Senate committee holds Bill 36‑0211 after hearing on allowing microbreweries, microdistilleries; members request stronger environmental safeguards

The Senate Committee on Disaster Recovery, Infrastructure and Planning on Monday heard extensive testimony on Bill 36‑0211, a measure to amend Title 29 of the Virgin Islands Code to permit small‑scale microbreweries and microdistilleries as conditional uses in specified zones.

The bill’s sponsor, Senator Milton E. Potter, told the committee the proposal came from the governor’s office and would create a defined micro‑scale category with an annual production cap of 100,000 gallons. Potter moved that the measure be held "in committee at the call of the chair" to allow further work; the motion carried on a roll‑call vote with seven affirmative votes.

Why it matters: supporters and DPNR (the Department of Planning and Natural Resources) said the change would let small producers expand without repeatedly seeking legislative variances while allowing DPNR and Licensing and Consumer Affairs to set operational conditions. Opponents warned the bill, as drafted, lacks front‑end statutory safeguards on wastewater pretreatment, storage, and siting that they say are needed to protect beaches, mangroves, aquifers and nearby residential properties.

DPNR Commissioner Champier Oriole described the department’s role as reviewing zoning consistency and said the proposal would be paired with rules and regulations. "We test [Frederiksted beaches] every single week to make sure it's safe for swimming for our residents," Oriole said, noting the department would require separate wastewater treatment for facilities not connected to municipal sewers.

Environmental testimony and regulatory questions dominated the hearing. Alice Charles of People Protecting Places presented aerial photos and said runoff and dark, black water observed near Pemberton’s Land and Rainbow Beach are generated on Prosperity Farm; she asked the committee to require clear pretreatment and containment standards before granting broader zoning rights. Attorney Kevin Reams, counsel for Prosperity Farm, disputed broad assertions that vinasse had left the farm and noted the only published finding cited in testimony was elevated enterococci offshore; he urged a deliberative legislative process to resolve ambiguities in existing statutes.

Industry witnesses and the bill’s backers urged that modern, adjustable rules better manage technological changes. Master distiller Vanessa Braxton described industry mitigation practices, saying small operations commonly use holding tanks and on‑site treatment or third‑party filtration companies to reduce environmental impacts.

The committee’s action: Senator Potter’s motion to hold the bill at the call of the chair passed in committee; the chamber recorded seven yays during roll call. Committee chair Senator [unnamed in transcript] and other members said they would convene a working group to draft a consolidated set of amendments focusing on environmental protections, permitting detail, reporting and enforcement before the bill returns for further consideration.

Next steps: The committee will solicit input on proposed statutory language and regulations from DPNR, Licensing and Consumer Affairs, the Department of Health, agricultural stakeholders and community groups before reformatting Bill 36‑0211 for another hearing.