Boulbol, Greg From: Brooks, Tayt Sent: Wednesday, September 20, 2017 1:28 PM To: Moore, Julie; Tebbetts, Anson; Schirling, Michael; Joe; Tierney, June; Snelling, Diane Cc: Walke, Peter; Brady, Ted; Smith, Kendal; Wilson, Brittney; Gibbs, Jason; Dublois, Hayden Subject: Draft Act 47 Report Attachments: ALL CHANGES 47.docx; ALL CHANGES 47.docx Secretaries, Commissioner and Madam Chair, I want to thank you and your staff again for all the fine work and energy you have dedicated thus far on the draft Act 47 report. The senior staff has reviewed the draft and attached are some suggestions and thoughts that we think will strengthen the report and build upon the good work already done. Please review this with your teams. From a high level the suggestions we have made: Adjusted the intro to include the nice language captured in the new Act 250 Brochure Added remarks about Act 250 from Dean Davis that captures the spirt ofthe law Added Demographic language to put in context the challenges we face Added language to look at permitting/regulation holistically Recommended Changes for Act 250 dealing with climate should come from Climate Commission Highlight Tour Highlight Priority Housing (5.135) Slimmed down Agency Overviews Clarified and strengthened priorities and jurisdiction sections Added recommendations to Process improvement Added a separate section on Appeals Added 3 exhibits. I?m available to assist you and your staff on answering any questions. We would like your feedback and further suggested changes by COB Friday September 29th. Please let me know if you have any questions. Thanks again for your important work on this. Tayt R. Brooks Director of Affordability and Economic Initiatives Office of Governor Phil Scott li .a - n? . State of Vermont P. 802.828.1350 qovemorvermontqov l3 Report to: The Act 47 Commission on Act 250 September 8, 201 7 Page] 1 REPORT To: The Act 47 Commission on Act 250: The Next 50 Years Senator Campion, Senator Pearson, Senator McCormack, Representative Deen, Representative Lefebvre, and Representative Sheldon From: Executive Branch Working Group Steering Committee: Julie Moore - Ted Brady Secretary, Agency of Natural Resources Deputy Secretary, Agency of Commerce 8; Peter Walke Community Development Deputy Secretary, Agency of Natural Resources Joe Anson Tebbettg Secretary, Agency of Transportation Secretary, Agency ongriculture Food June Tierney Markets Commissioner, Public Service Department Michael Schirling - Diane Smelling Secretary, Agency of Commerce Community Chair, Natural Resources Board Development Senior Staff Working Group Advisory Committee Billy Coster - Joe Segale Director, Policy and Planning Director, Policy and Planning Research Agency of Natural Resources Bureau Chris Cochran Agency of Transportation Director, Community Planning Revitalization - Dan Potter Agency of Commerce Community Energy Policy and Program Analyst Development Public Service Department Stephanie Smith - Greg Boulbol Land Use Chief General Counsel Agency ongriculture Food 8: Markets Natural Resources Board/Act 250 Diane Bothfeld - Laura Trieschmann Director, Administrative Services, IV 8; Dairy State Historic Preservation Of?cer Policy Agency of Commerce 8; Community Agency ongriculture Food Markets Development Neil Kamman - Dale Azaria Senior Policy Advisor General Counsel Agency of Natural Resources Agency of Commerce Community Michele Boomhower Director, Policy Planning lntermodal - Donna Barlow Casey Development Executive Director Agency of Transportation Natural Resources Board/Act 250 Dan Dutcher Senior Environmental Policy Analyst Agency ofTransportation Report to: The Act 47 Commission on Act250 September 8, 201 7 Page 2 int it n: WThe Natural Resources Board?s elonuentlv states in their recent #314450 brochure; Formatted: Font: Italic Ie . . I "Protection Vermont?s environmental intearitv and promotion economic prosperity benefits Formatted: Font: Italic everyone. For almost fifty years; Act 250 has helped Vermont retoinits unsurpassed scenic qualities while undemoin orowrh. The future will certainly brine new challenoesaand Act 250 will continue to adapt. by workino collaboratively with all citizens to preserve Vermontscenic beauty in alignment with the - store?s economic goals. Formatted: Font: Not Bold, Italic, No underline 47 mmiin - Yr Pursuant to Act 47: Sec.1 an Executive Branch ?working ?group has been established as follows: Executive Branch working group. Contemporaneously with the consideration of this act by the General Assembly, the Chair of the Natural Resources Board (NRB) has convened a working group on Act 250 to include the NRB and the Agencies of Commerce and Community DeveIOpment and of Natural Resources, with assistance from the Agencies of Agriculture Food and Markets and of Transportation. The working group intends to make recommendations during October 2017. The General Assembly intends that the Commission established by this act receive and consider information and recommendations offered by the working group convened by the Chair of the NRB. The Executive Branch WorkiWGroup presents its Report for the Commission's review, and emphasizes that we support the purpose of the- Actaet. The purpose is as follows: Report to: The Act 47 Commission on Act250 September 8, 201 7 Page] 3 Purpose. The General Assembly establishes a Commission on Act 250: the Next 50 Years (the Commission] and intends that the Commission review the vision for Act 250 adopted in the 19703 and its implementation with the objective of ensuring that over the next 50 years Act 250 supports Vermont?s economic, environmental and land use planning goals. [Section Governor Phil Scott values the Eseeat?ve?Braneh?Working Group's effort to carefully consider long-term goals for Act 250, and all state permits. The Governor has created the initiatives that follow Wbasegl on his to improving the permitting process while contimiiniy to andprotect the environment. It is critical to strike the right balance between our values and the need to grow iobs and the economy. He . .The Govt-"mar appreciates and agrees with the eoals and outcomes of Act ESQ?what we are looking to do is imorove the process. LFConsiderine demographic trends that indicate each (lav Vermont has annroxiniatelv six fewer workers in the workforce. three fewer children inour schools. and one babv born addicted to opiates .the Governor believes there is an urgent need to grow Wthe economy and make Vermont more affordable. Revisiting and modernizing Act 250 plays a key role in both of these objectives. illheeghthil gym-Sims whinging? Emmet and} . an?eewntewnsrAs a small state, investing in planning that supports current infrastructure and our rural landscape is Formatted: Not Highlight The Working Group encourages the Commission to take a holistic View of Act 250 in of a broa fram work of revulator mechanisms the exist. At times. Act 250 can be biained for problems that actuailv are tied with other required localail xaminin . 1. I I environment. There are other tools that exist. and it is essential to aonmach this process with a nersnective that examines the picture of ?how? and "whv" we reguiate to achieve certain eoais. This i nevitahlv reouires a wide-reaching perspective. which examines all the toolkits which move us toward ensuring sustainable economic deveionment while preserving our environment. Formatted: Not Highlight As Governor Deane Davis said in 1970. "Ask the average Vermonter what kind oi?Vermont he wants in 1980 or 1990. I believe he wiil tell vou that while he wants eood economic Opportunities for his children. good schools. good hiehwavs and an onnortunitv to live his own life he will then tell vou that the things he cherishes more than anvthine else are those sights which we see. aimost dailv herein oor Green Mountains?the deer nievine in the field. the beautiful (:ouutrvside we see as we ride the interstate between Montpelier and Report to: The Act 47 Commission on Act250 September 8, 201 7 Page] 4- Burlington. the beau tiful ride down the West River from iamaica to Brattlehoro. the view of the Green Mountain skvline from Morrisville or [chosen or the View of Lake Memnhremaeoa when the sun comes no in the morning and Lake Champlain when it sets 0' ?n i 2 ?These are the things that bring Vermonters back home after thev have seen other parts of the world The question is. mv friends. can we preserve it? Do we have the will to go about oreservina it? Can we have economic growth without destroving the other part of our dream-the Dastoral scene?" While these words stiil ring true. throughout the process of examining Act 250. we also would encourage the Commission to hear in mind the differing economic climates and contexts that existed in 1970mwhen Act 250 was first inmlenientedwand todav. Act 250 was initially massed in nart as a response to concerns regarding overdevelooment. as weii as the potential degradation and displacement of Vermont's natural environment. Du ring this time. the State?s nonulation was steadth growing. and existing laws that ensured deveiooment occurred in a Sustainahie manner were weak. For example. the average Vermont oonuiation growth rate in the 19705 was 1.3 2% annuallv. in contrast,Vermontsuggests that Vermont?s imputation declined in 2016 hv 1.494. or 0.24%. This is the second largest ventilation decline in the onlv bv West Virginia. Vermont's population also declined overall from 2911 to Meanwhile. Wwe have. strong safeguards to ensure sustainable develooment and the protection of our natural resources and environmental baa um While= MW :maintainine the important stewardshio that 0. a important to bear in mind the more desoerate economic and demographic climate that exists todav when considering reforms. nulation todav is linin an a in lavin .. A .o - During the 2016 Camnnigu. the Governor promised to identifv and fix bottlenecks in the )ermi tine 1 al - - - . whieh?tethe Administration is using to anoroach this challenge are outiined in this report. are several efforts underway among results of which complement the goals of the Act 47 Commission?due to three Executive girders. -These efforts merit mention to raise awareness and facilitate the work of the Commission. First, through the Governor's Program to Improve Vermont Outcomes Together (PIVOT), systems of continuous improvement are increasing ef?ciency, effectiveness, and accountability throughout state government. Targeted Action Plans are underway across sState gGovernment aimed at promoting ef?ciency and eliminating unnecessary redundancy. Specific examples of interest to the Commission include the development of a Wrasse Net Weight {?lmmakmomigiight l_formatted: Not Highlight . 1 Formatted: Not Highlight 7 iro.rnaetsed= Not Hiabist?f- - Report to: The Act 47 Commission on Act250 September 8, 2017 Page] 5 unified environmental permitting entry point for applicants of ANR permits, public transparency for clean water pollution control projects, and coordinated ?state response to applicants on primary ag soils and other environmental permits. The Governor's commitment to outdoor recreation is evidenced by ofjune 20, 2017. The Executive Order establishes the Vermont Outdoor Recreation Economic Collaborative (VOREC) and encourages the construction of ?rst-class biking and hiking trails statewide. The project seeks to create a dynamism of health and the outdoors, and cultivate a solid public/private partnership with a committed volunteer organizatioan ?state revenues through better; organization of the outdoor recreation cluster which will lead to increased destination touris The Governor's recent Executive Order #12-17, July 20, 2017 created the Vermont Climate Action Commission to develop specific strategies to reduce greenhouse gases from all sectors of the economy. the Vermont Climate Action Commission is not directly tied to Act 47, the COmmission's review ofthe Act 250 criteria could include better I responses to climate change challenges: The Vermont Climate Action (.Iommission will Formatted; Not Highlight communicate anvrecominendalzions to the Art. 47 Commission. 47 specifically 7m ?hi7 7 charges the Aet?4-1Commission to "seek to understand, with the context of the criterion of Act 250, the impacts of climate change on infrastructure, development, and recreation within the State, and methods to incorporate strategies that reduce greenhouse gas emissions." All agencies anticipate a productive discussion on the possible actions. Either notable steps include a recent "listening tour? by the Agency of Natural Resources i Commented Have ANR input their keyfindings i ANRl?with AWNRB Chair Diane Smelling. ANR Secretarv luiie Moore. and ANR Denutv nothigi?g?siwing- a} Secretary Peter Walkemras Well as ongoing examination of how to consoiidaie Formatted: Not Highlight i reguiatorv structures through administrative routes. Furthermore, the Administration has been working to implement the positive changes to Priority Housing l?roivrts li?lil?si made in Act specifically as it relates to exemptions from certain Art 250 review under soorii'ir l_rummaging?ghligmw? A conditions and circumstances. i Commented Have ACCD input the outcomes they ?3 i. hope to achieve. These important initiatives, among others, represent the approach to better government i Formatted: Not Highlight 3 that all Aagencies and Ddepartments are currently implementing. Ell-8rionendeffeeti-veness; The Qgroup met Wiieemesseven times to consider Formatted: Not Highlight recommendations to the Commission. We acknowledge that the goals ofthe legislation are a I 7 7' comprehensive and will require signi?cant work over time by the Commission. The Aedministration also recognizes that we will continue to participate in this important endeavor as members of the Advisory Group. Report to: The Act 47 Commission on Act 250 September 8, 2017 Page] 6 The following is a brief summary of how each Aagency of the ?group currently interacts with Act 250 and the approaches already in progress to strengthen the environmental review process. 1W Act 250 was created in 1970 to guide development and protect the environment as a statewide land use regulatory system when was steadiiv increasing durinw migration patterns awav from urhan centers to more rural centers. Permits are issued after review according to a set of criteria that consider adverse impacts to the environment, the landscape, traditional settlement patterns, and the people. The Natural Resources Board [NRBl/Aet??g?zhas a valuable perspective on development that is informed across many projects by seeing the cumulative benefits and impacts to Vermont This big picture perspective, integrated with partner Aagencies' input, insures careful growth that not only considers complex scientific, engineering, and infrastructure issues, but, also honors local characteristics and the deep emotional connections of residents to their communitiesregulatory system, Act 250 works best in collaboration with planning. With over 29,000 permits issued over 47 years, the NRB has not Only protected Vermont?s environment, but also touched every community in the sState. The system has helped towns preserve their unique characteristics and collectively foster distinctive communities with a strong sense of place. The NRB administers Act 250 through a staff of 10 District Coordinators who assist approximately 60 local volunteers, who serve on the 9 District Environmental Commissions to issue permits. The RB promulgates procedural and interpretive Rules, and advocates in the Superior Court?Environmental Division. the?m meet?W esteem 50? medal." seam em eat . Report to: The Act 47 Commission an Act 250 September 8, 201 7 Page] 7 With a broad mission and a decentralized staff, the benefits from all efforts to improve effectiveness and efficiency. Recently, the has focused significant energy on self-improvement starting with a week-long Lean event held in December of 2015, in consultation with and other stakeholders. ANR routinely participates in review of Act 250 permit applications via pre-application project reviews and via direct testimony to District Commissions. During the Lean event, the application process was diagrammed, and some problematic areas were identified, along with opportunities for improvement. The NRB is implementing the strategic plan developed at that time to continue the improvements. Moreover, new management strategies have improved consistency and predictability for permitting a? Ari statewide._For exam plc. the sharing of District Coordinator resources across districts has Formatted: Not Highlight inmroved the overall efficiency of the permitting processworking on enhancing outreach and education-694W For example, we have recently re-designed the Board?s website, and will Field Code Changed soon have a new Act 250 information brochure. We acknowledge that i?t?i'he website helps "w the NRB achieve its goal of- a responsive system that?s fair, consistent and predictable to have informed applicants, who are able to effectively participate in the process with an increased understanding of the requirements and with realistic expectationsgiai?t?r ?Iq'Niall-$195 tween; ?vEESf-a E-inFvixlEa *Iligl?i Report to: The Act 47 Commission an Act 250 September 8, 201 7 Page aeFeasthe?StateelLXLeemene The our role as a critical component ofbalancing the needs oflocal economies for continued insuring that development occurs in a sustainable manner. We acknowledge the need for new-reviewuwi thin-onrreviewing our ten criteria, and look for expert advice and robust discussion by the Commission on this topic. aeiapiatie bi Hey?aawemeeae ti have the ability to engage in productive conversation at a local level for how best to integrate the latest knowledge from our partners, where to preserve important natural resource features to protect COmmunitieS and support growth effeet??wekawgesin our economy which will (real 9 more for Vermonters. an ongoing priority for the is to configure its data to the needs of applicants and administrative accountability. A current IT project will create a fully active online application process, and the capacity for cross-database status reports, by December 2018. Governor Scott has encouraged this necessary infrastructure improvement, and created a top IT Leadership Team to design the sophisticated interface across databases. 2. eA nc ofN lResourc The Agency of Natural Resources (Agency), is party to any Act 250 proceeding that involves impacts to air, water, wildlife habitat, land use and the natural environment, which is typically any application ?led with a District Commission. The Agency provides comments, recommendations and proposed permit conditions under more than half of Act 250's criteria and sub criteria, and is the most active Estate Aagency participant in the Act 250 process. The Agency consists of three departments, Environmental Conservation, Fish and Wildlife, and Forest, Parks and Recreation; technical staff and scientists from all three departments review Act 250 applications and work with the Agency's Planning Office to compile Agency comments and provide District Commissions evidence as to whether a project is in 7 7 77 conformance with the Beyond role as a party, Formatted: Not Highlight Report to: The Act 47 Commission on Act250 September 8, 201 7 Page 9 Act 250 District Commissions may also request technical assistance from Agency staff on specific natural resource issues, per Rule 201. Prior to the formal submittal of an Act 250 application, Agency staff often provide technical assistance to potential Act 250 applicants by attending site visits, reviewing draft plans and providing guidance on how projects may be configured to comply with Act 250?s environmental criteria. On larger projects, Agency staff may work for over a year with an applicant to assess and resolve natural resource issues prior to the actual submission of an Act 250 permit application. This work consumes significant staff resources, but the Agency sees support for Act 250 as mission critical, and prioritizes involvement notwithstanding the associated workload. Projects that require an Act 250 permit, often must also obtain a number of environmental permits from the Agency, such as state wetlands, stormwater and air permits. Some of these permits provide a rebuttable presumption of compliance for certain Act 250 criteria, per NRB Rule however, as Agency programs have expanded and evolved over the years, their relationship to the Act 250 criteria has shifted in some instances. As detailed further below, the Agency?s top priority for the Act 47 process is to better align Act 250 with existing Agency permit programs and to reduce redundant review where appropriate. In addition to reviewing Act 250 applications, also at times an applicant or co-applicant. -The Agency manages many state parks, forests and wildlife management areas across the state and regularly obtains Act 250 permits for projects at those locations. Several ofthe state's largest ski areas also lease state forest or park land, so the Agency is a co-applicant for major development projects at those locations. An important role played by the Agency is to coordinate with throughout the application process. The Agency?s Planning Office serves as a liaison with the NRB and meets regularly with NRB staff and leadership to discuss evolving policy, project and appeal-related issues. ?Tina has included 3531:] addendum to this i?epori the {immersing} time oi an application 1 Formatted: Not Highlight lW district. the number nl appeals (ifz-ii?iilC?il?lDii decisions and the ilVl?i?HPG time. to resolve ?7 7 these anneaisgim?l the number otaimeals of jurisdictional opinions and the average 52:1,! ,1 .1, Commented Complete the exhibit Formatted: Not Highlight Finally, given the overlap between many Act 250 criteria and Agency permits, the Agency is often involved in appeals of Act 250 permits since those appeals are often on environmental grounds and thus implicate permits issued by the Agency. B-W 1 10 V.S.A. ?6024 Report to: The Act 47 Commission on Act 250 September 8, 2017 Page I 10 Aacncv of Commerce and (Son?innmiiv Develomuent is focused on-gmwinp our economv. facilitating job creation, and supporting vibrant and res ties armies-a a rice mimmi-tiesthraagh?mwk?eianem ACCD hears from its economic development partners that Act 250 could be modernized in a variety of ways, including but not limited to: Makinge the process easier to navigate. 0 Ensurnrge that both process and outcomes are more predictable. - incentives for projects in areas designated for development while enhancing and focusing efforts to protect critical landscapes. 0 Better aligning criteria with ?state rules, definitions, and permit programs and eliminate redundancy with other state permitting processes. 0 Review and improve the appeals process. ACCD is working with other Estate agencies to develop a formal process for the initial contact with permit applicants, regardless of where or how the permit applicant enters the permitting system (through the; ANR, other ?Htate Aagency, or municipal permitting process). This initiative is being coordinated as part of the Governor?s Program to Improve Vermont Outcomes Together (PIVOT). ACCD manages the state designation programs CentershNew Town Centers?and Neighborhood Development Areas? These programs work together to provide incentives, align policies and give communities the technical assistance needed to encourage new development and redevelopment in our compact, designated areas. The program?s incentives include exemption from Act 250 for certain mixed income housing projects and a simplified Act 250 process for any development in a designated downtown. Developments in certain designated areas are also eligible for reduced Act 250 permitting fees. These exemptions and alternative procedures are justified by robust local land use planning and permitting that is required to obtain the designation. Ger-mu one in evaluate-1g in Set-tlem-ei-it?laittemsa Division for Historic Preservation participates in the Act 250 process by providing comments to the District Commissions and working with Act 250 applicants to ensure that development will not have an undue adverse impact on historic resources. The Division for Historic Preservation is also asked to participate in Act 250 enforcement proceedings when the Act 250 enforcement office is concern that 23313.3; era-ijeet?j-has not complied with criterion 8 [historic sites). Unlike most other State Agencies Formatted: Not Highlight Formatted: No underline Formatted: No underline Formatted: No underline lfierld?code changed 59159939hesgei F?rm91tetliUnveiling ,7 7 IiFatalities";nderiae 1* lii?l?edecmnsew . Formatted: No underline Formatted: No underline ,Eie'?sede Cheese. Formatted: No underline Report to: The Act 47 Commission on Act 250 September 8, 201 7 Page] 11 that provide comments on Act 250 proceedings, the Division for Historic Preservation does not have a separate permitting process, making the Act 250 process important to some historic preservation efforts. 4-W The Agency ongriculture, Food Markets is party to Act 250 proceedings. Through a single fulltime employee, the Agency provides analysis, comments, and proposed permit conditions for the protection of soils that qualify as "primary agricultural soils" as outlined in the law and considered under Criterion The District Commission considers the input from the AAFM and may incorporate into the issued land use permit. Act 250, is the only permitting program in state government that protects farmland from When primary agricultural soils are present on the site of development, district coordinators encourage applicants to contact AAFM directly for a review prior to submission of a complete application to the District Environmental Commission. land?fw?the p-mlpeses wiil?bea ehiev ?mi-teem le?Hl andr??wg?17AAFM review primarily consists of commenting on whether the site of development contains soils that meet the definition of ?primary agricultural soils", and, if yes, analysis of the direct and indirect impacts to the soils and required mitigation for the impacts. Analysis and comments are shared with the district commission, which ultimately makes the decision. -While many applicants do contact the AAFM before submitting an Act 250 application for development on primary agricultural soils, not all do. -In these instances, to ensure that impacts to soils considered, the AAFM may file a notice of appearance and a request for a hearing to adequately address the criterion. The AAFM also coordinates with staff throughout the application process, alerts the Deistrict Ceoordinators to changes in its procedures due to changes in the law; to increase efficiencies in the review process, to discuss evolving issues or policies, and share information regarding the protection conservation of primary agricultural soils achieved through the Act 250 permitting process. The AAFM staff also work with the NRB to resolve Violations resulting from failure to obtain permits or meet permit conditions relative to primary agricultural soils. The AFFM must coordinate with other state agencies on AQAGTQSO criteria and external tjstate permits that may intersect with primary agricultural soils within a proposed development. This is an area that has been brought to the attention of the Aagency by applicants as needing more coordination and to have "the State? to speak as one on the impact to soils. Report to: The Act 47 Commission on Act250 September 8, 201 7 Page] 12 Farming, which requires a large land base and is currently exempt from Act 250 review, makes up a portion of the state's rural economy. It is important to note that offsite mitigation, which can be a condition of development, is part of the portfolio of funding that conserves Vermont's working landscape, and supports access to farmland by existing and new/beginning farm operators. Vermont?s rural landscape including those lands occupied by the agricultural industry also supports other economic sectors, and lends to the quality of life that makes Vermont 3 great place to live and work. Aeeucv of?l?ransnortatiou The KleeneiwAgency of Transportation [VTrans or AOT) plans, develops, implements, and manages Vermont's statewide transportation network, including roads, bridges, railroads, airports, park-and-rides, bicycle and pedestrian facilities, and public transportation facilities and services. VTrans offers District Commissions expert testimony regarding Criterion 5, transportation. VTrans also alerts District Commissions as to what type ofimpacts, if any, a proposed project may have with respect to Vermont's transportation system, generally. If any such impacts are noted, VTrans will offer the District Commission thoughts as to the appropriate level of mitigation. Further, VTrans works with the District COmmissions on issues relating to transportation- impact feespathoM??l??l?QH. In addition, VTrans works with the District Commissions to ensure that Act 250 permits are consistent with right-of?way access permits that VTrans may issue for a e?tl-zeMamra?Len {mriformi traffiet?er?rtm VTrans is also an applicant in Act 250 proceedings. In this role, VTrans supplies project proposals to the District Commissions for their review. VTrans and the NRB have an MOU, which is currently being updated, to coordinate various issues between the agencies. The transportation projects for which VTrans is responsible are typically constructed with federal aid, which is administered by the Federal Highway Administration (FHWA), the Federal Aviation Administration, or other federal agencies. Federal aid subjects these projects to a breadth of federal environmental nchateefox-vl?relh gesand?jm-bli eons Hint-in gwatess- G'f'l-ll eltlni-teel?Statesges eet i one 9 a 0 th e-Riversan d?ElazdaorsAet; es?and?th ei ela-ahi-Huseseeti Report to: The Act 47 Commission on Act 250 September 8, 201 7 Page 13 Numerous state laws may apply to federal-aid projects, including laws governing wetlands, operational and construction stormwater discharges, stream alterations, hazardous material disposal, historic preservation, and endangered species. Federal-aid transportation projects are subject to extensive planning requirements, which include the opportunity for public input. The many state and federal regulatory programs that now robustly protect the environment from transportation projects did not exist or existed only in nascent form when Act 250 was originally enacted in 1970. Vii-Fans?quest?i0ins-?egnesmm whether Act 250 significantly protects the environment from transportation and other projects that are already comprehensively governed by state and federal regulations. The Commission may therefore wish to consider whether Vermont?s federal-aid transportation systems, and possibly other federal-aid facilities, require Act 250 review. To the extent Act 250 adds significant environmental protection to federal-aid projects that other state and federal programs do not or could not cover themselves, VTrans could be subject to limited Act 250 jurisdiction or address these matters through programmatic agreements with other state agencies. The transportation network could comprise another designated area under Act 250, subject to limited or no Act 250 controls. Priorities: The Group recommends that the Commission prioritize actions that will the State?s ability to maintain our scenic beauty and ecological integrity, while promoting a prOSperous economy economic growth in the working landscape of farms and forests. It is still early in the Act 47 Commission review process. However, given the potential breath of topics related to Act 250, we offer a suite of key considerations that may provide a general framework for the future. We see the following as a starting point that will develop into more detailed proposals as this process continues. Considerations are gathered into the following categories: jurisdiction, criteria, and?process and Ir.l.. We recommend that current Act 250 jurisdictional thresholds remain in place for projects not defined in the Report to: The Act 47 Commission an Act 250 September 8, 201 7 Page] 14 An Act 250 permit is not required for every development within the state only for those that meet certain jurisdictional thresholds based on size, use, location, and environmental impact- The purpose of Act 250's jurisdictional threshold is to focus Act 250 review on projects that have the greatest potential for significant impact due to their size or scope, or where other forms of adequate regulatory review do not exist [such as towns with no zoning). Over the years, the jurisdictional thresholds have been modified to respond to changing circumstances and concerns, while continually adhering to the State?s land use goal of compact village and urban centers separated by rural We?teemnm en d?tha we in tie ietie-i?ialasrtiai-etwe adveeseimeac?t?aa re wheelie State Designated Centers: Municipalities may obtain state designated status for downtowns, Villages, growth centers and several other discrete areas where future growth is planned for and anticipated. -The designation process reviews municipal bylaws and the capacity of a town to regulate the growth and development anticipated in these areas. Most designated centers are developed areas, and therefore the potential for adverse impacts on natural resources may be less in these areas than in other parts ofthe state. Therefore, we recommend that any modernization ofAct 250 jurisdiction adjust jurisdiction in state designated centers where sufficient local planning, bylaws and capacity exist to administer effective natural resource protections at the local level. -In determining the appropriate level ofAct 250 jurisdiction within designated centers, we recommend the Commission consider: 0 projects from Act jurisdiction in i Formatted: Not Highlight designated The current standards for designation and whether the current process and/or requirements are suf?cient to ensure municipalities have the tools and resources to administer effective, local land use regulatory protections. - The appropriateness of Laggingagricultural soil mitigation fees for projects in state designated Hate?locatie Highlight, i Formatted: Not Highlight Landscapes with Unique Resource Values: At the other end ofthe land use spectrum from state designated centers are landscapes, which contain areas of particularly unique natural resource value where the potential for adverse natural resource impacts are high. Their unique ecological function or the lack of other regulatory protections makes them a priority for Act 250 review. These areas include high value forest blocks, high value connectivity habitat and contiguous blocks of prime agricultural Formatted: Not Highlight, Report to: The Act 47 Commission an Act 250 September 8, 201 7 Page 15 We recommend that any modernization ofAct 250 jurisdiction afford adequate Act 250 review of these highly sensitive areas and that the Commission consider whether these areas can be clearly defined and jurisdiction adjusted accordingly therein. Federal-Aid Transportation Projects: We recommend that the Commission consider minimizing Act 250 jurisdiction for federal- aid transportation projects that are already subject to extensive federal permitting and review. Given the robust level of regulatory review performed at the state and federal level for these projects, the Commission should consider the additional protection that Act 250 offers these projects and whether jurisdiction should be adjusted accordingly. C.. The "10 Criteria? ofAct 250 frame our land use and development decisions. li-sheu-idbe reeiew-ei?eneimmnentaia ripen-plenum Uverrtheyeaislj l_ gr, through various amendments, the NRB now administers approximately 32 criteria and sub-criteria. Over the same period a number of additional state land use regulatory programs have been created by the Legislature2 and those programs issue permits that may involve reviews similar to those conducted under Act 250's various criteria. In order to modernize and maximize Act 250's ability to provide additive value to the state's regulatory landscape, we offer the following recommendations: Alignment with Other State and Lace! Regulations Erogmms: We recommend that the Commission examine areas where Act 250 criteria overlap or deviate with other state regulatory programs to better align the criteria with state rules, definitions, and permit programs. By doing so, the overall regulatory process could be more effective and Act 250 review could focus primarily on the areas that add value. Exhibit #12 illustrates the signi?cant overlap in tin) process. We recommend the Commission consider areas where review under Act 250 and other state permit programs seem to overlap and examine how to best clarify authority. -For example, ANR permits could provide dispositive evidence for compliance with some or all elements of relevant Act 250 criteria or other permitting programs could be modified as may be necessary to ensure sufficient environmental protection. Criteria that are currently remiinted bv existing ANR permits?winost notably within the of Environmental (filiCl?mav be. redundant and therefore should be consolidated under one regiizrimy structure. 2 A list ofthe state regulatory programs established since Act 250 was established is found in Appendix A. Report to: The Act 47 Commission on Act 250 September 8, 201 7 Page/ 16 We recommend the development of model locai nlanning and zoning bylaws. Not only will these model bylaws incentivize the protection of state interests at the local level and promote consistency of regulations, but they will aiso create onoortunities for consolidated oermitting routes down the road. For example. we believe it is worth cxnlorine whether economic development nroiocts in communities which have adonted model bylaws should have expedited Act 250 review, or alternatively. be exempt from certain criteria. We anticipate that this proposal will encourage productive conversations moving forward. Modern Criteria: The modernization of criteria should also enable Act 250 to consider new impacts not contemplated when the original criteria were established. Therefore, we recommend the Commission_review the existing criteria to determine its present-day relevance. Currently. 52.91% ofall deveionahle Iands in the state are constrained in a manner which restricts or limits Fiw?gaj?mgays?. ?ragmem?ien? pat 3mm?:qu .Qne ch 3 ?cad grailth if.? the?state. Farm and Forest Products: While still very traditional Vermont sectors, the processing of farm and forest products has evolved greatly over the past 47 years and more and more of these facilities are triggering review under Act 250. Any modernization of Act 250 criteria should also recognize that the value-added processing of farm and forest commodities into higher cost consumer goods is critical for rural economic growth and maintenance of a viable working landscape. These enterprises by necessity are typically located outside of state designated centers, so we recommend the Commission explore strategies to assist these businesses in navigating Act 250?s permitting framework, such as options for expedited permitting, the conditional waiver of certain jurisdictional triggers or criteria, development of standards and procedures that re?ect the inherent contribution of this sector to preservation of Vermont's working landscape, or other approaches that support the sector in navigating the permitting process. Process - .llizsiiv 'iarhutthepetentmlereatimiaif reawgnizeaitematiw?wsae Formatted: Not Highlight 7 I lrformatted: Not 7 Formatted: VNiothrighlright FormattediNot Highlight 7 Report to: The Act 47 Commission on Act250 September 8, 2017 Page] 17 mmwomn?immemmeeWmmiemm The administration has worked to improve the Act 250 process throueh a varietv of 7 - mechanisms. For exanmie. the NR8 is utilizing a new Act 250 brochure that is intended to Am ?Md simolv the process for applicants. {See Exhibit #1321 Listed belowBeiow are additional Formatted: Not Highlight reconmiendations to improve the overall Act 250 orocess. Provide better coordination between Act 250 and state permitting processes. 2. communicatio en the NRB and District. Coardina 'ors )rim' to issuing ofiurisdictional Opinions in order to ensure that decisions are consistent both across districts as weil as with existing nrecedents or administrative priorities. 3. Expand permit specialist assistance to guide and support applicants with the permitting process. 4. Clarify Sequencing of permits to avoid, to the extent possible, conflicting mitigation requirements. 5. Explore ways to improve consistency in decision-making across the various Act 250 Districts, in terms of process, jurisdictional opinions, application of criteria, and decisions. 6. Improve quality and completeness of application materials. [These are likely administrative actions, but the Commission should be aware of our work in this areaJ >3 WEducation and outreach [in multiple formats and to multiple audiences) how to navigate the Act 250 process: jurisdictional triggers, participation, expedited routes i in designated areas! application requirements, expectations and timeframes, and compliance with existing Act 250 permit conditions, etc. Report to: The Act 47 Commission on Act250 September 8, 201 7 Page] 18 8. Adam 01199: the record review for anpeals to the Environmentai Division of the Formatted: Not Highlight Superior Court. as an aiternative to the existing De Nova reviem Formatted: Font: Italic . 1m v= er or crit ria. lFormatted: Not Highlight 1 Snecificailv. we recommend that decisions on maior permits be made within three months ofaoniication. and minor hermit decisions be made within four weeks 11. Have reconsiderations of lurisdictional Opinions be reviewed by the NRB rather than hv the District Coordinator who issued the Opinion. l: Formatted: _l_rlt_jent: Left: No bullets o?rrnomheringj WIS lFormatted: Font: Bold, Underline We recoenize the svstem of appeals. and the time for cases to be heard bv the - Environmental Division of Suoei'ior Court. can he review a referm. Aet 47 eeks the Lemmiesien te ggmpe re the ete?stl?es [er pneale over the last 20 That data will he previgled 1 There is a concern and need to ?nd a better balance between the rights of neighbors and their canacitv to delav oroiects for tacticai rather than substantive reasons. Act 250 was en the ene hand. and the desire fez gensieteney and ef?eiency en the ether. Furthermere. ll that are inconsietent with the soirit. intent, and often the requirements ofAct 250. Fer res'isgns. we haye listed the feilgyying regerding the egpee ie I Formatted: List Paragraph, Numbered Level: 1 Numbering Style: 1,2, 3, Start at: 1 Alignment: Left Aligned at: 0.25" Indent etzm 2. Modifv existinestatute to so that in the event of an anneal that is disrnissed due to an appellant's lack of oartv status {due in hart to being a market comoetitorl the appellant would then be reenonsible for reimbursing the aoniicant for anv leeai fees incurred during the appeals process. 3. Snecifv a clear. consistent timeline for Motions to Dismiss filed in to an eppeal. 4. increase the number of iudees in the Environmental Division of the Superior Court. Report to: The Act 47 Commission on Act 250 September 8, 201 7 Page] 19 "1 Conclusion This Report is a starting point for the Act 47 Commission and the administration of Governor Phil Scott to discuss how Act 250 can be strengthened and modified to uphold our Vermont values in a changing world. For almost fifty years Act 250 has protected Vermont's quality of life, environmental resources, and economic opportunities. Together, the Liegislature, the Aadministration and Vermonters, must plan for a sustainable future through wise stewardship and smart growth. Given the time-sensitive trends cited in this report. we recommend that the Commission move and act with a degree ofiiz'gencv on this issue. As members ofthe Advisory Group, we are willing and able to provide the Commission with the support and collaborative resources to explore a ?Vision for Vermont?s Future?.4 4 Act 47, Sec. i Earnest Nottiishiqht E. Fermeitsd?iotiighiaht A A- a J'n r! .- um -. may. .. In I J?l-?hl-I ?no-a; I I II Ilf