Vermont Business Magazine The state Senate has quickly overridden Governor Phil Scott’s veto of bill S103, which sought to give the Vermont Health Commissioner more flexibility in regulating consumer goods, with special concern regarding those for young children. The bill also follows along from the PFOA contamination in Bennington from the ChemFab plant, discovered in February 2016. The bill would require testing of new groundwater sources and potable water supplies for specified chemical parameters. The governor vetoed S103 last Monday night. In doing so, he said the bill is duplicative to the state's already strong standards on hazardous materials and could increase costs of goods to consumers and businesses.
The bill allows the commissioner to regulate or ban a product without considering exposure levels. It also removes the requirement that the commissioner consider the “weight” of evidence when regulating or banning a product. This would give the commissioner discretion over which scientific studies are reviewed when banning products instead of being required to review the bulk of available evidence.
The Senate passed the bill on a voice vote in mid-February and the House passed it, as amended, on March 29 on a vote of 96-42.
The House may now vote, likely next week, on whether to override or sustain the veto. If all members are in attendance, an override would require 100 of the 150 members. There are 53 Republicans. The prior 96-42 vote exceeded the two-thirds needed, but a new vote is required.
As described in the Senate Journal, veto reached the two-thirds requirement by two votes, 22-8.
"Governor’s Veto Overridden
"Senate Bill entitled:
"S. 103. An act relating to the regulation of toxic substances and hazardous materials Was taken up.
"Thereupon, the pending question, Shall the bill pass, notwithstanding the refusal of the Governor to approve it? was decided in the affirmative on a roll call required by the Vermont Constitution, Yeas 22, Nays 8. (the necessary override two-thirds vote having been attained).
"Roll Call
"Those Senators who voted in the affirmative were: Ashe, Ayer, Balint, Baruth, Bray, Brooks, Campion, Clarkson, Cummings, Ingram, Kitchel, Lyons, MacDonald, McCormack, Nitka, Pearson, Pollina, Rodgers, Sears, Sirotkin, Starr, White.
"Those Senators who voted in the negative were: Benning, Branagan, Brock, Collamore, Flory, Mazza, Soucy, Westman."