Gov. Scott vetoes Act 250 reform, data privacy bills

MONTPELIER, Vt. (WCAX) – Vermont Governor Phil Scott capped off his 51st career veto Thursday, rejecting lawmakers’ latest version of Act 250 reform, as well as a major data privacy bill.

The bill reforming Act 250, Vermont’s signature land use law, creates a new multi-tiered system for areas of the state where Act 250 would allow projects to build more in developed areas with existing water and sewer infrastructure. It would make it more difficult to build in areas with natural resources like forests, wetlands, and headwaters.

But as he has telegraphed all session, the governor says the measure doesn’t do enough to tackle the state’s housing crisis. In a letter to lawmakers, he says his team has a bill in hand that includes more exemptions for housing projects and development that lawmakers could pass during their veto session next week.

SCOTT VETOES DATA PRIVACY BILL

The governor also vetoed a bill aimed at protecting what kinds of personal data businesses can share online. It would put restrictions on what kinds of data companies can share — like your age, eye color, and location. It would also put restrictions on companies that keep over 25,000 data points on Vermonters.

Under the law, the Attorney General’s Office and individual Vermonters could sue companies. “What this law means — it’s a paradigm shift to a world when consumer’s data belongs to consumers, not the businesses that hold that data,” said Vermont Attorney General Charity Clark. “It’s saying to companies, it’s our data and they’re making money off it. It’s our data we get to decide what to do with it.”

However, the governor and some businesses have expressed concerns that it could open them up to nuisance lawsuits. Megan Sullivan with the Vermont Chamber of Commerce says they also support the responsible use of Vermonters’ data but says this bill is too strict and will be too costly for businesses to comply with. “Vermonters have the right to say when and where they want their data used but we need to do this in a way that complies with what other states are doing to make a solution that’s easy for businesses, protects consumers, and holds bad actors accountable,” she said.

Clarke says there are provisions in the bill to protect businesses from legal action who use fewer than 25,000 data points on customers.

The bill also prevents social media companies from developing algorithms to keep young people glued to screens for hours. It’s a part of the bill Governor Scott said he supports. “It’s unfortunate that it was brought into the bill — that’s one of the good pieces as well. But small businesses are very concerned about this, Vermont businesses,” he said on Tuesday. But Scott also had concerns about the potential legal risk to the state of Vermont, pointing to a recent lawsuit in California which is being challenged on First Amendment violations

House Speaker Jill Krowinski, D-Burlington, said in a statement that she was disappointed by the vetoes. She said the Act 250 bill was a balanced approach to housing and conservation, adding that the data privacy bill was aimed at protecting Vermonters’ security and dignity.

“Our collective efforts brought forth legislation that not only reflects our commitment to consumer protection from scams and identity theft but also sets a standard for the nation,” Krowinski said. “It is unfortunate that so much misinformation has been spread about this bill, but we know that Big Tech and their deep pockets are fearful of no longer having unrestricted access to Vermonters’ personal information.”

She says the House will attempt to override both vetoes next week.

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