An act relating to authorizing the use of State waters by hydroelectric generation facilities

This bill (S 41) amends Vermont's water quality standards to explicitly permit small hydroelectric power facilities (with a capacity of five megawatts or less) to use Class B(2) waters. Class B(2) waters are currently designated for recreation, fishing, agriculture, and public water sources. The bill requires the Secretary of Natural Resources to update the water quality standards by July 1, 2026, to include small hydro as a "suitable use" for these waters. It also prohibits denying approval for such facilities on Class B(2) waters without proof that the project would harm water quality. This directly affects small hydroelectric developers seeking to use state waters for power generation.