Vermont H 746: An act relating to prohibiting pharmacies from selling cigarettes, electronic cigarettes, or other tobacco-related products

Bill Text

BILL AS INTRODUCED H.746
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VT LEG #386103 v.1
H.746 1
Introduced by Representatives Olson of Starksboro, Burke of Brattleboro, 2
Carris Duncan of Whitingham, Charlton of Chester, Duke of 3
Burlington, Harple of Glover, Lalley of Shelburne, and Priestley 4
of Bradford 5
Referred to Committee on 6
Date: 7
Subject: Conservation and development; potable water supply and wastewater 8
system permitting; siting; isolation distances; design flows; taxation 9
Statement of purpose of bill as introduced: This bill proposes to amend 10
multiple provisions of the potable water supply and wastewater system 11
requirements in statute and in rule in order to enable additional housing 12
development in the State. The bill also would allow a permitted potable water 13
supply used for a public benefit, such as a school, child or elder care, or a 14
government building, to change to another use for a public benefit with a 15
similar number of users without redesign of the supply or required additional 16
capacity for the supply. The bill would require the potable water supply and 17
wastewater system rules to be amended to provide design standards for the 18
construction of wastewater systems underneath land used for parking, car 19
parks, or other similar paved surfaces. The bill would also require the rules to 20
be amended to reduce design flows to allow for compact housing and other 21

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VT LEG #386103 v.1
appropriate development. In addition, the bill would provide that the minimum 1
horizontal isolation distance between all components of a wastewater system 2
and a potable water supply shall be 75 feet unless, based on the specific site 3
conditions, the Secretary of Natural Resources determines that a greater 4
isolation distance or larger isolation zone is necessary due to designated 5
criteria. The bill would provide that when issuing a permit for an indirect 6
discharge system, the Secretary shall require an easement or other permanent 7
legal access only to the indirect discharge system and the disposal area and not 8
for all potential service connections. The bill would provide that no wetlands 9
permit would be required for the siting of a leachfield in the buffer zone of a 10
Class II wetland when the leachfield is part of a permitted wastewater system. 11
The bill also would provide that no Act 250 permit or permit amendment is 12
required for the construction of improvements for water or wastewater 13
infrastructure serving a village and downtown center. In addition, the bill 14
would exempt from the land use change tax the construction on or 15
development of land enrolled in the Use Value Appraisal Program for the 16
purpose of permitting a potable water supply or wastewater system for 17
residential housing. 18
An act relating to potable water supply and wastewater system permitting 19

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VT LEG #386103 v.1
It is hereby enacted by the General Assembly of the State of Vermont: 1
Sec. 1. PURPOSE 2
The purpose of this act is to simplify the design and installation 3
requirements for public and private water supplies and for public and private 4
wastewater systems in order to reduce the cost of housing and other 5
development while also maintaining essential protections for human health and 6
the environment. 7
Sec. 2. 10 V.S.A. § 1971 is amended to read: 8
§ 1971. PURPOSE 9
It is the purpose of this chapter to: 10
(1) establish a comprehensive program to regulate the construction, 11
replacement, modification, and operation of potable water supplies and 12
wastewater systems in the State in order to protect encourage construction of 13
housing and foster economic development while also protecting human health 14
and the environment, including potable water supplies, surface water, and 15
groundwater; 16
(2) eliminate duplicative or unnecessary permitting requirements 17
through the consolidation of existing authorities and, where appropriate, the 18
use of permits by rule; 19

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VT LEG #386103 v.1
(3) allow the use of alternative, innovative, and experimental 1
technologies for the treatment and disposal of wastewater in the appropriate 2
circumstances; 3
(4) protect the investment of homeowners through a flexible remediation 4
process for failed potable water supplies and wastewater systems; 5
(5) increase reliance on and the accountability of the private sector for 6
the design and installation of potable water supplies and wastewater systems, 7
through licensing and enforcement; and 8
(6) allow delegation of the permitting program created by this chapter to 9
municipalities demonstrating the capacity to administer the chapter. 10
Sec. 3. 10 V.S.A. § 1973 is amended to read: 11
§ 1973. PERMITS 12
(a) Except as provided in this section and sections 1974 and 1978 of this 13
title, a person shall obtain a permit from the Secretary before: 14
(1) subdividing land; 15
(2)