ANDREW KLEIN
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Paper · October 29, 2026

Good intentions will not fix Vermont.

Ruth Hardy may mean well, but she is not delivering for Vermont. Her record shows two problems: she is not focused on the problems Vermonters face, and she is not a careful steward of Vermonters’ tax dollars.

Every bill is listed, with its official record, in Sen. Ruth Hardy’s record in review.

The short version

Vermonters have been clear about what is wrong. It costs too much to live here, there are not enough homes, and property taxes keep climbing.

Problem 1: Not focused on the problems. Of the 233 Senate bills Sen. Hardy has sponsored or cosponsored since 2019, only 9 were aimed at the core issues facing Vermonters: housing, property taxes and schools, the workforce and the cost of living. None of those 9 made it easier to build a home or lowered anyone’s property taxes.1

Problem 2: Not a careful steward of tax dollars. She cosponsored three new state programs, two of them the first of their kind in the country, and voted for the bills that committed $3,075,000 to them. Before each vote, state agencies, the Governor’s office or the fiscal office raised basic questions: Will it work here? What will it cost families? Does the state have the capacity? Will it hold up in court? The money was committed before those questions were answered.

Program Hardy’s role Committed Where it stands
Clean Heat Standard (Act 18, 2023) Additional sponsor; 3 yes votes, including the veto override $1,725,000 Regulators found it “not well suited to Vermont.” It never took effect.
Environmental-justice map (Act 154, 2022) Additional sponsor; voted yes $750,000 Due Jan. 1, 2025. The deadline has been pushed back twice, to 2028.
Climate Superfund (Act 122, 2024) Additional sponsor; voted yes, twice $600,000 Being challenged in federal court, including by the U.S. government. Courts have struck down New York’s similar law twice since August.

The lesson is simple. Spend a little to find out first. Don’t commit millions to something that doesn’t work.

Problem 1: Not focused on the problems

Since 2019, Sen. Hardy has sponsored or cosponsored 233 Senate bills. We read the stated purpose of each one and asked whether it took on the problems Vermonters name most: housing supply, property taxes and school results, the workforce, and the cost of living.1

Her 233 Senate bills, 2019–2026: were they aimed at the core issues facing Vermonters?
929195 aimed at none of them
Aimed at the core issues: 9Touched them: 29Aimed at none: 195
Where the 195 went, by subject
Other66
Energy & environment34
Health care18
Criminal justice18
Government & elections15
Firearms13
Schools & higher education12
Labor & wages10
Housing & property taxes5
Taxes & household costs3
Workforce1
Grouped by subject. A bill can be about housing or schools without adding homes, cutting costs or improving results; those count here. Every bill is listed at andrewkleinvt.com/writing/hardy-bills.

The 9 were mostly workforce bills (help recruiting doctors, nurses, dental and social workers, and career-tech education), plus reading instruction, a health-care permitting change and a caregiver tax credit. The 29 touched the issues indirectly or for a small group: free tuition, small tax credits, health-care rules, car inspections. Bills she introduced herself included a Sister State Program (twice), a State House art and portrait committee, and a Vermont Libraries Day.1

None of that is wrong in itself. But time, staff and money are limited. A legislator who puts them into three expensive experiments, and not into the costs Vermonters live with every day, has made a choice about priorities.

Problem 2: Not a careful steward of tax dollars

Three programs show the same pattern: money committed first, basic questions answered later, if at all.

A. The Clean Heat Standard (Act 18 of 2023)

What it was. A plan to have state regulators design a credit system for heating fuel. Fuel dealers would have had to pay for heat pumps, weatherization or cleaner fuels, or buy credits from someone who did. The cost would have been passed on in the price of every gallon of heating oil and propane.2

Hardy’s role: Additional sponsor.

She voted yes on Mar. 2, 2023, again on Apr. 27, and on May 9 to override the Governor’s veto.3

What was on the record before she voted

The warnings came first: the credit market wasn’t needed, and it could raise heating fuel 70¢ a gallon.

  • The Governor’s office (Jan. 20, 2023): there was “no information on the fiscal impacts.” “A reasonable cost estimate is necessary.”4
  • The Agency of Natural Resources (Jan. 26): the program “could initially raise the price of a gallon of heating fuel by 70-cents per gallon.” “We need to prove out what is envisioned in S.5.”5
  • The Public Utility Commission, the agency that would run it (Feb. 14): with a single statewide delivery agent, “there is no need for a system of tradeable clean heat credits.”6
  • The Public Service Department (Mar. 31, to a House committee): “Is this cost and complexity necessary to meet GWSA requirements?” (GWSA is the Global Warming Solutions Act, the state’s climate law.) It recommended that cost estimates “inform policy design” first.7
  • The Governor’s veto letter (May 4), five days before her override vote: “the unknowns are too numerous.”8

What it cost. $1,725,000 was set aside. Most of it paid to build the program, not to test whether it would work.9

What the $1,725,000 paid for Amount Kind of work
Public Service Dept.: potential study and modeling $250,000 Study
Public Service Dept.: consultants $200,000 Verification and support
Public Service Dept.: staff, 3 positions $450,000 Staff
Utility Commission: staff, 3 positions $440,000 Staff
Utility Commission: credit-database consultant $100,000 Program design
Utility Commission: clean-heat consultant $200,000 Program design
Utility Commission: facilitator, ads, per diems, translation $85,000 Process
Total $1,725,000

Only $250,000 was for a study, and the study it paid for did not include a cost estimate.33 $890,000 paid for six staff positions, and five of them were made permanent, for a program that might never be approved.2 The Public Utility Commission had spent $829,838 by January 2025, more than its $825,000 share, and expected to spend about $395,000 more from carry-forward and reserve funds. More than $1.18 million is documented as spent across both agencies, not counting the Public Service Department’s staff.9,10 Even the fiscal office’s final note, written after her votes, had no estimate of what the program would cost households.9

What happened

The verdict: too costly, and not needed.

In January 2025 the Public Utility Commission reported that the program “is theoretically workable,” but that it “does not believe that this program is well suited to Vermont.” It found:

  • The costs would be “regressive.”
  • “The costs associated with developing a fluid trading platform for Vermont alone would far exceed the benefits … a simple administrative database could be constructed.”
  • Vermont should build “upon existing programs rather than overlaying a new and complex regulatory structure.”
  • “The Commission strongly recommends that the Legislature find an alternate way of achieving GWSA requirements in the thermal sector.”11

The Legislature never authorized the program, and the Commission closed the case in January 2026.12

What could have been learned first, cheaply

Most of it could have been known before the vote, from what the state already had.

  • Whether Vermont needed a new structure at all. In 2021 the same Commission had already told the Legislature that “Vermont already has the organizational structures, regulatory oversight, and experience to implement the programs we need.” The problem was funding. It had already proposed simpler options: a funding charge in 2019, and a fuel-tax increase for weatherization in 2021. In 2025 it said both “would be less complex and would have lower administrative costs.”11
  • Whether Vermont alone could support a credit market. The state already collects a per-gallon fuel tax from every retail heating-fuel seller, so a records request would have shown how few sellers there are. The Commission’s draft list of fuel importers who would owe credits later showed how concentrated the market was: the top two would owe about 20% each, the next 14 about 40%, and the last 70 about 18% (based on registration data the Commission said was incomplete).11
  • Who would owe the credits. The state already had the list of fuel sellers from the fuel tax. In 2025 the Commission said that defining who owes credits by that list would have been “less costly and more reliable.”11
  • Whether Vermont had to build its own credit system. Since 2017, Vermont had tracked renewable-energy credits in an existing regional registry instead of building its own.34 A registry for heating credits already existed too; in 2025 the Commission priced it at $2,500 per user per year.11,35
  • Whether anyone else had made this work. As far as the record shows, no one had. Vermont’s was described as the first such law in the country.13

The warnings she voted past

Five problems were on the record before she voted to override the veto. She voted yes three times anyway.

  1. Vermont didn’t need a new structure. It needed money. Act 18 built a new regulatory structure. But in 2021 the Commission that would run it had already told the Legislature that Vermont had the structures it needed and lacked only funding. The act solved a problem the state did not have.11
  2. Without the credit market, it was an option Vermont already had, made more complicated. The credit market was the program’s defining feature. In February 2023 the Commission told the Senate committee that with a statewide delivery agent “there is no need for a system of tradeable clean heat credits.” Without the market, fuel dealers pay an agent to install heat pumps and weatherization: a per-gallon charge that funds efficiency work. The Commission had already proposed that, more simply, in 2019 and 2021.6,11
  3. Every family heating with oil or propane would pay, including the ones it promised to protect. The law says it “minimizes costs to customers” and prioritizes “customers with low income and moderate income.” But a charge on fuel sellers is paid through the price of every gallon, including by families who never get a heat pump. That took no study to see. The Agency of Natural Resources warned it could add 70¢ a gallon at the start; supporters disputed the size of that number, not that families would pay it.2,5,36
  4. The agencies that would have to run it doubted it. The Agency of Natural Resources said the idea had to be proved out. The Commission said that with a statewide delivery agent, the credit market wasn’t needed. The Governor’s office asked for a cost estimate, and the Public Service Department asked whether “this cost and complexity” was necessary. A program its own agencies doubt before passage rarely comes back with their recommendation. This one didn’t: in 2025 the Commission “strongly recommends that the Legislature find an alternate way.”4,5,6,7,11
  5. As far as the record shows, no one had done it before. Vermont would be first in the country, paying alone to design an untested program for about 200 fuel dealers (by the dealers’ own count) with no regional partner. The dealers warned: “Vermont should not go it alone.”13,37

None of this took a $1.725 million design process to find. It was on the record before her final vote. She voted yes three times, including to override the Governor’s veto. Two years and more than $1.18 million later, the Commission reached the same conclusion.3,10,11

B. The environmental-justice map (Act 154 of 2022)

What it was. A law requiring the Agency of Natural Resources to build a Vermont-specific map of communities facing environmental burdens. It also set up a new council, agency plans and reports.14

Hardy’s role: Additional sponsor.

She voted yes on Mar. 29, 2022.14

What was on the record before she voted

The tools already existed: 17 states had maps, and the law itself named the federal one.

  • The Agency of Natural Resources (Feb. 17, 2022): “At least 17 states have developed mapping tools.”15
  • The agency made the case for a Vermont tool (Mar. 14–16): national tools “do not appear to be well-suited” to Vermont communities.38 After her vote, it told the House a new tool “can take 2-3 years.”18
  • The law itself allowed the state to use existing tools, “such as EJSCREEN” (the federal tool) and the Vermont Social Vulnerability Index. Even so, it required a new Vermont map.14
  • The fiscal office’s early estimate was $3 million and about 20 positions. It was cut to about $700,000 before passage.16

What it cost. $750,000 was committed: $500,000 for the map and outreach, and $250,000 for staff.14 The agency’s environmental-justice unit cost $322,342 in fiscal 2025. The agency says the unit also handles federal civil-rights duties.17

What happened

Due in 2025. Now promised for 2028.

  • The agency later told the House that “it can take 2-3 years to adopt a mapping tool.”18
  • The map was due Jan. 1, 2025. The deadline was pushed to 2027, then to 2028.17
  • $151,600 of the map money was still unspent as of early 2026.17

What could have been learned first, cheaply

How long a new map would take, and whether an existing tool could be adapted, could have been settled first.

  • Could Vermont adapt one of the existing tools?
  • How long would a new one really take?
  • What would the map be used for?

At least 17 states and the federal government already had mapping tools. Vermont committed $750,000 under a law that required a new map of its own, and more than four years after her vote, the map still isn’t done.14,15,17

C. The Climate Superfund (Act 122 of 2024)

What it was. A law to charge large fossil-fuel companies for climate damage in Vermont. It made Vermont the first state in the country to pass one.28 Before any money could come in, the state had to complete a cost study, a feasibility report and new rules.19

Hardy’s role: Additional sponsor.

She voted yes on Mar. 29, 2024, and on passage on Apr. 2.19

What was on the record before she voted

Warned before the vote: legal risk, and no staff to carry it out.

  • The Attorney General’s office (Feb. 28, 2024): “there is legal risk associated with the bill.” The office also said it believed there were “sound, good-faith arguments” for it.20
  • The Agency of Natural Resources (Feb. 28): “ANR capacity to take on additional tasks … large or small – is completely exhausted.” It proposed a different “order of operations.”21
  • Industry opponents (Feb. 14): the bill “may be unconstitutional” and “is preempted by federal law.”22

What it cost. $600,000 was committed: $300,000 each to the agency and the Treasurer.19

  • More money requested. The agencies have since asked for $1.2 million more, plus $300,000 a year.23
  • Legal fees. After the Senate vote, the fiscal office warned that “the State is likely to face substantial legal fees,” and that litigation “could drag on for years, especially if Vermont is the first state.”24

What happened

Two federal lawsuits, and billing pushed back to mid-2028 at the earliest.

  • Two federal lawsuits are pending against Vermont’s law, one brought by the United States.25
  • New York’s similar law has been struck down twice.
    • The Northern District of New York ruled that it is preempted (Aug. 31, 2026).
    • The Southern District of New York ruled it unconstitutional under federal law (Sept. 23, 2026).26
  • No company has been billed, and no money has come in. In 2025 the Legislature gave the state another year: the cost study moved from January 2026 to January 2027, and the final rules from January 2027 to January 2028. Under the law, companies cannot be billed until six months after those rules are adopted.29,30,31,32

What could have been learned first, cheaply

Would it survive in court? Could the agency carry it out? Both were asked before her vote.

  • Would it survive in court?
  • Did the agency have the staff to carry it out?
  • Should Vermont act with other states rather than alone?

The Governor raised that last point when he let the bill become law without his signature.27

Vermont went first, alone, on a law its own Attorney General’s office said carried “legal risk.” Today it faces two federal lawsuits, New York’s version has been struck down twice, and no company can be billed before mid-2028.20,25,26,29

The pattern, and a better way

The three programs share the same pattern:

  • Each was built from scratch in Vermont, two of them as national firsts.
  • Each came with warnings on the record before the vote.
  • Each committed money before the basic questions were answered.

The questions were not hard. Most could have been answered in weeks, from documents and data the state already had:

The question How it applied How fast
Do we need something new, or more money for what works? Clean Heat: the regulator had already answered in 2021 Days
Do the agencies that must run it think it will work? Clean Heat, Superfund: they raised doubts on the record Weeks
What will it cost families? Clean Heat: no official cost estimate before her votes Months, at most
Can we adapt what already exists? EJ map: 17 states and a federal tool already existed Weeks
Will it hold up in court? Superfund: the AG flagged “legal risk” Weeks
Is Vermont too small to go it alone? Clean Heat market; Superfund Weeks

What I will do. Before Vermont commits the money, I will ask the basic questions first:

  • Will it work here?
  • What will it cost families?
  • Is there a cheaper way to find out?

Good intentions aren’t a plan. Results are.

Andrew Klein
Candidate, Vermont State Senate · Addison District
Support the Campaign

Sources

Every fact in this paper comes from the public record. The numbers in the text point to the list below. All sources were read Oct. 27–28, 2026.

  1. Vermont General Assembly bill pages and statements of purpose, 2019–2026, coded by the Klein campaign. Every bill is listed in the interactive bill analysis at andrewkleinvt.com/writing/hardy-bills.
  2. Act 18 of 2023 (S.5), as enacted. Link
  3. Vermont Senate roll calls 2024/10, 2024/59 and 2024/82 (2023 session; the Legislature numbers 2023–24 roll calls under 2024). Link
  4. Office of the Governor, memo on S.5, Jan. 20, 2023, pp. 1–2.
  5. Agency of Natural Resources, Sec. Julie Moore, written testimony on S.5, Jan. 26, 2023, pp. 3–4.
  6. Public Utility Commission, suggested edits to S.5, Feb. 14, 2023.
  7. Public Service Department (T.J. Poor), presentation to the House Environment and Energy Committee, Mar. 31, 2023, slides 10–11.
  8. Gov. Phil Scott, S.5 veto letter, May 4, 2023, p. 2.
  9. Joint Fiscal Office, fiscal note on S.5, May 31, 2023, pp. 1, 3.
  10. Public Utility Commission, FY2026 budget request, Apr. 23, 2025 ($829,838 spent through Jan. 31, 2025; about $395,000 more expected; carry-forward and reserve use); Vermont vendor-payment records, data.vermont.gov (Public Service Department Clean Heat line, $352,424).
  11. Public Utility Commission, Second Checkback Report on the Clean Heat Standard, Jan. 15, 2025, PDF pp. 5–6, 14, 59, 64–65, 71–72, 74 and Appendix C (pp. 116–118). Link
  12. Public Utility Commission, order closing Case 23-2221-INV, Jan. 30, 2026.
  13. Sarah Shemkus, “How Vermont’s pioneering clean heat plan fell apart,” Canary Media / Grist, Mar. 7, 2026. Link
  14. Act 154 of 2022 (S.148), as enacted, §§ 6001, 6007 and Sec. 4; Senate roll call 2022/136.
  15. Agency of Natural Resources, redline of S.148, Feb. 17, 2022, p. 4.
  16. Joint Fiscal Office, fiscal notes on S.148, Mar. 9–18 and May 6, 2022.
  17. Agency of Natural Resources, FY2027 budget presentation, slides 18–20 and 40; Act 181 of 2024; Act 152 of 2026.
  18. Agency of Natural Resources (Hengstenberg), testimony to the House, Apr. 13, 2022, pp. 6–7.
  19. Act 122 of 2024 (S.259), as enacted, Sec. 4; Senate roll calls 2024/166 and 2024/169.
  20. Office of the Attorney General, testimony on S.259, Feb. 28, 2024.
  21. Agency of Natural Resources (Wolz), presentation on S.259, Feb. 28, 2024, slides 3 and 7.
  22. American Petroleum Institute, testimony on S.259, Feb. 14, 2024.
  23. Agency of Natural Resources and State Treasurer, Climate Superfund Feasibility Report, Jan. 15, 2025, pp. 9–10.
  24. Joint Fiscal Office, fiscal note on S.259, Apr. 25, 2024.
  25. Chamber of Commerce v. Moore, No. 2:24-cv-01513 (D. Vt.); United States v. Vermont, No. 2:25-cv-00463 (D. Vt.). Dockets checked Oct. 27–28, 2026.
  26. West Virginia v. James, No. 1:25-cv-00168 (N.D.N.Y.), Memorandum-Decision and Order, Aug. 31, 2026 (Chief Judge Sannes); United States v. New York, No. 1:25-cv-03656 (S.D.N.Y.), Opinion and Order, Sept. 23, 2026 (Judge Castel).
  27. Gov. Phil Scott, letter on S.259, May 30, 2024.
  28. Abagael Giles, “Vermont just became the first state to try to make Big Oil pay for climate damages,” Vermont Public, May 31, 2024.
  29. 10 V.S.A. chapter 24A, §§ 598(f)–(g) and 599c, with history notes showing amendment by Act 47 of 2025 (eff. June 5, 2025).
  30. Legislative Counsel, S.259 timeline, Senate Finance, Mar. 21, 2024 (original dates: cost assessment Jan. 15, 2026; final rules Jan. 1, 2027).
  31. Agency of Natural Resources, Climate Superfund Act page, climatechange.vermont.gov, read Oct. 28, 2026 (cost assessment due Jan. 15, 2027; rule due Jan. 1, 2028; no payments reported).
  32. Austyn Gaffney, “Vermont’s litigious climate superfund law pushes forward,” VTDigger, Dec. 26, 2025.
  33. Public Service Department, letter filing the Clean Heat potential study with the Public Utility Commission, Sept. 3, 2024 (“the Potential Study does not include such a cost estimate”).
  34. NEPOOL GIS, “NEPOOL GIS Vermont RES and public report updates,” May 24, 2017. Link
  35. “Group reports milestone in tracking the benefits of renewable gas investments,” Canary Media / ENN, Mar. 2, 2021 (M-RETS thermal certificates). Link
  36. Energy Action Network (Duval), testimony on S.5 to the Senate Natural Resources and Energy Committee, Jan. 31, 2023, pp. 1–8.
  37. Vermont Fuel Dealers Association, testimony on S.5 to the House Environment and Energy Committee, Mar. 29, 2023, pp. 1, 4.
  38. Agency of Natural Resources, environmental-justice timeline presented to the House, Mar. 14–16, 2022.