An act relating to water quality of the waters of Vermont

Subsection (a) purpose language was broadened from listing specific evaluations (reclassification review, antidegradation assessment, Class A framework examination, lake/pond classification adequacy) to a general mandate to review and evaluate Vermont's existing statutory and regulatory frameworks, policies, and procedures governing water quality and water classification.

A new duty was added requiring the Study Group to assess and identify current and potential threats to water quality of all waters of the State and evaluate whether existing frameworks adequately protect designated and existing uses and whether management practices effectively minimize risks to those uses.

A new duty was added requiring evaluation of whether amendments to the water classification framework are warranted across ALL classes of surface waters (streams, rivers, inland lakes, inland ponds), including consideration of separate classification systems for rivers and streams versus lakes and ponds. This is a significant expansion beyond the prior focus on lakes and ponds.

The Class A waters duty was expanded to specifically include a review of requirements governing existing and newly constructed wastewater systems in Class A waters or waters meeting Class A criteria.

The recommendations duty was made more prescriptive, now requiring recommendations to include aligning statutory frameworks with federal and State obligations, updating regulatory standards, and revising administrative practices for consistency and compliance.

The report deadline was extended from December 15, 2026 to January 15, 2027, giving the Study Group an additional month to complete its work.

The date the Study Group ceases to exist was moved up from February 15, 2027 to February 1, 2027, shortening the post-report wind-down period by two weeks.

Section 1a (Contingency of Funding), which made per diem compensation and expense reimbursement contingent upon a fiscal year 2027 appropriation from the General Fund, was removed from the official version.

The Clean Water Act reference was simplified: the specific statutory citation (33 U.S.C. sections 1251-1388, as enacted as of January 1, 2026) was removed, and the language changed from 'adoption of an antidegradation rule' to 'adoption and implementation of an antidegradation policy,' broadening the scope from rulemaking to ongoing implementation.

The 'As Passed' document includes an intermediate version that expanded the Study Group's duties to assess current and potential threats to water quality of all waters of the State, evaluate whether existing frameworks adequately protect designated and existing uses, and review requirements governing existing and newly constructed wastewater systems in Class A waters.

The intermediate version added a duty to evaluate whether amendments to the water classification framework are warranted for ALL surface waters including streams, rivers, inland lakes, and inland ponds, and to consider separate classification systems for rivers/streams versus lakes/ponds - a significant broadening beyond the original focus on lakes and ponds.

The intermediate version reduced Study Group membership from 10 to 7 by cutting House members from 3 to 2, Senate members from 3 to 2, and removing three organization-specific seats (Green Mountain Water Environment Association, Memphremagog Watershed Association, Lake Champlain Citizen's Advisory Committee).

The intermediate version added a 'Contingency of Funding' section making per diem compensation and expense reimbursement contingent upon a specific fiscal year 2027 appropriation from the General Fund to the Vermont General Assembly.

The intermediate version changed the report deadline from December 15, 2026 to January 15, 2027, and moved the Study Group sunset date from February 15, 2027 to February 1, 2027.

The 'As Enacted' version includes a revision note explaining that the Office of Legislative Counsel corrected 'four legislators' to 'six legislators' in subsection (f)(2) to match the actual number of legislator members, and records the Governor's signature date of June 18, 2026.

Study Group membership expanded from 9 to 13 members: House legislators increased from 2 to 3, Senate legislators increased from 2 to 3 (both with a new requirement that they not all be from the same political party), and three new stakeholder seats added for the Green Mountain Water Environment Association, Memphremagog Watershed Association, and Lake Champlain Citizen's Advisory Committee.

New Section 3 requires the Secretary of Natural Resources to submit a report by January 15, 2027 to the House Committee on Environment and Senate Committee on Natural Resources and Energy recommending whether to establish a state certification program for wetlands professionals. The report must cover benefits and disadvantages (including effects on permitting speed, cost, and availability of services), impact on professional liability, and if recommended, details of the proposed certification requirements and authorized activities.

The Study Group's duties were restructured. The old broad assessment of threats to water quality and the requirement to consider separate classification systems for rivers/streams versus lakes/ponds were removed. New duties focus specifically on Class A waters regulatory framework and reclassification, and on whether the classification system protects ecological integrity of lakes and ponds. The specific reference to wastewater systems in Class A waters was dropped.

Report deadline moved from January 15, 2027 to December 15, 2026 (one month earlier). Study Group sunset date extended from February 1, 2027 to February 15, 2027.

Section 1a (Contingency of Funding) was deleted. This section had made per diem payments to Study Group members contingent on a specific fiscal year 2027 appropriation from the General Fund, meaning payments are no longer subject to that condition.

The Clean Water Act assessment in subsection (c)(2) now includes a specific statutory citation (33 U.S.C. sections 1251-1388 as enacted as of January 1, 2026) and narrows the focus from 'adoption and implementation of an antidegradation policy' to 'adoption of an antidegradation rule to implement the State's antidegradation policy under the Vermont Water Quality Standards.'

The Study Group's overall purpose was narrowed from a general review of all water quality frameworks to specific evaluations: reviewing classified waters and candidate waters for reclassification, assessing antidegradation requirements, examining the Class A waters regulatory framework, and evaluating the adequacy of the lake and pond classification system.

The broad assessment of threats to all state waters (original subsection c(3)) was removed. In its place, a new focused item on Class A waters was added, asking whether modifications are needed to facilitate reclassification of eligible waters and provide regulatory certainty for activities in Class A waters.

The evaluation of the water classification framework (original subsection c(5)) was narrowed from covering all surface waters including streams, rivers, inland lakes, and inland ponds - and considering separate classification systems for rivers/streams vs. lakes/ponds - to focusing only on whether the system protects ecological integrity of lakes and ponds and provides regulatory certainty.

The inventory task was broadened slightly from an inventory of 'existing water classification designations' to an inventory of 'the waters of the State, with the existing classification designations,' and changed 'high quality waters' to 'candidate high quality waters.'

The Clean Water Act assessment was made more specific: it now references 33 U.S.C. sections 1251-1388 as enacted as of January 1, 2026, and focuses on adopting an antidegradation rule under the Vermont Water Quality Standards rather than general adoption and implementation of an antidegradation policy.

The recommendations section was simplified. The original required aligning statutory frameworks with federal and state obligations, updating regulatory standards, and revising administrative practices. The Senate version simply requires recommending legislative amendments and identifying rules, policies, or procedures that may require revision.

The report deadline was moved from January 15, 2027 to December 15, 2026 (one month earlier).

The Study Group's dissolution date was extended from February 2, 2027 to February 15, 2027 (two weeks later).

A new Section 1a (Contingency of Funding) was added, making per diem compensation and expense reimbursement for all Study Group members contingent upon an appropriation in fiscal year 2027 from the General Fund to the Vermont General Assembly for that specific purpose.