| 1 | 1 | | BILL AS INTRODUCED H.236 |
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| 2 | 2 | | 2025 Page 1 of 3 |
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| 4 | 4 | | |
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| 5 | 5 | | VT LEG #379754 v.1 |
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| 6 | 6 | | H.236 1 |
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| 7 | 7 | | Introduced by Representatives Noyes of Wolcott, Bailey of Hyde Park, 2 |
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| 8 | 8 | | Boyden of Cambridge, LaMont of Morristown, and Yacovone 3 |
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| 9 | 9 | | of Morristown 4 |
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| 10 | 10 | | Referred to Committee on 5 |
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| 11 | 11 | | Date: 6 |
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| 12 | 12 | | Subject: Conservation and development; water resources; classification of 7 |
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| 13 | 13 | | waters; water quality standards; hydroelectric power generation 8 |
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| 14 | 14 | | facilities 9 |
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| 15 | 15 | | Statement of purpose of bill as introduced: This bill proposes to authorize the 10 |
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| 16 | 16 | | use of Class B(2) waters in the State for use by a hydroelectric power 11 |
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| 17 | 17 | | generation facility with a proposed installed capacity of five megawatts or less. 12 |
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| 18 | 18 | | The bill would also direct the Secretary of Natural Resources to amend the 13 |
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| 19 | 19 | | Vermont Water Quality Standards to reflect the inclusion of hydroelectric 14 |
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| 20 | 20 | | power generation facilities with a proposed installed capacity of five 15 |
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| 21 | 21 | | megawatts or less as a suitable use of Class B(2) waters. 16 |
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| 22 | 22 | | An act relating to authorizing the use of State waters by hydroelectric 17 |
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| 23 | 23 | | generation facilities 18 |
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| 24 | 24 | | It is hereby enacted by the General Assembly of the State of Vermont: 19 |
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| 25 | 25 | | Sec. 1. 10 V.S.A. § 1252(a) is amended to read: 20 BILL AS INTRODUCED H.236 |
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| 26 | 26 | | 2025 Page 2 of 3 |
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| 28 | 28 | | |
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| 29 | 29 | | VT LEG #379754 v.1 |
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| 30 | 30 | | (a) The State adopts, for the purposes of individually classifying the uses of 1 |
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| 31 | 31 | | its high quality waters, the following classes and definitions: 2 |
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| 32 | 32 | | Class A(1): Waters in a natural condition that have significant 3 |
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| 33 | 33 | | ecological value; 4 |
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| 34 | 34 | | Class A(2): Waters that are suitable for a public water source with 5 |
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| 35 | 35 | | filtration and disinfection or other required treatment; character uniformly 6 |
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| 36 | 36 | | excellent.; 7 |
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| 37 | 37 | | Class B(1): Waters in which one or more uses are of demonstrably and 8 |
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| 38 | 38 | | consistently higher quality than Class B(2) waters; or 9 |
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| 39 | 39 | | Class B(2): Waters that are suitable for swimming and other primary 10 |
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| 40 | 40 | | contact recreation; irrigation and agricultural uses; aquatic biota and aquatic 11 |
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| 41 | 41 | | habitat; good aesthetic value; boating, fishing, and other recreational uses and; 12 |
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| 42 | 42 | | suitable for public water source with filtration and disinfection or other 13 |
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| 43 | 43 | | required treatment; and suitable for use by a hydroelectric power generation 14 |
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| 44 | 44 | | facility with a proposed installed capacity of five megawatts or less. 15 |
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| 45 | 45 | | Sec. 2. ANR AMENDMENT OF VERMONT WATER QUALITY 16 |
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| 46 | 46 | | STANDARDS 17 |
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| 47 | 47 | | (a) On or before July 1, 2026, the Secretary of Natural Resources shall 18 |
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| 48 | 48 | | amend by rule the Vermont Water Quality Standards to reflect the inclusion 19 |
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| 49 | 49 | | under 10 V.S.A. § 1252 of hydroelectric power generation facilities with a 20 BILL AS INTRODUCED H.236 |
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| 50 | 50 | | 2025 Page 3 of 3 |
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| 52 | 52 | | |
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| 53 | 53 | | VT LEG #379754 v.1 |
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| 54 | 54 | | proposed installed capacity of five megawatts or less as a suitable use of Class 1 |
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| 55 | 55 | | B(2) waters. 2 |
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| 56 | 56 | | (b) Prior to July 1, 2026, the Secretary of Natural Resources shall not deny 3 |
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| 57 | 57 | | approval of a Class B(2) water for use by a hydroelectric power generation 4 |
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| 58 | 58 | | facility with a proposed installed capacity of five megawatts or less without 5 |
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| 59 | 59 | | demonstrating that the use of the water by the hydroelectric power generation 6 |
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| 60 | 60 | | facility would impair the water. 7 |
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| 61 | 61 | | Sec. 3. EFFECTIVE DATE 8 |
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| 62 | 62 | | This act shall take effect on passage. 9 |
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