Bill S.41, introduced by Senator Westman, aims to authorize the use of Class B(2) waters in Vermont for hydroelectric power generation facilities with a proposed installed capacity of five megawatts or less. The bill amends current law to include hydroelectric power generation as a suitable use of Class B(2) waters, which are defined as waters suitable for swimming, irrigation, aquatic habitat, and recreational activities. Specifically, the language in 10 V.S.A. 1252(a) is modified to add that these waters are also suitable for hydroelectric facilities of the specified capacity.

Additionally, the bill mandates that the Secretary of Natural Resources amend the Vermont Water Quality Standards by July 1, 2026, to reflect this inclusion. It also stipulates that prior to this date, the Secretary cannot deny approval for the use of Class B(2) waters by such hydroelectric facilities unless it can be demonstrated that their use would impair the water quality. The act is set to take effect upon passage.

Statutes affected:
As Introduced: 10-1252(a), 10-1252