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Committee explores regional stormwater utilities and deadline relief to meet Lake Champlain phosphorus targets
Summary
The committee discussed balancing the Lake Champlain phosphorus TMDL's remaining impervious-surface reductions with fairness to towns and property owners, and proposed a study into regional stormwater utilities to find more cost-effective, equitable solutions
Committee members and witnesses on April 2 discussed how to implement remaining Lake Champlain phosphorus reductions tied to impervious surfaces, and whether regional stormwater utilities could provide a more equitable and cost-effective path than the current parcel-triggered approach.
Chair Sheldon said the TMDL assigns approximately 60% of reductions to agriculture and the remainder to other sectors, including impervious surfaces. Committee members and multiple witnesses said the impervious-surface rules can produce uneven results: two neighboring properties can face different regulatory triggers depending on development patterns, and towns without capacity worry about assuming new liabilities.
The committee discussed statutory tools that already allow towns to form special districts or stormwater utilities and noted Pellets of experience: select boards and voters in some places have authorized town-wide programs. Members asked whether the bill language could make it easier for towns to form utilities and whether a regional study could identify cost-effective project siting (for example, upstream or downstream solutions, wetlands restoration) that yield greater phosphorus reductions per dollar.
The committee proposed directing a study of regionalized stormwater utilities to assess structure, governance, and cost-effectiveness and to identify approaches that would reduce equity concerns and lower per-unit costs. Members said the study could also help smaller towns that lack capacity to plan and finance complex stormwater projects.
Concerns: Some municipal representatives opposed language that could require towns to assume legal control of stormwater systems without clear protections; committee members said the bill aims to provide options, not impose new liabilities on towns unwilling to assume them.
Next steps: The committee plans a deeper hearing on stormwater and expects many additional witnesses. It also asked staff to explore model language clarifying voluntary formation of utilities and protections for municipalities that opt in.
