Idle-Free VT Legislative Strategy

January 19: TESTIMONY SCHEDULED:
• Helena Gardner, Legislative Counsel, Legislative Council
• Edward Miller, Attorney, Vermont Truck and Bus Association
• Roland Bellavance, President, Vermont Truck and Bus Association

January 20: TESTIMONY SCHEDULED:
• Rebecca Ryan, Director, Health Promotion and Public Policy, American Lung Association of Vermont--TESTIMONY
• Kent Boorae, Board Member, American Lung Association of Vermont
• Johanna Miller, Outreach Director and Energy Program Co-Director, Vermont Natural Resources Council--TESTIMONY
• Jim Flint, Executive Director, Friends of Burlington Gardens--TESTIMONY
• Brian Keefe, Vice President, Central Vermont Public Service

January 21: TESTIMONY SCHEDULED:
• Joe Choquette, Lobbyist, Vermont Petroleum Association
• Joe Choquette, Lobbyist, International Business Machines
• Matt Cota, Lobbyist, Vt Fuel Dealers Association
• Ed Larson, Vermont Forest Products Association
• Jamie Feehan, Lobbyist, Vermont Public Transportation Association
• William Driscoll, Vice President, Associated Industries of Vermont
• Andrew MacLean, Lobbyist, Cabot Creamery

January 22: TESTIMONY SCHEDULED:
• Wayne Michaud, Director, Idle-Free VT--TESTIMONY
• Don Ostler, Delivery Operations Manager, Green Mountain Coffee Roasters--TESTIMONY
• Melissa Marotta, Second year medical student, University of Vermont College of Medicine
• Brett Porter, Second year medical student, University of Vermont College of Medicine

January 26: Committe Discussion and Bill Vote in House Natural Resources and Energy committee
• H.97 passes out of committee: Vote 11-0. Bill as passed.

February 2: on motion of Rep. Margaret Cheney of Norwich, the bill was committed to the committee on Transportation. Bill as committed to House Transportation.

March 10: H.97 was not taken up by the Transporation committee. As a result, the bill will not make crossover and remains on the wall. Essentially H.97 is dead, havng run its biennium course. New legislation restricting the idling of motor vehicles will have to be submitted in the 2011 session.

However, all is not lost on successfully reducing vehicle idling in Vermont. Education remains the key to change. Several Vermont organizations are actively campaigning to reduce idling, including the American Lung Association Vermont Idle-Free Fleets campaign which speficially addresses diesel truck idling.

H.97--an act relating to the idling of motor vehicles (10,000 plus pounds; medium- and heavy-duty commercial; mostly diesel)

Bill sponsor: David Sharpe, Bristol
9 Bill Cosponsors: Charles Bohi, Hartford; Sarah Copeland-Hanzas, Bradford; Johannah Leddy Donovan, Burlington; Sarah Edwards, Brattleboro; Steven Maier, Middlebury; Jim McCullough, Williston; Michael Mrowicki, Putney; Kathy Pellett, Chester; David Zuckerman, Burlington

Status (check latest status at the State of Vermont Legislature website):
January 28: Introduced in the House
January 29: Read First Time and Referred to the Committee on Natural Resources and Energy
February 3: Testimony on behalf of H.97 by Wayne Michaud, Director of Idle-Free VT
February 10: Testimony on behalf of H.97 by Rebecca Ryan, Director, Health Promotion & Public Policy, American Lung Association in Vermont
March 10: Due to bills in the legislature that take priority, H.97 will not make "crossover" (a bill that goes from the House to Senate or visa versa) this session. There is a slim chance it will move to House Transportation toward the end of the session. Since H.97 is a biennium bill, it will be addressed in the 2010 session. Its passage is likely as there will now be ample time to amend the bill to include an educational component, work to address the challenges of enforcement, for coalition building and finding common ground with opponents. Also, its passage and enactment is overdue as every Northeast state (ME, NH, MA, RI, CT, NY, NJ, PA, DE, MD) but Vermont has enacted this type of law.

The 2008 Vermont legislative session ended May 3. While a great stride in idling legislation was taken in 2007 with passage and enactment of Act 48-the Idling of Motor Vehicle Engines on School Property, there was no action, and virtually no lobbying effort, of the more comprehensive idling bills in committee. There was talk of the possibility of attaching language on vehicle idling to an energy conservation/global warming bill (such as S.350: ENERGY INDEPENDENCE AND ECONOMIC PROSPERITY), but a concern was that adding too much to a more encompassing bill could weaken its passage. Indeed, a bill was introduced in this session by a contingent of House members from Franklin and Rutland counties to repeal Act 48 (details below).

H.0724 THE REPEAL OF RESTRICTIONS ON THE IDLING OF SCHOOL BUS ENGINES AND OF VOLUNTARY PROVISIONS RELATED TO THE IDLING OF OTHER MOTOR VEHICLE ENGINES, sponsored by Rep. Albert Perry (D-Franklin), Avis Gervais (D-Franklin), Kathleen Keenan (D-Franklin), Carolyn Whitney Branagan (R-Franklin), Norman McAllister (R-Franklin), William Canfield (R-Rutland) and James McNeil (R-Rutland). Introduced January 29, 2008 in House Education. Sought to repeal last year's enacted Act 48: the Idling of Motor Vehicle Engines on School Property. First reading on January 29, 2008. No further action.

H.0069 THE IDLING OF MOTOR VEHICLES (in excess of 10,000 pounds; mainly diesel), sponsored by Rep. Carol Hosford (D-Wash.) remained in the House Natural Resources and Energy Committee from last year. Committee Chair Rep. Robert Dostis (D-Wash.), was a key person to influence to get this bill addressed. It was expected that it would be a huge effort to get it through. No action taken.

H.0143 THE IDLING OF MOTOR VEHICLES (all motor vehicles), sponsored by Rep. David Sharpe (D-Addison) had the same status, with even longer odds of action. No action taken.

As to Senate idling bills, there were none submitted. Sen. Claire Ayer (D-Addison) sponsor of last year's school bus idling bill that combined with Rep. Carol Hosford's school bus idling bill to become Act 48, remained sympathic to more comprehensive idling legislation. She discussed the possibility of idling language that could be incorporated in a new 2008 energy bill, such as S.350. But, as stated above, adding more language to this bill could have jeopardized its passage.

The 2007 Vermont legislative session saw remarkable success for advocates of reduced idling with the passing of a school bus idling bill that Governor Jim Douglas signed into law on May 25. The law, known as ACT 48--An Act Relating to the Idling of Motor Vehicle Engines on School Property, is in effect for the new school year. Here is the text of the law.

More comprehensive idling bills are expected to be introduced in the 2008 session, beginning next January. Idle-Free VT expects to be active in lobbying for passage of these bills.

Idling bills introduced in 2007 and their final status:

SENATE:
S.0013 Amended title: THE IDLING OF MOTOR VEHICLE ENGINES ON SCHOOL PROPERTY (Originally titled: IDLING SCHOOL BUS ENGINES ON SCHOOL PROPERTY).
Bill Sponsor: Claire Ayer (D-Addison) of Weybridge.
Status: Passed in the Senate on a vote of 25-4, Feb. 21. Ameneded in House Education (stronger language), Apr. 13. Passed in the House as amended, Apr. 20. Passed in the Committee of Conference, May 4. Report of Committee of Conference adopted in the House, May 7. Adopted in Senate, May 8. Signed into law by Governor Jim Douglas, May 25 as ACT 48. For more details see LEGISLATIVE NEWS.

S.0025 THE IDLING OF MOTOR VEHICLES (in excess of 10,000 pounds; mainly diesel).
Bill Sponsor: Claire Ayer (D-Addison) of Weybridge.
Status: Transportation Comm., Jan. 10

HOUSE:
H.0058 SCHOOL BUS ENGINES ON SCHOOL PROPERTY (this is the companion bill to S.13).
Bill Sponsor: Carol Hosford (D-Wash.) of Waitsfield.
15 Bill Cosponsors: Bill Botzow (D-Benn.) of Pownal, Francis K. Brooks (D-Wash.) of Montpelier, Sarah Copeland-Hanzas (D-Orange) of Bradford, David Deen (D-Windham) of Westminster, Maxine Jo Grad (D-Wash.) of Moretown, Willem Jewett (D-Addison) of Ripton, Jason P. Lorber (D-Chit.) of Burlington, Richard J. Marek (D-Windham) of Newfane, Jim McCullough (D. Chit.) of Williston, Francis M. McFaun (R-Wash.) of Barre Town, Dexter Randall (P-Orleans) of Troy, David Sharpe (D-Addison) of Bristol, Kristy Spengler (D-Chit.) of Colchester, Donna G. Sweaney (D-Windsor) of Windsor and Rachel Weston (D-Chit.) of Burlington
Status: Natural Resources and Energy Comm., Jan. 19

H.0069 THE IDLING OF MOTOR VEHICLES (in excess of 10,000 pounds; mainly diesel).
Bill sponsor: Carol Hosford (D-Wash.) of Waitsfield.
13 Bill Cosponsors: David Deen (D-Windham) of Westminster, Sarah R. Edwards (P-Windham) of Brattelboro, Patsy French (D-Orange) of Randolph, Helen Head (D-Chit.) S. Burlington, Jason P. Lorber (D-Chit.) of Burlington, Francis M. McFaun (R-Wash.) of Barre Town, Sue Minter (D-Wash.) of Waterbury, Michael Mrowicki (D-Windham) of Putney, David Sharpe (D-Addison) of Bristol, Kristy Spengler (D-Chit.) of Colchester and Rachel Weston (D-Chit.) of Burlington.
Status: Natural Resources and Energy Comm., Jan. 19

H.0143 THE IDLING OF MOTOR VEHICLES.
Bill sponsor: David Sharpe (D-Addison) of Bristol.
5 Bill Cosponsors: David Deen (D-Windham) of Westminster, Sarah R. Edwards (P-Windham) of Brattelboro, Patsy French (D-Orange) of Randolph, Carol Hosford (D-Wash.) of Waitsfield, Jim Masland (D-Orange) of Thetford
Status: Natural Resources and Energy Comm., Jan. 26

Idle-Free VT advocates an all motor vehicle idle-restriction law
(similar to the all motor vehicle laws of Connecticut, Massachusetts and Hawaii):

No person shall allow in the State of Vermont any motor vehicle that is designed to operate on public roads to idle in excess of three (3) consecutive minutes in any 60 minute period for gasoline-powered vehicles; five (5) consecutive minutes in any 60 minute period for diesel-powered vehicles, with the following exceptions:
(1) The vehicle is forced to remain motionless on a public road because of traffic conditions over which the operator has no control;
(2) The vehicle is being used as an emergency vehicle in an emergency situation;
(3) Required by a federal, state, or local law or official, but only to the extent necessary to comply with such requirement;
(4) The vehicle’s engine is providing auxiliary power for activities other than heating or air conditioning, such as loading, refrigeration, well drilling, or farming;
(5) Running the vehicle’s engine is necessary for maintenance, servicing, repair, or diagnostic purposes;
(6) Running the vehicle’s engine during adverse weather conditions is necessary to ensure the safe operation of the vehicle