The 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. It amends the current classification of Class B(2) waters to include their suitability for such facilities, alongside existing uses like swimming, irrigation, and recreational activities. Specifically, the language in the law is updated to reflect that these waters are "suitable for use by a hydroelectric power generation facility with a proposed installed capacity of five megawatts or less."

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. Until that amendment is made, the Secretary cannot deny approval for the use of Class B(2) waters by these 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