When Vermont voters threw out a historic number of Democrats in the November 2024 elections, including the chair of the Senate Natural Resources & Energy Committee chair, breaking the supermajorities in both chambers of the legislature, a very big reason was the Clean Heat Standard. That was a signal that nobody apart from the special interest groups (and they are powerful) who will benefit financially from this potentially humongous tax on fossil-based home heating fuels wants this policy. Side note: it was -9 degrees this morning.
But sometimes unpopular policies are necessary and politicians should fight for them. This is not the case with the Clean Heat Standard. In December, following the election, the Public Utilities Commission, the entity charged with standing up the law, issued a report stating that the Clean Heat Standard was, and they put it in politically polite terms, “Not well suited for Vermont.” The reasons they cited were that it was too expensive, too complicated, ripe for fraud, and would have a regressive, negative financial impact on lower income Vermonters. In other words, it just plain stinks. They urged the legislature not to move forward with it.
Vermonters expected quick action in 2025 to wipe Act 18 (the Clean Heat Standard law) from the books. That has not happened.
Republicans in the House and Senate put forward a number of bills to repeal Act 18. They held a press conference in the first week of the session stating that repeal of the Clean Heat Standard was a priority issue. Governor Scott put forward a bill (H.289) that would restructure all of Vermont’s climate policies, including a repeal of the Clean Heat Standard. But the Democrats, who still hold majorities in both chambers, have so far refused to take up the bills – nor have they put forward any bills of their own to clean up their mess. Instead, they’ve hemmed and hawed and slow walked and stonewalled any discussion of the issue.
So, frustrated Senate Republicans, led by Senator Terry Williams (R-Rutland) attempted a procedural move to relieve the Senate Natural Resources & Energy Committee of S.68, an act relating to repealing the Affordable Heat Act, and bring it to the full senate floor for an up or down vote. Democrats blocked the move on a party line 17-13 vote.
In doing so, Democrats clutched their pearls over “procedure!” In a phrase, give me a break.
Senator Anne Watson (D/P-Washington), who now chairs Senate Natural Resources & Energy following the ouster by the voters of the former chair and CHS champion, Chris Bray (D-Addison), “I rise to oppose this motion to move the bill into the floor for action, sidestepping the committee process, and indeed short circuiting the democratic process.”
In fact, it is Watson and her party who are short circuiting the democratic process by not allowing that process to take place at all, ignoring the clearly expressed sentiment of the voters (you know, the key actors in “our democracy”). In fact, the rule Williams and the Republicans utilized to bring the repeal vote to the floor is there on the books precisely for situations such as this. It is part of the process, written into the rules for a reason, not a circumvention of the process.
Watson went on, “I would also add, let’s ensure that we are able to have constructive conversations based on the facts that come through committee testimony.”
A couple of points. First, and a big one, she’s not taking any testimony on the repeal bill. Her/Their strategy seems to be “we can’t vote on the repeal until we take testimony, and by not taking any testimony we can never have a vote to repeal the law!” Yeah, that’s not going to fly. Second point, what more testimony do you need to hear about this giant turd to know it needs to be repealed?
Vermont taxpayers have spent over $2 million on studies of the Clean Heat Standard. Thousands of Vermonters rose up in opposition to it when you were passing it. You ignored them. The voters gave you a beating over it. The PUC says it won’t work. Even Democrats are on the record saying that the key component of the law, the carbon “credit” tax scheme won’t go forward due to continued public opposition, and the elements of the law that are in effect today have major structural flaws. What further testimony are you waiting to hear?
The Republican effort in the Senate on February 25 had an important timing element to it. “Crossover” – the date all bills need to be passed out of one chamber and sent to the other for consideration – is March 14th. By refusing to take up any legislation to repeal the Clean Heat Standard before crossover means there is no chance repeal can happen this year. Which, of course, is the Democrats’ agenda. Do nothing and keep the law on the books so they can pull the trigger on the Clean Heat carbon tax sometime in the future, hopefully after the voters have forgotten about it.
But, hey, all that said, if the Democrats really want to kick this can into 2026, another election year, what can I say. Go for it! Republicans could use another six senators and another twenty in the House.
If you can’t make the event, please take a minute to call the State House Sergeant at Arms at 802-828-2228 and leave a message for your Senator(s) and Representative(s) to repeal the Clean Heat Standard this year. Thanks!
