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Jim Douglas Declares War on Act 250 (...yet again)

by: JDRyan

Fri Jan 09, 2009 at 14:21:50 PM EST


I recently got word from some mumblings in the statehouse that the pave-the-state forces will be going full on this session, and lo and behold, what's in today's Argus/Herald? Act 250 reform also a target:

Governor James Douglas ensured yet another session-long debate over permit reform Thursday when he blamed Act 250 for impeding economic growth in the state.

Job creation and economic development were keystones last summer and fall in Douglas' re-election campaign. Delivering on promises to reduce unemployment, increase stagnant wages and bolster corporate revenues, Douglas said Thursday, will require wholesale changes to the state's sweeping land-use and development law.

"The current system remains a labyrinth, fraught with unpredictability, which threatens job creation for years ahead – unless we are prepared to make substantive changes that will modernize the system," Douglas said of Act 250 in his inaugural address.

Douglas' proposal seeks not only to expedite Act 250 proceedings but to fundamentally alter the criteria on which applications are judged. Rather than considering development proposals on their environmental impacts alone, Douglas wants the system to take into account their potential economic and social benefits as well.

Republicans... you can always count on 'em to exploit a crisis to do everything they can to manufacture a reason to undo good things, especially environmental protection. Like so much else they believe, it's a bunch of faith-based fiction. More below the jump.

JDRyan :: Jim Douglas Declares War on Act 250 (...yet again)

There is so much wrong with all of this, where do we begin? There's arbitrary magical numbers, former development lobbyists getting cushy jobs in the administration, and outright lies.

Let's start with the numbers. It's often said that if you repeat a lie often enough, it becomes accepted as a truthful conventional wisdom (it certainly worked for Bush for a long time). And for those of us paying attention, we always hear from the VT GOP that Act 250 keeps away business, just like our tax rates make rich people leave the state (Jon Margolis has a lot on that "rich people leaving" nonsense here).

They repeat the lie often enough, and the lapdog press for the most part repeats it, ad nauseum, unquestioned. Just look at this nonsense:

Kevin Dorn, secretary of the agency of commerce and Community Development, said it's impossible to quantify the downward pressure Act 250 imposes on new development. He said though that a "mountain of anecdotal evidence" suggests would-be entrepreneurs are forgoing business plans for fear of getting entangled in Act 250 red tape.

"The labyrinth is there, and it's daunting to get through," Dorn said. "… We have story after story of businesses or individuals saying it's just not worth it."

So, in one sentence we have "it's impossible to quantify" and right afterwards, there's "plenty of anecdotal evidence", which says to me he's pulling these imaginary numbers out of the darkness of his hindquarters. "Some people say" is not the same as "actual numbers". 

Now, putting aside for a minute the fact that the few people who have been denied permits are expectedly going to bitch and whine about it, let's look at some numbers. Real numbers, not mythical, made-up ones from the Republican stratosphere. As the article briefly mentions, Jake Brown from the VNRC pointed out that the actual amount of permits denied is exceptionally low. I've got those numbers sitting in front of me, from the state's own Vermont Natural Resources Board Report from 2007 (which, apparently, Douglas couldn't bother to read, as it was probably in his wastebasket), and they pretty much knock dead this idea that Act 250 is a long, drawn-out process that denies a lot of development.

For 2007:

Number of applications: 428.

Number denied: four (0.9 percent)

Percent of Act 250 applications processed as minors or administrative amendments (no public hearing unless required): 83 percent

Median processing time at District Commission level: 35 days.

Percentage of permits issued w/in 60 days: 65 percent

Percentage issued within 120 days: 81 percent.

Estimated percent of Act 250 decisions appealed to the Environmental Court: 1-2 percent

Estimated 60 percent of all development in the state does not fall under Act 250.

So, of the 428 permits applied for, a whopping four (0.9 percent) were denied. Can you smell it? It's pretty thick. As to the "lengthy, drawn out process", a full 81 percent were issued within 120 days, 65 percent within 60 days. The way Douglas and his toadies put it, you'd think people were waiting 4 years to get a permit. Pfft. And what's even more illustrative of the amount of bullshit Douglas is spewing, his very own words at his presser this morning likened the permitting process as a "culture of no"!  A 99.1 percent approval rate in 2007 sounds much more like a "culture of yes". But godless forbid if a reporter actually calls him on that fact.

What's more, often the rejected permittees alter their plans, and end up geting approved in many cases. I believe Okemo had wanted to put some new ski trails in an environmentally sensitive area a few years back... the permit was denied, they made some alterations, got their ski trails and we got the environmental protection. Sounds like win-win. What's more, it sounds like Jim Douglas is outright lying, and hoping you won't notice. Or perhaps that you're just too lazy to connect the dots.

As Douglas would have it, "economic and social consideratons" would get more weight, which sounds like if he's told it would create jobs, that should be good enough- the hell with endangered wildlife habitat and the like, those bears can just apply for all of those new jobs it will create. And those ursine slackers better not even think of applying for social services, as those are on the chopping block, as well.

To get all meta for a second here, a major problem with our culture is that when economics and environment clash, the economics win out more than not. What's so great about Act 250 is it levels increases the odds in favor of the environment, a rarity in our modern, make-money-at-all costs society. It needs to stay the way it is. To add insult to injury, Douglas throws in the whole "more self-regulating" nonsense that the GOP loves so much and almost always never works. C'mon, Jim, if you're going to wage war on the environment, could you at least be a bit more original about it? People that hate government should not be running things.

There are two other things that need mentioning here. Douglas often seems to be critical of the Agency of Natural Resources. Perhaps, like when he ignored the global warming advice of his own comission last year, he doesn't realize that it's an entity under his watch? Howzabout streamlining the management process over at ANR? Or is that not sensationalist enough?

Lastly, the cronyism in the Douglas administration is really getting out of hand, it's so Bushlike, and relevant to the issue at hand. Just look at the recent appointment of Tayt Brooks to the head of the housing section of the Agency of Commerce and Community Development. Before June, Brooks was the lobbyist for the Homebuilders & Remodelers Association - their PAC arm, HomePAC, is a regular Douglas/GOP contributor. If you've got the patience to go through campaign finance reports here, here, here and here, you'll see that Douglas and the GOP gets a huge amount of money from them and other similar interests. And now the former head lobbyist has a cushy spot in the Douglas administration. Ve-eee-ry interesting. Methinks it's money well spent, as not only does one of their own have a nice, new job in DouglasCo, but they're getting Jim to renew his assault on their favorite target.

This session, I suspect, is going to be a heated, tumuluous one. The economy is in the tank, and Douglas, confident from his electoral victory (perhaps, with a sense that next time might not be so easy) sees this whole mess as something to exploit to the advantage of his business buddies. It's time to put the brakes on this, starting now. I'll be following up on this as it develops.

 

 

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Raise Your Voice!
Welcome back (0.00 / 0)
that's one hell of a diary to get back into blogging with.  Good work.

Musician, Web Designer, Photographer

Thanks... (4.00 / 1)
It's always fun to dig into something substantive. I was going to write about how Mr. "Change" Obama just picked a former Raytheon lobbyist for his #2 at the Pentagon slot, but this took precendence as it's closer to home.

You can read JD's latest at five before chaos. Politics. Godlessness. Music. Films of questionable quality. It's all there, folks.

[ Parent ]
So... (0.00 / 0)
who's gonna be the first brave soul from the press to ask Douglas about the .9 percent? Bets? No one?

You can read JD's latest at five before chaos. Politics. Godlessness. Music. Films of questionable quality. It's all there, folks.

Radical stuff (0.00 / 0)
Use the press conference format to ask a politician an uncomfortable question.What are the odds?  

[ Parent ]
My Bet (4.00 / 1)
None of 'em.  I got your first beer at our next get together if it happens.

"GMD's once proud libertarian-socialist"

[ Parent ]
I got both of y'all's 2nd and 3rd if it does. n/t (0.00 / 0)


[ Parent ]
good post (4.00 / 2)
one quick comment, however

You said, "What's so great about Act 250 is it levels the odds in favor of the environment, a rarity in our modern, make-money-at-all costs society. It needs to stay the way it is."

Yes and no. I agree that we need it but the actual process stacks the odds for developers (at least for the large projects). The district commissions base their decisions solely on the evidence presented. That's right, they don't do any research or analysis of their own. Pretty strange huh?

As a result, in most cases they're reading reports from consultants hired by developers. It's rare indeed that intervenors have the money to pay for consultants. [thank goodness for VNRC, CLF, and others]

So in addition to everything you said about Douglas' lies, the truth is we need to increase the power of and funding for the district commissions so the process is not dominated by deep pocket developers


Thanks (0.00 / 0)
Great point, Doug, and well taken. I guess to put it in context I was moreso coming from it from the notion that many states have nothing that even comes close to this kind of scrutiny. Does that make sense?

You can read JD's latest at five before chaos. Politics. Godlessness. Music. Films of questionable quality. It's all there, folks.

[ Parent ]
yes (4.00 / 1)
we are fortunate to have it
but like so many other things, we can make it better

[ Parent ]
Part of the war on Act 250 .. (4.00 / 1)
has been making it more expensive and complicated to participate in. When it's made citizen involvement more difficult, this has been called "pro-business"; but when it's made the process more difficult for an applicant this has been called "anti-business".

The war on Act 250 is just one act among many by those who want to deconstruct our collective government. Other areas under attack include the public school system (defund it), Social Security (put it in Madoff's hands), public health care (turn it over to the private insurance industry) and our only source of food, water, air and shelter (aka the physical environment).

What Douglas and his enablers are trying to do is make Act 250 so difficult for citizen participation, we'll throw our hands up in disgust and walk away. This constant attack against local control has been waged by Republicans and Democrats alike, and it is why Doug (above) has to say "thank goodness for VNRC, CLF and others" ... because those are some of the dwindling numbers of areas average Jane and John Doe can go to get affordable help regarding local development issues.

I really like Doug's suggestion we fund district commissions so they can act as their own fact finders.

It's over at http://ramabahama.net ... only it's still under construction (but so is the rest of my life)


[ Parent ]
A question (0.00 / 0)
Hey, JD, good post.

And I have a question: where did the estimates at the bottom of your green box come from?

Estimated percent of Act 250 decisions appealed to the Environmental Court: 1-2 percent
Estimated 60 percent of all development in the state does not fall under Act 250.

And how are they different from the made-up numbers and conclusions you rightfully criticize the Republicans and their developer buddies for using?

Just asking.

NanuqFC
In a Time of Universal Deceit, TELLING the TRUTH Is a Revolutionary Act. - George Orwell


Well, (0.00 / 0)
I would assume that the estimates are taken from the actual data that they have, as opposed to made up hunches that the GOP toadies put out there. The GOP ones don't seem to be based on any data whatsoever.

You can read JD's latest at five before chaos. Politics. Godlessness. Music. Films of questionable quality. It's all there, folks.

[ Parent ]
you got a problem (0.00 / 0)
with anecdotes?

if you want the inside scoop, I recommend talking to Ed Stanak; he's worked in the Act 250 bureaucracy for years and is the former Pres. of the VSEA; good man

not sure if he's comfortable using his work e-mail; perhaps you should try to reach him through VSEA 802-223-5247
he doesn't work there but they might give you other contact info. or forward messages

BTW - his daughter Emma is running for city council in Burlington (Jane Knodell's now open seat); she works for NEA (as a field organizer I think) and is the former Livable Wage staffer at the Peace & Justice Center; like her old man, a good person


[ Parent ]
Also Emma Mulvaney-Stanak ran (0.00 / 0)
or at least helped run to a major degree Scudder Parkers' gubernatorial campaign.

NanuqFC
Change does not roll in on the wheels of inevitability, but comes through continuous struggle. - Rev. Martin Luther King, Jr.


[ Parent ]
She was field director n/t (0.00 / 0)


Nullius perfectus est

[ Parent ]
Amazing (4.00 / 1)
JD
This is a great post.  

It is amazing to me that on one hand Douglas tries to break the back of Act 250, which would lead to a Connecticut style suburban trashing of Vermont's beautifully orchestrated environmentally sensitive development.  And, then on the other hand, Douglas wants Entergy to keep running the aging Vermont Yankee without any permanent waste storage, not enough money to decommission the plant, and he nixed the purchase of the CT river dams which would have meant that Vermonters would not even need ENVY.  Then to top it all off, Douglas has so much environmental concern, that he doesn't want any windmills to destroy Vermont's pristine ridge line views, only McMansions get that privilege if he can gut Act 250.


His position on wind turbines (4.00 / 1)
is a great counter to probably the most smug line of his address:

As we strive to protect that which is so special about Vermont, we must recognize that a "working landscape" requires Vermonters to be actually working - not simply admiring the view.

but there were a lot of contenders. It was a virtual Mad Libs of time honored Yankee qualities like industry, thrift, innovation, frugality, temperance, and pomposity.  


[ Parent ]
Of Note (4.00 / 2)
requires Vermonters to be actually working - not simply admiring the view.

It was under the GOP leadership of the 40's, 50's, 60's, etc that Vermont transformed into an economy based on tourism (a move that, in my opinion, was ground-breaking and unique at the time in global economics) and that required the landscape to look a certain way to attract the desired economic stimulus (tourist dollars)... that doesn't seem to be the best long-term plan, does it Douglas?

"GMD's once proud libertarian-socialist"


[ Parent ]
We have to go toe-to-toe with Douglas on this one... (4.00 / 2)
If he wants "permit reform," let's give him more than he's bargained for, starting with a demand for punitive consequences for any member of a quasi-judicial body who is discovered to be guilty of conflict of interests.  Conflicts of interest are rampant right through the entire permitting process here in Franklin County; and I have no doubt this situation is repeated all over the state.  It is so commonplace, and communites are so accepting of these practices that, when challenged, the offenders seem genuinely astonished. Of course there's nothing really provided in the way of consequences, so it just keeps happening over and over again.  I have been told by fellow citizens that this is "just the way things get done around here.

If Douglas wants a more efficient process, he should begin by providing stiff penalties for conflicts of interest, and that should serve to eliminate the underlying cause for much of the traffic in Appeals.  How dare he try to wrestle away from private citizens their only hope of preventing unscrupulous developers and their cronys on permit boards,from divvying-up the last tracts of open land in Vermont?  


Every Crook and Cronie (4.00 / 1)
 "Conflicts of interest are rampant right through the entire permitting process here in Franklin County; and I have no doubt this situation is repeated all over the state."

Not just permitting. In the Byzantine politics of Brattleboro, the serfs get raped every time the old boys get back in power.

What's worse, the lefty group that got to power let it go to their heads and became a new boys club. Neither club lets anyone in, they hold their secret meetings with naught but a behind the hand giggle and do what benefits them. One side politically, the other financially.

I'm sure you've all heard about the "no snow removal/no pay for garbage bags/no town trash pick ups/yes snow removal/yes trash pick up/yes PAYT" saga. This benefits only one group; landowners.  At least this time they threw out some red herrings to throw people off. And the Chair said that what the Town Meeting votes doesn't really matter.

P.S. The majority of the SB is Democratic!


[ Parent ]
If Only (4.00 / 1)
If only it could be quantified how many people have moved here or built/bought second homes here (I'm referring actually to these people's tax dollars and other economic stimulus, ie building projects, etc) as a result of the picturesque scenic landscape- which is directly existent thanks to Act 250- perhaps Douglas' "economic development" vs. environmental protection debate could be brought into context

"GMD's once proud libertarian-socialist"

That's a good point. (0.00 / 0)
Beyond the 2nd homeowners, lots of transplants fell in love with how VT looked and we moved here to see that beauty on a regular basis. For how many decades/generations has Vermont's beauty alone drawn wealth and stability here? How does one put a dollar value on that? It'd be in billions, all these years and people.  

[ Parent ]

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