Act No. 143 Page 1 of 4
2024
This act summary is provided for the convenience of the public and members of the General Assembly. It
is intended to provide a general summary of the act and may not be exhaustive. It has been prepared by the
staff of the Office of Legislative Counsel without input from members of the General Assembly. It is not
intended to aid in the interpretation of legislation or to serve as a source of legislative intent.
Act No. 143 (S.310). An act relating to natural disaster government response, recovery,
and resiliency
Subjects: Internal security and public safety; taxation and finance; natural disaster
recovery
This act contains sections addressing various issues relating to natural disaster
government response, recovery, and resiliency.
Creation of the Community Resilience and Disaster Mitigation Grant Program and Fund
Sec. 1 adds 20 V.S.A. § 48 (Community Resilience and Disaster Mitigation Grant
Program), creating the Community Resilience and Disaster Mitigation Grant Program
to be administered by the Department of Public Safety for the purpose of awarding
grants for municipal disaster mitigation projects.
Sec. 2 adds 20 V.S.A. § 49 (Community Resilience and Disaster Mitigation Fund),
creating the fund from which the grant program will draw. It also requires an annual
report back to the General Assembly from the Department of Public Safety with a
summary of each project receiving funding.
Sec. 3 was deleted.
Sec. 4 increases the amount to be annually allocated to the Emergency Medical
Services Special Fund to be increased from $150,000 to $450,000.
Credit Facilities for Local Investments
Sec. 4a amends 10 V.S.A. § 10 by creating two new subsections: (c) enables the
State Treasurer to create an additional credit facility of up to 2.5% of the State’s
average cash balance for financing local investments relating to climate infrastructure
and resilience projects; and (d) requires the Treasurer to annually report to the General
Assembly the activities, financing, and accounting of any credit facilities created
pursuant to subsection (c).
Sec. 4b permits the Treasurer to use funds appropriated in fiscal year 2025 to
coordinate climate infrastructure financing efforts within the State, including use for
administrative costs and third-party consultations. The Treasurer shall report by
December 15, 2024, to the General Assembly detailing the status of coordination
efforts and with any recommendations regarding legislation.
Defining First Responder
Sec. 5 amends 20 V.S.A. § 2 (definitions) and creates a definition for the term “first
responder.” This term now arises in the context of planning for emergencies and all-
hazards events.
Sec. 6 was deleted.
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Sec. 6a was deleted.
Emergency Management
Sec. 7 amends 20 V.S.A. § 6 (local and regional organization for emergency
management) to add representatives from local libraries, arts and culture
organizations, regional development corporations, local business organizations, and
community-based emergency or charitable food providers to the list of nonvoting
members of regional emergency management committees. This section also requires
the Department of Public Safety’s Division of Emergency Management to advise
municipalities on where to locate emergency shelters.
Sec. 7a requires the Department for Children and Families to report back on the
resources needed to enable Vermont to implement the Supplemental Nutrition
Assistance Program’s Restaurant Meals Program.
Sec. 8 amends 20 V.S.A. § 31 (State Emergency Response Commission; duties) to
clarify that the State Emergency Response Commission has the authority to ensure
that the State Emergency Management Plan will go into effect when an accident
occurs involving the transportation of hazardous materials.
Sec. 9 amends 20 V.S.A. § 32 (local emergency planning committees; creation;
duties) to clarify that “local emergency planning committee” is a federal term used by
FEMA—rather than a State term—which originates in the Emergency Planning and
Community Right-To-Know Act (“EPCRA”) of 1986, 42 U.S.C. §§ 11001–11050.
Sec. 10 codifies the State Emergency Management Plan as created by the
Department of Public Safety’s Vermont Emergency Management Division and
requires that the Plan be updated as necessary, but at least every five years.
Sec. 11 requires the Division of Vermont Emergency Management to perform an
“after action review.” In addition to the federal Homeland Security Exercise and
Evaluation Program’s requirements, the review may include examining the adequacy
of early warning and evacuation orders, designated evacuation routes and emergency
shelters, the present system of local emergency management directors in widespread
emergencies, and the State’s present emergency communications systems. The
Division will also publish best management practices for rebuilding after emergencies
and report back to both the Senate Committee on Government Operations and the
House Committee on Government Operations and Military Affairs on both the
outcome of the review and the best management practices.
Sec. 12 was deleted.
Municipal Stormwater Utilities
Secs. 13–15 modify how stormwater rates are assessed and how the associated
revenue may be used. Sewage system commissioners may now set stormwater rates
for equivalent residential units based on an average area of impervious surface on
residential property within the municipality. Revenues may be used for stormwater
management, control, and treatment; flood resiliency; floodplain restoration; and other
similar measures.
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Creation of the Urban Search and Rescue Team
Sec. 16 adds 20 V.S.A. § 50 (Urban Search and Rescue Team), which creates the
Urban Search and Rescue (USAR) Team within the Department of Public Safety.
“Urban” is a federal term; this team will respond to emergencies throughout all of the
State, regardless of whether an area is urban, rural, etc.
Vermont-211 Information Privacy
Sec. 17 requires Vermont 211 to keep confidential any personal information
acquired from victims of natural disasters except for coordinating relief work for
affected individuals.
Emergency Communications
Sec. 18 requires the Emergency Management Division, in consultation with the
Enhanced E-911 Board, to develop a policy using E-911 to provide more effective
VT-Alerts in large emergencies.
Sec. 19 amends 30 V.S.A. § 7055 (originating carrier coordination) to modernize
statutory language so that “originating carriers” are required to provide location and
caller data in accordance with current 911 standards.
Sec. 20 requires the Enhanced 911 Board, in consultation with the Public Utilities
Commission, to evaluate and report on the current tariffs for service elements
necessary for the provision of Enhanced 911 services.
Language Assistance Services for State Emergency Communications
Sec. 21 adds 20 V.S.A. § 4 (language assistance services for state emergency
communications), which requires the Emergency Management Division to ensure
language assistance services are being provided to individuals who are Deaf, Hard of
Hearing, and DeafBlind and to individuals with limited English proficiency for all
State emergency communications. While the other sections of this act shall take effect
on July 1, 2024, Sec. 21 will take effect on July 1, 2025 to allow the Working Group’s
report to be issued before the language assistance services requirements of 20 V.S.A. §
4 take effect.
Sec. 22 was deleted.
Sec. 23 creates the “Language Assistance Services for Emergency Communications
Working Group” to develop and report on best practices for the distribution of
language assistance services on mass communication platforms to ensure emergency
communications are being effectively delivered to individuals who are Deaf, Hard of
Hearing, or DeafBlind and to individuals with limited English language proficiency.
Post-Secondary Disaster Management Programs
Sec. 24 requires the Vermont State University and the President or designee for the
University of Vermont to report on potentially creating post-secondary disaster
management programs.
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Emergency Powers of the Governor and Emergency Management
Sec. 25 amends 20 V.S.A. § 1 (purpose and policy), clarifying language regarding
the Governor’s emergency powers.
Sec. 26 amends 20 V.S.A. § 8 (general powers of Governor), inserting the term
“first responder” and adding considerations for water and fuel in emergency response.
Sec. 27 amends 20 V.S.A. § 9 (emergency powers of Governor), inserting the term
“first responder” and updating terminology for consistency across statutory sections.
Sec. 28 amends 20 V.S.A. § 11 (additional emergency powers), clarifying who at
the local level may be designated an emergency management director. This section
also clarifies language regarding temporary and permanent takings during an
emergency.
Sec. 29 amends 20 V.S.A. § 13 (termination of emergencies), updating terminology
for consistency across statutory sections.
Sec. 30 amends 20 V.S.A. § 17 (gifts, grants, or loan), modifying the processes for
the Governor accepting gifts, grants, or loans during a declared state of emergency.
Any services, equipment, supplies, materials, or funds by way of gift, grant, or loan
for purposes of emergency management, accepted by the Governor from private or
federal sources shall be accepted in accordance with the regular non-emergency
processes under 32 V.S.A. § 5 unless there exists a reasonable expectation that without
the acceptance the all-hazards event will imminently cause bodily harm, loss of life, or
significant property damage within the State, in which case the Governor shall have
the sole authority to accept these.
Sec. 31 amends 20 V.S.A. § 26 (change of venue because of an All-Hazards
Event), updating terminology for consistency across statutory sections.
Sec. 32 amends 20 V.S.A. § 30 (State Emergency Response Commission; creation)
adding a tenth public member to the State Emergency Response Commission and
shifting the process for appointing members from only the Governor to rotating
between the Governor, the Speaker of the House, and the Senate Committee on
Committees.
Sec. 33 amends 20 V.S.A. § 34 (temporary housing for disaster victims), clarifying
language and updating terminology for consistency across statutory sections.
Sec. 34 amends 20 V.S.A. § 39 (fees to the Hazardous Substances Fund) by
merging the language of the now-repealed 20 V.S.A. § 40 (enforcement).
Sec. 35 repeals 20 V.S.A. § 40 (enforcement).
Sec. 36 was deleted.
Sec. 37 was deleted.
Multiple effective dates, beginning on July 1, 2024
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Statutes affected:
As Introduced: 20-32, 24-101, 24-97, 30-7055
As Passed By the Senate -- Official: 20-32, 24-101, 24-97, 30-7055, 32-8557, 20-181, 20-31, 24-3679, 20-11, 20-13, 20-17, 20-26, 20-30, 20-34, 20-39, 20-40
As Passed By the Senate -- Unofficial: 32-8557, 20-181, 20-31, 20-32, 24-101, 24-3679, 24-97, 20-11, 20-13, 20-17, 20-26, 20-30, 20-34, 20-39, 20-40
As Passed by Both House and Senate -- Official: 20-32, 24-101, 24-97, 30-7055, 32-8557, 20-181, 20-31, 24-3679, 20-11, 20-13, 20-17, 20-26, 20-30, 20-34, 20-39, 20-40, 10-10
As Passed by Both House and Senate -- Unofficial: 32-8557, 10-10, 20-31, 20-32, 24-101, 24-3679, 24-97, 30-7055, 20-11, 20-13, 20-17, 20-26, 20-30, 20-34, 20-39, 20-40
As Enacted: 32-8557, 10-10, 20-31, 20-32, 24-101, 24-3679, 24-97, 30-7055, 20-11, 20-13, 20-17, 20-26, 20-30, 20-34, 20-39, 20-40