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Amendment would freeze federal references in state rules through Jan. 1, 2028, unless agencies act
Summary
The H.397 committee amendment would add a new Administrative Procedures Act provision that preserves state rules that have incorporated federal regulations as they existed on Jan. 1, 2025, until January 1, 2028, or until the state rule is next amended. Agency notice and discretion to amend remain preserved.
May 8, 2025 — The committee reviewed a draft amendment to the Administrative Procedures Act that would preserve any federal regulations incorporated by reference into a Vermont rule as of Jan. 1, 2025, until Jan. 1, 2028, or until the state rule is next amended, whichever occurs sooner.
Why it matters: Under the amendment, state agency rules that currently rely on federal regulations would not automatically change if the corresponding federal rule is later repealed or amended between Jan. 1, 2025, and Jan. 1, 2028. Agencies would be required to post notice of incorporated regulations on their websites. The provision aims to “insulate” state rules from interim federal regulatory changes while agencies have time to review and, if desired, amend state rules.
Committee members discussed the text at length. One senator said she was initially confused by the section but then supported it as “a pressing pause on an impact on state rules from changes in federal regulation.” Tucker (legislative counsel) said the language mirrors similar provisions in other bills and jurisdictions and noted it preserves agency discretion to adopt or amend state rules under normal administrative procedures.
The amendment also includes a sunset or repeal provision: it would repeal the temporary insulation (the new section) effective Jan. 1, 2028, unless the committee elects a different effective date. Committee members discussed whether to extend the period to Jan. 1, 2029, and said they would follow up with Senator Watson, who requested the language.
No formal votes were recorded in the transcript excerpt.
