Vermont S. 224: An act relating to co-payment limits for visits to chiropractors

Bill Text

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VT LEG #385519 v.1
S.224 1
Introduced by Senators Watson and Bongartz 2
Referred to Committee on 3
Date: 4
Subject: Conservation and development; water quality; lakes; use of waters; 5
wakeboats; aquatic nuisance species; fish and wildlife access areas 6
Statement of purpose of bill as introduced: This bill proposes to require 7
delegation to a municipality the authority to regulate the use of a public water 8
used as a public water source by the municipality’s public water system if the 9
municipality owns or controls all of the private land surrounding the public 10
water. This bill also would require a person who owns or controls a wakeboat 11
to identify a home lake in which the wakeboat shall operate for the calendar 12
year. A wakeboat would be limited to operating in the home lake, unless the 13
wakeboat is decontaminated prior to transfer to another lake or waterbody. In 14
addition, the bill would clarify that aquatic nuisance inspection stations may 15
use State fishing access areas in a manner consistent with federal regulations. 16
An act relating to the management of the State’s lakes 17

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VT LEG #385519 v.1
It is hereby enacted by the General Assembly of the State of Vermont: 1
* * * Municipal Regulation of Public Water Sources * * * 2
Sec. 1. 10 V.S.A. § 1424 is amended to read: 3
§ 1424. USE OF PUBLIC WATERS 4
(a) The Secretary may establish rules to implement the provisions of this 5
chapter, including: 6
(1) Rules to regulate the use of public waters of the State by: 7
(A) defining areas on public waters wherein certain uses may be 8
conducted; 9
(B) defining the uses which may be conducted in the defined areas; 10
(C) regulating the conduct in these areas, including the size of motors 11
allowed, size of boats allowed, allowable speeds for boats, and prohibiting the 12
use of motors or houseboats; or 13
(D) regulating the time various uses may be conducted. 14
(2) Rules to govern the surface levels of lakes, ponds, and reservoirs that 15
are public waters of the State. 16
* * * 17
(f) By rule, the Secretary may delegate authority under this section for the 18
regulation of public waters where: 19
(1) The delegation is to a municipality that is adjacent to or which 20
contains the water; and 21

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VT LEG #385519 v.1
(2) The municipality accepts the delegation by creating or amending a 1
bylaw or ordinance for regulation of the water. Appeals from a final act of the 2
municipality under the bylaw or ordinance shall be taken to the Environmental 3
Division. The Secretary may terminate a delegation for cause or without cause 4
upon six months’ notice to the municipality. 5
(g)(1) On petition of a municipal selectboard or the commissioners of a 6
public water system, the Secretary, by rule or written agreement outlining the 7
requirements of municipal regulation by bylaw or ordinance, shall delegate 8
authority to regulate the use of a public water under this section when: 9
(A) the public water serves as the source of drinking water for a 10
municipally operated public water system permitted under chapter 56 of this 11
title; 12
(B) the municipality that operates the public water system owns or 13
controls all of the public or private land surrounding the public water; and 14
(C) the municipality accepts the delegation by adopting a bylaw or 15
ordinance approved by the Secretary for the regulation of the use of the public 16
water. 17
(2) A municipality delegated authority to regulate the use of a public 18
water shall comply with and be at least as stringent as the State public water 19
supply requirements of chapter 56 of this title and rules adopted under that 20
chapter. 21

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VT LEG #385519 v.1
(3) Appeals from a final act of a municipality under a bylaw or 1
ordinance approved under this subsection shall be to the Environmental 2
Division. 3
(4) The Secretary may terminate a delegation under this subsection for 4
cause or without cause upon six months’ notice to the municipality. 5
* * * Wakeboats; Home Lake * * * 6
Sec. 2. 10 V.S.A. § 1422 is amended to read: 7
§ 1422. DEFINITIONS 8
In this chapter, unless the context clearly requires otherwise: 9
(1) “Agency” means the Agency of Natural Resources. 10
* * * 11
(3) “Department” means Department of Environmental Conservation. 12
(4) “Navigable water” or “navigable waters” means Lake Champlain, 13
Lake Memphremagog, the Connecticut River, all natural inland lakes within 14
Vermont, and all streams, ponds, flowages, and other waters within the 15
territorial limits of Vermont, including the Vermont portion of boundary 16
waters, that are boatable under the laws of this State. 17
* * * 18
(6) “Public waters” means navigable waters excepting those waters in 19
private ponds and private preserves as set forth in sections 5204, 5205, 5206, 20
and 5210 of this title. 21

BILL