Thank you to this week’s sponsor of our Advocacy Update:
May 8, 2026
This session is defined by “The Great Correction.” From land use to education, lawmakers are spending 2026 undoing or overhauling the very policies they championed previously.
- Act 181 – Passed over the Governor’s veto in 2024, made significant changes expanding Act 250 jurisdiction, and had significant portions gutted this week. Read More.
- Act 73 – Barely passed last session, is being dramatically re-worked this year. Read More.
- Clean Heat Standard – passed in 2023 on a veto override, the legislation had a lengthy rulemaking process, which led the Legislature to not adopt the policy and the Public Utility Commission to abandon it.
- Public Safety – significant changes were made to the criminal justice system over the past decade, which are being revisited. Read More.
Zoom out: The Great Correction follows a “Great Resignation” from the Vermont Legislature and a loss of the Democratic/Progressive Supermajority at the beginning of this biennium.
Crystal Ball: What is our next legislative re-work? Likely, the Global Warming Solutions Act in a few years, when policymakers realize that the state will not meet the overly ambitious greenhouse gas emissions targets at the exact pace set out in that act.
- This will be a Brigham Decision-level event for the Vermont Legislature.
If you have any questions and want to go deeper on any of these issues, please reach out to us.
What is Controversial and Still Needs to Be Resolved
What we’ve dubbed the “Fiscal Three-Body Problem”, because all three bills are interconnected, continues with two of the three in the Committees of Conference
- Budget: A Committee of Conference is working to iron out some large differences between the House and Senate versions.
- Yield Bill: A Committee of Conference needs to decide if they will use all $105 million in surplus to buy down property tax rates to ~3% this year, or divide it over two years for a ~7% increase this year.
- Education Bill: The bill still needs to pass through the Senate and is nowhere near finished. Read more below.
VIP Tax and Higher Income Taxes Dead? Nothing is over until the final fall of the gavel; however, these outrageous and ill-informed proposals were publicly shelved in two settings last Friday after this update went out.
- In the Senate: A Senator proposed it as a floor amendment, which was voted down by the Finance Committee and garnered only two votes on the floor.
- In the House: The Chair of the House Ways and Means Committee told her members that she did not see a viable path forward.
- All expect to resume this discussion next biennium…
Privacy Bill: The House and the Senate are still sparring over what is reasonable to adopt as privacy protections in the state.
Housing: We cover Act 181 changes in its own section; however, the House and Senate continue to finalize the rural housing bill.
Two Years After Act 181, House Unanimously Votes to Repeal Major Parts of the Legislation
The Big Picture: In a stunning 142–0 vote, the Vermont House unanimously advanced S.325, marking a historic rollback of the controversial “Road Rule” and “Tier 3” components of Act 181, which was passed just two years ago over the Governor’s veto.
If only it were that simple… While the ultimate vote was unanimous, the floor debate was a pressure cooker. Rural lawmakers and housing advocates mounted fierce challenges against “smart growth” frameworks, forcing Democratic leadership to stage an emergency caucus to keep the bill from spiraling out of committee control.
Zoom Out: It was not obvious that these elements of Act 181 would be repealed, and indeed, the first two-thirds of the session were all about just how to delay.
- Full circle moment: last legislative session, in Week 4, we outlined a conversation between a member of a committee, in which a freshman legislator made clear to colleagues that he and others were new to the Legislature due to the decisions made in Act 181.
- Fast forward, and 65 weeks later, that legislator is voting on a repeal of major components of that act and proposing further amendments.
What’s left? Repeals both the Road Rule and Tier 3 entirely, while preserving Act 181’s broader municipal planning and community investment framework.
Between the Lines: Control of the floor was lost, exemplifying the divisiveness of this issue and legislators’ fear of being seen as oppressing rural Vermont land use.
- Despite a unanimous 11–0 compromise in the House Environment Committee, rural members successfully bypassed committee objections on the floor to pass two agricultural amendments.
- The unexpected shift forced Democratic leadership to halt floor action and call an emergency caucus to whip members back into line.
Floor Amendments That Passed: Despite negative recommendations from the committee of jurisdiction, Rep. Greg Burtt successfully attached two major rural-focused amendments to the bill:
- Working Lands Redefined: Rewrites “working lands” planning goals to explicitly prioritize, protect, and support homesteading, forestry, and small-scale agriculture.
- Act 250 Exemptions: Broadly exempts accessory on-farm businesses from Act 250 permitting realted to on-farm events.
Floor Amendments That Failed (After a Quick Caucus to Pull Stray Votes In): Following the emergency Democratic caucus, further amendments failed, which is a shame because these amendments could have had a substantial impact on housing, and if proposed earlier, would have likely passed.
- Staffing (Failed 80–63): Rep. Thomas Burditt’s attempt to let smaller towns use contracted or regional planners, rather than permanent, costly in-house staff, to qualify for Tier 1A status.
- The Timeline Extension (Failed 76–66): Rep. Tom Charlton’s effort to push interim housing exemptions from 2028 to 2030 to give rural developers more certainty. This will likely be done in the Senate.
- The “No-Zoning” Folks (Failed): Rep. Joshua Dobrevich’s push to grant housing exemptions to towns without permanent zoning.
What’s Next: While the unanimous second-reading vote indicates broad consensus that repealing the Road Rule and Tier 3 is politically necessary, the peace may be short-lived. The bill will now head to the Senate for discussion.
- No matter what happens, many voters now distrust legislators, and the fallout of this legislation will likely take years to unwind
Education Transformation Bill Nears Vote
While the House wrestled with reforming previously passed land-use legislation, the Senate continued to reform previously passed education legislation, finalizing its amendments to H.955, which the House had sent to it.
The Crux of the Divide: The Senate’s reaction to H.955 is marked by significant skepticism toward the House’s voluntary approach to consolidation and concern that the House version lacks the urgency needed to bend the state’s property tax trajectory.
- “Kicking the Can”: Several Senators warned against allowing districts to delay action indefinitely. There is active debate over whether an “opt-in” system will produce meaningful change or if the state needs stronger authority to charter districts if local action fails.
- Oversight Committee: The Senate is exploring the creation of a joint legislative education oversight committee to monitor implementation and coordinate work between legislative sessions during the summer and fall.
The Political Reality: The Senate’s push for more substantial changes aligns with Governor Phil Scott, who has labeled the House version a non-starter.
- The Governor and Education Secretary Zoie Saunders argue that the House’s reliance on more studies and voluntary CESAs adds bureaucracy without addressing the “alligator mouth” problem, where costs grow at 6% while revenues grow at only 3%.
Building a House of Cards? Senate discussion has emphasized that, in the legislation sent to them by the House, nearly every major reform element, be it district consolidation, tax changes, or the foundation formula, is contingent on multiple prerequisites being met, including local votes, expert reports, and fiscal analysis.
- These contingencies are designed as safeguards; however, they also introduce uncertainty about whether and how the system will ultimately take effect.
- Sure, you want to be careful and deliberate; however, if you were hoping nothing would change, you might craft legislation that was so careful and deliberate a minor misstep would topple the entire house of cards…
Check-In: Public Safety and Quality of Life Legislation
As we near the end of the 2026 legislative session, many of the discussions spanning years about public safety and opioid misuse remain open. In this portion of the update, we’ll:
- Check in on various public safety legislation,
- Unpack the latest report on opioid fatalities statewide, and
- Give an overview of the legislative context of Burlington’s effort to create an Overdose Prevention Center
Public Safety Legislation
What’s in the final stages:
- Redefining Recidivism (H.410): This bill has been sent to the Governor and broadens the definition of “repeat offender” to include re-arrests and short sentences, aiming for a more accurate picture of crime rates.
- Regional Policing (S.255): Now in the final stages of passage, this bill creates a five-year pilot in Windham County to pool town resources for shared dispatch and law enforcement.
- Reintegration IDs (H.549, now Act 85): Waives fees for nondriver IDs for formerly incarcerated individuals, helping them secure housing and jobs.
- Deferred Sentences (S.181): The Governor signed S.181, eliminating the requirement for a presentence investigation for imposition of a deferred sentence.
What’s still being debated:
- Forensic Facility (S.193): Creates a secure facility for violent offenders found incompetent to stand trial.
- Why it matters: Ends the “legal limbo” where dangerous individuals are released without supervision or held in prison without treatment.
- Status: The bill is still in House Judiciary Committee, where they are working to close the gaps between the Senate and the Governor’s visions with their own. The Governor dedicated his weekly press conference to this topic in an attempt to push for the bill’s final passage.
- The House Gun Bill (H.606): While unfortunately stripped of provisions that make firearm theft a felony (instead of the monetary value of the weapon dictating the severity), the bill now only has relinquishment from ownership in cases of domestic abuse.
Opioid Overdose Reporting
Governor Phil Scott and the Vermont Department of Health announced that deaths from drug overdose continue to decline in Vermont, according to new data.
The Report: The newly released 2025 Fatal Overdose Report shows that 170 Vermonters died from a drug overdose in 2025, which is a 37% decrease in overdose deaths following a historic peak in 2022 with 269 deaths.
- Opioid-involved overdoses continue to account for a significant share of drug-related fatalities, with 121 deaths recorded in 2025 compared to 183 in 2024. Fentanyl and cocaine remain the number one and number two substances involved in overdose deaths, often in combination.
Burlington’s Overdose Prevention Center
The debate over Burlington’s proposed Overdose Prevention Center (OPC) has shifted from a philosophical argument over harm reduction to a pragmatic dispute over timing, transparency, and the use of taxpayer dollars.
Catch Up Quick: What is an OPC?
- The Basics: An Overdose Prevention Center (OPC) is a supervised space where people can use illicit drugs under medical oversight to prevent fatal overdoses.
- The Goal: To keep people alive by having staff ready with Narcan and oxygen, while providing a bridge to addiction treatment and housing.
- The Vermont Status: The Legislature authorized a pilot in Burlington, but that pilot is currently stuck in the planning phase.
The $1.1 Million Question: This is what’s at the heart of recent testimony on H.660, which includes a request for an additional $1.1 million appropriation for FY27.
- The Argument for: Proponents argue that securing future funding now ensures the project’s long-term viability and sends a signal of stability to partners.
- The Argument against: The Vermont Department of Health and skeptical lawmakers point to the $1.87 million in existing funds that remain unspent. With no site selected and operations likely years away, they argue the money should remain flexible for other immediate needs.
Current Status: Planning vs. Reality Theresa Vezina, leading the Burlington implementation, clarified that the project is currently in a “planning and capacity building” phase.
- Spending to Date: Of the $2.2 million already allocated, $328,000 has been spent.
- The Siting Hurdle: Vezina acknowledged that a previously explored site was deemed nonviable, and the project is now navigating a complex “service assessment” to find a home. Despite media reports to the contrary, she indicated no final location has been selected.
- The Timeline Gap: While the city hopes for activity in FY27, legislators noted that similar facilities in other states took 4 to 6 years to launch. This discrepancy fueled concerns that an operational facility in the next 12–18 months is unrealistic.
The Policy Friction: This week’s hearing surfaced growing frustration among some lawmakers regarding the “cart before the horse” nature of the project.
The Bottom Line: The Committee remains supportive of saving lives; however, the Department of Health’s testimony, stating plainly that the extra $1.1 million is not needed at this time, likely stalls the request until a physical site is identified and an opening date is imminent.
- H.660 will include the funding; however, if you listened to the Morning Drive this morning with Senator Ginny Lyons, Chair of the Senate Committee on Health and Human Services, you’ll hear that it doesn’t mean that the legislature will let them keep it if the planning drags on and trends reverse.
The Laundry List:
- Read previous updates: Week 1, Week 2, Week 3, Week 4, Week 5, Week 6, Week 7, Week 8, Week 9, Week 10, Week 11, Week 12, Week 13, Week 14, Week 15, and Week 16
- Noncompete agreements: The Senate took testimony from advocates highlighting the complexity of noncompete agreements and narrow issues with the last-minute version of the bill sent by the House. It became abundantly clear that there is not sufficient time to find the correct balance; however, there is a chance that Senators may still try.
- Tariffs Struck Down: Attorney General Charity Clark, in coalition with 24 other states, secured a court order invalidating President Trump’s latest efforts to impose tariffs. Initially, the President invoked the International Emergency Economic Powers Act, and after the Supreme Court ruled those tariffs unlawful, the President attempted to use section 122 of the Trade Act of 1974 to impose a 10 percent tariff on most products worldwide.
- Salty Veto: Governor Scott vetoed a bill aimed at reducing road salt runoff by limiting the application and creating certification for commercial and municipal applications.
- New Boss at VTDigger: Brendan Kinney, who currently serves as the chief operating officer of Vermont Public, will take the reins from Sky Barsch as VTDigger’s CEO next month. His hiring was announced on Wednesday. The board of Digger’s parent organization, the Vermont Journalism Trust, chose Kinney unanimously after a competitive national search this spring. He’ll be joined soon by interim Editor-in-Chief Susan Allen.
- Give this a Read: The YIMBY Movement Needs Single-Family Home