1 | 1 | | BILL AS INTRODUCED H.113 |
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2 | 2 | | 2025 Page 1 of 5 |
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4 | 4 | | |
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5 | 5 | | VT LEG #379028 v.1 |
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6 | 6 | | H.113 1 |
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7 | 7 | | Introduced by Representatives Page of Newport City, Coffin of Cavendish, 2 |
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8 | 8 | | Demar of Enosburgh, Dobrovich of Williamstown, Goslant of 3 |
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9 | 9 | | Northfield, Hango of Berkshire, Higley of Lowell, Kascenska of 4 |
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10 | 10 | | Burke, Keyser of Rutland City, Labor of Morgan, Morgan, L. of 5 |
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11 | 11 | | Milton, Morrissey of Bennington, Ode of Burlington, Oliver of 6 |
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12 | 12 | | Sheldon, Pritchard of Pawlet, and Wells of Brownington 7 |
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13 | 13 | | Referred to Committee on 8 |
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14 | 14 | | Date: 9 |
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15 | 15 | | Subject: Conservation and development; water pollution control; lake in crisis; 10 |
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16 | 16 | | Lake Memphremagog 11 |
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17 | 17 | | Statement of purpose of bill as introduced: This bill proposes to declare Lake 12 |
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18 | 18 | | Memphremagog a lake in crisis and eliminate the criteria of declining real 13 |
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19 | 19 | | property value in the municipality in which the lake is located for the lake in 14 |
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20 | 20 | | crisis designation. 15 |
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21 | 21 | | An act relating to lakes in crisis and requirements for designation 16 BILL AS INTRODUCED H.113 |
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22 | 22 | | 2025 Page 2 of 5 |
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25 | 25 | | VT LEG #379028 v.1 |
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26 | 26 | | It is hereby enacted by the General Assembly of the State of Vermont: 1 |
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27 | 27 | | Sec. 1. FINDINGS 2 |
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28 | 28 | | The General Assembly finds that: 3 |
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29 | 29 | | (1) Lake Memphremagog is of integral importance to Vermont and 4 |
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30 | 30 | | Quebec as the lake: 5 |
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31 | 31 | | (A) is the largest body of water in northeastern Vermont and 6 |
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32 | 32 | | southeastern Quebec; 7 |
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33 | 33 | | (B) provides over 175,000 people with drinking water; and 8 |
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34 | 34 | | (C) is an important economic driver in northeastern Vermont and 9 |
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35 | 35 | | southeastern Canada, drawing people and resources for its beautiful landscapes 10 |
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36 | 36 | | and numerous recreational opportunities. 11 |
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37 | 37 | | (2) Phosphorus runoff is causing or contributing to excessive algal 12 |
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38 | 38 | | biomass in Lake Memphremagog, impairing the swimming and aesthetic uses 13 |
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39 | 39 | | of the lake. 14 |
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40 | 40 | | (3) Phosphorus runoff to Lake Memphremagog is contributing to the 15 |
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41 | 41 | | more frequent cyanobacteria outbreaks in the lake, which pose threats to public 16 |
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42 | 42 | | health and natural resources. 17 |
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43 | 43 | | (4) Vermont must take responsibility for the impairments to Lake 18 |
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44 | 44 | | Memphremagog as: 19 |
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45 | 45 | | (A) more than 100 permanent or intermittent tributaries feed Lake 20 |
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46 | 46 | | Memphremagog, with 71 percent of the watershed located in Vermont; and 21 BILL AS INTRODUCED H.113 |
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50 | 50 | | VT LEG #379028 v.1 |
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51 | 51 | | (B) water quality models indicate that Vermont watersheds contribute 1 |
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52 | 52 | | a significant majority of the annual phosphorus loading to the lake with 2 |
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53 | 53 | | 116,216 pounds of the total annual load of 151,314 pounds of phosphorus 3 |
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54 | 54 | | originating in Vermont. 4 |
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55 | 55 | | (5) Vermont has drafted and begun implementation of a Total Maximum 5 |
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56 | 56 | | Daily Load plan to address impairment of Lake Memphremagog, and the 6 |
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57 | 57 | | Agency of Natural Resources has committed to improving water quality in the 7 |
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58 | 58 | | lake, but more action, attention, and funding is necessary to improve the health 8 |
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59 | 59 | | of Lake Memphremagog as soon as possible. 9 |
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60 | 60 | | (6) The General Assembly should declare Lake Memphremagog a lake 10 |
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61 | 61 | | in crisis and dedicate additional time, money, and action to improve the lake’s 11 |
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62 | 62 | | water quality as soon as possible to avoid continued threats to the natural 12 |
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63 | 63 | | resources, drinking water, recreation, and economic benefits provided by the 13 |
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64 | 64 | | lake. 14 |
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65 | 65 | | Sec. 2. DECLARATION; LAKE MEMPHREMAGOG; LAKE IN CRISIS 15 |
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66 | 66 | | Notwithstanding 10 V.S.A. § 1310, the General Assembly declares Lake 16 |
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67 | 67 | | Memphremagog as a lake in crisis under 10 V.S.A. chapter 47, subchapter 2A. 17 |
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68 | 68 | | The crisis response plan for Lake Memphremagog shall include controls limits 18 |
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69 | 69 | | on discharges of effluent to tributaries of the lake. 19 BILL AS INTRODUCED H.113 |
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73 | 73 | | VT LEG #379028 v.1 |
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74 | 74 | | Sec. 3. 10 V.S.A. § 1310 is amended to read: 1 |
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75 | 75 | | § 1310. DESIGNATION OF LAKE IN CRISIS 2 |
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76 | 76 | | (a) The Secretary of Natural Resources (Secretary) shall review whether a 3 |
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77 | 77 | | lake in the State should be designated as a lake in crisis upon the Secretary’s 4 |
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78 | 78 | | own motion or upon petition of 15 or more persons or a selectboard of a 5 |
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79 | 79 | | municipality in which the lake or a portion of the lake is located. 6 |
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80 | 80 | | (b) The Secretary shall designate a lake as a lake in crisis if, after review 7 |
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81 | 81 | | under subsection (a) of this section, the Secretary determines that: 8 |
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82 | 82 | | (1) the lake or segments of the lake have been listed as impaired; and 9 |
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83 | 83 | | (2) the condition of the lake will cause: 10 |
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84 | 84 | | (A) a potential harm to the public health; and 11 |
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85 | 85 | | (B) a risk of damage to the environment or natural resources; and. 12 |
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86 | 86 | | (3) a municipality in which the lake or a portion of the lake is located 13 |
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87 | 87 | | has reduced the valuation of real property due to the condition of the lake. 14 |
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88 | 88 | | [Repealed.] 15 |
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89 | 89 | | Sec. 4. 10 V.S.A. § 1311(c) is amended to read: 16 |
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90 | 90 | | (c) Term of designation. A lake shall remain designated as in crisis under 17 |
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91 | 91 | | this section until the Secretary determines that the lake no longer satisfies the 18 |
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92 | 92 | | criteria for designation under subsection 1310(b) of this section title. 19 BILL AS INTRODUCED H.113 |
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96 | 96 | | VT LEG #379028 v.1 |
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97 | 97 | | Sec. 5. EFFECTIVE DATES 1 |
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98 | 98 | | (a) This section and Secs. 1 and 2 (declaration of Lake Memphremagog) 2 |
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99 | 99 | | shall take effect on passage. 3 |
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100 | 100 | | (b) Secs. 3 and 4 (criteria for lake in crisis designation) shall take effect on 4 |
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101 | 101 | | July 1, 2025. 5 |
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