| 1 | 1 | | BILL AS INTRODUCED S.40 |
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| 2 | 2 | | 2025 Page 1 of 3 |
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| 5 | 5 | | VT LEG #379767 v.1 |
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| 6 | 6 | | S.40 1 |
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| 7 | 7 | | Introduced by Senator Westman 2 |
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| 8 | 8 | | Referred to Committee on 3 |
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| 9 | 9 | | Date: 4 |
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| 10 | 10 | | Subject: Public safety; emergency management; dams; drawdown; flood event 5 |
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| 11 | 11 | | Statement of purpose of bill as introduced: This bill proposes to authorize the 6 |
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| 12 | 12 | | Governor during a declared state of emergency to authorize the Agency of 7 |
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| 13 | 13 | | Natural Resources to waive applicable water quality permits or requirements to 8 |
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| 14 | 14 | | allow dams within the State to draw down water levels in anticipation of a 9 |
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| 15 | 15 | | flood event likely to cause substantial damage or injury to persons or property. 10 |
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| 16 | 16 | | An act relating to authorizing drawdown of dams during emergency flood 11 |
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| 17 | 17 | | events 12 |
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| 18 | 18 | | It is hereby enacted by the General Assembly of the State of Vermont: 13 |
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| 19 | 19 | | Sec. 1. 20 V.S.A. § 9 is amended to read: 14 |
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| 20 | 20 | | § 9. EMERGENCY POWERS OF GOVERNOR 15 |
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| 21 | 21 | | Subject to the provisions of this chapter, in the event of an all-hazards event 16 |
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| 22 | 22 | | in or directed upon the United States or Canada that causes or may cause 17 |
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| 23 | 23 | | substantial damage or injury to persons or property within the State in any 18 |
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| 24 | 24 | | manner, the Governor may declare a state of emergency within the entire State 19 |
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| 25 | 25 | | or any portion or portions of the State. Thereafter, the Governor shall have and 20 BILL AS INTRODUCED S.40 |
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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 #379767 v.1 |
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| 30 | 30 | | may exercise for as long as the Governor determines the emergency to exist the 1 |
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| 31 | 31 | | following additional powers within such area or areas: 2 |
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| 32 | 32 | | * * * 3 |
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| 33 | 33 | | (11) In consultation with the Secretary of Natural Resources or 4 |
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| 34 | 34 | | designee, to authorize the Agency to issue temporary emergency permits, with 5 |
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| 35 | 35 | | appropriate conditions to minimize significant adverse environmental impacts, 6 |
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| 36 | 36 | | after limited or no opportunity for public comment, allowing site preparation 7 |
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| 37 | 37 | | for, construction of, or operation of an electric transmission facility or a 8 |
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| 38 | 38 | | generating facility necessary to ensure the stability or reliability of the electric 9 |
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| 39 | 39 | | system or a natural gas facility. A permit issued under this subdivision shall be 10 |
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| 40 | 40 | | subject to conditions required by the Governor and shall be valid for the 11 |
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| 41 | 41 | | duration of the declared emergency plus 180 days, or such lesser overall term 12 |
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| 42 | 42 | | as determined by the Governor. Upon the expiration of a temporary 13 |
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| 43 | 43 | | emergency permit under this subdivision, if any applicable permits have not 14 |
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| 44 | 44 | | been issued by the Secretary or the Commissioner of Environmental 15 |
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| 45 | 45 | | Conservation, the Secretary may seek enforcement under applicable law. 16 |
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| 46 | 46 | | (12) In consultation with the Secretary of Natural Resources or 17 |
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| 47 | 47 | | designee, to authorize the Agency to waive applicable permits and restrictions 18 |
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| 48 | 48 | | under 10 V.S.A. chapter 47 or the Vermont Water Quality Standards to allow 19 |
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| 49 | 49 | | dams within the State to draw down water levels in anticipation of a flood 20 |
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| 50 | 50 | | event that is likely to cause substantial damage or injury to persons or property. 21 BILL AS INTRODUCED S.40 |
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| 51 | 51 | | 2025 Page 3 of 3 |
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| 53 | 53 | | |
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| 54 | 54 | | VT LEG #379767 v.1 |
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| 55 | 55 | | Waivers may only be issued if the Governor, in consultation with the Secretary 1 |
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| 56 | 56 | | of Natural Resources or designee, has significant reason to believe doing so 2 |
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| 57 | 57 | | will decrease the risk of substantial damage to persons or property within the 3 |
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| 58 | 58 | | State. Dam operators operating under a waiver shall be required make every 4 |
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| 59 | 59 | | effort to minimize the environmental impact of a water level drawdown under 5 |
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| 60 | 60 | | the authorized waiver. 6 |
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| 61 | 61 | | Sec. 2. EFFECTIVE DATE 7 |
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| 62 | 62 | | This act shall take effect on passage. 8 |
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