Senate Agriculture committee approves committee bill incorporating S.100, sets stakeholder timeline to address EPA CAFO concerns

The Senate Agriculture Committee voted 5-0 Friday, March 14, 2025, to approve a committee bill that incorporates S.100 and directs state agencies to convene an agricultural stakeholder group and produce a report intended to address U.S. Environmental Protection Agency concerns about concentrated animal feeding operation (CAFO) permitting in Vermont.

Committee counsel Michael O'Brien, state counsel, told members the draft before them (DR Request 25-0904) incorporated S.100 beginning on page 18 and included two date changes that take effect later in the draft. The committee-approved change moves the required start for the stakeholder group to Sept. 1, 2025, and adjusts the agency report deadline from Jan. 15, 2026, to Feb. 15, 2026.

The change was described as a scheduling accommodation to give the Agency of Natural Resources and the Agency of Agriculture, Food and Markets more time to form the stakeholder group and compile its report. O'Brien also summarized the intended scope: the stakeholder group is to focus on agricultural waterbody issues and may include livestock farmers, farm and watershed groups and agricultural consultants; the statutory language uses “including but not limited to” when listing participants.

Committee discussion emphasized that the provision is intended to support pre-rulemaking engagement rather than immediately adopting new rules. O'Brien said federal EPA CAFO regulations set a baseline that states must meet; the agencies will need to assess which portions of federal rules apply to Vermont and may cross-reference existing state law on topics such as mortality composting and other farm practices. He warned that formal rulemaking typically takes longer than staff and members expect—“the fastest you can do rulemaking, if you do everything exactly, according to the timeline is 5 and a half [months],” and more commonly takes eight to 10 months or longer if controversial issues arise and the Legislative Committee on Administrative Rules (LCAR) raises objections.

An unnamed senator raised concern that opening the process to stakeholder groups could allow outside special-interest input that might add requirements beyond the federal CAFO standards and complicate compliance for farmers. O'Brien and other members responded that pre-rule stakeholder engagement is a common way for agencies to surface and work through issues before formal rulemaking and to reduce the likelihood of prolonged LCAR disputes.

At the committee vote, Senator Talaamore, Senator Heffernan, Senator Meggers, Senator Plunkett and Senator Engle recorded “yes” votes; the clerk reported the tally as 5 yes, 0 no, 0 absent. Committee staff were directed to provide a clean copy of the committee bill to legislative drafting operations; committee members discussed next steps including referral to finance and additional committee review.

Committee members repeatedly described the approved text as a starting point that is likely to change as the House and other stakeholders review the measure. Members mentioned related items that may come before the committee in coming weeks, including a new bill labeled S.118 and separate funding requests for a virtual fence project and for the Vermont Food Bank and grain farmers.

The committee action advances the bill out of the Senate Agriculture Committee; further changes are possible as the measure moves through drafting, finance and any subsequent committee or floor consideration.