Vermont H. 879: An act relating to the administration of federally funded workforce education and training programs

Bill Text

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H.879 1
Introduced by Representatives Harvey of Castleton, Coffin of Cavendish, 2
Labor of Morgan, Malay of Pittsford, Morgan, M. of Milton, 3
Nielsen of Brandon, Pinsonault of Dorset, Powers of Waterford, 4
and Pritchard of Pawlet 5
Referred to Committee on 6
Date: 7
Subject: Conservation and development; aquatic nuisance control; application 8
of chemicals 9
Statement of purpose of bill as introduced: This bill proposes to amend the 10
requirements for the issuance by the Agency of Natural Resources of a permit 11
for the application of chemicals in a water of the State. 12
An act relating to aquatic nuisance control 13
It is hereby enacted by the General Assembly of the State of Vermont: 14
Sec. 1. FINDINGS 15
The General Assembly finds that: 16
(1) Aquatic nuisance and invasive species are a threat to Vermont native 17
species as they compete with native species for habitat and resources. Further, 18
aquatic nuisance and invasive species can cause economic harm due to the loss 19
of commercial and recreational opportunities they can cause. 20

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(2) According to the Lake Champlain Basin Program, as of 2020, there 1
were 51 known nonnative and invasive species identified in Lake Champlain 2
and, as of 2022, there were 126 waterbodies in Vermont that had confirmed 3
aquatic invasive species. 4
(3) According to the 2019 U.S. Environmental Protection Agency’s The 5
Great Lakes and Lake Champlain Invasive Species Program report, prevention 6
is the most effective and least costly method for managing aquatic nuisance 7
and invasive species threats to Vermont’s waters. 8
(4) It is the policy of the State of Vermont to follow the precautionary 9
principle and use pesticides as a measure of last resort in aquatic nuisance 10
control after other nonchemical methods have failed and it has been proven by 11
the applicant that there will be no or negligible harm to nontarget species, be 12
they reptiles, amphibians, fish, or aquatic biota. 13
Sec. 2. 10 V.S.A. § 1452 is amended to read: 14
§ 1452. DEFINITIONS 15
As used in this chapter: 16
(1) “Agency” means the Agency of Natural Resources. 17
(2) “Aquatic nuisance” means undesirable or excessive substances or 18
populations that interfere with the recreational potential or aquatic habitat of a 19
body of water, including rooted aquatic plants and animal and algal 20
populations. Aquatic nuisances include zebra mussels (Dreissena 21

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polymorpha), quagga mussels (Dreissena bugensis), Asian clam (Corbicula 1
fluminea), fishhook waterflea (Cercopagis pengoi), rusty crayfish (Orconectes 2
rusticus), spiny waterflea (Bythotrephes longimanus), or other species 3
identified by the Secretary by rule. 4
* * * 5
(8) “Pesticide” means any substance produced, distributed, or used for 6
preventing, destroying, or repelling nuisance aquatic plants, insects, or other 7
aquatic life, including lamprey. Pesticide “Pesticide” includes unicellular 8
organisms or extracts from unicellular organisms and does not include 9
biological controls. 10
(9) “Secretary” means the Secretary of Natural Resources. 11
* * * 12
(11) “Waters” means all rivers, streams, creeks, brooks, reservoirs, 13
ponds, lakes, and springs and all bodies of surface waters, artificial or natural, 14
that are contained within, flow through, or border upon the State or any portion 15
of it. 16
* * * 17
(17) “Lake association” means a lake protection organization registered 18
with the Secretary of Natural Resources on a form provided by the Secretary. 19
* * * 20

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(23) “Lake” means a body of standing water, including a pond or a 1
reservoir that may have natural or artificial water level control. Private ponds 2
are not considered lakes. 3
(24) “Lake segment” means the segments of Lake Champlain identified 4
in the U.S. Environmental Protection Agency’s publication Phosphorus 5
TMDLs for Vermont Segments of Lake Champlain. 6
(25) “Private pond” means a body of standing water that is a natural 7
waterbody of not more than 20 acres located on property owned by a person or 8
an artificial waterbody of any size located on property owned by a person. A 9
“private pond” includes a reservoir specifically constructed for one of the 10
following purposes: snowmaking storage, golf course irrigation, stormwater 11
management, or fire suppression. 12
Sec. 3. 10 V.S.A. § 1455 is amended to read: 13
§ 1455. AQUATIC NUISANCE CONTROL PERMIT 14
(a) A person shall not use pesticides, chemicals other than pesticides, 15
biological controls, bottom barriers, structural barriers, structural controls, or 16
powered mechanical devices in waters of the State to control nuisance aquatic 17
plants, insects, or other aquatic nuisances, including lamprey, unless that 18
person has been issued a permit