An act relating to a regenerative economy

BILL AS INTRODUCED H.868 2020 Page 1 of 13 VT LEG #344726 v.1 H.868 1 Introduced by Representatives Cina of Burlington, Burke of Brattleboro, 2 Chesnut-Tangerman of Middletown Springs, Colburn of 3 Burlington, Gonzalez of Winooski, Hooper of Montpelier, 4 Hooper of Randolph, Hooper of Burlington, Kornheiser of 5 Brattleboro, Masland of Thetford, O’Sullivan of Burlington, 6 Rachelson of Burlington, Ralph of Hartland, Sheldon of 7 Middlebury, and Sullivan of Burlington 8 Referred to Committee on 9 Date: 10 Subject: Economic development; climate change; regenerative economy 11 Statement of purpose of bill as introduced: This bill proposes to require the 12 State to develop a regenerative economy roadmap by 2023. 13 An act relating to a regenerative economy 14 It is hereby enacted by the General Assembly of the State of Vermont: 15 Sec. 1. LEGISLATIVE INTENT 16 (a) It is the intent of the General Assembly to build a regenerative 17 economy. A regenerative economy is an economic system that works to 18 regenerate natural and human resources. The world is facing climate 19 emergencies, mass extinction, and ecological collapse as a consequence of 20 BILL AS INTRODUCED H.868 2020 Page 2 of 13 VT LEG #344726 v.1 human economic activity over the past 400 years. These activities did not 1 account for the full impact of the economy on the environment and on society. 2 In order to survive these changes, Vermont must build resiliency and create a 3 roadmap through a just transition from an extractive economy to a new 4 economy that repairs and restores the Earth. 5 (b) In developing a regenerative economy, Vermont will engage people in 6 their local communities to solve problems and find ways to combine solutions 7 for existing statutory goals, such as universal recycling, greenhouse gas 8 reduction, and wastewater management. Present and future economic 9 development should always account for social equity and environmental 10 protection and the ecological and social well-being of all people and all life. 11 (c) A regenerative economy will transition away from practices that engage 12 in extraction of natural resources and will instead advance ecological 13 restoration and protect biodiversity by both protecting and regenerating natural 14 resources. The dynamics of the workforce and the workplace will shift from 15 exploitation to cooperation as human potential is nurtured and human 16 resources are regenerated. By relocalizing most production and consumption, 17 an economy will be built that can withstand and adapt to environmental, social, 18 and technological changes. 19 (d) Economic control should be rooted in local communities, and people 20 should have increased power over the decisions that affect their lives. The 21 BILL AS INTRODUCED H.868 2020 Page 3 of 13 VT LEG #344726 v.1 regenerative economy should retain and restore cultures and traditions, while 1 recognizing that some cultural practices have been harmful and may need to 2 adapt for the greater good. There will not be economic justice without racial 3 justice and social equity, and the new economy must recognize and rectify the 4 intersection of systemized oppressions. Vermont must build the foundation of 5 new economic and social systems that create economic opportunity and high 6 quality of life for all people, that build public assets and the commons, and that 7 empower people to exercise self-determination and freedom. All can live well 8 in balance with one another. 9 Sec. 2. 1 V.S.A. chapter 24 is added to read: 10 CHAPTER 24. REGENERATIVE ECONOMY PLAN 11 § 901. REGENERATIVE ECONOMY 12 The purpose of this chapter is to facilitate Vermont’s transition to a 13 regenerative economy. A regenerative economy is an economic system that 14 works to regenerate natural and human resources. Vermont shall achieve a 90 15 percent regenerative economy on or before December 31, 2043. In order to 16 build a regenerative economy by 2043, Vermont needs a Regenerative 17 Economy Roadmap. This Roadmap shall be built from the ground up by 18 Peoples’ Assemblies and will be based on regional and State regenerative 19 economy plans. Local communities need to assess and regularly monitor their 20 strengths, needs, challenges, and goals. The State shall assist local 21 BILL AS INTRODUCED H.868 2020 Page 4 of 13 VT LEG #344726 v.1 communities in the coordination of plans and will appropriate resources in 1 ways that support regenerative economy plans and the Regenerative Economy 2 Roadmap. All State investments shall be considered in relation to the 3 Regenerative Economy Roadmap, and funding streams should be adjusted over 4 time to achieve a just transition to a new economy based on the Roadmap. 5 § 902. REGIONAL REGENERATIVE ECONOMY PLANS 6 (a) The State shall be divided into 11 regions based on the geographic areas 7 of the regional planning commissions. Each region shall create a regenerative 8 economy plan. Each region shall form a People’s Assembly to lead the 9 drafting of the plan. 10 (b) Each of the 11 regional planning commissions shall assist their 11 respective region by facilitating the People’s Assembly. The regional planning 12 commission shall use a robust public process in the Peoples’ Assembly, 13 engaging all aspects of local communities, including businesses, advocates, 14 activists, nonprofits, government officials, health and human services 15 organizations, education groups, and others. 16 (c) The plan shall: 17 (1) assess the strengths, weaknesses, needs, and resources of the region; 18 (2) address food production so that Vermont will be able to feed the 19 State year round, through increasing productivity of existing land, eliminating 20 BILL AS INTRODUCED H.868 2020 Page 5 of 13 VT LEG #344726 v.1 food waste, promoting the recycling of food, and developing indoor growing 1 facilities; 2 (3) prevent waste from being generated in every sector of the economy; 3 (4) incentivize sustainable design through materials management 4 systems that create products in ways that allow the return of component 5 materials back into the manufacturing stream once their useful life is over, with 6 a preference for highest and best uses; 7 (5) minimize reliance on waste disposal, landfilling, and incineration 8 and improve waste management plans; 9 (6) reduce energy consumption, greenhouse gas emissions, and other 10 adverse environmental impacts; 11 (7) encourage local, publicly owned energy generation and associated 12 waste containment, with plans to transition from fossil fuels to renewable 13 energy sources; 14 (8) support the achievement of existing statutory goals regarding 15 environmental protection; 16 (9) guide local and State agencies to make all policy and purchase 17 decisions through the lens of its effect on reaching our 90 by 50 State 18 Comprehensive Energy Plan goals; 19 (10) move beyond the Universal Recycling Law; 20 BILL AS INTRODUCED H.868 2020 Page 6 of 13 VT LEG #344726 v.1 (11) build a circular economy by providing economic and other 1 incentives for the colocation of businesses and manufacturers in designated 2 areas to share resources, reduce waste, and allow more productive use of waste 3 and by-products; 4 (12) encourage the adoption of biologically inspired production 5 processes and materials; 6 (13) develop land use policy that utilizes old sites first, before creating 7 new ones; 8 (14) restore ecosystems whenever possible; 9 (15) rectify the impact of systemic oppression; 10 (16) minimize the waste of human resources and potential by increasing 11 opportunities for meaningful employment; providing flexible pathways for 12 education, training, and employment; and identifying underutilized segments 13 of the workforce; 14 (17) consider ways to improve population health and provide universal 15 access to health care and wellness support, including a healthy physical, 16 mental, emotional, and social environment; 17 (18) upgrade and weatherize all existing housing stock before building 18 new units, use all available housing stock before building new units, use land 19 more efficiently while protecting ecosystems, prevent waste in housing 20 infrastructure, and build systems of housing to the highest environmental 21 BILL AS INTRODUCED H.868 2020 Page 7 of 13 VT LEG #344726 v.1 standards that ensure access to housing that is affordable based on income 1 level; 2 (19) develop transportation options with minimum harm and maximum 3 benefit to the environment and to people; 4 (20) demonstrate flexibility and adaptability to rapid social, ecological, 5 and technological changes; 6 (21) prepare for the impact of climate and other ecological emergencies 7 through review of existing disaster planning and through development of 8 greater local resilience; 9 (22) suggest priorities for State spending and investment of State 10 resources into a regenerative economy; 11 (23) explore strategies for Government agencies at all levels to divest 12 their holdings of fossil fuel-related investments; 13 (24) identify possible revenue streams and ways to fund the transition to 14 a regenerative economy, including public banking options; 15 (25) create possible incentives to increase productivity, efficiency, and 16 resilience of the local and State economy; 17 (26) recommend clear benchmarks to measure progress, with deadlines 18 for various steps; and 19 BILL AS INTRODUCED H.868 2020 Page 8 of 13 VT LEG #344726 v.1 (27) take into account existing plans, like Regional Energy Plans and 1 Hazard Mitigation Plans, and consider ways to maximize existing federal 2 benefits and subsidies to build local resilience and independence. 3 (d) The plan shall identify how the goals will be met on schedule, including 4 30 percent by 2030, 60 percent by 2037, and 90 percent by 2043. 5 (e) The plan can be amended at any meeting that has been properly noticed 6 upon a majority vote of Assembly members. 7 (f) The plan shall expire every year and either be readopted or amended. 8 § 903. PEOPLE’S ASSEMBLY 9 (a) Each of the 11 regions shall form a People’s Assembly. The local 10 regional planning commission shall facilitate and lead each meeting. Members 11 of the Assembly shall include, but not be limited to: 12 (1) a representative from the regional planning commission; 13 (2) a representative from local solid waste districts in the regions; 14 (3) a representative from the regional development corporation in the 15 region; and 16 (4) a representative from each municipality in the region. 17 (b) Each People’s Assembly shall hold public meetings in order to develop 18 the regenerative economy plan for the region. Notice of each meeting shall be 19 posted for two weeks before the meeting. 20 BILL AS INTRODUCED H.868 2020 Page 9 of 13 VT LEG #344726 v.1 (c) The Assembly shall provide notice of each meeting to each of the 1 following: the local District Environmental Commission, the local water 2 districts, the local municipal energy planning committees, business owners in 3 the region, school boards in the region, faith communities in the region, 4 nonprofit organizations in the region, and community groups in the region. 5 (d) The Assembly shall meet at least nine times before December 31, 2021 6 and at least once per year starting in 2022. 7 (e) The Assembly shall post drafts of the plan to be inspected and reviewed 8 by the public on the website of the local regional planning commission. 9 (f) The Assembly shall engage in the planning process under section 904 of 10 this title. 11 (g) The Assembly shall adopt its own rules for conducting meetings. 12 § 904. STATE AGENCY REGENERATIVE ECONOMY PLANS 13 (a) Every State agency shall create a regenerative economy plan. The plan 14 shall address the same issues as the regional regenerative economy plans as 15 required under subsection 902(c) of this title. 16 (b) Each agency shall hold at least two public hearings on the plan. 17 (c) On or before January 15, 2021, each agency shall submit a draft plan to 18 the General Assembly for review. 19 BILL AS INTRODUCED H.868 2020 Page 10 of 13 VT LEG #344726 v.1 § 905. REGENERATIVE ECONOMY COUNCIL 1 (a) There is created the Regenerative Economy Council. The Council shall 2 be responsible for creating the Vermont Regenerative Economy Roadmap, as 3 established under section 906 of this title. 4 (b) The chair of the Council shall be the Lieutenant Governor or designee. 5 The Council shall consist of 34 members as follows: 6 (1) The Secretary of Administration or designee. 7 (2) The Secretary of Agriculture, Food and Markets or designee. 8 (3) The Secretary of Commerce and Community Development or 9 designee. 10 (4) The Secretary of Digital Services or designee. 11 (5) The Secretary of Education or designee. 12 (6) The Secretary of Human Services or designee. 13 (7) The Secretary of Natural Resources or designee. 14 (8) The Secretary of Transportation or designee. 15 (9) One representative from each of the 11 People’s Assemblies. 16 (10) Five members appointed by each the Governor, House, and Senate. 17 In making these appointments, the Governor, House, and Senate shall ensure 18 that the membership be diverse and include members from all regions of the 19 State, members with various cultural and economic backgrounds, and members 20 with experience in the following areas: energy, technology, environmental 21 BILL AS INTRODUCED H.868 2020 Page 11 of 13 VT LEG #344726 v.1 advocacy, agriculture, natural resources, housing, workforce development, 1 labor, and human rights. Members shall be appointed for four-year terms. 2 Any vacancy occurring in the membership of the Council shall be filled by the 3 appointing entity for the unexpired portion of the term. 4 (c) The Council shall monitor the regional and agency planning processes. 5 The Council shall review all regenerative economy plans prepared in 6 accordance with sections 902 and 904 of this title. 7 (d) The Council may appoint legal counsel and administrative personnel, as 8 it finds necessary in carrying out its duties, unless the Governor shall otherwise 9 provide. 10 (e) On or before December 31, 2021, the Council shall review all of the 11 State agency plans. 12 (f) The Council shall provide support to the People’s Assemblies and the 13 State agencies in the development of the regenerative economy plans. 14 (g) The Council shall request funding from the General Assembly to 15 support the planning efforts. 16 § 906. REGENERATIVE ECONOMY ROADMAP 17 (a) The Regenerative Economy Roadmap shall be created by the 18 Regenerative Economy Council. The Roadmap shall be a 20-year plan and it 19 shall guide all State investment so that the State obtains a 90 percent 20 regenerative economy by 2043. 21 BILL AS INTRODUCED H.868 2020 Page 12 of 13 VT LEG #344726 v.1 (b) The Roadmap shall address the same criteria as the regenerative 1 economy plans as established in subsection 902(c) of this title. 2 (c) The Roadmap shall be consistent with all of the regional and State 3 agency regenerative economy plans. 4 (d) All appropriations made by the General Assembly shall align with the 5 Roadmap. 6 § 907. ENFORCEMENT 7 (a) The Attorney General may investigate violations of this chapter. If the 8 Attorney General finds that a person has violated or is violating this chapter, 9 the Attorney General may bring an action in the Civil Division of the Superior 10 Court of Washington County or in the Civil Division of the Superior Court of 11 any county where venue lies. 12 (b) Any person aggrieved by a violation of this chapter may bring an action 13 in the Civil Division of the Superior Court of Washington County or in the 14 Civil Division of the Superior Court of the county in which the person resides 15 or has his or her personal place of business. 16 (c) An action brought pursuant to this section may seek injunctive relief, 17 punitive damages in the case of a willful violation, and reasonable costs and 18 attorney’s fees. 19 § 908. REGENERATIVE ECONOMY GRANT PROGRAMS 20 BILL AS INTRODUCED H.868 2020 Page 13 of 13 VT LEG #344726 v.1 (a) The Secretary of Commerce and Community Development shall 1 establish the Circular Economy grant program. This program shall provide 2 grants to encourage site sharing and the development of circular 3 manufacturing. 4 (b) The Secretary of Commerce and Community Development shall 5 establish the Systems Transformation Grant Program. The program shall 6 provide grants to State agencies to develop public and private partnerships to 7 solve Vermont’s greatest social and ecological problems. 8 (c) The Secretary of Commerce and Community Development shall 9 establish the Regenerative Economy Grant Program. This program shall 10 provide grants to businesses that plan to address the regenerative economy 11 criteria established in subsection 902(c) of this title. 12 (d) On or before July 1, 2022, the Secretary of Commerce and Community 13 Development shall adopt procedures for the content of the grant application 14 and criteria for making awards for the grants established under this section. 15 Sec. 3. EFFECTIVE DATE 16 This act shall take effect on July 1, 2020. 17