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FEBRUARY 14, 2019
WILLISTON’S NEWSPAPER SINCE 1985
WILLISTONOBSERVER.COM
Bills target fossil fuel industry By Jason Starr Observer staff
Environmentalists who failed to stop the expansion of a natural gas pipeline into central Vermont three years ago are backing legislation that would prevent a similar expansion in the future. House bill 51 was introduced last week in the Vermont House of Representatives, co-sponsored by Williston Rep. Jim McCullough. A Senate version of the bill (S.66) is co-sponsored by Williston Sen. Debbie Ingram. The bills define “natural gas” as a fossil fuel and would ban the construction of fossil fuel infrastructure in Vermont — exemplified by the transmission line Vermont Gas installed through Williston and Hinesburg in 2016 as part of the company’s service expansion into Addison County. The project resulting in protracted legal disputes from landowners in the pipeline’s path as well as dozens of construction-site protests. Supporters in Addison County welcomed the pipeline as an economic boost and a new choice for heating fuel. Vermont Gas Spokesperson Beth Parent noted that it is an environmentally cleaner alternative to heating oil and propane. “Our goal is to offer (natural gas) to more families and businesses,” she said. The company views natural gas as a key part of the state’s effort to reduce carbon emissions. Parent points to a program where Vermont Gas customers can opt in to source gas from landfills, wastewater treatment facilities and farms — as opposed to the non-renewable underground fracking process that makes up the majority of the company’s supply — as a way to help the state achieve its goal of sourcing 90 percent of its energy from renewables by 2050. “We share the state’s vision for a clean energy future,” she said. Environmentalists who intro-
‘You better have a good reason to use eminent domain. Fossil fuel infrastructure doesn’t come close to meeting that threshold.’ –Terence Cuneo Williston
OBSERVER FILE PHOTO
Protesters rally against Vermont Gas’ expansion into Addison County in this 2016 file photo. Legislation proposed last week would ban future fossil fuel expansion in Vermont.
duced the bills last week hope 2016’s natural gas expansion is the last of its kind in Vermont. “It makes no sense to continue installing fossil fuel infrastructure that has a decades-long payback when we need to massively cut our emissions,” said Rep. Mary Sullivan of Burlington who introduced the House bill. “This transition away from our fossil fuels will strengthen our economy, improve our air quality and reduce our emissions. Let’s remember, 78 cents of every dollar we spend on fossil fuel leaves our local economy.” The bill would prohibit the Public Utility Commission from issuing a Certificate of Public Good for a natural gas transmission line as well as prohibit state and municipal land use permits for natural gas lines. The bill recognizes federal authority to approve interstate natural gas facilities but asserts
that the State of Vermont’s position in any federal certification hearing “shall be that the facility is contrary to the general good and should be denied.” The legislation threatens Vermont Gas’ ability to build out its service in Addison County by constructing smaller distribution lines to new residential and commercial customers. Related legislation introduced last week (H.175) would prevent the use of eminent domain land takings to facilitate fossil fuel infrastructure. Vermont Gas, through the authority of the Certificate of Public Good it received from the Public Utility Commission, used eminent domain to force the Addison County pipeline through Geprags Community Park in Hinesburg. The possibility of an eminent domain taking was also part of negotiations with homeowners along
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the route in Williston throughout 2015 and 2016. Terence Cuneo lived with his wife and four children on Chaloux Lane when Vermont Gas notified him of the company’s intent to run the pipeline through a portion of his 10-acre property. With the specter of an eminent domain taking coloring negotiations, Cuneo describes the following two years as overwhelming and confusing. “As a property owner, I was completely unprepared,” he recalled. “It was a massive expenditure of time, energy and effort to figure out our rights and what made sense for us to do.” Cuneo banded together with other homeowners along the path to hire legal representation, requesting and receiving state funds to help with the cost. He rejected Vermont Gas’ initial offer to pay for an easement, triggering eminent
domain proceedings. Ultimately, the family sold the entire property to Vermont Gas and relocated to St. George. “Eminent domain is a threat companies can use to get what they want,” Cuneo said. “Everything is stacked against the homeowner. You’re just trying to figure out how you’re not going to get your shirt taken off your back.” Through the process, the family grappled with questions about the safety of gas pipelines, the effect of the pipeline to the value of their home, the strength of property rights in Vermont and the wisdom of fossil fuel infrastructure. “There were a whole lot of questions that it was very difficult to get satisfactory answers for,” Cuneo said. The Cuneos, who continue to prosecute a dispute about whether they were properly notified when pipeline construction began while they still owned the property, support the proposed ban on eminent domain. “You better have a good reason to use eminent domain,” said Cuneo. “Fossil fuel infrastructure doesn’t come close to meeting that threshold.”
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