Senate committee discusses S.124, Lake Champlain TMDL and possible relief for Rutland State Fair

Senate Agriculture Committee members discussed S.124, an act relating to agricultural subjects, and options to attach targeted language to a miscellaneous bill or allow S.124 to proceed on its own to the House. The discussion focused on coordinating with the U.S. Environmental Protection Agency's TMDL (total maximum daily load) for Lake Champlain and on whether the committee should provide an exception or fee relief so the Rutland State Fair can comply with Vermont's three-acre stormwater rule.

Committee members said the goal of S.124 is to produce a legislative response that keeps federal enforcement by the EPA from imposing its own requirements on the state. As one counsel explained, "This TMDL that Lake Champlain's operating under is EPA's TMDL... EPA has control of the TMDL," and removing components of the state's implementation plan would require reassigning load reductions to other sectors and could trigger further federal action.

The committee discussed a range of narrower options the Agency of Natural Resources (ANR) might propose, including waiving or adjusting impact fees, targeted language tailored to the Vermont State Fair in Rutland, or a broader cap on impact fees suited to the standalone stormwater bill. Several senators said Rutland's fairgrounds lack adjacent space to construct infiltration or treatment features and could face engineering and construction costs that the fair cannot absorb without assistance.

Senators said other fairs (Franklin, Lamoille, Addison/Champlain Valley and Orleans) have engineering plans and grant support that may allow compliance, but Rutland appears to lack feasible on-site mitigation options. Committee members noted prior grant assistance from ANR (approximately $2,000,000) that helped three fairs with engineering grants of roughly $50,000, while Rutland's full engineering-and-implementation estimate was described as more than $3,000,000.

Committee members agreed to wait for language Secretary Julie Moore of ANR said she would provide (the secretary said she would return with proposed text) and to revisit whether the appropriate vehicle for any relief is S.124, the stormwater bill, or targeted statutory language for Rutland. Counsel also warned that if the state removed fairs from the implementation plan, EPA could exercise its residual designation authority and require permits for sources contributing to the impairment.

Committee directions included reviewing ANR's forthcoming language, determining whether a targeted Rutland provision is appropriate for the miscellaneous bill or the standalone stormwater bill, and continuing discussions with counsel to keep options nonpolitical and consistent with EPA expectations.

The discussion did not include any formal motions or votes.