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BILL AS INTRODUCED 2007-2008

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H.801

Introduced by Representatives Kupersmith of S. Burlington, Audette of S. Burlington, Head of S. Burlington and Pugh of S. Burlington

Referred to Committee on

Date:

Subject:  Conservation; water resources; stormwater

Statement of purpose:  This bill authorizes real estate subdivisions to transfer a pretransition stormwater permit to a municipal stormwater utility.  The bill also proposes that the failure of a real estate subdivision to obtain, renew, or comply with the terms of a pretransition stormwater discharge permit shall not create an encumbrance on record title to real property within the real estate subdivision or affect marketability of title of real property within the real estate subdivision, provided that the stormwater system for the subdivision is transferred to a properly formed stormwater utility.  The bill would also require the agency of natural resources to submit to the general assembly a schedule for issuance of the implementation plans for the total maximum daily load plans for the stormwater-impaired waters of the state.  In addition, the bill increases the maximum amount of funds in the Vermont environmental protection agency pollution control revolving fund that may be appropriated for the construction of stormwater management facilities.

AN ACT RELATING TO STORMWATER MANAGEMENT

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

Sec. 1.  10 V.S.A. § 1264(i) is added to read:

(i)  A  real estate subdivision may transfer a pretransition stormwater discharge permit to a municipal stormwater utility formed pursuant to the requirements of chapter 105 of Title 24, provided that the municipal stormwater utility assumes responsibility for the permitting of the stormwater system that serves the real estate subdivision.  For the purposes of this section:

(1)  “Pretransition stormwater discharge permit" means any permit issued by the secretary of natural resources pursuant to this section on or before June 30, 2004 for a discharge of stormwater.

(2)  “Residential subdivision” means land identified and demarcated by recorded plat or other device that a municipality has authorized to be used primarily for residential construction.

Sec. 2.  27 V.S.A. § 614 is added to read:

§ 614.  TRANSFER OF STORMWATER DISCHARGE PERMITS TO

            STORMWATER UTILITY

(a)  The failure of the real estate subdivision to obtain, renew, or comply with the terms of a pretransition stormwater discharge permit shall not create an encumbrance on record title to real property within the real estate subdivision or affect marketability of title of real property within the real estate subdivision, provided that:

(1)  The real estate subdivision transfers a pretransition stormwater permit to a municipal stormwater utility according to the requirements of subsection 1264(i) of Title 10;

(2)  Property owners within the real estate subdivision record in the land records:

(A)  The deed or other legal document of conveyance of the stormwater system to the utility; and

(B)  A notice indicating that the stormwater utility has assumed responsibility for the permitting of the stormwater system located in the real estate subdivision.

(b)  The definitions found in section 1264 of Title 10 and subsection 613(a) of this title apply to this section unless otherwise indicated.  For the purposes of this section, “residential subdivision” means land identified and demarcated by recorded plat or other device that a municipality has authorized to be used primarily for residential construction.

Sec. 3.  AGENCY OF NATURAL RESOURCES STORMWATER TMDL

             SCHEDULE

(a)  On or before March 15, 2008, the agency of natural resources shall submit to the house committee on fish, wildlife and water resources and the senate committee on natural resources and energy a schedule for the issuance of the implementation plans for the total maximum daily load (TMDL) plans that the U.S. Environmental Protection Agency (EPA) has approved for the stormwater-impaired waters of the state.  The schedule shall include the dates on which the implementation plan for each EPA-approved stormwater TMDL will be issued and a brief summary of the proposed implementation plan for each EPA-approved stormwater TMDL.

(b)  The report required under subsection (a) of this section shall also include a schedule for the submission of the remaining stormwater TMDLs to EPA for approval.

Sec. 4.  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, state agencies, and the Vermont housing finance agency, for planning sewage systems and sewage treatment or disposal plants as defined in subdivisions 3501(6) and 3601(3) of this title, for constructing publicly-owned publicly owned sewage systems and sewage treatment or disposal plants as defined in subdivisions 3501(6) and 3601(3) of this title, for planning or construction of certain privately-owned privately owned wastewater systems, and for implementing related management programs.

(2)  The Vermont pollution control revolving fund which shall be used to provide loans to municipalities, state agencies, and the Vermont housing finance agency, for planning pollution control facilities, for constructing publicly-owned publicly owned pollution control facilities, and for constructing certain privately-owned privately owned wastewater systems and potable water supply systems.

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(8)  The Vermont stormwater management fund which shall be used to provide grants and loans to municipalities, pursuant to rules proposed by the agency of natural resources and enacted by the general assembly, for planning, designing, engineering, constructing, repairing, or improving infrastructure necessary to protect the waters of the state from the adverse impacts of untreated stormwater runoff. Funds may also be used to plan and establish a process for managing stormwater within or among municipalities.

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(d)  Funds from the Vermont environmental protection agency pollution control fund and the Vermont pollution control revolving fund, established by subdivisions (a)(1) and (2) of this section, may be awarded for:

(1)  the refurbishment or construction of a new or an enlarged wastewater treatment plant with a resulting total capacity of 250,000 gallons or more per day in accordance with the provisions of this chapter and section 1626a of Title 10; or

(2)  the construction of stormwater management facilities as specifically or generally described in Vermont's nonpoint source management plan, and which are necessary to remedy or prevent pollution of waters of the state, provided, in any year in which the federal grant for the fund established in subdivision (a)(1) of this section does not exceed the amount available to the state in the 2002 federal appropriation, no more than 10 30 percent of that year's federal and state appropriations to that fund shall be used for the purpose outlined in this subdivision.

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Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us