[{"_1":2,"_88":-5,"_89":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6088390,"mediaKeyId","2881355-c666218f7c2fe1a679d376fa24179a58","parentId",2881355,"title","Committee hears legal and technical outline of the Climate Superfund cost-recovery bill (H.122) and litigation risks","audioSeconds",3523,"startMs",1837945,"endMs",5361165,"viewUrl","/Search/View?dp=1&key=2881355-c666218f7c2fe1a679d376fa24179a58&start=1837&end=5361","thumbnailUrl","https://assets.pipeline.soar.com/2881355-c666218f7c2fe1a679d376fa24179a58/thumbnail_1837945.jpg","articleUrl","/articles/6088390/Vermont/Committee-hears-legal-and-technical-outline-of-the-Climate-Superfund-cost-recovery-bill-H122-and-litigation-risks","mediaUrl","https://secure.pipeline.soar.com/6088390-29f6027eb7c527c16d84f5c3b0450531/orig.mp4?Expires=1770709964&Signature=TIMTAtetnfvRXIMnJN44CrE~f0-GYT~MWN-fYwydhnsY6AbSME-kN0o9NxxP2XYXNgmZoOabSRw08ACzd70JqPMjL9Z33uidl7zb1TK73jgKVFw8shXtURC0bse7RJhyHpE9pzITZNeRoWeON-rKh~7E53KrUhxU79cgBN0At1sw-cP8l9DOkQec9TkSS3C79CxEF8tpnhnAbhDQnP9kpp2Kn~CUelxKefbgxeTzD7wkhOuIroK00AO7tx~95P-4g68QzJ~rXIbIzzM0VUHczjXxCdlrSm8z09R16bHivg8tHGh3ZrCh3SUZ79vl5Mp1IDODqG58vHjan~0z5N6pIg__&Key-Pair-Id=KUT5TJCACFTXG","author","Vermont House Energy and Digital Infrastructure","date","2025-04-05T04:17:50Z","article","Michael Grady, identified himself as counsel, briefed the House Energy and Digital Infrastructure Committee on H.122 (branded in discussion as the Climate Superfund Act) on April 4, describing the bill's approach to cost recovery for climate-related harms and the legal and technical issues lawmakers and agencies will face.

Grady told the committee the bill is modeled on the liability approach used in hazardous-waste Superfund law (CERCLA): it would make certain entities strictly, jointly and severally liable for a portion of the cost to the state and its residents of covered greenhouse-gas emissions tied to fossil fuels they extracted or refined during a covered period (defined in the bill as Jan. 1, 1995 through Dec. 31, 2024). A responsible party is an entity whose attributable emissions during the covered period meet a very large-threshold contribution (discussion referenced a threshold of 1,000,000,000 metric tons aggregated for attribution purposes) and that has sufficient contacts with Vermont for jurisdictional purposes, Grady said.

The statute designates the Agency of Natural Resources (ANR) to administer the program and the state treasurer to calculate the total cost to Vermont and its residents of the covered emissions during the covered period. That treasurer’s calculation is intended to estimate past and projected costs — including public-health, natural-resources, agriculture and other categories — attributable to covered greenhouse-gas emissions during the covered period; that estimate is used to proportionally allocate recovery demands to responsible parties, Grady said.

How shares are calculated: the cost-recovery demand to each responsible party is the state's cost multiplied by the ratio of that party's applicable share of covered emissions to the aggregate applicable shares attributable to all responsible parties. Grady discussed a proposed technical clarification to ensure the covered greenhouse-gas quantity is tied to the entity's extraction or refining activities rather than an undifferentiated global emissions total. The treasurer and ANR must adopt a methodology and there will be an administrative rule-making process for determining shares and identifying responsible parties.

Payment mechanics and appeals: responsible parties could pay within six months, or enter a nine‑payment installment plan (20% due on the first payment, remaining 80% spread across eight payments). If a responsible party fails to pay, the unpaid balance becomes due; a buyer that assumes assets can assume installments only by agreement. The bill creates a special fund administered by ANR for climate-adaptation projects and other qualified expenditures and allows the state auditor to be reimbursed from the fund to audit program effectiveness every five years, Grady said.

Legal and practical risks: Grady described legal arguments that plaintiffs in related challenges are likely to raise, including federal preemption (Clean Air Act), due-process and interstate-commerce limits on state jurisdiction, extraterritoriality, and takings or excessive-fines arguments. He noted that multi-state litigation has been filed in other jurisdictions and that large trade associations are among the plaintiffs (he identified the U.S. Chamber of Commerce and a national petroleum trade group as parties suing in related matters). He said litigation and discovery could be lengthy and that courts could resolve different claims in stages.

Appropriations and implementation: the bill includes initial appropriations for ANR rulemaking and for the treasurer's office to hire technical support; Grady said those funds were included in past budgets but additional appropriations may be requested. He also noted a pending House amendment (H.319 language) that would adjust implementation mechanics — for example, moving the resilience strategy out of formal rulemaking into a report — and that some technical dates have been shifted in prior sessions.

Committee members asked for clarification about why distribution networks into Vermont (for example, gasoline supplied via out‑of‑state racks) create sufficient contact for jurisdictional claims and whether the program would be a one‑time cost (the covered-period calculation is one-time unless the General Assembly authorizes an expanded covered period in future action). Grady cautioned the program would be precedent-setting and could produce lengthy litigation but said states that pursue similar approaches argue they seek remediation and reimbursement for harms rather than punishment.

No formal committee vote was recorded at the April 4 briefing; the meeting was an informational presentation.","mediaType","Video","parentTitle","House Energy and Digital Infrastructure 2025-04-04 10:30am","oneSentenceSummary","Michael Grady, counsel, briefed the House Energy and Digital Infrastructure Committee on April 4 on H.122, the Climate Superfund Act, explaining how the state would calculate costs and identify responsible parties for covered greenhouse-gas emissions from 1995'2024.","taxTitle","Environment & Energy, HOUSE OF REPRESENTATIVES, Committees, Legislative , Vermont","taxId",30749,"location","Vermont","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6088396,"Legislative counsel outlines Vermont’s Act 154 environmental-justice duties, mapping tool and spending reports",1476,54325,1530700,"/Search/View?dp=1&key=2881355-c666218f7c2fe1a679d376fa24179a58&start=54&end=1530","https://assets.pipeline.soar.com/2881355-c666218f7c2fe1a679d376fa24179a58/thumbnail_54325.jpg","/articles/6088396/Vermont/Legislative-counsel-outlines-Vermonts-Act-154-environmental-justice-duties-mapping-tool-and-spending-reports","https://secure.pipeline.soar.com/6088396-d7f1c65cea399d8d62cbf1bbba9015af/orig.mp4?Expires=1770709964&Signature=Y4E3F2G9a4cBNrKQOHe5hfv9-3lsUgROkb87yir5aqxrerP03faIalAf3QeyWgkl3gcvxn46F7MqHH5EkNImPth237qIVNjl5IHwItp6TV4SeeS1EqUynsW-BpfP17WlX~ZQ9dxA-L6k-NHCzTxM~d8FOcRxKzB8gOIqXBVQ1~ZMFUaGJFX2Xdlw8JAlBV~NrftPlFmX0le6JWOYNrDQrD70MPJ7iZ-7iRYEoH8heEitzbyhTPJ5MU8hZpkpKfvZxWLb7-zJE8qKzCqohJpNH7yxrSv-sPauK9z~dYcTsc7yNbEiallqLl7izYVmzAV3XajPqlUdKtEfln5zHybVaA__&Key-Pair-Id=KUT5TJCACFTXG","Alan, legislative counsel, told the House Energy and Digital Infrastructure Committee on April 4 that Act 154 of 2022 established Vermont’s environmental-justice program and sets duties, definitions and timelines for multiple state agencies.

The statute (Act 154) creates a state environmental-justice policy that says no population segment should bear a disproportionate share of environmental burdens or be denied an equitable share of environmental benefits, and it requires “meaningful participation” by affected communities, Alan said. The law defines environmental benefits and burdens, and specifies the term “environmental justice focused population” using U.S. Census block-group thresholds (median household income at or below 80% of the state median, persons of color or indigenous persons at 6% or more, or at least 1% of households with limited English proficiency).

The law assigns responsibilities to covered agencies — including the Agency of Natural Resources (ANR), Transportation, Commerce and Community Development, Agriculture, Education, the Public Utility Commission, the Land Use Review Board and the Departments of Health, Public Safety and Public Service — to consider cumulative environmental burdens and access to environmental benefits when evaluating projects, permits and funding, Alan said. ANR must lead by defining cumulative environmental burdens by rule and creating an environmental-justice mapping tool by July 1, 2027. The mapping tool may incorporate federal tools such as EJScreen and state indices like the Vermont Social Vulnerability Index.

Under the statute, covered agencies must develop community engagement plans and begin posting baseline spending reports that identify where investments and resulting environmental benefits have been made geographically (to the municipal level and, if practicable, to census block groups). Draft guidance about which investments provide environmental benefits is due from ANR by Sept. 15, 2025; covered agencies must prepare baseline spending reports by Feb. 15, 2026. Beginning July 1, 2026, agencies should aim to direct investments proportionately to environmental-justice-focused populations; annual spending reports tracking benefits are required beginning in 2028.

The statute also created two advisory bodies: an Interagency Environmental Justice Committee (agency heads or designees) to coordinate implementation and an Environmental Justice Advisory Council (11 appointed members) to provide independent recommendations and review agency reports and draft rule concepts. The advisory council must review draft rulemaking concepts and proposed rules at least 45 days before those are filed with the Interagency Committee on Administrative Rules (LCAR/ICAR process); the council can vote to record support or objections but cannot block rulemaking, Alan said.

Act 181 pushed many of the original deadlines forward by two years at the advisory council’s request, Alan added. The statute also includes appropriations: $500,000 for development of the mapping tool and community outreach, and $250,000 for one civil-rights compliance director and two full‑time positions to support the environmental-justice program.

Committee members pressed for practical details: how census block-group thresholds will translate into mapping outputs and how many block groups will qualify; whether regional planning commissions or municipal zoning would be incorporated; and how agencies will implement community engagement with populations that face barriers to attending meetings. Alan said the statute focuses on state agencies and their binding funding and permitting decisions, while noting that regional planning commissions were not originally included but could be addressed in later amendments.

Why it matters: the statute changes how Vermont state agencies identify communities that have been underserved by environmental benefits and requires public posting of spending and engagement plans intended to direct future investments more proportionately. The work requires cross‑agency rulemaking, publicly posted baseline reports and a mapping tool intended for public use.

The committee did not take a formal vote on Act 154 implementation at the April 4 meeting; the briefing was informational.","A legislative counsel briefed the House Energy and Digital Infrastructure Committee on Act 154 of 2022, summarizing statutory definitions, agency duties, deadlines for community-engagement plans and mapping tools, and required baseline spending reports; agencies must adopt rules and post annual reports with deadlines staggered through 2028.","actionData","errors"]

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Committee hears legal and technical outline of the Climate Superfund cost-recovery bill (H.122) and litigation risks

Legislative counsel outlines Vermont’s Act 154 environmental-justice duties, mapping tool and spending reports