Proposed State Rules | General Notices | Seven Days | Vermont's Independent Voice

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Proposed State Rules 

Published November 15, 2023 at 10:00 a.m.

===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 https://secure.vermont.gov/SOS/rules/ . 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 (802-828-2231).

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Vermont Low Emission Vehicle and Zero Emission Vehicle Rules.

Vermont Proposed Rule: 23P043

AGENCY: Agency of Natural Resources

CONCISE SUMMARY: ANR proposes to amend its existing Low Emission Vehicle and Zero Emission Vehicle Rules, which incorporate by reference a suite of motor vehicle emission standards from California including the "Heavy-Duty Engine and Vehicle Omnibus" or "HD Omnibus" regulation. The HD Omnibus regulation sets standards for emissions of nitrogen oxides (NOx) and particulate matter (PM) from on-road heavy-duty engines used in vehicles delivered for sale in Vermont, which help protect public health and air quality. In this rulemaking, ANR proposes to amend the current HD Omnibus regulation to (1) clarify the existing transit bus exemption, (2) adjust the vehicle model year in which vehicle manufacturers can begin earning early compliance credits, and (3) add the legacy engine provisions that will provide engine manufacturers greater compliance flexibility for vehicle model year 2026, while maintaining the originally projected emissions reductions and public health benefits under the HD Omnibus regulation.

FOR FURTHER INFORMATION, CONTACT: Deirdra Ritzer, Agency of Natural Resources, 1 National Life Dr. Davis 4, Montpelier, VT 05620 Tel: 802-223-8052 Email: [email protected] URL: https://dec.vermont.gov/air-quality/laws.

FOR COPIES: Rachel Stevens, Agency of Natural Resources, 1 National Life Dr. Davis 2, Montpelier, VT 05620 Tel: 802-636-7236 Email: [email protected].

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Residential Care Home and Assisted Living Residence Licensing Regulations.

Vermont Proposed Rule: 23P044

AGENCY: Agency of Human Services, Department of Disabilities, Aging, and Independent Living (DAIL)

CONCISE SUMMARY: The Residential Care Home (RCH) and Assisted Living Residence (ALR) Regulations, last adopted in 2000 and 2003, respectively, were developed for residents who needed lower levels of assistance, who were simply unable to live independently. Since then, Vermonters, and people in general, have tended to stay in their homes longer and enter into residential care or assisted living with higher and more complex care needs. Ownership structures have also changed. In addition to a general shift in use of group care settings, the Choices for Care (CFC) and Enhanced Residential Care (ERC) programs have placed hundreds of nursing home level of care residents into these homes. The regulations did not provide the protections needed for a population that has increased and complex care needs, and they were not providing the guidance to the managers of these homes in how to provide safe care to residents, including those who need nursing home level of care.

FOR FURTHER INFORMATION, CONTACT: Pamela Cota, Agency of Human Services, Department of Disabilities, Aging, and Independent Living, 280 State Drive, HC 2 South, Waterbury VT 05671 Tel: 802-241-0480 Email: [email protected] URL: https://dail.vermont.gov.

FOR COPIES: Stuart Schurr, Agency of Human Services, Department of Disabilities, Aging, and Independent Living, 280 State Drive, HC 2 South, Waterbury VT 05671 Tel: 802-241-0353 Email: [email protected].

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Seasonal Fuel Assistance Rules. Vermont Proposed Rule: 23P045

AGENCY: Agency of Human Services, Department for Children and Families

CONCISE SUMMARY: The amended rule reorganizes, renumbers, and replaces the existing rule. The amendment only addresses seasonal fuel assistance and removes sections relating to crisis fuel assistance, which will be addressed separately in a new rule. The amendment clarifies some existing practices and changes other practices to implement recent federal guidance and significant statutory changes that have occurred since the rule was last amended in 2009. Substantive changes include: new procedures for issuing one-time additional benefits during a heating season, removing certification requirement for suppliers of firewood and wood pellets, removing asset and resource requirements for applicants, new procedures for income calculation such as removing income deductions, new verification and residency requirements, and revised income-eligibility requirements. The amendment further clarifies the types of living arrangements and residential structures eligible for assistance.

FOR FURTHER INFORMATION, CONTACT: Richard Giddings, Agency of Human Services, Department for Children and Families, Economic Services Division 280 State Drive, HC 1 South Waterbury, VT 05671-1020 Tel: 802-786-5986 Email: [email protected] URL: https://dcf.vermont.gov/esd/laws-rules/proposed.

FOR COPIES: Philip Back, Agency of Human Services, Department for Children and Families, Economic Services Division 280 State Drive, HC 1 North Waterbury, VT 05671-1080 Tel: 802-798-9318 Email: [email protected].

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Crisis Fuel Assistance Rules.

Vermont Proposed Rule: 23P046

AGENCY: Agency of Human Services, Department for Children and Families

CONCISE SUMMARY: The amended rule reorganizes, renumbers, and replaces the existing rule. The amendment only addresses crisis fuel assistance and removes sections relating to seasonal fuel assistance, which will be addressed in a revised and separate rule. The amendment clarifies some existing practices and changes other practices to implement recent federal guidance and significant statutory changes that have occurred since the rule was last amended in 2009. Substantive changes include: new limits on the number of crisis benefits issued during a heating season, removing asset and resource requirements, new procedures for income calculation such as removing income deductions, new verification and residency requirements, and revised income-eligibility requirements. The amendment further clarifies the types of living arrangements and residential structures eligible for assistance.

FOR FURTHER INFORMATION, CONTACT: Richard Giddings, Agency of Human Services, Department for Children and Families, Economic Services Division 280 State Drive, HC 1 South Waterbury, VT 05671-1020 Tel: 802-786-5986 Email: [email protected] URL: https://dcf.vermont.gov/esd/laws-rules/proposed.

FOR COPIES: Philip Back, Agency of Human Services, Department for Children and Families, Economic Services Division 280 State Drive, HC 1 North Waterbury, VT 05671-1080 Tel: 802-798-9318 Email: [email protected].

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