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New Vermont Energy & Environmental Legislation (2016)

Some important environmental and energy bills were passed during the 2015–2016 legislative session. Below is a brief summary of the major points. We will follow up with detailed posts about each bill. Check back for more!

S.260/Act 174: Renewable Energy Bill Expands Role for Planning Commissions & Sets Wind Energy Sound Limits
The Vermont legislature passed a renewable energy bill on June 9, 2016, that is intended to increase the importance of local planning for renewable energy projects. Highlights from the bill include:

  • Expanded role for planning commissions. Municipal and regional planning commissions can get their energy plans certified as “energy compliant” by the Commissioner of Public Service—giving those plans “substantial deference” in individual permitting proceedings and giving more weight to planning at the local level. Planning commissions can designate sites as suitable or unsuitable for renewable energy projects.
  • Wind project sound limits. The Public Service Board (Board) must adopt rules for wind project sound limits. The Board must adopt temporary rules by July 28, 2016, to be used for all applications filed on or after June 13, 2016. (The Board should not consider applications filed on or after June 13 until it has passed the rules for sound limits.) The Board must adopt final rules by July 1, 2017. Follow this link to view the comments the Board has already received regarding this rule-making.
  • Preferred siting. Starting January 1, 2017, the Board will begin a one-year pilot program under the Standard Offer Program to encourage siting renewable projects in certain areas, including: parking lot canopies, landfills, certified brownfield sites, disturbed portions of gravel pits and quarries, land where a building or other “impervious structure” was previously built, land designated by a municipal energy plan, a Comprehensive Environmental Response, Compensation, and Liability Act National Priorities List site, and hydroelectric dams already in existence and approved by U.S. Federal Energy Regulatory Commission.
  • Expanded intervention rights. Municipal legislatures, municipal and regional planning commissions, and the Agency of Agriculture have expanded intervention rights in Certificate for Public Good (CPG) proceedings.
  • Aesthetic mitigation standards. The Board must adopt standards for post-construction inspection and maintenance of aesthetic mitigation and decommissioning for energy projects by August 15, 2017. The Department of Public Service must first propose rules to the Board by November 1, 2016.
  • Disturbed soils & vegetation. Projects greater than 50 kW must include information in their CPG applications about disturbed soils and vegetation, visible infrastructure, and adverse impacts.
  • Radar-controlled obstruction lights. Where required by the Federal Aviation Administration, wind energy facilities with four or more turbines must have radar-controlled obstruction lights.
  • CPGs in land records. For projects greater than 15 kW, the holder of a CPG must record notice of the CPG in the land records as if it were a deed.
  • “Primarily agricultural soils” joins the protected list: just as the Board should not issue a CPG for a project that will have an adverse effect on “aesthetics, historic sites, air and water purity, the natural environment, the use of natural resources, … the public health and safety, … [or] greenhouse gas impacts,” the Board should not issue a CPG for a project that will adversely affect “agricultural soils.”
  • Hydroelectric plants subject to the Federal Power Act (under the Federal Energy Regulatory Commission) will not seek licensing through the CPG process.

S.123/Act 150: Changed Permit Process for the Department of Environmental Conservation
S.123 set new standards for the permit and appeal process for permits issued by the Department of Environmental Conservation (DEC). The changes are intended to streamline the permit process, increase public awareness, and give early notice of public concerns to DEC and applicants. The Act passed May 5, 2016. Some highlights include:

  • Procedures for providing notice and comment and reviewing permit applications have been consolidated from 85 distinct processes down to five broad categories of procedures.
  • An electronic environmental bulletin will give extensive public notice of proposed projects.
  • For individual permits and some general permits, applicants must notify adjoining landowners of proposed projects by mail.
  • For most permit processes, the DEC must provide notice of every completed application, scheduled hearing, and Secretary of Natural Resources (Secretary) decision regarding the permit in question to the applicant, the municipality in which the project will be located, and anyone who registers for notice on the electronic bulletin website.
  • Except for emergency permits, the DEC must provide a comment period (usually 30 days).
  • To appeal a Secretary decision, a person must first submit comments during the comment period. Appeals must be related to those comments.
  • For large projects, parties must notify the public before applying for a DEC permit.
  • The new appeal process will take effect on January 1, 2018.

H.857/Act 171: State Initiative to Preserve Forest Blocks and Habitat Corridors
H.857 aims to “sustain long-term forest health, integrity, and productivity” in benefit of Vermont’s economy, environment, and general health and welfare. Among its changes is a forest management policy to preserve contiguous forest blocks and habitat corridors. The Act passed on May 6, 2016. Some highlights include:

  • Starting January 1, 2018, municipal and regional planning commissions should indicate areas of land that are important as forest blocks (contiguous sections of forest) and habitat connectors in their land use plans. The commissions should also include land development plans that minimize forest fragmentation and enhance forest health.
  • The legislature created a Study Committee on Land Use Regulation and Forest Integrity that will consider how to revise Act 250 and 24 VSA ch. 116, subchapter 7 (the section on municipal bylaws and zoning) in order to protect forest blocks and habitat corridors. The Committee was created on June 7, 2016.

H.570/Act 145: Secretary of Natural Resources to Designate “Critical Habitat”
The Vermont legislature passed a bill on May 2, 2016, that authorizes the Secretary of Natural Resources to designate property as “critical habitat” for threatened or endangered species. The bill is designed to align more closely with the federal Endangered Species Act, which allows for the designation of critical habitat. Some highlights include:

  • Critical habitat must be “necessary for the conservation or recovery” of a listed species.
  • Anyone who adversely impacts a designated critical habitat without a permit may be subject to environmental or criminal enforcement.
  • An action has an adverse impact if it “negatively affects the value of critical habitat for the survival, conservation, or recovery of a listed threatened or endangered species,” either directly or indirectly.
  • Under certain conditions, the Secretary may issue permits allowing parties to adversely impact critical habitats. The Secretary may set requirements for the permits, such as mitigation measures.
  • The Secretary must follow rule-making procedures in order to designate critical habitat. The Secretary must notify and consult with various government agencies, affected landowners, and any interested persons, at least 60 days prior to rule-making. The Secretary also may not cause “undue interference” with farming, forestry, or silvicultural practices.
  • The Act took effect on July 1, 2016.

Authored by Geoff Hand & Heather Devine

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Vermont Energy Siting Commission to Evaluate Permitting Examples From Other New England States

Governor Shumlin’s Energy Siting Commission will convene again this week to consider potential changes to the process for siting and permitting energy facilities in Vermont.

At the Commission’s first informational meeting on October 31, 2012 Commission members heard presentations from a number of state agencies on the current permitting process for energy generation facilities in Vermont.

The Public Service Department (PSD) provided an overview of the statutory program that governs development of energy facilities, commonly called the Section 248 process (30 V.S.A § 248).  Staff from the Agency of Natural Resources then presented information on that agency’s relevant regulatory programs, including the numerous permits an energy developer may be required to obtain from ANR during the project approval process, such as operational and/or construction stormwater permits, wetland permits, stream alternation permits, Section 401 water quality certifications, and endangered species taking permits. Finally, for comparison purposes, the Natural Resources Board staff provided an overview of Vermont’s land use development law (Act 250), which applies to commercial, industrial, and larger-scale residential development in Vermont (but not to energy facilities, which are regulated under Section 248).  If you missed the first meeting a full transcript is available on the Commission’s website.

This week the Commission turns its attention to examples of permitting regimes in other New England states, and has invited speakers from New Hampshire, Connecticut, Massachusetts and Maine.  The invited speakers include:

  • Mike Iacopino, Counsel to the NH Site Evaluation Committee
  • Linda Roberts, Executive Director of the Connecticut  Siting Council and Melanie Bachman, Staff Attorney to the Connecticut Siting Council
  • Andrew Greene, Director of the Massachusetts Energy Facilities Siting Board and James Buckley, General Counsel to the Massachusetts Energy Facilities Siting Board
  • David Littell, Commissioner at the Maine Public Utilities Commission

This week’s meeting will take place Wednesday, November 14 from 9AM to 12PM in the Pavilion Auditorium of the State Pavilion Building, located at 109 State St. in Montpelier, Vermont.

The Commission will continue its hearings through the winter and spring of 2013. The Governor has directed the Commission to provide a report and recommendations to the legislature by April 30, 2013.

We will provide an update on future meeting dates and agendas as they are published by the Commission.

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SRH Law adds two new attorneys; expands intellectual property practice.

SRH Law is pleased to announce that Justin McCabe and Erik Nielsen have joined the firm as associate attorneys.

Justin McCabe comes to SRH Law after several years of practice at another prominent Burlington, Vermont firm, where he focused on intellectual property and especially patent law. Justin has extensive experience working with companies, small businesses, inventors, designers, and software developers to help them identify and protect their valuable intellectual property assets.

At SRH Law, Justin will assist the firm’s clients in all areas of intellectual property law, including drafting patents and prosecuting them before the USPTO, litigating patent and trademark infringement disputes, negotiating intellectual property agreements, advising on trademarks, copyrights, and trade secret protection, and assisting with open source software licensing. His particular patent experience spans several different technological disciplines, and complements the firm’s focus on assisting clients in the energy, environmental, healthcare, technology, and green consumer product industries. His addition will help the firm offer a greater range of intellectual property services to its clients in these and other fields.

Click here to learn more about Justin and the firm’s intellectual property practice.

Erik Nielsen begins his legal career at SRH Law after clerking at the Vermont Supreme Court for Justice Beth Robinson. Erik graduated cum laude from Boston University School of Law in 2011. Prior to clerking at the Vermont Supreme Court, he worked as a legal fellow at the EPA’s Office of Enforcement and Compliance Assurance, and also spent his last semester of law school at the EPA as a law clerk to three administrative law judges.

At SRH Law, Erik’s work will focus primarily on the firm’s regulatory practices, including renewable energy, telecommunications, and public utilities. He will also support the firm’s civil litigation practice.

Click here to learn more about Erik.

Together with their new colleagues at SRH Law, Justin and Erik are committed to helping clients make a difference in their communities and the broader world. We welcome them to the firm.

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Victory at Vermont Supreme Court

SRH Law’ client the City of St. Albans won an important case at the Vermont Supreme Court on August 3, 2012.

The case handled by SRH Law attorneys involved an unusual scenario: the Franklin County Sheriff sued the City of St. Albans Police Department after the City won the contract to provide police services to St. Albans Town.  The Sheriff had provided police services to the Town for 25 years.

The Sheriff alleged the City had violated Vermont anti-trust law by submitting an illegally low bid.  The City argued that the Sheriff had no standing to bring the lawsuit and that state anti-trust law did not apply to government entities suing each other over police services contracts.  The City argued further that its bid was not only legal but good government, saving taxpayer money.  The City explained that its policing style is simply more modern and efficient than the Sheriff’s.

The Supreme Court agreed with the City.  The Sheriff had no standing to bring the lawsuit, the Court decided, for two reasons.  The Sheriff first had no legally protected right to a bidding process under Vermont law.  Further, the Court held, Vermont’s anti-trust law is not designed to protect government entities outside of the traditional competitive marketplace.

http://www.vpr.net/news_detail/95435/vt-supreme-court-denies-franklin-county-sheriffs-a/

http://www.burlingtonfreepress.com/viewart/20120807/NEWS02/120807009/Court-rejects-sheriff-s-police-coverage-lawsuit

http://www.wcax.com/story/19214782/court-rejects-vt-sheriffs-police-coverage-lawsuit

http://www.boston.com/news/local/vermont/articles/2012/08/07/court_rejects_vt_sheriffs_police_coverage_lawsuit/

http://www.reformer.com/latestnews/ci_21253674/court-rejects-vt-sheriffs-police-coverage-lawsuit

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Join Us for the 1st Annual Art + Soul Event, June 7, 2012

Dunkiel Saunders is excited to announce the First Annual Art + Soul Event.  The event will take place at our office on June 7, 2012 during Burlington’s Discover Jazz Festival.

Over the last ten years, we’ve been privileged to work with people all around Vermont who are engaged in creative and meaningful enterprises that make a real difference in their communities.  Helping such inspiring individuals, nonprofits, and businesses succeed is what makes the practice of law so personally fulfilling for all of us at SRH Law.

We’ve created Art + Soul to celebrate their work, raise money for great causes, and help forge new connections between folks who participate in Vermont’s vibrant creative economy.

Each year, Art + Soul will benefit a different local nonprofit, featuring local art inspired by, or connected to, the nonprofit’s mission.  All art will be sold, and proceeds from art sales will be split between the artists and the nonprofit.

This year the event will benefit the Intervale Center and will feature artwork inspired by the Intervale Center’s mission of sustainable local agriculture.  The Intervale Center has accomplished an amazing amount over its 35+ year history, helping small farmers grow economically viable enterprises, contributing to the development of a vibrant local food culture, and revitalizing Burlington’s Intervale, which serves as a remarkable resource for all of us in Burlington.  The organization has become an indispensable steward of sustainable agriculture in Vermont and is a critical thread in the unique fabric of our community.

We hope you’ll join us on June 7, 2012 between 6:30 and 9:00 PM at our office at 91 College Street, Burlington to help celebrate the Intervale Center’s good work.  Make some new connections, buy some great art, support a good cause, and take home some inspiration to sustain your own good work.

The team at Stride Creative Group has donated the graphic design work for Art + Soul and will be co-sponsoring the event this year, along with Thread Magazine, a new publication that focuses on Vermont’s art, food, music and cultural scene.

For additional information please visit the website: www.artandsoulvt.org or our Facebook page: www.facebook.com/artandsoulvt

RSVP by Tuesday, June 5th: Ki McClennan, kmcclennan@srhlaw.com

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SRH Law Seeks to Hire Associate Attorney

SRH Law is seeking a motivated attorney with one to two years of experience to join our legal team as an associate attorney in our Burlington, Vermont-based practice.

The individual hired for the position will be responsible for providing support in each of the firm’s practice areas, which include environmental, energy, health care, telecommunications, nonprofit, and business law.

Candidates must be a graduate of an accredited law school, hold a JD degree, and be admitted to practice before the Vermont Bar. Experience in a law firm or corporate law department, including experience in one or more of the firm’s core practice areas, is preferred.

Interested candidates should email a cover letter and resume to Ki McClennan at kmcclennan@srhlaw.com by December 23, 2011. No telephone calls please.

You can find out more about the firm at www.dunkielsaunders.com.

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SRH Law Celebrates Opening of First Wind’s Sheffield Wind Project

In the distance, the Sheffield turbines salute the project’s completion.

A unique celebration took place last Wednesday on the top of Granby Mountain and Libby Hill in Sheffield, Vermont as the Sheffield Wind Project, developed by First Wind, was inaugurated with a ceremonial ribbon cutting attended by the Governor, state legislators, utility representatives, Sheffield residents and numerous others.  The project, which began officially operating at full power in mid-October, has a capacity of 40 megawatts and is expected to generate about 115,000 megawatt hours a year – that’s the equivalent of meeting the needs of all 15,000 homes in Caledonia County.

SRH Law has been involved in the project for more than six years, providing legal counsel and strategic advice to First Wind since the project’s earliest development stages in 2005.  Over the course of the project, our attorneys assisted First Wind on a wide range of regulatory, litigation, permitting and finance-related issues, including obtaining the project’s overall state approval — Certificate of Public Good (CPG) — from the Vermont Public Service Board (PSB), as well as state and federal environmental permits, municipal approvals, and host town agreements. The PSB’s original order approving the project is available here.

SRH Law also successfully represented First Wind before the Vermont Supreme Court in defending against an appeal of the Public Service Board’s CPG; in federal court in appeals related to FAA lighting and NEPA compliance; before the Vermont Agency of Natural Resources and the Vermont Environmental Court to obtain stormwater permits for the project; and in a final appeal of the construction stormwater permit to the Vermont Supreme Court.  Litigation over the project ended last week when opponents formally withdrew their final appeal at the Vermont Supreme Court, after construction of the Project was completed and SRH Law moved to dismiss the case on the basis of mootness.

For First Wind and SRH Law, as well as the many other individuals who contributed to the completion of the project, the ceremony marked the culmination of several years of hard work and the recognition of their success.

First Wind has put together a nice video on the development of the project and its contribution to the local economy:

More news on the ribbon-cutting is also available here and here.

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National Flood Insurance Program, Municipal Zoning and Hurricane Irene

Hurricane Irene Damage

Hurricane Irene damage to road and homes in Bethel, VT. (Photo by Ann Froschauer/USFWS)

Vermont towns and residents are starting to rebuild after Irene’s blow to Vermont in August.  With cold and snow not far off, time is of the essence—but the rush to rebuild must heed critical legal issues.

One of those is maintaining town participation in the National Flood Insurance Program (NFIP), which is administered by FEMA but is largely carried out at the state and local levels.

The NFIP provides flood insurance protection to property owners in flood-prone areas, but towns must participate in the NFIP and meet its requirements for residents to be eligible to purchase flood insurance.  Towns must also participate in the NFIP to receive financial assistance in future flooding events.

One NFIP requirement is that towns must regulate development proposed in a floodplain. Participating towns must review all permit applications to determine whether a proposed building will be reasonably safe from flooding.

But permits are not only required for new development.  Towns must regulate rebuilding of “substantially damaged” structures, and a structure is “substantially damaged” when restoration costs are 50% or more than its market value before the damage.  If town officials determine that rebuilding work qualifies as repair of “substantial damage,” then the structure must comply with NFIP requirements for new construction.

The challenge for towns is how to balance the strong interests to make sure their participation in NFIP is not threatened in the wake of Irene, yet at the same time allow homeowners to rebuild in a timely fashion.  Thus, for example, towns may want to implement interim zoning regulations to avoid lengthy conditional use review.  Authorizing a zoning administrator to issue permits on a temporary, interim basis can move the process along.  In the event repair work was conducted before obtaining necessary permits, some towns are encouraging property owners to obtain after-the-fact permits.

Towns and residents must also note that ANR reviews local permits to ensure compliance with NFIP minimum standards.  Zoning permit applications should be sent to the ANR River Management Program, which must provide comments within 30 days.

This is only one of several issues towns must consider when undertaking flood recovery, so look for more posts on post-Irene from SRH Law in the future.

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DPS releases Vermont Draft Energy Plan

The Vermont Department of Public Service (DPS) released a draft of the new 2011 Comprehensive Energy Plan (CEP) earlier this week.  By statute, the Comprehensive Energy Plan must be updated every five years, and the plan is intended to provide a policy road map for Vermont’s energy future, touching on electricity, thermal heating sources, transportation and land use issues.

This draft follows several months of public comment sessions held by the DPS around the state and provides a valuable perspective into the Shumlin Administration’s top energy policy goals.  Governor Peter Shumlin has been a strong supporter of renewable energy for many years and has also been outspoken both on climate change and on closing Vermont’s only nuclear plant, Vermont Yankee.  Renewable energy advocates have been anxious to see how the administration will translate those general positions into specific policies, and this draft plan gives some clear perspective on the direction the Shumlin administration is headed.

We are still reviewing the details of the 420-page draft plan, but several highlights are worth noting quickly.  Among other things the draft plan:

  • Sets a goal of attaining 90% of energy from renewables.  Where nonrenewables are necessary, the plan recommends using natural gas and biofuel blends “to virtually eliminate” reliance on oil.
  • Broadens efficiency focus beyond electricity by increasing investment in heating efficiency and developing a “whole-building approach to all-fuels efficiency.”
  • Directs renewable energy generation to serve transportation and heating needs, not just electricity needs.  (Renewable generation currently provides over half of Vermont electricity needs but only 23% of Vermont’s total energy usage.)
  • Recommends adoption of a streamlined Renewable Portfolio Standard (RPS) for electricity load, with an aggressive total electricity goal, and a next-generation Standard Offer program for small-scale distributed generation.
  • Seeks mandatory mediation for Section 248 siting projects so that developers and opponents can seek solutions and avoid litigation.
  • Plans for expansion of natural gas infrastructure to Middlebury and eventually Rutland.

Public comment sessions on the draft plan are scheduled around the state on the following dates:

  • September 27th (7-9 p.m.) – Middlebury High School (73 Charles Avenue)
  • September 28th  (7-9 p.m.) – Brattleboro High School (131 Fairground Road)
  • September 29th (7-9 p.m.) – Rutland High School (22 Stratton Road)
  • October 3rd (7-9 p.m.) – Colchester High School (131 Laker Lane)
  • October 6th (7-9 p.m.) – Danville School (148 Peacham Road)

Public comments may also be submitted in writing until 5:00 pm, Monday, October 10, 2011.  Filing instructions are at http://www.vtenergyplan.vermont.gov/comment.

For more coverage on the new draft energy plan, please see these recent articles:

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Comments on PSB Staff Proposal for New Vermont Renewable Energy Portfolio Standard Due Sept 14, 2011

The Vermont Public Service Board (PSB) is in the process of preparing a report concerning the development of a renewable portfolio standard (RPS) in Vermont to revise or replace the current RPS and Sustainably Priced Energy Enterprise Development (SPEED) program passed by the Legislature in 2005.

Board staff have prepared recommendations for a potential new RPS program, which will be presented to the PSB later this month.  Comments on staff recommendations are due September 14, 2011.  The Board is then required to prepare and deliver its final report to the legislature no later than October 1, 2011.

Unlike other New England states, Vermont has not yet implemented a mandatory RPS program.  The current SPEED program was passed in 2005 and is designed to encourage the development of renewable energy.  It provides an incentive for the state’s retail electric utility providers to enter into long-term contracts with in-state renewable energy generators but does not set mandatory purchasing requirements for utilities. Instead, the program, as amended in 2008, sets a statewide goal that 20% of the state’s retail electric sales come from new in-state renewable energy facilities (often referred to as SPEED projects) by 2017.  The legislation also included the general design for a potential  mandatory RPS program (codified at 30 V.S.A 8004) and included a trigger requiring implementation of the mandatory RPS program if the PSB determines that the SPEED program has not been successful.  The RPS requirement is triggered unless Vermont utilities, collectively, meet at least 5% of 2005 load, and incremental load growth from January 1, 2005, to December 31, 2012, up to ten percent of 2005 load, through contracts with renewable resources that come on-line after January 1, 2005.

In 2010, the Vermont Legislature passed Act 159, directing the PSB to evaluate and provide recommendations on potential revisions to the SPEED program (including potentially replacing the program with a more traditional RPS mechanism).  The report is required to include, among other things:

  1. An evaluation of whether or not Vermont should adopt an RPS to amend or replace the RPS adopted in 2005 or, in lieu of adopting such an RPS, should adopt revised goals and requirements for the SPEED program.
  2. An evaluation of whether the voluntary goals and aspects of the SPEED program should be made mandatory.
  3. An evaluation of the economic and environmental benefits and costs of adopting an RPS at each of the following percentages of Vermont’s electricity supply portfolio: 25, 50, 75, and 100 percent.  The board shall also perform the same evaluation with respect to the imposition of mandatory SPEED goals at the same portfolio percentages.
  4. An evaluation of the effect on the development of in-state renewable energy resources that may occur if an RPS is adopted and, under such an RPS, out-of-state resources with capacities in excess of 200 MW are considered renewable.  The board shall also perform the same evaluation with respect to the imposition of mandatory SPEED goals.  Such evaluations shall take into account each of the percentages discussed under subdivision (2)(C) of this subsection.
  5. Analysis of RPS statutes and rules that have been adopted in other jurisdictions and their strengths and weaknesses and a discussion of how a Vermont RPS and, in lieu of an RPS, revised SPEED goals and requirements might integrate with such statutes and rules.
  6. Consideration of whether or not Vermont should adopt a definition of renewable resources that includes tiers or classes and a recommended proposal for such a definition.
  7. Consideration of the manner in which Vermont would require third party certification that an energy resource is renewable.
  8. Consideration of the manner in which Vermont would require third party certification that a renewable resource has low environmental impact.
  9. Consideration of the extent to which a Vermont RPS and, in lieu of such an RPS, revised SPEED goals and requirements would include the purchase of electric energy efficiency resources and the appropriate means of verification that the associated energy savings are achieved.

PSB staff have held several public meetings over the past year to meet the October 1, 2011 deadline for the report.  Prior meetings have included discussions on the effectiveness of the SPEED program, performance RPS programs in other states, and potential designs for a new RPS program in Vermont.  The Board has also retained the Clean Energy States Alliance and Sustainable Energy Advantage  (CESA/SEA) as consultants to analyze different potential policy mechanisms.

A draft of the CESA/SEA report – entitled An Analysis of Renewable Energy Policy Options in Vermont  – was recently released and is available on the Board’s RPS Study website. The report sets forth various renewable policy design options and evaluates the advantages and disadvantages of each different design option; it also includes economic modeling of various policy scenarios.  The CESA/SEA report, and the Board Staff’s recommendations for a potential RPS program were presented during a public meeting at the state house on September 1, 2011.

Based on the analysis and economic modeling contained in the CESA/SEA report, the Board Staff is currently recommending that Vermont adopt an RPS which would require Vermont utilities to obtain 75% of their retail electric power from renewable sources by 2032, with 40% of this requirement derived from maintenance of the state’s existing percentage of renewable resources, 30% of the requirement derived from new renewable resources constructed after 2005, and 5% of the requirement derived from in-state renewable distributed generation.  Details on the RPS proposal are included in the staff report.

Comments on the Board Staff proposal are due this week, on Wednesday September 14, 2011 and may be submitted directly via e-mail to Ed McNamara

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