ANR and Treasurer tell committee climate‑superfund implementation needs outside contracts and legal support

Agency of Natural Resources officials and the treasurer’s office told the Natural Resources & Energy Committee that implementing Act 122 — the state’s climate‑superfund law — will require significant outside technical and legal support, and that the executive branch is monitoring federal legal activity targeting state climate laws.

Billy Koster, director of planning and policy at the Agency of Natural Resources (ANR), said the agency and the treasurer performed a feasibility assessment after requests for information and determined dedicated contract support and at least two limited‑service positions are needed to complete the work the law requires. "The treasurer's office needs $700,000 for contract support and $125,000 for a new limited service position to perform the cost assessment," Koster said. "ANR needs $500,000 for contracts and $175,000 for a new attorney position" to handle anticipated legal work.

Koster told the committee that ANR and the treasurer delivered a team‑building report in January identifying those staffing and contract needs. He said the House chose not to appropriate funds for implementation and that Governor Scott allowed Act 122 to become law without his signature; in that message the governor acknowledged the feasibility report and the legislature’s opportunity to reassess the law based on the report’s findings.

Rachel Stevens, associate general counsel at ANR, described proposed technical amendments to the law’s definition of "covered greenhouse gas emissions." "We’re not proposing anything new," Stevens said. "Our minor amendments are just to make sure that with the new definition of covered greenhouse gas emissions ... it's consistent." Stevens said the change aligns Vermont's definition with recent amendments in New York and shifts how emissions are calculated to include emissions tied to extraction and refining activity that occur slightly after a covered period.

Officials also told the committee that the agency is monitoring a federal executive order issued on April 8 that directed the U.S. Attorney General to "take all appropriate actions to stop enforcement of state laws" cited by the order; ANR said it is coordinating with the Attorney General and the treasurer on legal monitoring. Koster referenced lawsuits filed in December by the American Petroleum Institute and the U.S. Chamber of Commerce challenging Act 122 implementation.

Committee members asked about the substance of contracted technical work. ANR and the treasurer said contractors would be needed to develop and verify cost‑allocation methodologies, vet public datasets such as the Carbon Majors database and corporate filings, and to produce the technical cost assessments and liability formulas the statute requires.

Presenters said some of this work could be delayed to the next fiscal year but that legal support is urgent given the external challenges. The committee did not take a formal funding action in the transcripted discussion.

No formal motions or votes on Act 122 implementation funding were recorded in the provided transcript segment.