H.397 amendment adds governor‑authorized dam drawdowns and new owner planning requirements

May 8, 2025 — The Senate Government Operations Committee considered new draft language in its H.397 amendment that separates dam drawdown authority from the governor’s all‑hazard emergency powers and sets requirements for dam owners who seek pre‑event drawdowns.

Why it matters: The amendment clarifies that pre‑event drawdowns — operations to lower reservoir levels in anticipation of flooding — are distinct from emergency actions taken after an event. It gives the governor express authority to waive applicable state permits to allow pre‑event drawdowns, but only when the governor, after consultation, “has significant reason to believe” an advance drawdown will reduce risks to persons or property.

Tucker (legislative counsel) explained the text splits existing statutory language in 20 V.S.A. §9 to create subsection (a) for governor emergency powers triggered by an all‑hazard declaration and subsection (b) for dam drawdowns that occur in anticipation of events. The amendment states the governor may authorize waivers of applicable water‑quality permits to allow drawdowns if consultation indicates a public‑safety benefit.

The amendment also requires dam owners who rely on a waiver to have a drawdown plan approved by the Secretary of the Agency of Natural Resources before implementation. The transcript lists minimum plan contents: hydrologic and hydraulic modeling of the reservoir and downstream channel by an engineer experienced in dam safety demonstrating public‑safety benefit; communications with downstream communities and regulators prior to and during drawdown operations; maximum safe reservoir drawdown rates, outflows and ramping rates; a target drawdown elevation and a refill plan; monitoring and reporting requirements; and documentation of plan updates.

A committee member asked whether an existing private plan would satisfy the requirement. Counsel replied that a preexisting plan would only qualify if it met each criteria in the new subsection and was approved by the Secretary prior to an eligible drawdown.

Committee members discussed whether the required public‑safety demonstration should explicitly include economic impacts of a potential breach; counsel said economic impacts are not specifically called out in the draft but the committee could add criteria if it chose to. Senators and witnesses also noted communications and downstream notification are included in the plan requirements.

No formal vote on the dam provisions was recorded in the transcript excerpt. The transcript shows follow‑up requests to the Agency of Natural Resources and references to Green Mountain Power’s request that approved existing drawdown plans not be made redundantly subject to new review.

Next steps: Committee members signaled interest in further detail from ANR on plan standards and in accommodating pre‑existing approved plans where requirements substantially overlap.