Sunday, April 28, 2024

April 27, 2024 Legislative Update

 

Legislative Update

Rep. Anne Donahue

April 28, 2024

 

Sometimes the legislature is a pendulum of careening objects… and that’s even before a bill moves from the House to the Senate. Two weeks ago, a whole new education funding plan was unveiled in the Ways and Means Committee and the initial announced plan was to vote it out in a mere two days – far too fast for judicious consideration.

Two weeks later, we received the bill on the House floor. It was stripped of any and all reforms, even short-term cost containment for next year. Perhaps it was a straw man, only intended to draw in negative reaction from those with vested interests and thereby create an excuse for doing nothing this year to change factors that led to the crisis in property taxes.

The core of the new bill is yet another study. There have been 39 different studies on Education Fund reforms since 2000. The new Commission has 23 members and a huge array of tasks, almost guaranteeing that its mandate cannot be achieved. Waiting for its recommendations means at least two years before any proposals come forward to reform what everyone agrees is a dysfunctional system. We know the status quo is failing.

It is now in the Senate hands to consider whether to agree to our proposal.

What is not transparent within the complexity of the current system is how much local taxpayers are held hostage to what other towns want to spend. Without better cost-containment mechanisms on upper-end spending, towns that maintain thrifty budgets end up paying for those that want to spend more. It is what makes cutting a local tax increase so difficult: for every dollar cut, the town only sees 25 cents reduced from the budget impact on its own tax rate. Those who want to spend more have only to contribute 25 cents locally per each dollar increase.

That is a key part of what is meant by the structural change needed: We need mechanisms that prevent excessive spending by individual districts from being included in the statewide funding that places the cost on everyone. At the same time, maintaining enough sharing of costs to protect equity is a core value.

The crumbs tossed to taxpayers in the House bill were that we eased the homeowner tax increase slightly by creating several new taxes and putting that revenue in the Ed Fund. In addition, an increase was shifted onto all commercial property, landlord property, and camps or second homes.

In the legislature, one often relies heavily on colleagues who have developed an expertise in a particular area and whose analysis one trusts. For me with education funding, that is Rep. Scott Beck, who has been on either the Education or the Ways and Means Committee since 2015 and understands the system deeply. His words on the floor:

“There is nothing in this bill for short-term or long-term cost containment, or structural reform... Our taxpayers are going to get absolutely hammered this fall and we will not even be able to tell them that we made a course correction. And then they are going to get hammered again next year, and then this Commission will come… and tell [taxpayers] we might make a change by fiscal year ‘28. Our taxpayers can’t handle any more; it is unconscionable that we aren’t making structural reforms right now.”

One of the proposed amendments was an interim “allowable spending” percentage for the next two years that, if exceeded, would place a higher cost on the spending district. It was rejected.

One truly logical proposal was to suggest that if were delaying reforms to avoid unintended consequences, we should at least make the new taxes on computer software and short-term rentals temporary – then reassess as part of those future comprehensive reforms. As I said in explaining my vote of support, “We have a misfit when we refuse to initiate even interim changes that actually address our Education Fund stressors – we say we shouldn’t move that fast – yet reject a sunset on what should be solely a stop-gap measure, not permanent new taxes.” That amendment was rejected 41-100.

I need to note that of the $200 million or so in increases in the education budget statewide, close to $30 million was caused by the legislature’s decision last year to fund universal school lunches. I mention it because I supported that decision and need to be transparent about it. Unlike some types of constituent input in the form of cut-and-paste emails, I heard thoughtful and persuasive direct arguments in support from local residents. We knew that decision would be borne by the Education Fund.

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Lots To Come

The Senate passed its version of the budget this past week, with numerous changes from the House bill. That signals that we are on schedule for ending the session by the end of the second week in May, because it takes about two weeks to reconcile differences. There are too many differences to sort out quickly. The Senate does rely on significantly fewer tax increases. It also pared back the House expansion of the hotel emergency housing program.

Although it budgeted a lower level than the House for the increase in support for Medicare cost-sharing for low-income elder Vermonters, it did still support the need for some increase. These Vermonters actually experience a significant drop in health care support when they go onto Medicare. I was glad to see it included, as it is something I have been fighting for.

These two weeks will see bills passing at dizzying speed. Many controversial bills I described in updates throughout the session are coming back from the Senate with significant changes, so new decisions (are they better? worse?) will need to be made before we wrap up. Among those controversial bills include the changes to the Act 250 process and whether it will help or hurt housing development (H.687); the changes to the Renewable Energy Standard (H.289); and Fish and Wildlife Board changes (S. 258). Still in play in the Senate but with time running out is my Right to Repair bill for agricultural equipment (H. 81).

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Right Person, Right Timing

One little “add on” in the Senate Transportation bill was $2 million to purchase a large parcel of land in Berlin for a new state central garage. The old one was destroyed in the July flood and it would be senseless to rebuild on the same flood plain. I got a word of alarm from a resident last weekend: The land is a 23-acre piece of the state-designated town center that has been in development by Berlin for years. The hope has been that it would be a growth area for desperately needed multi-family housing.

I got in touch with Sen. Andy Perchlik who was well positioned by being both one of our Washington County Senators and the Chair of the Transportation Committee. It turned out the bill was already up for a vote on the Senate floor, usually too late to initiate any change. But Sen. Perchlik got a day’s delay on the bill to hear from both Town Administrator Ture Nelson and the Secretary of the Agency of Transportation, Joe Flynn.

There was quick consensus that though the money should still be appropriated, it shouldn’t be tied to a designated piece of land. That will allow the time and leeway for AOT to work with Berlin to assess the best options for moving forward. The amendment was made on the Senate floor the next day. Although the parcel seems to be well suited for the state garage, Flynn said AOT has no desire to be somewhere it’s not wanted and is in strong agreement that housing is the state’s highest priority. Rep. Ken Goslant and I were able to sit in to hear the discussion and praise the outcome, and I’ve talked to the House Transportation Committee to ensure smooth support there.

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Congrats

This year’s class of new Eagle Scouts were presented on the House floor this week, and it was a joy to see one of our own on the list, Jonathan Andrew Tenney of Northfield!

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Thank you for your support and the honor of representing you. Rep. Goslant and are available anytime to hear your concerns and input at kgoslant@leg.state.vt.us or adonahue@leg.state.vt.us. My archive of legislative updates is available at representativeannedonahue@blogspot.com.

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