(Host) A legislative committee doesn’t like the idea of allowing all-terrain vehicles to use state land.
Lawmakers say the proposal goes beyond the Douglas administration’s authority. And they blasted the administration for failing to keep them informed as the rule was being prepared.
VPR’s John Dillon has more:
(Dillon) The Agency of Natural Resources released its controversial proposal to allow ATVs on state land last spring – shortly after lawmakers went home for the year.
That timing clearly bothers members of the Legislature’s committee on administrative rules. Orange Senator Mark MacDonald chairs the panel, and he put the Natural Resources secretary on the hot seat.
(MacDonald) Mr. Secretary I want to know why something of such importance, that you believe in so strongly was pulled out after the Legislature adjourned?
(Dillon) It’s MacDonald’s committee that now must decide whether to support the ATV rule.
The state can still implement the rule if the committee votes no. But a negative vote gives opponents legal ammunition if they challenge the rule in court.
Lawmakers can vote against the rule if they believe it exceeds the authority of the state agency. And that’s clearly where the panel is leaning.
Newfane Democrat Richard Marek is the panel’s vice chairman. He drafted a resolution that asked the Douglas administration to withdraw the proposal.
(Marek) "The rule is objectionable as being beyond the agency’s power at this point."
(Dillon) But committee chairman MacDonald was more focused on what he said was the bigger issue. MacDonald scolded the Douglas administration for failing to bring the proposal to lawmakers last spring.
(MacDonald) "That’s not usually the way Vermonters make changes in policy. They make them with discussions about policy in the committees of jurisdiction and the agency goes out and follows the law."
(Dillon) ANR Secretary Jonathan Wood said his agency has the legal authority to allow ATVs on state land under a law passed in 1983. And he suggested that MacDonald was swept up in the heated nature of the debate over ATVs.
(Wood) "It’s very clear that the emotional and political pressure of this issue is one that you folks are most focused on, or at least you are, Mr. Chairman."
MacDonald: "No we’re not. In fact, Mr. Secretary, our job is not to deal with emotional differences on this issue. That’s for the committees of jurisdiction and the public discourse and the legislative process."
(Dillon) Wood said the proposal for ATVs on state land does follow state policy – which is to encourage a statewide ATV trail network.
(Wood) "This is totally consistent with how the agency manages public use of public land for all forms of recreation. It is following the same process; it is following clear legislative intent."
(Dillon) The committee gave the agency more time to respond to the objections. Lawmakers said they’ll vote on the ATV proposal later this month.
For VPR News, I’m John Dillon in Montpelier.