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 by adding that Class B(2) waters are suitable for use by such facilities, which includes provisions for swimming, irrigation, and recreational activities. Specifically, the language in 10 V.S.A. 1252(a) is modified to reflect this new use, replacing the previous stipulation that Class B(2) waters are suitable for public water sources with filtration and disinfection.

Additionally, the bill mandates that the Secretary of Natural Resources amend the Vermont Water Quality Standards by July 1, 2026, to incorporate hydroelectric power generation facilities as a suitable use of Class B(2) waters. It also stipulates that prior to this date, the Secretary cannot deny approval for a Class B(2) water for such 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