Monthly Archives: October 2021

A Heartless Policy in Search of a Rationale

The Phil Scott Memorial Emergency Housing Unit

We are, once again, approaching a deadline to kick hundreds of unhoused people out of their temporary lodgings in hopes that they will (a) find permanent housing in a terribly tight rental market or (b) just go away, please. As of next Friday 10/22, more than 500 households are set to lose their housing. The original deadline was in June, and more than half of those housed in motels were kicked out at that time. State officials agreed to extend it for the neediest clients to September. Then, just before it was to expire, Gov. Phil Scott allowed a 30-day “pause” in terminating the program. He didn’t want to label it an extension because that might seem, I don’t know, too capitulative?

Now we’re waiting to see if another extens — sorry, pause — might be in the works. Meanwhile, anxiety levels must be going through the roof for those hundreds of clients.

But hey, don’t worry; pretty soon they won’t have a roof for their anxiety to go through. See, it all works out.

This is bad and heartless enough. (There’s also an element of blackmail, but more on that later.) But what makes it a moral calamity is that there is no goddamn reason to end this program right now. It’s not costing the state a dime because the feds are paying the freight through the end of this year. Plus, Vermont is swimming in federal Covid relief funds so there’s no excuse for kicking people out onto the street. Or campground, since that’s one resource being offered to the dispossessed.

Remind me again how the governor is devoted to protecting the most vulnerable. Or is that nothing but eyewash?

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Scott to Vermont: ¯\_(ツ)_/¯

After weeks of staunchly denying that there was a monster in the attic, the tactic is finally becoming untenable. The pounding, stomping and grunting is just too loud to ignore. So now we’ve switched to “Yes, there’s a monster and we don’t know what his intentions are, but we think it will go away on its own. No need to do anything.”

Yeah, the Scott administration’s carefully posed optimism was on short supply in the latest gubernatorial Covid briefing. After several days of case counts between 200 and 300, a rising test positivity rate, dozens of hospitalizations and a high death count, Gov. Phil Scott and his top officials have retreated from their Happy Place.

Still, despite the bad numbers and failed projections, he still insists that there’s no need for any additional action. It’s all about the vaccine, baby. Get your shots and you’ll be fine.

Well, maybe. At least you’ll be less likely to end up in a hospital or a grave.

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Dan French, Purposeful Cipher

Education Secretary Dan French is not the most inspiring sort of leader. If anything, he’s kind of just there. His facial expression and vocal affect are persistently flat. He tends to say nothing with a maximum amount of verbal camouflage. When he’s reading a prepared statement, his eyes rarely stray from the page. And when they do stray, it’s a brief upward glance and then right back down.

Which probably makes him the perfect education secretary for Gov. Phil Scott, who’s also fond of laying down large swaths of verbal camouflage and, well, doesn’t seem to care that much about the public schools except they should somehow operate more cheaply.

In the past couple weeks, French’s persona has not served him well in the public sphere. Although again, his boss is probably just fine with his performance.

At the October 5 Covid briefing, French mentioned in passing that he’d made a visit to the Canaan school district the previous day. It only occurred to me later that (a) Canaan is the only district in Vermont without a mask mandate and (b) Canaan is French’s old stomping grounds. It was there he rose from teacher to superintendent before moving on to bigger things.

That Canaan meeting was apparently not recorded. Or if it was, the recording has not been made available. That’s a shame, because I’d really like to know what he said about the advisability of masking.

Especially since, as someone who viewed the meeting told me, French did not wear a mask himself.

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The GlobalFoundries Deal Is Bad, But Maybe Not Quite Terrible

Had a polite conversation (well, it was testy at first) with someone in the Scott administration who’s involved in the talks with GlobalFoundries over its desire to create its own utility exempt from laws and regulations that apply to all other utilities. As a reminder, the Scott administration and GF have signed a Letter of Intent en route to a formal agreement that would allow GF to have its way.

I came away from the chat with a bit more perspective, but my fundamental belief remains: This is a case of government bowing to the demands of an employer that’s too big to deny.

I’m not naming the official because our chat was off the record, and also because this post reflects my own view of the situation and not theirs.

First, a significant correction. I wrote that the Global Warming Solutions Act set a greenhouse gas emission baseline of 1990 while the LOI uses 2005, when emissions were at their peak. In fact, the GWSA also uses 2005 as its baseline for the 2025 target. 1990 applies for other, later targets.

So in the LOI, GF is agreeing to abide by the 2025 emissions target in the Global Warming Solutions Act. But three things are still true: First, GF’s current emissions are only a tick higher than the 2025 target so the company won’t have to do much at all. Second, the letter is riddled with exceptions and exemptions that would allow GF to exceed the target. Third, the LOI would allow GF to exceed its target under a variety of circumstances.

But there is one line in the LOI that leaves the door open for further state action.

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That GlobalFoundries Deal is All Kinds of Terrible

Working on the Memorandum of Understanding (Not Exactly As Illustrated)

A few days ago, I wrote about GlobalFoundries’ bid to break away from Green Mountain Power and establish its own boutique utility. Well, it’s far worse than I thought. I’ve gotten a look at the Letter of Intent between GF and the Scott administration — no scoops, it’s a public document — and maaaaan, is it bad. Like, historically, unprecedentedly bad.

I won’t say the administration is acting as GF’s procurer, but I will say it’s told Vermont to put on a sequined microskirt and show the corporation a good time.

Really, I’m kinda shocked that there’s been no media coverage of this. It’s definitely newsworthy. Utility regulation is one of those boring, complicated matters chock full of legalese that tends to scare away reporters and editors. And readers, for that matter.

But compared to the usual thickets of legal and regulatory matters, this is an easy story to tell. It’s a story of a government bowing and scraping before a big business, sacrificing principle and sound policy in the process.

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Sh*t My Governor Says

The topline of yesterday’s Covid presser was all about the schools. Id est, how the Scott administration is imposing policies and expectations on the schools but refusing to lift a finger to help them handle the additional workload.

But there were several other statements we shouldn’t allow to pass unmocked. So here’s a sampler, a Children’s Treasury if you will, of dumb stuff said by the governor plus a couple of entries from Finance Commissioner and Number Cruncher Extraordinaire Michael Pieciak.

We’ll start with Scott playing pure politics, something he likes to accuse other people of doing. As he continues to resist calls for tighter anti-Covid measures, he was asked what he’d do if the Legislature passed such measures and sent them to his desk.

“I don’t think it’s necessary,” he said. “If they want to come back into session and they want to introduce a mask mandate, they want to limit travel, they want to shut down bars and restaurants, they want to limit gatherings, they want to cancel Christmas, I mean, that’s up to them.”

The deliberate exaggeration of opposing views is classic passive-aggressive Phil Scott. But cancel Christmas? When did the governor start watching Fox News?

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Gov Sends Thoughts, Prayers to Public Schools

“It’s unfortunate, the number of deaths,” he said. Yes, he did.

If the Scott administration were devising a pandemic strategy meant to put maximum pressure on our schools, it couldn’t do much better than this. At his weekly Covid presser, Gov. Phil Scott made it clear that he expects school officials to do everything they can to keep kids in the classroom, but they’re on their own for staffing an ever-evolving, incomplete regimen of Covid testing.

Other than that, Mrs. Lincoln, how was the play?

After brief statements from Scott and others, including the customary parade of carefully curated statistics from Finance Commissioner and CovidMeister Michael Pieciak, Education Secretary Dan French took to the podium and made it clear that the administration expected school systems to “maximize in-person learning” by any means necessary. His latest brainfart, “test to stay,” is a regimen of testing done at the beginning of the school day. Students who test negative can stay in class.

This policy, which is still being rolled out more than a month into the school year, puts the onus on school staff to conduct quick tests first thing in the morning. As for how the understaffed and overstressed schools should handle the additional work, French said, “I expect schools will add staff or reassign existing staff.”

But don’t think the state will kick in a single damn dime to cover the cost. French helpfully suggested that the schools use federal Covid relief funds to pay the freight. “Funding shouldn’t be the problem,” he said. I wonder how many districts have gobs of uncommitted federal dollars sloshing around right now.

But wait, it gets worse!

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We’ve Got an Overflow in the Moral Sewer of Vermont Politics

Something stinks around here, and it looks like the Powers That Be are scrambling to keep anyone from identifying the source of the stench.

For those just tuning in, tonight’s VTDigger brings us the happy tidings of an agreement between federal prosecutors and Bill Stenger, one of the defendants in the EB-5 fraud case. The two sides have agreed on what evidence will be presented in Stenger’s case… and in exchange, Stenger’s lawyers won’t force a whole bunch of well-connected Vermonters to testify under oath.

See, Stenger’s defense had argued that state officials knew about the fraud long before it was publicly revealed and did nothing to stop it. Given the contents of a recent document dump, it’s clear that Team Shumlin knew a great deal and did their best to keep it under the rug. So their appearances under oath would have been at least embarrassing and perhaps incriminating.

The Vermonters in question include former governor Peter Shumlin and at least five top officials in his administration. They would have taken the stand next week, so this deal is a last-minute reprieve for these worthies. And yet another roadblock in the path of public disclosure. This fraud goes back at least a decade, and we’ve still only seen the faint outlines of official complicity.

Imagine, just for shits and giggles, Shumlin takes the stand and his testimony is at odds with the evidentiary record. Or he ducks the questions and pleads the Fifth. Not a good look, that.

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Is GlobalFoundries Too Big To Deny?

They probably call this a campus”

It may not be “an offer you can’t refuse,” but GlobalFoundries has done its best to put state government over a barrel on electricity costs. Vermont’s largest private-sector employer wants to cut ties with Green Mountain Power and form its own utility. It would buy its power on the regional wholesale market.

If it gets its way, the utility would not be subject to Vermont’s renewable energy standards or a variety of other laws and regulations. This isn’t a little thing; GF accounts for 8% of Vermont’s electricity consumption. If GF gets its way, we’d have a harder time reaching our greenhouse gas reduction targets.

Unless, ha ha ha, it voluntarily complies. Ha.

The case was filed last spring before the Public Utilities Commission and got a flurry of media attention at the time. Since then, it has followed the PUC’s customarily meandering process with filing after memo after legal brief after rejoinder. But things are about to heat up. And there are any number of indications that the Scott administration is in the bag for the GF petition.

Which is no surprise, since underlying all of this is GF’s persistent, non-specific rumblings about competitiveness and costs and well, wouldn’t it be a shame if something happened to your big shiny employer?

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Covid Is NOT The Flu

Got into a bit of a tweetbeef ‘tother day with an acquaintance from Statehouse days. Not to name names, but he’s a lobbyist for… shall we say… Pat Leahy’s Favorite Body of Water Bedroom of Business Transactions?

Anyway, he squeezed out this little turd:

Covid is here to stay, we have just mitigated the effect so that has same odds and outcomes as the seasonal flu. You need to listen to scientist more…

“Listen to scientist,” you say.

I didn’t react well to this piece of nonsense, partly because I am at elevated risk & have a personal stake in this, partly because his follow-up tweets dripped with condescension, but mostly because this formerly fringe belief is rapidly and alarmingly entering the mainstream discourse. That’s dangerous.

And it’s bullshit.

And I have receipts. From “scientists” plural.

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