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H 319
Vermont House•In 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.txtBILL AS PASSED BY THE HOUSE H.3192025 Page 1 of 771H.3192 Introduced by Representative Sheldon of Middlebury3 Referred to Committee on4 Date:5 Subject: Conservation and development; solid waste; flood safety; wetlands;6dams7 Statement of purpose of bill as introduced: This bill proposes to amend8 multiple environmental subjects. The bill would extend by a year the date by9 which an assessment of the end-of-life management of certain battery types10 shall be conducted and requires the battery stewardship organization in the11 State to complete the assessment instead of the Agency of Natural Resources.12 The bill also clarifies when a fuel dealer can deliver to a category one tank that13 does not have a valid permit or otherwise may result in a release to the14 environment. The bill would provide that information submitted to the15 Department of Environmental Conservation under the Healthy Homes16 Initiative shall be considered confidential. In addition, the bill would extend17 multiple deadline dates for reporting or rulemaking for specific flood safety,18 river corridor, wetlands, and dam programs.19 An act relating to miscellaneous environmental subjectsBILL AS PASSED BY THE HOUSE H.3192025 Page 2 of 771 It is hereby enacted by the General Assembly of the State of Vermont:2* * * Battery Extended Producer Responsibility * * *3 Sec. 1. 2024 Acts and Resolves No. 152, Sec. 3 is amended to read:4 Sec. 3. ANR BATTERY ASSESSMENT5 (a) On or before July 1, 2026, the Secretary of Natural Resources 2027, the6 stewardship organization formed pursuant to 10 V.S.A. chapter 168 shall7 complete an assessment of the opportunities, challenges, and feasibility of8 establishing mandatory end-of-life management programs for the following9 battery types:10(1) batteries used in hybrid and electric vehicles;11(2) battery energy storage systems; and12(3) batteries that are not easily removable from the products they power.13 (b) The assessment required by this section shall include:14(1) a summary of the work and progress other states have made in15 establishing end-of-life management programs for the three battery types listed16 under subsection (a) of this section; and17(2) policy recommendations on whether mandatory end-of-life18 management programs are necessary for the battery types listed under19 subsection (a) of this section.BILL AS PASSED BY THE HOUSE H.3192025 Page 3 of 771 (c) The assessment required by this section shall be provided to the2 Secretary of Natural Resources, the House Committee on Environment and3 Energy, and the Senate Committee on Natural Resources and Energy.4* * * Fuel Storage Tanks * * *5 Sec. 2. 10 V.S.A. § 1927(d) is amended to read:6 (d) No person shall deliver a regulated substance to a category one tank7 that is visibly designated by the Agency as not having a valid permit or not8 meeting standards adopted by the Secretary related to corrosion protection,9 spill prevention, leak detection, financial responsibility, or overfill protection10 that may result in the tank releasing a regulated substance to the environment.11 * * * Household Hazardous Waste Extended Producer Responsibility * * *12 Sec. 3. 10 V.S.A. § 7181 is amended to read:13 § 7181. DEFINITIONS14 As used in this chapter:15***16(4)(A) “Covered household hazardous product” means a consumer17 product offered for retail sale that is contained in the receptacle in which the18 product is offered for retail sale, if the product has any of the following19 characteristics:20(i) the product or a component of the product is a hazardous waste21 under subchapter 2 of the Vermont Hazardous Waste ManagementBILL AS PASSED BY THE HOUSE H.3192025 Page 4 of 771 Regulations, regardless of the status of the generator of the hazardous waste;2 or3(ii) the product is a gas cylinder.4(B) “Covered household hazardous product” does not mean any of5 the following:6***7(iv) architectural paint paint-related products as that term is8 defined in section 6672 of this title;9***10 Sec. 4. 10 V.S.A. § 7182 is amended to read:11 § 7182. SALE OF COVERED HOUSEHOLD HAZARDOUS PRODUCTS;12STEWARDSHIP ORGANIZATION REGISTRATION;13MANUFACTURER REGISTRATION14 (a) Sale prohibited.15(1) A manufacturer of a covered household hazardous product shall not16 sell, offer for sale, or deliver to a retailer for subsequent sale a covered17 household hazardous product without registering with the stewardship18 organization pursuant to subsection (c) of this section.19(2) Beginning six months after a final decision on the adequacy of a20 collection plan by the Secretary, a manufacturer of a covered household21 hazardous product shall not sell, offer for sale, or deliver to a retailer forBILL AS PASSED BY THE HOUSE H.3192025 Page 5 of 771 subsequent sale a covered household hazardous product unless all the2 following have been met:3(1)(A) The manufacturer is participating in a stewardship4 organization implementing an approved collection plan.5(2)(B) The name of the manufacturer, the manufacturer’s brand, and6 the name of the covered household hazardous product are submitted to the7 Agency of Natural Resources by a stewardship organization and listed on the8 stewardship organization’s website as covered by an approved collection plan.9(3)(C) The stewardship organization in which the manufacturer10 participates has submitted an annual report consistent with the requirements of11 section 7185 of this title.12(4)(D) The stewardship organization in which the manufacturer13 participates has conducted a plan audit consistent with the requirements of14 subsection 7185(b) of this title.15 (b) Stewardship organization registration requirements.16(1) On or before July 1, 2025 and annually thereafter, a stewardship17 organization shall file a registration form with the Secretary. The Secretary18 shall provide the registration form to the stewardship organization. The19 registration form shall include:20(A) a list of the manufacturers participating in the stewardship21 organization;BILL AS PASSED BY THE HOUSE H.3192025 Page 6 of 771(B) a list of the brands of each manufacturer participating in the2 stewardship organization;3(C) a list of the covered household hazardous products of each4 manufacturer participating in the stewardship organization;5(D) the name, address, and contact information of a person6 responsible for ensuring compliance with this chapter;7(E) a description of how the stewardship organization meets the8 requirements of subsection 7184(b) of this title, including any reasonable9 requirements for participation in the stewardship organization; and10(F)(B) the name, address, and contact information of a person for a11 nonmember manufacturer to contact regarding how to participate in the12 stewardship organization to satisfy the requirements of this chapter.13(2) A renewal of a registration without changes may be accomplished14 through notifying the Agency of Natural Resources on a form provided by the15 Agency Beginning July 1, 2026 and annually thereafter, a stewardship16 organization shall renew its registration with the Secretary. A renewal17 registration shall include the following:18(A) a list of the manufacturers participating in the stewardship19 organization;20(B) a list of the brands of each manufacturer participating in the21 stewardship organization;BILL AS PASSED BY THE HOUSE H.3192025 Page 7 of 771(C) a list of the covered household hazardous products of each2 manufacturer participating in the stewardship organization;3(D) the name, address, and contact information of a person4 responsible for ensuring compliance with this chapter;5(E) a description of how the stewardship organization meets the6 requirements of subsection 7184(b) of this title, including any reasonable7 requirements for participation in the stewardship organization; and8(F) the name, address, and contact information of a person for a9 nonmember manufacturer to contact regarding how to participate in the10 stewardship organization to satisfy the requirements of this chapter.11 (c) Manufacturer registration. On or before November 1, 2025, a12 manufacturer of a covered household hazardous product shall register with the13 stewardship organization in a manner proscribed by the stewardship14 organization.15 Sec. 5. 10 V.S.A. § 7183 is amended to read:16 § 7183. COLLECTION PLANS17 (a) Collection plan required. Prior to July 1, 2025 On or before July 1,18 2026, any stewardship organization registered with the Secretary as19 representing manufacturers of covered household hazardous products shall20 coordinate and submit to the Secretary for review one collection plan for all21 manufacturers.BILL AS PASSED BY THE HOUSE H.3192025 Page 8 of 771 (b) Collection plan; minimum requirements. Each collection plan shall2 include, at a minimum, all of the following requirements:3(1) Initial plan. The initial plan shall last for a period not to exceed4 three years and contain, at a minimum, the following requirements:5(A) List of participants. A list of the manufacturers, brands, and6 products participating in the collection plan and a methodology for adding and7 removing manufacturers and notifying the Agency of new participants.8(2)(B) Free statewide collection of covered household hazardous9 products. The collection program shall provide for reimburse municipalities10 when a municipality provides for free, convenient, and accessible statewide11 opportunities for the collection from covered entities of covered household12 hazardous products, including orphan covered products. A stewardship13 organization shall accept all covered household hazardous products collected14 from a covered entity and shall not refuse the collection of a covered15 household hazardous product, including orphan covered household products,16 based on the brand or manufacturer of the covered household hazardous17 product unless specifically exempt from this requirement. The collection18 program shall also provide for the payment of collection, processing, and end-19 of-life management of the covered household hazardous products. Collection20 costs include facility costs, equipment costs, labor, supplies, maintenance,21 events costs, and event contractor costs, including collection event set-up fees,BILL AS PASSED BY THE HOUSE H.3192025 Page 9 of 771 environmental service fees, insurance fees, and shipping containers and2 materials.3(3) Convenient collection location. The stewardship organization shall4 develop a collection program that allows all municipal household hazardous5 waste collection programs to opt to be a part of the collection plan, including6 collection events and facilities offered by solid waste planning entities. The7 plan shall make efforts to site points of collection equitably across all regions8 of the State to allow for convenient and reasonable access of all Vermonters to9 collection facilities or collection events.10(4) Public education and outreach. The collection plan shall include an11 education and outreach program that shall include a website and may include12 media advertising, retail displays, articles and publications, and other public13 educational efforts. Outreach and education shall be suitable for the State’s14 diverse ethnic populations, through translated and culturally appropriate15 materials, including in-language and targeted outreach. Public education and16 outreach should include content to increase meaningful participation by17 environmental justice focus populations as required by 3 V.S.A. chapter 72.18 During the first year of program implementation and two years after adoption19 of the collection plan, each stewardship organization shall carry out a survey20 of public awareness regarding the requirements of the program established21 under this chapter that can identify communities that have disparities inBILL AS PASSED BY THE HOUSE H.3192025 Page 10 of 771 awareness and need more outreach. Each stewardship organization shall share2 the results of the public awareness surveys with the Secretary. If multiple3 stewardship organizations are implementing plans approved by the Secretary,4 the stewardship organizations shall coordinate in carrying out their education5 and outreach responsibilities under this subdivision and shall include in their6 annual reports to the Secretary a summary of their coordinated education and7 outreach efforts. The education and outreach program and website shall notify8 the public of the following:9(A) that there is a free collection program for covered household10 hazardous products;11(B) the location and hours of operation of collection points and how12 a covered entity can access this collection program;13(C) the special handling considerations associated with covered14 household hazardous products; and15(D) source reduction information for consumers to reduce leftover16 covered household products.17(5) Compliance with appropriate environmental standards. In18 implementing a collection plan, a stewardship organization shall comply with19 all applicable laws related to the collection, transportation, and disposal of20 hazardous waste. A stewardship organization shall comply with any specialBILL AS PASSED BY THE HOUSE H.3192025 Page 11 of 771 handling or disposal standards established by the Secretary for covered2 household hazardous products or for the collection plan of the manufacturer.3(6) Method of disposition. The collection plan shall describe how4 covered household hazardous products will be managed in the most5 environmentally and economically sound manner, including following the6 waste-management hierarchy. The management of covered household7 hazardous products under the collection plan shall use management activities8 in the following priority order: source reduction, reuse, recycling, energy9 recovery, and disposal. Collected covered household hazardous products shall10 be recycled when technically and economically feasible.11(7) Performance goals. A collection plan shall include:12(A) A performance goal for covered household hazardous products13 determined by the number of total participants at collection events and14 facilities listed in the collection plan during a program year divided by the15 total number of households. The number of households shall include seasonal16 households. The calculation methodology for the number of households shall17 be included in the plan.18(B) At a minimum, the collection performance goal for the first19 approved plan shall be an annual participation rate of five percent of the20 households for every collection program based on the number of households21 the collection program serves. After the initial approved program plan, theBILL AS PASSED BY THE HOUSE H.3192025 Page 12 of 771 stewardship organization shall propose performance goals for subsequent2 program plans. The Secretary shall approve the performance goals for the3 plan at least every five years. The stewardship organization shall use the4 results of the most recent waste composition study required under 6604 of this5 title and other relevant factors to propose the performance goals of the6 collection plan. If a stewardship organization does not meet its performance7 goals, the Secretary may require the stewardship organization to revise the8 collection plan to provide for one or more of the following: additional public9 education and outreach, additional collection events, or additional hours of10 operation for collection sites. A stewardship organization is not authorized to11 reduce or cease collection, education and outreach, or other activities12 implemented under an approved plan on the basis of achievement of program13 performance goals.14(8)(C) Collection plan funding. The collection plan shall describe how15 the stewardship organization will fund the implementation of the collection16 plan and collection activities under the plan, including the costs for education17 and outreach, collection, processing, and end-of-life management of the18 covered household hazardous product all municipal collection offered to the19 public in a base program year. A base program year shall be based on the20 services provided in calendar year 2024 and any other collection facilities or21 events approved by the Secretary. Collection costs include facility costs,BILL AS PASSED BY THE HOUSE H.3192025 Page 13 of 771 equipment costs, labor, supplies, maintenance, events costs, and event2 contractor costs, including collection event set-up fees, environmental service3 fees, insurance fees, and shipping containers and materials. The collection4 plan shall include how municipalities will be compensated for all costs5 attributed to collection of covered household hazardous products. The6 Secretary shall resolve disputes relating to compensation.7(2) Subsequent plans. After the expiration of the initial plan approved8 by the Secretary, the collection plan shall include, at a minimum, the9 following:10(A) List of participants. A list of the manufacturers, brands, and11 products participating in the collection plan and a methodology for adding and12 removing manufacturers and notifying the Agency of new participants.13(B) Free statewide collection of covered household hazardous14 products. The collection program shall provide for free, convenient, and15 accessible statewide opportunities for the collection from covered entities of16 covered household hazardous products, including orphan covered products. A17 stewardship organization shall accept all covered household hazardous18 products collected from a covered entity and shall not refuse the collection of a19 covered household hazardous product, including orphan covered household20 products, based on the brand or manufacturer of the covered household21 hazardous product unless specifically exempt from this requirement. TheBILL AS PASSED BY THE HOUSE H.3192025 Page 14 of 771 collection program shall also provide for the payment of collection,2 processing, and end-of-life management of the covered household hazardous3 products. Collection costs include facility costs, equipment costs, labor,4 supplies, maintenance, events costs, and event contractor costs, including5 collection event set-up fees, environmental service fees, insurance fees, and6 shipping containers and materials.7(C) Convenient collection location. The stewardship organization8 shall develop a collection program that allows all municipal household9 hazardous waste collection programs to opt to be a part of the collection plan,10 including collection events and facilities offered by solid waste planning11 entities. The plan shall make efforts to site points of collection equitably12 across all regions of the State to allow for convenient and reasonable access of13 all Vermonters to collection facilities or collection events.14(D) Public education and outreach. The collection plan shall include15 an education and outreach program that shall include a website and may16 include media advertising, retail displays, articles and publications, and other17 public educational efforts. Outreach and education shall be suitable for the18 State’s diverse ethnic populations, through translated and culturally19 appropriate materials, including in-language and targeted outreach. Public20 education and outreach should include content to increase meaningful21 participation by environmental justice focus populations as required by 3BILL AS PASSED BY THE HOUSE H.3192025 Page 15 of 771 V.S.A. chapter 72. During the second approved plan, each stewardship2 organization shall carry out a survey of public awareness regarding the3 requirements of the program established under this chapter that can identify4 communities that have disparities in awareness and need more outreach. Each5 stewardship organization shall share the results of the public awareness6 surveys with the Secretary. If multiple stewardship organizations are7 implementing plans approved by the Secretary, the stewardship organizations8 shall coordinate in carrying out their education and outreach responsibilities9 under this subdivision (D) and shall include in their annual reports to the10 Secretary a summary of their coordinated education and outreach efforts. The11 education and outreach program and website shall notify the public of the12 following:13(i) that there is a free collection program for covered household14 hazardous products;15(ii) the location and hours of operation of collection points and16 how a covered entity can access this collection program;17(iii) the special handling considerations associated with covered18 household hazardous products; and19(iv) source reduction information for consumers to reduce leftover20 covered household products.BILL AS PASSED BY THE HOUSE H.3192025 Page 16 of 771(E) Compliance with appropriate environmental standards. In2 implementing a collection plan, a stewardship organization shall comply with3 all applicable laws related to the collection, transportation, and disposal of4 hazardous waste. A stewardship organization shall comply with any special5 handling or disposal standards established by the Secretary for covered6 household hazardous products or for the collection plan of the manufacturer.7(F) Method of disposition. The collection plan shall describe how8 covered household hazardous products will be managed in the most9 environmentally and economically sound manner, including following the10 waste-management hierarchy. The management of covered household11 hazardous products under the collection plan shall use management activities12 in the following priority order: source reduction, reuse, recycling, energy13 recovery, and disposal. Collected covered household hazardous products shall14 be recycled when technically and economically feasible.15(G) Performance goals. A collection plan shall include:16(i) A performance goal for covered household hazardous products17 determined by the number of total participants at collection events and18 facilities listed in the collection plan during a program year divided by the19 total number of households. The number of households shall include seasonal20 households. The calculation methodology for the number of households shall21 be included in the plan.BILL AS PASSED BY THE HOUSE H.3192025 Page 17 of 771(ii) At a minimum, the collection performance goal for the initial2 plan approved pursuant to subdivision (b)(2) of this section shall be an annual3 participation rate of five percent of the households for every collection4 program based on the number of households the collection program serves.5 After the initial approved program plan, the stewardship organization shall6 propose performance goals for subsequent program plans. The Secretary shall7 approve the performance goals for the plan at least every five years. The8 stewardship organization shall use the results of the most recent waste9 composition study required under 6604 of this title and other relevant factors10 to propose the performance goals of the collection plan. If a stewardship11 organization does not meet its performance goals, the Secretary may require12 the stewardship organization to revise the collection plan to provide for one or13 more of the following: additional public education and outreach, additional14 collection events, or additional hours of operation for collection sites. A15 stewardship organization is not authorized to reduce or cease collection,16 education and outreach, or other activities implemented under an approved17 plan on the basis of achievement of program performance goals.18(H) Collection plan funding. The collection plan shall describe how the19 stewardship organization will fund the implementation of the collection plan20 and collection activities under the plan, including the costs for education and21 outreach, collection, processing, and end-of-life management of the coveredBILL AS PASSED BY THE HOUSE H.3192025 Page 18 of 771 household hazardous product. Collection costs include facility costs,2 equipment costs, labor, supplies, maintenance, events costs, and event3 contractor costs, including collection event set-up fees, environmental service4 fees, insurance fees, and shipping containers and materials. The collection5 plan shall include how municipalities will be compensated for all costs6 attributed to collection of covered household hazardous products. The7 Secretary shall resolve disputes relating to compensation.8 (c) Term of collection plan. A collection plan approved by the Secretary9 under section 7187 of this title shall have a term not to exceed five years,10 provided that the stewardship organization remains in compliance with the11 requirements of this chapter and the terms of the approved collection plan.12 (d) Collection plan implementation. Stewardship organizations shall13 implement the collection plan on or before six months after the date of a final14 decision by the Secretary on the adequacy of the collection plan.15 Sec. 6. 10 V.S.A. § 7184 is amended to read:16 § 7184. STEWARDSHIP ORGANIZATIONS17 (a) Participation in a stewardship organization. A manufacturer shall meet18 the requirements of this chapter by participating in a stewardship organization19 that undertakes the responsibilities under sections 7182, 7183, and 7185 of this20 title.BILL AS PASSED BY THE HOUSE H.3192025 Page 19 of 771 (b) Qualifications for a stewardship organization. To qualify as a2 stewardship organization under this chapter, an organization shall:3(1) commit to assume the responsibilities, obligations, and liabilities of4 all manufacturers participating in the stewardship organization;5(2) not create unreasonable barriers for participation in the stewardship6 organization; and7(3) maintain a public website that lists all manufacturers and8 manufacturers’ brands and products covered by the stewardship organization’s9 approved collection plan.10 (c) A stewardship organization is authorized to charge its members11 reasonable fees for the organization, administration, and implementation of the12 programs required by this chapter.13 Sec. 7. 10 V.S.A. § 7187 is amended to read:14 § 7187. AGENCY RESPONSIBILITIES15 (a) Review and approve collection plans. The Secretary shall review and16 approve or deny collection plans submitted under section 7183 of this title17 according to the public notice and comment requirements of section 7714 of18 this title.19***20 (g) Agency collection plan. If no stewardship organization is formed on or21 before July 1, 2025 or the stewardship organization fails to submit a plan orBILL AS PASSED BY THE HOUSE H.3192025 Page 20 of 771 submits a plan that does not meet the requirements of this chapter, the2 Secretary shall adopt and administer a plan that meets the requirements of3 section 7183 of this title. If the Secretary administers the plan adopted under4 section 7183, the Secretary shall charge each manufacturer the prorated costs5 of plan administration, the Agency’s oversight costs, and a hazardous waste6 reduction assessment of 10 percent of the plan’s total cost to be deposited in7 the Solid Waste Management Assistance Account of the Waste Management8 Assistance Fund, for the purpose of providing grants to municipalities and9 small businesses to prevent pollution and reduce the generation of hazardous10 waste in the State. When determining a manufacturer’s assessment under this11 section, the Agency may allocate costs to a manufacturer of covered household12 hazardous products based on the sales of covered household hazardous13 products nationally prorated to the population of Vermont.14 Sec. 8. 10 V.S.A. § 6621a is amended to read:15 § 6621a. LANDFILL DISPOSAL REQUIREMENTS16 (a) In accordance with the following schedule, no person shall knowingly17 dispose of the following materials in solid waste or in landfills:18***19(12) Covered household hazardous products after July 1, 2025 2026.20***21 Sec. 9. SOLID WASTE PLAN; FLEXIBILITYBILL AS PASSED BY THE HOUSE H.3192025 Page 21 of 771 (a) Notwithstanding the municipal household hazardous waste (HHW)2 collection requirements under the State Solid Waste Plan adopted pursuant to3 10 V.S.A. § 6604, the Secretary of Natural Resources may grant a variance4 from the requirement to conduct at least two household hazardous waste5 collection events in that municipality. The variance shall allow a municipality6 to meet its obligations, as follows:7(1) the municipality has partnered with another municipality to allow its8 residents the ability to access a permanent HHW facility in the same manner as9 the municipality that operates the permanent HHW facility;10(2) the municipality has partnered with a nearby municipality to offer11 collection events to members in both municipalities;12(3) the municipality has demonstrated that it has made reasonable13 efforts to provide alternate collection opportunities identified under14 subdivisions (1) and (2) of this subsection and was unable and that the cost of15 a collection event is unreasonable. In such circumstances the Secretary of16 Natural Resources may reduce the required collection events to one per year.17 (b) This section shall be repealed on July 1, 2027.18* * * Paint Extended Producer Responsibility * * *19 Sec. 10. 10 V.S.A. chapter 159, subchapter 4 is amended to read:20Subchapter 4. Paint Stewardship Program21 § 6671. PURPOSEBILL AS PASSED BY THE HOUSE H.3192025 Page 22 of 771 The purpose of this subchapter is to establish an environmentally sound,2 cost-effective Paint Stewardship Program in the State that will undertake3 responsibility for the development and implementation of strategies to reduce4 the generation of postconsumer paint; promote the reuse of postconsumer5 paint; and collect, transport, and process postconsumer paint, including reuse,6 recycling, energy recovery, and disposal. The Paint Stewardship Program will7 follow the waste management hierarchy for managing and reducing8 postconsumer paint in the order as follows: reduce consumer generation of9 postconsumer paint, reuse, recycle, provide for energy recovery, and dispose.10 The Paint Stewardship Program will provide more opportunities for consumers11 to manage properly their postconsumer paint, provide fiscal relief for local12 government in managing postconsumer paint, keep paint out of the waste13 stream, and conserve natural resources.14 § 6672. DEFINITIONS15 As used in this subchapter:16(1) “Aerosol coating product” means a pressurized coating product17 containing pigments or resins dispensed by means of a propellant and18 packaged and sold in a disposable aerosol container for handheld application,19 or for use in specialized equipment for ground traffic or marking applications.20(2) “Architectural paint” means interior and exterior architectural21 coatings, including interior or exterior water- and oil-based coatings, primers,BILL AS PASSED BY THE HOUSE H.3192025 Page 23 of 771 sealers, or wood coatings, that are sold in containers of five gallons or less.2 “Architectural paint” does not mean industrial coatings, original equipment3 coatings, or specialty coatings.4(3) “Coating-related product” means a product used as a paint additive,5 paint thinner, paint colorant, paint remover, surface sealant, surface6 preparation, surface adhesive, and sold for home improvement.7(2)(4) “Distributor” means a company that has a contractual relationship8 with one or more producers to market and sell architectural paint to retailers in9 Vermont.10(3)(5) “Energy recovery” means recovery in which all or a part of the11 solid waste materials are processed in order to use the heat content or other12 forms of energy of or from the material.13(4)(6) “Environmentally sound management practices” means policies14 to be implemented by a producer or a stewardship organization to ensure15 compliance with all applicable laws and also addressing such issues as16 adequate record keeping, tracking and documenting the fate of materials17 within the State and beyond, and adequate environmental liability coverage for18 professional services and for the operations of the contractors working on19 behalf of the producer organization.20(5)(7) “Municipality” means a city, town, or a village.21(6) “Paint stewardship assessment” means a one-time charge that is:BILL AS PASSED BY THE HOUSE H.3192025 Page 24 of 771(A) added to the purchase price of architectural paint sold in2 Vermont;3(B) passed from the producer to the wholesale purchaser to the4 retailer and then to a retail consumer; and5(C) necessary to cover the cost of collecting, transporting, and6 processing the postconsumer paint managed through the statewide Program.7(8) “Nonindustrial coating” means arts and crafts paint, automotive8 refinish paint, driveway sealer, faux finish or glaze, furniture oil, furniture9 paint, lime wash, lime paint, marine paint, antifouling paint, road and traffic10 marking paint, two-component paint, wood preservative, fire retardant paint,11 dry fog paint, chalkboard paint, and conductive paint, sold in containers of five12 gallons or less for commercial and homeowner use, but does not include13 coatings purchased for industrial or original equipment manufacturer use.14(9)(A) “Paint product” includes:15(i) architectural coatings;16(ii) aerosol coating products;17(iii) coating-related products; and18(iv) nonindustrial coatings.19(B) “Paint product” does not include a health and beauty product.20(7)(10) “Postconsumer paint” means architectural a paint product and its21 containers not used and no longer wanted by a purchaser.BILL AS PASSED BY THE HOUSE H.3192025 Page 25 of 771(8)(11) “Producer” means a manufacturer of architectural paint products2 who sells, offers for sale, or distributes that paint in Vermont under the3 producer’s own name or brand.4(9)(12) “Recycling” means any process by which discarded products,5 components, and by-products are transformed into new usable or marketable6 materials in a manner in which the original products may lose their identity but7 does not include energy recovery or energy generation by means of8 combusting discarded products, components, and by-products with or without9 other waste products.10(10)(13) “Retailer” means any person that offers architectural paint for11 sale at retail in Vermont.12(11)(14) “Reuse” means the return of a product into the economic13 stream for use in the same kind of application as originally intended, without a14 change in the product’s identity.15(12)(15) “Secretary” means the Secretary of Natural Resources.16(13)(16) “Sell” or “sale” means any transfer of title for consideration,17 including remote sales conducted through sales outlets, catalogues, or the18 Internet or any other similar electronic means.19(14)(17) “Stewardship organization” means a nonprofit corporation or20 nonprofit organization created by a producer or group of producers to21 implement the Paint Stewardship Program required under this subchapter.BILL AS PASSED BY THE HOUSE H.3192025 Page 26 of 771 § 6673. PAINT PRODUCT STEWARDSHIP PROGRAM2 (a) A producer or a stewardship organization representing producers shall3 submit a plan for the establishment of a Paint Product Stewardship Program to4 the Secretary for approval by December 1, 2013. The plan shall address the5 following:6(1) Provide a list of participating producers and brands covered by the7 Program.8(2) Provide specific information on the architectural paint products9 covered under the Program, such as interior or exterior water- and oil-based10 coatings, primers, sealers, or wood coatings.11(3) Describe how the Program proposed under the plan will collect,12 transport, recycle, and process postconsumer paint products for end-of-life13 management, including recycling, energy recovery, and disposal, using14 environmentally sound management practices.15(4) Describe the Program and how it will provide for convenient and16 available statewide collection of postconsumer architectural paint products in17 urban and rural areas of the State. The producer or stewardship organization18 shall use the existing household hazardous waste collection infrastructure when19 selecting collection points for postconsumer architectural paint products. A20 paint retailer shall be authorized as a paint collection point of postconsumer21 architectural paint for a Paint Product Stewardship Program if the paint retailerBILL AS PASSED BY THE HOUSE H.3192025 Page 27 of 771 volunteers to act as a paint collection point and complies with all applicable2 laws, rules, and regulations.3(5) Provide geographic information modeling to determine the number4 and distribution of sites for collection of postconsumer architectural paint5 based on the following criteria:6(A) at least 90 percent of Vermont residents shall have a permanent7 collection site within a 15-mile radius; and8(B) one additional permanent site will be established for every9 10,000 residents of a municipality and additional sites shall be distributed to10 provide convenient and reasonably equitable access for residents within each11 municipality, unless otherwise approved by the Secretary.12(6) Establish goals to reduce the generation of postconsumer paint13 products, to promote the reuse of postconsumer paint products, and for the14 proper management of postconsumer paint products as practical based on15 current household hazardous waste program information. The goals may be16 revised by the producer or stewardship organization based on the information17 collected for the annual report.18(7) Describe how postconsumer paint products will be managed in the19 most environmentally and economically sound manner, including following20 the waste-management hierarchy. The management of paint under theBILL AS PASSED BY THE HOUSE H.3192025 Page 28 of 771 Program shall use management activities that promote source reduction, reuse,2 recycling, energy recovery, and disposal.3(8) Describe education and outreach efforts to inform consumers of4 collection opportunities for postconsumer paint products and to promote the5 source reduction and recycling of architectural paint products for each of the6 following: consumers, contractors, and retailers.7 (b) The producer or stewardship organization shall submit a budget for the8 Program proposed under subsection (a) of this section, and for any amendment9 to the plan that would affect the Program’s costs. The budget shall include a10 funding mechanism under which each architectural paint producer remits to a11 stewardship organization payment of a paint stewardship assessment for each12 container of architectural paint it sells in this State. Prior to submitting the13 proposed budget and assessment to the Secretary, the producer or stewardship14 organization shall provide the budget and assessment to a third-party auditor15 agreed upon by the Secretary. The third-party auditor shall provide a16 recommendation as to whether the proposed budget and assessment is cost-17 effective, reasonable, and limited to covering the cost of the Program. The18 paint stewardship assessment shall be added to the cost of all architectural19 paint sold in Vermont. To ensure that the funding mechanism is equitable and20 sustainable, a uniform paint stewardship assessment shall be established for all21 architectural paint sold. The paint stewardship assessment shall be approvedBILL AS PASSED BY THE HOUSE H.3192025 Page 29 of 771 by the Secretary and shall be sufficient to recover, but not exceed, the costs of2 the Paint Stewardship Program. [Repealed.]3 (c) Beginning no later than July 1, 2014, or three Six months after approval4 of the plan for a Paint Product Stewardship Program required under subsection5 (a) of this section, whichever occurs later, a producer of architectural paint6 products sold at retail or a stewardship organization of which a producer is a7 member shall implement the approved plan for a Paint Product Stewardship8 Program.9 (d) A producer or a stewardship organization of which a producer is a10 member shall promote a Paint Product Stewardship Program and provide11 consumers with educational and informational materials describing collection12 opportunities for postconsumer paint products Statewide and promotion of13 waste prevention, reuse, and recycling. The educational and informational14 program shall make consumers aware that the funding for the operation of the15 Paint Product Stewardship Program has been added to the purchase price of all16 architectural paint products sold in the State.17 (e) A plan approved under this section shall provide for collection of18 postconsumer architectural paint at no cost to the person from whom the19 architectural paint product is collected.BILL AS PASSED BY THE HOUSE H.3192025 Page 30 of 771 (f) When a plan or amendment to an approved plan is submitted under this2 section, the Secretary shall make the proposed plan or amendment available3 for public review and comment for at least 30 days.4 (g) A producer or paint stewardship organization shall submit to the5 Secretary for review, in the same manner as required under subsection 6675(a)6 of this title, an amendment to an approved plan when there is:7(1) a change to a paint stewardship assessment under the plan;8(2) an addition to or removal of a category of products covered under9 the Program; or10(3)(2) a revision of the product stewardship organization’s goals.11 (h) A plan approved by the Secretary under section 6675 of this title shall12 have a term not to exceed five years, provided that the producer remains in13 compliance with the requirements of this chapter and the terms of the14 approved plan.15 (i) In addition to the requirements specified in subsection (a) of this16 section, a stewardship organization shall notify the Secretary in writing within17 30 days of before any change to:18(1) the number of collection sites for postconsumer architectural paint19 products identified under this section as part of the plan;20(2) the producers identified under this section as part of the plan;BILL AS PASSED BY THE HOUSE H.3192025 Page 31 of 771(3) the brands of architectural paint products identified under this2 section as part of the plan; and3(4) the processors that manage postconsumer architectural paint4 products identified under this section as part of the plan.5 (j) Upon submission of a plan to the Secretary under this section, a6 producer or a stewardship organization shall pay the fee required by 3 V.S.A.7 § 2822(j)(31). Thereafter, the producer or stewardship organization shall pay8 the fee required by 3 V.S.A. § 2822(j)(31) annually by July 1 of each year.9 § 6674. RETAILER RESPONSIBILITY10 (a) A producer or retailer may not sell or offer for sale architectural a paint11 product to any person in Vermont unless the producer of that architectural12 paint brand or a stewardship program of which the producer of that13 architectural paint brand is a member that the producer is a member of is14 implementing an approved plan for a Paint Product Stewardship Program as15 required by section 6673 of this title. A retailer complies with the16 requirements of this section if, on the date the architectural paint product was17 ordered from the producer or its agent, the producer or paint brand is listed on18 the Agency of Natural Resources’ website as a producer or brand participating19 in an approved plan for a Paint Product Stewardship Program.20 (b) At the time of sale to a consumer, a producer, a stewardship21 organization, or a retailer selling or offering architectural paint products forBILL AS PASSED BY THE HOUSE H.3192025 Page 32 of 771 sale shall provide the consumer with information regarding available2 management options for postconsumer paint products collected through the3 Paint Product Stewardship Program or a brand of paint being sold under the4 Program.5 § 6675. AGENCY RESPONSIBILITY6 (a)(1) Within 90 days of after receipt of a plan submitted under section7 6673 of this title, the Secretary shall review the plan and make a determination8 whether or not to approve the plan. The Secretary shall issue a letter of9 approval for a submitted plan if:10(A) the submitted plan provides for the establishment of a Paint11 Product Stewardship Program that meets the requirements of subsection12 6673(a) of this subchapter; and13(B) the Secretary determines that the plan:14(i) achieves convenient collection for consumers;15(ii) educates the public on proper paint product management; and16(iii) manages waste paint products in a manner that is17 environmentally safe and promotes reuse and recycling; and18(iv) is cost-effective.19(2) If the Secretary does not approve a submitted plan, the Secretary20 shall issue to the paint product stewardship organization a letter listing the21 reasons for the disapproval of the plan. If the Secretary disapproves a plan, aBILL AS PASSED BY THE HOUSE H.3192025 Page 33 of 771 paint product stewardship organization intending to sell or continue to sell2 architectural paint in the State shall submit a new plan within 60 days of after3 receipt of the letter of disapproval.4 (b)(1) The Secretary shall review and approve the stewardship assessment5 proposed by a producer pursuant to subsection 6673(b) of this title. The6 Secretary shall only approve the Program budget and any assessment if the7 applicant has demonstrated that the costs of the Program and any proposed8 assessment are reasonable and the assessment does not exceed the costs of9 implementing an approved plan.10(2) If an amended plan is submitted under subsection 6673(g) of this11 title that proposes to change the cost of the Program or proposes to change the12 paint stewardship assessment under the plan, the disapproval of any proposed13 new assessment or the failure of an approved new assessment to cover the total14 costs of the Program shall not relieve a producer or stewardship organization15 of its obligation to continue to implement the approved plan under the16 originally approved assessment.17 (c) Facilities solely collecting paint products for the Paint Product18 Stewardship Program that would not otherwise be subject to solid waste19 certification requirements shall not be required to obtain a solid waste20 certification. Persons solely transporting paint for the Paint Product21 Stewardship Program that would not otherwise be subject to solid waste haulerBILL AS PASSED BY THE HOUSE H.3192025 Page 34 of 771 permitting requirements shall not be required to obtain a solid waste hauler’s2 permit.3 § 6676. ANTICOMPETITIVE CONDUCT4 (a) A producer or an organization of producers that manages postconsumer5 paint, including collection, transport, recycling, and processing of6 postconsumer paint, as required by this subchapter may engage in7 anticompetitive conduct to the extent necessary to implement the plan8 approved by the Secretary and is immune from liability for the conduct9 relating to antitrust, restraint of trade, unfair trade practices, and other10 regulation of trade or commerce.11 (b) The activity authorized and the immunity afforded under subsection (a)12 of this section shall not apply to any agreement among producers or paint13 stewardship organizations:14(1) establishing or affecting the price of paint, except for the paint15 stewardship assessment approved under subsection 6675(b) of this title;16(2) setting or limiting the output or production of paint;17(3) setting or limiting the volume of paint sold in a geographic area;18(4) restricting the geographic area where paint will be sold; or19(5) restricting the customers to whom paint will be sold or the volume of20 paint that will be sold A manufacturer or representative organization21 implementing or participating in a stewardship program as required by thisBILL AS PASSED BY THE HOUSE H.3192025 Page 35 of 771 subchapter shall not be liable for any claim of a violation of antitrust, restraint2 of trade, unfair trade practice, or other anticompetitive conduct arising from3 conduct undertaken in accordance with the program.4 § 6677. PRODUCER REPORTING REQUIREMENTS5 No later than October 15, 2015, and annually thereafter, Annually, on or6 before October 15, a producer or a stewardship program of which the producer7 is a member shall submit to the Secretary a report describing the Paint Product8 Stewardship Program that the producer or Stewardship Program is9 implementing as required by section 6673 of this title. At a minimum, the10 report shall include:11(1) a description of the methods the producer or Stewardship Program12 used to reduce, reuse, collect, transport, recycle, and process postconsumer13 paint products statewide in Vermont;14(2) the volume and type of postconsumer paint products collected by the15 producer or Stewardship Program at each collection center in all regions of16 Vermont;17(3) the volume of postconsumer paint products collected by the18 producer or Stewardship Program in Vermont by method of disposition,19 including reuse, recycling, energy recovery, and disposal;20(4) an independent financial audit of the Paint Product Stewardship21 Program implemented by the producer or the Stewardship Program;BILL AS PASSED BY THE HOUSE H.3192025 Page 36 of 771(5) the prior year’s actual direct and indirect costs for each Program2 element and the administrative and overhead costs of administering the3 approved Program; and4(6) samples of the educational materials that the producer or5 stewardship program provided to consumers of architectural paint..6***7 § 6680. UNIVERSAL WASTE DESIGNATION FOR POSTCONSUMER8PAINT9 (a) The requirements of Subchapter 9 of the Vermont Hazardous Waste10 Management Rules, which allow certain categories of hazardous waste to be11 managed as universal waste, shall apply to postconsumer paint products until12 the postconsumer paint is discarded, provided that:13(1) the postconsumer paint product is collected as a part of a14 stewardship plan approved under this subchapter; and15(2) the collected postconsumer paint product is or includes a paint16 product that is a hazardous waste as defined and regulated by the Vermont17 Hazardous Waste Management Rules.18 (b) When postconsumer paint product is regulated as universal waste under19 subsection (a) of this section, small and large quantity handlers of the20 postconsumer paint shall manage the postconsumer paint products in a manner21 that prevents releases of any universal waste or component of the universalBILL AS PASSED BY THE HOUSE H.3192025 Page 37 of 771 waste to the environment. Postconsumer paint products regulated as universal2 waste shall, at a minimum, be contained in one or more of the following:3(1) a container that remains closed, structurally sound, and compatible4 with the postconsumer paint products and that lacks evidence of leakage,5 spillage, or damage that could cause leakage under reasonably foreseeable6 conditions; or7(2) a container that does not meet the requirements of subdivision (1) of8 this subsection, provided that the unacceptable container is overpacked in a9 container that meets the requirements of subdivision (1).10 (c) Containers holding postconsumer paint products that is are regulated as11 universal waste shall be clearly labeled to clearly identify the contents of the12 container, such as “Paint-Related Waste,” “Universal Waste Paint,” “Used13 Paint,” or “Waste Paint.”14 (d) Unless otherwise provided by statute, the definitions of the Vermont15 Hazardous Waste Management Rules shall apply to this section.16 § 6681. PAINT CONSUMER FEES17 A retailer shall charge the following fees on paint and remit the fees to the18 approved stewardship organization for the administration of program approved19 by the Secretary:20 (1) Half pint or smaller: No fee.21 (2) Greater than a half pint to one gallon: $0.65.BILL AS PASSED BY THE HOUSE H.3192025 Page 38 of 771 (3) Greater than one gallon to two gallons: $1.35.2 (4) Greater than two gallons to five gallons: $2.45.3 Sec. 11. IMPLEMENTATION4 (a) The requirements for the sale of paint products under 10 V.S.A. § 66735 shall apply to architectural coatings beginning on July 1, 2013 and all paint6 products beginning July 1, 2026.7 (b) The requirement under 10 V.S.A. § 6673 for an architectural coatings8 producer to submit a stewardship plan to the Secretary of Natural Resources9 currently applies to producers of architectural coatings as required beginning10 on July 1, 2013 and shall also apply to producers of paint related products11 beginning on July 1, 2026.12 (c) The requirement under 10 V.S.A. § 6677 that an architectural coatings13 producer annually report to the Secretary of Natural Resources currently14 applies to producers of architectural coatings as required beginning on July 1,15 2013 and shall also apply to producers of paint related products beginning on16 March 1, 2027.17* * * Healthy Homes Initiative * * *18 Sec. 12. 2024 Acts and Resolves No. 78, Sec. B.1103 is amended to read:19 Sec. B.1103 CLIMATE AND ENVIRONMENT – FISCAL YEAR 202420ONE-TIME APPROPRIATIONS21***BILL AS PASSED BY THE HOUSE H.3192025 Page 39 of 771 (j)(1) In fiscal year 2024, the amount of $6,100,000 American Rescue Plan2 Act (ARPA) – Coronavirus State Fiscal Recovery Funds is appropriated to the3 Department of Environmental Conservation for the Healthy Homes Initiative.4 Funds shall be used to make repairs or improvements to drinking water,5 wastewater, or stormwater systems for Vermonters who have low to moderate6 income or who live in manufactured housing communities, or both.7(2) All information submitted to or compiled by the Department of8 Environmental Conservation related to the issuance of individual funding9 awards under the Healthy Homes Initiative shall be considered confidential10 unless the person providing the information designates that it is not11 confidential. This shall include all personal information of applicants that12 request or receive funding. Notwithstanding 1 V.S.A. § 214, this subdivision13 shall take effect on passage and shall apply retroactively to July 1, 2023.14***15* * * Flood Safety * * *16 Sec. 13. 2024 Act and Resolves No. 121, Sec. 3 is amended to read:17 Sec. 3. DEPARTMENT OF ENVIRONMENTAL CONSERVATION;18RIVER CORRIDOR BASE MAP; INFILL MAPPING;19EDUCATION AND OUTREACH20 (a) On or before January 1, 2026 2027, the Department of Environmental21 Conservation, in consultation with the Agency of Commerce and CommunityBILL AS PASSED BY THE HOUSE H.3192025 Page 40 of 771 Development and the regional planning commissions, shall amend by2 procedure the statewide River Corridor Base Map to identify areas suitable for3 development that are located within existing settlements and that will not cause4 or contribute to increases in fluvial erosion hazards.5 (b) Beginning on January 1, 2025 and ending on January 1, 2027 2028, the6 Department of Environmental Conservation shall conduct an education and7 outreach program to consult with and collect input from municipalities,8 environmental justice focus populations, the Environmental Justice Advisory9 Council, businesses, property owners, farmers, and other members of the10 public regarding how State permitting of development in mapped river11 corridors will be implemented, including potential restrictions on the use of12 land within mapped river corridors. The Department shall develop educational13 materials for the public as part of its charge under this section. The14 Department shall collect input from the public regarding the permitting of15 development in mapped river corridors as proposed by this act. On or before16 January 15, 2027 2028 and until permitting of development in mapped river17 corridors begins under 10 V.S.A. § 754, the Department shall submit to the18 Senate Committee on Natural Resources and Energy, the House Committee on19 Environment and Energy, and the Environmental Justice Advisory Council a20 report that shall include:21(1) a summary of the public input it received regarding State permittingBILL AS PASSED BY THE HOUSE H.3192025 Page 41 of 771 of development in mapped river corridors during the public education and2 outreach required under this section;3(2) recommendations, based on the public input collected, for changes4 to the requirements for State permitting of development in mapped river5 corridors;6(3) an analysis and summary of State permitting of development in7 mapped river corridors on environmental justice populations; and8(4) a summary of the Department’s progress in adopting the rules9 required under 10 V.S.A. § 754 for the regulation of development in mapped10 river corridors.11 Sec. 14. 10 V.S.A. § 754 is amended to read:12 § 754. MAPPED RIVER CORRIDOR RULES13 (a) Rulemaking authority.14(1) On or before July 1, 2027 July 15, 2028, the Secretary shall adopt15 rules pursuant to 3 V.S.A. chapter 25 that establish requirements for issuing16 and enforcing permits for:17(A) all development within a mapped river corridor in the State; and18(B) for development exempt from municipal regulation in flood19 hazard areas.20(2) The Secretary shall not adopt rules under this subsection that21 regulate agricultural activities without the consent of the Secretary ofBILL AS PASSED BY THE HOUSE H.3192025 Page 42 of 771 Agriculture, Food and Markets, provided that the Secretary of Agriculture,2 Food and Markets shall not withhold consent under this subdivision when lack3 of such consent would result in the State’s noncompliance with the National4 Flood Insurance Program.5(3) The Secretary shall seek the guidance of the Federal Emergency6 Management Agency in developing and drafting the rules required by this7 section in order to ensure that the rules are sufficient to meet eligibility8 requirements for the National Flood Insurance Program.9***10 (e) Permit requirement. Beginning on January 1, 2028 July 1, 2029, a11 person shall not commence or conduct development exempt from municipal12 regulation in a flood hazard area or commence or conduct any development in13 a mapped river corridor without a permit issued under the rules required under14 subsection (a) of this section by the Secretary or by a State agency delegated15 permitting authority under subsection (f) of this section. When an application16 is filed under this section, the Secretary or delegated State agency shall17 proceed in accordance with chapter 170 of this title.18***19 Sec. 15. 2024 Acts and Resolves 121, Sec. 10 is amended to read:20 Sec. 10. STUDY COMMITTEE ON STATE ADMINISTRATION OF21THE NATIONAL FLOOD INSURANCE PROGRAMBILL AS PASSED BY THE HOUSE H.3192025 Page 43 of 771***2 (e) Report. On or before August 15, 2025 2026, the Study Committee3 shall submit a written report to the General Assembly with its findings and any4 recommendations for legislative action. Any recommendation for legislative5 action shall be as draft legislation.6***7 Sec. 16. 2024 Acts and Resolves 121, Sec. 11(a) is amended to read:8 (a) The Secretary of Natural Resources shall initiate rulemaking, including9 pre-rulemaking, for the rules required in Sec. 5 of this act, 10 V.S.A. § 75410 (river corridor development), not later than July 1, 2025. The rules shall be11 adopted on or before July 1, 2027 2028.12 Sec. 17. 2024 Acts and Resolves No. 121, Sec. 29(b) is amended to read:13 (b) All other sections shall take effect July 1, 2024, except that:14(1) Secs. 6a, 7, 8, 8a, and 9 (conforming amendments to municipal river15 corridor planning) shall take effect on January 1, 2028, except that in Sec. 9,16 24 V.S.A. § 4424(a)(2)(B)(i) (municipal compliance with the State Flood17 Hazard Area Standards) shall take effect on January 1, 2026 2028;18***19* * * Wetlands * * *20 Sec. 18. 10 V.S.A. § 918 is amended to read:21 § 918. NET GAIN OF WETLANDS; STATE GOAL; RULEMAKINGBILL AS PASSED BY THE HOUSE H.3192025 Page 44 of 771 (a) On or before July 1 December 1, 2025, the Secretary of Natural2 Resources shall amend the Vermont Wetlands Rules pursuant to 3 V.S.A.3 chapter 25 to clarify that the goal of wetlands regulation and management in4 the State is the net gain of wetlands to be achieved through protection of5 existing wetlands and restoration of wetlands that were previously adversely6 affected. This condition shall not apply to wetland, river, and flood plain7 restoration projects, including dam removals.8***9 (c) At a minimum, the Wetlands Rules shall be revised to:10(1) Require an applicant for a wetland permit that authorizes adverse11 impacts to more than 5,000 square feet of wetlands to compensate for those12 impacts through restoration, enhancement, or creation of wetland resources.13(2) Incorporate the net gain rule into requirements for permits issued14 after September 1 December 1, 2025.15***16* * * Dams * * *17 Sec. 19. 2024 Acts and Resolves No. 121, Sec. 22 is amended to read:18 Sec. 22. STUDY COMMITTEE ON DAM EMERGENCY OPERATIONS19PLANNING20 (a) Creation. There is created the Study Committee on Dam Emergency21 Operations Planning to review and recommend how to improve regionalBILL AS PASSED BY THE HOUSE H.3192025 Page 45 of 771 emergency action planning for hazards caused by dam failure, including how2 to shift responsibility for emergency planning from individual municipalities3 to regional authorities, how to improve regional implementation of dam4 emergency response plans, and how to fund dam emergency action planning at5 the regional level.6***7 (e) Report. On or before December 15, 2024 2025, the Study Committee8 shall submit a written report to the General Assembly with its findings and any9 recommendations for legislative action. Any recommendation for legislative10 action shall be submitted as draft legislation.11 (f) Meetings.12(1) The Secretary of Natural Resources or designee shall call the first13 meeting of the Study Committee.14(2) The Committee shall select a chair from among its members at the15 first meeting.16(3) A majority of the membership of the Study Committee shall17 constitute a quorum.18(4) The Study Committee shall cease to exist on March 1, 2025 2026.19***20 Sec. 20. 2024 Acts and Resolves No. 121, Sec. 24(f) is amended to read:21 (f) On or before January 15 September 1, 2025, the Agency of NaturalBILL AS PASSED BY THE HOUSE H.3192025 Page 46 of 771 Resources shall complete its analysis of the capital and ongoing operations and2 maintenance costs of the Green River Dam, as authorized in 2022 Acts and3 Resolves No. 83, Sec. 46, and shall submit the results of the analysis to the4 House Committees on Environment and Energy and on Appropriations and the5 Senate Committees on Natural Resources and Energy and on Appropriations.6* * * Effective Date * * *7 Sec. 21. EFFECTIVE DATE8 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, thestewardship organization formed pursuant to 10 V.S.A. chapter 168 shallcomplete an assessment of the opportunities, challenges, and feasibility ofestablishing mandatory end-of-life management programs for the followingbattery 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:BILL AS PASSED BY THE HOUSE H.3192025 Page 47 of 77(1) a summary of the work and progress other states have made inestablishing end-of-life management programs for the three battery types listedunder subsection (a) of this section; and(2) policy recommendations on whether mandatory end-of-lifemanagement programs are necessary for the battery types listed undersubsection (a) of this section.(c) The assessment required by this section shall be provided to theSecretary of Natural Resources, the House Committee on Environment andEnergy, 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 tankthat is visibly designated by the Agency as not having a valid permit or notmeeting standards adopted by the Secretary related to corrosion protection,spill prevention, leak detection, financial responsibility, or overfill protectionthat 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. DEFINITIONSAs used in this chapter:***BILL AS PASSED BY THE HOUSE H.3192025 Page 48 of 77(4)(A) “Covered household hazardous product” means a consumerproduct offered for retail sale that is contained in the receptacle in which theproduct is offered for retail sale, if the product has any of the followingcharacteristics:(i) the product or a component of the product is a hazardous wasteunder subchapter 2 of the Vermont Hazardous Waste ManagementRegulations, 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 ofthe following:***(iv) architectural paint as that term is defined in section 6672 ofthis 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.BILL AS PASSED BY THE HOUSE H.3192025 Page 49 of 77(1) A manufacturer of a covered household hazardous product shall notsell, offer for sale, or deliver to a retailer for subsequent sale a coveredhousehold hazardous product without registering with the stewardshiporganization pursuant to subsection (c) of this section.(2) Beginning six months after a final decision on the adequacy of acollection plan by the Secretary, a manufacturer of a covered householdhazardous product shall not sell, offer for sale, or deliver to a retailer forsubsequent sale a covered household hazardous product unless all thefollowing have been met:(1)(A) The manufacturer is participating in a stewardshiporganization implementing an approved collection plan.(2)(B) The name of the manufacturer, the manufacturer’s brand, andthe name of the covered household hazardous product are submitted to theAgency of Natural Resources by a stewardship organization and listed on thestewardship organization’s website as covered by an approved collection plan.(3)(C) The stewardship organization in which the manufacturerparticipates has submitted an annual report consistent with the requirements ofsection 7185 of this title.(4)(D) The stewardship organization in which the manufacturerparticipates has conducted a plan audit consistent with the requirements ofsubsection 7185(b) of this title.BILL AS PASSED BY THE HOUSE H.3192025 Page 50 of 77(b) Stewardship organization registration requirements.(1) On or before July 1, 2025 and annually thereafter, a stewardshiporganization shall file a registration form with the Secretary. The Secretaryshall provide the registration form to the stewardship organization. Theregistration form shall include:(A) a list of the manufacturers participating in the stewardshiporganization;(B) a list of the brands of each manufacturer participating in thestewardship organization;(C) a list of the covered household hazardous products of eachmanufacturer participating in the stewardship organization;(D) the name, address, and contact information of a personresponsible for ensuring compliance with this chapter;(E) a description of how the stewardship organization meets therequirements of subsection 7184(b) of this title, including any reasonablerequirements for participation in the stewardship organization; and(F)(B) the name, address, and contact information of a person for anonmember manufacturer to contact regarding how to participate in thestewardship organization to satisfy the requirements of this chapter.(2) A renewal of a registration without changes may be accomplishedthrough notifying the Agency of Natural Resources on a form provided by theBILL AS PASSED BY THE HOUSE H.3192025 Page 51 of 77Agency Beginning July 1, 2026 and annually thereafter, a stewardshiporganization shall renew its registration with the Secretary. A renewalregistration shall include the following:(A) a list of the manufacturers participating in the stewardshiporganization;(B) a list of the brands of each manufacturer participating in thestewardship organization;(C) a list of the covered household hazardous products of eachmanufacturer participating in the stewardship organization;(D) the name, address, and contact information of a personresponsible for ensuring compliance with this chapter;(E) a description of how the stewardship organization meets therequirements of subsection 7184(b) of this title, including any reasonablerequirements for participation in the stewardship organization; and(F) the name, address, and contact information of a person for anonmember manufacturer to contact regarding how to participate in thestewardship organization to satisfy the requirements of this chapter.(c) Manufacturer registration. On or before November 1, 2025, amanufacturer of a covered household hazardous product shall register with thestewardship organization in a manner proscribed by the stewardshiporganization.BILL AS PASSED BY THE HOUSE H.3192025 Page 52 of 77Sec. 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 asrepresenting manufacturers of covered household hazardous products shallcoordinate and submit to the Secretary for review one collection plan for allmanufacturers.(b) Collection plan; minimum requirements. Each collection plan shallinclude, at a minimum, all of the following requirements:(1) Initial plan. The initial plan shall last for a period not to exceedthree years and contain, at a minimum, the following requirements:(A) List of participants. A list of the manufacturers, brands, andproducts participating in the collection plan and a methodology for addingand removing manufacturers and notifying the Agency of new participants.(2)(B) Free statewide collection of covered household hazardousproducts. The collection program shall provide reimburse municipalities whena municipality provides for free, convenient, and accessible statewideopportunities for the collection from covered entities of covered householdhazardous products, including orphan covered products. A stewardshiporganization shall accept all covered household hazardous products collectedfrom a covered entity and shall not refuse the collection of a covered householdBILL AS PASSED BY THE HOUSE H.3192025 Page 53 of 77hazardous product, including orphan covered household products, based onthe brand or manufacturer of the covered household hazardous product unlessspecifically exempt from this requirement. The collection program shall alsoprovide for the payment of collection, processing, and end-of-life managementof the covered household hazardous products. Collection costs include facilitycosts, equipment costs, labor, supplies, maintenance, events costs, and eventcontractor costs, including collection event set-up fees, environmental servicefees, insurance fees, and shipping containers and materials.(3) Convenient collection location. The stewardship organization shalldevelop a collection program that allows all municipal household hazardouswaste collection programs to opt to be a part of the collection plan, includingcollection events and facilities offered by solid waste planning entities. Theplan shall make efforts to site points of collection equitably across all regionsof the State to allow for convenient and reasonable access of all Vermonters tocollection facilities or collection events.(4) Public education and outreach. The collection plan shall include aneducation and outreach program that shall include a website and may includemedia advertising, retail displays, articles and publications, and other publiceducational efforts. Outreach and education shall be suitable for the State’sdiverse ethnic populations, through translated and culturally appropriatematerials, including in-language and targeted outreach. Public education andBILL AS PASSED BY THE HOUSE H.3192025 Page 54 of 77outreach should include content to increase meaningful participation byenvironmental justice focus populations as required by 3 V.S.A. chapter 72.During the first year of program implementation and two years after adoptionof the collection plan, each stewardship organization shall carry out a surveyof public awareness regarding the requirements of the program establishedunder this chapter that can identify communities that have disparities inawareness and need more outreach. Each stewardship organization shallshare the results of the public awareness surveys with the Secretary. If multiplestewardship organizations are implementing plans approved by the Secretary,the stewardship organizations shall coordinate in carrying out their educationand outreach responsibilities under this subdivision and shall include in theirannual reports to the Secretary a summary of their coordinated education andoutreach efforts. The education and outreach program and website shall notifythe public of the following:(A) that there is a free collection program for covered householdhazardous products;(B) the location and hours of operation of collection points and howa covered entity can access this collection program;(C) the special handling considerations associated with coveredhousehold hazardous products; andBILL AS PASSED BY THE HOUSE H.3192025 Page 55 of 77(D) source reduction information for consumers to reduce leftovercovered household products.(5) Compliance with appropriate environmental standards. Inimplementing a collection plan, a stewardship organization shall comply withall applicable laws related to the collection, transportation, and disposal ofhazardous waste. A stewardship organization shall comply with any specialhandling or disposal standards established by the Secretary for coveredhousehold hazardous products or for the collection plan of the manufacturer.(6) Method of disposition. The collection plan shall describe howcovered household hazardous products will be managed in the mostenvironmentally and economically sound manner, including following thewaste-management hierarchy. The management of covered householdhazardous products under the collection plan shall use management activitiesin the following priority order: source reduction, reuse, recycling, energyrecovery, and disposal. Collected covered household hazardous products shallbe recycled when technically and economically feasible.(7) Performance goals. A collection plan shall include:(A) A performance goal for covered household hazardous productsdetermined by the number of total participants at collection events andfacilities listed in the collection plan during a program year divided by thetotal number of households. The number of households shall include seasonalBILL AS PASSED BY THE HOUSE H.3192025 Page 56 of 77households. The calculation methodology for the number of households shallbe included in the plan.(B) At a minimum, the collection performance goal for the firstapproved plan shall be an annual participation rate of five percent of thehouseholds for every collection program based on the number of householdsthe collection program serves. After the initial approved program plan, thestewardship organization shall propose performance goals for subsequentprogram plans. The Secretary shall approve the performance goals for theplan at least every five years. The stewardship organization shall use theresults of the most recent waste composition study required under 6604 of thistitle and other relevant factors to propose the performance goals of thecollection plan. If a stewardship organization does not meet its performancegoals, the Secretary may require the stewardship organization to revise thecollection plan to provide for one or more of the following: additional publiceducation and outreach, additional collection events, or additional hours ofoperation for collection sites. A stewardship organization is not authorized toreduce or cease collection, education and outreach, or other activitiesimplemented under an approved plan on the basis of achievement of programperformance goals.(8)(C) Collection plan funding. The collection plan shall describe howthe stewardship organization will fund the implementation of the collectionBILL AS PASSED BY THE HOUSE H.3192025 Page 57 of 77plan and collection activities under the plan, including the costs for educationand outreach, collection, processing, and end-of-life management of thecovered household hazardous product all municipal collection offered to thepublic in a base program year. A base program year shall be based on theservices provided in calendar year 2024 and any other collection facilities orevents approved by the Secretary. Collection costs include facility costs,equipment costs, labor, supplies, maintenance, events costs, and eventcontractor costs, including collection event set-up fees, environmental servicefees, insurance fees, and shipping containers and materials. The collectionplan shall include how municipalities will be compensated for all costsattributed to collection of covered household hazardous products. TheSecretary shall resolve disputes relating to compensation.(2) Subsequent plans. After the expiration of the initial plan approvedby the Secretary, the collection plan shall include, at a minimum, thefollowing:(A) List of participants. A list of the manufacturers, brands, andproducts participating in the collection plan and a methodology for addingand removing manufacturers and notifying the Agency of new participants.(B) Free statewide collection of covered household hazardousproducts. The collection program shall provide for free, convenient, andaccessible statewide opportunities for the collection from covered entities ofBILL AS PASSED BY THE HOUSE H.3192025 Page 58 of 77covered household hazardous products, including orphan covered products. Astewardship organization shall accept all covered household hazardousproducts collected from a covered entity and shall not refuse the collection of acovered household hazardous product, including orphan covered householdproducts, based on the brand or manufacturer of the covered householdhazardous product unless specifically exempt from this requirement. Thecollection program shall also provide for the payment of collection,processing, and end-of-life management of the covered household hazardousproducts. Collection costs include facility costs, equipment costs, labor,supplies, maintenance, events costs, and event contractor costs, includingcollection event set-up fees, environmental service fees, insurance fees, andshipping containers and materials.(C) Convenient collection location. The stewardship organizationshall develop a collection program that allows all municipal householdhazardous waste collection programs to opt to be a part of the collection plan,including collection events and facilities offered by solid waste planningentities. The plan shall make efforts to site points of collection equitablyacross all regions of the State to allow for convenient and reasonable access ofall Vermonters to collection facilities or collection events.(D) Public education and outreach. The collection plan shall includean education and outreach program that shall include a website and mayBILL AS PASSED BY THE HOUSE H.3192025 Page 59 of 77include media advertising, retail displays, articles and publications, and otherpublic educational efforts. Outreach and education shall be suitable for theState’s diverse ethnic populations, through translated and culturallyappropriate materials, including in-language and targeted outreach. Publiceducation and outreach should include content to increase meaningfulparticipation by environmental justice focus populations as required by 3V.S.A. chapter 72. During the second approved plan, each stewardshiporganization shall carry out a survey of public awareness regarding therequirements of the program established under this chapter that can identifycommunities that have disparities in awareness and need more outreach. Eachstewardship organization shall share the results of the public awarenesssurveys with the Secretary. If multiple stewardship organizations areimplementing plans approved by the Secretary, the stewardship organizationsshall coordinate in carrying out their education and outreach responsibilitiesunder this subdivision (D) and shall include in their annual reports to theSecretary a summary of their coordinated education and outreach efforts. Theeducation and outreach program and website shall notify the public of thefollowing:(i) that there is a free collection program for covered householdhazardous products;BILL AS PASSED BY THE HOUSE H.3192025 Page 60 of 77(ii) the location and hours of operation of collection points andhow a covered entity can access this collection program;(iii) the special handling considerations associated with coveredhousehold hazardous products; and(iv) source reduction information for consumers to reduce leftovercovered household products.(E) Compliance with appropriate environmental standards. Inimplementing a collection plan, a stewardship organization shall comply withall applicable laws related to the collection, transportation, and disposal ofhazardous waste. A stewardship organization shall comply with any specialhandling or disposal standards established by the Secretary for coveredhousehold hazardous products or for the collection plan of the manufacturer.(F) Method of disposition. The collection plan shall describe howcovered household hazardous products will be managed in the mostenvironmentally and economically sound manner, including following thewaste-management hierarchy. The management of covered householdhazardous products under the collection plan shall use management activitiesin the following priority order: source reduction, reuse, recycling, energyrecovery, and disposal. Collected covered household hazardous products shallbe recycled when technically and economically feasible.(G) Performance goals. A collection plan shall include:BILL AS PASSED BY THE HOUSE H.3192025 Page 61 of 77(i) A performance goal for covered household hazardous productsdetermined by the number of total participants at collection events andfacilities listed in the collection plan during a program year divided by thetotal number of households. The number of households shall include seasonalhouseholds. The calculation methodology for the number of households shallbe included in the plan.(ii) At a minimum, the collection performance goal for the initialplan approved pursuant to subdivision (1) of this subsection (b) shall be anannual participation rate of five percent of the households for every collectionprogram based on the number of households the collection program serves.After the initial approved program plan, the stewardship organization shallpropose performance goals for subsequent program plans. The Secretary shallapprove the performance goals for the plan at least every five years. Thestewardship organization shall use the results of the most recent wastecomposition study required under 6604 of this title and other relevant factorsto propose the performance goals of the collection plan. If a stewardshiporganization does not meet its performance goals, the Secretary may requirethe stewardship organization to revise the collection plan to provide for one ormore of the following: additional public education and outreach, additionalcollection events, or additional hours of operation for collection sites. Astewardship organization is not authorized to reduce or cease collection,BILL AS PASSED BY THE HOUSE H.3192025 Page 62 of 77education and outreach, or other activities implemented under an approvedplan on the basis of achievement of program performance goals.(H) Collection plan funding. The collection plan shall describe how thestewardship organization will fund the implementation of the collection planand collection activities under the plan, including the costs for education andoutreach, collection, processing, and end-of-life management of the coveredhousehold hazardous product. Collection costs include facility costs,equipment costs, labor, supplies, maintenance, events costs, and eventcontractor costs, including collection event set-up fees, environmental servicefees, insurance fees, and shipping containers and materials. The collectionplan shall include how municipalities will be compensated for all costsattributed to collection of covered household hazardous products. TheSecretary shall resolve disputes relating to compensation.(c) Term of collection plan. A collection plan approved by the Secretaryunder section 7187 of this title shall have a term not to exceed five years,provided that the stewardship organization remains in compliance with therequirements of this chapter and the terms of the approved collection plan.(d) Collection plan implementation. Stewardship organizations shallimplement the collection plan on or before six months after the date of a finaldecision by the Secretary on the adequacy of the collection plan.Sec. 6. 10 V.S.A. § 7184 is amended to read:BILL AS PASSED BY THE HOUSE H.3192025 Page 63 of 77§ 7184. STEWARDSHIP ORGANIZATIONS(a) Participation in a stewardship organization. A manufacturer shall meetthe requirements of this chapter by participating in a stewardship organizationthat undertakes the responsibilities under sections 7182, 7183, and 7185 of thistitle.(b) Qualifications for a stewardship organization. To qualify as astewardship organization under this chapter, an organization shall:(1) commit to assume the responsibilities, obligations, and liabilities ofall manufacturers participating in the stewardship organization;(2) not create unreasonable barriers for participation in the stewardshiporganization; and(3) maintain a public website that lists all manufacturers andmanufacturers’ brands and products covered by the stewardship organization’sapproved collection plan.(c) A stewardship organization is authorized to charge its membersreasonable fees for the organization, administration, and implementation ofthe 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 andapprove or deny collection plans submitted under section 7183 of this titleBILL AS PASSED BY THE HOUSE H.3192025 Page 64 of 77according to the public notice and comment requirements of section 7714 ofthis title.***(g) Agency collection plan. If no stewardship organization is formed on orbefore July 1, 2025 or the stewardship organization fails to submit a plan orsubmits a plan that does not meet the requirements of this chapter, theSecretary shall adopt and administer a plan that meets the requirements ofsection 7183 of this title. If the Secretary administers the plan adopted undersection 7183, the Secretary shall charge each manufacturer the prorated costsof plan administration, the Agency’s oversight costs, and a hazardous wastereduction assessment of 10 percent of the plan’s total cost to be deposited inthe Solid Waste Management Assistance Account of the Waste ManagementAssistance Fund, for the purpose of providing grants to municipalities andsmall businesses to prevent pollution and reduce the generation of hazardouswaste in the State. When determining a manufacturer’s assessment under thissection, the Agency may allocate costs to a manufacturer of covered householdhazardous products based on the sales of covered household hazardousproducts nationally prorated to the population of Vermont.Sec. 8. 10 V.S.A. § 6621a is amended to read:§ 6621a. LANDFILL DISPOSAL REQUIREMENTSBILL AS PASSED BY THE HOUSE H.3192025 Page 65 of 77(a) In accordance with the following schedule, no person shall knowinglydispose 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 to10 V.S.A. § 6604, the Secretary of Natural Resources may grant a variancefrom the requirement to conduct at least two household hazardous wastecollection events in that municipality. The variance shall allow a municipalityto meet its obligations, as follows:(1) the municipality has partnered with another municipality to allow itsresidents the ability to access a permanent HHW facility in the same manneras the municipality that operates the permanent HHW facility;(2) the municipality has partnered with a nearby municipality to offercollection events to members in both municipalities; or(3) the municipality has demonstrated that it has made reasonableefforts to provide alternate collection opportunities identified undersubdivisions (1) and (2) of this subsection and was unable and that the cost ofBILL AS PASSED BY THE HOUSE H.3192025 Page 66 of 77a collection event is unreasonable. In such circumstances the Secretary ofNatural 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 2024ONE-TIME APPROPRIATIONS***(j)(1) In fiscal year 2024, the amount of $6,100,000 American Rescue PlanAct (ARPA) – Coronavirus State Fiscal Recovery Funds is appropriated to theDepartment 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 moderateincome or who live in manufactured housing communities, or both.(2) All information submitted to or compiled by the Department ofEnvironmental Conservation related to the issuance of individual fundingawards under the Healthy Homes Initiative shall be considered confidentialunless the person providing the information designates that it is notconfidential. This shall include all personal information of applicants thatrequest or receive funding. Notwithstanding 1 V.S.A. § 214, this subdivisionshall take effect on passage and shall apply retroactively to July 1, 2023.BILL AS PASSED BY THE HOUSE H.3192025 Page 67 of 77**** * * 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 EnvironmentalConservation, in consultation with the Agency of Commerce and CommunityDevelopment and the regional planning commissions, shall amend byprocedure the statewide River Corridor Base Map to identify areas suitable fordevelopment that are located within existing settlements and that will not causeor 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 educationand outreach program to consult with and collect input from municipalities,environmental justice focus populations, the Environmental Justice AdvisoryCouncil, businesses, property owners, farmers, and other members of thepublic regarding how State permitting of development in mapped rivercorridors will be implemented, including potential restrictions on the use ofland within mapped river corridors. The Department shall developeducational materials for the public as part of its charge under this section.BILL AS PASSED BY THE HOUSE H.3192025 Page 68 of 77The Department shall collect input from the public regarding the permitting ofdevelopment in mapped river corridors as proposed by this act. On or beforeJanuary 15, 2027 2028 and until permitting of development in mapped rivercorridors begins under 10 V.S.A. § 754, the Department shall submit to theSenate Committee on Natural Resources and Energy, the House Committee onEnvironment and Energy, and the Environmental Justice Advisory Council areport that shall include:(1) a summary of the public input it received regarding State permittingof development in mapped river corridors during the public education andoutreach required under this section;(2) recommendations, based on the public input collected, for changesto the requirements for State permitting of development in mapped rivercorridors;(3) an analysis and summary of State permitting of development inmapped river corridors on environmental justice populations; and(4) a summary of the Department’s progress in adopting the rulesrequired under 10 V.S.A. § 754 for the regulation of development in mappedriver corridors.Sec. 12. 10 V.S.A. § 754 is amended to read:§ 754. MAPPED RIVER CORRIDOR RULES(a) Rulemaking authority.BILL AS PASSED BY THE HOUSE H.3192025 Page 69 of 77(1) On or before July 1, 2027 July 15, 2028, the Secretary shall adoptrules pursuant to 3 V.S.A. chapter 25 that establish requirements for issuingand enforcing permits for:(A) all development within a mapped river corridor in the State; and(B) for development exempt from municipal regulation in floodhazard areas.(2) The Secretary shall not adopt rules under this subsection thatregulate agricultural activities without the consent of the Secretary ofAgriculture, Food and Markets, provided that the Secretary of Agriculture,Food and Markets shall not withhold consent under this subdivision when lackof such consent would result in the State’s noncompliance with the NationalFlood Insurance Program.(3) The Secretary shall seek the guidance of the Federal EmergencyManagement Agency in developing and drafting the rules required by thissection in order to ensure that the rules are sufficient to meet eligibilityrequirements for the National Flood Insurance Program.***(e) Permit requirement. Beginning on January 1, 2028 July 1, 2029, aperson shall not commence or conduct development exempt from municipalregulation in a flood hazard area or commence or conduct any development ina mapped river corridor without a permit issued under the rules requiredBILL AS PASSED BY THE HOUSE H.3192025 Page 70 of 77under subsection (a) of this section by the Secretary or by a State agencydelegated permitting authority under subsection (f) of this section. When anapplication is filed under this section, the Secretary or delegated State agencyshall 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 OFTHE NATIONAL FLOOD INSURANCE PROGRAM***(e) Report. On or before August 15, 2025 2026, the Study Committee shallsubmit a written report to the General Assembly with its findings and anyrecommendations for legislative action. Any recommendation for legislativeaction 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, includingpre-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 beadopted 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:BILL AS PASSED BY THE HOUSE H.3192025 Page 71 of 77(1) Secs. 6a, 7, 8, 8a, and 9 (conforming amendments to municipal rivercorridor 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 FloodHazard 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 NaturalResources shall amend the Vermont Wetlands Rules pursuant to 3 V.S.A.chapter 25 to clarify that the goal of wetlands regulation and management inthe State is the net gain of wetlands to be achieved through protection ofexisting wetlands and restoration of wetlands that were previously adverselyaffected. This condition shall not apply to wetland, river, and flood plainrestoration 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 adverseimpacts to more than 5,000 square feet of wetlands to compensate for thoseimpacts through restoration, enhancement, or creation of wetland resources.BILL AS PASSED BY THE HOUSE H.3192025 Page 72 of 77(2) Incorporate the net gain rule into requirements for permits issuedafter 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 OPERATIONSPLANNING(a) Creation. There is created the Study Committee on Dam EmergencyOperations Planning to review and recommend how to improve regionalemergency action planning for hazards caused by dam failure, including howto shift responsibility for emergency planning from individual municipalities toregional authorities, how to improve regional implementation of damemergency response plans, and how to fund dam emergency action planning atthe regional level.***(e) Report. On or before December 15, 2024 2025, the Study Committeeshall submit a written report to the General Assembly with its findings and anyrecommendations for legislative action. Any recommendation for legislativeaction shall be submitted as draft legislation.(f) Meetings.(1) The Secretary of Natural Resources or designee shall call the firstBILL AS PASSED BY THE HOUSE H.3192025 Page 73 of 77meeting of the Study Committee.(2) The Committee shall select a chair from among its members at thefirst meeting.(3) A majority of the membership of the Study Committee shallconstitute 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 NaturalResources shall complete its analysis of the capital and ongoing operationsand maintenance costs of the Green River Dam, as authorized in 2022 Actsand Resolves No. 83, Sec. 46, and shall submit the results of the analysis to theHouse Committees on Environment and Energy and on Appropriations and theSenate 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 theState Treasurer, shall submit a report to the General Assembly detailing thefeasibility and progress of carrying out the requirements of this chapter,BILL AS PASSED BY THE HOUSE H.3192025 Page 74 of 77including any recommendations for improving the administration of theProgram.(b) The Agency shall adopt rules necessary to implement the requirementsof this chapter, including:(1) adopting methodologies using available science and publiclyavailable data to identify responsible parties and determine their applicableshare of covered greenhouse gas emissions; and(2) requirements for registering entities that are responsible parties andissuing 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 stabilizefloodplains, riparian zones, lake shoreland, wetlands, and similar lands;(B) practices to adapt infrastructure to the impacts of climatechange;(C) practices needed to build out early warning mechanisms andsupport fast, effective response to climate-related threats;(D) practices that support economic and environmental sustainabilityin the face of changing climate conditions; and(E) criteria and procedures for prioritizing climate changeadaptation projects eligible to receive monies from the Climate Superfund CostRecovery Program.BILL AS PASSED BY THE HOUSE H.3192025 Page 75 of 77(c) On or before September 15, 2025, the Secretary shall submit to theHouse Committee on Environment and the Senate Committee on NaturalResources and Energy a report summarizing the Agency of Natural Resources’adoption of the Resilience Implementation Strategy. The Strategy shallinclude:(1) practices utilizing nature-based solutions intended to stabilizefloodplains, 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 supportfast, effective response to climate-related threats;(4) practices that support economic and environmental sustainability inthe face of changing climate conditions; and(5) criteria and procedures for prioritizing climate change adaptationprojects eligible to receive monies from the Climate Superfund Cost RecoveryProgram.(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, includingthe Department of Public Safety’s Division of Vermont EmergencyManagement, assess the adaptation needs and vulnerabilities of various areasBILL AS PASSED BY THE HOUSE H.3192025 Page 76 of 77vital to the State’s economy, normal functioning, and the health and well-beingof Vermonters;(3) identify major potential, proposed, and ongoing climate changeadaptation projects throughout the State;(4) identify opportunities for alignment with existing federal, State, andlocal funding streams;(5) consult with stakeholders, including local governments, businesses,environmental advocates, relevant subject area experts, and representatives ofenvironmental justice focus populations;(6) consider components of the Vermont Climate Action Plan requiredunder section 592 of this title that are related to adaptation or resilience, asdefined in section 590 of this title; and(7) conduct public engagement in areas and communities that have themost significant exposure to the impacts of climate change, includingdisadvantaged, low-income, and rural communities and areas.(d)(e) Nothing in this section shall be construed to limit the existingauthority of a State agency, department, or entity to regulate greenhouse gasemissions or establish strategies or adopt rules to mitigate climate risk andbuild 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.3192025 Page 77 of 77(a) On or before July 1, 2025, the Agency of Natural Resources pursuant to3 V.S.A. § 837 shall file with the Interagency Committee on AdministrativeRules the proposed rule for the adoption of the Resilience ImplementationStrategy 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 establishingthe Resilience Implementation Strategy required pursuant to 10 V.S.A§ 599a(b)(3). [Repealed.]* * * Effective Date * * *Sec. 21. EFFECTIVE DATEThis 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.
History
H 319 has taken 45 actions since Feb 25, 2025, the latest on May 28, 2025.
| Chamber | Action | |||
|---|---|---|---|---|
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