Vermont 2025 2025-2026 Regular Session

Vermont House Bill H0397 Introduced / Bill

Filed 02/25/2025

                    BILL AS INTRODUCED 	H.397 
2025 	Page 1 of 13 
 
 
VT LEG #380911 v.1 
H.397 1 
Introduced by Representatives Waszazak of Barre City, Galfetti of Barre 2 
Town, Bos-Lun of Westminster, Boutin of Barre City, Boyden 3 
of Cambridge, Brown of Richmond, Burke of Brattleboro, 4 
Burkhardt of South Burlington, Burrows of West Windsor, 5 
Burtt of Cabot, Campbell of St. Johnsbury, Canfield of Fair 6 
Haven, Carris-Duncan of Whitingham, Casey of Montpelier, 7 
Chapin of East Montpelier, Christie of Hartford, Cina of 8 
Burlington, Coffin of Cavendish, Cole of Hartford, Cooper of 9 
Pownal, Cordes of Bristol, Dobrovich of Williamstown, Dodge 10 
of Essex, Eastes of Guilford, Feltus of Lyndon, Goodnow of 11 
Brattleboro, Greer of Bennington, Gregoire of Fairfield, Hango 12 
of Berkshire, Harple of Glover, Headrick of Burlington, 13 
Holcombe of Norwich, Hooper of Randolph, Hunter of 14 
Manchester, Kimbell of Woodstock, Krasnow of South 15 
Burlington, Labor of Morgan, Lalley of Shelburne, LaMont of 16 
Morristown, Lipsky of Stowe, Logan of Burlington, Masland of 17 
Thetford, McCann of Montpelier, McFaun of Barre Town, 18 
McGill of Bridport, Mihaly of Calais, Morris of Springfield, 19 
Morrow of Weston, Mrowicki of Putney, Nelson of Derby, 20 
Nielsen of Brandon, Noyes of Wolcott, Nugent of South 21  BILL AS INTRODUCED 	H.397 
2025 	Page 2 of 13 
 
 
VT LEG #380911 v.1 
Burlington, O'Brien of Tunbridge, Ode of Burlington, Olson of 1 
Starksboro, Pezzo of Colchester, Pouech of Hinesburg, Priestley 2 
of Bradford, Pritchard of Pawlet, Quimby of Lyndon, Stevens 3 
of Waterbury, Sweeney of Shelburne, Tagliavia of Corinth, 4 
Torre of Moretown, Wells of Brownington, White of 5 
Waitsfield, White of Bethel, Winter of Ludlow, Wood of 6 
Waterbury, and Yacovone of Morristown 7 
Referred to Committee on  8 
Date:  9 
Subject: Internal security and public safety; emergency management; 10 
miscellaneous amendments relating to flood response and resilience  11 
Statement of purpose of bill as introduced:  This bill proposes to require the 12 
Division of Emergency Management to establish the Statewide Framework for 13 
Flood Preparedness, Response, and Recovery; provide assistance to 14 
municipalities to develop various plans for flood response and recovery; 15 
provide financial assistance to municipalities for flood recovery; coordinate 16 
with the Agency of Commerce and Community Development to develop 17 
programs for voluntary buyouts and homeowner assistance in flood-prone 18 
areas; and develop emergency and severe weather alert systems for use by 19 
municipal governments.  This bill also proposes to require the Agency of 20 
Transportation to provide technical and financial support for municipal flood 21  BILL AS INTRODUCED 	H.397 
2025 	Page 3 of 13 
 
 
VT LEG #380911 v.1 
resiliency and response programs that affect town highways.  This bill also 1 
proposes to require the Agency of Natural Resources to operate and support 2 
flood mitigation and resiliency programs that relate to surface waters, river 3 
corridors, and the creation of floodways.  This bill further proposes to create 4 
positions within the Division of Emergency Management to support 5 
municipalities with grant applications and the engineering of flood mitigation 6 
and resiliency projects.  Finally, this bill proposes to require the Department of 7 
Buildings and General Services to transfer a parcel of State property to the 8 
Town of Waterbury after completing the creation of an extended floodway on 9 
the property. 10 
An act relating to miscellaneous amendments to the statutes governing 11 
emergency management and flood response 12 
It is hereby enacted by the General Assembly of the State of Vermont:  13 
Sec. 1.  20 V.S.A. § 3a is amended to read: 14 
§ 3a.  EMERGENCY MANAGEMENT DIVISION; DUTIES; BUDGET 15 
(a)  In addition to other duties required by law, the Division of Emergency 16 
Management shall: 17 
* * * 18 
(3)  In collaboration with the Chief Recovery Officer and in consultation 19 
with the Vermont League of Cities and Towns and Vermont’s long-term 20  BILL AS INTRODUCED 	H.397 
2025 	Page 4 of 13 
 
 
VT LEG #380911 v.1 
recovery groups, shall adopt and periodically revise the Statewide Framework 1 
for Flood Preparedness, Response, and Recovery.  The Statewide Framework 2 
shall define the roles and duties of the State, municipalities, long-term recovery 3 
groups, and regional planning commissions for flood preparedness, response, 4 
and recovery.  The Division shall notify municipalities of any amendments to 5 
the Framework and shall distribute copies of the amended Framework upon the 6 
request of a municipality. 7 
(4)  In collaboration with the Chief Recovery Officer, offer financial and 8 
technical assistance to municipalities to develop and implement: 9 
(A)  emergency parking plans for flood-prone areas within a 10 
municipality; 11 
(B)  emergency shelter plans for municipal residents displaced by 12 
flooding, including the designation and notice of shelter locations and adopted 13 
plans for the distribution of food and water to displaced residents; 14 
(C)  municipal plans and systems to ensure that vulnerable 15 
populations, including aging populations and individuals with disabilities, 16 
within the municipality are contacted and visited to ensure their safety and 17 
wellness during a flood emergency; 18 
(D)  emergency notification systems to provide real-time alerts to 19 
residents, which shall utilize multichannel communication systems; and 20  BILL AS INTRODUCED 	H.397 
2025 	Page 5 of 13 
 
 
VT LEG #380911 v.1 
(E)  training to support the officers and staff that municipalities are 1 
required to maintain following a disaster, including individual assistance 2 
coordinators and disaster waste coordinators. 3 
* * * 4 
Sec. 2.  20 V.S.A. § 3b is added to read: 5 
§ 3b.  FINANCIAL ASSISTANCE FOR IMPACTED MUNICIPALITIES 6 
(a)  A municipality that has been impacted by an all-hazard flooding event 7 
shall be eligible for financial assistance from Vermont Emergency 8 
Management to cover expenses incurred by the all-hazard while awaiting 9 
reimbursement from the Federal Emergency Management Agency, including: 10 
(1)  emergency response costs; 11 
(2)  temporary housing and shelter services; and 12 
(3)  local infrastructure repairs that are necessary to maintain public 13 
safety. 14 
(b)  A municipality that has been impacted by an all-hazard flooding event 15 
shall be eligible for State funding to cover all of the local match requirements 16 
required by federal law or the Federal Emergency Management Agency for 17 
flood recovery and assistance.  18 
Sec. 3.  20 V.S.A. § 51 is added to read: 19 
§ 51.  FLOOD-PRONE PROPERTIES; ASSISTANCE PROGRAMS 20  BILL AS INTRODUCED 	H.397 
2025 	Page 6 of 13 
 
 
VT LEG #380911 v.1 
(a)  Voluntary Buyout Program. The Division of Emergency Management 1 
and the Agency of Commerce and Community Development shall establish 2 
and maintain the Voluntary Buyout Program for flood-prone properties. The 3 
Program shall allow a municipality, at the request of the owner of a flood-4 
prone property, to apply for funding to cover the purchase price of the 5 
property.  The purchase price shall be the full fair market value of the flood-6 
prone property.  7 
(b)  Homeowner Assistance Program.  The Division of Emergency 8 
Management and the Agency of Commerce and Community Development 9 
shall establish and maintain the Homeowner Assistance Program to provide 10 
financial support to the owners of residential properties for: 11 
(1)  construction projects to elevate a residential building in flood-prone 12 
areas to mitigate future risk of damage; 13 
(2)  relocation to other permanent housing in response to flood damage; 14 
and 15 
(3)  the rebuilding of residential building using flood-resilient materials 16 
or designs, including floodproof foundations and water-resistant construction. 17 
Sec. 4.  19 V.S.A. § 306 is amended to read: 18 
§ 306.  APPROPRIATION; STATE AID FOR TOWN HIGHWAYS 19 
* * * 20 
(i)  Municipal Mitigation Assistance Program.   21  BILL AS INTRODUCED 	H.397 
2025 	Page 7 of 13 
 
 
VT LEG #380911 v.1 
(1) The Agency shall administer the Municipal Mitigation Assistance 1 
Program.  Through the Program, the Agency shall:  2 
(A) provide assistance and grants to municipalities for environmental 3 
mitigation projects related to stormwater and highways and for the 4 
establishment and operation of stormwater utilities; and 5 
(B)  provide funding for rural and flood-prone municipalities to:  6 
(i)  upgrade infrastructure, including improvements to town 7 
highways, bridges, and culverts, to increase the capacity of town highway 8 
infrastructure to handle high-volume water flow; and 9 
(ii)  create and maintain emergency access routes for use during an 10 
all-hazard event, as defined by 20 V.S.A. chapter 1.  11 
(2) Municipalities shall match grants with local funds sufficient to cover 12 
20 percent of the project costs, except that the Agency may issue grants for the 13 
establishment or operation of stormwater utilities without requiring a local 14 
match.  15 
(3) From the operating expenses appropriated for the Program, the 16 
Agency is authorized to pay costs billed to the Agency by municipal 17 
stormwater utilities. 18 
* * * 19  BILL AS INTRODUCED 	H.397 
2025 	Page 8 of 13 
 
 
VT LEG #380911 v.1 
Sec. 5.  19 V.S.A. § 320 is added to read: 1 
§ 320.  AGENCY SUPPORT FOR CERTAIN TOWN HIGHWAY 2 
            PROJECTS 3 
(a)  Design of stormwater management systems.  The Agency shall provide 4 
technical assistance to municipalities for the design of upgrades for stormwater 5 
management systems affecting town highways, including the design of larger 6 
culverts, reinforced ditches, drainage systems, and any other stormwater 7 
management system that is capable of managing increased water flow due to 8 
severe weather events.  9 
(b)  Technical assistance for specialized improvements.  The Agency shall 10 
provide technical assistance to municipalities for specialized flood resiliency 11 
projects, including the alteration of bridges in flood-prone areas and the 12 
removal of dams that pose a significant risk to surrounding communities. 13 
(c)  Technical assistance for town highway improvements.  The Agency 14 
shall offer technical assistance to municipalities for:  15 
(1)  roadwork and infrastructure adaptations for severe weather events; 16 
and  17 
(2)  identifying and applying for federal, State, and regional grants to 18 
support local infrastructure projects. 19 
(d)  Asset Management System.  The Agency shall create and maintain the 20 
Asset Management System to track: 21  BILL AS INTRODUCED 	H.397 
2025 	Page 9 of 13 
 
 
VT LEG #380911 v.1 
(1)  availability of equipment that may be used to respond to an all-1 
hazard flood event, including vehicles, water pumps, and sandbags; 2 
(2)  equipment operators and personnel that are trained for disaster 3 
management and response; and 4 
(3)  locations of critical resources for efficient deployment of those 5 
resources during an emergency. 6 
(e)  Provision of flood response fleet vehicles.  The Agency shall procure 7 
and maintain a fleet of heavy machinery, including vactor trucks, necessary to 8 
assist municipalities with debris removal from flood-impacted areas and the 9 
maintenance of stormwater and flood mitigation systems to prevent future 10 
damage.  The fleet of heavy machinery shall be stored and maintained 11 
regionally throughout the State.  12 
Sec. 6.  10 V.S.A. § 1007 is added to read: 13 
§ 1007.  AGENCY DUTIES; FLOOD RESILIENCY AND STREAM FLOW 14 
              PROJECTS 15 
The Agency of Natural Resources shall establish a program to implement 16 
and improve stream flow projects in response to flood risks, including: 17 
(1)  the clearing debris from surface waters to prevent the blockage of 18 
waterways, flood plains, or other flood resiliency systems;  19 
(2)  the restoration of degraded flood-retention systems and reservoirs to 20 
their original specifications; 21  BILL AS INTRODUCED 	H.397 
2025 	Page 10 of 13 
 
 
VT LEG #380911 v.1 
(3)  the alteration of rivers or river beds to mitigate flood risk; and 1 
(4)  the permitting of alternative, cost-effective flood mitigation solutions 2 
to allow for expedited project implementation. 3 
Sec. 7.  10 V.S.A. § 1429 is added to read: 4 
§ 1429.  AGENCY DUTIES; FLOOD RESILIENCY AND RIVER 5 
              CORRIDOR NATURALIZATION PROJECTS 6 
The Agency of Natural Resources shall establish a program to designate 7 
areas at risk of severe flooding and create floodways within portions of those 8 
designated areas to mitigate the damage caused by severe flooding.  Through 9 
the program, the Agency shall also support riverbank naturalization projects to 10 
enhance ecological resilience, reduce erosion, and improve flood mitigation 11 
within designated areas. 12 
Sec. 8.  DIVISION OF EMERGENCY MANAGEMENT; POSITIONS; 13 
             APPROPRIATION 14 
(a)  The following positions are created in the Division of Emergency 15 
Management: 16 
(1)  one full-time, exempt Municipal Grant Liaison; and 17 
(2)  one full-time, exempt Flood Mitigation Technician. 18 
(b)  The Municipal Grant Liaison shall be dedicated to grant research, grant 19 
applications support, coordination between municipal corporations and the 20 
Federal Emergency Management Agency, and direct assistance to municipal 21  BILL AS INTRODUCED 	H.397 
2025 	Page 11 of 13 
 
 
VT LEG #380911 v.1 
corporations for the acquisition of grants and other funding sources for flood 1 
relief and recovery efforts.  The Flood Mitigation Technician shall be 2 
dedicated to providing or supporting engineering analyses for flood mitigation 3 
projects, oversight of municipal flood remediation and recovery projects, and 4 
managing technical assistance to municipal corporations for flood recovery. 5 
(c)  There is appropriated to the Department of Public Safety from the 6 
General Fund in fiscal year 2026 the sum of $225,000.00 to support the two 7 
positions created in this section. 8 
Sec. 9.  DIVISION OF EMERGENCY MANAGEMENT; FLOOD AND 9 
             WEATHER ALERT SYSTEMS FOR MUNICIPAL 10 
             CORPORATIONS 11 
(a)  The Division of Emergency Management shall develop flood alert 12 
systems for municipal corporations that have a population of not more than 13 
2,000 residents.  At a minimum, the Division shall make the following 14 
available to qualifying municipalities: 15 
(1) surface water flood monitoring devices, which shall automatically 16 
trigger notification systems for emergency services providers and residents; 17 
and 18 
(2)  alert systems that are integrated with a statewide weather alert 19 
system for real-time updates during severe weather events. 20  BILL AS INTRODUCED 	H.397 
2025 	Page 12 of 13 
 
 
VT LEG #380911 v.1 
(b)  The Division shall also develop and implement a statewide enhanced 1 
weather alert system, which shall: 2 
(1)  predict local and regional conditions using advanced modeling; and 3 
(2)  issue real-time warnings for flooding, blizzards, and ice storms 4 
through multiple communication channels. 5 
Sec. 10.  DEPARTMENT OF BUILDINGS AND GENERAL SERVICES; 6 
               TRANSFER OF RANDALL MEADOW PROPERTY IN THE 7 
               TOWN OF WATERBURY 8 
On or before July 1, 2026, the Department of Buildings and General 9 
Services shall finalize a transfer of State-owned real property in the Town of 10 
Waterbury referred to as the “Randall Meadow.”  The Department shall grant 11 
the Town the ability to either acquire ownership of the property or an option to 12 
purchase the property, which shall remain available for a period of ten years. 13 
The Department shall transfer this property to the Town of Waterbury.  The 14 
Town may use the property for future flood-resilient redevelopment.  Prior to 15 
completing the transfer, the Department shall contract for engineering and 16 
other necessary services to create a higher volume floodway within the bounds 17 
of the property. 18 
Sec. 11.  DIVISION OF EMERGENCY MANAGEMENT; STATE 19 
               STAKEHOLDERS; NEEDS ASSESSMENT; REPORT 20  BILL AS INTRODUCED 	H.397 
2025 	Page 13 of 13 
 
 
VT LEG #380911 v.1 
The Division of Emergency Management, Chief Recovery Officer, Agency 1 
of Commerce and Community Development, Agency of Natural Resources, 2 
and Agency of Transportation shall conduct a needs assessment to identify any 3 
additional staffing, resources, technical needs, or authority needed to carry out 4 
the provisions of this act.  On or before December 15, 2025, the Division shall 5 
submit a written report to the House Committees on Appropriations and on 6 
Government Operations and Military Affairs and the Senate Committees on 7 
Appropriations and on Government Operations containing the needs 8 
assessments conducted by the State agencies and departments identified in this 9 
section. 10 
Sec. 12.  EFFECTIVE DATE 11 
This act shall take effect on July 1, 2025. 12