Vermont Legislation

VRWA tracks legislation that affects the water-wastewater industry. Below are pending or recently passed bills in the Senate and the House of Representatives in the state legislature of Vermont that may be of interest to our members.

Help us shape VRWA's message to legislators by sending us your comments on these bills. We also encourage you to contact your legislators directly.

For the full text of these bills and the most recent updates available, visit the website of Vermont's legislature.

Last updated: 02/06/12

H.11
An Act Relating to the Discharge of Pharmaceutical Waste to State Waters

Status: Signed by Governor on 5/17/2011
Main Sponsor: David L. Deen
Description: This bill proposes to clarify that the discharge of pharmaceutical waste to state waters is prohibited unless such a discharge is permitted by the agency of natural resources. The bill would also require the secretary of natural resources, after consultation with the secretary of human services, to report to the general assembly with a recommended state program for the take-back, collection, and disposal of unused or discarded pharmaceuticals.

H.15
An Act Relating to the Application of Fertilizers to Nonagricultural Turf

Status in House: Read First Time and Referred to the Committee on Natural Resources and Energy
Status in Senate: none
Main Sponsor: Tony Klein
Description: This bill proposes to prohibit application to nonagricultural turf of fertilizer containing greater than three percent phosphorus by weight or of liquid fertilizer at a rate greater than 0.3 pounds of phosphorus per 1,000 square feet. The bill would also prohibit application of fertilizer containing phosphorus to an impervious surface.

H.26
An Act Relating to Limiting the Application of Fertilizer Containing Phosphorus or Nitrogen to Nonagricultural Turf

Status: Signed by Governor on 5/19/2011
Main Sponsors: Kate Webb, David L. Deen, Bob Krebs, Jim McCullough, Kristy Spengler
Description: This bill proposes to prohibit the application of fertilizer containing phosphorus or nitrogen to nonagricultural turf unless certain conditions are satisfied. The bill also would prohibit the application of any fertilizer to an impervious surface or within 25 feet of a water of the state. In addition, enforcement of the requirements for the application of fertilizer to nonagricultural turf would be enforceable as a judicial bureau offense.

H.34
An Act Relating to Prohibiting the Use of the Neonicotinoid Pesticides Clothianidin and Imidacloprid

Status in House: Read First Time and Referred to the Committee on Fish, Wildlife & Water Resources
Status in Senate: none
Main Sponsors: Jim McCullough, David L. Deen, Kate Webb
Description: This bill proposes to ban the sale, use, or application of the neonicotinoid pesticides clothianidin and imidacloprid.

H.35
An Act Relating to the Use of Pesticides in Proximity to Water and in Utility Rights-of-way

Status in House: Read First Time and Referred to the Committee on Fish, Wildlife & Water Resources
Status in Senate: none
Main Sponsors: Jim McCullough, David L. Deen, Kate Webb
Description: This bill proposes to require a state discharge permit for pesticide applications for: mosquito control, aquatic nuisance control, forest canopy pest control, and control of pests within 50 feet of state water or significant wetland. The bill would also require a discharge permit for pesticide application to include a requirement for the implementation of integrated pest management. In addition, the bill would require the public service board to amend its rules to require utility companies to implement integrated pest management for maintenance of utility lines and other infrastructure.

H.130
An Act Relating to the Agency of Natural Resources' Delegated Authority to Enforce the Federal Clean Water Act

Status in House: Read First Time and Referred to the Committee on Fish, Wildlife & Water Resources
Status in Senate: none
Main Sponsor: William F. Johnson
Description: This bill proposes to require the agency of natural resources to report to the general assembly in January of 2012 regarding the environmental and economic benefits of forfeiting the authority delegated by the U.S. Environmental Protection Agency to the agency of natural resources to implement and enforce the federal Clean Water Act.

H.268
An Act Relating to Municipal Taxation and Abatement

Status in House: Read First Time and Referred to the Committee on Government Operations
Status in Senate: none
Main Sponsors: Anne B. Donahue, Maxine Jo Grad
Description: This bill proposes to clarify that water and sewer lines owned by one municipality may not be taxed by another municipality and to require that taxes be abated in cases of manifest error or mistake.

H.271
An Act Relating to Potable Water Supply and Wastewater Treatment System Permits

Status in House: Read First Time and Referred to the Committee on Fish, Wildlife & Water Resources
Status in Senate: none
Main Sponsor: David L. Deen
Description: This bill proposes that no more than one potable water supply permit shall be issued for a lot on which one single-family residence is located, unless the permit applicant can demonstrate that site conditions or site activities require an additional potable water supply permit. The bill would also propose that a potable water supply or wastewater treatment permit shall be issued for a term of three years or until completion of substantial construction of the potable water supply or wastewater treatment system.

H.343
An Act Relating to the Water Quality of Lake Champlain

Status in House: Read First Time and Referred to the Committee on Fish, Wildlife & Water Resources
Status in Senate: none
Main Sponsors: Kate Webb, David L. Deen, Bob Krebs, Jim McCullough
Description: This bill proposes to establish several programs and standards intended to improve the water quality of Lake Champlain. The bill would require the agency of natural resources (ANR) to inspect all concentrated animal feeding operations in the St. Albans Bay watershed to determine if such operations require a discharge permit. The bill would also require the accepted agricultural practices to be amended to require livestock exclusion from state waters. The bill would require ANR to seek funding under the federal Water Resources Development Act for restoration projects in the Lake Champlain watershed. The bill would require ANR to conduct a study of the feasibility and cost of constructing sewer systems in the St. Albans Bay watershed. The bill also would establish a Lake Champlain watershed team at ANR to develop and recommend management measures to reduce phosphorus pollution in the Lake Champlain watershed.

H.385
An Act Relating to Establishing a Vermont Common Assets Trust

Status in House: Read First Time and Referred to the Committee on Natural Resources and Energy
Status in Senate: none
Main Sponsors: Christopher Pearson, Margaret Cheney, David L. Deen, Sarah Edwards, Tony Klein, Jim Masland, Carolyn W. Partridge, Kesha K. Ram, Dave Sharpe, Rachel Weston, Suzi Wizowaty
Description: This bill proposes to make clear that state policy is to protect certain common assets (such as air and water) for the benefit of present and future generations, and to establish a framework under which certain users of those common assets may be assessed fees that would be deposited into a common assets trust fund, which would be managed so as to protect those assets and serve the interests of present and future people of the state.

H.395
An Act Relating to Extraction of Gravel from Watercourses for Municipal Road Maintenance and Construction

Status in House: Read First Time and Referred to the Committee on Fish, Wildlife & Water Resources
Status in Senate: none
Main Sponsor: Sarah E. Buxton
Description: This bill proposes to authorize a municipality to remove gravel from a watercourse within the boundaries of the municipality for the purpose of maintaining or constructing town roads or highways, provided that the municipality obtain a stream alteration permit.

H.407
An Act Relating to Imposing a Royalty for the Extraction of Groundwater for Commercial Resale

Status in House: Read First Time and Referred to the Committee on Fish, Wildlife & Water Resources
Status in Senate: none
Main Sponsors: David Sharpe, Cynthia Browning, Margaret Cheney, Alison H. Clarkson, Sarah Edwards, Jim Masland, Kristy Spengler
Description: This bill proposes to impose a groundwater withdrawal royalty on the extraction of groundwater for resale.

H.423
An Act Relating to Wetlands Management

Status in House: Read First Time and Referred to the Committee on Fish, Wildlife & Water Resources
Status in Senate: none
Main Sponsor: Kenneth W. Atkins
Description: This bill proposes to amend the regulation of wetlands in the state by requiring a permit to conduct activities in naturally-occurring wetlands, but allowing activities in manmade wetlands unless otherwise prohibited by rule. The bill would also authorize the water resources panel of the natural resources board to adopt rules regarding both naturally-occurring wetlands and manmade wetlands.

H.436
An Act Relating to Tax Changes, Including Income Taxes, Property Taxes, Economic Development Credits, Health Care-related Tax Provisions, and Miscellaneous Tax Provisions

Status: Signed by Governor on 5/24/2011
Main Sponsor: House Committee on Ways and Means
Description: This bill proposes to implement tax changes, including changes to income taxes, property taxes, economic development credits, health care-related provisions, and miscellaneous tax provisions including requiring PVR to track wastewater permits issued for land in current use in conjunction with changes made in Sec. 15.

H.469
An Act Relating to Potable Water Supply and Wastewater System Isolation Distances

Status in House: Read First Time and Referred to the Committee on Fish, Wildlife & Water Resources
Status in Senate: none
Main Sponsor: Butch Shaw
Description: This bill proposes to require an applicant for or a permittee holding a potable water supply and wastewater system permit that has an isolation distance that extends onto property other than the property for which the permit is sought to notify by certified mail any landowner affected by the proposed isolation distances.

H.470
An Act Relating to Discontinuance of a Public Water System

Status in House: Committed to Committee on Fish, Wildlife & Water Resources by motion of Rep. Sweaney of Windsor
Status in Senate: none
Main Sponsor: Butch Shaw
Description: This bill proposes to prohibit the discontinuance of a public water system until all discontinued customers have obtained an alternative drinking water supply.

H.478
An Act Relating to an Appropriation for Water Quality Staff of the Agency of Agriculture, Food and Markets

Status in House: Read First Time and Referred to the Committee on Fish, Wildlife & Water Resources
Status in Senate: none
Main Sponsor: Carolyn Whitney Branagan
Description: This bill proposes to provide funding for two staff positions at the agency of agriculture, food and markets to work with farmers to reduce the impact of agriculture on water quality.

H.488
An Act Relating to a Report by the Agency of Natural Resources on Hydrology Credits Used in Stormwater Permits for High Elevation Facilities

Status in House: Read First Time and Referred to the Committee on Fish, Wildlife & Water Resources
Status in Senate: none
Main Sponsor: David L. Deen
Description: This bill proposes to require the agency of natural resources to report to the general assembly by a date certain on stormwater permits issued pursuant to rules allowing hydrology credits for high elevation renewable energy and telecommunications facilities.

H.490
An Act Relating to the Types of Wastewater Permits Used of the Current Use Program

Status in House: Rep. Deen of Westminster moved to commit bill to the committee on Ways and Means which was agreed to.
Status in Senate: none
Main Sponsor: John W. Malcolm
Description: This bill proposes to make clear that wastewater permits issued for farmland and forestland that are not intended for development do not trigger the two-year window for expulsion from the current use program.

H.504
An Act Relating to Expanding the Beverage Container Deposit Law to Include Plastic Water Bottles

Status in House: Read First Time and Referred to the Committee on Natural Resources and Energy
Status in Senate: none
Main Sponsor: Leigh Larocque, Joe Acinapura, Kenneth W. Atkins, Clem Bissonnette, Bob Helm, Richard Lawrence, Gary Reis, Butch Shaw
Description: This bill proposes to expand the beverage container deposit law to include plastic water bottles.

H.518
An Act Relating to the Testing of Potable Water Supplies

Status in House: Read First Time and Referred to the Committee on Fish, Wildlife & Water Resources
Status in Senate: none
Main Sponsor: David L. Deen, Jim McCullough
Description: This bill proposes to require a person who owns or controls a potable water supply to test, if testing of the groundwater source is not otherwise required by law, the groundwater source for arsenic; lead; uranium; gross alpha radiation; total coliform bacteria, total nitrate and nitrite, fluoride, and manganese.

H.529
An Act Relating to Establishing a Water Resources Preservation Program

Status in House: Read First Time and Referred to the Committee on Fish, Wildlife & Water Resources
Status in Senate: none
Main Sponsor: Kate Webb, David L. Deen, Jim McCullough, Bert Munger
Description: This bill proposes to establish a water resources preservation program to provide financial assistance and technical support to projects or activities designed to achieve one or more of the following: improve the water quality of waters of the state, prevent, mitigate against, or repair flood damage, or provide reasonable assurances regarding the implementation of total maximum daily load plans. The bill would establish a fee, known as the water resources preservation fee, on developed property and property used for farming for the support of the water resources preservation program.

H.577
An Act Relating to Public Water Systems

Status in House: Read First Time and Referred to the Committee on Fish, Wildlife & Water Resources
Status in Senate: none
Main Sponsor: David L. Deen
Description: This bill proposes to authorize the issuance of a loan from the Vermont environmental protection agency pollution control revolving loan fund for 100 percent of the costs of certain combined sewer overflow abatement projects. The bill also proposes to authorize the secretary of natural resources to forgive portions of certain loans made from the state's environmental protection agency revolving loan funds. The bill would repeal the authority of the agency of natural resources (ANR) to issue a ten-year operating permit for a public water system. The bill would authorize ANR to issue an operating permit for an existing public water system that is unable to comply with permitting standards if the operating permit includes a compliance schedule, if the continued operation of the public water system would not present an unacceptable risk to public health, and if the person who owns the public water system informs all persons using the system of the noncompliance. The bill would repeal the authority of ANR to issue temporary permits to public water systems.

H.596
An Act Relating to Authorizing Gravel Removal by Municipalities

Status in House: Read First Time and Referred to the Committee on Fish, Wildlife & Water Resources
Status in Senate: none
Main Sponsor: Linda K. Myers
Description: This bill proposes to authorize municipalities to conduct stream alteration activities without a permit from the agency of natura resources in order to remove gravel from a state watercourse. Municipalities would be authorized to sell removed gravel commercially and to use proceeds from such sale for municipal purposes.

H.752
An Act Relating to Permitting Stormwater Discharges in Impaired Watersheds

Status in House: Placed on Calendar for Notice on 2/3/2012.
Status in Senate: none
Main Sponsor: House Committee on Fish, Wildlife and Water Resources
Description: This bill proposes to amend the state permit program for discharges of "regulated stormwater runoff" to recodify the permitting standard for discharges from impervious surfaces to stormwater-impaired waters. The bill also would recodify the statutory section that provides that failure to obtain a pretransition stormwater discharge permit is not an encumbrance on title.

S.23
An Act Relating to Funding Stormwater Utilities in Municipalities with Stormwater-impaired Waters

Status in House: none
Status in Senate: Read 1st time & referred to Committee on Natural Resources and Energy
Main Sponsor: Virginia "Ginny" Lyons
Description: This bill proposes to give first priority for financing or assistance from the special environmental revolving loan fund to municipalities that have established or approved establishment of a stormwater utility or similar regulatory mechanism to address management of a stormwater-impaired water within the municipality.

S.25
An Act Relating to the Use of Pesticides in Proximity to Water and in Utility Rights-of-way

Status in House: none
Status in Senate: Read 1st time & referred to Committee on Natural Resources and Energy
Main Sponsors: Virginia "Ginny" Lyons, Diane Snelling
Description: This bill proposes to require a state discharge permit for pesticide applications for: mosquito control, aquatic nuisance control, forest canopy pest control, and control of pests within 50 feet of state water or significant wetland. The bill would also require a discharge permit for pesticide application to include a requirement for the implementation of integrated pest management. In addition, the bill would require the public service board to amend its rules to require utility companies to implement integrated pest management for maintenance of utility lines and other infrastructure.

S.35
An Act Relating to Limiting the Application of Fertilizer to Nonagricultural Turf

Status in House: none
Status in Senate: Read 1st time & referred to Committee on Natural Resources and Energy
Main Sponsors: Virginia "Ginny" Lyons, Mark A. MacDonald
Description: This bill proposes to require a private well used or intended for use as a potable water supply to be tested for drinking water contaminants when the well is initially drilled and as a condition of a contract for sale. The bill also proposes to require the agency of natural resources to develop a well testing kit that would be available to the public. In addition, the bill proposes to require the department of health to revise and update its education and outreach materials regarding the potential health effects of contaminants in private sources of drinking water.

S.77
An Act Relating to Water Testing of Private Wells

Status: Veto of the Governor sustained on a roll call Yeas = 1, Nays = 28, Roll call required by Chapter II, Sec. 11 of Vermont Constitution
Main Sponsor: Senate Committee on Natural Resources and Energy
Description: This bill proposes to prohibit the application of fertilizer containing phosphorus or phosphate to nonagricultural turf unless a soil test indicates that the turf is phosphorus-deficient or unless a property owner is first establishing seed on the turf. In addition, the bill would prohibit the application of any fertilizer to an impervious surface. The bill would limit the maximum penalty for violation to $500.00 per violation.

S.159
An Act Relating to Potable Water Supply and Wastewater System Isolation Distances

Status: Read 1st time & referred to Committee on Natural Resources and Energy
Main Sponsor: Peg Flory
Description: This bill proposes to require an applicant for or a permittee holding a potable water supply and wastewater system permit that has an isolation distance that extends onto property other than the property for which the permit is sought to notify by certified mail any landowner affected by the proposed isolation distances.

S.183
An Act Relating to the Testing of Potable Water Supplies

Status: Read 1st time & referred to Committee on Natural Resources and Energy
Main Sponsor: Virginia "Ginny" Lyons
Description: This bill proposes to require a person who owns or controls a potable water supply to test, if testing of the groundwater source is not otherwise required by law, the groundwater source for arsenic; lead; uranium; gross alpha radiation; total coliform bacteria; total nitrate and nitrite; fluoride; and manganese.

S.185
An Act Relating to Establishing a Water Resources Preservation Program

Status: Read 1st time & referred to Committee on Natural Resources and Energy
Main Sponsor: Virginia "Ginny" Lyons
Description: This bill proposes to establish a water resources preservation program to provide financial assistance and technical support to projects or activities designed to improve the water quality of waters of the state or repair or prevent flood damage. The bill would establish a fee, known as the water resources preservation fee, on developed property and property used for farming for the support of the water resources preservation program.

Prop 2
Right to Clean Water, Clean Air, and Nature

Status in House: none
Status in Senate: Read 1st time & referred to Committee on Natural Resources and Energy
Main Sponsor: Peter W. Galbraith
Description: This proposal would amend the Constitution of the State of Vermont to provide a set of environmental rights, including clean water, a natural environment uncompromised by manufactured substances that are toxic and unhealthy, and enjoyment of nature, forests, wilderness, and wildlife.

Back to top