Bill Summary – FastDemocracy

BILL AS INTRODUCED                                                      S.311
                                                            Page 1 of 58
                                     S.311
 Introduced by Committee on Economic Development, Housing and General
                 Affairs
 Date:
 Subject: Conservation and development; land use; housing; Act 250
 Statement of purpose of bill as introduced: This bill proposes to make multiple
 changes related to housing, including land use planning, Act 250, municipal
 zoning, taxes, and housing incentives and programs.
   An act relating to bringing everyone home
 It is hereby enacted by the General Assembly of the State of Vermont:
 Sec. 1. SHORT TITLE
   This act shall be known and may be cited as the “BE Home Act.”
                               * * * Act 250 * * *
 Sec. 2. 10 V.S.A. § 6001 is amended to read:
 § 6001. DEFINITIONS
   As used in this chapter:
                                      ***
         (3)(A) “Development” means each of the following:
                                      ***
                                                                     VT LEG #371914 v.9
     BILL AS INTRODUCED                                                         S.311
                                                               Page 2 of 58
               (iv)(I) The construction of housing projects such as cooperatives,
 condominiums, or dwellings, or construction or maintenance of mobile homes
 or mobile home parks, with 10 75 or more units, constructed or maintained on
 a tract or tracts of land, located within a municipality with permanent zoning
 and subdivision bylaws, in an area served by municipal sewer and water
 infrastructure as defined by 24 V.S.A. § 4303, and owned or controlled by a
 person, within a radius of five miles of any point on any involved land and
 within any continuous period of five two years. However:
                  (I) A priority housing project shall constitute a development
 under this subdivision (iv) only if the number of housing units in the project is:
                     (aa) [Repealed.]
                     (bb) [Repealed.]
                     (cc) 75 or more, in a municipality with a population of 6,000
 or more but less than 10,000.
                     (dd) 50 or more, in a municipality with a population of less
 than 6,000.
                     (ee) [Repealed.]
                     (ff) Notwithstanding subdivisions (cc) through (ee) of this
 subdivision (3)(A)(iv)(I), 10 or more if the construction involves the
 demolition of one or more buildings that are listed on or eligible to be listed on
 the State or National Register of Historic Places. However, demolition shall VT LEG #371914 v.9
     BILL AS INTRODUCED                                                          S.311
                                                                Page 3 of 58
 not be considered to create jurisdiction under this subdivision (ff) if the
 Division for Historic Preservation has determined that the proposed demolition
 will have no adverse effect, will have no adverse effect if specified conditions
 are met, or will have an adverse effect that will be adequately mitigated. Any
 imposed conditions shall be enforceable through a grant condition, deed
 covenant, or other legally binding document.
                 (II) The determination of jurisdiction over a priority housing
 project shall count only the housing units included in that discrete project The
 construction of housing projects such as cooperatives, condominiums, or
 dwellings, or construction or maintenance of mobile homes or mobile home
 parks, with 30 or more units, constructed or maintained on a tract or tracts of
 land owned or controlled by a person, located within a municipality with
 permanent zoning and subdivision bylaws, and within any continuous period
 of two years.
                 (III) Housing units in a priority housing project shall not count
 toward determining jurisdiction over any other project The construction of
 housing projects such as cooperatives, condominiums, or dwellings, or
 construction or maintenance of mobile homes or mobile home parks, with
 10 or more units, constructed or maintained on a tract or tracts of land owned
 or controlled by a person, within a located municipality without permanent
 zoning and subdivision bylaws, and within any continuous period of two years.
                                                                         VT LEG #371914 v.9
     BILL AS INTRODUCED                                                           S.311
                                                                 Page 4 of 58
                                        ***
          (xi) Notwithstanding any other provision of law to the contrary, until
 July 1, 2026, the construction of housing projects such as cooperatives,
 condominiums, dwellings, or mobile homes, with 25 or more units, constructed
 or maintained on a tract or tracts of land, located entirely within a designated
 downtown development district, a designated neighborhood development area,
 a designated village center with permanent zoning and subdivision bylaws, or a
 designated growth center, owned or controlled by a person, within a radius of
 five miles of any point on any involved land and within any continuous period
 of five years. For purposes of this subsection, the construction of four units or
 fewer of housing in an existing structure shall only count as one unit towards
 the total number of units.
                                        ***
          (D) The word “development” does not include:
                                        ***
             (viii)(I) The construction of a priority housing project in a
 municipality with a population of 10,000 or more.
                (II) If the construction of a priority housing project in this
 subdivision (3)(D)(viii) involves demolition of one or more buildings that are
 listed or eligible to be listed on the State or National Register of Historic
 Places, this exemption shall not apply unless the Division for Historic VT LEG #371914 v.9
     BILL AS INTRODUCED                                                         S.311
                                                               Page 5 of 58
 Preservation has made the determination described in subdivision (A)(iv)(I)(ff)
 of this subdivision (3) and any imposed conditions are enforceable in the
 manner set forth in that subdivision.
                (III) Notwithstanding any other provision of law to the
 contrary, until July 1, 2026, the construction of a priority housing project
 located entirely within a designated downtown development district,
 designated neighborhood development area, or a designated growth center
 Hotels and motels converted to permanently affordable housing developments
 as defined in 24 V.S.A. § 4303(2).
                                         ***
       (35) “Priority housing project” means a discrete project located on a
 single tract or multiple contiguous tracts of land that consists exclusively of
 mixed income housing or mixed use, or any combination thereof, and is
 located entirely within a designated downtown development district,
 designated new town center, designated growth center, or designated
 neighborhood development area under 24 V.S.A. chapter 76A. [Repealed.]
                                         ***
 Sec. 3. 10 V.S.A. § 6081 is amended to read:
 § 6081. PERMITS REQUIRED; EXEMPTIONS
                                         ***
                                                                        VT LEG #371914 v.9
     BILL AS INTRODUCED                                                          S.311
                                                                Page 6 of 58
    (t) No permit or permit amendment is required for the construction of
 improvements for an accessory dwelling unit as defined in 24 V.S.A. § 4303.
                                        ***
    (aa) No permit amendment is required for the construction of
 improvements for converting a structure used for a commercial purpose to
 29 or fewer housing units.
    (bb) No permit amendment is required for development or subdivisions,
 located on a tract or tracts of land, owned or controlled by a person, within a
 designated center and within a radius of one-quarter mile of the boundary of a
 designated village center and one-half mile of the boundary of a designated
 center.
 Sec. 4. 10 V.S.A. § 6084(f) is added to read:
    (f) The applicant shall post a sign provided by the District Commission on
 the subject property in a visible location 14 days prior to the hearing on the
 application and until the permit is issued or denied. The District Commission
 shall provide the sign that shall include a general description of the project, the
 date and place of the hearing, the identification number of the application and
 the internet address, and the contact information for the District Commission.
 The design of the signs shall be consistent throughout the State and
 prominently state “This Property has applied for an Act 250 Permit.”
                                                                         VT LEG #371914 v.9
     BILL AS INTRODUCED                                                         S.311
                                                               Page 7 of 58
 Sec. 5. 10 V.S.A. § 6086(d) is amended to read:
    (d) State and municipal permits.
       (1) The District Commission shall not delay issuing a permit under this
 chapter on the grounds that the development or subdivision has not received
 one or more other required State permits or approvals; however, it may include
 a condition that construction may not commence until such other required
 permits or approvals are received.
       (2) The Natural Resources Board may by rule shall allow the acceptance
 of a permit or permits or approval of any State agency with respect to
 subdivisions (a)(1) through (5) of this section or a permit or permits of a
 specified municipal government with respect to subdivisions (a)(1) through (7)
 and (9) and (10) of this section, or a combination of such permits or approvals,
 in lieu of evidence by the applicant. A District Commission, in accordance
 with rules adopted by the Board, shall accept determinations issued by a
 development review board under the provisions of 24 V.S.A. § 4420, with
 respect to local Act 250 review of municipal impacts. The acceptance of such
 approval, positive determinations, permit, or permits shall create a presumption
 constitute conclusive evidence that the application is not detrimental to the
 public health and welfare with respect to the specific requirement for which it
 is accepted. In the case of approvals and permits issued by the Agency of
                                                                        VT LEG #371914 v.9
     BILL AS INTRODUCED                                                          S.311
                                                                Page 8 of 58
 Natural Resources, technical determinations of the Agency shall be accorded
 substantial deference by the Commissions.
       (3) The acceptance of negative determinations issued by a development
 review board under the provisions of 24 V.S.A. § 4420, with respect to local
 Act 250 review of municipal impacts, shall create a presumption that the
 application is detrimental to the public health and welfare with respect to the
 specific requirement for which it is accepted. Any determinations, positive or
 negative, under the provisions of 24 V.S.A. § 4420 shall create presumptions
 only to the extent that the impacts under the criteria are limited to the
 municipality issuing the decision. Such a rule may be revoked or amended
 pursuant to the procedures set forth in 3 V.S.A. chapter 25, the Vermont
 Administrative Procedure Act. The rules adopted by the Board shall not
 approve the acceptance of a permit or approval of such an agency or a permit
 of a municipal government unless it satisfies the appropriate requirements of
 subsection (a) of this section.
 Sec. 6. 10 V.S.A. § 6086(h) is added to read:
    (h) Compliance self-certification. The District Commission may require
 that a person who receives a permit under this chapter report on a regular
 schedule to the District Commission on whether or not the person has
 complied with and is in compliance with the conditions required in that permit.
                                                                         VT LEG #371914 v.9
     BILL AS INTRODUCED                                                             S.311
                                                                   Page 9 of 58
 The report shall be made on a form provided by the Board and shall be
 notarized and contain a self-certification to the truth of statements.
 Sec. 7. 10 V.S.A. § 6093 is amended to read:
 § 6093. MITIGATION OF PRIMARY AGRICULTURAL SOILS
    (a) Mitigation for loss of primary agricultural soils. Suitable mitigation for
 the conversion of primary agricultural soils necessary to satisfy subdivision
 6086(a)(9)(B)(iv) of this title shall depend on where the project tract is located.
       (1) Project located in certain designated areas. This subdivision applies
 to projects located in the following areas designated under 24 V.S.A. chapter
 76A: a downtown development district, a growth center, a new town center
 designated on or before January 1, 2014, and a neighborhood development area
 associated with a designated downtown development district. If the project
 tract is located in one of these designated areas, an applicant who complies
 with subdivision 6086(a)(9)(B)(iv) of this title shall deposit an offsite
 mitigation fee into the Vermont Housing and Conservation Trust Fund
 established under section 312 of this title for the purpose of preserving primary
 agricultural soils of equal or greater value with the highest priority given to
 preserving prime agricultural soils as defined by the U.S. Department of
 Agriculture. Any required offsite mitigation fee shall be derived by:
          (A) Determining the number of acres of primary agricultural soils
 affected by the proposed development or subdivision.
                                                                         VT LEG #371914 v.9
     BILL AS INTRODUCED                                                          S.311
                                                               Page 10 of 58
          (B) Multiplying the number of affected acres of primary agricultural
 soils by a factor resulting in a ratio established as follows:
             (i) For development or subdivision within a designated area
 described in this subdivision (a)(1), the ratio shall be 1:1.
             (ii) For residential construction that has a density of at least eight
 units of housing per acre, of which at least eight units per acre or at least
 40 percent of the units, on average, in the entire development or subdivision,
 whichever is greater, meets the definition of affordable housing established in
 this chapter, no mitigation shall be required, regardless of location in or outside
 a designated area described in this subdivision (a)(1). However, all affordable
 housing units shall be subject to housing subsidy covenants, as defined in
 27 V.S.A. § 610, that preserve their affordability for a period of 99 years or
 longer. As used in this section, housing that is rented shall be considered
 affordable housing when its inhabitants have a gross annual household income
 that does not exceed 60 percent of the county median income or 60 percent of
 the standard metropolitan statistical area income if the municipality is located
 in such an area.
             (iii) For an alternative or community wastewater system that will
 serve development within a designated area, no mitigation shall be required.
                                        ***
                                                                         VT LEG #371914 v.9
     BILL AS INTRODUCED                                                        S.311
                                                             Page 11 of 58
 Sec. 8. REPEALS
    (a) 10 V.S.A. § 6081(o) and (p) are repealed.
    (b) 30 V.S.A. § 55 (priority housing projects; stretch code) is repealed.
    (c) 2023 Acts and Resolves No. 47, Sec. 16a (Act 250 exemption
 requirements) is repealed.
    (d) 10 V.S.A. § 6001(3)(A)(iv) and 10 V.S.A. § 6081(bb) are repealed on
 June 30, 2029.
                          * * * Municipal Zoning * * *
 Sec. 9. 24 V.S.A. § 4382 is amended to read:
 § 4382. THE PLAN FOR A MUNICIPALITY
    (a) A plan for a municipality shall be consistent with the goals established
 in section 4302 of this title and compatible with approved plans of other
 municipalities in the region and with the regional plan and shall include the
 following:
                                       ***
       (10) A housing element that shall include a recommended program for
 public and private actions to address housing needs as identified by the
 regional planning commission pursuant to subdivision 4348a(a)(9) of this title.
 The program should shall use data on year-round and seasonal dwellings and
 include specific actions to address the housing needs of persons with low VT LEG