Bill H.236 proposes 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 activities like swimming, irrigation, and recreational uses. Specifically, the language in 10 V.S.A. 1252(a) is modified to reflect this new use, while also removing 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 this new classification for hydroelectric power generation. Until that amendment is made, the Secretary cannot deny the use of Class B(2) waters for these facilities unless it can be demonstrated that such use would impair the water quality. The act is set to take effect upon passage.

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