Vermont H 240: An act relating to the Vermont Better Roads Program

Bill Text

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VT LEG #379764 v.1
H.240 1
Introduced by Representatives Noyes of Wolcott, Bailey of Hyde Park, 2
Boyden of Cambridge, LaMont of Morristown, and Yacovone 3
of Morristown 4
Referred to Committee on 5
Date: 6
Subject: Public safety; emergency management; dams; drawdown; flood event 7
Statement of purpose of bill as introduced: This bill proposes to authorize the 8
Governor during a declared state of emergency to authorize the Agency of 9
Natural Resources to waive applicable water quality permits or requirements to 10
allow dams within the State to draw down water levels in anticipation of a 11
flood event likely to cause substantial damage or injury to persons or property. 12
An act relating to authorizing drawdown of dams during emergency flood 13
events 14
It is hereby enacted by the General Assembly of the State of Vermont: 15
Sec. 1. 20 V.S.A. § 9 is amended to read: 16
§ 9. EMERGENCY POWERS OF GOVERNOR 17
Subject to the provisions of this chapter, in the event of an all-hazards event 18
in or directed upon the United States or Canada that causes or may cause 19
substantial damage or injury to persons or property within the State in any 20

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VT LEG #379764 v.1
manner, the Governor may declare a state of emergency within the entire State 1
or any portion or portions of the State. Thereafter, the Governor shall have and 2
may exercise for as long as the Governor determines the emergency to exist the 3
following additional powers within such area or areas: 4
* * * 5
(11) In consultation with the Secretary of Natural Resources or 6
designee, to authorize the Agency to issue temporary emergency permits, with 7
appropriate conditions to minimize significant adverse environmental impacts, 8
after limited or no opportunity for public comment, allowing site preparation 9
for, construction of, or operation of an electric transmission facility or a 10
generating facility necessary to ensure the stability or reliability of the electric 11
system or a natural gas facility. A permit issued under this subdivision shall be 12
subject to conditions required by the Governor and shall be valid for the 13
duration of the declared emergency plus 180 days, or such lesser overall term 14
as determined by the Governor. Upon the expiration of a temporary 15
emergency permit under this subdivision, if any applicable permits have not 16
been issued by the Secretary or the Commissioner of Environmental 17
Conservation, the Secretary may seek enforcement under applicable law. 18
(12) In consultation with the Secretary of Natural Resources or 19
designee, to authorize the Agency to waive applicable permits and restrictions 20
under 10 V.S.A. chapter 47 or the Vermont Water Quality Standards to allow 21

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VT LEG #379764 v.1
dams within the State to draw down water levels in anticipation of a flood 1
event that is likely to cause substantial damage or injury to persons or property. 2
Waivers may only be issued if the Governor, in consultation with the Secretary 3
of Natural Resources or designee, has significant reason to believe doing so 4
will decrease the risk of substantial damage to persons or property within the 5
State. Dam operators operating under a waiver shall be required make every 6
effort to minimize the environmental impact of a water level drawdown under 7
the authorized waiver. 8
Sec. 2. EFFECTIVE DATE 9
This act shall take effect on passage. 10