H.289 would rewrite Global Warming Solutions Act, move Climate Council to advisory role and set net-zero date

Legislative counsel told the House Energy and Digital Infrastructure Committee on March 14 that H.289 would rewrite large portions of the Global Warming Solutions Act and change how the state develops and implements its climate strategies.

Ellen Tchaikovsky, Office of Legislative Council, said the draft would replace some existing statutory percentage reduction targets with a requirement that Vermont “achieve net zero emissions of greenhouse gases … on or before January 1, 2035.” The draft removes several specific interim reduction numbers from statute and instead focuses on achieving net-zero emissions across all sectors by 2035.

The bill would change the role and composition of the Vermont Climate Council. Under the draft, the council would be explicitly advisory; the secretary of natural resources (or designee) would chair the council; and the council’s membership and appointment authorities would be reorganized, moving several appointments to the governor and consolidating legislative appointments under the general assembly rather than separate legislative leaders. Tchaikovsky told the committee these edits narrow the council’s statutory authorities and transfer analytic, planning, and rule-development responsibilities to the secretary and state agencies.

The draft requires the Secretary of Natural Resources, in collaboration with other agencies, to deliver a companion implementation strategy and timeline for achieving net zero by December 15, 2026. The companion strategy would be required to include long-term funding mechanisms and an “aggressive yet achievable timeline” for meeting the net-zero requirement; the draft sets an effective date in July 2025 for the statutory changes.

The bill also revises rulemaking language. It would require the secretary to consider and adopt rules under the Administrative Procedure Act (3 V.S.A. chapter 25) but adds qualifying language that the secretary shall do so in the secretary’s discretion and adopt rules that are “cost-effective, practicable and designed to achieve” the 2035 net-zero target. Committee members noted this softening of statutory direction compared with existing language that more strongly tied agency rulemaking to the Climate Council’s work and to statutory targets.

Committee members asked multiple questions about definitions (for example, the bill’s use of the word “affordable” and the change from set interim targets to a net-zero date), the legal effect of changing the council’s role, and timing of the plan and implementation documents. Tchaikovsky and members agreed the committee should take testimony from the Climate Office, the Department of Public Service, and the Secretary of Natural Resources to understand how the plans, rules, and the new companion implementation strategy would interact.

The committee did not vote on the draft. Members said they plan extensive testimony sessions on the climate action plan and comprehensive energy plan in coming weeks before making policy choices in committee.