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H 319

Vermont HouseIn Senate Committee

Summary

H 319, an act relating to miscellaneous environmental subjects, was introduced in the House on Feb 25, 2025 by Rep. Amy Sheldon (D). It was referred to Natural Resources and Energy, and last saw action on May 28, 2025: Rules suspended & bill committed to Committee on Natural Resources and Energy with the report of Committee on Natural Resources and Energy; Finance; and Appropriations intact, on motion of Senator Baruth.


Record

Text

H 319 has no co-sponsors and has not gone to a roll call.

h319/engrossed.txt
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H.319
Introduced by Representative Sheldon of Middlebury
Referred to Committee on
Date:
Subject: Conservation and development; solid waste; flood safety; wetlands;
dams
Statement of purpose of bill as introduced: This bill proposes to amend
multiple environmental subjects. The bill would extend by a year the date by
which an assessment of the end-of-life management of certain battery types
shall be conducted and requires the battery stewardship organization in the
State to complete the assessment instead of the Agency of Natural Resources.
The bill also clarifies when a fuel dealer can deliver to a category one tank that
does not have a valid permit or otherwise may result in a release to the
environment. The bill would provide that information submitted to the
Department of Environmental Conservation under the Healthy Homes
Initiative shall be considered confidential. In addition, the bill would extend
multiple deadline dates for reporting or rulemaking for specific flood safety,
river corridor, wetlands, and dam programs.
An act relating to miscellaneous environmental subjects
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It is hereby enacted by the General Assembly of the State of Vermont:
* * * Battery Extended Producer Responsibility * * *
Sec. 1. 2024 Acts and Resolves No. 152, Sec. 3 is amended to read:
Sec. 3. ANR BATTERY ASSESSMENT
(a) On or before July 1, 2026, the Secretary of Natural Resources 2027, the
stewardship organization formed pursuant to 10 V.S.A. chapter 168 shall
complete an assessment of the opportunities, challenges, and feasibility of
establishing mandatory end-of-life management programs for the following
battery types:
(1) batteries used in hybrid and electric vehicles;
(2) battery energy storage systems; and
(3) batteries that are not easily removable from the products they power.
(b) The assessment required by this section shall include:
(1) a summary of the work and progress other states have made in
establishing end-of-life management programs for the three battery types listed
under subsection (a) of this section; and
(2) policy recommendations on whether mandatory end-of-life
management programs are necessary for the battery types listed under
subsection (a) of this section.
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(c) The assessment required by this section shall be provided to the
Secretary of Natural Resources, the House Committee on Environment and
Energy, and the Senate Committee on Natural Resources and Energy.
* * * Fuel Storage Tanks * * *
Sec. 2. 10 V.S.A. § 1927(d) is amended to read:
(d) No person shall deliver a regulated substance to a category one tank
that is visibly designated by the Agency as not having a valid permit or not
meeting standards adopted by the Secretary related to corrosion protection,
spill prevention, leak detection, financial responsibility, or overfill protection
that may result in the tank releasing a regulated substance to the environment.
* * * Household Hazardous Waste Extended Producer Responsibility * * *
Sec. 3. 10 V.S.A. § 7181 is amended to read:
§ 7181. DEFINITIONS
As used in this chapter:
***
(4)(A) “Covered household hazardous product” means a consumer
product offered for retail sale that is contained in the receptacle in which the
product is offered for retail sale, if the product has any of the following
characteristics:
(i) the product or a component of the product is a hazardous waste
under subchapter 2 of the Vermont Hazardous Waste Management
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Regulations, regardless of the status of the generator of the hazardous waste;
or
(ii) the product is a gas cylinder.
(B) “Covered household hazardous product” does not mean any of
the following:
***
(iv) architectural paint paint-related products as that term is
defined in section 6672 of this title;
***
Sec. 4. 10 V.S.A. § 7182 is amended to read:
§ 7182. SALE OF COVERED HOUSEHOLD HAZARDOUS PRODUCTS;
STEWARDSHIP ORGANIZATION REGISTRATION;
MANUFACTURER REGISTRATION
(a) Sale prohibited.
(1) A manufacturer of a covered household hazardous product shall not
sell, offer for sale, or deliver to a retailer for subsequent sale a covered
household hazardous product without registering with the stewardship
organization pursuant to subsection (c) of this section.
(2) Beginning six months after a final decision on the adequacy of a
collection plan by the Secretary, a manufacturer of a covered household
hazardous product shall not sell, offer for sale, or deliver to a retailer for
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subsequent sale a covered household hazardous product unless all the
following have been met:
(1)(A) The manufacturer is participating in a stewardship
organization implementing an approved collection plan.
(2)(B) The name of the manufacturer, the manufacturer’s brand, and
the name of the covered household hazardous product are submitted to the
Agency of Natural Resources by a stewardship organization and listed on the
stewardship organization’s website as covered by an approved collection plan.
(3)(C) The stewardship organization in which the manufacturer
participates has submitted an annual report consistent with the requirements of
section 7185 of this title.
(4)(D) The stewardship organization in which the manufacturer
participates has conducted a plan audit consistent with the requirements of
subsection 7185(b) of this title.
(b) Stewardship organization registration requirements.
(1) On or before July 1, 2025 and annually thereafter, a stewardship
organization shall file a registration form with the Secretary. The Secretary
shall provide the registration form to the stewardship organization. The
registration form shall include:
(A) a list of the manufacturers participating in the stewardship
organization;
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(B) a list of the brands of each manufacturer participating in the
stewardship organization;
(C) a list of the covered household hazardous products of each
manufacturer participating in the stewardship organization;
(D) the name, address, and contact information of a person
responsible for ensuring compliance with this chapter;
(E) a description of how the stewardship organization meets the
requirements of subsection 7184(b) of this title, including any reasonable
requirements for participation in the stewardship organization; and
(F)(B) the name, address, and contact information of a person for a
nonmember manufacturer to contact regarding how to participate in the
stewardship organization to satisfy the requirements of this chapter.
(2) A renewal of a registration without changes may be accomplished
through notifying the Agency of Natural Resources on a form provided by the
Agency Beginning July 1, 2026 and annually thereafter, a stewardship
organization shall renew its registration with the Secretary. A renewal
registration shall include the following:
(A) a list of the manufacturers participating in the stewardship
organization;
(B) a list of the brands of each manufacturer participating in the
stewardship organization;
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(C) a list of the covered household hazardous products of each
manufacturer participating in the stewardship organization;
(D) the name, address, and contact information of a person
responsible for ensuring compliance with this chapter;
(E) a description of how the stewardship organization meets the
requirements of subsection 7184(b) of this title, including any reasonable
requirements for participation in the stewardship organization; and
(F) the name, address, and contact information of a person for a
nonmember manufacturer to contact regarding how to participate in the
stewardship organization to satisfy the requirements of this chapter.
(c) Manufacturer registration. On or before November 1, 2025, a
manufacturer of a covered household hazardous product shall register with the
stewardship organization in a manner proscribed by the stewardship
organization.
Sec. 5. 10 V.S.A. § 7183 is amended to read:
§ 7183. COLLECTION PLANS
(a) Collection plan required. Prior to July 1, 2025 On or before July 1,
2026, any stewardship organization registered with the Secretary as
representing manufacturers of covered household hazardous products shall
coordinate and submit to the Secretary for review one collection plan for all
manufacturers.
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(b) Collection plan; minimum requirements. Each collection plan shall
include, at a minimum, all of the following requirements:
(1) Initial plan. The initial plan shall last for a period not to exceed
three years and contain, at a minimum, the following requirements:
(A) List of participants. A list of the manufacturers, brands, and
products participating in the collection plan and a methodology for adding and
removing manufacturers and notifying the Agency of new participants.
(2)(B) Free statewide collection of covered household hazardous
products. The collection program shall provide for reimburse municipalities
when a municipality provides for free, convenient, and accessible statewide
opportunities for the collection from covered entities of covered household
hazardous products, including orphan covered products. A stewardship
organization shall accept all covered household hazardous products collected
from a covered entity and shall not refuse the collection of a covered
household hazardous product, including orphan covered household products,
based on the brand or manufacturer of the covered household hazardous
product unless specifically exempt from this requirement. The collection
program shall also provide for the payment of collection, processing, and end-
of-life management of the covered household hazardous products. Collection
costs include facility costs, equipment costs, labor, supplies, maintenance,
events costs, and event contractor costs, including collection event set-up fees,
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environmental service fees, insurance fees, and shipping containers and
materials.
(3) Convenient collection location. The stewardship organization shall
develop a collection program that allows all municipal household hazardous
waste collection programs to opt to be a part of the collection plan, including
collection events and facilities offered by solid waste planning entities. The
plan shall make efforts to site points of collection equitably across all regions
of the State to allow for convenient and reasonable access of all Vermonters to
collection facilities or collection events.
(4) Public education and outreach. The collection plan shall include an
education and outreach program that shall include a website and may include
media advertising, retail displays, articles and publications, and other public
educational efforts. Outreach and education shall be suitable for the State’s
diverse ethnic populations, through translated and culturally appropriate
materials, including in-language and targeted outreach. Public education and
outreach should include content to increase meaningful participation by
environmental justice focus populations as required by 3 V.S.A. chapter 72.
During the first year of program implementation and two years after adoption
of the collection plan, each stewardship organization shall carry out a survey
of public awareness regarding the requirements of the program established
under this chapter that can identify communities that have disparities in
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awareness and need more outreach. Each stewardship organization shall share
the results of the public awareness surveys with the Secretary. If multiple
stewardship organizations are implementing plans approved by the Secretary,
the stewardship organizations shall coordinate in carrying out their education
and outreach responsibilities under this subdivision and shall include in their
annual reports to the Secretary a summary of their coordinated education and
outreach efforts. The education and outreach program and website shall notify
the public of the following:
(A) that there is a free collection program for covered household
hazardous products;
(B) the location and hours of operation of collection points and how
a covered entity can access this collection program;
(C) the special handling considerations associated with covered
household hazardous products; and
(D) source reduction information for consumers to reduce leftover
covered household products.
(5) Compliance with appropriate environmental standards. In
implementing a collection plan, a stewardship organization shall comply with
all applicable laws related to the collection, transportation, and disposal of
hazardous waste. A stewardship organization shall comply with any special
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handling or disposal standards established by the Secretary for covered
household hazardous products or for the collection plan of the manufacturer.
(6) Method of disposition. The collection plan shall describe how
covered household hazardous products will be managed in the most
environmentally and economically sound manner, including following the
waste-management hierarchy. The management of covered household
hazardous products under the collection plan shall use management activities
in the following priority order: source reduction, reuse, recycling, energy
recovery, and disposal. Collected covered household hazardous products shall
be recycled when technically and economically feasible.
(7) Performance goals. A collection plan shall include:
(A) A performance goal for covered household hazardous products
determined by the number of total participants at collection events and
facilities listed in the collection plan during a program year divided by the
total number of households. The number of households shall include seasonal
households. The calculation methodology for the number of households shall
be included in the plan.
(B) At a minimum, the collection performance goal for the first
approved plan shall be an annual participation rate of five percent of the
households for every collection program based on the number of households
the collection program serves. After the initial approved program plan, the
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stewardship organization shall propose performance goals for subsequent
program plans. The Secretary shall approve the performance goals for the
plan at least every five years. The stewardship organization shall use the
results of the most recent waste composition study required under 6604 of this
title and other relevant factors to propose the performance goals of the
collection plan. If a stewardship organization does not meet its performance
goals, the Secretary may require the stewardship organization to revise the
collection plan to provide for one or more of the following: additional public
education and outreach, additional collection events, or additional hours of
operation for collection sites. A stewardship organization is not authorized to
reduce or cease collection, education and outreach, or other activities
implemented under an approved plan on the basis of achievement of program
performance goals.
(8)(C) Collection plan funding. The collection plan shall describe how
the stewardship organization will fund the implementation of the collection
plan and collection activities under the plan, including the costs for education
and outreach, collection, processing, and end-of-life management of the
covered household hazardous product all municipal collection offered to the
public in a base program year. A base program year shall be based on the
services provided in calendar year 2024 and any other collection facilities or
events approved by the Secretary. Collection costs include facility costs,
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equipment costs, labor, supplies, maintenance, events costs, and event
contractor costs, including collection event set-up fees, environmental service
fees, insurance fees, and shipping containers and materials. The collection
plan shall include how municipalities will be compensated for all costs
attributed to collection of covered household hazardous products. The
Secretary shall resolve disputes relating to compensation.
(2) Subsequent plans. After the expiration of the initial plan approved
by the Secretary, the collection plan shall include, at a minimum, the
following:
(A) List of participants. A list of the manufacturers, brands, and
products participating in the collection plan and a methodology for adding and
removing manufacturers and notifying the Agency of new participants.
(B) Free statewide collection of covered household hazardous
products. The collection program shall provide for free, convenient, and
accessible statewide opportunities for the collection from covered entities of
covered household hazardous products, including orphan covered products. A
stewardship organization shall accept all covered household hazardous
products collected from a covered entity and shall not refuse the collection of a
covered household hazardous product, including orphan covered household
products, based on the brand or manufacturer of the covered household
hazardous product unless specifically exempt from this requirement. The
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collection program shall also provide for the payment of collection,
processing, and end-of-life management of the covered household hazardous
products. Collection costs include facility costs, equipment costs, labor,
supplies, maintenance, events costs, and event contractor costs, including
collection event set-up fees, environmental service fees, insurance fees, and
shipping containers and materials.
(C) Convenient collection location. The stewardship organization
shall develop a collection program that allows all municipal household
hazardous waste collection programs to opt to be a part of the collection plan,
including collection events and facilities offered by solid waste planning
entities. The plan shall make efforts to site points of collection equitably
across all regions of the State to allow for convenient and reasonable access of
all Vermonters to collection facilities or collection events.
(D) Public education and outreach. The collection plan shall include
an education and outreach program that shall include a website and may
include media advertising, retail displays, articles and publications, and other
public educational efforts. Outreach and education shall be suitable for the
State’s diverse ethnic populations, through translated and culturally
appropriate materials, including in-language and targeted outreach. Public
education and outreach should include content to increase meaningful
participation by environmental justice focus populations as required by 3
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V.S.A. chapter 72. During the second approved plan, each stewardship
organization shall carry out a survey of public awareness regarding the
requirements of the program established under this chapter that can identify
communities that have disparities in awareness and need more outreach. Each
stewardship organization shall share the results of the public awareness
surveys with the Secretary. If multiple stewardship organizations are
implementing plans approved by the Secretary, the stewardship organizations
shall coordinate in carrying out their education and outreach responsibilities
under this subdivision (D) and shall include in their annual reports to the
Secretary a summary of their coordinated education and outreach efforts. The
education and outreach program and website shall notify the public of the
following:
(i) that there is a free collection program for covered household
hazardous products;
(ii) the location and hours of operation of collection points and
how a covered entity can access this collection program;
(iii) the special handling considerations associated with covered
household hazardous products; and
(iv) source reduction information for consumers to reduce leftover
covered household products.
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(E) Compliance with appropriate environmental standards. In
implementing a collection plan, a stewardship organization shall comply with
all applicable laws related to the collection, transportation, and disposal of
hazardous waste. A stewardship organization shall comply with any special
handling or disposal standards established by the Secretary for covered
household hazardous products or for the collection plan of the manufacturer.
(F) Method of disposition. The collection plan shall describe how
covered household hazardous products will be managed in the most
environmentally and economically sound manner, including following the
waste-management hierarchy. The management of covered household
hazardous products under the collection plan shall use management activities
in the following priority order: source reduction, reuse, recycling, energy
recovery, and disposal. Collected covered household hazardous products shall
be recycled when technically and economically feasible.
(G) Performance goals. A collection plan shall include:
(i) A performance goal for covered household hazardous products
determined by the number of total participants at collection events and
facilities listed in the collection plan during a program year divided by the
total number of households. The number of households shall include seasonal
households. The calculation methodology for the number of households shall
be included in the plan.
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(ii) At a minimum, the collection performance goal for the initial
plan approved pursuant to subdivision (b)(2) of this section shall be an annual
participation rate of five percent of the households for every collection
program based on the number of households the collection program serves.
After the initial approved program plan, the stewardship organization shall
propose performance goals for subsequent program plans. The Secretary shall
approve the performance goals for the plan at least every five years. The
stewardship organization shall use the results of the most recent waste
composition study required under 6604 of this title and other relevant factors
to propose the performance goals of the collection plan. If a stewardship
organization does not meet its performance goals, the Secretary may require
the stewardship organization to revise the collection plan to provide for one or
more of the following: additional public education and outreach, additional
collection events, or additional hours of operation for collection sites. A
stewardship organization is not authorized to reduce or cease collection,
education and outreach, or other activities implemented under an approved
plan on the basis of achievement of program performance goals.
(H) Collection plan funding. The collection plan shall describe how the
stewardship organization will fund the implementation of the collection plan
and collection activities under the plan, including the costs for education and
outreach, collection, processing, and end-of-life management of the covered
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household hazardous product. Collection costs include facility costs,
equipment costs, labor, supplies, maintenance, events costs, and event
contractor costs, including collection event set-up fees, environmental service
fees, insurance fees, and shipping containers and materials. The collection
plan shall include how municipalities will be compensated for all costs
attributed to collection of covered household hazardous products. The
Secretary shall resolve disputes relating to compensation.
(c) Term of collection plan. A collection plan approved by the Secretary
under section 7187 of this title shall have a term not to exceed five years,
provided that the stewardship organization remains in compliance with the
requirements of this chapter and the terms of the approved collection plan.
(d) Collection plan implementation. Stewardship organizations shall
implement the collection plan on or before six months after the date of a final
decision by the Secretary on the adequacy of the collection plan.
Sec. 6. 10 V.S.A. § 7184 is amended to read:
§ 7184. STEWARDSHIP ORGANIZATIONS
(a) Participation in a stewardship organization. A manufacturer shall meet
the requirements of this chapter by participating in a stewardship organization
that undertakes the responsibilities under sections 7182, 7183, and 7185 of this
title.
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(b) Qualifications for a stewardship organization. To qualify as a
stewardship organization under this chapter, an organization shall:
(1) commit to assume the responsibilities, obligations, and liabilities of
all manufacturers participating in the stewardship organization;
(2) not create unreasonable barriers for participation in the stewardship
organization; and
(3) maintain a public website that lists all manufacturers and
manufacturers’ brands and products covered by the stewardship organization’s
approved collection plan.
(c) A stewardship organization is authorized to charge its members
reasonable fees for the organization, administration, and implementation of the
programs required by this chapter.
Sec. 7. 10 V.S.A. § 7187 is amended to read:
§ 7187. AGENCY RESPONSIBILITIES
(a) Review and approve collection plans. The Secretary shall review and
approve or deny collection plans submitted under section 7183 of this title
according to the public notice and comment requirements of section 7714 of
this title.
***
(g) Agency collection plan. If no stewardship organization is formed on or
before July 1, 2025 or the stewardship organization fails to submit a plan or
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submits a plan that does not meet the requirements of this chapter, the
Secretary shall adopt and administer a plan that meets the requirements of
section 7183 of this title. If the Secretary administers the plan adopted under
section 7183, the Secretary shall charge each manufacturer the prorated costs
of plan administration, the Agency’s oversight costs, and a hazardous waste
reduction assessment of 10 percent of the plan’s total cost to be deposited in
the Solid Waste Management Assistance Account of the Waste Management
Assistance Fund, for the purpose of providing grants to municipalities and
small businesses to prevent pollution and reduce the generation of hazardous
waste in the State. When determining a manufacturer’s assessment under this
section, the Agency may allocate costs to a manufacturer of covered household
hazardous products based on the sales of covered household hazardous
products nationally prorated to the population of Vermont.
Sec. 8. 10 V.S.A. § 6621a is amended to read:
§ 6621a. LANDFILL DISPOSAL REQUIREMENTS
(a) In accordance with the following schedule, no person shall knowingly
dispose of the following materials in solid waste or in landfills:
***
(12) Covered household hazardous products after July 1, 2025 2026.
***
Sec. 9. SOLID WASTE PLAN; FLEXIBILITY
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(a) Notwithstanding the municipal household hazardous waste (HHW)
collection requirements under the State Solid Waste Plan adopted pursuant to
10 V.S.A. § 6604, the Secretary of Natural Resources may grant a variance
from the requirement to conduct at least two household hazardous waste
collection events in that municipality. The variance shall allow a municipality
to meet its obligations, as follows:
(1) the municipality has partnered with another municipality to allow its
residents the ability to access a permanent HHW facility in the same manner as
the municipality that operates the permanent HHW facility;
(2) the municipality has partnered with a nearby municipality to offer
collection events to members in both municipalities;
(3) the municipality has demonstrated that it has made reasonable
efforts to provide alternate collection opportunities identified under
subdivisions (1) and (2) of this subsection and was unable and that the cost of
a collection event is unreasonable. In such circumstances the Secretary of
Natural Resources may reduce the required collection events to one per year.
(b) This section shall be repealed on July 1, 2027.
* * * Paint Extended Producer Responsibility * * *
Sec. 10. 10 V.S.A. chapter 159, subchapter 4 is amended to read:
Subchapter 4. Paint Stewardship Program
§ 6671. PURPOSE
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The purpose of this subchapter is to establish an environmentally sound,
cost-effective Paint Stewardship Program in the State that will undertake
responsibility for the development and implementation of strategies to reduce
the generation of postconsumer paint; promote the reuse of postconsumer
paint; and collect, transport, and process postconsumer paint, including reuse,
recycling, energy recovery, and disposal. The Paint Stewardship Program will
follow the waste management hierarchy for managing and reducing
postconsumer paint in the order as follows: reduce consumer generation of
postconsumer paint, reuse, recycle, provide for energy recovery, and dispose.
The Paint Stewardship Program will provide more opportunities for consumers
to manage properly their postconsumer paint, provide fiscal relief for local
government in managing postconsumer paint, keep paint out of the waste
stream, and conserve natural resources.
§ 6672. DEFINITIONS
As used in this subchapter:
(1) “Aerosol coating product” means a pressurized coating product
containing pigments or resins dispensed by means of a propellant and
packaged and sold in a disposable aerosol container for handheld application,
or for use in specialized equipment for ground traffic or marking applications.
(2) “Architectural paint” means interior and exterior architectural
coatings, including interior or exterior water- and oil-based coatings, primers,
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sealers, or wood coatings, that are sold in containers of five gallons or less.
“Architectural paint” does not mean industrial coatings, original equipment
coatings, or specialty coatings.
(3) “Coating-related product” means a product used as a paint additive,
paint thinner, paint colorant, paint remover, surface sealant, surface
preparation, surface adhesive, and sold for home improvement.
(2)(4) “Distributor” means a company that has a contractual relationship
with one or more producers to market and sell architectural paint to retailers in
Vermont.
(3)(5) “Energy recovery” means recovery in which all or a part of the
solid waste materials are processed in order to use the heat content or other
forms of energy of or from the material.
(4)(6) “Environmentally sound management practices” means policies
to be implemented by a producer or a stewardship organization to ensure
compliance with all applicable laws and also addressing such issues as
adequate record keeping, tracking and documenting the fate of materials
within the State and beyond, and adequate environmental liability coverage for
professional services and for the operations of the contractors working on
behalf of the producer organization.
(5)(7) “Municipality” means a city, town, or a village.
(6) “Paint stewardship assessment” means a one-time charge that is:
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(A) added to the purchase price of architectural paint sold in
Vermont;
(B) passed from the producer to the wholesale purchaser to the
retailer and then to a retail consumer; and
(C) necessary to cover the cost of collecting, transporting, and
processing the postconsumer paint managed through the statewide Program.
(8) “Nonindustrial coating” means arts and crafts paint, automotive
refinish paint, driveway sealer, faux finish or glaze, furniture oil, furniture
paint, lime wash, lime paint, marine paint, antifouling paint, road and traffic
marking paint, two-component paint, wood preservative, fire retardant paint,
dry fog paint, chalkboard paint, and conductive paint, sold in containers of five
gallons or less for commercial and homeowner use, but does not include
coatings purchased for industrial or original equipment manufacturer use.
(9)(A) “Paint product” includes:
(i) architectural coatings;
(ii) aerosol coating products;
(iii) coating-related products; and
(iv) nonindustrial coatings.
(B) “Paint product” does not include a health and beauty product.
(7)(10) “Postconsumer paint” means architectural a paint product and its
containers not used and no longer wanted by a purchaser.
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(8)(11) “Producer” means a manufacturer of architectural paint products
who sells, offers for sale, or distributes that paint in Vermont under the
producer’s own name or brand.
(9)(12) “Recycling” means any process by which discarded products,
components, and by-products are transformed into new usable or marketable
materials in a manner in which the original products may lose their identity but
does not include energy recovery or energy generation by means of
combusting discarded products, components, and by-products with or without
other waste products.
(10)(13) “Retailer” means any person that offers architectural paint for
sale at retail in Vermont.
(11)(14) “Reuse” means the return of a product into the economic
stream for use in the same kind of application as originally intended, without a
change in the product’s identity.
(12)(15) “Secretary” means the Secretary of Natural Resources.
(13)(16) “Sell” or “sale” means any transfer of title for consideration,
including remote sales conducted through sales outlets, catalogues, or the
Internet or any other similar electronic means.
(14)(17) “Stewardship organization” means a nonprofit corporation or
nonprofit organization created by a producer or group of producers to
implement the Paint Stewardship Program required under this subchapter.
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§ 6673. PAINT PRODUCT STEWARDSHIP PROGRAM
(a) A producer or a stewardship organization representing producers shall
submit a plan for the establishment of a Paint Product Stewardship Program to
the Secretary for approval by December 1, 2013. The plan shall address the
following:
(1) Provide a list of participating producers and brands covered by the
Program.
(2) Provide specific information on the architectural paint products
covered under the Program, such as interior or exterior water- and oil-based
coatings, primers, sealers, or wood coatings.
(3) Describe how the Program proposed under the plan will collect,
transport, recycle, and process postconsumer paint products for end-of-life
management, including recycling, energy recovery, and disposal, using
environmentally sound management practices.
(4) Describe the Program and how it will provide for convenient and
available statewide collection of postconsumer architectural paint products in
urban and rural areas of the State. The producer or stewardship organization
shall use the existing household hazardous waste collection infrastructure when
selecting collection points for postconsumer architectural paint products. A
paint retailer shall be authorized as a paint collection point of postconsumer
architectural paint for a Paint Product Stewardship Program if the paint retailer
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volunteers to act as a paint collection point and complies with all applicable
laws, rules, and regulations.
(5) Provide geographic information modeling to determine the number
and distribution of sites for collection of postconsumer architectural paint
based on the following criteria:
(A) at least 90 percent of Vermont residents shall have a permanent
collection site within a 15-mile radius; and
(B) one additional permanent site will be established for every
10,000 residents of a municipality and additional sites shall be distributed to
provide convenient and reasonably equitable access for residents within each
municipality, unless otherwise approved by the Secretary.
(6) Establish goals to reduce the generation of postconsumer paint
products, to promote the reuse of postconsumer paint products, and for the
proper management of postconsumer paint products as practical based on
current household hazardous waste program information. The goals may be
revised by the producer or stewardship organization based on the information
collected for the annual report.
(7) Describe how postconsumer paint products will be managed in the
most environmentally and economically sound manner, including following
the waste-management hierarchy. The management of paint under the
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Program shall use management activities that promote source reduction, reuse,
recycling, energy recovery, and disposal.
(8) Describe education and outreach efforts to inform consumers of
collection opportunities for postconsumer paint products and to promote the
source reduction and recycling of architectural paint products for each of the
following: consumers, contractors, and retailers.
(b) The producer or stewardship organization shall submit a budget for the
Program proposed under subsection (a) of this section, and for any amendment
to the plan that would affect the Program’s costs. The budget shall include a
funding mechanism under which each architectural paint producer remits to a
stewardship organization payment of a paint stewardship assessment for each
container of architectural paint it sells in this State. Prior to submitting the
proposed budget and assessment to the Secretary, the producer or stewardship
organization shall provide the budget and assessment to a third-party auditor
agreed upon by the Secretary. The third-party auditor shall provide a
recommendation as to whether the proposed budget and assessment is cost-
effective, reasonable, and limited to covering the cost of the Program. The
paint stewardship assessment shall be added to the cost of all architectural
paint sold in Vermont. To ensure that the funding mechanism is equitable and
sustainable, a uniform paint stewardship assessment shall be established for all
architectural paint sold. The paint stewardship assessment shall be approved
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by the Secretary and shall be sufficient to recover, but not exceed, the costs of
the Paint Stewardship Program. [Repealed.]
(c) Beginning no later than July 1, 2014, or three Six months after approval
of the plan for a Paint Product Stewardship Program required under subsection
(a) of this section, whichever occurs later, a producer of architectural paint
products sold at retail or a stewardship organization of which a producer is a
member shall implement the approved plan for a Paint Product Stewardship
Program.
(d) A producer or a stewardship organization of which a producer is a
member shall promote a Paint Product Stewardship Program and provide
consumers with educational and informational materials describing collection
opportunities for postconsumer paint products Statewide and promotion of
waste prevention, reuse, and recycling. The educational and informational
program shall make consumers aware that the funding for the operation of the
Paint Product Stewardship Program has been added to the purchase price of all
architectural paint products sold in the State.
(e) A plan approved under this section shall provide for collection of
postconsumer architectural paint at no cost to the person from whom the
architectural paint product is collected.
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(f) When a plan or amendment to an approved plan is submitted under this
section, the Secretary shall make the proposed plan or amendment available
for public review and comment for at least 30 days.
(g) A producer or paint stewardship organization shall submit to the
Secretary for review, in the same manner as required under subsection 6675(a)
of this title, an amendment to an approved plan when there is:
(1) a change to a paint stewardship assessment under the plan;
(2) an addition to or removal of a category of products covered under
the Program; or
(3)(2) a revision of the product stewardship organization’s goals.
(h) A plan approved by the Secretary under section 6675 of this title shall
have a term not to exceed five years, provided that the producer remains in
compliance with the requirements of this chapter and the terms of the
approved plan.
(i) In addition to the requirements specified in subsection (a) of this
section, a stewardship organization shall notify the Secretary in writing within
30 days of before any change to:
(1) the number of collection sites for postconsumer architectural paint
products identified under this section as part of the plan;
(2) the producers identified under this section as part of the plan;
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(3) the brands of architectural paint products identified under this
section as part of the plan; and
(4) the processors that manage postconsumer architectural paint
products identified under this section as part of the plan.
(j) Upon submission of a plan to the Secretary under this section, a
producer or a stewardship organization shall pay the fee required by 3 V.S.A.
§ 2822(j)(31). Thereafter, the producer or stewardship organization shall pay
the fee required by 3 V.S.A. § 2822(j)(31) annually by July 1 of each year.
§ 6674. RETAILER RESPONSIBILITY
(a) A producer or retailer may not sell or offer for sale architectural a paint
product to any person in Vermont unless the producer of that architectural
paint brand or a stewardship program of which the producer of that
architectural paint brand is a member that the producer is a member of is
implementing an approved plan for a Paint Product Stewardship Program as
required by section 6673 of this title. A retailer complies with the
requirements of this section if, on the date the architectural paint product was
ordered from the producer or its agent, the producer or paint brand is listed on
the Agency of Natural Resources’ website as a producer or brand participating
in an approved plan for a Paint Product Stewardship Program.
(b) At the time of sale to a consumer, a producer, a stewardship
organization, or a retailer selling or offering architectural paint products for
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sale shall provide the consumer with information regarding available
management options for postconsumer paint products collected through the
Paint Product Stewardship Program or a brand of paint being sold under the
Program.
§ 6675. AGENCY RESPONSIBILITY
(a)(1) Within 90 days of after receipt of a plan submitted under section
6673 of this title, the Secretary shall review the plan and make a determination
whether or not to approve the plan. The Secretary shall issue a letter of
approval for a submitted plan if:
(A) the submitted plan provides for the establishment of a Paint
Product Stewardship Program that meets the requirements of subsection
6673(a) of this subchapter; and
(B) the Secretary determines that the plan:
(i) achieves convenient collection for consumers;
(ii) educates the public on proper paint product management; and
(iii) manages waste paint products in a manner that is
environmentally safe and promotes reuse and recycling; and
(iv) is cost-effective.
(2) If the Secretary does not approve a submitted plan, the Secretary
shall issue to the paint product stewardship organization a letter listing the
reasons for the disapproval of the plan. If the Secretary disapproves a plan, a
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paint product stewardship organization intending to sell or continue to sell
architectural paint in the State shall submit a new plan within 60 days of after
receipt of the letter of disapproval.
(b)(1) The Secretary shall review and approve the stewardship assessment
proposed by a producer pursuant to subsection 6673(b) of this title. The
Secretary shall only approve the Program budget and any assessment if the
applicant has demonstrated that the costs of the Program and any proposed
assessment are reasonable and the assessment does not exceed the costs of
implementing an approved plan.
(2) If an amended plan is submitted under subsection 6673(g) of this
title that proposes to change the cost of the Program or proposes to change the
paint stewardship assessment under the plan, the disapproval of any proposed
new assessment or the failure of an approved new assessment to cover the total
costs of the Program shall not relieve a producer or stewardship organization
of its obligation to continue to implement the approved plan under the
originally approved assessment.
(c) Facilities solely collecting paint products for the Paint Product
Stewardship Program that would not otherwise be subject to solid waste
certification requirements shall not be required to obtain a solid waste
certification. Persons solely transporting paint for the Paint Product
Stewardship Program that would not otherwise be subject to solid waste hauler
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permitting requirements shall not be required to obtain a solid waste hauler’s
permit.
§ 6676. ANTICOMPETITIVE CONDUCT
(a) A producer or an organization of producers that manages postconsumer
paint, including collection, transport, recycling, and processing of
postconsumer paint, as required by this subchapter may engage in
anticompetitive conduct to the extent necessary to implement the plan
approved by the Secretary and is immune from liability for the conduct
relating to antitrust, restraint of trade, unfair trade practices, and other
regulation of trade or commerce.
(b) The activity authorized and the immunity afforded under subsection (a)
of this section shall not apply to any agreement among producers or paint
stewardship organizations:
(1) establishing or affecting the price of paint, except for the paint
stewardship assessment approved under subsection 6675(b) of this title;
(2) setting or limiting the output or production of paint;
(3) setting or limiting the volume of paint sold in a geographic area;
(4) restricting the geographic area where paint will be sold; or
(5) restricting the customers to whom paint will be sold or the volume of
paint that will be sold A manufacturer or representative organization
implementing or participating in a stewardship program as required by this
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subchapter shall not be liable for any claim of a violation of antitrust, restraint
of trade, unfair trade practice, or other anticompetitive conduct arising from
conduct undertaken in accordance with the program.
§ 6677. PRODUCER REPORTING REQUIREMENTS
No later than October 15, 2015, and annually thereafter, Annually, on or
before October 15, a producer or a stewardship program of which the producer
is a member shall submit to the Secretary a report describing the Paint Product
Stewardship Program that the producer or Stewardship Program is
implementing as required by section 6673 of this title. At a minimum, the
report shall include:
(1) a description of the methods the producer or Stewardship Program
used to reduce, reuse, collect, transport, recycle, and process postconsumer
paint products statewide in Vermont;
(2) the volume and type of postconsumer paint products collected by the
producer or Stewardship Program at each collection center in all regions of
Vermont;
(3) the volume of postconsumer paint products collected by the
producer or Stewardship Program in Vermont by method of disposition,
including reuse, recycling, energy recovery, and disposal;
(4) an independent financial audit of the Paint Product Stewardship
Program implemented by the producer or the Stewardship Program;
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(5) the prior year’s actual direct and indirect costs for each Program
element and the administrative and overhead costs of administering the
approved Program; and
(6) samples of the educational materials that the producer or
stewardship program provided to consumers of architectural paint..
***
§ 6680. UNIVERSAL WASTE DESIGNATION FOR POSTCONSUMER
PAINT
(a) The requirements of Subchapter 9 of the Vermont Hazardous Waste
Management Rules, which allow certain categories of hazardous waste to be
managed as universal waste, shall apply to postconsumer paint products until
the postconsumer paint is discarded, provided that:
(1) the postconsumer paint product is collected as a part of a
stewardship plan approved under this subchapter; and
(2) the collected postconsumer paint product is or includes a paint
product that is a hazardous waste as defined and regulated by the Vermont
Hazardous Waste Management Rules.
(b) When postconsumer paint product is regulated as universal waste under
subsection (a) of this section, small and large quantity handlers of the
postconsumer paint shall manage the postconsumer paint products in a manner
that prevents releases of any universal waste or component of the universal
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waste to the environment. Postconsumer paint products regulated as universal
waste shall, at a minimum, be contained in one or more of the following:
(1) a container that remains closed, structurally sound, and compatible
with the postconsumer paint products and that lacks evidence of leakage,
spillage, or damage that could cause leakage under reasonably foreseeable
conditions; or
(2) a container that does not meet the requirements of subdivision (1) of
this subsection, provided that the unacceptable container is overpacked in a
container that meets the requirements of subdivision (1).
(c) Containers holding postconsumer paint products that is are regulated as
universal waste shall be clearly labeled to clearly identify the contents of the
container, such as “Paint-Related Waste,” “Universal Waste Paint,” “Used
Paint,” or “Waste Paint.”
(d) Unless otherwise provided by statute, the definitions of the Vermont
Hazardous Waste Management Rules shall apply to this section.
§ 6681. PAINT CONSUMER FEES
A retailer shall charge the following fees on paint and remit the fees to the
approved stewardship organization for the administration of program approved
by the Secretary:
(1) Half pint or smaller: No fee.
(2) Greater than a half pint to one gallon: $0.65.
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(3) Greater than one gallon to two gallons: $1.35.
(4) Greater than two gallons to five gallons: $2.45.
Sec. 11. IMPLEMENTATION
(a) The requirements for the sale of paint products under 10 V.S.A. § 6673
shall apply to architectural coatings beginning on July 1, 2013 and all paint
products beginning July 1, 2026.
(b) The requirement under 10 V.S.A. § 6673 for an architectural coatings
producer to submit a stewardship plan to the Secretary of Natural Resources
currently applies to producers of architectural coatings as required beginning
on July 1, 2013 and shall also apply to producers of paint related products
beginning on July 1, 2026.
(c) The requirement under 10 V.S.A. § 6677 that an architectural coatings
producer annually report to the Secretary of Natural Resources currently
applies to producers of architectural coatings as required beginning on July 1,
2013 and shall also apply to producers of paint related products beginning on
March 1, 2027.
* * * Healthy Homes Initiative * * *
Sec. 12. 2024 Acts and Resolves No. 78, Sec. B.1103 is amended to read:
Sec. B.1103 CLIMATE AND ENVIRONMENT – FISCAL YEAR 2024
ONE-TIME APPROPRIATIONS
***
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(j)(1) In fiscal year 2024, the amount of $6,100,000 American Rescue Plan
Act (ARPA) – Coronavirus State Fiscal Recovery Funds is appropriated to the
Department of Environmental Conservation for the Healthy Homes Initiative.
Funds shall be used to make repairs or improvements to drinking water,
wastewater, or stormwater systems for Vermonters who have low to moderate
income or who live in manufactured housing communities, or both.
(2) All information submitted to or compiled by the Department of
Environmental Conservation related to the issuance of individual funding
awards under the Healthy Homes Initiative shall be considered confidential
unless the person providing the information designates that it is not
confidential. This shall include all personal information of applicants that
request or receive funding. Notwithstanding 1 V.S.A. § 214, this subdivision
shall take effect on passage and shall apply retroactively to July 1, 2023.
***
* * * Flood Safety * * *
Sec. 13. 2024 Act and Resolves No. 121, Sec. 3 is amended to read:
Sec. 3. DEPARTMENT OF ENVIRONMENTAL CONSERVATION;
RIVER CORRIDOR BASE MAP; INFILL MAPPING;
EDUCATION AND OUTREACH
(a) On or before January 1, 2026 2027, the Department of Environmental
Conservation, in consultation with the Agency of Commerce and Community
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Development and the regional planning commissions, shall amend by
procedure the statewide River Corridor Base Map to identify areas suitable for
development that are located within existing settlements and that will not cause
or contribute to increases in fluvial erosion hazards.
(b) Beginning on January 1, 2025 and ending on January 1, 2027 2028, the
Department of Environmental Conservation shall conduct an education and
outreach program to consult with and collect input from municipalities,
environmental justice focus populations, the Environmental Justice Advisory
Council, businesses, property owners, farmers, and other members of the
public regarding how State permitting of development in mapped river
corridors will be implemented, including potential restrictions on the use of
land within mapped river corridors. The Department shall develop educational
materials for the public as part of its charge under this section. The
Department shall collect input from the public regarding the permitting of
development in mapped river corridors as proposed by this act. On or before
January 15, 2027 2028 and until permitting of development in mapped river
corridors begins under 10 V.S.A. § 754, the Department shall submit to the
Senate Committee on Natural Resources and Energy, the House Committee on
Environment and Energy, and the Environmental Justice Advisory Council a
report that shall include:
(1) a summary of the public input it received regarding State permitting
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of development in mapped river corridors during the public education and
outreach required under this section;
(2) recommendations, based on the public input collected, for changes
to the requirements for State permitting of development in mapped river
corridors;
(3) an analysis and summary of State permitting of development in
mapped river corridors on environmental justice populations; and
(4) a summary of the Department’s progress in adopting the rules
required under 10 V.S.A. § 754 for the regulation of development in mapped
river corridors.
Sec. 14. 10 V.S.A. § 754 is amended to read:
§ 754. MAPPED RIVER CORRIDOR RULES
(a) Rulemaking authority.
(1) On or before July 1, 2027 July 15, 2028, the Secretary shall adopt
rules pursuant to 3 V.S.A. chapter 25 that establish requirements for issuing
and enforcing permits for:
(A) all development within a mapped river corridor in the State; and
(B) for development exempt from municipal regulation in flood
hazard areas.
(2) The Secretary shall not adopt rules under this subsection that
regulate agricultural activities without the consent of the Secretary of
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Agriculture, Food and Markets, provided that the Secretary of Agriculture,
Food and Markets shall not withhold consent under this subdivision when lack
of such consent would result in the State’s noncompliance with the National
Flood Insurance Program.
(3) The Secretary shall seek the guidance of the Federal Emergency
Management Agency in developing and drafting the rules required by this
section in order to ensure that the rules are sufficient to meet eligibility
requirements for the National Flood Insurance Program.
***
(e) Permit requirement. Beginning on January 1, 2028 July 1, 2029, a
person shall not commence or conduct development exempt from municipal
regulation in a flood hazard area or commence or conduct any development in
a mapped river corridor without a permit issued under the rules required under
subsection (a) of this section by the Secretary or by a State agency delegated
permitting authority under subsection (f) of this section. When an application
is filed under this section, the Secretary or delegated State agency shall
proceed in accordance with chapter 170 of this title.
***
Sec. 15. 2024 Acts and Resolves 121, Sec. 10 is amended to read:
Sec. 10. STUDY COMMITTEE ON STATE ADMINISTRATION OF
THE NATIONAL FLOOD INSURANCE PROGRAM
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***
(e) Report. On or before August 15, 2025 2026, the Study Committee
shall submit a written report to the General Assembly with its findings and any
recommendations for legislative action. Any recommendation for legislative
action shall be as draft legislation.
***
Sec. 16. 2024 Acts and Resolves 121, Sec. 11(a) is amended to read:
(a) The Secretary of Natural Resources shall initiate rulemaking, including
pre-rulemaking, for the rules required in Sec. 5 of this act, 10 V.S.A. § 754
(river corridor development), not later than July 1, 2025. The rules shall be
adopted on or before July 1, 2027 2028.
Sec. 17. 2024 Acts and Resolves No. 121, Sec. 29(b) is amended to read:
(b) All other sections shall take effect July 1, 2024, except that:
(1) Secs. 6a, 7, 8, 8a, and 9 (conforming amendments to municipal river
corridor planning) shall take effect on January 1, 2028, except that in Sec. 9,
24 V.S.A. § 4424(a)(2)(B)(i) (municipal compliance with the State Flood
Hazard Area Standards) shall take effect on January 1, 2026 2028;
***
* * * Wetlands * * *
Sec. 18. 10 V.S.A. § 918 is amended to read:
§ 918. NET GAIN OF WETLANDS; STATE GOAL; RULEMAKING
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(a) On or before July 1 December 1, 2025, the Secretary of Natural
Resources shall amend the Vermont Wetlands Rules pursuant to 3 V.S.A.
chapter 25 to clarify that the goal of wetlands regulation and management in
the State is the net gain of wetlands to be achieved through protection of
existing wetlands and restoration of wetlands that were previously adversely
affected. This condition shall not apply to wetland, river, and flood plain
restoration projects, including dam removals.
***
(c) At a minimum, the Wetlands Rules shall be revised to:
(1) Require an applicant for a wetland permit that authorizes adverse
impacts to more than 5,000 square feet of wetlands to compensate for those
impacts through restoration, enhancement, or creation of wetland resources.
(2) Incorporate the net gain rule into requirements for permits issued
after September 1 December 1, 2025.
***
* * * Dams * * *
Sec. 19. 2024 Acts and Resolves No. 121, Sec. 22 is amended to read:
Sec. 22. STUDY COMMITTEE ON DAM EMERGENCY OPERATIONS
PLANNING
(a) Creation. There is created the Study Committee on Dam Emergency
Operations Planning to review and recommend how to improve regional
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emergency action planning for hazards caused by dam failure, including how
to shift responsibility for emergency planning from individual municipalities
to regional authorities, how to improve regional implementation of dam
emergency response plans, and how to fund dam emergency action planning at
the regional level.
***
(e) Report. On or before December 15, 2024 2025, the Study Committee
shall submit a written report to the General Assembly with its findings and any
recommendations for legislative action. Any recommendation for legislative
action shall be submitted as draft legislation.
(f) Meetings.
(1) The Secretary of Natural Resources or designee shall call the first
meeting of the Study Committee.
(2) The Committee shall select a chair from among its members at the
first meeting.
(3) A majority of the membership of the Study Committee shall
constitute a quorum.
(4) The Study Committee shall cease to exist on March 1, 2025 2026.
***
Sec. 20. 2024 Acts and Resolves No. 121, Sec. 24(f) is amended to read:
(f) On or before January 15 September 1, 2025, the Agency of Natural
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Resources shall complete its analysis of the capital and ongoing operations and
maintenance costs of the Green River Dam, as authorized in 2022 Acts and
Resolves No. 83, Sec. 46, and shall submit the results of the analysis to the
House Committees on Environment and Energy and on Appropriations and the
Senate Committees on Natural Resources and Energy and on Appropriations.
* * * Effective Date * * *
Sec. 21. EFFECTIVE DATE
This act shall take effect on passage.
* * * Battery Extended Producer Responsibility * * *
Sec. 1. 2024 Acts and Resolves No. 152, Sec. 3 is amended to read:
Sec. 3. ANR BATTERY ASSESSMENT
(a) On or before July 1, 2026, the Secretary of Natural Resources 2027, the
stewardship organization formed pursuant to 10 V.S.A. chapter 168 shall
complete an assessment of the opportunities, challenges, and feasibility of
establishing mandatory end-of-life management programs for the following
battery types:
(1) batteries used in hybrid and electric vehicles;
(2) battery energy storage systems; and
(3) batteries that are not easily removable from the products they power.
(b) The assessment required by this section shall include:
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(1) a summary of the work and progress other states have made in
establishing end-of-life management programs for the three battery types listed
under subsection (a) of this section; and
(2) policy recommendations on whether mandatory end-of-life
management programs are necessary for the battery types listed under
subsection (a) of this section.
(c) The assessment required by this section shall be provided to the
Secretary of Natural Resources, the House Committee on Environment and
Energy, and the Senate Committee on Natural Resources and Energy.
* * * Fuel Storage Tanks * * *
Sec. 2. 10 V.S.A. § 1927(d) is amended to read:
(d) No person shall deliver a regulated substance to a category one tank
that is visibly designated by the Agency as not having a valid permit or not
meeting standards adopted by the Secretary related to corrosion protection,
spill prevention, leak detection, financial responsibility, or overfill protection
that may result in the tank releasing a regulated substance to the environment.
* * * Household Hazardous Waste Extended Producer Responsibility * * *
Sec. 3. 10 V.S.A. § 7181 is amended to read:
§ 7181. DEFINITIONS
As used in this chapter:
***
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(4)(A) “Covered household hazardous product” means a consumer
product offered for retail sale that is contained in the receptacle in which the
product is offered for retail sale, if the product has any of the following
characteristics:
(i) the product or a component of the product is a hazardous waste
under subchapter 2 of the Vermont Hazardous Waste Management
Regulations, regardless of the status of the generator of the hazardous waste;
or
(ii) the product is a gas cylinder.
(B) “Covered household hazardous product” does not mean any of
the following:
***
(iv) architectural paint as that term is defined in section 6672 of
this title;
***
Sec. 4. 10 V.S.A. § 7182 is amended to read:
§ 7182. SALE OF COVERED HOUSEHOLD HAZARDOUS PRODUCTS;
STEWARDSHIP ORGANIZATION REGISTRATION;
MANUFACTURER REGISTRATION
(a) Sale prohibited.
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(1) A manufacturer of a covered household hazardous product shall not
sell, offer for sale, or deliver to a retailer for subsequent sale a covered
household hazardous product without registering with the stewardship
organization pursuant to subsection (c) of this section.
(2) Beginning six months after a final decision on the adequacy of a
collection plan by the Secretary, a manufacturer of a covered household
hazardous product shall not sell, offer for sale, or deliver to a retailer for
subsequent sale a covered household hazardous product unless all the
following have been met:
(1)(A) The manufacturer is participating in a stewardship
organization implementing an approved collection plan.
(2)(B) The name of the manufacturer, the manufacturer’s brand, and
the name of the covered household hazardous product are submitted to the
Agency of Natural Resources by a stewardship organization and listed on the
stewardship organization’s website as covered by an approved collection plan.
(3)(C) The stewardship organization in which the manufacturer
participates has submitted an annual report consistent with the requirements of
section 7185 of this title.
(4)(D) The stewardship organization in which the manufacturer
participates has conducted a plan audit consistent with the requirements of
subsection 7185(b) of this title.
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(b) Stewardship organization registration requirements.
(1) On or before July 1, 2025 and annually thereafter, a stewardship
organization shall file a registration form with the Secretary. The Secretary
shall provide the registration form to the stewardship organization. The
registration form shall include:
(A) a list of the manufacturers participating in the stewardship
organization;
(B) a list of the brands of each manufacturer participating in the
stewardship organization;
(C) a list of the covered household hazardous products of each
manufacturer participating in the stewardship organization;
(D) the name, address, and contact information of a person
responsible for ensuring compliance with this chapter;
(E) a description of how the stewardship organization meets the
requirements of subsection 7184(b) of this title, including any reasonable
requirements for participation in the stewardship organization; and
(F)(B) the name, address, and contact information of a person for a
nonmember manufacturer to contact regarding how to participate in the
stewardship organization to satisfy the requirements of this chapter.
(2) A renewal of a registration without changes may be accomplished
through notifying the Agency of Natural Resources on a form provided by the
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Agency Beginning July 1, 2026 and annually thereafter, a stewardship
organization shall renew its registration with the Secretary. A renewal
registration shall include the following:
(A) a list of the manufacturers participating in the stewardship
organization;
(B) a list of the brands of each manufacturer participating in the
stewardship organization;
(C) a list of the covered household hazardous products of each
manufacturer participating in the stewardship organization;
(D) the name, address, and contact information of a person
responsible for ensuring compliance with this chapter;
(E) a description of how the stewardship organization meets the
requirements of subsection 7184(b) of this title, including any reasonable
requirements for participation in the stewardship organization; and
(F) the name, address, and contact information of a person for a
nonmember manufacturer to contact regarding how to participate in the
stewardship organization to satisfy the requirements of this chapter.
(c) Manufacturer registration. On or before November 1, 2025, a
manufacturer of a covered household hazardous product shall register with the
stewardship organization in a manner proscribed by the stewardship
organization.
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Sec. 5. 10 V.S.A. § 7183 is amended to read:
§ 7183. COLLECTION PLANS
(a) Collection plan required. Prior to July 1, 2025 On or before July 1,
2026, any stewardship organization registered with the Secretary as
representing manufacturers of covered household hazardous products shall
coordinate and submit to the Secretary for review one collection plan for all
manufacturers.
(b) Collection plan; minimum requirements. Each collection plan shall
include, at a minimum, all of the following requirements:
(1) Initial plan. The initial plan shall last for a period not to exceed
three years and contain, at a minimum, the following requirements:
(A) List of participants. A list of the manufacturers, brands, and
products participating in the collection plan and a methodology for adding
and removing manufacturers and notifying the Agency of new participants.
(2)(B) Free statewide collection of covered household hazardous
products. The collection program shall provide reimburse municipalities when
a municipality provides for free, convenient, and accessible statewide
opportunities for the collection from covered entities of covered household
hazardous products, including orphan covered products. A stewardship
organization shall accept all covered household hazardous products collected
from a covered entity and shall not refuse the collection of a covered household
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hazardous product, including orphan covered household products, based on
the brand or manufacturer of the covered household hazardous product unless
specifically exempt from this requirement. The collection program shall also
provide for the payment of collection, processing, and end-of-life management
of the covered household hazardous products. Collection costs include facility
costs, equipment costs, labor, supplies, maintenance, events costs, and event
contractor costs, including collection event set-up fees, environmental service
fees, insurance fees, and shipping containers and materials.
(3) Convenient collection location. The stewardship organization shall
develop a collection program that allows all municipal household hazardous
waste collection programs to opt to be a part of the collection plan, including
collection events and facilities offered by solid waste planning entities. The
plan shall make efforts to site points of collection equitably across all regions
of the State to allow for convenient and reasonable access of all Vermonters to
collection facilities or collection events.
(4) Public education and outreach. The collection plan shall include an
education and outreach program that shall include a website and may include
media advertising, retail displays, articles and publications, and other public
educational efforts. Outreach and education shall be suitable for the State’s
diverse ethnic populations, through translated and culturally appropriate
materials, including in-language and targeted outreach. Public education and
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outreach should include content to increase meaningful participation by
environmental justice focus populations as required by 3 V.S.A. chapter 72.
During the first year of program implementation and two years after adoption
of the collection plan, each stewardship organization shall carry out a survey
of public awareness regarding the requirements of the program established
under this chapter that can identify communities that have disparities in
awareness and need more outreach. Each stewardship organization shall
share the results of the public awareness surveys with the Secretary. If multiple
stewardship organizations are implementing plans approved by the Secretary,
the stewardship organizations shall coordinate in carrying out their education
and outreach responsibilities under this subdivision and shall include in their
annual reports to the Secretary a summary of their coordinated education and
outreach efforts. The education and outreach program and website shall notify
the public of the following:
(A) that there is a free collection program for covered household
hazardous products;
(B) the location and hours of operation of collection points and how
a covered entity can access this collection program;
(C) the special handling considerations associated with covered
household hazardous products; and
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(D) source reduction information for consumers to reduce leftover
covered household products.
(5) Compliance with appropriate environmental standards. In
implementing a collection plan, a stewardship organization shall comply with
all applicable laws related to the collection, transportation, and disposal of
hazardous waste. A stewardship organization shall comply with any special
handling or disposal standards established by the Secretary for covered
household hazardous products or for the collection plan of the manufacturer.
(6) Method of disposition. The collection plan shall describe how
covered household hazardous products will be managed in the most
environmentally and economically sound manner, including following the
waste-management hierarchy. The management of covered household
hazardous products under the collection plan shall use management activities
in the following priority order: source reduction, reuse, recycling, energy
recovery, and disposal. Collected covered household hazardous products shall
be recycled when technically and economically feasible.
(7) Performance goals. A collection plan shall include:
(A) A performance goal for covered household hazardous products
determined by the number of total participants at collection events and
facilities listed in the collection plan during a program year divided by the
total number of households. The number of households shall include seasonal
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households. The calculation methodology for the number of households shall
be included in the plan.
(B) At a minimum, the collection performance goal for the first
approved plan shall be an annual participation rate of five percent of the
households for every collection program based on the number of households
the collection program serves. After the initial approved program plan, the
stewardship organization shall propose performance goals for subsequent
program plans. The Secretary shall approve the performance goals for the
plan at least every five years. The stewardship organization shall use the
results of the most recent waste composition study required under 6604 of this
title and other relevant factors to propose the performance goals of the
collection plan. If a stewardship organization does not meet its performance
goals, the Secretary may require the stewardship organization to revise the
collection plan to provide for one or more of the following: additional public
education and outreach, additional collection events, or additional hours of
operation for collection sites. A stewardship organization is not authorized to
reduce or cease collection, education and outreach, or other activities
implemented under an approved plan on the basis of achievement of program
performance goals.
(8)(C) Collection plan funding. The collection plan shall describe how
the stewardship organization will fund the implementation of the collection
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plan and collection activities under the plan, including the costs for education
and outreach, collection, processing, and end-of-life management of the
covered household hazardous product all municipal collection offered to the
public in a base program year. A base program year shall be based on the
services provided in calendar year 2024 and any other collection facilities or
events approved by the Secretary. Collection costs include facility costs,
equipment costs, labor, supplies, maintenance, events costs, and event
contractor costs, including collection event set-up fees, environmental service
fees, insurance fees, and shipping containers and materials. The collection
plan shall include how municipalities will be compensated for all costs
attributed to collection of covered household hazardous products. The
Secretary shall resolve disputes relating to compensation.
(2) Subsequent plans. After the expiration of the initial plan approved
by the Secretary, the collection plan shall include, at a minimum, the
following:
(A) List of participants. A list of the manufacturers, brands, and
products participating in the collection plan and a methodology for adding
and removing manufacturers and notifying the Agency of new participants.
(B) Free statewide collection of covered household hazardous
products. The collection program shall provide for free, convenient, and
accessible statewide opportunities for the collection from covered entities of
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covered household hazardous products, including orphan covered products. A
stewardship organization shall accept all covered household hazardous
products collected from a covered entity and shall not refuse the collection of a
covered household hazardous product, including orphan covered household
products, based on the brand or manufacturer of the covered household
hazardous product unless specifically exempt from this requirement. The
collection program shall also provide for the payment of collection,
processing, and end-of-life management of the covered household hazardous
products. Collection costs include facility costs, equipment costs, labor,
supplies, maintenance, events costs, and event contractor costs, including
collection event set-up fees, environmental service fees, insurance fees, and
shipping containers and materials.
(C) Convenient collection location. The stewardship organization
shall develop a collection program that allows all municipal household
hazardous waste collection programs to opt to be a part of the collection plan,
including collection events and facilities offered by solid waste planning
entities. The plan shall make efforts to site points of collection equitably
across all regions of the State to allow for convenient and reasonable access of
all Vermonters to collection facilities or collection events.
(D) Public education and outreach. The collection plan shall include
an education and outreach program that shall include a website and may
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include media advertising, retail displays, articles and publications, and other
public educational efforts. Outreach and education shall be suitable for the
State’s diverse ethnic populations, through translated and culturally
appropriate materials, including in-language and targeted outreach. Public
education and outreach should include content to increase meaningful
participation by environmental justice focus populations as required by 3
V.S.A. chapter 72. During the second approved plan, each stewardship
organization shall carry out a survey of public awareness regarding the
requirements of the program established under this chapter that can identify
communities that have disparities in awareness and need more outreach. Each
stewardship organization shall share the results of the public awareness
surveys with the Secretary. If multiple stewardship organizations are
implementing plans approved by the Secretary, the stewardship organizations
shall coordinate in carrying out their education and outreach responsibilities
under this subdivision (D) and shall include in their annual reports to the
Secretary a summary of their coordinated education and outreach efforts. The
education and outreach program and website shall notify the public of the
following:
(i) that there is a free collection program for covered household
hazardous products;
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(ii) the location and hours of operation of collection points and
how a covered entity can access this collection program;
(iii) the special handling considerations associated with covered
household hazardous products; and
(iv) source reduction information for consumers to reduce leftover
covered household products.
(E) Compliance with appropriate environmental standards. In
implementing a collection plan, a stewardship organization shall comply with
all applicable laws related to the collection, transportation, and disposal of
hazardous waste. A stewardship organization shall comply with any special
handling or disposal standards established by the Secretary for covered
household hazardous products or for the collection plan of the manufacturer.
(F) Method of disposition. The collection plan shall describe how
covered household hazardous products will be managed in the most
environmentally and economically sound manner, including following the
waste-management hierarchy. The management of covered household
hazardous products under the collection plan shall use management activities
in the following priority order: source reduction, reuse, recycling, energy
recovery, and disposal. Collected covered household hazardous products shall
be recycled when technically and economically feasible.
(G) Performance goals. A collection plan shall include:
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(i) A performance goal for covered household hazardous products
determined by the number of total participants at collection events and
facilities listed in the collection plan during a program year divided by the
total number of households. The number of households shall include seasonal
households. The calculation methodology for the number of households shall
be included in the plan.
(ii) At a minimum, the collection performance goal for the initial
plan approved pursuant to subdivision (1) of this subsection (b) shall be an
annual participation rate of five percent of the households for every collection
program based on the number of households the collection program serves.
After the initial approved program plan, the stewardship organization shall
propose performance goals for subsequent program plans. The Secretary shall
approve the performance goals for the plan at least every five years. The
stewardship organization shall use the results of the most recent waste
composition study required under 6604 of this title and other relevant factors
to propose the performance goals of the collection plan. If a stewardship
organization does not meet its performance goals, the Secretary may require
the stewardship organization to revise the collection plan to provide for one or
more of the following: additional public education and outreach, additional
collection events, or additional hours of operation for collection sites. A
stewardship organization is not authorized to reduce or cease collection,
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education and outreach, or other activities implemented under an approved
plan on the basis of achievement of program performance goals.
(H) Collection plan funding. The collection plan shall describe how the
stewardship organization will fund the implementation of the collection plan
and collection activities under the plan, including the costs for education and
outreach, collection, processing, and end-of-life management of the covered
household hazardous product. Collection costs include facility costs,
equipment costs, labor, supplies, maintenance, events costs, and event
contractor costs, including collection event set-up fees, environmental service
fees, insurance fees, and shipping containers and materials. The collection
plan shall include how municipalities will be compensated for all costs
attributed to collection of covered household hazardous products. The
Secretary shall resolve disputes relating to compensation.
(c) Term of collection plan. A collection plan approved by the Secretary
under section 7187 of this title shall have a term not to exceed five years,
provided that the stewardship organization remains in compliance with the
requirements of this chapter and the terms of the approved collection plan.
(d) Collection plan implementation. Stewardship organizations shall
implement the collection plan on or before six months after the date of a final
decision by the Secretary on the adequacy of the collection plan.
Sec. 6. 10 V.S.A. § 7184 is amended to read:
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§ 7184. STEWARDSHIP ORGANIZATIONS
(a) Participation in a stewardship organization. A manufacturer shall meet
the requirements of this chapter by participating in a stewardship organization
that undertakes the responsibilities under sections 7182, 7183, and 7185 of this
title.
(b) Qualifications for a stewardship organization. To qualify as a
stewardship organization under this chapter, an organization shall:
(1) commit to assume the responsibilities, obligations, and liabilities of
all manufacturers participating in the stewardship organization;
(2) not create unreasonable barriers for participation in the stewardship
organization; and
(3) maintain a public website that lists all manufacturers and
manufacturers’ brands and products covered by the stewardship organization’s
approved collection plan.
(c) A stewardship organization is authorized to charge its members
reasonable fees for the organization, administration, and implementation of
the programs required by this chapter.
Sec. 7. 10 V.S.A. § 7187 is amended to read:
§ 7187. AGENCY RESPONSIBILITIES
(a) Review and approve collection plans. The Secretary shall review and
approve or deny collection plans submitted under section 7183 of this title
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according to the public notice and comment requirements of section 7714 of
this title.
***
(g) Agency collection plan. If no stewardship organization is formed on or
before July 1, 2025 or the stewardship organization fails to submit a plan or
submits a plan that does not meet the requirements of this chapter, the
Secretary shall adopt and administer a plan that meets the requirements of
section 7183 of this title. If the Secretary administers the plan adopted under
section 7183, the Secretary shall charge each manufacturer the prorated costs
of plan administration, the Agency’s oversight costs, and a hazardous waste
reduction assessment of 10 percent of the plan’s total cost to be deposited in
the Solid Waste Management Assistance Account of the Waste Management
Assistance Fund, for the purpose of providing grants to municipalities and
small businesses to prevent pollution and reduce the generation of hazardous
waste in the State. When determining a manufacturer’s assessment under this
section, the Agency may allocate costs to a manufacturer of covered household
hazardous products based on the sales of covered household hazardous
products nationally prorated to the population of Vermont.
Sec. 8. 10 V.S.A. § 6621a is amended to read:
§ 6621a. LANDFILL DISPOSAL REQUIREMENTS
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(a) In accordance with the following schedule, no person shall knowingly
dispose of the following materials in solid waste or in landfills:
***
(12) Covered household hazardous products after July 1, 2025 2026.
***
Sec. 9. SOLID WASTE PLAN; FLEXIBILITY
(a) Notwithstanding the municipal household hazardous waste (HHW)
collection requirements under the State Solid Waste Plan adopted pursuant to
10 V.S.A. § 6604, the Secretary of Natural Resources may grant a variance
from the requirement to conduct at least two household hazardous waste
collection events in that municipality. The variance shall allow a municipality
to meet its obligations, as follows:
(1) the municipality has partnered with another municipality to allow its
residents the ability to access a permanent HHW facility in the same manner
as the municipality that operates the permanent HHW facility;
(2) the municipality has partnered with a nearby municipality to offer
collection events to members in both municipalities; or
(3) the municipality has demonstrated that it has made reasonable
efforts to provide alternate collection opportunities identified under
subdivisions (1) and (2) of this subsection and was unable and that the cost of
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a collection event is unreasonable. In such circumstances the Secretary of
Natural Resources may reduce the required collection events to one per year.
(b) This section shall be repealed on July 1, 2027.
* * * Healthy Homes Initiative * * *
Sec. 10. 2024 Acts and Resolves No. 78, Sec. B.1103 is amended to read:
Sec. B.1103 CLIMATE AND ENVIRONMENT – FISCAL YEAR 2024
ONE-TIME APPROPRIATIONS
***
(j)(1) In fiscal year 2024, the amount of $6,100,000 American Rescue Plan
Act (ARPA) – Coronavirus State Fiscal Recovery Funds is appropriated to the
Department of Environmental Conservation for the Healthy Homes Initiative.
Funds shall be used to make repairs or improvements to drinking water,
wastewater, or stormwater systems for Vermonters who have low to moderate
income or who live in manufactured housing communities, or both.
(2) All information submitted to or compiled by the Department of
Environmental Conservation related to the issuance of individual funding
awards under the Healthy Homes Initiative shall be considered confidential
unless the person providing the information designates that it is not
confidential. This shall include all personal information of applicants that
request or receive funding. Notwithstanding 1 V.S.A. § 214, this subdivision
shall take effect on passage and shall apply retroactively to July 1, 2023.
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***
* * * Flood Safety * * *
Sec. 11. 2024 Act and Resolves No. 121, Sec. 3 is amended to read:
Sec. 3. DEPARTMENT OF ENVIRONMENTAL CONSERVATION;
RIVER CORRIDOR BASE MAP; INFILL MAPPING;
EDUCATION AND OUTREACH
(a) On or before January 1, 2026 2027, the Department of Environmental
Conservation, in consultation with the Agency of Commerce and Community
Development and the regional planning commissions, shall amend by
procedure the statewide River Corridor Base Map to identify areas suitable for
development that are located within existing settlements and that will not cause
or contribute to increases in fluvial erosion hazards.
(b) Beginning on January 1, 2025 and ending on January 1, 2027 2028,
the Department of Environmental Conservation shall conduct an education
and outreach program to consult with and collect input from municipalities,
environmental justice focus populations, the Environmental Justice Advisory
Council, businesses, property owners, farmers, and other members of the
public regarding how State permitting of development in mapped river
corridors will be implemented, including potential restrictions on the use of
land within mapped river corridors. The Department shall develop
educational materials for the public as part of its charge under this section.
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The Department shall collect input from the public regarding the permitting of
development in mapped river corridors as proposed by this act. On or before
January 15, 2027 2028 and until permitting of development in mapped river
corridors begins under 10 V.S.A. § 754, the Department shall submit to the
Senate Committee on Natural Resources and Energy, the House Committee on
Environment and Energy, and the Environmental Justice Advisory Council a
report that shall include:
(1) a summary of the public input it received regarding State permitting
of development in mapped river corridors during the public education and
outreach required under this section;
(2) recommendations, based on the public input collected, for changes
to the requirements for State permitting of development in mapped river
corridors;
(3) an analysis and summary of State permitting of development in
mapped river corridors on environmental justice populations; and
(4) a summary of the Department’s progress in adopting the rules
required under 10 V.S.A. § 754 for the regulation of development in mapped
river corridors.
Sec. 12. 10 V.S.A. § 754 is amended to read:
§ 754. MAPPED RIVER CORRIDOR RULES
(a) Rulemaking authority.
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(1) On or before July 1, 2027 July 15, 2028, the Secretary shall adopt
rules pursuant to 3 V.S.A. chapter 25 that establish requirements for issuing
and enforcing permits for:
(A) all development within a mapped river corridor in the State; and
(B) for development exempt from municipal regulation in flood
hazard areas.
(2) The Secretary shall not adopt rules under this subsection that
regulate agricultural activities without the consent of the Secretary of
Agriculture, Food and Markets, provided that the Secretary of Agriculture,
Food and Markets shall not withhold consent under this subdivision when lack
of such consent would result in the State’s noncompliance with the National
Flood Insurance Program.
(3) The Secretary shall seek the guidance of the Federal Emergency
Management Agency in developing and drafting the rules required by this
section in order to ensure that the rules are sufficient to meet eligibility
requirements for the National Flood Insurance Program.
***
(e) Permit requirement. Beginning on January 1, 2028 July 1, 2029, a
person shall not commence or conduct development exempt from municipal
regulation in a flood hazard area or commence or conduct any development in
a mapped river corridor without a permit issued under the rules required
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under subsection (a) of this section by the Secretary or by a State agency
delegated permitting authority under subsection (f) of this section. When an
application is filed under this section, the Secretary or delegated State agency
shall proceed in accordance with chapter 170 of this title.
***
Sec. 13. 2024 Acts and Resolves 121, Sec. 10 is amended to read:
Sec. 10. STUDY COMMITTEE ON STATE ADMINISTRATION OF
THE NATIONAL FLOOD INSURANCE PROGRAM
***
(e) Report. On or before August 15, 2025 2026, the Study Committee shall
submit a written report to the General Assembly with its findings and any
recommendations for legislative action. Any recommendation for legislative
action shall be as draft legislation.
***
Sec. 14. 2024 Acts and Resolves 121, Sec. 11(a) is amended to read:
(a) The Secretary of Natural Resources shall initiate rulemaking, including
pre-rulemaking, for the rules required in Sec. 5 of this act, 10 V.S.A. § 754
(river corridor development), not later than July 1, 2025. The rules shall be
adopted on or before July 1, 2027 2028.
Sec. 15. 2024 Acts and Resolves No. 121, Sec. 29(b) is amended to read:
(b) All other sections shall take effect July 1, 2024, except that:
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(1) Secs. 6a, 7, 8, 8a, and 9 (conforming amendments to municipal river
corridor planning) shall take effect on January 1, 2028, except that in Sec. 9,
24 V.S.A. § 4424(a)(2)(B)(i) (municipal compliance with the State Flood
Hazard Area Standards) shall take effect on January 1, 2026 2028;
***
* * * Wetlands * * *
Sec. 16. 10 V.S.A. § 918 is amended to read:
§ 918. NET GAIN OF WETLANDS; STATE GOAL; RULEMAKING
(a) On or before July 1 December 1, 2025, the Secretary of Natural
Resources shall amend the Vermont Wetlands Rules pursuant to 3 V.S.A.
chapter 25 to clarify that the goal of wetlands regulation and management in
the State is the net gain of wetlands to be achieved through protection of
existing wetlands and restoration of wetlands that were previously adversely
affected. This condition shall not apply to wetland, river, and flood plain
restoration projects, including dam removals.
***
(c) At a minimum, the Wetlands Rules shall be revised to:
(1) Require an applicant for a wetland permit that authorizes adverse
impacts to more than 5,000 square feet of wetlands to compensate for those
impacts through restoration, enhancement, or creation of wetland resources.
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(2) Incorporate the net gain rule into requirements for permits issued
after September 1 December 1, 2025.
***
* * * Dams * * *
Sec. 17. 2024 Acts and Resolves No. 121, Sec. 22 is amended to read:
Sec. 22. STUDY COMMITTEE ON DAM EMERGENCY OPERATIONS
PLANNING
(a) Creation. There is created the Study Committee on Dam Emergency
Operations Planning to review and recommend how to improve regional
emergency action planning for hazards caused by dam failure, including how
to shift responsibility for emergency planning from individual municipalities to
regional authorities, how to improve regional implementation of dam
emergency response plans, and how to fund dam emergency action planning at
the regional level.
***
(e) Report. On or before December 15, 2024 2025, the Study Committee
shall submit a written report to the General Assembly with its findings and any
recommendations for legislative action. Any recommendation for legislative
action shall be submitted as draft legislation.
(f) Meetings.
(1) The Secretary of Natural Resources or designee shall call the first
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meeting of the Study Committee.
(2) The Committee shall select a chair from among its members at the
first meeting.
(3) A majority of the membership of the Study Committee shall
constitute a quorum.
(4) The Study Committee shall cease to exist on March 1, 2025 2026.
***
Sec. 18. 2024 Acts and Resolves No. 121, Sec. 24(f) is amended to read:
(f) On or before January 15 September 1, 2025, the Agency of Natural
Resources shall complete its analysis of the capital and ongoing operations
and maintenance costs of the Green River Dam, as authorized in 2022 Acts
and Resolves No. 83, Sec. 46, and shall submit the results of the analysis to the
House Committees on Environment and Energy and on Appropriations and the
Senate Committees on Natural Resources and Energy and on Appropriations.
* * * Resilience Implementation Strategy * * *
Sec. 19. 10 V.S.A. § 599a is amended to read:
§ 599a. REPORTS; RULEMAKING
(a) On or before January 15, 2025, the Agency, in consultation with the
State Treasurer, shall submit a report to the General Assembly detailing the
feasibility and progress of carrying out the requirements of this chapter,
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including any recommendations for improving the administration of the
Program.
(b) The Agency shall adopt rules necessary to implement the requirements
of this chapter, including:
(1) adopting methodologies using available science and publicly
available data to identify responsible parties and determine their applicable
share of covered greenhouse gas emissions; and
(2) requirements for registering entities that are responsible parties and
issuing notices of cost recovery demands under the Program; and
(3) the Resilience Implementation Strategy, which shall include:
(A) practices utilizing nature-based solutions intended to stabilize
floodplains, riparian zones, lake shoreland, wetlands, and similar lands;
(B) practices to adapt infrastructure to the impacts of climate
change;
(C) practices needed to build out early warning mechanisms and
support fast, effective response to climate-related threats;
(D) practices that support economic and environmental sustainability
in the face of changing climate conditions; and
(E) criteria and procedures for prioritizing climate change
adaptation projects eligible to receive monies from the Climate Superfund Cost
Recovery Program.
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(c) On or before September 15, 2025, the Secretary shall submit to the
House Committee on Environment and the Senate Committee on Natural
Resources and Energy a report summarizing the Agency of Natural Resources’
adoption of the Resilience Implementation Strategy. The Strategy shall
include:
(1) practices utilizing nature-based solutions intended to stabilize
floodplains, riparian zones, lake shoreland, wetlands, and similar lands;
(2) practices to adapt infrastructure to the impacts of climate change;
(3) practices needed to build out early warning mechanisms and support
fast, effective response to climate-related threats;
(4) practices that support economic and environmental sustainability in
the face of changing climate conditions; and
(5) criteria and procedures for prioritizing climate change adaptation
projects eligible to receive monies from the Climate Superfund Cost Recovery
Program.
(c)(d) In adopting the Strategy, the Agency shall:
(1) consult with the Environmental Justice Advisory Council;
(2) in consultation with other State agencies and departments, including
the Department of Public Safety’s Division of Vermont Emergency
Management, assess the adaptation needs and vulnerabilities of various areas
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vital to the State’s economy, normal functioning, and the health and well-being
of Vermonters;
(3) identify major potential, proposed, and ongoing climate change
adaptation projects throughout the State;
(4) identify opportunities for alignment with existing federal, State, and
local funding streams;
(5) consult with stakeholders, including local governments, businesses,
environmental advocates, relevant subject area experts, and representatives of
environmental justice focus populations;
(6) consider components of the Vermont Climate Action Plan required
under section 592 of this title that are related to adaptation or resilience, as
defined in section 590 of this title; and
(7) conduct public engagement in areas and communities that have the
most significant exposure to the impacts of climate change, including
disadvantaged, low-income, and rural communities and areas.
(d)(e) Nothing in this section shall be construed to limit the existing
authority of a State agency, department, or entity to regulate greenhouse gas
emissions or establish strategies or adopt rules to mitigate climate risk and
build resilience to climate change.
Sec. 20. 2024 Acts and Resolves No. 122, Sec. 3(a) is amended to read:
BILL AS PASSED BY THE HOUSE H.319
2025 Page 77 of 77
(a) On or before July 1, 2025, the Agency of Natural Resources pursuant to
3 V.S.A. § 837 shall file with the Interagency Committee on Administrative
Rules the proposed rule for the adoption of the Resilience Implementation
Strategy required pursuant to 10 V.S.A § 599a(b)(3). On or before January 1,
2026, the Agency of Natural Resources shall adopt the final rule establishing
the Resilience Implementation Strategy required pursuant to 10 V.S.A
§ 599a(b)(3). [Repealed.]
* * * Effective Date * * *
Sec. 21. EFFECTIVE DATE
This act shall take effect on passage.

An act relating to miscellaneous environmental subjects

Sponsors

Rep. Amy Sheldon (D) sponsors H 319 alone.

Committees

H 319 went before 5 committees: Environment, Ways and Means, Natural Resources and Energy, Finance and Appropriations.

Environment
Environment
Referred to · Feb 25, 2025 · 61 Bills
Ways and Means
Ways and Means
Referred to · Mar 18, 2025 · 50 Bills
Natural Resources and Energy
Natural Resources and Energy
Referred to · Mar 27, 2025
Finance
Finance
Referred to · May 16, 2025
Appropriations
Appropriations
Referred to · May 21, 2025

History

H 319 has taken 45 actions since Feb 25, 2025, the latest on May 28, 2025.

ChamberAction
May 28, 2025
Senate
Unfinished Business/Second Reading
May 28, 2025
Senate
Favorable report with proposal of amendment by Committee on Natural Resources and Energy
May 28, 2025
Senate
Favorable report by Committee on Finance
May 28, 2025
Senate
Favorable report by Committee on Appropriations
May 28, 2025
Senate
Rules suspended & bill committed to Committee on Natural Resources and Energy with the report of Committee on Natural Resources and Energy; Finance; and Appropriations intact, on motion of Senator Baruth

Votes

H 319 has not gone to a roll call.


Source: legislature.vermont.gov · legiscan.com