Republican repeal of Global Warming Solutions Act likely to fail

Photo courtesy of climatechange.vermont.gov

More than a dozen House Republicans are looking to repeal the Global Warming Solutions Act and scrap the Vermont Climate Council — but even Gov. Phil Scott doesn’t think their bill will go anywhere. 

The bill, H.74, would move away from the expansive 2020 law and toward the state’s Comprehensive Energy Plan, which is renewed every six years, as Vermont’s primary guideline for climate policy. That plan, overseen by the Department of Public Service, sets goals but does not mandate them. The Global Warming Solutions Act requires Vermont to reduce greenhouse gas pollution to 26% below 2005 levels by 2025, 40% below 1990 levels by 2030 and 80% below by 2050, among other things.

H.74’s lead sponsor Rep. Mark Higley, R-Lowell, was one of two no votes against the 2020 act. He believes that moving away from the mandates in that law is critical for the state.  

“Back when we passed the Global Warming Solutions Act, that was prior to the pandemic,” Higley said. “Since then, we've had a war that's affecting our economy, and we also have a possible recession coming down the pike. So, to have these mandates through the Global Warming Solutions Act is really, in my mind, unrealistic when it comes to the sequence of events that have happened recently.” 

The act was originally vetoed by Scott, who cited a provision in the bill allowing the state to be sued if it does not meet emissions goals and said the Vermont Climate Council, which it established, had unconstitutional power. Legislators overrode the veto. 

“The governor vetoed the so-called Global Warming Solutions Act primarily on the basis that the structure and charge of the Vermont Climate Council presented an unconstitutional separation of powers issue,” said Jason Maulucci, Scott’s press secretary. 

The 23-seat council is tasked with making sure Vermont reaches the requirements of the 2020 act. In late 2021 it released the first version of the Vermont Climate Action Plan, which spells out strategies for the state to meet the benchmarks.

Higley believes the council does not represent the entire state since council members are appointed, not elected to their positions, and he thinks the group lacks geographic diversity.  

“Council members are from the Burlington area to Montpelier — so, that doesn't really allow for representation in my area of the Northeast kingdom,” Higley said. “The other big concern is this is a non-elected board that doesn't have to answer to a constituency. They only look at benchmarks regarding carbon reduction and that alone. The council doesn’t have to take into consideration what the Legislature does and should do in regards to, what do these benchmarks mean and how much is this going to cost the consumer?” 

Environmental advocacy groups, such as the Vermont Public Interest Research Group, strongly believe that H.74 is essentially dead on arrival. 

“The passage of the Global Warming Solutions Act is widely supported in the state and was objected to by a minority of the Legislature that are now attempting to repeal it,” said Ben Edgerly Walsh, climate and energy program director at VPIRG. “When you look at it, people want Vermont to act on the climate crisis. They want Vermont to finally get serious about helping Vermonters transition to more affordable ways of heating their homes and getting around.” 

Though Scott believes the act provides “no solutions,” Maulucci said, the governor does not see H.74 moving forward. 

“The governor believes H.74 has no chance of passing, nor will it likely be considered in committee,” Maulucci said.