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Committee debates emergency dam drawdown authority, federal-permit limits and task-force review
Summary
Senators discussed draft bill language giving executive officials authority to order drawdowns or waive permits during flooding emergencies; members sought clarity on which agency makes threat determinations, whether federal permits can be waived, and asked that the state's dam task force review standards and refill plans.
The Senate Committee on Government Operations reviewed draft changes to emergency authorities related to dam drawdown and refill plans during the same hearing that considered miscellaneous amendments to emergency management and flood response.
Senators and witnesses debated who should determine that a flood event is "likely to cause substantial damage," and whether the secretary of the Agency of Natural Resources (ANR) or Vermont Emergency Management (VEM) should have primary responsibility for that determination. A committee member asked whether VEM, which tracks weather and emergency warnings, should be the primary decisionmaker; another member noted ANR holds technical expertise about dams and water quality.
Senator Watson raised a separate concern about federal permits: "can the governor waive a federal permit?" Committee members and staff acknowledged ambiguity in the draft language and recommended further clarification. The bill text as drafted directs consultation with "applicable dam owners for federally licensed sites" and uses the phrase "to the extent feasible" when describing consultation and coordination for federally regulated dams.
Committee members also recommended sending the draft language to the dam safety task force created under last year's flood-safety legislation (Act 121) to review criteria such as refill plans, preemption of federal law, and the list of decision factors. "I would recommend, that as a part of this somewhere, perhaps in session law, that you include asking this task force to take a look at this language and see if they have any recommendations for adjustments," one senator said.
Technical concerns raised included the timing and rate of drawdowns. Witnesses reminded the committee that dams differ: a rapid drawdown could damage some structures, so practical response requires site-specific drawdown and refill plans and time to implement them. Senators urged that any authority include requirements for an established plan and coordination with dam owners and emergency responders.
Ending: Committee members agreed to further edits, recommended clarifying the responsible decisionmaker (VEM or ANR), asked legislative counsel and staff to craft session-law language asking the dam safety task force to review and report back, and acknowledged the bill likely will not be voted out of committee immediately so that these questions can be resolved.
