Vermont 2025-2026 Regular Session

Vermont House Bill H0146 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	BILL AS INTRODUCED H.146
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6	6	H.146 1
7	7	Introduced by Representative Sheldon of Middlebury 2
8	8	Referred to Committee on 3
9	9	Date: 4
10	10	Subject: Conservation and development; agriculture; water quality; permitting; 5
11	11	enforcement 6
12	12	Statement of purpose of bill as introduced: This bill proposes to transfer from 7
13	13	the Secretary of Agriculture, Food and Markets to the Secretary of Natural 8
14	14	Resources all authority to administer and enforce water quality requirements 9
15	15	on farms in Vermont. 10
16	16	An act relating to administration and enforcement of agricultural water 11
17	17	quality requirements in the State 12
18	18	It is hereby enacted by the General Assembly of the State of Vermont: 13
19	19	* * * Agency of Natural Resources; Agricultural Water Quality Program * * * 14
20	20	Sec. 1. 10 V.S.A. chapter 47, subchapter 3A is added to read: 15
21	21	Subchapter 3A. Agricultural Water Quality 16
22	22	§ 1351. PURPOSE 17
23	23	It is the purpose of this subchapter to ensure that agricultural wastes, 18
24	24	including manure, fertilizer, nutrients, pathogens, sediments, and pesticides, 19
25	25	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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28	28
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30	30	agricultural water quality meets the requirements of the federal Clean 1
31	31	Water Act. 2
32	32	§ 1352. DEFINITIONS 3
33	33	As used in this subchapter: 4
34	34	(1) “Agency” means the Agency of Natural Resources. 5
35	35	(2) “Agricultural waste” means material originating or emanating from a 6
36	36	farm that is determined by the Secretary to be harmful to the groundwater or 7
37	37	waters of the State, including sediments; minerals, including heavy metals; 8
38	38	plant nutrients; pesticides; organic wastes, including livestock waste, animal 9
39	39	mortalities, compost, feed and crop debris; waste oils; pathogenic bacteria and 10
40	40	viruses; thermal pollution; silage runoff; untreated milkhouse waste; process 11
41	41	wastewater; and any other farm waste as the term “waste” is defined in 12
42	42	subdivision 1251(12) of this title. 13
43	43	(3) “Animal feeding operation” or “AFO” means a lot or facility where 14
44	44	livestock or domestic fowl have been, are, or will be stabled or confined and 15
45	45	fed or maintained for a total of 45 days or more in any 12-month period and 16
46	46	crops, vegetation, or forage growth are not sustained in the normal growing 17
47	47	season over any portion of the lot or facility. Two or more individual farms 18
48	48	qualifying as an AFO that are under common ownership and that adjoin each 19
49	49	other or use a common area or system for the disposal of waste shall be 20
50	50	considered to be a single AFO if the combined number of livestock or 21 BILL AS INTRODUCED H.146
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53	53
54	54	VT LEG #379219 v.1
55	55	domestic fowl on the combined farm qualifies the combined farm as a large 1
56	56	CAFO as defined in subdivision (11) of this section or as a medium CAFO as 2
57	57	defined in subdivision (14) of this section. 3
58	58	(4) “Concentrated animal feeding operation” or “CAFO” means a large 4
59	59	CAFO, a medium CAFO, or a small CAFO. 5
60	60	(5) “CAFO permit” means a permit issued by the Secretary to a CAFO 6
61	61	under section 1356 of this subchapter. 7
62	62	(6) “Discharge” means the placing, depositing, or emission of any 8
63	63	wastes, directly or indirectly, into an injection well, into the waters of the State, 9
64	64	or into a significant wetland, including from a land application area under the 10
65	65	control of a CAFO or AFO, unless it is an agricultural stormwater discharge. 11
66	66	A discharge shall not be considered an agricultural stormwater discharge 12
67	67	unless it meets all of the following requirements: 13
68	68	(A) Precipitation is the primary cause of the discharge. A discharge 14
69	69	is not an agricultural stormwater discharge if its primary cause is farm 15
70	70	management, even if precipitation contributes to the discharge. 16
71	71	(B) The waste discharged is manure, litter, or process wastewater. 17
72	72	(C) The CAFO or AFO land applied the discharged manure, litter, or 18
73	73	process wastewater in accordance with a nutrient management plan that meets 19
74	74	the requirements of section 1364 of this subchapter. 20 BILL AS INTRODUCED H.146
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79	79	(7) “Domestic fowl” means laying-hens, broilers, ducks, turkeys, or 1
80	80	other animal types designated by the Secretary by rule. 2
81	81	(8) “Farm” means a parcel or parcels of land owned, leased, or managed 3
82	82	by a person that is devoted primarily to farming and that meets the threshold 4
83	83	criteria established under the Required Agricultural Practices, provided that a 5
84	84	lessee controls the leased lands to the extent they would be considered as part 6
85	85	of the lessee’s own farm. Indicators of control may include whether the lessee 7
86	86	makes day-to-day decisions concerning cultivation or other farming-related 8
87	87	actions on the land. 9
88	88	(9) “Farming” has the same meaning as used in subdivision 6001(22) of 10
89	89	this title. 11
90	90	(10) “Land Application Area” means the area under the control of an 12
91	91	AFO or CAFO owner or operator, whether it is owned, rented, or leased, to 13
92	92	which agricultural waste may be applied. 14
93	93	(11) “Large concentrated animal feeding operation” or “Large CAFO” 15
94	94	means an AFO that houses 700 or more mature dairy animals, 1,000 or more 16
95	95	cattle or cow or calf pairs, 1,000 or more veal calves, 2,500 or more swine 17
96	96	weighing over 55 pounds, 10,000 or more swine weighing 55 pounds or less, 18
97	97	500 or more horses, 10,000 or more sheep or lambs, 55,000 or more turkeys, 19
98	98	30,000 or more laying hens or broilers with a liquid manure handling system, 20
99	99	82,000 or more laying hens without a liquid manure handling system, 125,000 21 BILL AS INTRODUCED H.146
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102	102
103	103	VT LEG #379219 v.1
104	104	or more chickens other than laying hens without a liquid manure handling 1
105	105	system, 5,000 or more ducks with a liquid manure handling system, 30,000 or 2
106	106	more ducks without a liquid manure handling system, or other livestock types, 3
107	107	combinations, or numbers as designated by the Secretary by rule. 4
108	108	(12) “Livestock” means cattle, cow or calf pairs, youngstock, heifers, 5
109	109	bulls, American bison, swine, sheep, goats, horses, cervids, camelids, ratites, 6
110	110	rabbits, pheasants, chukar partridge, coturnix quail, domestic fowl, or other 7
111	111	animal types designated by the Secretary by rule. 8
112	112	(13) “Manure” means livestock waste in solid or liquid form that may 9
113	113	also contain bedding, spilled feed, water, or soil. 10
114	114	(14) “Medium concentrated animal feeding operation” or “medium 11
115	115	CAFO” means an AFO that houses 200 to 699 mature dairy animals, 300 to 12
116	116	999 cattle or cow or calf pairs, 300 to 999 veal calves, 750 to 2,499 swine 13
117	117	weighing over 55 pounds, 3,000 to 9,999 swine weighing 55 pounds or less, 14
118	118	150 to 499 horses, 3,000 to 9,999 sheep or lambs, 16,500 to 54,999 turkeys, 15
119	119	9,000 to 29,999 laying hens or broilers with a liquid manure handling system, 16
120	120	25,000 to 81,999 laying hens without a liquid manure handling system, 37,500 17
121	121	to 124,999 chickens other than laying hens without a liquid manure handling 18
122	122	system, 1,500 to 4,999 ducks with a liquid manure handling system, 10,000 to 19
123	123	29,999 ducks without a liquid manure handling system, or other livestock 20
124	124	types, combinations, or numbers as designated by the Secretary by rule. 21 BILL AS INTRODUCED H.146
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129	129	(15) “Non-sewage waste” means any waste other than sewage that may 1
130	130	contain organisms pathogenic to human beings but does not mean stormwater 2
131	131	runoff. 3
132	132	(16) “NPDES Program” or “NPDES” means the National Pollutant 4
133	133	Discharge Elimination System Program of the federal Clean Water Act. 5
134	134	(17) “Process wastewater” means water directly or indirectly used in the 6
135	135	operation of an AFO or CAFO for any or all of the following: spillage or 7
136	136	overflow from livestock or domestic fowl watering systems; washing, 8
137	137	cleaning, or flushing pens, barns, manure pits, or other AFO or CAFO 9
138	138	facilities; direct contact swimming, washing, or spray cooling of animals; or 10
139	139	dust control. Process wastewater also includes any water that comes into 11
140	140	contact with any raw materials, products, or byproducts including manure, 12
141	141	litter, feed, milk, eggs, or bedding. 13
142	142	(18) “Production area” means that part of an AFO or CAFO that 14
143	143	includes the animal confinement area, the manure storage area, the raw 15
144	144	materials storage area, and the waste containment areas. 16
145	145	(19) “Required Agricultural Practices” or “RAPs” mean the 17
146	146	management standards and practices administered, amended, or adopted by the 18
147	147	Secretary under section 1360 of this subchapter. 19
148	148	(20) “Secretary” means the Secretary of Natural Resources. 20 BILL AS INTRODUCED H.146
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153	153	(21) “Sewage” means waste containing human fecal coliform and other 1
154	154	potential pathogenic organisms from sanitary waste and used water from any 2
155	155	building, including carriage water and shower and wash water. “Sewage” does 3
156	156	not mean stormwater runoff as that term is defined in section 1264 of this 4
157	157	chapter. 5
158	158	(22) “Significant wetland” has the same meaning as in section 902 of 6
159	159	this title. 7
160	160	(23) “Small animal feeding operation” means an AFO that is not a large 8
161	161	CAFO or a medium CAFO. 9
162	162	(24) “Small concentrated animal feeding operation” or “small CAFO” 10
163	163	means a small AFO designated as a small CAFO by the Secretary pursuant to 11
164	164	section 1357 of this subchapter. 12
165	165	(25) “Small farm” means a parcel or parcels of land: 13
166	166	(A) on which 10 or more acres are used for farming; 14
167	167	(B) that house not more than 199 mature dairy animals, 299 cattle or 15
168	168	eight cow or calf pairs, 299 veal calves, 749 swine weighing over 55 pounds, 16
169	169	2,999 swine weighing 55 pounds or less, 149 horses, 2,999 sheep or lambs, 17
170	170	16,499 turkeys, 8,999 laying hens or broilers with a liquid manure handling 18
171	171	system, 24,999 laying hens without a liquid manure handling system, 37,499 19
172	172	chickens other than laying hens without a liquid manure handling system, 20
173	173	1,499 ducks with a liquid manure handling system, 9,999 ducks without a 21 BILL AS INTRODUCED H.146
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176	176
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178	178	liquid manure handling system, or other livestock types, combinations, or 1
179	179	numbers as designated by the Secretary by rule; 2
180	180	(C) that are not part of a CAFO; and 3
181	181	(D)(i) that house at least the number of mature animals designated by 4
182	182	rule under the RAPs; or 5
183	183	(ii) that are used for the preparation, tilling, fertilization, planting, 6
184	184	protection, irrigation, and harvesting of crops for sale. 7
185	185	(26) “Waste storage facility” means an impoundment made for the 8
186	186	purpose of storing agricultural waste by constructing an embankment, 9
187	187	excavating a pit or dugout, fabricating an inground and aboveground structure, 10
188	188	or any combination thereof. 11
189	189	§ 1353. POWERS OF THE SECRETARY 12
190	190	The Secretary, in furtherance of the purposes of this subchapter, may: 13
191	191	(1) adopt, revise, or amend rules as necessary to carry out the provisions 14
192	192	of this subchapter; 15
193	193	(2) appoint assistants, subject to applicable laws, to perform or assist in 16
194	194	the performance of any duties or functions of the Secretary under this 17
195	195	subchapter; 18
196	196	(3) enter any lands, public or private, and review and copy any land 19
197	197	management records as may be necessary to carry out the provisions of this 20
198	198	subchapter; 21 BILL AS INTRODUCED H.146
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201	201
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203	203	(4) solicit and receive federal or private funds; and 1
204	204	(5) cooperate fully with the federal government or other agencies in the 2
205	205	operation of any joint federal-state programs concerning the regulation of 3
206	206	agricultural pollution. 4
207	207	§ 1354. AGRICULTURAL WATER QUALITY SPECIAL FUND 5
208	208	(a) There is created the Agricultural Water Quality Special Fund to be 6
209	209	administered by the Secretary. Notwithstanding any other provision of law, 7
210	210	fees collected under this subchapter, fees collected under 3 V.S.A. 8
211	211	§ 2822(j)(2)(A)(v), and fees collected under 3 V.S.A. § 2822(j)(2)(B)(vi) shall 9
212	212	be deposited in the Fund. 10
213	213	(b) The Secretary shall use monies deposited in the Fund for the 11
214	214	Secretary’s implementation and administration of agricultural water quality 12
215	215	programs or requirements under this subchapter, including to pay salaries of 13
216	216	Agency staff necessary to administer and implement the programs and 14
217	217	requirements of this subchapter. 15
218	218	(c) Notwithstanding the requirements of 32 V.S.A. § 588(3), interest earned 16
219	219	by the Fund shall be retained in the Fund from year to year. 17
220	220	§ 1355. INSPECTION 18
221	221	(a) The Secretary may inspect any farm at any time to carry out the 19
222	222	provisions of this subchapter. 20
223	223	(b) After July 1, 2027, the Secretary shall inspect: 21 BILL AS INTRODUCED H.146
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228	228	(1) each large CAFO not less frequently than once per year. 1
229	229	(2) each medium CAFO and each small CAFO not less frequently than 2
230	230	once every three years; 3
231	231	(3) each small AFO not less frequently than once every five years; 4
232	232	(4) each small farm required to certify under section 1359 of this 5
233	233	subchapter and that is not a small AFO not less frequently than once every 6
234	234	seven years; and 7
235	235	(5) any farm that discharges to waters of the State, that contaminates 8
236	236	groundwater or drinking water, that violates the RAPs, that violates a best 9
237	237	management practice required by the Secretary under this subchapter, or that 10
238	238	violates a permit issued under this chapter within six months after the 11
239	239	discharge, contamination, or violation. 12
240	240	§ 1356. CAFO PERMIT REQUIRED 13
241	241	(a) After January 1, 2029, no person shall operate a large CAFO, a medium 14
242	242	CAFO, or a small CAFO without a CAFO permit issued by the Secretary 15
243	243	under section 1263 of this chapter. 16
244	244	(b) The Secretary may require the owner or operator of a large CAFO, 17
245	245	medium CAFO, or small CAFO to apply for a CAFO permit at any time. 18
246	246	(c) The Secretary may issue individual CAFO permits or general CAFO 19
247	247	permits for medium CAFOs or small CAFOs. The Secretary may only issue 20
248	248	individual CAFO permits for large CAFOs. 21 BILL AS INTRODUCED H.146
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253	253	(d) The Secretary may require the owner or operator of a medium CAFO or 1
254	254	a small CAFO covered by a general CAFO permit to apply for an individual 2
255	255	CAFO permit. 3
256	256	(e) CAFO permits for large CAFOs, medium CAFOs, and small CAFOs 4
257	257	shall satisfy the requirements of subsection 1263(d) of this title. In addition, 5
258	258	such CAFO permits shall: 6
259	259	(1) satisfy all requirements applicable to NPDES permits for CAFOs 7
260	260	under federal regulation, including requirements under 40 C.F.R. Parts 122 and 8
261	261	412 (2024); 9
262	262	(2) incorporate the following as terms and conditions: 10
263	263	(A) compliance with the RAPs; 11
264	264	(B) compliance with best management practices required by the 12
265	265	Secretary under section 1361 of this subchapter; 13
266	266	(C) the terms of a nutrient management plan that meets the minimum 14
267	267	requirements of section 1364 of this subchapter; and 15
268	268	(D) other terms or conditions that the Secretary considers necessary 16
269	269	to prevent agricultural waste from entering groundwater or waters of the State. 17
270	270	(f) CAFO permits for large CAFOs, medium CAFOs, and small CAFOs 18
271	271	and related application materials shall be public records. The Secretary shall 19
272	272	make CAFO permits for large CAFOs, medium CAFOs, and small CAFOs 20
273	273	available on the Agency’s website. The Secretary shall plot the location of any 21 BILL AS INTRODUCED H.146
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276	276
277	277	VT LEG #379219 v.1
278	278	large CAFO, medium CAFO, or small CAFO permitted under this section on 1
279	279	the Vermont Natural Resources Atlas or similar platform. 2
280	280	§ 1357. SMALL CONCENTRATED ANIMAL FEEDING OPERATIONS; 3
281	281	DESIGNATION 4
282	282	(a) The Secretary shall designate a small AFO as a small CAFO upon 5
283	283	determining that the small AFO is a significant contributor of pollutants to 6
284	284	waters of the State. 7
285	285	(b) The Secretary shall not find that a small AFO is a significant 8
286	286	contributor of pollutants to waters of the State unless: 9
287	287	(1) the Secretary has conducted an on-site inspection of the small AFO; 10
288	288	and 11
289	289	(2)(A) the small AFO discharges into waters of the State through a 12
290	290	manmade ditch, drainage system, flushing system, or other manmade device; 13
291	291	or 14
292	292	(B) pollutants are discharged directly into waters of the State that 15
293	293	originate outside of the facility and pass over, across, or through the facility or 16
294	294	otherwise come into direct contact with the animals confined by the operation. 17
295	295	(c) The Secretary may determine that a small AFO is a significant 18
296	296	contributor of pollutants to waters of the State after considering the following 19
297	297	factors: 20 BILL AS INTRODUCED H.146
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302	302	(1) the size of the small AFO and the amount of agricultural waste 1
303	303	reaching waters of the State, groundwater, or drinking water; 2
304	304	(2) the location of the small AFO relative to waters of the State; 3
305	305	(3) the means of conveyance of agricultural waste to groundwater or 4
306	306	waters of the State; 5
307	307	(4) the slope, vegetation, rainfall, and other factors affecting the 6
308	308	likelihood or frequency of discharge of agricultural waste into waters of the 7
309	309	State or of contamination of groundwater or drinking water; 8
310	310	(5) the small CAFO’s record of compliance with requirements under 9
311	311	this subchapter; and 10
312	312	(6) other relevant factors as determined by the Secretary. 11
313	313	§ 1358. CONCENTRATED ANIMAL FEEDING OPERATION; ANIMAL 12
314	314	FEEDING OPERATION; RULES 13
315	315	(a) On July 1, 2027, the Secretary is transferred authority to administer and 14
316	316	enforce the water quality requirements of the Large Farm Operation Rules 15
317	317	(Large Farm Rules) and the Medium and Small Farm Operation Rules for 16
318	318	Issuance of General and Individual Permits (Medium Farm Rules) of the 17
319	319	Agency of Agriculture, Food and Markets, as those rules existed on July 1, 18
320	320	2027. 19 BILL AS INTRODUCED H.146
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323	323
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325	325	(b) The Secretary may amend, repeal, or replace the Large Farm Rules and 1
326	326	Medium Farm Rules at any time in accordance with the requirements of 2
327	327	3 V.S.A. chapter 25. 3
328	328	(c) Not later than January 1, 2029, the Secretary shall replace the Large 4
329	329	Farm Rules and Medium Farm Rules pursuant to subsection (d) of this section. 5
330	330	(d) The Secretary, in consultation with the Secretary of Agriculture, Food 6
331	331	and Markets, shall adopt rules pursuant to 3 V.S.A. chapter 25 to prevent 7
332	332	agricultural waste from CAFOs and AFOs from crossing property boundaries, 8
333	333	from entering drinking water, and from entering the groundwater and waters of 9
334	334	the State. Such rules may address the following: 10
335	335	(1) program administration, enforcement, and appeals; 11
336	336	(2) management of agricultural waste; 12
337	337	(3) setbacks, standards, and siting criteria for expansion or new 13
338	338	construction; 14
339	339	(4) prevention of trespass and public nuisance; and 15
340	340	(5) other matters the Secretary considers necessary. 16
341	341	(e) The Secretary shall establish a process under which the Agency shall 17
342	342	receive, investigate, and respond to a complaint that a CAFO or an AFO has 18
343	343	allowed agricultural waste to cross property boundaries, to enter drinking 19
344	344	water, or to enter the groundwater or waters of the State. 20 BILL AS INTRODUCED H.146
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347	347
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349	349	§ 1359. SMALL FARM CERTIFICATION 1
350	350	(a) A person who owns or operates a small farm shall submit to the 2
351	351	Secretary a form certifying whether or not the small farm complies with the 3
352	352	RAPs on or before January 1, 2027 and every three years thereafter. 4
353	353	(b) The Secretary may require any person who owns or operates a farm to 5
354	354	obtain a permit or submit a small farm certification under this chapter if the 6
355	355	person is not required to obtain a permit or submit a certification under this 7
356	356	chapter and the Secretary determines that the farm poses a threat of discharge 8
357	357	to waters of the State or a threat of contamination to groundwater or drinking 9
358	358	water. 10
359	359	(c) The Secretary may waive a permit or small farm certification required 11
360	360	under subsection (b) of this section upon a determination that the farm no 12
361	361	longer poses a threat of discharge to waters of the State or a threat of 13
362	362	contamination to groundwater or drinking water. 14
363	363	(d) A person who owns or leases a small farm shall notify the Secretary of 15
364	364	a change of ownership or change of lessee of a small farm within 30 days 16
365	365	following the change. The notification shall include the certification of small 17
366	366	farm compliance required under subsection (a) of this section. 18
367	367	(e)(1) During an inspection of a small farm, the Secretary shall identify 19
368	368	areas where the farm could benefit from capital, structural, or technical 20 BILL AS INTRODUCED H.146
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371	371
372	372	VT LEG #379219 v.1
373	373	assistance in order to improve or come into compliance with RAPs and any 1
374	374	applicable permit, certification, or requirement under this chapter. 2
375	375	(2) The Secretary annually shall establish a priority ranking system for 3
376	376	small farms according to the water quality benefit associated with the capital, 4
377	377	structural, or technical improvements identified as needed by the Secretary 5
378	378	during an inspection of the farm. The Secretary shall submit the list of priority 6
379	379	projects to the Secretary of Agriculture, Food and Markets to inform awards of 7
380	380	financial assistance under 6 V.S.A. chapter 215. 8
381	381	§ 1360. REQUIRED AGRICULTURAL PRACTICES RULE 9
382	382	(a) On July 1, 2027, the Secretary is transferred authority to administer and 10
383	383	enforce the Required Agricultural Practices Rule for the Agricultural Nonpoint 11
384	384	Source Pollution Control Program of the Agency of Agriculture, Food and 12
385	385	Markets, as those rules existed on July 1, 2027. 13
386	386	(b) The Secretary may amend, repeal, or replace the rules transferred under 14
387	387	subsection (a) of this section at any time in accordance with the requirements 15
388	388	of 3 V.S.A. chapter 25. 16
389	389	(c) Not later than January 1, 2029, the Secretary shall replace the rules 17
390	390	transferred under subsection (a) of this section pursuant to subsection (d) of 18
391	391	this section. 19
392	392	(d) The Secretary, in consultation with the Secretary of Agriculture, Food 20
393	393	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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395	395
396	396
397	397	VT LEG #379219 v.1
398	398	RAPs shall be management standards to be followed by all persons engaged in 1
399	399	farming. These management standards shall address agricultural activities and 2
400	400	conditions that have the potential to cause agricultural waste to enter the 3
401	401	groundwater, drinking water, and waters of the State. The RAPs shall be 4
402	402	designed to protect water quality and shall be practical, as determined by the 5
403	403	Secretary. In addition, the RAPs shall meet the following conditions: 6
404	404	(1) The RAPs shall ensure that practices on all farms eliminate adverse 7
405	405	impacts to groundwater, drinking water, and waters of the State. 8
406	406	(2) The RAPs shall require any CAFO, AFO, or small farm to 9
407	407	implement a field-by-field nutrient management plan that meets the 10
408	408	requirements of section 1364 of this subchapter. 11
409	409	(3)(A) Except as authorized under subdivision (C) of this subdivision 12
410	410	(3), the RAPs shall prohibit a farm from stacking or piling manure, storing 13
411	411	fertilizer, or storing other nutrients on the farm: 14
412	412	(i) in a manner and location that presents a threat of discharge to a 15
413	413	water of the State or presents a threat of contamination to groundwater or 16
414	414	drinking water; or 17
415	415	(ii) on lands in a floodway or otherwise subject to annual flooding. 18
416	416	(B) Except as authorized under subdivision (C) of this subdivision 19
417	417	(3), the RAPs shall prohibit manure stacking or piling sites, fertilizer storage, 20 BILL AS INTRODUCED H.146
418	418	2025 Page 18 of 68
419	419
420	420
421	421	VT LEG #379219 v.1
422	422	or other nutrient storage located within 200 feet of a private well or within 200 1
423	423	feet of a water of the State. 2
424	424	(C) The Secretary may authorize one or more of the following: 3
425	425	(i) siting of manure stacking or piling sites, fertilizer storage, or 4
426	426	other nutrient storage within 200 feet, but not less than 100 feet, of a private 5
427	427	well or surface water if the Secretary determines that the site is the best 6
428	428	available site on the farm for the purposes of protecting groundwater quality, 7
429	429	drinking water quality, or surface water quality; and 8
430	430	(ii) siting of a waste storage facility within 200 feet of a surface 9
431	431	water or private well if the site is the best available site on the farm for the 10
432	432	purposes of protecting groundwater quality, drinking water quality, or surface 11
433	433	water quality and the waste storage facility is designed by a licensed engineer 12
434	434	to meet the requirements of section 1368 of this subchapter. 13
435	435	(4) The RAPs shall require the construction and management of 14
436	436	barnyards, waste management systems, animal holding areas, and production 15
437	437	areas in a manner to prevent runoff of waste to a surface water, the runoff of 16
438	438	waste across property boundaries, or the contamination of groundwater or 17
439	439	drinking water. 18
440	440	(5) The RAPs shall require cropland on a farm to be cultivated in a 19
441	441	manner that results in an average soil loss of less than or equal to the soil loss 20
442	442	tolerance for the prevalent soil, known as 1T, as calculated through application 21 BILL AS INTRODUCED H.146
443	443	2025 Page 19 of 68
444	444
445	445
446	446	VT LEG #379219 v.1
447	447	of the Revised Universal Soil Loss Equation or through the application of 1
448	448	similarly accepted models. 2
449	449	(6)(A) The RAPs shall require a farm to comply with standards 3
450	450	established by the Secretary for maintaining a vegetative buffer zone of 4
451	451	perennial vegetation between annual croplands and the top of the bank of an 5
452	452	adjoining water of the State. At a minimum the vegetative buffer standards 6
453	453	established by the Secretary shall prohibit the application of manure on the 7
454	454	farm within 25 feet of the top of the bank of an adjoining water of the State or 8
455	455	within 10 feet of a ditch that is not a surface water under State law and that is 9
456	456	not a water of the United States under federal law. 10
457	457	(B) The RAPs shall establish standards for site-specific vegetative 11
458	458	buffers that adequately address water quality needs based on consideration of 12
459	459	soil type, slope, crop type, proximity to water, and other relevant factors. 13
460	460	(7) The RAPs shall regulate, in a manner consistent with the Agency’s 14
461	461	flood hazard area and river corridor rules, the construction or siting of a farm 15
462	462	structure or the storage of manure, fertilizer, or pesticides within a river 16
463	463	corridor designated by the Secretary. 17
464	464	(8) The RAPs shall establish standards for the exclusion of livestock 18
465	465	from the waters of the State to prevent erosion and adverse water quality 19
466	466	impacts. 20 BILL AS INTRODUCED H.146
467	467	2025 Page 20 of 68
468	468
469	469
470	470	VT LEG #379219 v.1
471	471	(9) The RAPs shall establish standards for soil conservation practices 1
472	472	such as cover cropping. 2
473	473	(10) The RAPs shall allow for alternative techniques or practices, 3
474	474	approved by the Secretary, for compliance by an owner or operator of a farm 4
475	475	when the owner or operator cannot comply with the requirements of the RAPs 5
476	476	due to site-specific conditions. Approved alternative techniques or practices 6
477	477	shall meet State requirements to reduce adverse impacts to water quality. 7
478	478	(11) The RAPs shall include requirements for reducing the discharge of 8
479	479	agricultural waste to waters of the State from subsurface tile drainage on farms, 9
480	480	including requirements related to the installation of subsurface tile drainage on 10
481	481	farms. The Secretary may require an existing subsurface tile drain to comply 11
482	482	with the requirements of the RAPs for subsurface tile drainage upon a 12
483	483	determination that compliance is necessary to reduce adverse impacts to water 13
484	484	quality from the subsurface tile drainage. The RAPs shall require the owner or 14
485	485	operator of an AFO or CAFO to report the installation of new subsurface tile 15
486	486	drainage, including plans and maps, to the Secretary. 16
487	487	(12) The RAPs shall include requirements for activities occurring in 17
488	488	areas that are excluded from regulation by the Agency of Natural Resources or 18
489	489	are allowed uses under section 902 of this title because the area is used to grow 19
490	490	food or crops in connection with farming activities. 20 BILL AS INTRODUCED H.146
491	491	2025 Page 21 of 68
492	492
493	493
494	494	VT LEG #379219 v.1
495	495	(13) The RAPs shall include a process under which the Agency shall 1
496	496	receive, investigate, and respond to a complaint that a farm has contaminated 2
497	497	the drinking water or groundwater of a property owner. 3
498	498	(14) The RAPs shall authorize a farmer to petition the Secretary to 4
499	499	reduce the size of a perennial buffer or change the perennial buffer type based 5
500	500	on site-specific conditions. 6
501	501	(e) Compliance with the RAPS shall not entitle a farm to a presumption 7
502	502	that the farm does not discharge. 8
503	503	§ 1361. BEST MANAGEMENT PRACTIC ES 9
504	504	(a) The Secretary of Natural Resources may require any person engaged in 10
505	505	farming to implement a best management practice to prevent agricultural waste 11
506	506	from entering groundwater or waters of the State. 12
507	507	(b) Where the Secretary determines, after inspection of a farm, that a 13
508	508	person engaged in farming is complying with requirements under this 14
509	509	subchapter, including the RAPs, but there still exists the potential for 15
510	510	agricultural waste to enter groundwater or waters of the State, the Secretary 16
511	511	shall require the person to implement best management practices. 17
512	512	(c) When requiring a best management practice, the Secretary shall inform 18
513	513	a farmer of financial resources available from State or federal sources, private 19
514	514	foundations, public charities, or other sources to assist the person in 20 BILL AS INTRODUCED H.146
515	515	2025 Page 22 of 68
516	516
517	517
518	518	VT LEG #379219 v.1
519	519	implementing best management practices and complying with the requirements 1
520	520	of this subchapter. 2
521	521	§ 1362. SEASONAL APPLICATION OF MANURE 3
522	522	(a) A person shall not apply manure to land in the State between December 4
523	523	15 and April 1 of any calendar year unless authorized under this section. 5
524	524	(b) The Secretary may by rule adopt or amend a process under which the 6
525	525	Secretary may prohibit the application of manure to land in the State between 7
526	526	December 1 and December 15 and between April 1 and April 30 of any 8
527	527	calendar year when the Secretary determines that due to weather conditions, 9
528	528	soil conditions, or other limitations, application of manure to land would pose 10
529	529	a significant potential of discharge or runoff to a State water. 11
530	530	(c) The Secretary may by rule adopt or amend a process under which the 12
531	531	Secretary may authorize an exemption to the prohibition on the application of 13
532	532	manure to land in the State between December 15 and April 1 of any calendar 14
533	533	year or during any period established under subsection (b) of this section when 15
534	534	manure is prohibited from application. Any process established for the 16
535	535	issuance of an exemption may authorize land application of manure on a 17
536	536	weekly, monthly, or seasonal basis on authorized farms or fields in the State, 18
537	537	provided that any exemption shall: 19
538	538	(1) prohibit application of manure: 20 BILL AS INTRODUCED H.146
539	539	2025 Page 23 of 68
540	540
541	541
542	542	VT LEG #379219 v.1
543	543	(A) in areas with established channels of concentrated stormwater 1
544	544	runoff to surface waters, including ditches and ravines; 2
545	545	(B) in nonharvested permanent vegetative buffers; 3
546	546	(C) in a nonfarmed wetland, as that term is defined in section 902 of 4
547	547	this title; 5
548	548	(D) within 50 feet of a potable water supply, as that term is defined in 6
549	549	section 1972 of this title; 7
550	550	(E) to fields exceeding tolerable soil loss; and 8
551	551	(F) to saturated soils; 9
552	552	(2) establish requirements for the application of manure when frozen or 10
553	553	snow-covered soils prevent effective incorporation at the time of application; 11
554	554	(3) require manure to be applied according to a nutrient management 12
555	555	plan that complies with section 1364 of this subchapter; and 13
556	556	(4) establish the maximum tons of manure that may be applied per acre 14
557	557	during any one application. 15
558	558	§ 1363. AGRICULTURAL WATER QUALITY TRAINING 16
559	559	(a) The owners or operators of a CAFO, AFO, or small farm shall obtain 17
560	560	water quality training as approved by the Secretary. Training shall provide 18
561	561	information regarding: 19
562	562	(1) the prevention of discharges to waters of the State; 20
563	563	(2) the prevention of contamination of groundwater and drinking water; 21 BILL AS INTRODUCED H.146
564	564	2025 Page 24 of 68
565	565
566	566
567	567	VT LEG #379219 v.1
568	568	(3) the mitigation and management of stormwater runoff from farms; 1
569	569	(4) statutory and regulatory requirements for the operation of a CAFO, 2
570	570	AFO, or small farm; 3
571	571	(5) financial resources available to assist in compliance with statutory or 4
572	572	regulatory compliance; 5
573	573	(6) weather and soil conditions that increase the risk that agricultural 6
574	574	waste will enter groundwater, drinking water, or waters of the State; 7
575	575	(7) the management of subsurface tile drainage to prevent the discharge 8
576	576	of agricultural waste to waters of the State; and 9
577	577	(8) standards for nutrient management, including nutrient management 10
578	578	planning. 11
579	579	(b) The owner or operator of a CAFO, AFO, or small farm shall obtain 12
580	580	eight hours of approved training at least once every five years. 13
581	581	(c) The Secretary shall include the training required by this section as a 14
582	582	condition of any permit or certification required under this subchapter. 15
583	583	(d) The Secretary may approve training offered by other entities upon 16
584	584	request of the entity providing the training. All requests for approval to train 17
585	585	shall be provided to the Secretary at least 30 days prior to the scheduled 18
586	586	training dates. The entity will be required to submit information about the 19
587	587	training and attendees in a manner requested by the Secretary. 20 BILL AS INTRODUCED H.146
588	588	2025 Page 25 of 68
589	589
590	590
591	591	VT LEG #379219 v.1
592	592	§ 1364. NUTRIENT MANAGEMENT PLAN 1
593	593	(a) Nutrient management plans required under this subchapter shall, at a 2
594	594	minimum, be consistent with the requirements of Natural Resources 3
595	595	Conservation Service of the U.S. Department of Agriculture’s Nutrient 4
596	596	Management Practice Code 590 or other equivalent standards approved by the 5
597	597	Secretary. 6
598	598	(b) In addition to satisfying the requirements of subsection (a) of this 7
599	599	section, nutrient management plans for CAFOs required under this subchapter 8
600	600	shall, at a minimum: 9
601	601	(1) ensure adequate storage of manure, litter, and process wastewater, 10
602	602	including procedures to ensure proper operation and maintenance of the 11
603	603	storage facilities; 12
604	604	(2) ensure proper management of mortalities to ensure that they are not 13
605	605	disposed of in a liquid manure, storm water, or process wastewater storage or 14
606	606	treatment system that is not specifically designed to treat animal mortalities; 15
607	607	(3) ensure that clean water is diverted, as appropriate, from the 16
608	608	production area; 17
609	609	(4) prevent direct contact of confined animals with waters of the State; 18
610	610	(5) ensure that chemicals, pesticides, and other contaminants handled 19
611	611	on-site are not disposed of in any manure, litter, process wastewater, or storm 20 BILL AS INTRODUCED H.146
612	612	2025 Page 26 of 68
613	613
614	614
615	615	VT LEG #379219 v.1
616	616	water storage or treatment system unless specifically designed to treat such 1
617	617	chemicals and other contaminants; 2
618	618	(6) identify appropriate site-specific conservation practices to be 3
619	619	implemented, including as appropriate buffers or equivalent practices, to 4
620	620	control runoff of pollutants to waters of the State; 5
621	621	(7) identify appropriate site-specific practices to be implemented to 6
622	622	control discharges of pollutants from subsurface tile drainage to waters of the 7
623	623	State; 8
624	624	(8) identify protocols for appropriate testing of manure, litter, process 9
625	625	wastewater, and soil; 10
626	626	(9) establish protocols to land apply manure, litter or process wastewater 11
627	627	in accordance with site specific nutrient management practices that ensure 12
628	628	appropriate agricultural utilization of the nutrients in the manure, litter or 13
629	629	process wastewater; and 14
630	630	(10) identify specific records that will be maintained to document the 15
631	631	implementation and management of the minimum elements described in 16
632	632	subdivisions (1) through (9) of this subsection. 17
633	633	(c) The Secretary, in consultation with the Secretary of Agriculture, Food 18
634	634	and Markets, may adopt by rule additional nutrient management planning 19
635	635	requirements in order to protect groundwater and waters of the State. 20 BILL AS INTRODUCED H.146
636	636	2025 Page 27 of 68
637	637
638	638
639	639	VT LEG #379219 v.1
640	640	§ 1365. CERTIFICATION OF CUSTOM APPLICATORS 1
641	641	(a) Custom applicators of manure or other agricultural waste shall be 2
642	642	certified by the Secretary in order to operate within the State and shall comply 3
643	643	with all applicable statutory and regulatory requirements under this subchapter. 4
644	644	(b) Custom applicators shall demonstrate knowledge of the RAPs, rules 5
645	645	and permit requirements for CAFOs, rules for AFOs, and rules and 6
646	646	requirements related to nutrient management plan implementation. 7
647	647	(c) Custom applicators shall demonstrate competency in methods and 8
648	648	techniques used to minimize runoff from application sites, identification of 9
649	649	weather or soil conditions that may increase risk of field runoff, record 10
650	650	keeping, and other information deemed pertinent by the Secretary. 11
651	651	(d) Certified custom applicators shall train all employees and seasonal 12
652	652	workers in methods or techniques to minimize runoff to surface water, 13
653	653	identification of weather or soil conditions that may increase the risk of runoff, 14
654	654	the RAPs, rules and permit requirements for CAFOs, rules for AFOs, rules and 15
655	655	requirements related to nutrient management plans and nutrient management 16
656	656	plan implementation, and standards and restrictions for the application of 17
657	657	manure or other agricultural wastes. Records of training shall be maintained in 18
658	658	a manner prescribed by the Secretary. 19
659	659	(e) Certification shall be valid for five years from the date of issuance and 20
660	660	shall be renewable annually on a form and in a manner prescribed by the 21 BILL AS INTRODUCED H.146
661	661	2025 Page 28 of 68
662	662
663	663
664	664	VT LEG #379219 v.1
665	665	Secretary. Certified custom applicators shall complete eight hours of training 1
666	666	in each five-year period of certification. Completion of five-year training 2
667	667	requirements will serve as meeting the requirements for recertification. 3
668	668	(f) Certified custom applicators shall maintain records of the amount of 4
669	669	manure or agricultural waste applied by farm and field for a period of five 5
670	670	years and provide those records to the Agency upon reasonable request. 6
671	671	§ 1366. CERTIFICATION OF NUTRIENT MANAGEMENT PLAN 7
672	672	TECHNICAL SERVICE PROVIDERS 8
673	673	(a) Nutrient management plan technical service providers shall be certified 9
674	674	by the Secretary in order to operate within the State. 10
675	675	(b) Nutrient management plan technical service providers shall demonstrate 11
676	676	knowledge and competence related to the preparation and implementation of 12
677	677	nutrient management plans, including the following: 13
678	678	(1) calculating manure and agricultural waste generation; 14
679	679	(2) taking soil and manure samples; 15
680	680	(3) identifying and creating maps of all natural resource features; 16
681	681	(4) use of erosion calculation tools; 17
682	682	(5) reconciling plans using records; 18
683	683	(6) use of nutrient index tools; 19
684	684	(7) accounting for subsurface tile drainage; and 20
685	685	(8) requirements of this chapter and the federal Clean Water Act. 21 BILL AS INTRODUCED H.146
686	686	2025 Page 29 of 68
687	687
688	688
689	689	VT LEG #379219 v.1
690	690	(c) Certification shall be valid for five years from the date of issuance and 1
691	691	shall be renewable annually on a form and in a manner prescribed by the 2
692	692	Secretary. Certified nutrient management plan technical service providers 3
693	693	shall complete eight hours of training in each five-year period of certification. 4
694	694	Completion of five-year training requirements will serve as meeting the 5
695	695	requirements for recertification. 6
696	696	§ 1367. BASIN MANAGEMENT; APPEALS TO THE ENVIRONMENTAL 7
697	697	DIVISION 8
698	698	(a) Any person with an interest in the agricultural component of the basin 9
699	699	planning process may petition the Secretary to require, and the Secretary, in 10
700	700	consultation with the Secretary of Agriculture, Food and Markets, may require 11
701	701	by rule, best management practices in the individual basin in order to achieve 12
702	702	compliance with the water quality goals in section 1250 of this chapter and any 13
703	703	duly adopted basin plan. The Secretary shall hold a public hearing within 60 14
704	704	days and shall issue a timely written decision that sets forth the facts and 15
705	705	reasons supporting the decision. 16
706	706	(b) Any person engaged in farming that has been required by the Secretary 17
707	707	to implement best management or any person who has petitioned the Secretary 18
708	708	under subsection (a) of this section may appeal the Secretary’s decision to the 19
709	709	Environmental Division de novo. 20 BILL AS INTRODUCED H.146
710	710	2025 Page 30 of 68
711	711
712	712
713	713	VT LEG #379219 v.1
714	714	§ 1368. WASTE STORAGE FACILITY 1
715	715	(a) No person shall construct a new waste storage facility or expand or 2
716	716	modify a waste storage facility unless the facility meets the standard 3
717	717	established for such facilities by the Natural Resources Conservation Service 4
718	718	of the U.S. Department of Agriculture or an equivalent standard. If an 5
719	719	equivalent design standard is used, the design and construction shall be 6
720	720	certified by the Secretary or a licensed professional engineer operating within 7
721	721	the scope of the engineer’s expertise. 8
722	722	(b) The Secretary may require the owner or operator of a waste storage 9
723	723	facility to modify the facility to meet the standard set forth in subsection (a) of 10
724	724	this section if the facility poses a threat to human health or the environment. If 11
725	725	the Secretary determines that a facility that meets the standard set forth in 12
726	726	subsection (a) of this section poses a threat to human health or the 13
727	727	environment, the Secretary may require the owner or operator of the facility to 14
728	728	implement additional management measures. 15
729	729	(c) If the Secretary suspects that a waste storage facility may be 16
730	730	contaminating groundwater, the Secretary shall pay the costs of any initial 17
731	731	groundwater monitoring to determine whether a facility poses a threat to 18
732	732	human health or the environment. 19 BILL AS INTRODUCED H.146
733	733	2025 Page 31 of 68
734	734
735	735
736	736	VT LEG #379219 v.1
737	737	§ 1369. MANAGEMENT OF NON -SEWAGE WASTE 1
738	738	(a) The Secretary may require a person transporting or arranging for the 2
739	739	transport of non-sewage waste to a farm for deposit in a manure pit or for use 3
740	740	as an input in a methane digester to obtain approval from the Secretary prior to 4
741	741	transporting the non-sewage waste to the farm. The Secretary may require a 5
742	742	person to report to the Secretary at a designated time one or more of the 6
743	743	following: 7
744	744	(1) the composition of the material transported to the farm, including the 8
745	745	source of the material; and 9
746	746	(2) the volume of the material transported to a farm. 10
747	747	(b) After receipt of a report required under subsection (a) of this section, 11
748	748	the Secretary may prohibit the import of non-sewage waste onto a farm upon a 12
749	749	determination that the import of the material would violate the nutrient 13
750	750	management plan for the farm or otherwise present a threat to water quality. 14
751	751	Sec. 2. 10 V.S.A. § 1259 is amended to read: 15
752	752	§ 1259. PROHIBITIONS 16
753	753	(a) No person shall discharge any waste, substance, or material into waters 17
754	754	of the State, nor shall any person discharge any waste, substance, or material 18
755	755	into an injection well or discharge into a publicly owned treatment works any 19
756	756	waste that interferes with, passes through without treatment, or is otherwise 20
757	757	incompatible with those works or would have a substantial adverse effect on 21 BILL AS INTRODUCED H.146
758	758	2025 Page 32 of 68
759	759
760	760
761	761	VT LEG #379219 v.1
762	762	those works or on water quality, without first obtaining a permit for that 1
763	763	discharge from the Secretary. This subsection shall not prohibit the proper 2
764	764	application of fertilizer to fields and crops, nor reduce or affect the authority or 3
765	765	policy declared in Joint House Resolution 7 of the 1971 Session of the General 4
766	766	Assembly. 5
767	767	* * * 6
768	768	(f) The provisions of subsections (c), (d), and (e) of this section shall not 7
769	769	regulate required agricultural practices, as adopted by rule by the Secretary of 8
770	770	Agriculture, Food and Markets, or accepted silvicultural practices, as defined 9
771	771	by the Commissioner of Forests, Parks and Recreation, including practices 10
772	772	which that are in compliance with the Acceptable Management Practices for 11
773	773	Maintaining Water Quality on Logging Jobs in Vermont, as adopted by the 12
774	774	Commissioner of Forests, Parks and Recreation; nor shall these provisions 13
775	775	regulate discharges from concentrated animal feeding operations that require a 14
776	776	permit under section 1263 of this title; nor shall those provisions prohibit 15
777	777	stormwater runoff or the discharge of nonpolluting wastes, as defined by the 16
778	778	Secretary. 17
779	779	* * * 18
780	780	(i) The Secretary of Natural Resources, to the extent compatible with 19
781	781	federal requirements, shall delegate to the Secretary of Agriculture, Food and 20
782	782	Markets the State agricultural non-point source pollution control program 21 BILL AS INTRODUCED H.146
783	783	2025 Page 33 of 68
784	784
785	785
786	786	VT LEG #379219 v.1
787	787	planning, implementation, and regulation. A memorandum of understanding 1
788	788	shall be adopted for this purpose, which shall address implementation grants, 2
789	789	the distribution of federal program assistance, and the development of land use 3
790	790	performance standards. Prior to executing the memorandum, the Secretary of 4
791	791	State shall arrange for two formal publications of information relating to the 5
792	792	proposed memorandum. The information shall consist of a summary of the 6
793	793	proposal; the name, telephone number, and address of a person able to answer 7
794	794	questions and receive comments on the proposal; and the deadline for 8
795	795	receiving comments. Publication shall be subject to the provisions of 3 V.S.A. 9
796	796	§ 839(d), (e), and (g), relating to the publication of administrative rules. The 10
797	797	proposed memorandum of understanding shall be available for 30 days after 11
798	798	the final date of publication for public review and comment prior to being 12
799	799	executed by the Secretary of Natural Resources and the Secretary of 13
800	800	Agriculture, Food and Markets. The Secretary of Natural Resources and the 14
801	801	Secretary of Agriculture, Food and Markets annually shall review the 15
802	802	memorandum of understanding to ensure compliance with the requirements of 16
803	803	the Clean Water Act and the provisions of section 1258 of this title. If the 17
804	804	memorandum is substantially revised, it first shall be noticed in the same 18
805	805	manner that applies to the initial memorandum. Actions by the Secretary of 19
806	806	Agriculture, Food and Markets under this section shall be consistent with the 20 BILL AS INTRODUCED H.146
807	807	2025 Page 34 of 68
808	808
809	809
810	810	VT LEG #379219 v.1
811	811	water quality standards and water pollution control requirements of chapter 47 1
812	812	of this title and the federal Clean Water Act as amended. [Repealed.] 2
813	813	* * * 3
814	814	Sec. 3. 10 V.S.A. § 1263 is amended to read: 4
815	815	§ 1263. DISCHARGE PERMITS 5
816	816	* * * 6
817	817	(g) Notwithstanding any other provision of law, any person who owns or 7
818	818	operates a concentrated animal feeding operation that requires a permit under 8
819	819	the federal National Pollutant Discharge Elimination System permit 9
820	820	regulations shall submit an application to the Secretary for a discharge permit 10
821	821	and pay the required fees specified in 3 V.S.A. § 2822. On or before July 1, 11
822	822	2007, the Secretary of Natural Resources shall adopt rules implementing the 12
823	823	federal National Pollutant Discharge Elimination System permit regulations for 13
824	824	discharges from concentrated animal feeding operations. Until such 14
825	825	regulations are adopted, the substantive permitting standards and criteria used 15
826	826	by the Secretary to evaluate applications and issue or deny discharge permits 16
827	827	for concentrated animal feeding operations shall be those specified by federal 17
828	828	regulations. The Secretary may issue an individual or general permit for these 18
829	829	types of discharges in accordance with the procedural requirements of 19
830	830	subsection (b) of this section and other State law. For the purposes of this 20 BILL AS INTRODUCED H.146
831	831	2025 Page 35 of 68
832	832
833	833
834	834	VT LEG #379219 v.1
835	835	subsection, “concentrated animal feeding operation” means a farm that meets 1
836	836	the definition contained in the federal regulations. [Repealed.] 2
837	837	Sec. 4. 10 V.S.A. § 1264(d) is amended to read: 3
838	838	(d) Exemptions. 4
839	839	(1) No permit is required under this section for: 5
840	840	(A) Stormwater runoff from farms in compliance with agricultural 6
841	841	practices adopted by the Secretary of Agriculture, Food and Markets the 7
842	842	agricultural water quality requirements of subchapter 3A of this chapter, 8
843	843	provided that this exemption shall not apply to construction stormwater 9
844	844	permits required by subdivision (c)(4) of this section. 10
845	845	(B) Stormwater runoff from concentrated animal feeding operations 11
846	846	permitted under subsection 1263(g) of this chapter. 12
847	847	(C) Stormwater runoff from accepted silvicultural practices, as 13
848	848	defined by the Commissioner of Forests, Parks and Recreation, including 14
849	849	practices that are in compliance with the Acceptable Management Practices for 15
850	850	Maintaining Water Quality on Logging Jobs in Vermont, as adopted by the 16
851	851	Commissioner of Forests, Parks and Recreation. 17
852	852	(D) Stormwater runoff permitted under section 1263 of this title. 18
853	853	* * * 19 BILL AS INTRODUCED H.146
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855	855
856	856
857	857	VT LEG #379219 v.1
858	858	Sec. 5. 10 V.S.A. § 8003(d) is amended to read: 1
859	859	(d) Upon the request of the Secretary of Agriculture, Food and Markets, the 2
860	860	Secretary may take action under this chapter to enforce the agricultural water 3
861	861	quality requirements of, rules adopted under, and permits and certifications 4
862	862	issued under 6 V.S.A. chapter 215. The Secretary of Natural Resources and 5
863	863	the Secretary of Agriculture, Food and Markets shall enter into a memorandum 6
864	864	of understanding to implement this subsection. [Repealed.] 7
865	865	* * * Agency of Agriculture, Food and Markets; Repeal of Regulatory 8
866	866	Authority over Agricultural Water Quality * * * 9
867	867	Sec. 6. 6 V.S.A. chapter 215, subchapters 1–3 are amended to read: 10
868	868	Subchapter 1. General Provisions 11
869	869	§ 4801. PURPOSE; STATE POLICY 12
870	870	It is the purpose of this chapter to ensure that agricultural animal wastes do 13
871	871	not enter the waters of this State. Therefore, it is State policy that: 14
872	872	(1) All farms meet certain standards in the handling and disposal of 15
873	873	animal agricultural wastes, as provided by this chapter, and the cost of meeting 16
874	874	these standards shall not be borne by farmers only but rather by all members of 17
875	875	society, who are in fact the beneficiaries 10 V.S.A. chapter 47, subchapter 3A. 18
876	876	Accordingly, State and federal funds shall be made available to farms, 19
877	877	regardless of size, to defray the major cost of complying with the requirements 20
878	878	of this chapter. State and federal conservation programs to assist farmers 21 BILL AS INTRODUCED H.146
879	879	2025 Page 37 of 68
880	880
881	881
882	882	VT LEG #379219 v.1
883	883	should be directed to those farms that need to improve their infrastructure to 1
884	884	prohibit direct discharges or bring existing water pollution control structures 2
885	885	into compliance with U.S. Department of Agriculture (U.S.D.A.) Natural 3
886	886	Resources Conservation Service standards. Additional resources should be 4
887	887	directed to education and technical assistance for farmers to improve the 5
888	888	management of agricultural wastes and protect water quality. 6
889	889	* * * 7
890	890	Subchapter 2. Water Quality; Required Agricultural Practices and Best 8
891	891	Management Practices Education and Technical Assistance 9
892	892	§ 4810. AUTHORITY; COOPERATION; COORDINATION 10
893	893	(a) Agricultural land use practices. In accordance with 10 V.S.A. § 11
894	894	1259(i), the Secretary shall adopt by rule, pursuant to 3 V.S.A. chapter 25, and 12
895	895	shall implement and enforce agricultural land use practices in order to satisfy 13
896	896	the requirements of 33 U.S.C. § 1329 that the State identify and implement 14
897	897	best management practices to control nonpoint sources of agricultural waste to 15
898	898	waters of the State. These agricultural land use practices shall be created in 16
899	899	two categories, pursuant to subsections (b) and (c) of this section. 17
900	900	(b) Required Agricultural Practices. Required Agricultural Practices 18
901	901	(RAPs) shall be management standards to be followed by all persons engaged 19
902	902	in farming in this State. These standards shall address activities that have a 20
903	903	potential for causing agricultural pollutants to enter the groundwater and 21 BILL AS INTRODUCED H.146
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905	905
906	906
907	907	VT LEG #379219 v.1
908	908	waters of the State, including dairy and other livestock operations plus all 1
909	909	forms of crop and nursery operations and on-farm or agricultural fairground, 2
910	910	registered pursuant to 20 V.S.A. § 3902, livestock and poultry slaughter and 3
911	911	processing activities. The RAPs shall include, as well as promote and 4
912	912	encourage, practices for farmers in preventing agricultural pollutants from 5
913	913	entering the groundwater and waters of the State when engaged in animal 6
914	914	waste management and disposal, soil amendment applications, plant 7
915	915	fertilization, and pest and weed control. Persons engaged in farming who are 8
916	916	in compliance with these practices shall be presumed to not have a discharge of 9
917	917	agricultural pollutants to waters of the State. RAPs shall be designed to protect 10
918	918	water quality and shall be practical and cost-effective to implement, as 11
919	919	determined by the Secretary. Where the Secretary determines, after inspection 12
920	920	of a farm, that a person engaged in farming is complying with the RAPs but 13
921	921	there still exists the potential for agricultural pollutants to enter the waters of 14
922	922	the State, the Secretary shall require the person to implement additional, site-15
923	923	specific on-farm conservation practices designed to prevent agricultural 16
924	924	pollutants from entering the waters of the State. When requiring 17
925	925	implementation of a conservation practice under this subsection, the Secretary 18
926	926	shall inform the person engaged in farming of the resources available to assist 19
927	927	the person in implementing the conservation practice and complying with the 20
928	928	requirements of this chapter. The RAPs for groundwater shall include a 21 BILL AS INTRODUCED H.146
929	929	2025 Page 39 of 68
930	930
931	931
932	932	VT LEG #379219 v.1
933	933	process under which the Agency shall receive, investigate, and respond to a 1
934	934	complaint that a farm has contaminated the drinking water or groundwater of a 2
935	935	property owner. A farmer may petition the Secretary to reduce the size of a 3
936	936	perennial buffer or change the perennial buffer type based on site-specific 4
937	937	conditions. 5
938	938	(c) Best management practices. Best management practices (BMPs) are 6
939	939	site-specific on-farm conservation practices implemented in order to address 7
940	940	the potential for agricultural pollutants to enter the waters of the State. The 8
941	941	Secretary may require any person engaged in farming to implement a BMP. 9
942	942	When requiring implementation of a BMP, the Secretary shall inform a farmer 10
943	943	of financial resources available from State or federal sources, private 11
944	944	foundations, public charities, or other sources, including funding from the 12
945	945	Clean Water Fund established under 10 V.S.A. § 1388, to assist the person in 13
946	946	implementing BMPs and complying with the requirements of this chapter. 14
947	947	BMPs shall be practical and cost effective to implement, as determined by the 15
948	948	Secretary, and shall be designed to achieve compliance with the requirements 16
949	949	of this chapter. The Secretary may require soil monitoring or innovative 17
950	950	manure management as a BMP under this subsection. Soil monitoring or 18
951	951	innovative manure management implemented as a BMP shall be eligible for 19
952	952	State assistance under the Clean Water Fund established under 10 V.S.A. 20
953	953	chapter 47, subchapter 7. If a perennial buffer of trees or other woody 21 BILL AS INTRODUCED H.146
954	954	2025 Page 40 of 68
955	955
956	956
957	957	VT LEG #379219 v.1
958	958	vegetation is required as a BMP, the Secretary shall pay the farmer for a first 1
959	959	priority easement on the land on which the buffer is located. 2
960	960	(d) Cooperation and coordination. The Secretary of Agriculture, Food and 3
961	961	Markets shall coordinate with the Secretary of Natural Resources in 4
962	962	implementing and enforcing programs, plans, and practices developed for 5
963	963	reducing and eliminating agricultural nonpoint source pollutants and 6
964	964	discharges from concentrated animal feeding operations. On or before July 1, 7
965	965	2016, the Secretary of Agriculture, Food and Markets and the Secretary of 8
966	966	Natural Resources shall revise the memorandum of understanding for the 9
967	967	nonpoint program describing program administration, grant negotiation, grant 10
968	968	sharing, and how they will coordinate watershed planning activities to comply 11
969	969	with Pub. L. No. 92-500. The memorandum of understanding shall describe 12
970	970	how the agencies will implement the antidegradation implementation policy, 13
971	971	including how the agencies will apply the antidegradation implementation 14
972	972	policy to new sources of agricultural nonpoint source pollutants. The 15
973	973	Secretary of Agriculture, Food and Markets and the Secretary of Natural 16
974	974	Resources shall also develop a memorandum of understanding according to the 17
975	975	public notice and comment process of 10 V.S.A. § 1259(i) regarding the 18
976	976	implementation of the federal Concentrated Animal Feeding Operation 19
977	977	Program and the relationship between the requirements of the federal Program 20
978	978	and the State agricultural water quality requirements for large, medium, and 21 BILL AS INTRODUCED H.146
979	979	2025 Page 41 of 68
980	980
981	981
982	982	VT LEG #379219 v.1
983	983	small farms under this chapter. The memorandum of understanding shall 1
984	984	describe Program administration, permit issuance, an appellate process, and 2
985	985	enforcement authority and implementation. The memorandum of 3
986	986	understanding shall be consistent with the federal National Pollutant Discharge 4
987	987	Elimination System permit regulations for discharges from concentrated 5
988	988	animal feeding operations. The allocation of duties under this chapter between 6
989	989	the Secretary of Agriculture, Food and Markets and the Secretary of Natural 7
990	990	Resources shall be consistent with the Secretary’s duties, established under the 8
991	991	provisions of 10 V.S.A. § 1258(b), to comply with Pub. L. No. 92-500. The 9
992	992	Secretary of Natural Resources shall be the State lead person in applying for 10
993	993	federal funds under Pub. L. No. 92-500 but shall consult with the Secretary of 11
994	994	Agriculture, Food and Markets during the process. The agricultural nonpoint 12
995	995	source program may compete with other programs for competitive watershed 13
996	996	projects funded from federal funds. The Secretary of Agriculture, Food and 14
997	997	Markets shall be represented in reviewing these projects for funding. Actions 15
998	998	by the Secretary of Agriculture, Food and Markets under this chapter 16
999	999	concerning agricultural nonpoint source pollution shall be consistent with the 17
1000	1000	water quality standards and water pollution control requirements of 10 V.S.A. 18
1001	1001	chapter 47 and the federal Clean Water Act as amended. In addition, the 19
1002	1002	Secretary of Agriculture, Food and Markets shall coordinate with the Secretary 20
1003	1003	of Natural Resources in implementing and enforcing programs, plans, and 21 BILL AS INTRODUCED H.146
1004	1004	2025 Page 42 of 68
1005	1005
1006	1006
1007	1007	VT LEG #379219 v.1
1008	1008	practices developed for the proper management of composting facilities when 1
1009	1009	those facilities are located on a farm. On or before January 15, 2016, the 2
1010	1010	Secretary of Agriculture, Food and Markets and the Secretary of Natural 3
1011	1011	Resources shall each develop three separate measures of the performance of 4
1012	1012	the agencies under the memorandum of understanding required by this 5
1013	1013	subsection. Beginning on January 15, 2017 and annually thereafter, the 6
1014	1014	Secretary of Agriculture, Food and Markets and the Secretary of Natural 7
1015	1015	Resources shall submit separate reports to the Senate Committee on 8
1016	1016	Agriculture, the House Committee on Agriculture, Food Resiliency, and 9
1017	1017	Forestry, the Senate Committee on Natural Resources and Energy, and the 10
1018	1018	House Committee on Environment and Energy regarding the success of each 11
1019	1019	agency in meeting the performance measures for the memorandum of 12
1020	1020	understanding. [Repealed.] 13
1021	1021	§ 4810a. REQUIRED AGRICULTURAL PRACTICES; REVISION 14
1022	1022	(a) The Secretary of Agriculture, Food and Markets shall maintain the 15
1023	1023	Required Agricultural Practices in order to improve water quality in the State, 16
1024	1024	ensure practices on all farms eliminate adverse impacts to water quality, and 17
1025	1025	implement the small farm certification program required by section 4871 of 18
1026	1026	this title. At a minimum, the Required Agricultural Practices shall: 19
1027	1027	(1) Specify those farms that: 20 BILL AS INTRODUCED H.146
1028	1028	2025 Page 43 of 68
1029	1029
1030	1030
1031	1031	VT LEG #379219 v.1
1032	1032	(A) are required to comply with the small farm certification 1
1033	1033	requirements under section 4871 of this title due to the potential impact of the 2
1034	1034	farm or type of farm on water quality as a result of livestock managed on the 3
1035	1035	farm, agricultural inputs used by the farm, or tillage practices on the farm; and 4
1036	1036	(B) shall be subject to the Required Agricultural Practices but shall 5
1037	1037	not be required to comply with small farm certification requirements under 6
1038	1038	section 4871 of this title. 7
1039	1039	(2)(A) Except as authorized under subdivision (C) of this subdivision 8
1040	1040	(2), prohibit a farm from stacking or piling manure, storing fertilizer, or storing 9
1041	1041	other nutrients on the farm: 10
1042	1042	(i) in a manner and location that presents a threat of discharge to a 11
1043	1043	water of the State or presents a threat of contamination to groundwater; or 12
1044	1044	(ii) on lands in a floodway or otherwise subject to annual flooding. 13
1045	1045	(B) Except as authorized under subdivision (C) of this subdivision 14
1046	1046	(2), manure stacking or piling sites, fertilizer storage, or other nutrient storage 15
1047	1047	shall not be located within 200 feet of a private well or within 200 feet of a 16
1048	1048	water of the State. 17
1049	1049	(C) The Secretary may authorize one or more of the following: 18
1050	1050	(i) siting of manure stacking or piling sites, fertilizer storage, or 19
1051	1051	other nutrient storage within 200 feet, but not less than 100 feet, of a private 20
1052	1052	well or surface water if the Secretary determines that the site is the best 21 BILL AS INTRODUCED H.146
1053	1053	2025 Page 44 of 68
1054	1054
1055	1055
1056	1056	VT LEG #379219 v.1
1057	1057	available site on the farm for the purposes of protecting groundwater quality or 1
1058	1058	surface water quality; and 2
1059	1059	(ii) siting of a waste storage facility within 200 feet of a surface 3
1060	1060	water or private well if the site is the best available site on the farm for the 4
1061	1061	purposes of protecting groundwater quality or surface water quality and the 5
1062	1062	waste storage facility is designed by a licensed engineer to meet the 6
1063	1063	requirements of section 4815 of this title. 7
1064	1064	(3) Require the construction and management of barnyards, waste 8
1065	1065	management systems, animal holding areas, and production areas in a manner 9
1066	1066	to prevent runoff of waste to a surface water, to groundwater, or across 10
1067	1067	property boundaries. 11
1068	1068	(4) Establish standards for nutrient management on farms, including: 12
1069	1069	(A) required nutrient management planning on all farms that manage 13
1070	1070	agricultural wastes; and 14
1071	1071	(B) recommended practices for improving and maintaining soil 15
1072	1072	quality and healthy soils in order to increase the capacity of soil to retain water, 16
1073	1073	improve flood resiliency, reduce sedimentation, reduce reliance on fertilizers 17
1074	1074	and pesticides, and prevent agricultural stormwater runoff. 18
1075	1075	(5) Require cropland on the farm to be cultivated in a manner that 19
1076	1076	results in an average soil loss of less than or equal to the soil loss tolerance for 20
1077	1077	the prevalent soil, known as 1T, as calculated through application of the 21 BILL AS INTRODUCED H.146
1078	1078	2025 Page 45 of 68
1079	1079
1080	1080
1081	1081	VT LEG #379219 v.1
1082	1082	Revised Universal Soil Loss Equation or through the application of similarly 1
1083	1083	accepted models. 2
1084	1084	(6)(A) Require a farm to comply with standards established by the 3
1085	1085	Secretary for maintaining a vegetative buffer zone of perennial vegetation 4
1086	1086	between annual croplands and the top of the bank of an adjoining water of the 5
1087	1087	State. At a minimum the vegetative buffer standards established by the 6
1088	1088	Secretary shall prohibit the application of manure on the farm within 25 feet of 7
1089	1089	the top of the bank of an adjoining water of the State or within 10 feet of a 8
1090	1090	ditch that is not a surface water under State law and that is not a water of the 9
1091	1091	United States under federal law. 10
1092	1092	(B) Establish standards for site-specific vegetative buffers that 11
1093	1093	adequately address water quality needs based on consideration of soil type, 12
1094	1094	slope, crop type, proximity to water, and other relevant factors. 13
1095	1095	(7) [Repealed.] 14
1096	1096	(8) Regulate, in a manner consistent with the Agency of Natural 15
1097	1097	Resources’ flood hazard area and river corridor rules, the construction or siting 16
1098	1098	of a farm structure or the storage of manure, fertilizer, or pesticides within a 17
1099	1099	river corridor designated by the Secretary of Natural Resources. 18
1100	1100	(9) Establish standards for the exclusion of livestock from the waters of 19
1101	1101	the State to prevent erosion and adverse water quality impacts. 20 BILL AS INTRODUCED H.146
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1103	1103
1104	1104
1105	1105	VT LEG #379219 v.1
1106	1106	(10) Establish standards for soil conservation practices such as cover 1
1107	1107	cropping. 2
1108	1108	(11) Allow for alternative techniques or practices, approved by the 3
1109	1109	Secretary, for compliance by an owner or operator of a farm when the owner or 4
1110	1110	operator cannot comply with the requirements of the Required Agricultural 5
1111	1111	Practices due to site-specific conditions. Approved alternative techniques or 6
1112	1112	practices shall meet State requirements to reduce adverse impacts to water 7
1113	1113	quality. 8
1114	1114	(b) The Secretary of Agriculture, Food and Markets shall maintain the 9
1115	1115	Required Agricultural Practices in order to include requirements for reducing 10
1116	1116	nutrient contribution to waters of the State from subsurface tile drainage. 11
1117	1117	Upon adoption of requirements for subsurface tile drainage, the Secretary may 12
1118	1118	require an existing subsurface tile drain to comply with the requirements of the 13
1119	1119	RAPs for subsurface tile drainage upon a determination that compliance is 14
1120	1120	necessary to reduce adverse impacts to water quality from the subsurface tile 15
1121	1121	drain. 16
1122	1122	(c) The Secretary shall amend the Required Agricultural Practices to 17
1123	1123	include requirements for activities occurring in areas that are excluded from 18
1124	1124	regulation by the Agency of Natural Resources under 10 V.S.A. § 902 because 19
1125	1125	the area is used to grow food or crops in connection with farming activities. 20
1126	1126	[Repealed.] 21 BILL AS INTRODUCED H.146
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1128	1128
1129	1129
1130	1130	VT LEG #379219 v.1
1131	1131	§ 4811. POWERS OF SECRETARY 1
1132	1132	The Secretary of Agriculture, Food and Markets in furtherance of the 2
1133	1133	purposes of this chapter may: 3
1134	1134	(1) Make, adopt, revise, and amend reasonable rules that define 4
1135	1135	practices described in section 4810 of this title as well as other rules deemed 5
1136	1136	necessary to carry out the provisions of this chapter. [Repealed.] 6
1137	1137	(2) Appoint assistants, subject to applicable laws, to perform or assist in 7
1138	1138	the performance of any duties or functions of the Secretary under this chapter. 8
1139	1139	(3) Enter any lands, public or private, and review and copy any land 9
1140	1140	management records as may be necessary to carry out the provisions of this 10
1141	1141	chapter. [Repealed.] 11
1142	1142	(4) Sign memorandums of understanding between agencies when the 12
1143	1143	Secretary of Agriculture, Food and Markets agrees it is necessary for the 13
1144	1144	success of the program. [Repealed.] 14
1145	1145	(5) Solicit and receive federal or private funds. 15
1146	1146	(6) Cooperate fully with the federal government or other agencies in the 16
1147	1147	operation of any joint federal-state programs concerning the regulation of 17
1148	1148	agricultural nonpoint source pollution. 18
1149	1149	(7) Establish programs to improve agricultural water quality. 19
1150	1150	(8) Provide grants or contracts from agricultural water quality programs 20
1151	1151	established under this chapter, or by the Secretary of Agriculture, Food and 21 BILL AS INTRODUCED H.146
1152	1152	2025 Page 48 of 68
1153	1153
1154	1154
1155	1155	VT LEG #379219 v.1
1156	1156	Markets, for the purpose of providing technical and financial assistance in 1
1157	1157	preventing agricultural pollution from entering groundwater and waters of the 2
1158	1158	State, provided that the Secretary shall only use capital funding available to the 3
1159	1159	Agency for water quality programs or projects that are eligible for capital 4
1160	1160	assistance. 5
1161	1161	* * * 6
1162	1162	§ 4813. BASIN MANAGEMENT; APP EALS TO THE ENVIRONMENTAL 7
1163	1163	DIVISION 8
1164	1164	(a) The Secretary of Agriculture, Food and Markets shall cooperate with 9
1165	1165	the Secretary of Natural Resources in the basin planning process with regard to 10
1166	1166	the agricultural nonpoint source waste component of each basin plan. Any 11
1167	1167	person with an interest in the agricultural nonpoint source component of the 12
1168	1168	basin planning process may petition the Secretary of Agriculture, Food and 13
1169	1169	Markets to require, and the Secretary may require, best management practices 14
1170	1170	in the individual basin beyond Required Agricultural Practices adopted by rule, 15
1171	1171	in order to achieve compliance with the water quality goals in 10 V.S.A. § 16
1172	1172	1250 and any duly adopted basin plan. The Secretary of Agriculture, Food and 17
1173	1173	Markets shall hold a public hearing within 60 days and shall issue a timely 18
1174	1174	written decision that sets forth the facts and reasons supporting the decision. 19
1175	1175	(b) Any person engaged in farming that has been required by the Secretary 20
1176	1176	of Agriculture, Food and Markets to implement best management practices or 21 BILL AS INTRODUCED H.146
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1178	1178
1179	1179
1180	1180	VT LEG #379219 v.1
1181	1181	any person who has petitioned the Secretary of Agriculture, Food and Markets 1
1182	1182	under subsection (a) of this section may appeal the Secretary of Agriculture, 2
1183	1183	Food and Markets’ decision to the Environmental Division de novo. 3
1184	1184	(c) When requiring implementation of a best management practice, the 4
1185	1185	Secretary shall inform a farmer of the resources available to assist the farmer in 5
1186	1186	implementing the best management practice and complying with the 6
1187	1187	requirements of this chapter. [Repealed.] 7
1188	1188	* * * 8
1189	1189	§ 4815. WASTE STORAGE FACILITY 9
1190	1190	(a) No person shall construct a new waste storage facility or expand or 10
1191	1191	modify a waste storage facility in existence on July 1, 2006 unless the facility 11
1192	1192	meets the standard established for such facilities by the Natural Resources 12
1193	1193	Conservation Service of the U.S. Department of Agriculture or an equivalent 13
1194	1194	standard. If an equivalent design standard is used, the design and construction 14
1195	1195	shall be certified by the Secretary of Agriculture, Food and Markets or a 15
1196	1196	licensed professional engineer operating within the scope of the engineer’s 16
1197	1197	expertise. 17
1198	1198	(b) The Secretary may require the owner or operator of a waste storage 18
1199	1199	facility in existence on July 1, 2006 to modify the facility to meet the standard 19
1200	1200	set forth in subsection (a) of this section if the facility poses a threat to human 20
1201	1201	health or the environment. If the Secretary determines that a facility that meets 21 BILL AS INTRODUCED H.146
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1203	1203
1204	1204
1205	1205	VT LEG #379219 v.1
1206	1206	the standard set forth in subsection (a) of this section poses a threat to human 1
1207	1207	health or the environment, the Secretary may require the owner or operator of 2
1208	1208	the facility to implement additional management measures. 3
1209	1209	(c) If the Secretary suspects that a waste storage facility may be 4
1210	1210	contaminating groundwater, the Secretary shall pay the costs of any initial 5
1211	1211	groundwater monitoring to determine whether a facility poses a threat to 6
1212	1212	human health or the environment. Within 21 days after a determination under 7
1213	1213	this subsection that a facility poses a threat to human health or the environment 8
1214	1214	because of apparent violation of the Groundwater Protection Standards, the 9
1215	1215	Secretary of Agriculture, Food and Markets shall notify the Department of 10
1216	1216	Health and the Secretary of Natural Resources of the location of the facility 11
1217	1217	and the name of its owner or operator. 12
1218	1218	(d) As used in this section, “waste storage facility” means an impoundment 13
1219	1219	made for the purpose of storing agricultural waste by constructing an 14
1220	1220	embankment, excavating a pit or dugout, fabricating an inground and 15
1221	1221	aboveground structure, or any combination thereof. [Repealed.] 16
1222	1222	§ 4816. SEASONAL APPLICATION OF MANURE 17
1223	1223	(a) Prohibition on application. A person shall not apply manure to land in 18
1224	1224	the State between December 15 and April 1 of any calendar year unless 19
1225	1225	authorized by this section. 20 BILL AS INTRODUCED H.146
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1227	1227
1228	1228
1229	1229	VT LEG #379219 v.1
1230	1230	(b) Extension of prohibition. The Secretary of Agriculture, Food and 1
1231	1231	Markets shall amend the Required Agricultural Practices by rule in order to 2
1232	1232	establish a process under which the Secretary may prohibit the application of 3
1233	1233	manure to land in the State between December 1 and December 15 and 4
1234	1234	between April 1 and April 30 of any calendar year when the Secretary 5
1235	1235	determines that due to weather conditions, soil conditions, or other limitations, 6
1236	1236	application of manure to land would pose a significant potential of discharge or 7
1237	1237	runoff to State waters. 8
1238	1238	(c) Seasonal exemption. The Secretary of Agriculture, Food and Markets 9
1239	1239	shall amend the Required Agricultural Practices by rule in order to establish a 10
1240	1240	process under which the Secretary may authorize an exemption to the 11
1241	1241	prohibition on the application of manure to land in the State between 12
1242	1242	December 15 and April 1 of any calendar year or during any period established 13
1243	1243	under subsection (b) of this section when manure is prohibited from 14
1244	1244	application. Any process established for the issuance of an exemption under 15
1245	1245	the Required Agricultural Practices may authorize land application of manure 16
1246	1246	on a weekly, monthly, or seasonal basis or in authorized regions, areas, or 17
1247	1247	fields in the State, provided that any exemption shall: 18
1248	1248	(1) prohibit application of manure: 19
1249	1249	(A) in areas with established channels of concentrated stormwater 20
1250	1250	runoff to surface waters, including ditches and ravines; 21 BILL AS INTRODUCED H.146
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1252	1252
1253	1253
1254	1254	VT LEG #379219 v.1
1255	1255	(B) in nonharvested permanent vegetative buffers; 1
1256	1256	(C) in a nonfarmed wetland, as that term is defined in 10 V.S.A. § 2
1257	1257	902(5); 3
1258	1258	(D) within 50 feet of a potable water supply, as that term is defined in 4
1259	1259	10 V.S.A. § 1972(6); 5
1260	1260	(E) to fields exceeding tolerable soil loss; and 6
1261	1261	(F) to saturated soils; 7
1262	1262	(2) establish requirements for the application of manure when frozen or 8
1263	1263	snow-covered soils prevent effective incorporation at the time of application; 9
1264	1264	(3) require manure to be applied according to a nutrient management 10
1265	1265	plan; and 11
1266	1266	(4) establish the maximum tons of manure that may be applied per acre 12
1267	1267	during any one application. [Repealed.] 13
1268	1268	§ 4817. MANAGEMENT OF NON -SEWAGE WASTE 14
1269	1269	(a) As used in this section: 15
1270	1270	(1) “Non-sewage waste” means any waste other than sewage that may 16
1271	1271	contain organisms pathogenic to human beings but does not mean stormwater 17
1272	1272	runoff. 18
1273	1273	(2) “Sewage” means waste containing human fecal coliform and other 19
1274	1274	potential pathogenic organisms from sanitary waste and used water from any 20 BILL AS INTRODUCED H.146
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1276	1276
1277	1277
1278	1278	VT LEG #379219 v.1
1279	1279	building, including carriage water and shower and wash water. “Sewage” does 1
1280	1280	not mean stormwater runoff as that term is defined in 10 V.S.A. § 1264. 2
1281	1281	(b) The Secretary may require a person transporting or arranging for the 3
1282	1282	transport of non-sewage waste to a farm for deposit in a manure pit or for use 4
1283	1283	as an input in a methane digester to obtain approval from the Secretary prior to 5
1284	1284	transporting the non-sewage waste to the farm. The Secretary may require a 6
1285	1285	person to report to the Secretary at a designated time one or more of the 7
1286	1286	following: 8
1287	1287	(1) the composition of the material transported to the farm, including the 9
1288	1288	source of the material; and 10
1289	1289	(2) the volume of the material transported to a farm. 11
1290	1290	(c) After receipt of a report required under subsection (b) of this section, the 12
1291	1291	Secretary may prohibit the import of non-sewage waste onto a farm upon a 13
1292	1292	determination that the import of the material would violate the nutrient 14
1293	1293	management plan for the farm or otherwise present a threat to water quality. 15
1294	1294	[Repealed.] 16
1295	1295	* * * 17
1296	1296	Subchapter 3. Water Quality; Financial and Technical Assistance 18
1297	1297	* * * 19 BILL AS INTRODUCED H.146
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1299	1299
1300	1300
1301	1301	VT LEG #379219 v.1
1302	1302	§ 4826. COST ASSISTANCE FOR WASTE STORAGE FACILITIES 1
1303	1303	(a) The owner or operator of a farm required under section 4815 of this title 2
1304	1304	to design, construct, or modify a waste storage facility may apply in writing to 3
1305	1305	the Secretary of Agriculture, Food and Markets for cost assistance. Using 4
1306	1306	State or federal funds, or both, a State assistance grant shall be awarded, 5
1307	1307	subject to the availability of funds, to applicants. Such grants shall not exceed 6
1308	1308	90 percent of the cost of an adequately sized and designed waste storage 7
1309	1309	facility and the equipment eligible for Natural Resources Conservation Service 8
1310	1310	cost share assistance. Application for a State assistance grant shall be made in 9
1311	1311	the manner prescribed by the Secretary. 10
1312	1312	(b) If the Secretary lacks adequate funds necessary for the cost assistance 11
1313	1313	awards required by subsection (a) of this section, the Secretary shall appear 12
1314	1314	before the Emergency Board, as soon as possible, and shall request that 13
1315	1315	necessary funds be provided. If the Emergency Board fails to provide 14
1316	1316	adequate funds, the design and construction requirements for waste storage 15
1317	1317	facilities under subsection 4815(b) of this title and the RAPs for groundwater, 16
1318	1318	as they relate to a waste storage facility, shall be suspended for a farm with a 17
1319	1319	waste storage facility subject to the requirements of subsection 4815(b) of this 18
1320	1320	title until adequate funding becomes available. Suspension of the design and 19
1321	1321	construction requirements of subsection 4815(b) of this title does not relieve an 20
1322	1322	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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1324	1324
1325	1325
1326	1326	VT LEG #379219 v.1
1327	1327	from the remaining requirements of the owner’s or operator’s permit, including 1
1328	1328	discharge standards, groundwater protection, nutrient management planning, 2
1329	1329	and land application of manure. This subsection does not apply to farms 3
1330	1330	permitted under 10 V.S.A. § 1263. 4
1331	1331	(c) The owner or operator of a farm with a waste storage facility may apply 5
1332	1332	in writing to the Secretary of Agriculture, Food and Markets for a State 6
1333	1333	assistance grant for the costs of complying with the U.S. Department of 7
1334	1334	Agriculture Natural Resources Conservation Service requirements for 8
1335	1335	inspection of a waste storage facility. Such grants shall not exceed 90 percent 9
1336	1336	of the cost of the inspection of the waste storage facility. Application for a 10
1337	1337	State assistance grant shall be made in the manner prescribed by the Secretary. 11
1338	1338	[Repealed.] 12
1339	1339	* * * 13
1340	1340	Sec. 7. REPEALS 14
1341	1341	(a) 6 V.S.A. § 4803 (Agricultural Water Quality Special Fund) shall be 15
1342	1342	repealed on July 1, 2027. 16
1343	1343	(b) 6 V.S.A. §§ 4850–4855 (regulation of large farm operations) shall be 17
1344	1344	repealed on July 1, 2027. 18
1345	1345	(c) 6 V.S.A. chapter 215, subchapter 5 (regulation of medium and small 19
1346	1346	farm operations) shall be repealed on July 1, 2027. 20 BILL AS INTRODUCED H.146
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1348	1348
1349	1349
1350	1350	VT LEG #379219 v.1
1351	1351	(d) 6 V.S.A. chapter 215, subchapter 5a (small farm certification) shall be 1
1352	1352	repealed on July 1, 2027. 2
1353	1353	(e) 6 V.S.A. chapter 215, subchapter 10 (enforcement) shall be repealed on 3
1354	1354	July 1, 2027. 4
1355	1355	* * * Conforming Changes to Statute * * * 5
1356	1356	Sec. 8. 6 V.S.A. § 366 is amended to read: 6
1357	1357	§ 366. TONNAGE FEES 7
1358	1358	(a) A person distributing fertilizer to a nonregistrant consumer in the State 8
1359	1359	annually shall pay the following fees to the Secretary: 9
1360	1360	(1) a $150.00 minimum tonnage fee; 10
1361	1361	(2) $0.50 per ton of agricultural fertilizer distributed; and 11
1362	1362	(3) $30.00 per ton of nonagricultural fertilizer distributed. 12
1363	1363	* * * 13
1364	1364	(g)(1) All fees collected under subdivisions (a)(1) and (2) of this section 14
1365	1365	shall be deposited in the special fund created by subsection 364(f) of this title 15
1366	1366	and used in accordance with its provisions. 16
1367	1367	(2) All fees collected under subdivision (a)(3) of this section shall be 17
1368	1368	deposited in the Agricultural Water Quality Special Fund created under section 18
1369	1369	4803 of this title Clean Water Fund established under 10 V.S.A. § 1388. 19
1370	1370	* * * 20 BILL AS INTRODUCED H.146
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1372	1372
1373	1373
1374	1374	VT LEG #379219 v.1
1375	1375	Sec. 9. 6 V.S.A. § 563 is amended to read: 1
1376	1376	§ 563. HEMP; AN AGRICULTURAL PRODUCT 2
1377	1377	(a) Hemp is an agricultural product that may be grown as a crop produced, 3
1378	1378	possessed, marketed, and commercially traded in Vermont pursuant to the 4
1379	1379	provisions of this chapter and section 10113 of the Agriculture Improvement 5
1380	1380	Act of 2018, Pub. L. No. 115-334. 6
1381	1381	* * * 7
1382	1382	(d) The cultivation of hemp shall be subject to and comply with the 8
1383	1383	Required Agricultural Practices adopted under section 4810 of this title, as 9
1384	1384	amended 10 V.S.A. § 1325. 10
1385	1385	Sec. 10. 6 V.S.A. § 918(b) is amended to read: 11
1386	1386	(b) The registrant shall pay an annual fee of $200.00 for each product 12
1387	1387	registered, and $185.00 of that amount shall be deposited in the special fund 13
1388	1388	created in section 929 of this title. Of the registration fees collected under this 14
1389	1389	subsection, $15.00 of the amount collected shall be deposited in the 15
1390	1390	Agricultural Water Quality Special Fund under section 4803 of this title Clean 16
1391	1391	Water Fund established under 10 V.S.A. § 1388. Of the registration fees 17
1392	1392	collected under this subsection, $25.00 of the amount collected shall be used to 18
1393	1393	offset the additional costs of inspection of economic poison products and to 19
1394	1394	provide educational services, training, and technical assistance to pesticide 20
1395	1395	applicators, beekeepers, and the general public regarding the effects of 21 BILL AS INTRODUCED H.146
1396	1396	2025 Page 58 of 68
1397	1397
1398	1398
1399	1399	VT LEG #379219 v.1
1400	1400	pesticides on pollinators and the methods or best management practices to 1
1401	1401	reduce the impacts of pesticides on pollinators. The annual registration year 2
1402	1402	shall be from December 1 to November 30 of the following year. 3
1403	1403	Sec. 11. 10 V.S.A. § 905b is amended to read: 4
1404	1404	§ 905b. DUTIES; POWERS 5
1405	1405	The Department shall protect and manage the water resources of the State in 6
1406	1406	accordance with the provisions of this subchapter and shall: 7
1407	1407	* * * 8
1408	1408	(18) Study and investigate the wetlands of the State and cooperate with 9
1409	1409	municipalities, the general public, other agencies, and the Board in collecting 10
1410	1410	and compiling data relating to wetlands; propose to the Board specific 11
1411	1411	wetlands to be designated as Class I wetlands; issue or deny permits pursuant 12
1412	1412	to section 913 of this title and the rules authorized by this subdivision; issue 13
1413	1413	wetland determinations pursuant to section 914 of this title; issue orders 14
1414	1414	pursuant to section 1272 of this title; and in accordance with 3 V.S.A. chapter 15
1415	1415	25, adopt rules to address the following: 16
1416	1416	* * * 17
1417	1417	(C) The protection of wetlands that have been determined under 18
1418	1418	subdivision (A) or (B) of this subdivision (18) to be significant, including rules 19
1419	1419	that provide for the issuance or denial of permits and the issuance of wetland 20
1420	1420	determinations by the Department under this chapter; provided, however, that 21 BILL AS INTRODUCED H.146
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1422	1422
1423	1423
1424	1424	VT LEG #379219 v.1
1425	1425	the rules may only protect the values and functions sought to be preserved by 1
1426	1426	the designation. The Department shall not adopt rules that restrain agricultural 2
1427	1427	activities without the consent of the Secretary of Agriculture, Food and 3
1428	1428	Markets and shall not adopt rules that restrain silvicultural activities without 4
1429	1429	the consent of the Commissioner of Forests, Parks and Recreation. 5
1430	1430	* * * 6
1431	1431	Sec. 12. 10 V.S.A. § 1266b(d) is amended to read: 7
1432	1432	(d) Application of fertilizer to impervious surface; in proximity to water; 8
1433	1433	and seasonal restriction. No person shall apply any fertilizer in one or more of 9
1434	1434	the following situations: 10
1435	1435	(1) to To an impervious surface. Fertilizer applied or released to an 11
1436	1436	impervious surface shall be immediately collected and returned to a container 12
1437	1437	for legal application. This subdivision shall not apply to activities regulated 13
1438	1438	under the required agricultural practices as those practices are defined by the 14
1439	1439	Secretary of Agriculture, Food and Markets under 6 V.S.A. § 4810;. 15
1440	1440	(2) to To turf before April 1 or after October 15 in any calendar year or 16
1441	1441	at any time when the ground is frozen; or. 17
1442	1442	(3) to To turf within 25 feet of a water of the State. 18 BILL AS INTRODUCED H.146
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1444	1444
1445	1445
1446	1446	VT LEG #379219 v.1
1447	1447	Sec. 13. 10 V.S.A. § 1389b is amended to read: 1
1448	1448	§ 1389b. CLEAN WATER FUND AUDIT 2
1449	1449	(a) On or before January 15, 2023, the Secretary of Administration shall 3
1450	1450	submit to the House and Senate Committees on Appropriations, the Senate 4
1451	1451	Committee on Finance, the House Committee on Ways and Means, the Senate 5
1452	1452	Committee on Agriculture, the House Committee on Agriculture, Food 6
1453	1453	Resiliency, and Forestry, the Senate Committee on Natural Resources and 7
1454	1454	Energy, and the House Committee on Environment and Energy a program 8
1455	1455	audit of the Clean Water Fund. The audit shall include: 9
1456	1456	* * * 10
1457	1457	(4) an assessment of the capacity of the Agency of Agriculture, Food 11
1458	1458	and Markets to effectively administer and enforce agricultural water quality 12
1459	1459	requirements on farms in the State; [Repealed.] 13
1460	1460	* * * 14
1461	1461	Sec. 14. 10 V.S.A. § 1446(b)(7) is amended to read: 15
1462	1462	(7) Agricultural activities. Agricultural activities on land in agricultural 16
1463	1463	production on July 1, 2014, provided that: 17
1464	1464	(A) no impervious surface shall be created or expanded in a protected 18
1465	1465	shoreland area except: when no alternative outside the protected shoreland 19
1466	1466	area exists, the construction of a best management practice is necessary to 20
1467	1467	abate an agricultural water quality issue, and the best management practice is 21 BILL AS INTRODUCED H.146
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1469	1469
1470	1470
1471	1471	VT LEG #379219 v.1
1472	1472	approved by the Secretary of Agriculture, Food and Markets under 6 V.S.A. 1
1473	1473	chapter 215 Natural Resources under chapter 47, subchapter 3A of this title; 2
1474	1474	and 3
1475	1475	(B) the agricultural activities within the protected shoreland area 4
1476	1476	comply with the rules adopted by and permits the Secretary of Agriculture, 5
1477	1477	Food and Markets under 6 V.S.A. chapter 215 regarding agricultural water 6
1478	1478	quality, including required agricultural practices, best management practices, 7
1479	1479	medium and small farm operation, and large farm operation Natural Resources 8
1480	1480	adopts under chapter 47, subchapter 3A of this title. 9
1481	1481	Sec. 15. 10 V.S.A. § 1671(8) is amended to read: 10
1482	1482	(8) “Required agricultural practices” shall be as defined by the Secretary 11
1483	1483	of Agriculture, Food and Markets under 6 V.S.A. § 4810 in section 13221 of 12
1484	1484	this title. 13
1485	1485	Sec. 16. 10 V.S.A. § 1679(c) is amended to read: 14
1486	1486	(c) Rules adopted by the Secretary under subsection (a) of this section shall 15
1487	1487	include provisions for the identification of agricultural lands, as defined in 32 16
1488	1488	V.S.A. § 3752, within public water source protection areas and for ensuring 17
1489	1489	that required agricultural practices farming, as that term is defined in section 18
1490	1490	6001 if this title, on those lands are is not unduly restricted by the development 19
1491	1491	of the public water source protection area without the consent of the owner of 20
1492	1492	those agricultural lands. Prior to the adoption of rules under this subsection, 21 BILL AS INTRODUCED H.146
1493	1493	2025 Page 62 of 68
1494	1494
1495	1495
1496	1496	VT LEG #379219 v.1
1497	1497	the Secretary shall consult with the Secretary of Agriculture, Food and Markets 1
1498	1498	and, if possible, obtain concurrence of the Secretary of Agriculture, Food and 2
1499	1499	Markets. If the Secretary of Agriculture, Food and Markets does not concur, 3
1500	1500	the Secretary of Agriculture, Food and Markets shall state any objections in 4
1501	1501	writing;, and those objections shall be included by the Secretary in filing the 5
1502	1502	final proposed rule with the Legislative Committee on Administrative Rules. 6
1503	1503	Sec. 17. 10 V.S.A. § 6001(3)(E) is amended to read: 7
1504	1504	(E) When development is proposed to occur on a parcel or tract of 8
1505	1505	land that is devoted to farming activity as defined in subdivision (22) of this 9
1506	1506	section, only those portions of the parcel or the tract that support the 10
1507	1507	development shall be subject to regulation under this chapter. Permits issued 11
1508	1508	under this chapter shall not impose conditions on other portions of the parcel or 12
1509	1509	tract of land that do not support the development and that restrict or conflict 13
1510	1510	with required agricultural practices adopted by the Secretary of Agriculture, 14
1511	1511	Food and Markets. Any portion of the tract that is used to produce compost 15
1512	1512	ingredients for a composting facility located elsewhere on the tract shall not 16
1513	1513	constitute land that supports the development unless it is also used for some 17
1514	1514	other purpose that supports the development. 18
1515	1515	Sec. 18. 10 V.S.A. § 6001(42) is amended to read: 19
1516	1516	(42) “Small farm” has the same meaning as in 6 V.S.A. § 4871 section 20
1517	1517	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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1519	1519
1520	1520
1521	1521	VT LEG #379219 v.1
1522	1522	Agricultural Practices Rule (RAPs) and is not required to certify as a small 1
1523	1523	farm under Section 4 of the RAPs, section 1324c of this title and is not 2
1524	1524	required to operate as a Medium Farm Operation under 6 V.S.A. § 4858, and is 3
1525	1525	not required to operate as a Large Farm Operation under 6 V.S.A. § 4851 4
1526	1526	obtain a CAFO permit under chapter 47, subchapter 3A of this title. 5
1527	1527	Sec. 19. 24 V.S.A. § 4413(d)(1) is amended to read: 6
1528	1528	(d)(1) A bylaw under this chapter shall not regulate: 7
1529	1529	(A) required agricultural practices, including the construction of farm 8
1530	1530	structures, as those practices are defined and administered by the Secretary of 9
1531	1531	Agriculture, Food and Markets Natural Resources; 10
1532	1532	* * * 11
1533	1533	Sec. 20. 32 V.S.A. § 3752(5)(D) is amended to read: 12
1534	1534	(D) “Development” also means notification of the Director by the 13
1535	1535	Secretary of Agriculture, Food and Markets Natural Resources under section 14
1536	1536	3756 of this title that the owner or operator of agricultural land or a farm 15
1537	1537	building is violating the water quality requirements of 6 V.S.A. chapter 215 10 16
1538	1538	V.S.A. chapter 47 or is failing to comply with the terms of an order issued 17
1539	1539	under 6 V.S.A. chapter 215, subchapter 10 10 V.S.A. chapter 201. 18
1540	1540	Sec. 21. 32 V.S.A. § 3756(i) is amended to read: 19
1541	1541	(i)(1) After providing 30 days’ notice to the owner, the Director shall 20
1542	1542	remove from use value appraisal an entire parcel of managed forestland and 21 BILL AS INTRODUCED H.146
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1544	1544
1545	1545
1546	1546	VT LEG #379219 v.1
1547	1547	notify the owner when the Commissioner of Forests, Parks and Recreation has 1
1548	1548	not received a required management activity report or has received an adverse 2
1549	1549	inspection report, unless the lack of conformance consists solely of the failure 3
1550	1550	to make prescribed planned cutting. In that case, the Director may delay 4
1551	1551	removal from use value appraisal for a period of one year at a time to allow 5
1552	1552	time to bring the parcel into conformance with the plan. 6
1553	1553	(2)(A) The Director shall remove from use value appraisal an entire 7
1554	1554	parcel or parcels of agricultural land and farm buildings identified by the 8
1555	1555	Secretary of Agriculture, Food and Markets Natural Resources as being used 9
1556	1556	by a person: 10
1557	1557	(i) found, after administrative hearing, or contested judicial 11
1558	1558	hearing or motion, to be in violation of water quality requirements established 12
1559	1559	under 6 V.S.A. chapter 215, 10 V.S.A. chapter 47 or any rules adopted or any 13
1560	1560	permit or certification issued under 6 V.S.A. chapter 215 10 V.S.A. chapter 47; 14
1561	1561	or 15
1562	1562	(ii) who is not in compliance with the terms of an administrative 16
1563	1563	or court order issued under 6 V.S.A. chapter 215, subchapter 10 10 V.S.A. 17
1564	1564	chapter 201 to remedy a violation of the requirements of 6 V.S.A. chapter 215 18
1565	1565	10 V.S.A. chapter 47 or any rules adopted or any permit or certification issued 19
1566	1566	under 6 V.S.A. chapter 215 10 V.S.A. chapter 47. 20 BILL AS INTRODUCED H.146
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1568	1568
1569	1569
1570	1570	VT LEG #379219 v.1
1571	1571	(B) The Director shall notify the owner that agricultural land or a 1
1572	1572	farm building has been removed from use value appraisal by providing 2
1573	1573	notification of removal to the owner. After removal of agricultural land or a 3
1574	1574	farm building from use value appraisal under this section, the Director shall not 4
1575	1575	consider a new application for use value appraisal for the agricultural land or 5
1576	1576	farm building until the Secretary of Agriculture, Food and Markets Natural 6
1577	1577	Resources submits to the Director a certification that the owner or operator of 7
1578	1578	the agricultural land or farm building is complying with the water quality 8
1579	1579	requirements of 6 V.S.A. chapter 215 10 V.S.A. chapter 47 or an order issued 9
1580	1580	under 6 V.S.A. chapter 215 10 V.S.A. chapter 47 or 10 V.S.A. chapter 201. 10
1581	1581	After submission of a certification by the Secretary of Agriculture, Food and 11
1582	1582	Markets Natural Resources, an owner or operator shall be eligible to apply for 12
1583	1583	enrollment of the agricultural land or farm building according to the 13
1584	1584	requirements of this section. 14
1585	1585	Sec. 22. 32 V.S.A. § 3758(e) is amended to read: 15
1586	1586	(e) When the Director removes agricultural land or a farm building 16
1587	1587	pursuant to notification from the Secretary of Agriculture, Food and Markets 17
1588	1588	Natural Resources under section 3756 of this title, the exclusive right of appeal 18
1589	1589	shall be as provided in 6 V.S.A. § 4996(a). 19 BILL AS INTRODUCED H.146
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1591	1591
1592	1592
1593	1593	VT LEG #379219 v.1
1594	1594	* * * Permit Fees * * * 1
1595	1595	Sec. 23. 3 V.S.A. § 2822(j) is amended to read: 2
1596	1596	(j) In accordance with subsection (i) of this section, the following fees are 3
1597	1597	established for permits, licenses, certifications, approvals, registrations, orders, 4
1598	1598	and other actions taken by the Agency of Natural Resources. 5
1599	1599	* * * 6
1600	1600	(2) For discharge permits issued under 10 V.S.A. chapter 47 and orders 7
1601	1601	issued under 10 V.S.A. § 1272, an administrative processing fee of $240.00 8
1602	1602	shall be paid at the time of application for a discharge permit in addition to any 9
1603	1603	application review fee and any annual operating fee, except for permit 10
1604	1604	applications under subdivisions (A)(iii)(III) and (V) of this subdivision (j)(2): 11
1605	1605	(A) Application review fee: 12
1606	1606	* * * 13
1607	1607	(v) CAFO permit 14
1608	1608	(I) Large CAFO $750.00 15
1609	1609	(II) Medium CAFO $500.00 16
1610	1610	(III) Small CAFO $250.00 17
1611	1611	* * * 18
1612	1612	(B) Annual operating fee. 19
1613	1613	* * * 20
1614	1614	(vi) CAFO permit 21 BILL AS INTRODUCED H.146
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1616	1616
1617	1617
1618	1618	VT LEG #379219 v.1
1619	1619	(I) Large CAFO $2,500.00 1
1620	1620	(II) Medium CAFO $1,500.00 2
1621	1621	(III) Small CAFO $500.00 3
1622	1622	* * * 4
1623	1623	* * * Implementation * * * 5
1624	1624	Sec. 24. TRANSITION; IMPLEMENTATION 6
1625	1625	(a) On or before January 1, 2026, the Secretary of Natural Resources shall 7
1626	1626	submit to the House and Senate Committees on Appropriations a report 8
1627	1627	recommending sufficient appropriations and staffing for the Agency of Natural 9
1628	1628	Resources to implement and enforce the agricultural water quality requirement 10
1629	1629	of 10 V.S.A. chapter 47, subchapter 3A. 11
1630	1630	(b) All pending enforcement actions of the Secretary of Agriculture, Food 12
1631	1631	and Markets under 6 V.S.A. chapter 215 shall be transferred to the Secretary of 13
1632	1632	Natural Resources on July 1, 2027 for enforcement under 10 V.S.A. chapter 14
1633	1633	201. A previous enforcement action of the Secretary of Agriculture, Food and 15
1634	1634	Markets against a farm under 6 V.S.A. 1 chapter 215 shall not preclude or 16
1635	1635	prevent the Secretary of Natural Resources from enforcing violations of 10 17
1636	1636	V.S.A. chapter 47 that occur on or after July 1, 2025. 18
1637	1637	(c) All monies in the Agricultural Water Quality Special Fund created 19
1638	1638	under 6 V.S.A. § 4803 shall be deposited in the Agricultural Water Quality 20
1639	1639	Special Fund created under 10 V.S.A. § 1354 on July 1, 2027. 21 BILL AS INTRODUCED H.146
1640	1640	2025 Page 68 of 68
1641	1641
1642	1642
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1644	1644	(d) The memorandum of understanding adopted by the Secretary of Natural 1
1645	1645	Resources and the Secretary of Agriculture, Food and Markets prior to the 2
1646	1646	effective date of this act pursuant to 10 V.S.A. §§ 1259(i) and 8003(d) shall be 3
1647	1647	rescinded on July 1, 2027. 4
1648	1648	* * * Statutory Revision * * * 5
1649	1649	Sec. 25. STATUTORY REVISION; AGRICULTURAL PRACTICES 6
1650	1650	In its statutory revision capacity under 2 V.S.A. § 424, the Office of 7
1651	1651	Legislative Counsel is authorized, where appropriate, to replace the words 8
1652	1652	“Secretary of Agriculture, Food and Markets” or “Agency of Agriculture, Food 9
1653	1653	and Markets” with the appropriate words or phrase to reflect the transfer of the 10
1654	1654	agricultural water quality program from the Agency of Agriculture, Food and 11
1655	1655	Markets to the Agency of Natural Resources under 10 V.S.A. chapter 47, 12
1656	1656	subchapter 3A. 13
1657	1657	* * * Effective Date * * * 14
1658	1658	Sec. 26. EFFECTIVE DATE 15
1659	1659	This act shall take effect on July 1, 2025. 16