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AS PASSED BY HOUSE H.481 Page 1 of 15 H.481 An act relating to stormwater management It is hereby enacted by the General Assembly of the State of Vermont:
BILL AS PASSED BY THE HOUSE H.481 Page 1 of 16 H.481 Introduced by Committee on Environment Date:
Subject:
Conservation and development;
water quality;
stormwater;
three-acre permit Statement of purpose of bill as introduced:
This bill proposes to amend requirements related to the permitting of stormwater systems in the State.
The bill would extend the deadline by which owners of impervious surface subject to the three-acre impervious surface permit must complete permitting.
The bill also would allow municipalities that assume full legal responsibility for a stormwater system to assess municipal impact fees on users of the stormwater system.
In addition, the bill repeals the sunset of the clean water surcharge on the property transfer tax.
The bill also would create the Study Committee on the Creation of Regional Stormwater Utility Districts to review the feasibility and benefit of creating regional stormwater utility districts to facilitate implementation and compliance with the water quality laws of the State.
An act relating to stormwater management It is hereby enacted by the General Assembly of the State of Vermont:
§ 1264 is amended to read:
§ 1264 is amended to read:
§ 1264.
BILL AS PASSED BY THE HOUSE H.481 Page 2 of 16 § 1264.
§ 3254 to the contrary, when a municipality assumes full legal responsibility for a stormwater system, the municipality may assess municipal impact fees on users of the stormwater system provided that a majority of the property owners subject to the impact fee consented and the impact fee assessed is a fair apportionment to the user of the cost of the improvement in accordance with the benefits the user received.
§ 3254 to the contrary, when a municipality assumes full legal responsibility for a stormwater system, the municipality may assess municipal impact fees on users of the stormwater system provided that a majority of the property owners subject to the impact fee consented and the impact fee assessed is a fair apportionment to the user of the cost of the improvement in accordance with the benefits the user received.
VT LEG #382152 v.1 AS PASSED BY HOUSE H.481 Page 2 of 15 * * * (g) General permits.
* * * (g) General permits.
* * * (3) Within 120 days after the adoption by the Secretary of the rules required under subsection (f) of this section, the Secretary shall issue a general permit under this section for discharges of stormwater from impervious surface of three or more acres in size, when the stormwater discharge previously was not permitted or was permitted under an individual permit or general permit that did not incorporate the requirements of the 2002 Stormwater Management Manual or any subsequently adopted Stormwater Management Manual.
* * * BILL AS PASSED BY THE HOUSE H.481 Page 3 of 16 (3) Within 120 days after the adoption by the Secretary of the rules required under subsection (f) of this section, the Secretary shall issue a general permit under this section for discharges of stormwater from impervious surface of three or more acres in size, when the stormwater discharge previously was not permitted or was permitted under an individual permit or general permit that did not incorporate the requirements of the 2002 Stormwater Management Manual or any subsequently adopted Stormwater Management Manual.
and VT LEG #382152 v.1 AS PASSED BY HOUSE H.481 Page 3 of 15 (ii) for impervious surface located within all other watersheds of the State, no not later than October 1, 2033 2038 or not later than five years after a binding stormwater-specific waste-load allocation has been established for that watershed, whichever occurs first.
and (ii) for impervious surface located within all other watersheds of the State, no not later than October 1, 2033 2038 or not later than five years after a binding stormwater-specific waste-load allocation has been established for that watershed, whichever occurs first.
(B) Establish criteria and technical standards, such as best management practices, for implementation of stormwater improvements for the retrofitting of impervious surface subject to permitting under this subdivision (3).
BILL AS PASSED BY THE HOUSE H.481 Page 4 of 16 (B) Establish criteria and technical standards, such as best management practices, for implementation of stormwater improvements for the retrofitting of impervious surface subject to permitting under this subdivision (3).
VT LEG #382152 v.1 AS PASSED BY HOUSE H.481 Page 4 of 15 (b) 2017 Acts and Resolves No.
(b) 2017 Acts and Resolves No.
(1) The purpose of Secs.
BILL AS PASSED BY THE HOUSE H.481 Page 5 of 16 (1) The purpose of Secs.
VT LEG #382152 v.1 AS PASSED BY HOUSE H.481 Page 5 of 15 Sec.
Sec.
(1) Sec.
BILL AS PASSED BY THE HOUSE H.481 Page 6 of 16 (1) Sec.
Upon the effective date of this act, $1,500,000.00 shall revert to the Fund, resulting in a fiscal year 2018 total appropriation to the Board of $9,804,840.00.
Upon the effective date of this act, $1,500,000.00 shall revert to the Fund, resulting in a fiscal year 2018 total appropriation to the Board of $9,804,840.00.
I.9 of this act, from July 1, 2017 until July 1, 2027, pursuant to 32 V.S.A.
I.9 of this act, from July 1, 2017 until July 1, 2027, pursuant to 32 V.S.A.
(3) After July 1, 2027, pursuant to 32 V.S.A.
(3) After July 1, 2027, pursuant to 32 V.S.A.
I.10 of this act, $1,000,000.00 in total revenue generated by the clean VT LEG #382152 v.1 AS PASSED BY HOUSE H.481 Page 6 of 15 water surcharge of 0.04 percent shall be transferred to the Vermont Housing and Conservation Trust Fund.
I.10 of this act, $1,000,000.00 in total revenue generated by the clean water surcharge of 0.04 percent shall be transferred to the Vermont Housing and Conservation Trust Fund.
§§ 927 and 928 are amended to read:
§§ 927 and 928 are amended to read:
DEVELOPED LANDS IMPLEMENTATION GRANT PROGRAM The Secretary shall administer a Developed Lands Implementation Grant Program to provide grants or financing financial assistance to persons who are required to obtain a permit to implement regulatory requirements that are necessary to achieve water quality standards.
DEVELOPED LANDS IMPLEMENTATION GRANT PROGRAM BILL AS PASSED BY THE HOUSE H.481 Page 7 of 16 The Secretary shall administer a Developed Lands Implementation Grant Program to provide grants or financing financial assistance to persons who are required to obtain a permit to implement regulatory requirements that are necessary to achieve water quality standards.
VT LEG #382152 v.1 AS PASSED BY HOUSE H.481 Page 7 of 15 § 928.
§ 928.
MUNICIPAL STORMWATER IMPLEMENTATION GRANT PROGRAM The Secretary shall administer a Municipal Stormwater Implementation Grant Program to provide grants financial assistance to any municipality required under section 1264 of this title to obtain or seek coverage under the municipal roads general permit, the municipal separate storm sewer systems permit, a permit for impervious surface of three acres or more, or a permit required by the Secretary to reduce the adverse impacts to water quality of a discharge or stormwater runoff.
MUNICIPAL STORMWATER IMPLEMENTATION GRANT PROGRAM The Secretary shall administer a Municipal Stormwater Implementation Grant Program to provide grants financial assistance to any municipality required under section 1264 of this title to obtain or seek coverage under the municipal roads general permit, the municipal separate storm sewer systems BILL AS PASSED BY THE HOUSE H.481 Page 8 of 16 permit, a permit for impervious surface of three acres or more, or a permit required by the Secretary to reduce the adverse impacts to water quality of a discharge or stormwater runoff.
§ 1389(e) is amended to read:
§ 1389(e) is amended to read:
VT LEG #382152 v.1 AS PASSED BY HOUSE H.481 Page 8 of 15 (1) As a first priority, make recommendations regarding funding for the following grants and programs, which shall each be given equal priority:
(1) As a first priority, make recommendations regarding funding for the following grants and programs, which shall each be given equal priority:
(B) the Water Quality Restoration Formula Grant under section 925 of this title;
BILL AS PASSED BY THE HOUSE H.481 Page 9 of 16 (B) the Water Quality Restoration Formula Grant under section 925 of this title;
VT LEG #382152 v.1 AS PASSED BY HOUSE H.481 Page 9 of 15 (B) funding for education and outreach regarding the implementation of water quality requirements, including funding for education, outreach, demonstration, and access to tools for the implementation of the Acceptable Management Practices for Maintaining Water Quality on Logging Jobs in Vermont, as adopted by the Commissioner of Forests, Parks and Recreation;
(B) funding for education and outreach regarding the implementation of water quality requirements, including funding for education, outreach, demonstration, and access to tools for the implementation of the Acceptable Management Practices for Maintaining Water Quality on Logging Jobs in Vermont, as adopted by the Commissioner of Forests, Parks and Recreation;
(C) funding for the Municipal Stormwater Implementation Grant Program as provided in section 928 of this title, including at least $1,000,000.00 annually for costs of complying with permitting requirements under subdivision 1264(c)(7) of this title;
BILL AS PASSED BY THE HOUSE H.481 Page 10 of 16 (C) funding for the Municipal Stormwater Implementation Grant Program as provided in section 928 of this title, including at least $1,000,000.00 annually for costs of complying with permitting requirements under subdivision 1264(c)(7) of this title;
VT LEG #382152 v.1 AS PASSED BY HOUSE H.481 Page 10 of 15 Sec.
Sec.
APPROPRIATION Notwithstanding any other provision of law, the Clean Water Board shall direct $5,000,000.00 from the Clean Water Fund in fiscal year 2027 to the Municipal Stormwater Implementation Program Section 928 of this title for costs of complying with permitting requirements under subdivision1264(c)(7) BILL AS PASSED BY THE HOUSE H.481 Page 11 of 16 of this title, including for residential subdivisions when the municipality assumes full legal responsibility for the stormwater system.
Sec.
8.
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§ 928 for costs of complying with permitting requirements under 10 V.S.A.
§ 928 for costs of complying with permitting requirements under 10 V.S.A.
§ 1264(c)(7), including for residential subdivisions when the municipality assumes full legal responsibility for the stormwater system.
§ 1264(c)(7), including for residential subdivisions when the municipality assumes full legal responsibility for the stormwater system.
§ 3616 is amended to read:
§ 3616 is amended to read:
(2) the number of equivalent units connected with or served by the sewage system based upon their estimated flows compared to the estimated flows from a single-family dwelling, however, the board may determine no VT LEG #382152 v.1 AS PASSED BY HOUSE H.481 Page 11 of 15 user will be billed less than the minimum charge determined for the single- family dwelling charge for fixed operations and maintenance costs and bond payment;
BILL AS PASSED BY THE HOUSE H.481 Page 12 of 16 (2) the number of equivalent units connected with or served by the sewage system based upon their estimated flows compared to the estimated flows from a single-family dwelling, however, the board may determine no user will be billed less than the minimum charge determined for the single- family dwelling charge for fixed operations and maintenance costs and bond payment;
(1) the Commissioner of Environmental Conservation or designee;
BILL AS PASSED BY THE HOUSE H.481 Page 13 of 16 (1) the Commissioner of Environmental Conservation or designee;
VT LEG #382152 v.1 AS PASSED BY HOUSE H.481 Page 12 of 15 (3) a representative of a municipality subject to the municipal separate storm sewer system (MS4) permit, appointed by the Committee on Committees;
(3) a representative of a municipality subject to the municipal separate storm sewer system (MS4) permit, appointed by the Committee on Committees;
(2) propose an approach the State could use for implementing a regional stormwater utility that would allow the utilities to assume liability and VT LEG #382152 v.1 AS PASSED BY HOUSE H.481 Page 13 of 15 responsibility for compliance with water quality laws, including how a utility could assume responsibility for:
BILL AS PASSED BY THE HOUSE H.481 Page 14 of 16 (2) propose an approach the State could use for implementing a regional stormwater utility that would allow the utilities to assume liability and responsibility for compliance with water quality laws, including how a utility could assume responsibility for:
(C) propose how a regional stormwater utility district could be eligible for Clean Water State Revolving Loan Fund awards and access State- level financial assistance for the design, construction, and operation and maintenance of regulatory and non-regulatory stormwater systems, including from the Clean Water State Revolving Loan Fund;
(C) propose how a regional stormwater utility district could be eligible for Clean Water State Revolving Loan Fund awards and access State- level financial assistance for the design, construction, and operation and BILL AS PASSED BY THE HOUSE H.481 Page 15 of 16 maintenance of regulatory and non-regulatory stormwater systems, including from the Clean Water State Revolving Loan Fund;
and VT LEG #382152 v.1 AS PASSED BY HOUSE H.481 Page 14 of 15 (D) recommend whether and how a regional stormwater utility can allocate resources and cost-effectively and equitably achieve pollutant reduction measures that are not fully achieved by regulated sites, as might be articulated in a regional stormwater management plan;
and (D) recommend whether and how a regional stormwater utility can allocate resources and cost-effectively and equitably achieve pollutant reduction measures that are not fully achieved by regulated sites, as might be articulated in a regional stormwater management plan;
(1) The Commissioner of Environmental Conservation or designee shall call the first meeting of the Study Committee.
BILL AS PASSED BY THE HOUSE H.481 Page 16 of 16 (1) The Commissioner of Environmental Conservation or designee shall call the first meeting of the Study Committee.
VT LEG #382152 v.1 AS PASSED BY HOUSE H.481 Page 15 of 15 (2) The Commissioner of Environmental Conservation or designee shall be the Chair.
(2) The Commissioner of Environmental Conservation or designee shall be the Chair.
Members of the Study Committee shall be entitled to per diem compensation and reimbursement of expenses as permitted under 32 V.S.A.
Members of the Study Committee shall be entitled to per diem compensation and reimbursement of expenses as permitted under 32 V.S.A.
§ 1010 for not more than eight meetings.
§ 1010 for not more than eight meetings.
VT LEG #382152 v.1
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