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S.245

AN ACT RELATING TO MAKING IT CLEAR THAT A MUNICIPALITY MAY USE SEWER ALLOCATION AUTHORITY TO IMPLEMENT ITS MUNICIPAL PLAN

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 24 V.S.A. 2291 is amended to read:

2291. ENUMERATION OF POWERS

For the purpose of promoting the public health, safety, welfare, and convenience, a town, city, or incorporated village shall have the following powers:

* * *

(21) To regulate the sale and conveyance of sewage capacity to users, including phasing provisions and other conditions based on the impact of residential, commercial, or industrial growth within a town, in accord with principles in a duly adopted town plan.

Sec. 2. 24 V.S.A. 3625(a) is amended to read:

(a) When capacity under an original or amended discharge permit under 10 V.S.A. 1263 is or has been granted to any municipality, as defined in 1 V.S.A. 126, except existing town school districts or incorporated school districts, that capacity shall be allocated, in a manner consistent with a municipality's obligation to its bondholders to establish rates and apply the proceeds as set forth in section 3616 of this title, pursuant to one of the following, adopted and in effect by July 1, 1990 whether in the form as adopted, or as later amended:

(1) an ordinance adopted under sections 1972 and 1973 of this title. This ordinance may authorize the municipality to include, in any specific allocation, phasing provisions and other conditions intended to implement provisions of a municipal plan adopted under section 4385 of this title, or bylaws adopted under sections 4403 and 4404 of this title;

(2) bylaws adopted under sections 4403 and 4404 of this title; or

(3) interim bylaws adopted under section 4410 of this title.