Energy (Hydroelectric)

H 236 authorizes small hydroelectric facilities (with a proposed capacity of five megawatts or less) to use Vermont's Class B(2) waters, which are currently designated for recreation, fishing, irrigation, and public water sources. The bill requires the Secretary of Natural Resources to amend Vermont's Water Quality Standards by July 1, 2026, to formally include hydroelectric generation as a "suitable use" for Class B(2) waters. It also prohibits denying such projects before 2026 unless the project would impair water quality. This directly affects small hydroelectric developers seeking to use state waters for power generation. The bill makes a specific classification change to existing water quality rules without creating new regulatory requirements.

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.