Notices for Week of: AUGUST 18, 2005
PROPOSED STATE RULES
By law, public notice of proposed rules must be given by publication in newspapers of record. The purpose of these notices is to give the public a chance to respond to the proposals. The public notices for administrative rules are now also available online at http://vermont-archives.org/aparules/ovnotices.htm The law requires an agency to hold a public hearing on a proposed rule, if requested to do so in writing by 25 persons or an association having at least 25 members.
To make special arrangements for individuals with disabilities or special needs please call or write the contact person listed below as soon as possible
To obtain further information concerning any scheduled hearing(s), obtain copies of proposed rule(s) or submit comments regarding proposed rule(s), please call or write the contact person listed below. You may also submit comments in writing to the Legislative Committee on Administrative Rules, State House, Montpelier, Vermont 05602 (828-2231).
Natural Resources Board: Act 250 Rules.
Vermont Proposed Rule: 05P038
AGENCY: Natural Resources Board: Land Use Panel
CONCISE SUMMARY: The Natural Resources Board and the Land Use Panel are proposing the adoption of a new package of procedural and substantive rules to guide the operations of the district environmental commissions in the implementation of Act 250, Vermont's Land Use and Development Control Law. The proposed rules echo the Procedural Rules of the former Environmental Board and have been revised to comply with Act 115 of the 2003 Adjourned Session of the Vermont Legislature. In addition, the terms "natural gas", "distribution lines" have been proposed for addition to Rule 70 upon petition of Vermont Gas Systems, Inc. New Rule 80 is also being proposed in order to provide greater predictability in the review of projects located on primary agricultural soils and includes a "purchase of development rights" to promote greater density in growth areas. The existing Environmental Board Rules of Procedure are proposed for elimination in their entirety and the proposed Natural Resources Board Rules for Act 250 will supercede them.
TYPE OF PERSONS AFFECTED: Developers, applicants for permits, business entities, consultants, engineers, attorneys, municipalities, municipal planning commissions, regional planning commissions, any affected state agency, and other interested persons involved in Act 250 proceedings.
COST BENEFIT ANALYSIS: Since the majority of these rules are procedural in nature and do not vary significantly from the existing Environmental Board rules of Procedure, it is not expected that they will have any direct economic impact on citizens of the State. Rule 80, affecting the review of developments and subdivisions on primary agricultural soils, will have an economic impact on developers and applicants for Act 250 permits if they are required to purchase development rights from the Vermont Housing and Conservation Board in order to increase the density of their projects in growth areas. However, the proposed mitigation ratios are less than ratios currently used in the Act 250 process in order to provide incentives to locate projects in designated growth areas.
SCHEDULED HEARINGS: 1:00 PM on September 9, 2005 - Basin Harbor Club, Vergennes, VT.; and , 1:00 PM on September 27, 2005 - Holiday Inn, Route 7 (South), Rutland, VT.
DEADLINE FOR PUBLIC COMMENT: October 7, 2005.
FOR FURTHER INFORMATION, CONTACT: Michael Zahner, Executive Director, VT Natural Resources Board, National Life Records Center Building Drawer 20, Montpelier, VT 05620 802-828-3300 e-mail: Michael.Zahner@state.vt.us
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Natural Resources Board Rules of Procedure
Vermont Proposed Rule: 05P039
AGENCY: Natural Resources Board: Land Use Panel
CONCISE SUMMARY: The Natural Resources Board (NRB) was created by Act 115 of the 2003 Adjourned Session of the Vermont Legislature. The Environmental Board and the Water Resources Board were terminated effective February 1, 2005 and the NRB became effective on the same date. With its expanded rulemaking and environmental policy authority, the NRB needs procedural rules to guide its operations which no longer involve contested case proceedings since all Act 250 and Agency of Natural Resources appeals now go to the Environmental Court. The proposed rules have been modeled largely on the Procedural Rules of the former Water Resources Board. The existing Environmental Board Rules of Procedure and the Water Resources Board Rules of Procedure are proposed for eliminations since the new NRB Rules will supercede them.
TYPE OF PERSONS AFFECTED: Developers, applicants for permits, business entities, consultants, engineers, attorneys, municipalities, municipal planning commissions, regional planning commissions, any affected state agency, and other interested persons involved in Act 250 and Water Quality rulemaking and other policy endeavors.
COST BENEFIT ANALYSIS: Since these rules are procedural in nature, it is not expected that they will have any direct economic impact on citizens of the State.
SCHEDULED HEARINGS: 10:00 AM on September 9, 2005 - Basin Harbor Club, Vergennes, VT.; and 10:00 AM on September 27, 2005 - Holiday Inn, Route 7 (South), Rutland, VT.
DEADLINE FOR PUBLIC COMMENT: October 7, 2005.
FOR FURTHER INFORMATION, CONTACT: Michael Zahner, Executive Director, VT Natural Resources Board, National Life Records Center Building, Drawer 20, Montpelier, VT 05620 802-828-3300 e-mail: Michael.Zahner@state.vt.us
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Reduction in the Medicaid Adult Dental Benefit as Authorized by H.516 § 104a (3)
Vermont Proposed Rule: 05P036
AGENCY: Human Services
FOR FURTHER INFORMATION, CONTACT:
For copies of the rule: www.dsw.state.vt.us/rulechange.htm or contact Esther Perelman, (802) 879-5933; estherp@ahs.state.vt.us; OVHA, 312 Hurricane Lane, Suite 201, Williston, VT 05495 Fax: (802) 879-5962
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- If you have general questions about the rulemaking process, please contact
- Louise Corliss by e-mail at or by phone 802-828-2863
