Vermont House Bill H0146 Introduced / Bill

                    BILL AS INTRODUCED 	H.146 
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VT LEG #379219 v.1 
H.146 1 
Introduced by Representative Sheldon of Middlebury 2 
Referred to Committee on  3 
Date:  4 
Subject: Conservation and development; agriculture; water quality; permitting; 5 
enforcement 6 
Statement of purpose of bill as introduced:  This bill proposes to transfer from 7 
the Secretary of Agriculture, Food and Markets to the Secretary of Natural 8 
Resources all authority to administer and enforce water quality requirements 9 
on farms in Vermont. 10 
An act relating to administration and enforcement of agricultural water 11 
quality requirements in the State 12 
It is hereby enacted by the General Assembly of the State of Vermont:  13 
* * * Agency of Natural Resources; Agricultural Water Quality Program * * * 14 
Sec. 1.  10 V.S.A. chapter 47, subchapter 3A is added to read: 15 
Subchapter 3A.  Agricultural Water Quality 16 
§ 1351.  PURPOSE 17 
It is the purpose of this subchapter to ensure that agricultural wastes, 18 
including manure, fertilizer, nutrients, pathogens, sediments, and pesticides, 19 
do not enter the groundwater or waters of the State and that the regulation of 20  BILL AS INTRODUCED 	H.146 
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agricultural water quality meets the requirements of the federal Clean 1 
Water Act. 2 
§ 1352.  DEFINITIONS 3 
As used in this subchapter: 4 
(1)  “Agency” means the Agency of Natural Resources. 5 
(2)  “Agricultural waste” means material originating or emanating from a 6 
farm that is determined by the Secretary to be harmful to the groundwater or 7 
waters of the State, including sediments; minerals, including heavy metals; 8 
plant nutrients; pesticides; organic wastes, including livestock waste, animal 9 
mortalities, compost, feed and crop debris; waste oils; pathogenic bacteria and 10 
viruses; thermal pollution; silage runoff; untreated milkhouse waste; process 11 
wastewater; and any other farm waste as the term “waste” is defined in 12 
subdivision 1251(12) of this title. 13 
(3)  “Animal feeding operation” or “AFO” means a lot or facility where 14 
livestock or domestic fowl have been, are, or will be stabled or confined and 15 
fed or maintained for a total of 45 days or more in any 12-month period and 16 
crops, vegetation, or forage growth are not sustained in the normal growing 17 
season over any portion of the lot or facility.  Two or more individual farms 18 
qualifying as an AFO that are under common ownership and that adjoin each 19 
other or use a common area or system for the disposal of waste shall be 20 
considered to be a single AFO if the combined number of livestock or 21  BILL AS INTRODUCED 	H.146 
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domestic fowl on the combined farm qualifies the combined farm as a large 1 
CAFO as defined in subdivision (11) of this section or as a medium CAFO as 2 
defined in subdivision (14) of this section. 3 
(4)  “Concentrated animal feeding operation” or “CAFO” means a large 4 
CAFO, a medium CAFO, or a small CAFO. 5 
(5)  “CAFO permit” means a permit issued by the Secretary to a CAFO 6 
under section 1356 of this subchapter. 7 
(6)  “Discharge” means the placing, depositing, or emission of any 8 
wastes, directly or indirectly, into an injection well, into the waters of the State, 9 
or into a significant wetland, including from a land application area under the 10 
control of a CAFO or AFO, unless it is an agricultural stormwater discharge.  11 
A discharge shall not be considered an agricultural stormwater discharge 12 
unless it meets all of the following requirements: 13 
(A)  Precipitation is the primary cause of the discharge.  A discharge 14 
is not an agricultural stormwater discharge if its primary cause is farm 15 
management, even if precipitation contributes to the discharge. 16 
(B)  The waste discharged is manure, litter, or process wastewater. 17 
(C)  The CAFO or AFO land applied the discharged manure, litter, or 18 
process wastewater in accordance with a nutrient management plan that meets 19 
the requirements of section 1364 of this subchapter. 20  BILL AS INTRODUCED 	H.146 
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(7)  “Domestic fowl” means laying-hens, broilers, ducks, turkeys, or 1 
other animal types designated by the Secretary by rule. 2 
(8)  “Farm” means a parcel or parcels of land owned, leased, or managed 3 
by a person that is devoted primarily to farming and that meets the threshold 4 
criteria established under the Required Agricultural Practices, provided that a 5 
lessee controls the leased lands to the extent they would be considered as part 6 
of the lessee’s own farm.  Indicators of control may include whether the lessee 7 
makes day-to-day decisions concerning cultivation or other farming-related 8 
actions on the land. 9 
(9)  “Farming” has the same meaning as used in subdivision 6001(22) of 10 
this title. 11 
(10)  “Land Application Area” means the area under the control of an 12 
AFO or CAFO owner or operator, whether it is owned, rented, or leased, to 13 
which agricultural waste may be applied. 14 
(11)  “Large concentrated animal feeding operation” or “Large CAFO” 15 
means an AFO that houses 700 or more mature dairy animals, 1,000 or more 16 
cattle or cow or calf pairs, 1,000 or more veal calves, 2,500 or more swine 17 
weighing over 55 pounds, 10,000 or more swine weighing 55 pounds or less, 18 
500 or more horses, 10,000 or more sheep or lambs, 55,000 or more turkeys, 19 
30,000 or more laying hens or broilers with a liquid manure handling system, 20 
82,000 or more laying hens without a liquid manure handling system, 125,000 21  BILL AS INTRODUCED 	H.146 
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or more chickens other than laying hens without a liquid manure handling 1 
system, 5,000 or more ducks with a liquid manure handling system, 30,000 or 2 
more ducks without a liquid manure handling system, or other livestock types, 3 
combinations, or numbers as designated by the Secretary by rule. 4 
(12)  “Livestock” means cattle, cow or calf pairs, youngstock, heifers, 5 
bulls, American bison, swine, sheep, goats, horses, cervids, camelids, ratites, 6 
rabbits, pheasants, chukar partridge, coturnix quail, domestic fowl, or other 7 
animal types designated by the Secretary by rule. 8 
(13)  “Manure” means livestock waste in solid or liquid form that may 9 
also contain bedding, spilled feed, water, or soil. 10 
(14)  “Medium concentrated animal feeding operation” or “medium 11 
CAFO” means an AFO that houses 200 to 699 mature dairy animals, 300 to 12 
999 cattle or cow or calf pairs, 300 to 999 veal calves, 750 to 2,499 swine 13 
weighing over 55 pounds, 3,000 to 9,999 swine weighing 55 pounds or less, 14 
150 to 499 horses, 3,000 to 9,999 sheep or lambs, 16,500 to 54,999 turkeys, 15 
9,000 to 29,999 laying hens or broilers with a liquid manure handling system, 16 
25,000 to 81,999 laying hens without a liquid manure handling system, 37,500 17 
to 124,999 chickens other than laying hens without a liquid manure handling 18 
system, 1,500 to 4,999 ducks with a liquid manure handling system, 10,000 to 19 
29,999 ducks without a liquid manure handling system, or other livestock 20 
types, combinations, or numbers as designated by the Secretary by rule. 21  BILL AS INTRODUCED 	H.146 
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(15)  “Non-sewage waste” means any waste other than sewage that may 1 
contain organisms pathogenic to human beings but does not mean stormwater 2 
runoff. 3 
(16)  “NPDES Program” or “NPDES” means the National Pollutant 4 
Discharge Elimination System Program of the federal Clean Water Act. 5 
(17)  “Process wastewater” means water directly or indirectly used in the 6 
operation of an AFO or CAFO for any or all of the following:  spillage or 7 
overflow from livestock or domestic fowl watering systems; washing, 8 
cleaning, or flushing pens, barns, manure pits, or other AFO or CAFO 9 
facilities; direct contact swimming, washing, or spray cooling of animals; or 10 
dust control.  Process wastewater also includes any water that comes into 11 
contact with any raw materials, products, or byproducts including manure, 12 
litter, feed, milk, eggs, or bedding. 13 
(18)  “Production area” means that part of an AFO or CAFO that 14 
includes the animal confinement area, the manure storage area, the raw 15 
materials storage area, and the waste containment areas. 16 
(19)  “Required Agricultural Practices” or “RAPs” mean the 17 
management standards and practices administered, amended, or adopted by the 18 
Secretary under section 1360 of this subchapter. 19 
(20)  “Secretary” means the Secretary of Natural Resources. 20  BILL AS INTRODUCED 	H.146 
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(21)  “Sewage” means waste containing human fecal coliform and other 1 
potential pathogenic organisms from sanitary waste and used water from any 2 
building, including carriage water and shower and wash water.  “Sewage” does 3 
not mean stormwater runoff as that term is defined in section 1264 of this 4 
chapter. 5 
(22)  “Significant wetland” has the same meaning as in section 902 of 6 
this title. 7 
(23)  “Small animal feeding operation” means an AFO that is not a large 8 
CAFO or a medium CAFO. 9 
(24)  “Small concentrated animal feeding operation” or “small CAFO” 10 
means a small AFO designated as a small CAFO by the Secretary pursuant to 11 
section 1357 of this subchapter. 12 
(25)  “Small farm” means a parcel or parcels of land: 13 
(A)  on which 10 or more acres are used for farming; 14 
(B)  that house not more than 199 mature dairy animals, 299 cattle or 15 
eight cow or calf pairs, 299 veal calves, 749 swine weighing over 55 pounds, 16 
2,999 swine weighing 55 pounds or less, 149 horses, 2,999 sheep or lambs, 17 
16,499 turkeys, 8,999 laying hens or broilers with a liquid manure handling 18 
system, 24,999 laying hens without a liquid manure handling system, 37,499 19 
chickens other than laying hens without a liquid manure handling system, 20 
1,499 ducks with a liquid manure handling system, 9,999 ducks without a 21  BILL AS INTRODUCED 	H.146 
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liquid manure handling system, or other livestock types, combinations, or 1 
numbers as designated by the Secretary by rule; 2 
(C)  that are not part of a CAFO; and 3 
(D)(i)  that house at least the number of mature animals designated by 4 
rule under the RAPs; or 5 
(ii)  that are used for the preparation, tilling, fertilization, planting, 6 
protection, irrigation, and harvesting of crops for sale. 7 
(26)  “Waste storage facility” means an impoundment made for the 8 
purpose of storing agricultural waste by constructing an embankment, 9 
excavating a pit or dugout, fabricating an inground and aboveground structure, 10 
or any combination thereof. 11 
§ 1353.  POWERS OF THE SECRETARY 12 
The Secretary, in furtherance of the purposes of this subchapter, may: 13 
(1)  adopt, revise, or amend rules as necessary to carry out the provisions 14 
of this subchapter; 15 
(2)  appoint assistants, subject to applicable laws, to perform or assist in 16 
the performance of any duties or functions of the Secretary under this 17 
subchapter; 18 
(3)  enter any lands, public or private, and review and copy any land 19 
management records as may be necessary to carry out the provisions of this 20 
subchapter; 21  BILL AS INTRODUCED 	H.146 
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(4)  solicit and receive federal or private funds; and 1 
(5) cooperate fully with the federal government or other agencies in the 2 
operation of any joint federal-state programs concerning the regulation of 3 
agricultural pollution. 4 
§ 1354.  AGRICULTURAL WATER QUALITY SPECIAL FUND 5 
(a)  There is created the Agricultural Water Quality Special Fund to be 6 
administered by the Secretary.  Notwithstanding any other provision of law, 7 
fees collected under this subchapter, fees collected under 3 V.S.A. 8 
§ 2822(j)(2)(A)(v), and fees collected under 3 V.S.A. § 2822(j)(2)(B)(vi) shall 9 
be deposited in the Fund. 10 
(b)  The Secretary shall use monies deposited in the Fund for the 11 
Secretary’s implementation and administration of agricultural water quality 12 
programs or requirements under this subchapter, including to pay salaries of 13 
Agency staff necessary to administer and implement the programs and 14 
requirements of this subchapter. 15 
(c)  Notwithstanding the requirements of 32 V.S.A. § 588(3), interest earned 16 
by the Fund shall be retained in the Fund from year to year.  17 
§ 1355.  INSPECTION 18 
(a)  The Secretary may inspect any farm at any time to carry out the 19 
provisions of this subchapter. 20 
(b)  After July 1, 2027, the Secretary shall inspect: 21  BILL AS INTRODUCED 	H.146 
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(1)  each large CAFO not less frequently than once per year. 1 
(2)  each medium CAFO and each small CAFO not less frequently than 2 
once every three years; 3 
(3)  each small AFO not less frequently than once every five years; 4 
(4)  each small farm required to certify under section 1359 of this 5 
subchapter and that is not a small AFO not less frequently than once every 6 
seven years; and 7 
(5)  any farm that discharges to waters of the State, that contaminates 8 
groundwater or drinking water, that violates the RAPs, that violates a best 9 
management practice required by the Secretary under this subchapter, or that 10 
violates a permit issued under this chapter within six months after the 11 
discharge, contamination, or violation. 12 
§ 1356.  CAFO PERMIT REQUIRED 13 
(a)  After January 1, 2029, no person shall operate a large CAFO, a medium 14 
CAFO, or a small CAFO without a CAFO permit issued by the Secretary 15 
under section 1263 of this chapter. 16 
(b)  The Secretary may require the owner or operator of a large CAFO, 17 
medium CAFO, or small CAFO to apply for a CAFO permit at any time. 18 
(c)  The Secretary may issue individual CAFO permits or general CAFO 19 
permits for medium CAFOs or small CAFOs.  The Secretary may only issue 20 
individual CAFO permits for large CAFOs. 21  BILL AS INTRODUCED 	H.146 
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(d)  The Secretary may require the owner or operator of a medium CAFO or 1 
a small CAFO covered by a general CAFO permit to apply for an individual 2 
CAFO permit. 3 
(e)  CAFO permits for large CAFOs, medium CAFOs, and small CAFOs 4 
shall satisfy the requirements of subsection 1263(d) of this title.  In addition, 5 
such CAFO permits shall: 6 
(1)  satisfy all requirements applicable to NPDES permits for CAFOs 7 
under federal regulation, including requirements under 40 C.F.R. Parts 122 and 8 
412 (2024); 9 
(2)  incorporate the following as terms and conditions: 10 
(A)  compliance with the RAPs; 11 
(B)  compliance with best management practices required by the 12 
Secretary under section 1361 of this subchapter; 13 
(C)  the terms of a nutrient management plan that meets the minimum 14 
requirements of section 1364 of this subchapter; and 15 
(D)  other terms or conditions that the Secretary considers necessary 16 
to prevent agricultural waste from entering groundwater or waters of the State. 17 
(f)  CAFO permits for large CAFOs, medium CAFOs, and small CAFOs 18 
and related application materials shall be public records.  The Secretary shall 19 
make CAFO permits for large CAFOs, medium CAFOs, and small CAFOs 20 
available on the Agency’s website.  The Secretary shall plot the location of any 21  BILL AS INTRODUCED 	H.146 
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large CAFO, medium CAFO, or small CAFO permitted under this section on 1 
the Vermont Natural Resources Atlas or similar platform. 2 
§ 1357.  SMALL CONCENTRATED ANIMAL FEEDING OPERATIONS; 3 
         DESIGNATION 4 
(a)  The Secretary shall designate a small AFO as a small CAFO upon 5 
determining that the small AFO is a significant contributor of pollutants to 6 
waters of the State. 7 
(b)  The Secretary shall not find that a small AFO is a significant 8 
contributor of pollutants to waters of the State unless: 9 
(1)  the Secretary has conducted an on-site inspection of the small AFO; 10 
and 11 
(2)(A)  the small AFO discharges into waters of the State through a 12 
manmade ditch, drainage system, flushing system, or other manmade device; 13 
or 14 
(B)  pollutants are discharged directly into waters of the State that 15 
originate outside of the facility and pass over, across, or through the facility or 16 
otherwise come into direct contact with the animals confined by the operation.  17 
(c)  The Secretary may determine that a small AFO is a significant 18 
contributor of pollutants to waters of the State after considering the following 19 
factors: 20  BILL AS INTRODUCED 	H.146 
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(1)  the size of the small AFO and the amount of agricultural waste 1 
reaching waters of the State, groundwater, or drinking water; 2 
(2)  the location of the small AFO relative to waters of the State; 3 
(3)  the means of conveyance of agricultural waste to groundwater or 4 
waters of the State; 5 
(4)  the slope, vegetation, rainfall, and other factors affecting the 6 
likelihood or frequency of discharge of agricultural waste into waters of the 7 
State or of contamination of groundwater or drinking water; 8 
(5)  the small CAFO’s record of compliance with requirements under 9 
this subchapter; and 10 
(6)  other relevant factors as determined by the Secretary. 11 
§ 1358.  CONCENTRATED ANIMAL FEEDING OPERATION; ANIMAL 12 
             FEEDING OPERATION; RULES 13 
(a)  On July 1, 2027, the Secretary is transferred authority to administer and 14 
enforce the water quality requirements of the Large Farm Operation Rules 15 
(Large Farm Rules) and the Medium and Small Farm Operation Rules for 16 
Issuance of General and Individual Permits (Medium Farm Rules) of the 17 
Agency of Agriculture, Food and Markets, as those rules existed on July 1, 18 
2027. 19  BILL AS INTRODUCED 	H.146 
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(b)  The Secretary may amend, repeal, or replace the Large Farm Rules and 1 
Medium Farm Rules at any time in accordance with the requirements of 2 
3 V.S.A. chapter 25.  3 
(c)  Not later than January 1, 2029, the Secretary shall replace the Large 4 
Farm Rules and Medium Farm Rules pursuant to subsection (d) of this section. 5 
(d)  The Secretary, in consultation with the Secretary of Agriculture, Food 6 
and Markets, shall adopt rules pursuant to 3 V.S.A. chapter 25 to prevent 7 
agricultural waste from CAFOs and AFOs from crossing property boundaries, 8 
from entering drinking water, and from entering the groundwater and waters of 9 
the State.  Such rules may address the following: 10 
(1)  program administration, enforcement, and appeals; 11 
(2)  management of agricultural waste; 12 
(3)  setbacks, standards, and siting criteria for expansion or new 13 
construction; 14 
(4)  prevention of trespass and public nuisance; and  15 
(5)  other matters the Secretary considers necessary. 16 
(e)  The Secretary shall establish a process under which the Agency shall 17 
receive, investigate, and respond to a complaint that a CAFO or an AFO has 18 
allowed agricultural waste to cross property boundaries, to enter drinking 19 
water, or to enter the groundwater or waters of the State. 20  BILL AS INTRODUCED 	H.146 
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§ 1359.  SMALL FARM CERTIFICATION 1 
(a)  A person who owns or operates a small farm shall submit to the 2 
Secretary a form certifying whether or not the small farm complies with the 3 
RAPs on or before January 1, 2027 and every three years thereafter. 4 
(b)  The Secretary may require any person who owns or operates a farm to 5 
obtain a permit or submit a small farm certification under this chapter if the 6 
person is not required to obtain a permit or submit a certification under this 7 
chapter and the Secretary determines that the farm poses a threat of discharge 8 
to waters of the State or a threat of contamination to groundwater or drinking 9 
water. 10 
(c)  The Secretary may waive a permit or small farm certification required 11 
under subsection (b) of this section upon a determination that the farm no 12 
longer poses a threat of discharge to waters of the State or a threat of 13 
contamination to groundwater or drinking water. 14 
(d)  A person who owns or leases a small farm shall notify the Secretary of 15 
a change of ownership or change of lessee of a small farm within 30 days 16 
following the change.  The notification shall include the certification of small 17 
farm compliance required under subsection (a) of this section. 18 
(e)(1)  During an inspection of a small farm, the Secretary shall identify 19 
areas where the farm could benefit from capital, structural, or technical 20  BILL AS INTRODUCED 	H.146 
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assistance in order to improve or come into compliance with RAPs and any 1 
applicable permit, certification, or requirement under this chapter. 2 
(2)  The Secretary annually shall establish a priority ranking system for 3 
small farms according to the water quality benefit associated with the capital, 4 
structural, or technical improvements identified as needed by the Secretary 5 
during an inspection of the farm.  The Secretary shall submit the list of priority 6 
projects to the Secretary of Agriculture, Food and Markets to inform awards of 7 
financial assistance under 6 V.S.A. chapter 215. 8 
§ 1360.  REQUIRED AGRICULTURAL PRACTICES RULE 9 
(a)  On July 1, 2027, the Secretary is transferred authority to administer and 10 
enforce the Required Agricultural Practices Rule for the Agricultural Nonpoint 11 
Source Pollution Control Program of the Agency of Agriculture, Food and 12 
Markets, as those rules existed on July 1, 2027. 13 
(b)  The Secretary may amend, repeal, or replace the rules transferred under 14 
subsection (a) of this section at any time in accordance with the requirements 15 
of 3 V.S.A. chapter 25.  16 
(c)  Not later than January 1, 2029, the Secretary shall replace the rules 17 
transferred under subsection (a) of this section pursuant to subsection (d) of 18 
this section. 19 
(d)  The Secretary, in consultation with the Secretary of Agriculture, Food 20 
and Markets, shall adopt RAPs by rule pursuant to 3 V.S.A. chapter 25.  The 21  BILL AS INTRODUCED 	H.146 
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RAPs shall be management standards to be followed by all persons engaged in 1 
farming.  These management standards shall address agricultural activities and 2 
conditions that have the potential to cause agricultural waste to enter the 3 
groundwater, drinking water, and waters of the State.  The RAPs shall be 4 
designed to protect water quality and shall be practical, as determined by the 5 
Secretary.  In addition, the RAPs shall meet the following conditions: 6 
(1)  The RAPs shall ensure that practices on all farms eliminate adverse 7 
impacts to groundwater, drinking water, and waters of the State. 8 
(2)  The RAPs shall require any CAFO, AFO, or small farm to 9 
implement a field-by-field nutrient management plan that meets the 10 
requirements of section 1364 of this subchapter. 11 
(3)(A)  Except as authorized under subdivision (C) of this subdivision 12 
(3), the RAPs shall prohibit a farm from stacking or piling manure, storing 13 
fertilizer, or storing other nutrients on the farm: 14 
(i)  in a manner and location that presents a threat of discharge to a 15 
water of the State or presents a threat of contamination to groundwater or 16 
drinking water; or 17 
(ii)  on lands in a floodway or otherwise subject to annual flooding. 18 
(B)  Except as authorized under subdivision (C) of this subdivision 19 
(3), the RAPs shall prohibit manure stacking or piling sites, fertilizer storage, 20  BILL AS INTRODUCED 	H.146 
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or other nutrient storage located within 200 feet of a private well or within 200 1 
feet of a water of the State. 2 
(C)  The Secretary may authorize one or more of the following: 3 
(i)  siting of manure stacking or piling sites, fertilizer storage, or 4 
other nutrient storage within 200 feet, but not less than 100 feet, of a private 5 
well or surface water if the Secretary determines that the site is the best 6 
available site on the farm for the purposes of protecting groundwater quality, 7 
drinking water quality, or surface water quality; and 8 
(ii)  siting of a waste storage facility within 200 feet of a surface 9 
water or private well if the site is the best available site on the farm for the 10 
purposes of protecting groundwater quality, drinking water quality, or surface 11 
water quality and the waste storage facility is designed by a licensed engineer 12 
to meet the requirements of section 1368 of this subchapter. 13 
(4)  The RAPs shall require the construction and management of 14 
barnyards, waste management systems, animal holding areas, and production 15 
areas in a manner to prevent runoff of waste to a surface water, the runoff of 16 
waste across property boundaries, or the contamination of groundwater or 17 
drinking water. 18 
(5)  The RAPs shall require cropland on a farm to be cultivated in a 19 
manner that results in an average soil loss of less than or equal to the soil loss 20 
tolerance for the prevalent soil, known as 1T, as calculated through application 21  BILL AS INTRODUCED 	H.146 
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of the Revised Universal Soil Loss Equation or through the application of 1 
similarly accepted models. 2 
(6)(A)  The RAPs shall require a farm to comply with standards 3 
established by the Secretary for maintaining a vegetative buffer zone of 4 
perennial vegetation between annual croplands and the top of the bank of an 5 
adjoining water of the State.  At a minimum the vegetative buffer standards 6 
established by the Secretary shall prohibit the application of manure on the 7 
farm within 25 feet of the top of the bank of an adjoining water of the State or 8 
within 10 feet of a ditch that is not a surface water under State law and that is 9 
not a water of the United States under federal law. 10 
(B)  The RAPs shall establish standards for site-specific vegetative 11 
buffers that adequately address water quality needs based on consideration of 12 
soil type, slope, crop type, proximity to water, and other relevant factors. 13 
(7)  The RAPs shall regulate, in a manner consistent with the Agency’s 14 
flood hazard area and river corridor rules, the construction or siting of a farm 15 
structure or the storage of manure, fertilizer, or pesticides within a river 16 
corridor designated by the Secretary. 17 
(8)  The RAPs shall establish standards for the exclusion of livestock 18 
from the waters of the State to prevent erosion and adverse water quality 19 
impacts. 20  BILL AS INTRODUCED 	H.146 
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(9)  The RAPs shall establish standards for soil conservation practices 1 
such as cover cropping. 2 
(10)  The RAPs shall allow for alternative techniques or practices, 3 
approved by the Secretary, for compliance by an owner or operator of a farm 4 
when the owner or operator cannot comply with the requirements of the RAPs 5 
due to site-specific conditions.  Approved alternative techniques or practices 6 
shall meet State requirements to reduce adverse impacts to water quality. 7 
(11)  The RAPs shall include requirements for reducing the discharge of 8 
agricultural waste to waters of the State from subsurface tile drainage on farms, 9 
including requirements related to the installation of subsurface tile drainage on 10 
farms.  The Secretary may require an existing subsurface tile drain to comply 11 
with the requirements of the RAPs for subsurface tile drainage upon a 12 
determination that compliance is necessary to reduce adverse impacts to water 13 
quality from the subsurface tile drainage.  The RAPs shall require the owner or 14 
operator of an AFO or CAFO to report the installation of new subsurface tile 15 
drainage, including plans and maps, to the Secretary. 16 
(12)  The RAPs shall include requirements for activities occurring in 17 
areas that are excluded from regulation by the Agency of Natural Resources or 18 
are allowed uses under section 902 of this title because the area is used to grow 19 
food or crops in connection with farming activities. 20  BILL AS INTRODUCED 	H.146 
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(13)  The RAPs shall include a process under which the Agency shall 1 
receive, investigate, and respond to a complaint that a farm has contaminated 2 
the drinking water or groundwater of a property owner. 3 
(14)  The RAPs shall authorize a farmer to petition the Secretary to 4 
reduce the size of a perennial buffer or change the perennial buffer type based 5 
on site-specific conditions. 6 
(e)  Compliance with the RAPS shall not entitle a farm to a presumption 7 
that the farm does not discharge. 8 
§ 1361.  BEST MANAGEMENT PRACTIC ES 9 
(a)  The Secretary of Natural Resources may require any person engaged in 10 
farming to implement a best management practice to prevent agricultural waste 11 
from entering groundwater or waters of the State. 12 
(b)  Where the Secretary determines, after inspection of a farm, that a 13 
person engaged in farming is complying with requirements under this 14 
subchapter, including the RAPs, but there still exists the potential for 15 
agricultural waste to enter groundwater or waters of the State, the Secretary 16 
shall require the person to implement best management practices. 17 
(c)  When requiring a best management practice, the Secretary shall inform 18 
a farmer of financial resources available from State or federal sources, private 19 
foundations, public charities, or other sources to assist the person in 20  BILL AS INTRODUCED 	H.146 
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VT LEG #379219 v.1 
implementing best management practices and complying with the requirements 1 
of this subchapter. 2 
§ 1362.  SEASONAL APPLICATION OF MANURE 3 
(a)  A person shall not apply manure to land in the State between December 4 
15 and April 1 of any calendar year unless authorized under this section. 5 
(b)  The Secretary may by rule adopt or amend a process under which the 6 
Secretary may prohibit the application of manure to land in the State between 7 
December 1 and December 15 and between April 1 and April 30 of any 8 
calendar year when the Secretary determines that due to weather conditions, 9 
soil conditions, or other limitations, application of manure to land would pose 10 
a significant potential of discharge or runoff to a State water. 11 
(c)  The Secretary may by rule adopt or amend a process under which the 12 
Secretary may authorize an exemption to the prohibition on the application of 13 
manure to land in the State between December 15 and April 1 of any calendar 14 
year or during any period established under subsection (b) of this section when 15 
manure is prohibited from application.  Any process established for the 16 
issuance of an exemption may authorize land application of manure on a 17 
weekly, monthly, or seasonal basis on authorized farms or fields in the State, 18 
provided that any exemption shall: 19 
(1)  prohibit application of manure: 20  BILL AS INTRODUCED 	H.146 
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(A)  in areas with established channels of concentrated stormwater 1 
runoff to surface waters, including ditches and ravines;  2 
(B)  in nonharvested permanent vegetative buffers; 3 
(C)  in a nonfarmed wetland, as that term is defined in section 902 of 4 
this title; 5 
(D)  within 50 feet of a potable water supply, as that term is defined in 6 
section 1972 of this title; 7 
(E)  to fields exceeding tolerable soil loss; and 8 
(F)  to saturated soils; 9 
(2)  establish requirements for the application of manure when frozen or 10 
snow-covered soils prevent effective incorporation at the time of application; 11 
(3) require manure to be applied according to a nutrient management 12 
plan that complies with section 1364 of this subchapter; and 13 
(4)  establish the maximum tons of manure that may be applied per acre 14 
during any one application. 15 
§ 1363.  AGRICULTURAL WATER QUALITY TRAINING 16 
(a)  The owners or operators of a CAFO, AFO, or small farm shall obtain 17 
water quality training as approved by the Secretary.  Training shall provide 18 
information regarding: 19 
(1)  the prevention of discharges to waters of the State; 20 
(2)  the prevention of contamination of groundwater and drinking water; 21  BILL AS INTRODUCED 	H.146 
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VT LEG #379219 v.1 
(3)  the mitigation and management of stormwater runoff from farms; 1 
(4)  statutory and regulatory requirements for the operation of a CAFO, 2 
AFO, or small farm; 3 
(5)  financial resources available to assist in compliance with statutory or 4 
regulatory compliance; 5 
(6)  weather and soil conditions that increase the risk that agricultural 6 
waste will enter groundwater, drinking water, or waters of the State; 7 
(7)  the management of subsurface tile drainage to prevent the discharge 8 
of agricultural waste to waters of the State; and 9 
(8)  standards for nutrient management, including nutrient management 10 
planning. 11 
(b)  The owner or operator of a CAFO, AFO, or small farm shall obtain 12 
eight hours of approved training at least once every five years. 13 
(c)  The Secretary shall include the training required by this section as a 14 
condition of any permit or certification required under this subchapter. 15 
(d)  The Secretary may approve training offered by other entities upon 16 
request of the entity providing the training.  All requests for approval to train 17 
shall be provided to the Secretary at least 30 days prior to the scheduled 18 
training dates.  The entity will be required to submit information about the 19 
training and attendees in a manner requested by the Secretary. 20  BILL AS INTRODUCED 	H.146 
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§ 1364.  NUTRIENT MANAGEMENT PLAN 1 
(a)  Nutrient management plans required under this subchapter shall, at a 2 
minimum, be consistent with the requirements of Natural Resources 3 
Conservation Service of the U.S. Department of Agriculture’s Nutrient 4 
Management Practice Code 590 or other equivalent standards approved by the 5 
Secretary. 6 
(b)  In addition to satisfying the requirements of subsection (a) of this 7 
section, nutrient management plans for CAFOs required under this subchapter 8 
shall, at a minimum: 9 
(1)  ensure adequate storage of manure, litter, and process wastewater, 10 
including procedures to ensure proper operation and maintenance of the 11 
storage facilities; 12 
(2)  ensure proper management of mortalities to ensure that they are not 13 
disposed of in a liquid manure, storm water, or process wastewater storage or 14 
treatment system that is not specifically designed to treat animal mortalities; 15 
(3)  ensure that clean water is diverted, as appropriate, from the 16 
production area; 17 
(4)  prevent direct contact of confined animals with waters of the State; 18 
(5)  ensure that chemicals, pesticides, and other contaminants handled 19 
on-site are not disposed of in any manure, litter, process wastewater, or storm 20  BILL AS INTRODUCED 	H.146 
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VT LEG #379219 v.1 
water storage or treatment system unless specifically designed to treat such 1 
chemicals and other contaminants; 2 
(6)  identify appropriate site-specific conservation practices to be 3 
implemented, including as appropriate buffers or equivalent practices, to 4 
control runoff of pollutants to waters of the State; 5 
(7)  identify appropriate site-specific practices to be implemented to 6 
control discharges of pollutants from subsurface tile drainage to waters of the 7 
State; 8 
(8)  identify protocols for appropriate testing of manure, litter, process 9 
wastewater, and soil; 10 
(9)  establish protocols to land apply manure, litter or process wastewater 11 
in accordance with site specific nutrient management practices that ensure 12 
appropriate agricultural utilization of the nutrients in the manure, litter or 13 
process wastewater; and 14 
(10)  identify specific records that will be maintained to document the 15 
implementation and management of the minimum elements described in 16 
subdivisions (1) through (9) of this subsection. 17 
(c)  The Secretary, in consultation with the Secretary of Agriculture, Food 18 
and Markets, may adopt by rule additional nutrient management planning 19 
requirements in order to protect groundwater and waters of the State. 20  BILL AS INTRODUCED 	H.146 
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VT LEG #379219 v.1 
§ 1365.  CERTIFICATION OF CUSTOM APPLICATORS 1 
(a)  Custom applicators of manure or other agricultural waste shall be 2 
certified by the Secretary in order to operate within the State and shall comply 3 
with all applicable statutory and regulatory requirements under this subchapter. 4 
(b)  Custom applicators shall demonstrate knowledge of the RAPs, rules 5 
and permit requirements for CAFOs, rules for AFOs, and rules and 6 
requirements related to nutrient management plan implementation.   7 
(c)  Custom applicators shall demonstrate competency in methods and 8 
techniques used to minimize runoff from application sites, identification of 9 
weather or soil conditions that may increase risk of field runoff, record 10 
keeping, and other information deemed pertinent by the Secretary. 11 
(d)  Certified custom applicators shall train all employees and seasonal 12 
workers in methods or techniques to minimize runoff to surface water, 13 
identification of weather or soil conditions that may increase the risk of runoff, 14 
the RAPs, rules and permit requirements for CAFOs, rules for AFOs, rules and 15 
requirements related to nutrient management plans and nutrient management 16 
plan implementation, and standards and restrictions for the application of 17 
manure or other agricultural wastes.  Records of training shall be maintained in 18 
a manner prescribed by the Secretary. 19 
(e)  Certification shall be valid for five years from the date of issuance and 20 
shall be renewable annually on a form and in a manner prescribed by the 21  BILL AS INTRODUCED 	H.146 
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VT LEG #379219 v.1 
Secretary.  Certified custom applicators shall complete eight hours of training 1 
in each five-year period of certification.  Completion of five-year training 2 
requirements will serve as meeting the requirements for recertification. 3 
(f)  Certified custom applicators shall maintain records of the amount of 4 
manure or agricultural waste applied by farm and field for a period of five 5 
years and provide those records to the Agency upon reasonable request. 6 
§ 1366.  CERTIFICATION OF NUTRIENT MANAGEMENT PLAN 7 
              TECHNICAL SERVICE PROVIDERS 8 
(a)  Nutrient management plan technical service providers shall be certified 9 
by the Secretary in order to operate within the State. 10 
(b)  Nutrient management plan technical service providers shall demonstrate 11 
knowledge and competence related to the preparation and implementation of 12 
nutrient management plans, including the following: 13 
(1)  calculating manure and agricultural waste generation; 14 
(2)  taking soil and manure samples; 15 
(3)  identifying and creating maps of all natural resource features; 16 
(4)  use of erosion calculation tools; 17 
(5)  reconciling plans using records; 18 
(6)  use of nutrient index tools; 19 
(7)  accounting for subsurface tile drainage; and  20 
(8)  requirements of this chapter and the federal Clean Water Act. 21  BILL AS INTRODUCED 	H.146 
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VT LEG #379219 v.1 
(c)  Certification shall be valid for five years from the date of issuance and 1 
shall be renewable annually on a form and in a manner prescribed by the 2 
Secretary.  Certified nutrient management plan technical service providers 3 
shall complete eight hours of training in each five-year period of certification. 4 
Completion of five-year training requirements will serve as meeting the 5 
requirements for recertification. 6 
§ 1367.  BASIN MANAGEMENT; APPEALS TO THE ENVIRONMENTAL 7 
              DIVISION 8 
(a)  Any person with an interest in the agricultural component of the basin 9 
planning process may petition the Secretary to require, and the Secretary, in 10 
consultation with the Secretary of Agriculture, Food and Markets, may require 11 
by rule, best management practices in the individual basin in order to achieve 12 
compliance with the water quality goals in section 1250 of this chapter and any 13 
duly adopted basin plan.  The Secretary shall hold a public hearing within 60 14 
days and shall issue a timely written decision that sets forth the facts and 15 
reasons supporting the decision. 16 
(b)  Any person engaged in farming that has been required by the Secretary 17 
to implement best management or any person who has petitioned the Secretary 18 
under subsection (a) of this section may appeal the Secretary’s decision to the 19 
Environmental Division de novo. 20  BILL AS INTRODUCED 	H.146 
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VT LEG #379219 v.1 
§ 1368.  WASTE STORAGE FACILITY 1 
(a)  No person shall construct a new waste storage facility or expand or 2 
modify a waste storage facility unless the facility meets the standard 3 
established for such facilities by the Natural Resources Conservation Service 4 
of the U.S. Department of Agriculture or an equivalent standard.  If an 5 
equivalent design standard is used, the design and construction shall be 6 
certified by the Secretary or a licensed professional engineer operating within 7 
the scope of the engineer’s expertise. 8 
(b)  The Secretary may require the owner or operator of a waste storage 9 
facility to modify the facility to meet the standard set forth in subsection (a) of 10 
this section if the facility poses a threat to human health or the environment.  If 11 
the Secretary determines that a facility that meets the standard set forth in 12 
subsection (a) of this section poses a threat to human health or the 13 
environment, the Secretary may require the owner or operator of the facility to 14 
implement additional management measures. 15 
(c)  If the Secretary suspects that a waste storage facility may be 16 
contaminating groundwater, the Secretary shall pay the costs of any initial 17 
groundwater monitoring to determine whether a facility poses a threat to 18 
human health or the environment.  19  BILL AS INTRODUCED 	H.146 
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VT LEG #379219 v.1 
§ 1369.  MANAGEMENT OF NON -SEWAGE WASTE 1 
(a)  The Secretary may require a person transporting or arranging for the 2 
transport of non-sewage waste to a farm for deposit in a manure pit or for use 3 
as an input in a methane digester to obtain approval from the Secretary prior to 4 
transporting the non-sewage waste to the farm.  The Secretary may require a 5 
person to report to the Secretary at a designated time one or more of the 6 
following: 7 
(1)  the composition of the material transported to the farm, including the 8 
source of the material; and 9 
(2)  the volume of the material transported to a farm. 10 
(b)  After receipt of a report required under subsection (a) of this section, 11 
the Secretary may prohibit the import of non-sewage waste onto a farm upon a 12 
determination that the import of the material would violate the nutrient 13 
management plan for the farm or otherwise present a threat to water quality. 14 
Sec. 2.  10 V.S.A. § 1259 is amended to read: 15 
§ 1259.  PROHIBITIONS 16 
(a)  No person shall discharge any waste, substance, or material into waters 17 
of the State, nor shall any person discharge any waste, substance, or material 18 
into an injection well or discharge into a publicly owned treatment works any 19 
waste that interferes with, passes through without treatment, or is otherwise 20 
incompatible with those works or would have a substantial adverse effect on 21  BILL AS INTRODUCED 	H.146 
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VT LEG #379219 v.1 
those works or on water quality, without first obtaining a permit for that 1 
discharge from the Secretary.  This subsection shall not prohibit the proper 2 
application of fertilizer to fields and crops, nor reduce or affect the authority or 3 
policy declared in Joint House Resolution 7 of the 1971 Session of the General 4 
Assembly. 5 
* * * 6 
(f)  The provisions of subsections (c), (d), and (e) of this section shall not 7 
regulate required agricultural practices, as adopted by rule by the Secretary of 8 
Agriculture, Food and Markets, or accepted silvicultural practices, as defined 9 
by the Commissioner of Forests, Parks and Recreation, including practices 10 
which that are in compliance with the Acceptable Management Practices for 11 
Maintaining Water Quality on Logging Jobs in Vermont, as adopted by the 12 
Commissioner of Forests, Parks and Recreation; nor shall these provisions 13 
regulate discharges from concentrated animal feeding operations that require a 14 
permit under section 1263 of this title; nor shall those provisions prohibit 15 
stormwater runoff or the discharge of nonpolluting wastes, as defined by the 16 
Secretary. 17 
* * * 18 
(i)  The Secretary of Natural Resources, to the extent compatible with 19 
federal requirements, shall delegate to the Secretary of Agriculture, Food and 20 
Markets the State agricultural non-point source pollution control program 21  BILL AS INTRODUCED 	H.146 
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VT LEG #379219 v.1 
planning, implementation, and regulation.  A memorandum of understanding 1 
shall be adopted for this purpose, which shall address implementation grants, 2 
the distribution of federal program assistance, and the development of land use 3 
performance standards.  Prior to executing the memorandum, the Secretary of 4 
State shall arrange for two formal publications of information relating to the 5 
proposed memorandum.  The information shall consist of a summary of the 6 
proposal; the name, telephone number, and address of a person able to answer 7 
questions and receive comments on the proposal; and the deadline for 8 
receiving comments.  Publication shall be subject to the provisions of 3 V.S.A. 9 
§ 839(d), (e), and (g), relating to the publication of administrative rules.  The 10 
proposed memorandum of understanding shall be available for 30 days after 11 
the final date of publication for public review and comment prior to being 12 
executed by the Secretary of Natural Resources and the Secretary of 13 
Agriculture, Food and Markets.  The Secretary of Natural Resources and the 14 
Secretary of Agriculture, Food and Markets annually shall review the 15 
memorandum of understanding to ensure compliance with the requirements of 16 
the Clean Water Act and the provisions of section 1258 of this title. If the 17 
memorandum is substantially revised, it first shall be noticed in the same 18 
manner that applies to the initial memorandum.  Actions by the Secretary of 19 
Agriculture, Food and Markets under this section shall be consistent with the 20  BILL AS INTRODUCED 	H.146 
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VT LEG #379219 v.1 
water quality standards and water pollution control requirements of chapter 47 1 
of this title and the federal Clean Water Act as amended. [Repealed.] 2 
* * * 3 
Sec. 3. 10 V.S.A. § 1263 is amended to read: 4 
§ 1263.  DISCHARGE PERMITS 5 
* * * 6 
(g)  Notwithstanding any other provision of law, any person who owns or 7 
operates a concentrated animal feeding operation that requires a permit under 8 
the federal National Pollutant Discharge Elimination System permit 9 
regulations shall submit an application to the Secretary for a discharge permit 10 
and pay the required fees specified in 3 V.S.A. § 2822.  On or before July 1, 11 
2007, the Secretary of Natural Resources shall adopt rules implementing the 12 
federal National Pollutant Discharge Elimination System permit regulations for 13 
discharges from concentrated animal feeding operations.  Until such 14 
regulations are adopted, the substantive permitting standards and criteria used 15 
by the Secretary to evaluate applications and issue or deny discharge permits 16 
for concentrated animal feeding operations shall be those specified by federal 17 
regulations.  The Secretary may issue an individual or general permit for these 18 
types of discharges in accordance with the procedural requirements of 19 
subsection (b) of this section and other State law. For the purposes of this 20  BILL AS INTRODUCED 	H.146 
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VT LEG #379219 v.1 
subsection, “concentrated animal feeding operation” means a farm that meets 1 
the definition contained in the federal regulations. [Repealed.] 2 
Sec. 4.  10 V.S.A. § 1264(d) is amended to read: 3 
(d)  Exemptions. 4 
(1)  No permit is required under this section for: 5 
(A)  Stormwater runoff from farms in compliance with agricultural 6 
practices adopted by the Secretary of Agriculture, Food and Markets the 7 
agricultural water quality requirements of subchapter 3A of this chapter, 8 
provided that this exemption shall not apply to construction stormwater 9 
permits required by subdivision (c)(4) of this section. 10 
(B)  Stormwater runoff from concentrated animal feeding operations 11 
permitted under subsection 1263(g) of this chapter. 12 
(C)  Stormwater runoff from accepted silvicultural practices, as 13 
defined by the Commissioner of Forests, Parks and Recreation, including 14 
practices that are in compliance with the Acceptable Management Practices for 15 
Maintaining Water Quality on Logging Jobs in Vermont, as adopted by the 16 
Commissioner of Forests, Parks and Recreation. 17 
(D)  Stormwater runoff permitted under section 1263 of this title. 18 
* * * 19  BILL AS INTRODUCED 	H.146 
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VT LEG #379219 v.1 
Sec. 5.  10 V.S.A. § 8003(d) is amended to read: 1 
(d)  Upon the request of the Secretary of Agriculture, Food and Markets, the 2 
Secretary may take action under this chapter to enforce the agricultural water 3 
quality requirements of, rules adopted under, and permits and certifications 4 
issued under 6 V.S.A. chapter 215.  The Secretary of Natural Resources and 5 
the Secretary of Agriculture, Food and Markets shall enter into a memorandum 6 
of understanding to implement this subsection. [Repealed.] 7 
* * * Agency of Agriculture, Food and Markets; Repeal of Regulatory 8 
Authority over Agricultural Water Quality * * * 9 
Sec. 6.  6 V.S.A. chapter 215, subchapters 1–3 are amended to read: 10 
Subchapter 1.  General Provisions 11 
§ 4801.  PURPOSE; STATE POLICY 12 
It is the purpose of this chapter to ensure that agricultural animal wastes do 13 
not enter the waters of this State.  Therefore, it is State policy that: 14 
(1)  All farms meet certain standards in the handling and disposal of 15 
animal agricultural wastes, as provided by this chapter, and the cost of meeting 16 
these standards shall not be borne by farmers only but rather by all members of 17 
society, who are in fact the beneficiaries 10 V.S.A. chapter 47, subchapter 3A. 18 
Accordingly, State and federal funds shall be made available to farms, 19 
regardless of size, to defray the major cost of complying with the requirements 20 
of this chapter.  State and federal conservation programs to assist farmers 21  BILL AS INTRODUCED 	H.146 
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VT LEG #379219 v.1 
should be directed to those farms that need to improve their infrastructure to 1 
prohibit direct discharges or bring existing water pollution control structures 2 
into compliance with U.S. Department of Agriculture (U.S.D.A.) Natural 3 
Resources Conservation Service standards.  Additional resources should be 4 
directed to education and technical assistance for farmers to improve the 5 
management of agricultural wastes and protect water quality. 6 
* * * 7 
Subchapter 2.  Water Quality; Required Agricultural Practices and Best 8 
Management Practices Education and Technical Assistance 9 
§ 4810.  AUTHORITY; COOPERATION; COORDINATION 10 
(a)  Agricultural land use practices.  In accordance with 10 V.S.A. § 11 
1259(i), the Secretary shall adopt by rule, pursuant to 3 V.S.A. chapter 25, and 12 
shall implement and enforce agricultural land use practices in order to satisfy 13 
the requirements of 33 U.S.C. § 1329 that the State identify and implement 14 
best management practices to control nonpoint sources of agricultural waste to 15 
waters of the State.  These agricultural land use practices shall be created in 16 
two categories, pursuant to subsections (b) and (c) of this section. 17 
(b)  Required Agricultural Practices.  Required Agricultural Practices 18 
(RAPs) shall be management standards to be followed by all persons engaged 19 
in farming in this State.  These standards shall address activities that have a 20 
potential for causing agricultural pollutants to enter the groundwater and 21  BILL AS INTRODUCED 	H.146 
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waters of the State, including dairy and other livestock operations plus all 1 
forms of crop and nursery operations and on-farm or agricultural fairground, 2 
registered pursuant to 20 V.S.A. § 3902, livestock and poultry slaughter and 3 
processing activities.  The RAPs shall include, as well as promote and 4 
encourage, practices for farmers in preventing agricultural pollutants from 5 
entering the groundwater and waters of the State when engaged in animal 6 
waste management and disposal, soil amendment applications, plant 7 
fertilization, and pest and weed control.  Persons engaged in farming who are 8 
in compliance with these practices shall be presumed to not have a discharge of 9 
agricultural pollutants to waters of the State.  RAPs shall be designed to protect 10 
water quality and shall be practical and cost-effective to implement, as 11 
determined by the Secretary.  Where the Secretary determines, after inspection 12 
of a farm, that a person engaged in farming is complying with the RAPs but 13 
there still exists the potential for agricultural pollutants to enter the waters of 14 
the State, the Secretary shall require the person to implement additional, site-15 
specific on-farm conservation practices designed to prevent agricultural 16 
pollutants from entering the waters of the State.  When requiring 17 
implementation of a conservation practice under this subsection, the Secretary 18 
shall inform the person engaged in farming of the resources available to assist 19 
the person in implementing the conservation practice and complying with the 20 
requirements of this chapter.  The RAPs for groundwater shall include a 21  BILL AS INTRODUCED 	H.146 
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process under which the Agency shall receive, investigate, and respond to a 1 
complaint that a farm has contaminated the drinking water or groundwater of a 2 
property owner.  A farmer may petition the Secretary to reduce the size of a 3 
perennial buffer or change the perennial buffer type based on site-specific 4 
conditions. 5 
(c)  Best management practices.  Best management practices (BMPs) are 6 
site-specific on-farm conservation practices implemented in order to address 7 
the potential for agricultural pollutants to enter the waters of the State.  The 8 
Secretary may require any person engaged in farming to implement a BMP. 9 
When requiring implementation of a BMP, the Secretary shall inform a farmer 10 
of financial resources available from State or federal sources, private 11 
foundations, public charities, or other sources, including funding from the 12 
Clean Water Fund established under 10 V.S.A. § 1388, to assist the person in 13 
implementing BMPs and complying with the requirements of this chapter. 14 
BMPs shall be practical and cost effective to implement, as determined by the 15 
Secretary, and shall be designed to achieve compliance with the requirements 16 
of this chapter.  The Secretary may require soil monitoring or innovative 17 
manure management as a BMP under this subsection. Soil monitoring or 18 
innovative manure management implemented as a BMP shall be eligible for 19 
State assistance under the Clean Water Fund established under 10 V.S.A. 20 
chapter 47, subchapter 7.  If a perennial buffer of trees or other woody 21  BILL AS INTRODUCED 	H.146 
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VT LEG #379219 v.1 
vegetation is required as a BMP, the Secretary shall pay the farmer for a first 1 
priority easement on the land on which the buffer is located. 2 
(d) Cooperation and coordination.  The Secretary of Agriculture, Food and 3 
Markets shall coordinate with the Secretary of Natural Resources in 4 
implementing and enforcing programs, plans, and practices developed for 5 
reducing and eliminating agricultural nonpoint source pollutants and 6 
discharges from concentrated animal feeding operations.  On or before July 1, 7 
2016, the Secretary of Agriculture, Food and Markets and the Secretary of 8 
Natural Resources shall revise the memorandum of understanding for the 9 
nonpoint program describing program administration, grant negotiation, grant 10 
sharing, and how they will coordinate watershed planning activities to comply 11 
with Pub. L. No. 92-500.  The memorandum of understanding shall describe 12 
how the agencies will implement the antidegradation implementation policy, 13 
including how the agencies will apply the antidegradation implementation 14 
policy to new sources of agricultural nonpoint source pollutants.  The 15 
Secretary of Agriculture, Food and Markets and the Secretary of Natural 16 
Resources shall also develop a memorandum of understanding according to the 17 
public notice and comment process of 10 V.S.A. § 1259(i) regarding the 18 
implementation of the federal Concentrated Animal Feeding Operation 19 
Program and the relationship between the requirements of the federal Program 20 
and the State agricultural water quality requirements for large, medium, and 21  BILL AS INTRODUCED 	H.146 
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VT LEG #379219 v.1 
small farms under this chapter.  The memorandum of understanding shall 1 
describe Program administration, permit issuance, an appellate process, and 2 
enforcement authority and implementation.  The memorandum of 3 
understanding shall be consistent with the federal National Pollutant Discharge 4 
Elimination System permit regulations for discharges from concentrated 5 
animal feeding operations.  The allocation of duties under this chapter between 6 
the Secretary of Agriculture, Food and Markets and the Secretary of Natural 7 
Resources shall be consistent with the Secretary’s duties, established under the 8 
provisions of 10 V.S.A. § 1258(b), to comply with Pub. L. No. 92-500.  The 9 
Secretary of Natural Resources shall be the State lead person in applying for 10 
federal funds under Pub. L. No. 92-500 but shall consult with the Secretary of 11 
Agriculture, Food and Markets during the process.  The agricultural nonpoint 12 
source program may compete with other programs for competitive watershed 13 
projects funded from federal funds.  The Secretary of Agriculture, Food and 14 
Markets shall be represented in reviewing these projects for funding. Actions 15 
by the Secretary of Agriculture, Food and Markets under this chapter 16 
concerning agricultural nonpoint source pollution shall be consistent with the 17 
water quality standards and water pollution control requirements of 10 V.S.A. 18 
chapter 47 and the federal Clean Water Act as amended.  In addition, the 19 
Secretary of Agriculture, Food and Markets shall coordinate with the Secretary 20 
of Natural Resources in implementing and enforcing programs, plans, and 21  BILL AS INTRODUCED 	H.146 
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practices developed for the proper management of composting facilities when 1 
those facilities are located on a farm.  On or before January 15, 2016, the 2 
Secretary of Agriculture, Food and Markets and the Secretary of Natural 3 
Resources shall each develop three separate measures of the performance of 4 
the agencies under the memorandum of understanding required by this 5 
subsection.  Beginning on January 15, 2017 and annually thereafter, the 6 
Secretary of Agriculture, Food and Markets and the Secretary of Natural 7 
Resources shall submit separate reports to the Senate Committee on 8 
Agriculture, the House Committee on Agriculture, Food Resiliency, and 9 
Forestry, the Senate Committee on Natural Resources and Energy, and the 10 
House Committee on Environment and Energy regarding the success of each 11 
agency in meeting the performance measures for the memorandum of 12 
understanding. [Repealed.] 13 
§ 4810a.  REQUIRED AGRICULTURAL PRACTICES; REVISION 14 
(a)  The Secretary of Agriculture, Food and Markets shall maintain the 15 
Required Agricultural Practices in order to improve water quality in the State, 16 
ensure practices on all farms eliminate adverse impacts to water quality, and 17 
implement the small farm certification program required by section 4871 of 18 
this title.  At a minimum, the Required Agricultural Practices shall: 19 
(1)  Specify those farms that: 20  BILL AS INTRODUCED 	H.146 
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(A)  are required to comply with the small farm certification 1 
requirements under section 4871 of this title due to the potential impact of the 2 
farm or type of farm on water quality as a result of livestock managed on the 3 
farm, agricultural inputs used by the farm, or tillage practices on the farm; and 4 
(B)  shall be subject to the Required Agricultural Practices but shall 5 
not be required to comply with small farm certification requirements under 6 
section 4871 of this title. 7 
(2)(A)  Except as authorized under subdivision (C) of this subdivision 8 
(2), prohibit a farm from stacking or piling manure, storing fertilizer, or storing 9 
other nutrients on the farm: 10 
(i)  in a manner and location that presents a threat of discharge to a 11 
water of the State or presents a threat of contamination to groundwater; or 12 
(ii)  on lands in a floodway or otherwise subject to annual flooding. 13 
(B)  Except as authorized under subdivision (C) of this subdivision 14 
(2), manure stacking or piling sites, fertilizer storage, or other nutrient storage 15 
shall not be located within 200 feet of a private well or within 200 feet of a 16 
water of the State. 17 
(C)  The Secretary may authorize one or more of the following: 18 
(i)  siting of manure stacking or piling sites, fertilizer storage, or 19 
other nutrient storage within 200 feet, but not less than 100 feet, of a private 20 
well or surface water if the Secretary determines that the site is the best 21  BILL AS INTRODUCED 	H.146 
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available site on the farm for the purposes of protecting groundwater quality or 1 
surface water quality; and 2 
(ii)  siting of a waste storage facility within 200 feet of a surface 3 
water or private well if the site is the best available site on the farm for the 4 
purposes of protecting groundwater quality or surface water quality and the 5 
waste storage facility is designed by a licensed engineer to meet the 6 
requirements of section 4815 of this title. 7 
(3)  Require the construction and management of barnyards, waste 8 
management systems, animal holding areas, and production areas in a manner 9 
to prevent runoff of waste to a surface water, to groundwater, or across 10 
property boundaries. 11 
(4)  Establish standards for nutrient management on farms, including: 12 
(A)  required nutrient management planning on all farms that manage 13 
agricultural wastes; and 14 
(B)  recommended practices for improving and maintaining soil 15 
quality and healthy soils in order to increase the capacity of soil to retain water, 16 
improve flood resiliency, reduce sedimentation, reduce reliance on fertilizers 17 
and pesticides, and prevent agricultural stormwater runoff. 18 
(5)  Require cropland on the farm to be cultivated in a manner that 19 
results in an average soil loss of less than or equal to the soil loss tolerance for 20 
the prevalent soil, known as 1T, as calculated through application of the 21  BILL AS INTRODUCED 	H.146 
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Revised Universal Soil Loss Equation or through the application of similarly 1 
accepted models. 2 
(6)(A)  Require a farm to comply with standards established by the 3 
Secretary for maintaining a vegetative buffer zone of perennial vegetation 4 
between annual croplands and the top of the bank of an adjoining water of the 5 
State.  At a minimum the vegetative buffer standards established by the 6 
Secretary shall prohibit the application of manure on the farm within 25 feet of 7 
the top of the bank of an adjoining water of the State or within 10 feet of a 8 
ditch that is not a surface water under State law and that is not a water of the 9 
United States under federal law. 10 
(B)  Establish standards for site-specific vegetative buffers that 11 
adequately address water quality needs based on consideration of soil type, 12 
slope, crop type, proximity to water, and other relevant factors. 13 
(7)  [Repealed.] 14 
(8)  Regulate, in a manner consistent with the Agency of Natural 15 
Resources’ flood hazard area and river corridor rules, the construction or siting 16 
of a farm structure or the storage of manure, fertilizer, or pesticides within a 17 
river corridor designated by the Secretary of Natural Resources. 18 
(9)  Establish standards for the exclusion of livestock from the waters of 19 
the State to prevent erosion and adverse water quality impacts. 20  BILL AS INTRODUCED 	H.146 
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(10)  Establish standards for soil conservation practices such as cover 1 
cropping. 2 
(11)  Allow for alternative techniques or practices, approved by the 3 
Secretary, for compliance by an owner or operator of a farm when the owner or 4 
operator cannot comply with the requirements of the Required Agricultural 5 
Practices due to site-specific conditions.  Approved alternative techniques or 6 
practices shall meet State requirements to reduce adverse impacts to water 7 
quality. 8 
(b)  The Secretary of Agriculture, Food and Markets shall maintain the 9 
Required Agricultural Practices in order to include requirements for reducing 10 
nutrient contribution to waters of the State from subsurface tile drainage.  11 
Upon adoption of requirements for subsurface tile drainage, the Secretary may 12 
require an existing subsurface tile drain to comply with the requirements of the 13 
RAPs for subsurface tile drainage upon a determination that compliance is 14 
necessary to reduce adverse impacts to water quality from the subsurface tile 15 
drain. 16 
(c)  The Secretary shall amend the Required Agricultural Practices to 17 
include requirements for activities occurring in areas that are excluded from 18 
regulation by the Agency of Natural Resources under 10 V.S.A. § 902 because 19 
the area is used to grow food or crops in connection with farming activities. 20 
[Repealed.] 21  BILL AS INTRODUCED 	H.146 
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§ 4811.  POWERS OF SECRETARY 1 
The Secretary of Agriculture, Food and Markets in furtherance of the 2 
purposes of this chapter may: 3 
(1)  Make, adopt, revise, and amend reasonable rules that define 4 
practices described in section 4810 of this title as well as other rules deemed 5 
necessary to carry out the provisions of this chapter. [Repealed.] 6 
(2)  Appoint assistants, subject to applicable laws, to perform or assist in 7 
the performance of any duties or functions of the Secretary under this chapter. 8 
(3)  Enter any lands, public or private, and review and copy any land 9 
management records as may be necessary to carry out the provisions of this 10 
chapter. [Repealed.] 11 
(4)  Sign memorandums of understanding between agencies when the 12 
Secretary of Agriculture, Food and Markets agrees it is necessary for the 13 
success of the program. [Repealed.] 14 
(5)  Solicit and receive federal or private funds. 15 
(6)  Cooperate fully with the federal government or other agencies in the 16 
operation of any joint federal-state programs concerning the regulation of 17 
agricultural nonpoint source pollution. 18 
(7)  Establish programs to improve agricultural water quality. 19 
(8)  Provide grants or contracts from agricultural water quality programs 20 
established under this chapter, or by the Secretary of Agriculture, Food and 21  BILL AS INTRODUCED 	H.146 
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Markets, for the purpose of providing technical and financial assistance in 1 
preventing agricultural pollution from entering groundwater and waters of the 2 
State, provided that the Secretary shall only use capital funding available to the 3 
Agency for water quality programs or projects that are eligible for capital 4 
assistance. 5 
* * * 6 
§ 4813.  BASIN MANAGEMENT; APP EALS TO THE ENVIRONMENTAL 7 
              DIVISION 8 
(a)  The Secretary of Agriculture, Food and Markets shall cooperate with 9 
the Secretary of Natural Resources in the basin planning process with regard to 10 
the agricultural nonpoint source waste component of each basin plan.  Any 11 
person with an interest in the agricultural nonpoint source component of the 12 
basin planning process may petition the Secretary of Agriculture, Food and 13 
Markets to require, and the Secretary may require, best management practices 14 
in the individual basin beyond Required Agricultural Practices adopted by rule, 15 
in order to achieve compliance with the water quality goals in 10 V.S.A. § 16 
1250 and any duly adopted basin plan.  The Secretary of Agriculture, Food and 17 
Markets shall hold a public hearing within 60 days and shall issue a timely 18 
written decision that sets forth the facts and reasons supporting the decision. 19 
(b)  Any person engaged in farming that has been required by the Secretary 20 
of Agriculture, Food and Markets to implement best management practices or 21  BILL AS INTRODUCED 	H.146 
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any person who has petitioned the Secretary of Agriculture, Food and Markets 1 
under subsection (a) of this section may appeal the Secretary of Agriculture, 2 
Food and Markets’ decision to the Environmental Division de novo. 3 
(c)  When requiring implementation of a best management practice, the 4 
Secretary shall inform a farmer of the resources available to assist the farmer in 5 
implementing the best management practice and complying with the 6 
requirements of this chapter. [Repealed.] 7 
* * * 8 
§ 4815.  WASTE STORAGE FACILITY 9 
(a)  No person shall construct a new waste storage facility or expand or 10 
modify a waste storage facility in existence on July 1, 2006 unless the facility 11 
meets the standard established for such facilities by the Natural Resources 12 
Conservation Service of the U.S. Department of Agriculture or an equivalent 13 
standard.  If an equivalent design standard is used, the design and construction 14 
shall be certified by the Secretary of Agriculture, Food and Markets or a 15 
licensed professional engineer operating within the scope of the engineer’s 16 
expertise. 17 
(b)  The Secretary may require the owner or operator of a waste storage 18 
facility in existence on July 1, 2006 to modify the facility to meet the standard 19 
set forth in subsection (a) of this section if the facility poses a threat to human 20 
health or the environment.  If the Secretary determines that a facility that meets 21  BILL AS INTRODUCED 	H.146 
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the standard set forth in subsection (a) of this section poses a threat to human 1 
health or the environment, the Secretary may require the owner or operator of 2 
the facility to implement additional management measures. 3 
(c)  If the Secretary suspects that a waste storage facility may be 4 
contaminating groundwater, the Secretary shall pay the costs of any initial 5 
groundwater monitoring to determine whether a facility poses a threat to 6 
human health or the environment.  Within 21 days after a determination under 7 
this subsection that a facility poses a threat to human health or the environment 8 
because of apparent violation of the Groundwater Protection Standards, the 9 
Secretary of Agriculture, Food and Markets shall notify the Department of 10 
Health and the Secretary of Natural Resources of the location of the facility 11 
and the name of its owner or operator. 12 
(d)  As used in this section, “waste storage facility” means an impoundment 13 
made for the purpose of storing agricultural waste by constructing an 14 
embankment, excavating a pit or dugout, fabricating an inground and 15 
aboveground structure, or any combination thereof. [Repealed.] 16 
§ 4816.  SEASONAL APPLICATION OF MANURE 17 
(a)  Prohibition on application.  A person shall not apply manure to land in 18 
the State between December 15 and April 1 of any calendar year unless 19 
authorized by this section. 20  BILL AS INTRODUCED 	H.146 
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(b)  Extension of prohibition.  The Secretary of Agriculture, Food and 1 
Markets shall amend the Required Agricultural Practices by rule in order to 2 
establish a process under which the Secretary may prohibit the application of 3 
manure to land in the State between December 1 and December 15 and 4 
between April 1 and April 30 of any calendar year when the Secretary 5 
determines that due to weather conditions, soil conditions, or other limitations, 6 
application of manure to land would pose a significant potential of discharge or 7 
runoff to State waters. 8 
(c)  Seasonal exemption.  The Secretary of Agriculture, Food and Markets 9 
shall amend the Required Agricultural Practices by rule in order to establish a 10 
process under which the Secretary may authorize an exemption to the 11 
prohibition on the application of manure to land in the State between 12 
December 15 and April 1 of any calendar year or during any period established 13 
under subsection (b) of this section when manure is prohibited from 14 
application.  Any process established for the issuance of an exemption under 15 
the Required Agricultural Practices may authorize land application of manure 16 
on a weekly, monthly, or seasonal basis or in authorized regions, areas, or 17 
fields in the State, provided that any exemption shall: 18 
(1)  prohibit application of manure: 19 
(A)  in areas with established channels of concentrated stormwater 20 
runoff to surface waters, including ditches and ravines; 21  BILL AS INTRODUCED 	H.146 
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VT LEG #379219 v.1 
(B)  in nonharvested permanent vegetative buffers; 1 
(C)  in a nonfarmed wetland, as that term is defined in 10 V.S.A. § 2 
902(5); 3 
(D)  within 50 feet of a potable water supply, as that term is defined in 4 
10 V.S.A. § 1972(6); 5 
(E)  to fields exceeding tolerable soil loss; and 6 
(F)  to saturated soils; 7 
(2)  establish requirements for the application of manure when frozen or 8 
snow-covered soils prevent effective incorporation at the time of application; 9 
(3)  require manure to be applied according to a nutrient management 10 
plan; and 11 
(4)  establish the maximum tons of manure that may be applied per acre 12 
during any one application. [Repealed.] 13 
§ 4817.  MANAGEMENT OF NON -SEWAGE WASTE 14 
(a)  As used in this section: 15 
(1)  “Non-sewage waste” means any waste other than sewage that may 16 
contain organisms pathogenic to human beings but does not mean stormwater 17 
runoff. 18 
(2)  “Sewage” means waste containing human fecal coliform and other 19 
potential pathogenic organisms from sanitary waste and used water from any 20  BILL AS INTRODUCED 	H.146 
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VT LEG #379219 v.1 
building, including carriage water and shower and wash water.  “Sewage” does 1 
not mean stormwater runoff as that term is defined in 10 V.S.A. § 1264. 2 
(b)  The Secretary may require a person transporting or arranging for the 3 
transport of non-sewage waste to a farm for deposit in a manure pit or for use 4 
as an input in a methane digester to obtain approval from the Secretary prior to 5 
transporting the non-sewage waste to the farm.  The Secretary may require a 6 
person to report to the Secretary at a designated time one or more of the 7 
following: 8 
(1)  the composition of the material transported to the farm, including the 9 
source of the material; and 10 
(2)  the volume of the material transported to a farm. 11 
(c) After receipt of a report required under subsection (b) of this section, the 12 
Secretary may prohibit the import of non-sewage waste onto a farm upon a 13 
determination that the import of the material would violate the nutrient 14 
management plan for the farm or otherwise present a threat to water quality. 15 
[Repealed.] 16 
* * * 17 
Subchapter 3.  Water Quality; Financial and Technical Assistance 18 
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§ 4826.  COST ASSISTANCE FOR WASTE STORAGE FACILITIES 1 
(a)  The owner or operator of a farm required under section 4815 of this title 2 
to design, construct, or modify a waste storage facility may apply in writing to 3 
the Secretary of Agriculture, Food and Markets for cost assistance.  Using 4 
State or federal funds, or both, a State assistance grant shall be awarded, 5 
subject to the availability of funds, to applicants.  Such grants shall not exceed 6 
90 percent of the cost of an adequately sized and designed waste storage 7 
facility and the equipment eligible for Natural Resources Conservation Service 8 
cost share assistance.  Application for a State assistance grant shall be made in 9 
the manner prescribed by the Secretary. 10 
(b)  If the Secretary lacks adequate funds necessary for the cost assistance 11 
awards required by subsection (a) of this section, the Secretary shall appear 12 
before the Emergency Board, as soon as possible, and shall request that 13 
necessary funds be provided.  If the Emergency Board fails to provide 14 
adequate funds, the design and construction requirements for waste storage 15 
facilities under subsection 4815(b) of this title and the RAPs for groundwater, 16 
as they relate to a waste storage facility, shall be suspended for a farm with a 17 
waste storage facility subject to the requirements of subsection 4815(b) of this 18 
title until adequate funding becomes available. Suspension of the design and 19 
construction requirements of subsection 4815(b) of this title does not relieve an 20 
owner or operator of a farm permitted under section 4858 or 4851 of this title 21  BILL AS INTRODUCED 	H.146 
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from the remaining requirements of the owner’s or operator’s permit, including 1 
discharge standards, groundwater protection, nutrient management planning, 2 
and land application of manure. This subsection does not apply to farms 3 
permitted under 10 V.S.A. § 1263. 4 
(c)  The owner or operator of a farm with a waste storage facility may apply 5 
in writing to the Secretary of Agriculture, Food and Markets for a State 6 
assistance grant for the costs of complying with the U.S. Department of 7 
Agriculture Natural Resources Conservation Service requirements for 8 
inspection of a waste storage facility.  Such grants shall not exceed 90 percent 9 
of the cost of the inspection of the waste storage facility.  Application for a 10 
State assistance grant shall be made in the manner prescribed by the Secretary. 11 
[Repealed.] 12 
* * * 13 
Sec. 7.  REPEALS 14 
(a)  6 V.S.A. § 4803 (Agricultural Water Quality Special Fund) shall be 15 
repealed on July 1, 2027. 16 
(b)  6 V.S.A. §§ 4850–4855 (regulation of large farm operations) shall be 17 
repealed on July 1, 2027. 18 
(c)  6 V.S.A. chapter 215, subchapter 5 (regulation of medium and small 19 
farm operations) shall be repealed on July 1, 2027. 20  BILL AS INTRODUCED 	H.146 
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(d)  6 V.S.A. chapter 215, subchapter 5a (small farm certification) shall be 1 
repealed on July 1, 2027. 2 
(e)  6 V.S.A. chapter 215, subchapter 10 (enforcement) shall be repealed on 3 
July 1, 2027. 4 
* * * Conforming Changes to Statute * * * 5 
Sec. 8. 6 V.S.A. § 366 is amended to read: 6 
§ 366.  TONNAGE FEES 7 
(a)  A person distributing fertilizer to a nonregistrant consumer in the State 8 
annually shall pay the following fees to the Secretary: 9 
(1)  a $150.00 minimum tonnage fee; 10 
(2)  $0.50 per ton of agricultural fertilizer distributed; and 11 
(3)  $30.00 per ton of nonagricultural fertilizer distributed. 12 
* * * 13 
(g)(1)  All fees collected under subdivisions (a)(1) and (2) of this section 14 
shall be deposited in the special fund created by subsection 364(f) of this title 15 
and used in accordance with its provisions. 16 
(2)  All fees collected under subdivision (a)(3) of this section shall be 17 
deposited in the Agricultural Water Quality Special Fund created under section 18 
4803 of this title Clean Water Fund established under 10 V.S.A. § 1388. 19 
* * * 20  BILL AS INTRODUCED 	H.146 
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Sec. 9.  6 V.S.A. § 563 is amended to read: 1 
§ 563.  HEMP; AN AGRICULTURAL PRODUCT 2 
(a)  Hemp is an agricultural product that may be grown as a crop produced, 3 
possessed, marketed, and commercially traded in Vermont pursuant to the 4 
provisions of this chapter and section 10113 of the Agriculture Improvement 5 
Act of 2018, Pub. L. No. 115-334. 6 
* * * 7 
(d)  The cultivation of hemp shall be subject to and comply with the 8 
Required Agricultural Practices adopted under section 4810 of this title, as 9 
amended 10 V.S.A. § 1325. 10 
Sec. 10.  6 V.S.A. § 918(b) is amended to read: 11 
(b)  The registrant shall pay an annual fee of $200.00 for each product 12 
registered, and $185.00 of that amount shall be deposited in the special fund 13 
created in section 929 of this title.  Of the registration fees collected under this 14 
subsection, $15.00 of the amount collected shall be deposited in the 15 
Agricultural Water Quality Special Fund under section 4803 of this title Clean 16 
Water Fund established under 10 V.S.A. § 1388.  Of the registration fees 17 
collected under this subsection, $25.00 of the amount collected shall be used to 18 
offset the additional costs of inspection of economic poison products and to 19 
provide educational services, training, and technical assistance to pesticide 20 
applicators, beekeepers, and the general public regarding the effects of 21  BILL AS INTRODUCED 	H.146 
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pesticides on pollinators and the methods or best management practices to 1 
reduce the impacts of pesticides on pollinators.  The annual registration year 2 
shall be from December 1 to November 30 of the following year. 3 
Sec. 11.  10 V.S.A. § 905b is amended to read: 4 
§ 905b.  DUTIES; POWERS 5 
The Department shall protect and manage the water resources of the State in 6 
accordance with the provisions of this subchapter and shall: 7 
* * * 8 
(18)  Study and investigate the wetlands of the State and cooperate with 9 
municipalities, the general public, other agencies, and the Board in collecting 10 
and compiling data relating to wetlands; propose to the Board specific 11 
wetlands to be designated as Class I wetlands; issue or deny permits pursuant 12 
to section 913 of this title and the rules authorized by this subdivision; issue 13 
wetland determinations pursuant to section 914 of this title; issue orders 14 
pursuant to section 1272 of this title; and in accordance with 3 V.S.A. chapter 15 
25, adopt rules to address the following: 16 
* * * 17 
(C)  The protection of wetlands that have been determined under 18 
subdivision (A) or (B) of this subdivision (18) to be significant, including rules 19 
that provide for the issuance or denial of permits and the issuance of wetland 20 
determinations by the Department under this chapter; provided, however, that 21  BILL AS INTRODUCED 	H.146 
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the rules may only protect the values and functions sought to be preserved by 1 
the designation.  The Department shall not adopt rules that restrain agricultural 2 
activities without the consent of the Secretary of Agriculture, Food and 3 
Markets and shall not adopt rules that restrain silvicultural activities without 4 
the consent of the Commissioner of Forests, Parks and Recreation. 5 
* * * 6 
Sec. 12.  10 V.S.A. § 1266b(d) is amended to read: 7 
(d)  Application of fertilizer to impervious surface; in proximity to water; 8 
and seasonal restriction.  No person shall apply any fertilizer in one or more of 9 
the following situations: 10 
(1)  to To an impervious surface.  Fertilizer applied or released to an 11 
impervious surface shall be immediately collected and returned to a container 12 
for legal application.  This subdivision shall not apply to activities regulated 13 
under the required agricultural practices as those practices are defined by the 14 
Secretary of Agriculture, Food and Markets under 6 V.S.A. § 4810;. 15 
(2)  to To turf before April 1 or after October 15 in any calendar year or 16 
at any time when the ground is frozen; or. 17 
(3)  to To turf within 25 feet of a water of the State. 18  BILL AS INTRODUCED 	H.146 
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Sec. 13.  10 V.S.A. § 1389b is amended to read: 1 
§ 1389b.  CLEAN WATER FUND AUDIT 2 
(a)  On or before January 15, 2023, the Secretary of Administration shall 3 
submit to the House and Senate Committees on Appropriations, the Senate 4 
Committee on Finance, the House Committee on Ways and Means, the Senate 5 
Committee on Agriculture, the House Committee on Agriculture, Food 6 
Resiliency, and Forestry, the Senate Committee on Natural Resources and 7 
Energy, and the House Committee on Environment and Energy a program 8 
audit of the Clean Water Fund.  The audit shall include: 9 
* * * 10 
(4)  an assessment of the capacity of the Agency of Agriculture, Food 11 
and Markets to effectively administer and enforce agricultural water quality 12 
requirements on farms in the State; [Repealed.] 13 
* * * 14 
Sec. 14.  10 V.S.A. § 1446(b)(7) is amended to read: 15 
(7)  Agricultural activities.  Agricultural activities on land in agricultural 16 
production on July 1, 2014, provided that: 17 
(A)  no impervious surface shall be created or expanded in a protected 18 
shoreland area except:  when no alternative outside the protected shoreland 19 
area exists, the construction of a best management practice is necessary to 20 
abate an agricultural water quality issue, and the best management practice is 21  BILL AS INTRODUCED 	H.146 
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approved by the Secretary of Agriculture, Food and Markets under 6 V.S.A. 1 
chapter 215 Natural Resources under chapter 47, subchapter 3A of this title; 2 
and 3 
(B)  the agricultural activities within the protected shoreland area 4 
comply with the rules adopted by and permits the Secretary of Agriculture, 5 
Food and Markets under 6 V.S.A. chapter 215 regarding agricultural water 6 
quality, including required agricultural practices, best management practices, 7 
medium and small farm operation, and large farm operation Natural Resources 8 
adopts under chapter 47, subchapter 3A of this title. 9 
Sec. 15.  10 V.S.A. § 1671(8) is amended to read: 10 
(8)  “Required agricultural practices” shall be as defined by the Secretary 11 
of Agriculture, Food and Markets under 6 V.S.A. § 4810 in section 13221 of 12 
this title. 13 
Sec. 16.  10 V.S.A. § 1679(c) is amended to read: 14 
(c)  Rules adopted by the Secretary under subsection (a) of this section shall 15 
include provisions for the identification of agricultural lands, as defined in 32 16 
V.S.A. § 3752, within public water source protection areas and for ensuring 17 
that required agricultural practices farming, as that term is defined in section 18 
6001 if this title, on those lands are is not unduly restricted by the development 19 
of the public water source protection area without the consent of the owner of 20 
those agricultural lands.  Prior to the adoption of rules under this subsection, 21  BILL AS INTRODUCED 	H.146 
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the Secretary shall consult with the Secretary of Agriculture, Food and Markets 1 
and, if possible, obtain concurrence of the Secretary of Agriculture, Food and 2 
Markets.  If the Secretary of Agriculture, Food and Markets does not concur, 3 
the Secretary of Agriculture, Food and Markets shall state any objections in 4 
writing;, and those objections shall be included by the Secretary in filing the 5 
final proposed rule with the Legislative Committee on Administrative Rules. 6 
Sec. 17.  10 V.S.A. § 6001(3)(E) is amended to read: 7 
(E)  When development is proposed to occur on a parcel or tract of 8 
land that is devoted to farming activity as defined in subdivision (22) of this 9 
section, only those portions of the parcel or the tract that support the 10 
development shall be subject to regulation under this chapter.  Permits issued 11 
under this chapter shall not impose conditions on other portions of the parcel or 12 
tract of land that do not support the development and that restrict or conflict 13 
with required agricultural practices adopted by the Secretary of Agriculture, 14 
Food and Markets.  Any portion of the tract that is used to produce compost 15 
ingredients for a composting facility located elsewhere on the tract shall not 16 
constitute land that supports the development unless it is also used for some 17 
other purpose that supports the development. 18 
Sec. 18.  10 V.S.A. § 6001(42) is amended to read: 19 
(42)  “Small farm” has the same meaning as in 6 V.S.A. § 4871 section 20 
1321 of this title and also means a small farm that is subject to the Required 21  BILL AS INTRODUCED 	H.146 
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Agricultural Practices Rule (RAPs) and is not required to certify as a small 1 
farm under Section 4 of the RAPs, section 1324c of this title and is not 2 
required to operate as a Medium Farm Operation under 6 V.S.A. § 4858, and is 3 
not required to operate as a Large Farm Operation under 6 V.S.A. § 4851 4 
obtain a CAFO permit under chapter 47, subchapter 3A of this title. 5 
Sec. 19.  24 V.S.A. § 4413(d)(1) is amended to read: 6 
(d)(1)  A bylaw under this chapter shall not regulate: 7 
(A)  required agricultural practices, including the construction of farm 8 
structures, as those practices are defined and administered by the Secretary of 9 
Agriculture, Food and Markets Natural Resources; 10 
* * * 11 
Sec. 20.  32 V.S.A. § 3752(5)(D) is amended to read: 12 
(D)  “Development” also means notification of the Director by the 13 
Secretary of Agriculture, Food and Markets Natural Resources under section 14 
3756 of this title that the owner or operator of agricultural land or a farm 15 
building is violating the water quality requirements of 6 V.S.A. chapter 215 10 16 
V.S.A. chapter 47 or is failing to comply with the terms of an order issued 17 
under 6 V.S.A. chapter 215, subchapter 10 10 V.S.A. chapter 201. 18 
Sec. 21.  32 V.S.A. § 3756(i) is amended to read: 19 
(i)(1)  After providing 30 days’ notice to the owner, the Director shall 20 
remove from use value appraisal an entire parcel of managed forestland and 21  BILL AS INTRODUCED 	H.146 
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notify the owner when the Commissioner of Forests, Parks and Recreation has 1 
not received a required management activity report or has received an adverse 2 
inspection report, unless the lack of conformance consists solely of the failure 3 
to make prescribed planned cutting.  In that case, the Director may delay 4 
removal from use value appraisal for a period of one year at a time to allow 5 
time to bring the parcel into conformance with the plan. 6 
(2)(A)  The Director shall remove from use value appraisal an entire 7 
parcel or parcels of agricultural land and farm buildings identified by the 8 
Secretary of Agriculture, Food and Markets Natural Resources as being used 9 
by a person: 10 
(i)  found, after administrative hearing, or contested judicial 11 
hearing or motion, to be in violation of water quality requirements established 12 
under 6 V.S.A. chapter 215, 10 V.S.A. chapter 47 or any rules adopted or any 13 
permit or certification issued under 6 V.S.A. chapter 215 10 V.S.A. chapter 47; 14 
or 15 
(ii)  who is not in compliance with the terms of an administrative 16 
or court order issued under 6 V.S.A. chapter 215, subchapter 10 10 V.S.A. 17 
chapter 201 to remedy a violation of the requirements of 6 V.S.A. chapter 215 18 
10 V.S.A. chapter 47 or any rules adopted or any permit or certification issued 19 
under 6 V.S.A. chapter 215 10 V.S.A. chapter 47. 20  BILL AS INTRODUCED 	H.146 
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VT LEG #379219 v.1 
(B)  The Director shall notify the owner that agricultural land or a 1 
farm building has been removed from use value appraisal by providing 2 
notification of removal to the owner.  After removal of agricultural land or a 3 
farm building from use value appraisal under this section, the Director shall not 4 
consider a new application for use value appraisal for the agricultural land or 5 
farm building until the Secretary of Agriculture, Food and Markets Natural 6 
Resources submits to the Director a certification that the owner or operator of 7 
the agricultural land or farm building is complying with the water quality 8 
requirements of 6 V.S.A. chapter 215 10 V.S.A. chapter 47 or an order issued 9 
under 6 V.S.A. chapter 215 10 V.S.A. chapter 47 or 10 V.S.A. chapter 201. 10 
After submission of a certification by the Secretary of Agriculture, Food and 11 
Markets Natural Resources, an owner or operator shall be eligible to apply for 12 
enrollment of the agricultural land or farm building according to the 13 
requirements of this section. 14 
Sec. 22.  32 V.S.A. § 3758(e) is amended to read: 15 
(e)  When the Director removes agricultural land or a farm building 16 
pursuant to notification from the Secretary of Agriculture, Food and Markets 17 
Natural Resources under section 3756 of this title, the exclusive right of appeal 18 
shall be as provided in 6 V.S.A. § 4996(a). 19  BILL AS INTRODUCED 	H.146 
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VT LEG #379219 v.1 
* * * Permit Fees * * * 1 
Sec. 23.  3 V.S.A. § 2822(j) is amended to read: 2 
(j)  In accordance with subsection (i) of this section, the following fees are 3 
established for permits, licenses, certifications, approvals, registrations, orders, 4 
and other actions taken by the Agency of Natural Resources. 5 
* * * 6 
(2)  For discharge permits issued under 10 V.S.A. chapter 47 and orders 7 
issued under 10 V.S.A. § 1272, an administrative processing fee of $240.00 8 
shall be paid at the time of application for a discharge permit in addition to any 9 
application review fee and any annual operating fee, except for permit 10 
applications under subdivisions (A)(iii)(III) and (V) of this subdivision (j)(2): 11 
(A)  Application review fee: 12 
* * * 13 
     (v)  CAFO permit 14 
      (I)  Large CAFO 	$750.00 15 
      (II)  Medium CAFO 	$500.00 16 
      (III)  Small CAFO 	$250.00 17 
* * * 18 
   (B)  Annual operating fee. 19 
* * * 20 
     (vi)  CAFO permit 21  BILL AS INTRODUCED 	H.146 
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VT LEG #379219 v.1 
      (I)  Large CAFO 	$2,500.00 1 
      (II)  Medium CAFO 	$1,500.00 2 
      (III)  Small CAFO 	$500.00 3 
* * * 4 
* * * Implementation * * * 5 
Sec. 24.  TRANSITION; IMPLEMENTATION 6 
(a)  On or before January 1, 2026, the Secretary of Natural Resources shall 7 
submit to the House and Senate Committees on Appropriations a report 8 
recommending sufficient appropriations and staffing for the Agency of Natural 9 
Resources to implement and enforce the agricultural water quality requirement 10 
of 10 V.S.A. chapter 47, subchapter 3A. 11 
(b)  All pending enforcement actions of the Secretary of Agriculture, Food 12 
and Markets under 6 V.S.A. chapter 215 shall be transferred to the Secretary of 13 
Natural Resources on July 1, 2027 for enforcement under 10 V.S.A. chapter 14 
201.  A previous enforcement action of the Secretary of Agriculture, Food and 15 
Markets against a farm under 6 V.S.A. 1 chapter 215 shall not preclude or 16 
prevent the Secretary of Natural Resources from enforcing violations of 10 17 
V.S.A. chapter 47 that occur on or after July 1, 2025. 18 
(c)  All monies in the Agricultural Water Quality Special Fund created 19 
under 6 V.S.A. § 4803 shall be deposited in the Agricultural Water Quality 20 
Special Fund created under 10 V.S.A. § 1354 on July 1, 2027. 21  BILL AS INTRODUCED 	H.146 
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VT LEG #379219 v.1 
(d)  The memorandum of understanding adopted by the Secretary of Natural 1 
Resources and the Secretary of Agriculture, Food and Markets prior to the 2 
effective date of this act pursuant to 10 V.S.A. §§ 1259(i) and 8003(d) shall be 3 
rescinded on July 1, 2027. 4 
* * * Statutory Revision * * * 5 
Sec. 25.  STATUTORY REVISION; AGRICULTURAL PRACTICES  6 
In its statutory revision capacity under 2 V.S.A. § 424, the Office of 7 
Legislative Counsel is authorized, where appropriate, to replace the words 8 
“Secretary of Agriculture, Food and Markets” or “Agency of Agriculture, Food 9 
and Markets” with the appropriate words or phrase to reflect the transfer of the 10 
agricultural water quality program from the Agency of Agriculture, Food and 11 
Markets to the Agency of Natural Resources under 10 V.S.A. chapter 47, 12 
subchapter 3A. 13 
* * * Effective Date * * * 14 
Sec. 26.  EFFECTIVE DATE 15 
This act shall take effect on July 1, 2025. 16