont Outdoor Recreation Economic Collaborative (“VOREC”) for purposes promoting prudent stewardship of State recreation assets and marketing the outdoor recreation values and attributes of Vermont to effectively foster economic growth.

  NOW, THEREFORE, BE IT RESOLVED that I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont, do hereby create the VOREC Steering Committee (“VOREC Committee”), as follows:

  I. Composition and Appointments.

  The VOREC Committee shall be comprised of no more than fifteen members to be appointed by the Commissioner of Forests, Parks and Recreation from inside and outside of government in consultation with the Secretary of the Agency of Commerce and Community Development (“ACCD”), with the approval of the Governor. The State members shall include the Commissioner of Forests, Parks and Recreation or designee who shall serve as Chair and the Secretary of ACCD or designee. Non-State members shall include five representatives from companies within Vermont’s outdoor recreation industry, one representative from a Vermont nonprofit conservation organization, two representatives from the Vermont Trails and Greenways Council, one representing motorized recreation and one representing non-motorized recreation, three representatives from other Vermont nonprofit recreation organizations and two at-large members with experience in other Vermont economic development initiatives and/or outdoor recreation planning.

  The VOREC Committee may, in its discretion, establish working groups to support its mission, drawing membership from any agency or department of State government or private/non-profit entity. The VOREC Committee may, at its discretion, engage with private sector professionals in order to develop and implement the goals of this Executive Order.

  The VOREC Committee shall receive administrative and staff support from the Department of Forests, Parks, and Recreation and ACCD.

  II. VOREC Charge and Process.

  The VOREC Committee shall be advisory to the Governor. The VOREC Committee shall meet at the call of the Chair. The VOREC Committee shall adopt bylaws for governance of its meetings and engagement of the greater Collaborative before July 1, 2017. The VOREC Committee shall identify and engage a broad set of outdoor recreation businesses and other stakeholders for purposes of creating the VOREC. The VOREC Committee shall develop a strategy and specific action plan with measurable outcomes to, at a minimum, address the following:

  □ Contribute to efforts to market the outdoor recreation values and attributes of Vermont to effectively foster economic growth;

  □ Examine and promote laws, policies and initiatives that encourage outdoor recreation business;

  □ Strengthen stewardship of outdoor recreation resources and the organizations that support them;

  □ Mobilize the members of the VOREC to develop and implement the initiatives of the VOREC Committee; and

  □ Encourage, incentivize and guide the development of community-oriented outdoor recreation assets increasing economic impacts.

  VOREC will report all findings and recommendations to the Governor on or before September 15 of each year, beginning September 15, 2017. VOREC will advise the Governor on the effectiveness of this Order on the development and implementation of VOREC initiatives.

  III. Effective Date.

  This Executive Order shall take effect upon execution.

  Dated June 15, 2017.

• Executive Order No. 10-42 (No. 12-17) [Vermont Climate Action Commission]

  WHEREAS, through the 2016 Comprehensive Energy Plan, Vermont has committed to reducing greenhouse gas emissions by at least forty percent below 1990 levels by 2030 and eighty to ninety five percent below 1990 levels by 2050, and meeting ninety percent of energy needs from renewable sources by 2050; and

  WHEREAS, while significant progress has been made in reducing greenhouse gas emissions from the electricity sector through the partnership of the nine Northeast states that form the Regional Greenhouse Gas Initiative, comparable emissions reductions from other sectors that contribute to more than ninety percent of greenhouse gas emissions in Vermont have not been achieved; and

  WHEREAS, the State must work with a range of perspectives to develop a strategy to reduce greenhouse gas emissions and combat climate change that addresses these fundamental principles:

  • solutions that reduce greenhouse gas emissions must spur economic activity, inspire and grow Vermont businesses, and put Vermonters on a path to affordability;

  • the development of solutions must engage all Vermonters, so no individual or group of Vermonters is unduly burdened; and

  • programs developed to reduce greenhouse gas emissions must collectively provide solutions for all Vermonters to reduce their carbon impact and save money.

  NOW, THEREFORE, BE IT RESOLVED that I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby re-affirm Vermont’s commitment to reduce greenhouse gas emissions from all sectors of the economy and create the Vermont Climate Action Commission to develop effective actions to meet those goals:

  I. Commission Charge and Process.

  The Commission shall have the following duties and responsibilities:

  A. By July 31, 2018, draft and recommend, for the Governor’s consideration, an action plan aimed at reaching the State’s renewable energy and greenhouse gas reduction goals while driving economic growth, setting Vermonters on a path to affordability, and ensuring effective energy transition options exist for all Vermonters. The plan shall include specific actions recommended by the Commission to:

  (i) implement the long-term policy goals of the Vermont Comprehensive Energy Plan;

  (ii) reduce greenhouse gas emissions from all sectors, including those sectors not addressed in the Vermont Comprehensive Energy Plan; and

  (iii) stimulate or support investment in the development of innovative technologies and strategies that have significant potential to reduce greenhouse emissions in Vermont.

  B. Hold public scoping sessions to inform the recommendations of the action plan;

  C. On or before December 31, 2017, evaluate existing State Executive Orders which are designed to address climate change issues and recommend, for the Governor’s consideration, updates, modifications or sunset provisions.

  D. Convene a Technical Advisory Group to provide additional expertise and analysis of technical issues that may be required to fulfill the Commission Charge. The Technical Advisory Group shall consist of persons available to the Commission on an as-needed basis to provide expertise in climate science; emission quantification; public health; transportation; energy generation, transmission, and storage; energy markets; banking; insurance; regional planning; building design and operation; and any other expertise the Commission deems appropriate.

  II. Composition.

  The Committee shall consist of twenty-one members, with representatives from the named sectors listed below to be appointed by the Governor:

  A. the Secretary of the Agency of Natural Resources or designee;

  B. the Secretary of the Agency of Commerce and Community Development or designee;

  C. the Commissioner of the Department of Public Service or designee;

  D. the Secretary of the Agency of Transportation or designee;

  E. one representative from the Agriculture sector;

  F. one representative from the Clean Energy sector;

  G. one representative from the Commercial Hauling or Trucking sectors;

  H. one representative from the Construction or Development sectors;

  I. one representative from an Energy Utility;

  J. one representative from the Energy Efficiency sector;

  K. one representative from a statewide Environmental Organization;

  L. one representative from the Forestry or Forest Products sectors;

  M. one representative from the Fuels sector;

  N. one representative from Local Government;

  O. one representative from the Manufacturing sector;

  P. one representative from the Research and Development sector;

  Q. one representative from the Rural Development sector;

  R. one representative from a Small Business;

  S. one representative from the Transportation Demand Management sector;

  T. one representative from the Vermont Community Action Partnership; and

  U. one Vermont student currently enrolled at a Vermont academic institution.

  III. Chair of Commission and Commission Support.

  The Chair of the Commission shall be the Secretary of the Agency of Natural Resources or designee. The Chair shall name a Co-Chair and may name an Executive Committee to assist him or her with managing the Commission Charge.

  The Commission shall have the administrative, technical, and legal assistance of the Agency of Natural Resources. The Commission shall have technical assistance from the Department of Public Service; the Agency of Commerce and Community Development; and the Agency of Transportation.

  IV. Authority of Agencies.

  This Executive Order shall not limit the independent authority of a State agency to promulgate regulations related to greenhouse gas emissions and climate change in Vermont.

  V Effective Date.

  This Executive Order supersedes and replaces Executive Order No. 15-12 dated December 28, 2012 (codified as Executive Order 10-40). This Executive Order shall take effect upon signing.

  Dated July 20, 2017.

• Executive Order No. 10-43 (No. 13-17) [Interagency Committee on Chemical Management]

  Superseded and replaced by Executive Order No. 10-46 (codified as Executive Order No. 02-19) dated March 11, 2019.

• Executive Order No. 10-44 (No. 01-18) [Temporary Suspension of Heating Oil Content Requirements Due to Inadequate Supply]

  WHEREAS, the State has suffered an extended period of extreme cold weather which has resulted in depleted heating fuel oil supplies posing risks to the life and safety of Vermonters, particularly our most vulnerable residents; and

  WHEREAS, in consultation with the Secretary of the Agency of Natural Resources (Secretary) and the Commissioner of Public Service (Commissioner), I have determined that meeting the sulphur content limitations set forth in 10 V.S.A. § 585(b) is not feasible due to an inadequate supply of heating oil available to Essex, Caledonia, Orange, Windsor and Windham Counties; and

  WHEREAS, a temporary suspension of State heating oil sulphur content limitations would provide additional flexibility for companies that deliver heating oil in both New Hampshire and Vermont to purchase fuel from either Maine or New Hampshire.

  NOW, THEREFORE, BE IT RESOLVED that I, Philip B. Scott, by virtue of the authority vested in me as Governor of the State of Vermont pursuant to 10 V.S.A. § 585(e), hereby suspend the implementation and enforcement of the sulphur content limitations for heating oil sold within the State for residential, commercial or industrial uses, including space and water heating, effective immediately and to extend no further than January 24, 2018 or such earlier date as I may determine, in consultation with the Secretary and the Commissioner, that Vermonters are no longer at risk from inadequate supply.

  This Order shall take effect upon signing.

  Dated January 10, 2018.

• Executive Order No. 10-46 (No. 02-19) [Interagency Committee on Chemical Management; Process for Review of Chemical Recordkeeping and Reporting Requirements]

  WHEREAS, Vermonters may be exposed to harmful chemicals in drinking water, food supplies, outdoor and indoor air, and in consumer products; and

  WHEREAS, the State does not have sufficient information-use, volume, location and toxicity, and potential risks -about chemicals present in the State; and

  WHEREAS, sufficient information about chemicals present in the State is critical to the State’s ability to effectively respond to emergencies and threats to human health posed by harmful chemicals; ensure the safety of first responders; prioritize limited resources to address those chemicals that pose the greatest risk to Vermonters; assist Vermont businesses with compliance with federal and State laws related to chemical reporting and management requirements; and provide information to citizens about chemical use in the State; and

  WHEREAS, Executive Order 13-17 of 2017 (2017 Order) established the Interagency Committee on Chemical Management (Committee) to evaluate chemical inventories in the State on an annual basis to identify potential risks to human health and the environment from regulated and unregulated chemicals in the State; and

  WHEREAS, the 2017 Order requires the Committee to make recommendations to the Governor as to any necessary legislative or regulatory actions to reduce risks to Vermonters from unsafe chemicals on December 15, 2018, and requires a report to include, among other items, any recommended legislative or regulatory actions to reduce risks to human health and the environment from regulated and unregulated chemicals of emerging concern; and

  WHEREAS, the Committee met routinely and consulted with a citizen advisory panel on proposed recommendations for legislative or regulatory actions to reduce risks from chemicals, including the development of a general framework to be used by the Committee to review and analyze risks posed by chemicals in order to consider appropriate changes to applicable recordkeeping, reporting, and other technical requirements; and

  WHEREAS, the Committee submitted a report to the Governor on December 15, 2018. The report included recommendations for the establishment of a more specific process for coordinated State review of the risks to human health and the environment posed by chemicals, classes of chemicals, or groupings of chemicals, including chemicals of emerging concern, that are used or proposed for use in Vermont; and

  WHEREAS, the chemical review process recommended by the Committee will provide a consistent and deliberative framework for the State’s evaluation of chemicals and risks posed by those chemicals and will provide a transparent and coordinated approach to identifying and implementing legislative, regulatory or other changes needed to protect Vermonters and the environment from such risks.

  NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby amend and reaffirm the charge of the Interagency Committee on Chemical Management (Committee), as follows:

  I. Composition; Chair of Committee.

  The Committee shall consist of the following members:

  A. the Secretary of the Agency of Natural Resources or designee;

  B. the Secretary of the Agency of Agriculture, Food and Markets or designee;

  C. the Secretary of the Agency of Commerce and Community Development or designee;

  D. the Commissioner of the Department of Health or designee;

  E. the Commissioner of the Department of Labor or designee;

  F. the Commissioner of the Department of Public Safety or designee; and

  G. the Secretary of the Agency of Digital Services or designee.

  The Chair of the Committee shall be the Secretary of the Agency of Natural Resources or designee.

  II. Committee Support and Authority.

  The Committee shall have the administrative, technical, and legal assistance from the Agency of Natural Resources; Agency of Agriculture, Food and Markets; the Department of Health; the Department of Public Safety; and the Department of Labor. The Committee may obtain additional expertise and resources needed in the review of chemicals pursuant to this process.

  The Committee may develop written procedures, guidance and other resources that are necessary and appropriate to implement this Executive Order. All procedures, guidance, and other resources developed shall be made available to the public.

  The Committee may also hold public meetings to present information, take testimony or discuss and receive input on nominations for chemical review, technical report recommendations or other appropriate topics.

  III. Committee Charge and Process.

  The Committee shall make recommendations to the Governor, after consultation with a citizen advisory panel, to improve overall review and management of regulated and unregulated chemicals in the State and to improve and strengthen recordkeeping and reporting and other regulatory requirements. To meet this charge, the Committee shall:

  A. Convene a citizen advisory panel to provide input and expertise to the Committee. The panel shall consist of persons available to the Committee on an as-needed basis to the provide the following expertise:

  (1) One individual with expertise in toxicology;

  (2) One individual with expertise in environmental health;

  (3) One individual with expertise in maternal and child health;

  (4) One individual with expertise in industrial hygiene or occupational health;

  (5) One individual with expertise in human health and environmental risk assessment;

  (6) One individual with expertise in manufacturing products or processes located in Vermont and subject to Vermont recordkeeping and reporting requirements;

  (7) One individual with expertise in retail sales located in Vermont;

  (8) One individual associated with a small business located in Vermont and subject to Vermont recordkeeping and reporting requirements;

  (9) One individual associated with an academic institution with expertise in chemical management or chemical policy;

  (10) One individual with expertise in environmental law;

  (11) One individual with expertise in public policy, with a focus on chemical policy; and

  (12) One individual with expertise in development and administration of information reporting technology or databases.

  B. Conduct a process to review and make recommendations to improve chemical management through changes to chemical recordkeeping, reporting or other requirements, including any legislative or regulatory changes. That process shall consist of the following steps:

  (1) Nomination of Chemicals for Review.

  Nominations may be made to the Committee to review a chemical, class of chemicals, or grouping of chemicals. Nominations may be made by the Committee, members of the citizens advisory panel, or the public. Nominations shall be submitted in writing to the Committee Chair on a form to be developed by the Committee, and shall include, at a minimum and to the extent available, the following information and any supporting documentation related to the chemical or chemicals that are the subject of the nomination:

  a. use and risk of adverse exposure in the State;

  b. information about the potential hazards or risks;

  c. information related to releases to the environmental media (e.g., air, water, soil);

  d. the extent to which the chemical is regulated by the State, the federal government, and/or other jurisdictions where the purpose of such regulation is to address the risks posed to human health or the environment; and

  e. any other information that the Committee determines is necessary to evaluate a chemical’s use in the State and/or the risks to human health and the environment posed by the chemical in the State.

  (2) Preliminary Committee Determination.

  The Committee shall determine whether the information in a nomination warrants further technical review of the nominated chemical, class of chemicals, or grouping of chemicals. The Committee may require the submission of additional information prior to making a determination. The Committee may prioritize its review of nominations, and may consider the availability of information, Committee resources, and/or other factors that may limit further review of a nomination in its determination.

  (3) Technical Team Review; Report.

  Upon a determination of further technical review, the Committee shall establish a technical team to review the nominated chemical(s) and to make recommendations for changes to legislative or regulatory standards governing use of the chemical(s). The technical team shall consist of Committee members and/or designated Committee member representatives with relevant knowledge and expertise of the nominated chemical(s) including regulation, relevant uses, and/or the risks to human health and the environment posed by the chemical(s). The technical team may obtain additional expertise, as needed.

  The technical team shall summarize its review and any recommendations in a written report. The report shall include the following information related to the chemical(s) nominated for review, as applicable and to the extent available:

  a. Current and/or expected future uses of the chemical, including a summary of estimated quantities of the chemical used, managed, or stored in association with these uses. This shall include a description of any known uses (by type) and amounts used, managed and/or stored in Vermont.

  b. Toxicity information.

  c. Routes of known and potential exposure.

  d. Known and potential impacts to public health and the environment. This shall include impacts to occupational health, public safety, and emergency response readiness.

  e. The status of applicable regulations, advisories, assessments, and/or other applicable information or data, developed by the State.

  f. The status of applicable regulations, advisories, assessments, or other applicable information or data developed by other states, the federal government or other jurisdictions.

  g. Recommendations for the development of legislative, regulatory, guidance or other changes that are appropriate to address risks posed to human health or the environment. Such recommendations may include proposals for the following or a combination thereof:

  i. use reduction and exposure reduction techniques;

  ii. alternatives to use;

  iii. adoption of recordkeeping and/or reporting requirements;

  iv. adoption of technical standards or limitations of use;

  v. additional information or technical review that may be needed;

  vi. no further action;

  vii. any other changes in regulation or policy that may appropriate to address risks posed to human health or the environment posed by the nominated chemical(s).

  h. A description of the potential impact of each recommendation, including impacts to users of the chemical(s) in Vermont, agencies or other entities that have regulatory authority over the chemical(s), and the public.

  (4) Committee Review of Technical Report; Findings.

  The Committee shall review and make findings on a report submitted by a technical team. The Committee may prioritize its review of technical reports, and may consider the availability of information, Committee resources, and/or other factors that may limit review of technical reports. The Committee may obtain additional expertise or require the submission of additional information prior to making findings on a report.

  The Committee may propose additional recommendations, including recommendation for the collection of additional information or for further technical review. The Committee shall issue its findings and a proposal for any additional recommendations in writing. The Committee’s findings shall be submitted to the technical team and the citizens advisory panel and shall be made public.

  (5) Citizens Advisory Panel Review of Committee’s Findings.

  The citizens advisory panel may review the findings of the Committee related to any technical report and may provide written comments to the Committee. The panel shall coordinate the review and submission of comments with the Committee prior to any final Committee action on the report.

  (6) Committee Determination on Technical Report Recommendations

  The Committee shall approve or deny, in whole or in part, any recommendations in a technical report and shall issue a written decision including findings supporting the actions taken. The Committee shall consider any comments submitted by the citizens advisory panel and the public and may address such comments in writing or in the Committee’s written decision. A copy of the Committee’s decision shall be made public and sent to the nominating entity, relevant executive agencies, and any other applicable entities.

  C. Coordinate appropriate State agencies to implement the recommendations in the Committee’s final report. Any recommendation for legislative modifications or any other recommendations shall be submitted to the Governor. A copy of any recommendations shall be submitted to the appropriate committees of jurisdiction of the General Assembly.

  D. Issue a report and make recommendations to the Governor as to any necessary legislative or regulatory actions to reduce risks to Vermonters from unsafe chemicals on December 15, 2020 and biennially thereafter or as needed based on the work of the Committee. Copies of any reports shall be provided to the appropriate committees of jurisdiction of the General Assembly. The report shall include:

  (1) a summary of chemical use in the State based on reported chemical inventories;

  (2) a summary of identified risks to human health and the environment from reported chemical inventories;

  (3) a summary of any change under federal statute or rule affecting the regulation of chemicals in the State; and

  (4) recommended legislative or regulatory action to reduce risks to human health and the environment from regulated and unregulated chemicals of emerging concern.

  IV. Authority of Agencies.

  This Executive Order shall not limit the independent authority of a State agency to promulgate regulations related to the reporting, use, distribution, manufacture or release of chemicals or take other actions under existing State or applicable federal law.

  V. Effective Date.

  This Executive Order shall take effect upon signing and shall supersede and replace Executive Order 13-17 (codified as E.O. No. 10-43).

  Dated March 11, 2019

• Executive Order No. 10-47 (No. 08-19) [Brownfields Economic Revitalization Alliance Program]

  WHEREAS, Vermont’s workforce has declined significantly since the great recession with fewer Vermonters working or looking for work while employers struggle to fill good jobs; and

  WHEREAS, a majority of Vermont’s counties have not returned to pre-recession employment levels; and

  WHEREAS, we must do more to ensure that all of Vermont’s villages, towns, cities and counties have the tools to strengthen their communities and expand economic opportunity; and

  WHEREAS, economic and community development is a high priority for Vermont’s municipalities, employers and Vermonters; and

  WHEREAS, Vermont has a number of abandoned, idled and underused industrial and commercial sites and facilities where redevelopment is difficult because of contamination (referred to as brownfields); and

  WHEREAS, developers report complicated issues involved in brownfield redevelopment projects in areas where development priorities exist (i.e. designated downtowns) — including State and federal regulations and permitting requirements overseen by multiple agencies, in addition to liability, lender requirements and other legal concerns — make them more expensive and complex to pursue and develop; and

  WHEREAS, the Brownfields Economic Revitalization Alliance or “BERA” has successfully utilized technical support and funding from the U.S. Environmental Protection Agency (EPA) for all of its pilot projects to date; and

  WHEREAS, the EPA recognizes the importance of BERA and continues to provide technical support and funding for BERA pilot projects; and

  WHEREAS, the BERA serves an essential function in coordinating and prioritizing the deployment of State and federal resources to assist and guide developers of properties facing environmental and permitting challenges in evaluating, planning, and mitigating hazards; and

  WHEREAS, for Vermont to expand its economy and attract employers, the Governor has identified the need for a coordinated, predictable and transparent process for brownfield redevelopment projects while also protecting public health, safety and the environment; and

  WHEREAS, in order to ensure effective and efficient planning related to hazard and environmental mitigation and permitting related to brownfields redevelopment there is a need for a “one-stop-shop” to assist landowners and developers with accessing State and federal resources, navigating regulations and permitting requirements and planning and coordinating the redevelopment of these properties on behalf of the people of Vermont.

  NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority vested in me as Governor do hereby formally constitute the Brownfields Economic Revitalization Alliance (“BERA”) Program, to coordinate, utilize and deploy all available federal, State, private sector and volunteer and non-governmental agency resources, including funding, in the remediation, permitting and redevelopment coordination of BERA Program designated properties as follows:

  I. BERA Program Governance.

  The BERA Program Executive Committee shall receive, review and act on recommendations from the BERA Working Group to designate new BERA Program projects and review progress on existing BERA Program projects as needed, but not less frequently than semi-annually.

  The BERA Program Executive Committee shall consist of three tiers of members, as follows:

  1. Secretary of the Agency of Commerce and Community Development (ACCD), the Agency of Natural Resources (ANR) and the Agency of Transportation (AOT).

  2. Not more than 12 non-governmental members appointed by the Governor, to include leaders in community planning, environmental remediation, economic development and finance, housing and commercial real estate.

  3. State program members to be identified by the BERA Program Executive Committee, to include program staff from ACCD, AOT, the Department of Environmental Conservation, the Department of Health and the Governor’s Office.

  The BERA Program Executive Committee shall be chaired by the designated representative of the Department of Environmental Conservation Brownfields Program.

  The BERA Program Executive Committee may, in its discretion, consult with federal government representatives, private sector professionals and volunteer and non-governmental organizations for information and advice on best practices.

  The BERA Program Executive Committee shall provide an annual report to the Governor on the status of the Coordinated Project Plans.

  II. BERA Working Groups Charge and Process.

  The BERA Program Executive Committee shall, with respect to each designated redevelopment project, establish BERA Working Groups to support the BERA Program’s mission, drawing membership from any agency or department of State government to participate in and coordinate planning, permitting and remediation activities as part of each brownfield redevelopment project. Any conflicts resulting from these cross-agency designations shall be resolved by the Governor’s Director of Affordability and Economic Growth Initiatives.

  A BERA Working Group shall meet at the call of the BERA Program Executive Committee Chair as needed but not less frequently than quarterly, and consist of program staff from ANR, ACCD and AOT. The focus of BERA Working Groups shall be to identify BERA Project Team members and coordinate site characterization and project permitting and prioritize State and federal funding for remediation and redevelopment activities.

  The BERA Working Groups shall update the BERA Program Executive Committee on each Coordinated Project Plan not less than semi-annually to ensure each identified State governmental participant fulfills and executes its respective responsibilities outlined in the Plan.

  III. BERA Project Teams.

  A BERA Working Group shall designate a “Project Team” for each BERA Project to consist of stakeholders for that project such as State, federal, regional and local entities that can facilitate the successful completion of the designated redevelopment project.

  • Single Point of Contact: The BERA Executive Committee Chair shall appoint a State BERA Project Team Lead from each BERA Working Group dedicated to be the point of contact for a BERA Project Team. The BERA Project Team Lead shall address concerns related to the designated redevelopment project as well as challenges associated with the implementation of the Coordinated Project Plan, including coordination with the federal and State agencies responsible for resources, regulation and permitting and work with other relevant cooperating federal, State and local agencies, private sector professionals and interested third parties as needed.

  • Coordinated Project Plan: Each BERA Project Team Lead shall develop a Coordinated Project Plan (Plan) at the start of each redevelopment project. The Plan shall: 1) list the roles and responsibilities for all entities to provide resources, perform environmental reviews or grant authorizations; 2) discuss a remediation strategy; 3) outline plans and a schedule for outreach, coordination and BERA project completion; 4) set a schedule for coordinated BERA Project Team meetings; 5) identify funding opportunities and gaps; and 6) identify the point at which the BERA project is “complete,” signifying the end of BERA Working Group and BERA Project Team involvement. Assignments within the Plan shall be based on functional capabilities and statutory responsibilities of each member of the BERA Project Team.

  To make the Plan viable and fulfill the mission of the BERA Program, all State governmental participants must execute their assignments when called upon.

  IV. Effective Date.

  This Executive Order shall take effect upon execution and shall expire October 1, 2025, unless extended by the Governor.

  Dated October 9, 2019

• Executive Order No. 10-48 (No. 04-20) [Promoting and Providing Regulatory Certainty for Recreational Trails]

  WHEREAS, Vermont’s landscape of forests, farms and compact downtowns and village centers and their associated outdoor recreation opportunities are major reasons why people visit and live in Vermont; and

  WHEREAS, in Vermont, outdoor recreation accounts for 34,000 direct jobs and $2.5 billion in consumer spending; and

  WHEREAS, our natural, cultural and physical recreation assets can and should be leveraged to sustain, grow and drive economic development in all sectors of Vermont’s economy with particular attention to the segment that includes outdoor recreation industry businesses that are most closely aligned with the State’s outdoor recreation brand; and

  WHEREAS, those recreation assets must be wisely managed and strengthened, not only to grow the economic development potential of this sector, but to sustain and enhance the value of the Vermont brand, the experience of visitors to Vermont and Vermonters’ quality of life; and

  WHEREAS, outdoor recreation is critically important to the physical and mental health and wellness of Vermonters especially during the COVID-19 pandemic through exercise in the Vermont environment in a way that promotes our public health objectives; and

  WHEREAS, Vermont Natural Resources Board Rule 71(A) clarifies that when a property owner authorizes a trail to be located on their property, and an Act 250 permit is required for that trail system, Act 250 jurisdiction only applies to that trail corridor; and

  WHEREAS, the public would benefit from additional clarity with respect to the manner in which recreational trails are regulated through Act 250.

  NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority vested in me as Governor, and in furtherance of promoting outdoor recreation and the rural economy, do hereby order and direct as follows:

  I. The Chair of the NRB shall clarify through guidance or rulemaking:

  A. That the jurisdictional trigger for trails enrolled in the Vermont Trail System is the jurisdictional trigger that applies to the construction of improvements for municipal, county, and state purposes in 10 V.S.A. § 6001(3)(A)(v). (Meaning a VTS trail project will require 10 acres or more of actual land disturbance to trigger Act 250 jurisdiction, regardless the size of the parcel(s) the trail may cross).

  B. That the involved land for determining jurisdiction over trails enrolled in the Vermont Trail System includes only those portions of any tract or tracts of land to be physically altered or upon which construction of improvements will occur as more fully described in Act 250 Rule 2(C)(5)(b). (Meaning land not used as a part of the VTS trail improvements will not be considered when determining whether a VTS trail project triggers Act 250 jurisdiction).

  C. That once Act 250 jurisdiction is triggered, that jurisdiction only extends to the trail corridor and to any area directly or indirectly impacted by the construction, operation, or maintenance of the trail corridor. (Meaning when Act 250 asserts jurisdiction over a VTS trail project, jurisdiction will only apply to the trail corridor and will in no way restrict or encumber lands outside the trail corridor on the parcel(s) the trail may cross).

  II. Recommendations for Future Improvements to Recreational Trail Oversight.

  On or before March 1, 2021, the Commissioner of Forests, Parks, and Recreation shall make recommendations for an alternative, best-management-practices-driven program for the oversight of planning, construction, use, and maintenance of recreational trails in the Vermont Trails System administered by the Agency of Natural Resources. These recommendations should also provide applicants clarity on how recreational trails can be constructed and operated in a manner that does not result in an undue or adverse impact to the human or natural communities where they are located. The report shall include recommendations for revisions to 10 V.S.A. chapter 20, including revisions to mapping, legislative authority to administer the program, potential funding sources, staffing needs, and whether to include other recreational trails. The recommendations should include any proposed changes to legislation to promote the construction and operation of trails in an environmentally protective manner. The Agency of Natural Resources shall consult with stakeholders including the Vermont Trails and Greenways Council in developing recommendations.

  III. Suspension of Proceedings that Address Act 250 Jurisdiction.

  Any executive branch litigant or tribunal shall take all reasonable steps to delay a final decision in any proceeding addressing Act 250 jurisdiction until the steps identified in this Executive Order take effect.

  IV. Effective Date.

  This Executive Order shall take effect upon signing.

  Dated October 5, 2020

• Executive Order No. 10-49 (No. 02-21) [Reorganization of the Natural Resources Board]

  WHEREAS, the Governor, pursuant to the Vermont Constitution Chapter II, Section 3 and 3 V.S.A. Section 2001 and Section 2002, may make such changes in the organization of the Executive Branch or in the assignment of functions among its units as he considers necessary for efficient administration; and

  WHEREAS, the Constitution of Vermont, Chapter II, Section 6 provides that no bill, resolution or other thing which shall have been passed by one house of the General Assembly shall have the effect of or be declared to be a law without the concurrence of the other, ensuring no action by a single house, committee or agent of the General Assembly may be binding on the Executive Branch; and

  WHEREAS, any organizational changes made by the Governor, pursuant to 3 V.S.A. Section 2001 and Section 2002, shall be subject to disapproval by both houses of the General Assembly; and

  WHEREAS, it is desirable to reorganize the agencies, departments and divisions of government by better coordinating certain activities and improving the coordination and effectiveness of services to the public; and

  WHEREAS, Act 250 has operated under the same administrative structure for over fifty years, consisting of District Environmental Commissions (“District Commissions”), administrative tribunals comprised of three volunteer members of the public, operating independently in 9 regions of the State; and

  WHEREAS, from 1970 through 2004, the former Environmental Board oversaw the operations of the District Commissions and established policy precedents across the Act 250 enterprise through the issuance of decisions in appeals of Act 250 permits; and

  WHEREAS, when the Natural Resources Board replaced the Environmental Board in 2004, the Natural Resources Board did not retain its ability to compel consistent application of policy and law across the nine District Commissions through the issuance of decisions in Act 250 appeals; and

  WHEREAS, while Act 250 has served Vermont well, the scope and complexity of environmental, planning, and regulatory issues District Commission must consider has expanded significantly since 1970; and

  WHEREAS, with complex emerging issues such as climate change, the interplay between Act 250 and other state and municipal regulatory programs, demographic challenges, and the growing economic divide between the rural and urban parts of our state, and with a current governance structure that lacks a unifying policy authority across the nine districts, restructuring Act 250 presents an opportunity to maximize natural resource protections, enable well planned growth, increase predictability and reduce redundancy with other state regulatory programs; and

  WHEREAS, a professional Natural Resources Board that decides major cases will have the capacity to consider and manage complex issues now and into the future, and, through their Orders, will establish precedent and policy resulting in the consistent application of Act 250 criteria statewide; and

  WHEREAS, in each proceeding of the restructured Natural Resources Board, two members from the District Commission from the District where the proposed project is located will sit with the Natural Resources Board so regional considerations will continue to inform Act 250 decisions.

  NOW THEREFORE, by virtue of the authority vested in me as Governor by the Constitution of the State of Vermont, Chapter II, Section 3 and Section 20, 3 V.S.A. chapter 41 and 32 V.S.A. § 704a, I, Philip B. Scott, do hereby reorganize the Natural Resources Board and its District Commissions as follows:

  1. As of July 1, 2021, a restructured Natural Resources Board made up of three full-time professional members is hereby created to professionalize and modernize the current governance structure, to unify policy authority across the nine District Commissions, to maximize natural resource protections, to enable well-planned growth, to increase predictability and uniformity and reduce redundancy and inconsistency with other state regulatory programs.

  2. As of July 1, 2021, the Natural Resources Board created in 10 V.S.A. § 6021 consisting of five members appointed by the Governor (the “Original Board”) is hereby abolished and all the duties, responsibilities and authority of the Original Board are hereby transferred to a reconstituted Natural Resources Board made up of three full time professional members as established in Section 3 below.

  3. As of July 1, 2021, the Natural Resources Board shall consist of three full-time professional voting members which shall have all the duties, responsibilities, and authority of the Original Board and such duties, responsibilities and authority as set forth in this Order.

  The members shall include a Chair and two additional members who shall be appointed by the Governor with the advice and consent of the Senate. In making these appointments, the Governor and the Senate shall give consideration to experience, expertise or skills relating to the environment or land use, as well as geographic, gender, ethnic and racial diversity. Following initial appointments, the three members shall serve six-year staggered terms.

  Initial appointments shall be made prior to July 1, 2021. For initial appointments, the Chair shall be appointed to a six-year term, one member shall be appointed to a four-year term and the third member shall be appointed to a two-year term. Each of the three members shall be a full-time employee, exempt from the classified service, serving at the pleasure of the Governor.

  When a particular application comes before the Board, two members from the District Commission from the District where an application being reviewed was located shall become voting members of the Board solely with respect to that matter. The two District Commission members shall be selected by the applicable Chair of the District Commission.

  4. As of July 1, 2021, the authority of each of the District Commissions in 10 V.S.A. § 1084(b), to determine whether a complete application shall be processed as a major application with a required public hearing or a minor application, shall be transferred to the Natural Resources Board, acting without District Commissioners.

  5. As of July 1, 2021, the authority of each of the District Commissions to determine whether to issue an administrative amendment shall be transferred to the Natural Resources Board, acting without District Commissioners.

  6. As of July 1, 2021, all authority of each of the District Commissions in Title 10 relating to any application determined to be a major application or a minor application where a hearing is requested, shall be transferred to the Natural Resources Board.

  7. As of July 1, 2021, the provisions of Title 10 and the rules, policies and procedures of the Natural Resources Board relating to applications determined to be major applications or minor applications where a hearing is requested shall be deemed to refer to and shall be applicable to the Natural Resources Board.

  8. An applicant who has received a Jurisdictional Opinion from a District Coordinator may, within 30 days from the issuance of the opinion, request reconsideration of the Jurisdictional Opinion by the Natural Resources Board, acting without the District Commissioners.

  9. All complete applications filed with a District Commission prior to July 1, 2021 shall remain under the jurisdiction of the applicable District Commission until resolution of the application.

  This Executive Order shall be submitted to the General Assembly pursuant to 3 V.S.A. § 2002. This Executive Order shall take effect on April 15, 2021, unless disapproved by both houses of the General Assembly.

  Dated January 14, 2021.