Vermont § 593 - Rules

§ 593. Rules

• (a) The Secretary of Natural Resources shall adopt rules pursuant to 3 V.S.A. chapter 25 consistent with the Vermont Climate Action Plan (Plan). In adopting rules pursuant
  to this section the Secretary shall: (1) Ensure that the rules are consistent with the specific initiatives, programs, and
  strategies set forth in the Plan and updates to the Plan; follow the Vermont Climate
  Council’s guidance provided pursuant to subdivision 591(b)(4) of this chapter; and
  further the objectives pursuant to subsection 592(d) of this chapter. (2) Develop a detailed record containing facts; data; and legal, scientific, and technical
  information sufficient to establish a reasonable basis to believe that the rules shall
  achieve the State’s greenhouse gas emissions reductions requirements pursuant to section 578 of this title. This detailed record shall be included with the rule and filed with the Secretary
  of State pursuant to 3 V.S.A. § 838. (b) On or before December 1, 2022, the Secretary shall adopt and implement rules consistent
  with the specific initiatives, programs, and strategies set forth in the Plan and
  achieve the 2025 greenhouse gas emissions reduction requirement pursuant to section 578 of this title. (c) The Secretary shall conduct public hearings across the State concerning the proposed
  rules. The Secretary shall conduct a portion of these hearings in areas and communities
  that have the most significant exposure to the impacts of climate change, including
  disadvantaged, low-income, and rural communities and areas. (d) The Secretary shall, on or before July 1, 2024, review and, if necessary, update the
  rules required by subsection (b) of this section in order to ensure that the 2025
  greenhouse gas emissions reduction requirement pursuant to section 578 of this title is achieved. In performing this review and update, the Secretary shall observe the
  requirements of subsection (c) of this section. (e) On or before July 1, 2026, the Secretary shall adopt and implement rules consistent
  with the specific initiatives, programs, and strategies set forth in the Plan and
  updates to the Plan and achieve the 2030 greenhouse gas emissions reduction requirement
  pursuant to section 578 of this title. The Secretary shall observe the requirements of subsection (c) of this section. (f) The Secretary shall, at his or her discretion, but not less frequently than once every
  two years between 2026 and 2030, review and, if necessary, update the rules required
  by subsection (e) of this section in order to ensure that the 2030 greenhouse gas
  emissions reduction requirement pursuant to section 578 of this title is achieved. In performing this review and update, the Secretary shall observe the
  requirements of subsection (c) of this section. (g) On or before July 1, 2040, the Secretary shall adopt and implement rules consistent
  with the specific initiatives, programs, and strategies set forth in the Plan and
  updates to the Plan and achieve the 2050 greenhouse gas emissions reduction requirement
  pursuant to section 578 of this title. (h) The Secretary shall, at his or her discretion, but not less frequently than once every
  two years between 2040 and 2050, review and, if necessary, update the rules required
  by subsection (g) of this section in order to ensure that the 2050 greenhouse gas
  emissions reduction requirement pursuant to section 578 of this title is achieved. In performing this review and update, the Secretary shall observe the
  requirements of subsection (c) of this section. (i) The Secretary may establish alternative reduction mechanisms to be used by sources
  of greenhouse gas emissions, if necessary, to achieve net zero emissions after 2050. (1) The use of alternative reduction mechanisms shall account for not more than 20 percent
  of statewide greenhouse gas emissions estimated as a percentage of 1990 emissions.
  The use of a mechanism must offset a quantity of greenhouse gas emissions equal to
  or greater than the amount of greenhouse gasses emitted. (2) The Secretary shall verify that any greenhouse gas emissions offset projects authorized
  as alternative reduction mechanisms represent equivalent emissions reductions or carbon
  sequestration that are real, additional, verifiable, enforceable, and permanent. (j) If the Council fails to adopt the Plan or update the Plan as required by section 592
  of this chapter, the Secretary shall adopt and implement rules pursuant to 3 V.S.A. chapter 25 to achieve the greenhouse gas emissions reductions requirements pursuant to section 578 of this title. (k) Nothing in this section shall be construed to limit the existing authority of a State
  agency, department, or entity to regulate greenhouse gas emissions or establish strategies
  or adopt rules to mitigate climate risk and build resilience to climate change. (l) The General Assembly may repeal, revise, or modify any rule or amendment to any rule,
  and its action shall not be abridged, enlarged, or modified by subsequent rule. (Added 2019, No. 153 (Adj. Sess.), § 4, eff. Sept. 22, 2020.)