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NEWINGTON, CT, May 12, 2006--Vermont lawmakers have passed a bill that incorporates the essence of the limited federal preemption known as PRB-1 into the statutes of the Green Mountain State. The measure, H.12, cleared the General Assembly is now on its way to Gov Jim Douglas for his signature. Echoing the language of PRB-1, the measure requires local ordinances to comply with §97.15(b) "by allowing for the erection of an Amateur Radio antenna or an Amateur Radio antenna support structure at a height and dimension sufficient to accommodate Amateur Radio Service communications."
"My congratulations to each and every one of you!" said ARRL New England Division Vice Director Mike Raisbeck, K1TWF. "This is a major achievement for Vermont, the New England Division and the hobby."
Vermont State Government Liaison David Cain, W1DEC, said the bill was taken up May 9 while the rules were suspended in the upper chamber. The Senate Government Operations Committee deleted a paragraph from the already-amended legislation and voted it out. The modified bill passed both legislative bodies May 10.
"Congratulations to all of you who helped so much in nursing this important bill through the legislative process these past 3-1/2 years," Cain said. "Hard work and persistence paid off." He said lawmakers "recognized the value of ham radio and the need for reasonable accommodation to the extend that PRB-1 is now codified in Vermont's statutes."
In Section 1 of the bill, the General Assembly declares it Vermont policy "that Amateur Radio use and Amateur Radio antennas and support structures protect and promote the public interest by providing important communications support to both government and the public during times of emergency when other communications infrastructure is disabled or overburdened and by presenting the public with an opportunity for public service, self-training, communications and technical investigation."
Language in the original Vermont antenna bill put into the legislative hopper at the start of the current session spelled out a schedule of minimum regulatory heights, below which localities could not impose restrictions. That language did not survive the legislative process, however.
The legislation that did pass also provides for the Department of Housing and Community Affairs (DHCA) to report to the House and Senate committees on government operations "concerning municipal permitting and siting of Amateur Radio antennas and Amateur Radio antenna structures and municipal compliance with state statutes." In developing its report, DHCA "shall consult with representatives" of Vermont's Amateur Radio community and include their recommendations and input in its report to the General Assembly.
So far, 22 states have enacted PRB-1 legislation. Vermont is now poised to be number 23.
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