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