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H.52

Introduced by   Representative Donaghy of Poultney

Referred to Committee on

Date:

Subject:  Conservation; stormwater; municipal salt shed construction

Statement of purpose:  This bill proposes to establish the municipal salt storage fund to finance up to 50 percent of a municipality’s cost of constructing a facility to comply with a U.S. Environmental Protection Agency permit that requires coverage or enclosure of salt used for deicing.  The secretary of natural resources shall develop a list of municipal salt piles ranked in priority order based on:  the proximity of the salt pile to a state water, a public water supply, or a groundwater aquifer; the visible damage to fauna surrounding the salt pile; and the likelihood that new houses with private water supply wells will be built near the salt pile.  Disbursements from the fund shall be made pursuant to the priority list.  The secretary may adopt rules to ensure the self‑sustaining nature of the fund.  The bill proposes the transfer of $2,000,000.00 from the general fund to the municipal salt storage fund.  In addition, the bill proposes to authorize municipalities to receive loans from the Vermont environmental protection agency pollution control revolving fund for the construction of salt storage facilities.

AN ACT RELATING TO MUNICIPAL SALT STORAGE FACILITIES

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

Sec. 1.  10 V.S.A. § 1264d is added to read:

§ 1264d.  MUNICIPAL SALT STORAGE CONSTRUCTION FUND

(a)  A fund known as the municipal salt storage construction fund is created in the state treasury to finance the construction of facilities for the storage of salt used for deicing or other commercial or industrial purposes as required by the multisector general permit issued by the United States Environmental Protection Agency and as implemented by the agency of natural resources.  The fund shall be administered by the secretary of natural resources.

(b)  Deposits shall be made to the fund from monies appropriated by the general assembly and from any other source, public or private.  Unexpended balances and interest earned on the fund shall not revert to the general fund but shall be retained in the fund for use in accordance with the purposes of the fund.

(c)  The secretary shall prepare annually a list of municipal piles of salt, ranked in priority order, that require enclosure or coverage under the multisector general permit issued by the U.S. Environmental Protection Agency.  In establishing the priority order, the secretary, at a minimum, shall consider the following criteria:

(1)  the proximity of the pile of salt to a state water;

(2)  the proximity of the pile of salt to a public water supply or intake;

(3)  whether the pile of salt is located on, over, or in proximity to a groundwater aquifer;

(4)  the extent of visible damage to fauna surrounding the pile of salt; and

(5)  the location of the pile of salt in an area zoned for commercial, industrial, or similar use, or, in the absence of zoning, the likelihood that new houses with private water supply wells shall be built near the pile of salt.

(d)  After application by a municipality, the secretary may authorize disbursements from the fund for the planning, construction, or planning and construction of a facility to enclose, cover, or collect stormwater runoff from piles of salt used for deicing or other commercial industrial purposes in order to prevent exposure to precipitation.  Disbursements shall be made pursuant to the priority list completed under subsection (c) of this section.  A disbursement from the fund shall not exceed 50 percent of the cost to the municipality of the planning and construction of the facility.  The secretary may prescribe any form of application or procedure required of a municipality for a disbursement.

(e)  The secretary may adopt rules necessary to implement the provisions of this chapter in order to ensure the self-sustaining nature of the fund and to ensure compliance with the requirements of the multisector general permit issued by the U.S. Environmental Protection Agency.

Sec. 2.  24 V.S.A. § 4753 is amended to read:

§ 4753.  REVOLVING LOAN FUNDS; AUTHORITY TO SPEND; REPORT

(a)  There is hereby established a series of special funds to be known as:

(1)  The Vermont environmental protection agency (EPA) pollution control revolving fund which shall be used to provide loans to municipalities for planning sewage systems and sewage treatment or disposal plants as defined in sections 3501(6) and 3601 of this title, for constructing publicly‑owned sewage systems and sewage treatment or disposal plants as defined in sections 3501(6) and 3601 of this title, for planning or construction of certain privately-owned wastewater systems, for planning or constructing salt storage sheds pursuant to the multisector general permit issued by the U.S. Environmental Protection Agency, and for implementing related management programs.

* * *

Sec. 3.  24 V.S.A. § 4754 is amended to read:

§ 4754.  LOAN APPLICATION

A municipality may apply for a loan, the proceeds of which shall be used to acquire, design, plan, construct, enlarge, repair or improve a publicly-owned sewage system, sewage treatment, or disposal plant, pollution control facility, water supply, water system, or solid waste handling and disposal facility, salt storage facilities pursuant to the multisector general permit issued by the U.S. Environmental Protection Agency, or certain privately-owned wastewater systems as described in section 4763 of this title, or to implement a related management program. In addition, the loan proceeds shall be used to pay the outstanding balance of any engineering planning advances made to the municipal applicant under chapter 55 of Title 10 and determined by the secretary of the agency of natural resources to be due and payable following construction of the improvements to be financed by the proceeds of the loan.  The bond bank may prescribe any form of application or procedure required of a municipality for a loan hereunder.  Such application shall include such information as the bond bank shall deem necessary for the purpose of implementing this chapter.

Sec. 4.  APPROPRIATIONS FOR MUNICIPAL SALT STORAGE FUND

In fiscal year 2006, the amount of $2,000,000.00 is transferred from the general fund to the municipal salt storage fund for the construction of municipal facilities to enclose, cover, or collect stormwater runoff from piles of salt used for deicing or other commercial or industrial purposes as required by the multisector general permit issued by the United States Environmental Protection Agency.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us