Agency proposes 'freeze' of federal rules incorporated by reference to protect Vermont programs

Agency staff told the committee they want statutory language that would preserve the versions of federal rules Vermont has incorporated by reference so state programs do not lapse if the federal government repeals corresponding rules.

An agency representative explained that many Vermont statutes and agency rules "incorporate by reference" federal standards—examples include federal drinking water standards—and that if the federal rules were changed or repealed, Vermont's regulatory programs could be left without an operative standard. The agency proposed language that would treat the last‑adopted federal standard as the state standard until the state amends its rule or statute. "The proposal from the agency... would provide that version of the statute or rule that's incorporated by reference when it was last adopted prior to which repeal would still be good law in Vermont, until it was amended...," the representative said.

Committee members discussed the scope of the proposal. Staff suggested limiting the freeze to the agency’s jurisdiction rather than creating an across‑the‑board, executive‑branch rule, because federal law touches many programs (for example SNAP or FEMA programs) and creating a universal freeze could have broad consequences. The committee also discussed practical steps agencies must take, such as keeping paper copies of incorporated federal materials for public access.

Senate staff indicated they would incorporate a version of the freeze proposal into H.231 (or H.319 for a broader approach) tailored to the Natural Resources agencies’ jurisdiction, with the option for a broader, government‑wide approach later if needed.

No formal vote was taken; staff were directed to produce draft language that limits the freeze to the jurisdiction covered by the committee’s bills and to coordinate with other agencies if a wider approach is requested.