BILL AS INTRODUCED AND PASSED BY SENATE S.212 Page 1 of 1317 S.212 AnIntroduced actby relatingSenator toWatson potableReferred waterto supplyCommittee andon wastewaterNatural systemResources connectionsand ItEnergy isDate: hereby enacted by the General Assembly of the State of Vermont:
January 7, 2026 Subject:
Conservation and development;
potable water supply and wastewater connections;
municipal authority Statement of purpose of bill as introduced:
This bill proposes to authorize the Agency of Natural Resources (ANR) to delegate to municipalities the permitting and technical review of potable water supply and wastewater system connections.
The bill also would require ANR to adopt a general permit for municipal potable water supply and wastewater system connections that are reviewed by delegated municipalities.
An act relating to potable water supply and wastewater system connections It is hereby enacted by the General Assembly of the State of Vermont:
§§ 1971 1971 is amended to read:
(1) establish a comprehensive program to regulate the construction, replacement, modification, and operation of potable water supplies and BILL AS INTRODUCED AND PASSED BY SENATE S.212 Page 2 of 17 wastewater systems in the State in order to protect human health and the environment, including potable water supplies, surface water, and groundwater;
* * * (6) allow delegation of the permitting program created by this chapter to municipalities demonstrating the capacity to administer the chapter of technical review of potable water supply and wastewater system connections pursuant to the rules of the Agency adopted under this chapter.
Sec.
2.
10 V.S.A.
§ 1972 is amended to read:
§ 1972.
DEFINITIONS For the purposes of this chapter:
* * * (6) “Potable water supply” means the source, treatment, and conveyance equipment used to provide water used or intended to be used for human consumption, including drinking, washing, bathing, the preparation of food, or laundering.
This definition includes a service connection to a public water system of any size that does not require a permit pursuant to chapter 56 of this title.
This definition does not include any internal piping or plumbing, except for mechanical systems, such as pump stations and storage tanks or lavatories, that are located inside a building or structure and that are integral to the BILL AS INTRODUCED AND PASSED BY SENATE S.212 Page 3 of 17 operation of a potable water system.
This definition also does not include a potable water supply that is subject to regulation under chapter 56 of this title.
* * * (10) “Wastewater system” means any piping, pumping, treatment, or disposal system used for the conveyance and treatment of sanitary waste or used water, including carriage water, shower and wash water, and process wastewater.
This definition does not include any internal piping or plumbing, except for mechanical systems, such as pump stations and storage tanks or toilets, that are located inside a building or structure and that are integral to the operation of a wastewater system.
This definition also does not include wastewater systems that are used exclusively for the treatment and disposal of animal manure.
In this chapter, “wastewater system” refers to a soil-based disposal system of less than 6,500 gallons per day, or a sewerage sanitary sewer collection system connection of any size.
Sec.
3.
10 V.S.A.
§ 1973 is amended to read:
§ 1973.
PERMITS (a) Except as provided in this section and sections 1974 and 1978 of this title, a person shall obtain a permit from the Secretary before:
* * * (7) making a new or modified connection to a new or existing potable water supply or wastewater system;
or BILL AS INTRODUCED AND PASSED BY SENATE S.212 Page 4 of 17 * * * (f)(1) The Secretary shall give deference to a certification by a licensed designer with respect to the engineering design or judgment exercised by the designer in order to minimize Agency review of certified designs.
Nothing in this section shall limit the responsibility of the licensed designer to comply with all standards and rules, or the authority of the Secretary to review and comment on design aspects of an application or to enforce Agency rules with respect to the design or the design certification.
(2) The Secretary shall issue a permit for a new or modified connection to a water main and a sewer main or indirect discharge system from a building or structure in a designated downtown development district upon submission of an application under subsection (b) of this section that consists solely of the certification of a licensed designer, in accordance with subsection (d) of this section, and a letter from the owner of the water main and sewer main or indirect discharge system allocating the capacity needed to accommodate the new or modified connection.
However, this subdivision (2) shall not apply if the Secretary finds one of the following:
(A) The Secretary has prohibited the system that submitted the allocation letter from issuing new allocation letters due to a lack of capacity.
BILL AS INTRODUCED AND PASSED BY SENATE S.212 Page 5 of 17 (B) As a result of an audit of the application performed on a random basis or in response to a complaint, the system is not designed in accordance with the rules adopted under this chapter.
* * * (k)(1) The Secretary shall adopt a general permit for municipal potable water supply and wastewater system connections that are reviewed by municipalities with authority delegated to them pursuant to section 1976 of this chapter.
(2) The Secretary may adopt by rule general permitting programs for other activities permitted under this section.
Sec.
4.
10 V.S.A.
§ 1976 is amended to read:
§ 1976.
DELEGATION OF CONNECTION AUTHORITY TO MUNICIPALITIES (a)(1) The Secretary may delegate to a municipality authority to:
(A) implement all sections of this chapter, except for sections 1975 and 1978 of this title;
or (B) implement permitting under this chapter for the subdivision of land, a building or structure, or a campground when the subdivision, building or structure, or campground is served by sewerage connections and water service lines, provided that:
BILL AS INTRODUCED AND PASSED BY SENATE S.212 Page 6 of 17 (i) the lot, building or structure, or campground utilizes both a sanitary sewer service line and a water service line;
and (ii) the water main and sanitary sewer collection line that the water service line and sanitary sewer service line are connected to are owned and controlled by the delegated municipality.
(2) If a municipality submits a written request for delegation of this chapter, the Secretary shall delegate authority to the municipality to implement and administer provisions of this chapter, the rules adopted under this chapter, and the enforcement provisions of chapter 201 of this title relating to this chapter, provided that the Secretary is satisfied that the municipality:
(A) has established a process for accepting, reviewing, and processing applications and issuing permits, that shall adhere to the rules established by the Secretary for potable water supplies and wastewater systems, including permits, by rule, for sewerage connections;
(B) has hired, appointed, or retained on contract, or will hire, appoint, or retain on contract, a licensed designer to perform technical work that must be done by a municipality under this section to grant permits;
(C) will take timely and appropriate enforcement actions pursuant to the authority of chapter 201 of this title;
(D) commits to reporting annually to the Secretary on a form and date determined by the Secretary;
BILL AS INTRODUCED AND PASSED BY SENATE S.212 Page 7 of 17 (E) will only issue permits for water service lines and sanitary sewer service lines when there is adequate capacity in the public water supply system source, wastewater treatment facility, or indirect discharge system;
and (F) will comply with all other requirements of the rules adopted under section 1978 of this title The Secretary may delegate to a municipality authority to conduct technical review of municipal potable water supply and wastewater system connections, provided that the water main and sanitary sewer collection line that the water service line and sanitary sewer service line are connected to are owned and controlled by the delegated municipality.
(2) If a municipality submits a request for delegation of authority under this subsection, the Secretary shall delegate authority to the municipality to implement and administer provisions of this chapter governing municipal potable water supply and wastewater system connections, provided that the municipality:
(A) is qualified to perform the technical review as determined by the Secretary;
(B) receives authorization from the municipal legislative body to administer a program for review of potable water supply and wastewater system connections;
(C) meets any other requirement for the delegation program as adopted by the Secretary in writing;
BILL AS INTRODUCED AND PASSED BY SENATE S.212 Page 8 of 17 (D) will only issue permits for water service lines and sanitary sewer service lines when there is adequate capacity in the public water system, wastewater treatment facility, or indirect discharge system;
and (E) complies with the requirements for connection and all requirements of the Agency’s rules adopted under section 1978 of this title.
* * * (f) The Secretary may review municipal implementation of this section on a random basis, or in response to a complaint, or on his or her the Secretary’s own motion.
This review may include consideration of the municipal implementation itself, as well as consideration of the practices, testing procedures employed, systems designed, system designs approved, installation procedures used, and any work associated with the performance of these tasks.
Sec.
5.
3 V.S.A.
§ 2822(j) is amended to read:
(j) In accordance with subsection (i) of this section, the following fees are established for permits, licenses, certifications, approvals, registrations, orders, and other actions taken by the Agency of Natural Resources.
* * * (4) For potable water supply and wastewater permits issued under 10 V.S.A.
chapter 64.
Projects under this subdivision include:
a wastewater system, including a sewerage connection;
and a potable water supply, including a connection to a public water supply:
BILL AS INTRODUCED AND PASSED BY SENATE S.212 Page 9 of 17 (A) Original applications, or major amendments for a project with the following proposed design flows.
In calculating the fee, the highest proposed design flow whether wastewater or water shall be used:
(i) design flows 560 gpd or less:
$306.25 per application;
(ii) design flows greater than 560 and less than or equal to 2,000 gpd:
$870.00 per application;
(iii) design flows greater than 2,000 and less than or equal to 6,500 gpd:
$3,000.00 per application;
(iv) design flows greater than 6,500 and less than or equal to 10,000 gpd:
$7,500.00 per application;
(v) design flows greater than 10,000 gpd:
$13,500.00 per application.
(B) Minor amendments:
$150.00.
(C) Minor projects:
$270.00.
As used in this subdivision (j)(4)(C), “minor project” means a project that meets the following:
there is an increase in design flow but no construction is required;
there is no increase in design flow but construction is required, excluding replacement potable water supplies and wastewater systems;
or there is no increase in design flow and no construction is required, excluding applications that contain designs that require technical review.
BILL AS INTRODUCED AND PASSED BY SENATE S.212 Page 10 of 17 (D) Notwithstanding the other provisions of this subdivision, when a project is located in a Vermont neighborhood, as designated under 24 V.S.A.
chapter 76A, the fee shall be no not more than $50.00 in situations in which the application has received an allocation for sewer capacity from an approved municipal system.
This limitation shall not apply in the case of fees charged as part of a duly delegated municipal program.
(E) Projects permitted under a municipal potable water supply or wastewater system connection general permit as established in 10 V.S.A.
§ 1973(k)(1) or as adopted by rule per 10 V.S.A.
§ 1973(k)(2):
$500.
* * * Sec.
6.
EFFECTIVE DATE This act shall take effect on July 1, 2026.
Sec.
1.
10 V.S.A.
§ 1971 is amended to read:
§ 1971.
PURPOSE It is the purpose of this chapter to:
§§ 1972 1972 is amended to read:
DEFINITIONS BILL AS INTRODUCED AND PASSED BY SENATE S.212 Page 11 of 17 For the purposes of this chapter:
* * * VT LEG #387980 v.1 AS PASSED BY SENATE S.212 Page 2 of 13 (6) “Potable water supply” means the source, treatment, and conveyance equipment used to provide water used or intended to be used for human consumption, including drinking, washing, bathing, the preparation of food, or laundering.
In this chapter, “wastewater system” refers to a soil-based VT LEG #387980 v.1 AS PASSED BY SENATE S.212 Page 3 of 13 disposal system of less than 6,500 gallons per day, or a sewerage sanitary sewer collection system connection of any size.
§§ 1973 1973 is amended to read:
Nothing in this section shall limit the responsibility of the licensed designer to comply with all standards and rules, or the authority of the Secretary to review and BILL AS INTRODUCED AND PASSED BY SENATE S.212 Page 12 of 17 comment on design aspects of an application or to enforce Agency rules with respect to the design or the design certification.
(2) The Secretary shall issue a permit for a new or modified connection to a water main and a sewer main or indirect discharge system from a building or structure in a designated downtown development district upon submission of an application under subsection (b) of this section that consists solely of the VT LEG #387980 v.1 AS PASSED BY SENATE S.212 Page 4 of 13 certification of a licensed designer, in accordance with subsection (d) of this section, and a letter from the owner of the water main and sewer main or indirect discharge system allocating the capacity needed to accommodate the new or modified connection.
VT LEG #387980 v.1 AS PASSED BY SENATE S.212 Page 5 of 13 (2) The Secretary may adopt general permitting programs for other activities that require a permit under this section that the Secretary determines are low risk, low impact, and low complexity.
§§ 1976 1976 is amended to read:
or (B) implement permitting under this chapter for the subdivision of land, a building or structure, or a campground when the subdivision, building BILL AS INTRODUCED AND PASSED BY SENATE S.212 Page 13 of 17 or structure, or campground is served by sewerage connections and water service lines, provided that:
(2) If a municipality submits a written request for delegation of this chapter, the Secretary shall delegate authority to the municipality to implement and administer provisions of this chapter, the rules adopted under this chapter, VT LEG #387980 v.1 AS PASSED BY SENATE S.212 Page 6 of 13 and the enforcement provisions of chapter 201 of this title relating to this chapter, provided that the Secretary is satisfied that the municipality:
and (F) will comply with all other requirements of the rules adopted under section 1978 of this title The Secretary may delegate to a municipality authority to conduct technical review of proposed projects that include both municipal potable water supply and municipal wastewater system connections that require a permit under this chapter, provided that the water main and VT LEG #387980 v.1 AS PASSED BY SENATE S.212 Page 7 of 13 sanitary sewer collection line that the water service line and sanitary sewer service line are connected to are owned and controlled by the delegated municipality.
BILL AS INTRODUCED AND PASSED BY SENATE S.212 Page 14 of 17 (2) If a municipality submits a request for delegation of authority under this subsection, the Secretary shall delegate authority to the municipality to implement and administer provisions of this chapter governing municipal potable water supply and wastewater system connections, provided that the municipality:
VT LEG #387980 v.1 AS PASSED BY SENATE S.212 Page 8 of 13 (D) will only issue permits for water service lines and sanitary sewer service lines when there is adequate capacity in the public water system, wastewater treatment facility, or indirect discharge system;
§§ 2822 2822 is amended to read:
Municipalities shall be VT LEG #387980 v.1 AS PASSED BY SENATE S.212 Page 9 of 13 exempt from the payment of fees under this section except for those fees prescribed in subdivisions (j)(1), (7), (8), (14), and (15) of this section for which a municipality may recover its costs by charging a user fee to those who use the permitted services.
Municipalities shall pay fees prescribed in BILL AS INTRODUCED AND PASSED BY SENATE S.212 Page 15 of 17 subdivisions (j)(2), (10), (11), (12), and (26) of this section, except that a municipality shall also be exempt from those fees for stormwater systems prescribed in subdivisions (j)(2)(A)(iii)(I), (II), or (IV) and (j)(2)(B)(iv)(I), (II), or (V) of this section for which a municipality has assumed full legal responsibility under 10 V.S.A.
§§ 1976 1976 within the municipality may charge a fee for the cost of municipal services, provided that the municipality shall pay an administrative processing fee of $100.00 for submission to the Secretary of Natural Resources of documentation of the municipally permitted project.
a wastewater VT LEG #387980 v.1 AS PASSED BY SENATE S.212 Page 10 of 13 system, including a sewerage connection;
there is no increase in design flow but construction is required, excluding replacement potable water supplies and wastewater VTBILL LEGAS #387980INTRODUCED v.1AND AS PASSED BY SENATE S.212 Page 1116 of 1317 systems;
§§ 1973(k)(1), 1973(k)(1), the following fee according to the highest proposed design flow of wastewater or water for the connection:
VT§ 1973(k)(1) LEG #387980 v.1 AS PASSED BY SENATE S.212 Page 12 of 13 § 1973(k)(1) for potable water supply or wastewater system connections.
§§ 1973(k)(1). 1973(k)(1).
BILL AS INTRODUCED AND PASSED BY SENATE S.212 Page 17 of 17 (2) References in chapter 6 of the Department of Environmental Conservation’s Wastewater System and Potable Water Supply Rules related to full delegation to municipalities of permitting potable water and wastewater system connections are no longer applicable or enforceable due to the repeal of statutory authority for full delegation.
VT LEG #387980 v.1 AS PASSED BY SENATE S.212 Page 13 of 13 Sec.
VT LEG #387980 v.1