Vermont 2025-2026 Regular Session

Vermont Senate Bill S0024 Compare Versions

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11 BILL AS INTRODUCED S.24
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55 VT LEG #379420 v.1
66 S.24 1
77 Introduced by Senator Chittenden 2
88 Referred to Committee on 3
99 Date: 4
1010 Subject: Conservation and development; water quality; stormwater; three-acre 5
1111 permit 6
1212 Statement of purpose of bill as introduced: This bill proposes to amend 7
1313 requirements related to the permitting of stormwater systems in the State. The 8
1414 bill would extend the deadline by which owners of impervious surface subject 9
1515 to the three-acre impervious surface permit must complete permitting. The bill 10
1616 also would allow municipalities that assume full legal responsibility for a 11
1717 stormwater system to assess municipal impact fees on users of the stormwater 12
1818 system. In addition, the bill extends from July 1, 2027 to July 1, 2036 the 13
1919 assessment of the 0.22 percent clean water surcharge on the property transfer 14
2020 tax. The bill also would establish the Local Community Implementation 15
2121 Special Fund to provide grants to municipalities to assist in the stormwater 16
2222 permitting of residential subdivisions or orphan systems in the State. 17
2323 An act relating to stormwater management 18
2424 It is hereby enacted by the General Assembly of the State of Vermont: 19
2525 Sec. 1. 10 V.S.A. § 1264 is amended to read: 20 BILL AS INTRODUCED S.24
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2929 VT LEG #379420 v.1
3030 § 1264. STORMWATER MANAGEMENT 1
3131 * * * 2
3232 (b) Definitions. As used in this section: 3
3333 * * * 4
3434 (2) “Development” means the construction of impervious surface on a 5
3535 tract or tracts of land where no impervious surface previously existed. 6
3636 (3) “Expansion” and “the expanded portion of an existing discharge” 7
3737 mean an increase or addition of impervious surface, such that the total resulting 8
3838 impervious area is greater than the minimum regulatory threshold. 9
3939 * * * 10
4040 (6) “Impervious surface” means those manmade surfaces, including 11
4141 paved and unpaved roads, parking areas, roofs, driveways, and walkways, from 12
4242 which precipitation runs off rather than infiltrates. 13
4343 * * * 14
4444 (10) “Regulated stormwater runoff” means precipitation, snowmelt, and 15
4545 the material dissolved or suspended in precipitation and snowmelt that runs off 16
4646 impervious surfaces and discharges into surface waters or into groundwater via 17
4747 infiltration. 18
4848 (11) “Stormwater impact fee” means the monetary charge assessed to a 19
4949 permit applicant for the discharge of regulated stormwater runoff in order to 20
5050 mitigate impacts that the discharger is unable to control through on-site 21 BILL AS INTRODUCED S.24
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5454 VT LEG #379420 v.1
5555 treatment or completion of an offset on a site owned or controlled by the 1
5656 permit applicant. 2
5757 (12) “Stormwater-impaired water” means a State water that the 3
5858 Secretary determines is significantly impaired by discharges of regulated 4
5959 stormwater runoff. 5
6060 (13) “Stormwater Management Manual” means the Agency of Natural 6
6161 Resources’ Stormwater Management Manual, as adopted and amended by rule. 7
6262 (14) “Stormwater runoff” means precipitation and snowmelt that does 8
6363 not infiltrate into the soil, including material dissolved or suspended in it, but 9
6464 does not include discharges from undisturbed natural terrain or wastes from 10
6565 combined sewer overflows. 11
6666 (15) “Stormwater system” includes the storm sewers; outfall sewers; 12
6767 surface drains; manmade wetlands; channels; ditches; wet and dry bottom 13
6868 basins; rain gardens; and other control equipment necessary and appurtenant to 14
6969 the collection, transportation, conveyance, pumping, treatment, disposal, and 15
7070 discharge of regulated stormwater runoff. 16
7171 (16) “Total maximum daily load” (TMDL) means the calculations and 17
7272 plan for meeting water quality standards approved by the U.S. Environmental 18
7373 Protection Agency (EPA) and prepared pursuant to 33 U.S.C. § 1313(d) and 19
7474 federal regulations adopted under that law. 20
7575 * * * 21 BILL AS INTRODUCED S.24
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7979 VT LEG #379420 v.1
8080 (c) Prohibitions. 1
8181 (1) A person shall not commence the construction or redevelopment of 2
8282 one-half of an acre or more of impervious surface without first obtaining a 3
8383 permit from the Secretary. 4
8484 * * * 5
8585 (7) In accordance with the schedule established under subdivision (g)(3) 6
8686 of this section, a person shall not discharge stormwater from impervious 7
8787 surface located within the Lake Champlain watershed or the Lake 8
8888 Memphremagog watershed of three or more acres in size without first 9
8989 obtaining an individual permit or coverage under a general permit issued under 10
9090 this section if the discharge was never previously permitted or was permitted 11
9191 under an individual permit or general permit that did not incorporate the 12
9292 requirements of the 2002 Stormwater Management Manual or any 13
9393 subsequently adopted Stormwater Management Manual. 14
9494 (d) Exemptions. 15
9595 * * * 16
9696 (2) No permit is required under subdivision (c)(1), (5), or (7) of this 17
9797 section and for which a municipality has assumed full legal responsibility as 18
9898 part of a permit issued to the municipality by the Secretary. As used in this 19
9999 subdivision, “full legal responsibility” means legal control of the stormwater 20
100100 system, including a legal right to access the stormwater system, a legal duty to 21 BILL AS INTRODUCED S.24
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104104 VT LEG #379420 v.1
105105 properly maintain the stormwater system, and a legal duty to repair and replace 1
106106 the stormwater system when it no longer adequately protects waters of the 2
107107 State. When a municipality assumes full legal responsibility for a stormwater 3
108108 system, the municipality may assess municipal impact fees on users of the 4
109109 stormwater system provided that the impact fee assessed is a fair 5
110110 apportionment to the user of the cost of the improvement in accordance with 6
111111 the benefits the user received. 7
112112 * * * 8
113113 (f) Rulemaking. On or before December 31, 2017, the Secretary shall 9
114114 adopt rules to manage stormwater runoff. At a minimum, the rules shall: 10
115115 * * * 11
116116 (7) Allow municipal governments to assume the full legal responsibility 12
117117 for a stormwater system permitted under these rules as a part of a permit issued 13
118118 by the Secretary, including authority of municipalities to assess municipal 14
119119 impact fees on users of a stormwater system for which the municipal 15
120120 government has assumed full responsibility. 16
121121 (8) Include standards with respect to the use of offsets and stormwater 17
122122 impact fees. 18
123123 * * * 19
124124 (g) General permits. 20 BILL AS INTRODUCED S.24
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127127
128128 VT LEG #379420 v.1
129129 (1) The Secretary may issue general permits for classes of stormwater 1
130130 runoff that shall be adopted and administered in accordance with the provisions 2
131131 of subsection 1263(b) of this title. 3
132132 * * * 4
133133 (3) Within 120 days after the adoption by the Secretary of the rules 5
134134 required under subsection (f) of this section, the Secretary shall issue a general 6
135135 permit under this section for discharges of stormwater from impervious surface 7
136136 of three or more acres in size, when the stormwater discharge previously was 8
137137 not permitted or was permitted under an individual permit or general permit 9
138138 that did not incorporate the requirements of the 2002 Stormwater Management 10
139139 Manual or any subsequently adopted Stormwater Management Manual. Under 11
140140 the general permit, the Secretary shall: 12
141141 (A) Establish a schedule for implementation of the general permit by 13
142142 geographic area of the State. The schedule shall establish the date by which an 14
143143 owner of impervious surface shall apply for coverage under this subdivision 15
144144 (3). The schedule established by the Secretary shall require an owner of 16
145145 impervious surface subject to permitting under this subdivision to obtain 17
146146 coverage by the following dates: 18
147147 (i) for impervious surface located within the Lake Champlain 19
148148 watershed, the Lake Memphremagog watershed, or the watershed of a 20
149149 stormwater-impaired water on or before October 1, 2023; and 2028 21 BILL AS INTRODUCED S.24
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153153 VT LEG #379420 v.1
154154 (ii) for impervious surface located within all other watersheds of 1
155155 the State, no later than October 1, 2033. 2
156156 (B) Establish criteria and technical standards, such as best 3
157157 management practices, for implementation of stormwater improvements for the 4
158158 retrofitting of impervious surface subject to permitting under this subdivision 5
159159 (3). 6
160160 (C) Require that a discharge of stormwater from impervious surface 7
161161 subject to the requirements of this section comply with the standards of 8
162162 subsection (h) of this section for redevelopment of or renewal of a permit for 9
163163 existing impervious surface. 10
164164 (D) Allow the use of stormwater impact fees, offsets, and phosphorus 11
165165 credit trading within the watershed of the water to which the stormwater 12
166166 discharges or runs off. 13
167167 * * * 14
168168 Sec. 2. 2017 Acts and Resolves No. 85, Sec. I.12 is amended to read: 15
169169 Sec. I.12. EFFECTIVE DATES 16
170170 (a) Secs. I.1–I.12 shall take effect on July 1, 2017, except that Sec. I.10 17
171171 (allocating clean water surcharge revenue to Vermont Housing and 18
172172 Conservation Trust Fund) shall take effect on July 1, 2027 2036. 19
173173 Sec. 3. 2017 Acts and Resolves No. 85, Sec. I.7(d) is amended to read: 20 BILL AS INTRODUCED S.24
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177177 VT LEG #379420 v.1
178178 (d) To compensate for this reduction of available property transfer tax 1
179179 revenue, it is the intent of the General Assembly through this act to provide for 2
180180 the transfer of $2,500,000.00 to the Vermont Housing and Conservation Trust 3
181181 Fund, as follows: 4
182182 (1) Sec. D.100 of this act appropriates $11,304,840.00 in fiscal year 5
183183 2018 from the Vermont Housing and Conservation Trust Fund to the Vermont 6
184184 Housing and Conservation Board. Upon the effective date of this act, 7
185185 $1,500,000.00 shall revert to the Fund, resulting in a fiscal year 2018 total 8
186186 appropriation to the Board of $9,804,840.00. In fiscal year 2018 only, the 9
187187 amount of $1,500,000.00 from the Vermont Housing and Conservation Trust 10
188188 Fund shall be transferred to the General Fund. 11
189189 (2) As provided in Sec. I.9 of this act, from July 1, 2017 until 12
190190 July 1, 2027 2036, pursuant to 32 V.S.A. § 9602a, the first $1,000,000.00 in 13
191191 revenue generated by the clean water surcharge of 0.2 percent shall be 14
192192 transferred to the Vermont Housing and Conservation Trust Fund. In fiscal 15
193193 year 2018 only, the Commissioner shall transfer the amount of $1,000,000.00 16
194194 from the Vermont Housing and Conservation Trust Fund to the General Fund. 17
195195 (3) After July 1, 2027 2036, pursuant to 32 V.S.A. § 9602a as amended 18
196196 in Sec. I.10 of this act, $1,000,000.00 in total revenue generated by the clean 19
197197 water surcharge of 0.04 percent shall be transferred to the Vermont Housing 20
198198 and Conservation Trust Fund. 21 BILL AS INTRODUCED S.24
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202202 VT LEG #379420 v.1
203203 (4) As provided in Sec. I.11 of this act, the clean water surcharge will be 1
204204 repealed in its entirety on July 1, 2039. 2
205205 Sec. 4. 10 V.S.A. § 1264c is added to read: 3
206206 § 1264c. LOCAL COMMUNITY IMPLEMENTATION SPECIAL FUND 4
207207 (a) There is established the Local Community Implementation Special 5
208208 Fund to be administered by the Secretary of Natural Resources in accordance 6
209209 with 32 V.S.A. chapter 7, subchapter 5 to provide grants to municipalities to 7
210210 assist in the stormwater permitting of residential subdivisions or orphan 8
211211 systems in the State. The Fund shall consist of: 9
212212 (1) an annual appropriation of at least $1,000,000.00 from the Clean 10
213213 Water Fund; 11
214214 (2) private gifts, bequests, and donations made to the State for any of the 12
215215 purposes for which the Fund was established; and 13
216216 (3) other funds from any public or private source intended for use for 14
217217 any of the purposes for which the Fund has been established. 15
218218 (b) The Secretary may issue grants from the funds to: 16
219219 (1) a municipality subject to the permitting requirement under 17
220220 subdivision 1264(c)(3) of this title for its municipal separate storm sewer 18
221221 system when the municipality assumes under its municipal separate storm 19
222222 sewer system permit the permitting requirements of an orphan system or other 20
223223 residential stormwater system under subdivision 1264(d)(2) of this title; or 21 BILL AS INTRODUCED S.24
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227227 VT LEG #379420 v.1
228228 (2) a municipality that is not subject to the permitting requirement under 1
229229 subdivision 1264(c)(3) of this title for its municipal separate storm sewer 2
230230 system when the municipality assumes the full legal responsibility for a 3
231231 stormwater system under subdivision 1264(d)(2) of this title or agrees to be a 4
232232 co-applicant for a permit for an orphan system within the municipality. 5
233233 (c) The Secretary of Natural Resources shall accept applications for grants 6
234234 from the Fund until September 1 of each fiscal year. Grants shall be awarded 7
235235 on a priority basis for stormwater systems with impending timing constraints 8
236236 or for those projects that will achieve the greatest reduction in pollutant load. 9
237237 (d) Annually, on or before January 31, the Department shall report to the 10
238238 House Committee on Environment and the Senate Committee on Natural 11
239239 Resources and Energy regarding operation and administration of the Local 12
240240 Community Implementation Special Fund. The report shall include a 13
241241 description of each grant awarded from the Fund in the previous calendar year. 14
242242 (e) As used in this section, “orphan stormwater system” means a 15
243243 stormwater system: 16
244244 (1) that serves a residential subdivision; 17
245245 (2) that operates under an expired stormwater discharge permit or was 18
246246 never issued a stormwater discharge permit; and 19
247247 (3) for which the original permittee, in the discretion of the Secretary of 20
248248 Natural Resources, is no longer associated with the system. 21 BILL AS INTRODUCED S.24
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252252 VT LEG #379420 v.1
253253 Sec. 5. 10 V.S.A. § 1389(e) is amended to read: 1
254254 (e) Priorities. In making recommendations under subsection (d) of this 2
255255 section regarding the appropriate allocation of funds from the Clean Water 3
256256 Fund, the Board shall prioritize as follows: 4
257257 (1) As a first priority, make recommendations regarding funding for the 5
258258 following grants and programs, which shall each be given equal priority: 6
259259 (A) grants to clean water service providers to fund the reasonable 7
260260 costs associated with the inspection, verification, operation, and maintenance 8
261261 of clean water projects in a basin; 9
262262 (B) grants to municipalities or property owners to assist with the 10
263263 costs of complying with permitting requirements under subdivisions 11
264264 1264(c)(1) and (7) of this title; 12
265265 (C) the Water Quality Restoration Formula Grant under section 925 13
266266 of this title; 14
267267 (C)(D) the Agency of Agriculture, Food and Markets’ agricultural 15
268268 water quality programs; and 16
269269 (D)(E) the Water Quality Enhancement Grants under section 926 of 17
270270 this title at a funding level of at least 20 percent of the annual balance of the 18
271271 Clean Water Fund, provided that the maximum amount recommended under 19
272272 this subdivision (D) (E) in any year shall not exceed $5,000,000.00; and 20 BILL AS INTRODUCED S.24
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276276 VT LEG #379420 v.1
277277 (E)(F) funding to partners for basin planning, basin water quality 1
278278 council participation, education, and outreach as provided in subdivision 2
279279 1253(d)(3) of this title, provided funding shall be at least $500,000.00. 3
280280 (2) As the next priority after reviewing funding requests for programs 4
281281 identified under subdivision (1) of this subsection: 5
282282 (A) funding to programs or projects that address or repair riparian 6
283283 conditions that increase the risk of flooding or pose a threat to life or property; 7
284284 (B) funding for education and outreach regarding the implementation 8
285285 of water quality requirements, including funding for education, outreach, 9
286286 demonstration, and access to tools for the implementation of the Acceptable 10
287287 Management Practices for Maintaining Water Quality on Logging Jobs in 11
288288 Vermont, as adopted by the Commissioner of Forests, Parks and Recreation; 12
289289 (C) funding for the Municipal Stormwater Implementation Grant as 13
290290 provided in section 928 of this title; 14
291291 (D) funding for innovative or alternative technologies or practices 15
292292 designed to improve water quality or reduce sources of pollution to surface 16
293293 waters, including funding for innovative nutrient removal technologies and 17
294294 community-based methane digesters that utilize manure, wastewater, and food 18
295295 residuals to produce energy; and 19 BILL AS INTRODUCED S.24
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299299 VT LEG #379420 v.1
300300 (E) funding to purchase agricultural land in order to take that land out 1
301301 of practice when the State water quality requirements cannot be remediated 2
302302 through agricultural Best Management Practices. 3
303303 (3) As the next priority after reviewing funding requests under 4
304304 subdivisions (1) and (2) of this subsection, funding for the Developed Lands 5
305305 Implementation Grant Program as provided in section 927 of this title. 6
306306 Sec. 6. APPROPRIATION 7
307307 Notwithstanding any other provision of law, $5,000,000.00 is transferred 8
308308 from the Clean Water Fund to the Local Community Implementation Special 9
309309 Fund in fiscal year 2025. 10
310310 Sec. 7. 24 V.S.A. § 3616 is amended to read: 11
311311 § 3616. RENTS; RATES 12
312312 (a) A municipal corporation, through its board may establish rates, rents, or 13
313313 charges to be paid as the board may prescribe. The board may establish annual 14
314314 charges separately for bond repayment, fixed operations and maintenance costs 15
315315 and variable operations and maintenance costs dependent on flow. 16
316316 (b) The rates, rents, or charges may be based upon: 17
317317 (1) the metered consumption of water on premises connected with the 18
318318 sewer system, however, the board may determine no user will be billed for 19
319319 fixed operations and maintenance costs and bond payment less than the 20
320320 average single-family charge; 21 BILL AS INTRODUCED S.24
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324324 VT LEG #379420 v.1
325325 (2) the number of equivalent units connected with or served by the 1
326326 sewage system based upon their estimated flows compared to the estimated 2
327327 flows from a single-family dwelling, however, the board may determine no 3
328328 user will be billed less than the minimum charge determined for the single-4
329329 family dwelling charge for fixed operations and maintenance costs and bond 5
330330 payment; 6
331331 * * * 7
332332 (6) for groundwater, surface, or stormwater an equivalent residential 8
333333 unit based on an average or median of the area of impervious surface on 9
334334 residential property within the municipality; or 10
335335 (7) any combination of these bases, provided the combination is 11
336336 equitable. 12
337337 * * * 13
338338 Sec. 8. EFFECTIVE DATE 14
339339 This act shall take effect on July 1, 2025. 15