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