Vermont S 223: An act relating to water quality of the waters of Vermont

Bill Text

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VT LEG #390268 v.1
No. 175. An act relating to water quality of the waters of Vermont.
(S.223)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. WATER QUALITY, LAKE CLASSIFICATION, AND
ANTIDEGRADATION STUDY GROUP; REPORT
(a) Creation. There is created the Water Quality, Lake Classification, and
Antidegradation Study Group, which shall conduct the evaluations set forth in
subsection (c) of this section, including the review of existing classified waters
of the State and candidate waters with water quality data supporting
reclassification, assessment of antidegradation requirements, examination of
the regulatory framework for Class A waters, and examination of the adequacy
of the current water classification system for lakes and ponds. Based on these
evaluations, the Study Group shall recommend to the General Assembly
legislative or policy changes to strengthen environmental protection, provide
regulatory certainty, and support public uses of State waters.
(b) Membership. The Study Group shall be composed of the following
members:
(1) three current members of the House of Representatives, not all from
the same political party, who shall be appointed by the Speaker of the House;
(2) three current members of the Senate, not all from the same political
party, who shall be appointed by the Committee on Committees;
(3) the Secretary of Natural Resources or designee;

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(4) a Department of Environmental Conservation water quality scientist
or technical staff member, appointed by the Secretary of Natural Resources;
(5) two persons representing businesses, industries, or development that
interact with water quality permitting, including the State antidegradation
policy, use of high quality waters, and water classification, one of whom shall
be appointed by the Speaker of the House and one of whom shall be appointed
by the Committee on Committees;
(6) two persons representing nonprofit environmental advocacy groups,
one of whom shall be appointed by the Speaker of the House and one of whom
shall be appointed by the Committee on Committees;
(7) one person representing the Federation of Vermont Lakes and Ponds,
appointed by the Governor;
(8) one person representing the Green Mountain Water Environment
Association, appointed by the Speaker of the House;
(9) one person representing the Memphremagog Watershed Association,
appointed by the Speaker of the House; and
(10) one person representing the Lake Champlain Citizen’s Advisory
Committee, appointed by the Committee on Committees.
(c) Powers and duties. The Study Group shall:
(1) Develop an inventory of the waters of the State, with the existing
classification designations, as set forth in the Vermont Water Quality
Standards, including candidate high quality waters with water quality data that

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meets or exceeds the minimum criteria supporting reclassification for such
waters.
(2) Assess the State’s obligations under the federal Clean Water Act,
33 U.S.C. §§ 1251–1388, as enacted as of January 1, 2026, with respect to the
adoption of an antidegradation rule to implement the State’s antidegradation
policy under the Vermont Water Quality Standards, including an evaluation of
State and federal statutory and regulatory requirements and the identification
of any legal, administrative, policy, or practical barriers to full compliance.
(3) Identify and evaluate the statutory and regulatory frameworks, rules,
policies, and procedures governing Class A waters, including whether
modifications are needed to facilitate the reclassification of eligible waters,
adequately protect and support designated and existing uses, and provide
regulatory certainty for activities in Class A waters.
(4) Evaluate whether the existing water classification system in the State
and related statutory and regulatory frameworks protect the ecological integrity
of the State’s lakes and ponds, adequately address current and potential threats
to the water quality of the State’s lakes and ponds, and provide regulatory
certainty.
(5) Recommend legislative amendments and identify any rules, policies,
or procedures that may require revision to implement the Study Group’s
recommendations.

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(d) Assistance. The Study Group shall have the administrative, technical,
and legal assistance of the Agency of Natural Resources and shall have the
legal and drafting assistance of the Office of Legislative Counsel.
(e) Report. On or before December 15, 2026, the Study Group shall submit
a written report to the General Assembly that shall include its findings and
recommendations under subsection (c) of this section.
(f) Meetings.
(1) The Secretary of Natural Resources shall call the first meeting of the
Study Group to occur on or before August 1, 2026.
(2) The Study Group shall select at its first meeting a chair from among
the six legislators s