Vermont H 481: An act relating to an unpasteurized milk sale pilot program and unpasteurized milk labeling and reporting requirements

Status: Read First Time and Referred to the Committee on Agriculture and Forestry (as of 2019-02-28)

State: Vermont · Session: 2019-2020 · Bill: H 481

Sponsors: Vicki Strong, Thomas Bock

Bill Text

No. 37 Page 1 of 19
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VT LEG #384094 v.1
No. 37. An act relating to stormwater management.
(H.481)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 10 V.S.A. § 1264 is amended to read:
§ 1264. STORMWATER MANAGEMENT
* * *
(c) Prohibitions.
* * *
(7) In accordance with the schedule established under subdivision (g)(3)
of this section, a person shall not discharge stormwater from impervious
surface of three or more acres in size without first obtaining an individual
permit or coverage under a general permit issued under this section if the
discharge was never previously 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. The Secretary shall provide notice to all owners of
property subject to the permit required under this subdivision.
(d) Exemptions.
* * *
(2) No permit is required under subdivision (c)(1), (5), or (7) of this
section and for which a municipality has assumed full legal responsibility as
part of a permit issued to the municipality by the Secretary. As used in this

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VT LEG #384094 v.1
subdivision, “full legal responsibility” means legal control of the stormwater
system, including a legal right to access the stormwater system, a legal duty to
properly maintain the stormwater system, and a legal duty to repair and replace
the stormwater system when it no longer adequately protects waters of the
State. Notwithstanding the provisions of 24 V.S.A. § 3254 to the contrary,
when a municipality assumes or has assumed full legal responsibility for a
stormwater system, the municipality may assess municipal special assessment
fees on users of the stormwater system provided that a majority of the property
owners subject to the special assessment fee consented and the fee assessed is a
fair apportionment to the user of the cost of the improvement in accordance
with the benefits the user received.
* * *
(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. Under
the general permit, the Secretary shall:

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(A) Establish a schedule for implementation of the general permit by
geographic area of the State. The schedule shall establish the date by which an
owner of impervious surface shall apply for coverage under this subdivision
(3). The schedule established by the Secretary shall require an owner of
impervious surface subject to permitting under this subdivision to obtain
coverage by the following dates:
(i) for impervious surface located within the Lake Champlain
watershed, the Lake Memphremagog watershed, or the watershed of a
stormwater-impaired water on or before October 1, 2023 2028; 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).
(C) Require that a discharge of stormwater from impervious surface
subject to the requirements of this section comply with the standards of
subsection (h) of this section for redevelopment of or renewal of a permit for
existing impervious surface.

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(D) Allow the use of stormwater impact fees, offsets, and phosphorus
credit trading within the watershed of the water to which the stormwater
discharges or runs off.
* * *
Sec. 2. REPEALS; SUNSET OF PROPERTY TRANSFER TAX CLEAN
WATER SURCHARGE
(a) 2017 Acts and Resolves No. 85, Sec. I.10 (sunset of clean water
surcharge), as amended by 2024 Acts and Resolves No. 181, is repealed.
(b) 2017 Acts and Resolves No. 85, Sec. I.11(a)(5) (effective date of sunset
of clean water surcharge) is repealed.
Sec. 3. 2017 Acts and Resolves No. 85, Sec. I.1(b) is amended to read:
(b) Purpose and intent.
(1) The purpose of Secs. I.1–I.12 of this act is to promote the
development and improvement of housing for Vermonters.
(2) It is the intent of the General Assembly:
(A) to extend the clean water surcharge to provide an interim a
source of revenue for addressing water quality issues throughout the State; and
(B) to continue its

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