Legislative Council flags missing agency reports, EPA deadline in House Agriculture review

Mike O'Grady, Legislative Council, reviewed the schedule of statutory reports due to the House Committee on Agriculture, Food Resiliency, & Forestry and flagged several missing or consolidated submissions while underscoring a near-term federal deadline. "They have consolidated all those reports ... into what is called the Clean Water Initiative report," O'Grady said, noting the report is a comprehensive but lengthy resource.

O'Grady told committee members the Clean Water Initiative report consolidates multiple water-quality statutory reporting requirements and contains summary graphs and financing and restoration data; he said a recent edition runs about 230 pages. He recommended committee members use the report as an overview while seeking more granular statutory data when needed.

The review highlighted items the committee has received, items posted to the committee website and several missing or late reports the committee should follow up on. Among the routinely expected submissions are the Petroleum Cleanup Fund report, updates from the Lake Champlain Citizens Advisory Committee, the Department of Forests and Parks (via DHCD) report on the Forestry and Forest Products Viability Program, and the Clean Water Board's funding recommendations. O'Grady described the Petroleum Cleanup Fund as a state self-insurance mechanism (linked to the federal LUST — leaking underground storage tank — program) that funds cleanup grants and aids farmers and homeowners with storage-tank releases.

O'Grady told the committee that the Agency of Natural Resources (ANR) and the Agency of Agriculture each submit memoranda of understanding (MOUs) reports to the committee outlining how they coordinate on agricultural water-quality enforcement. He said the U.S. Environmental Protection Agency has asked ANR for more detail on corrective actions and that EPA requested any legislative or regulatory changes by March 18. "They want more detail from ANR," O'Grady said, adding the deadline could be "awkward" for policymakers depending on whether ANR's plan requires legislation.

Committee members raised questions about specific mandates and reports. Representative Lipsky asked whether the municipal roads general permit (Act 64, 2015), which includes ditch lining and other stormwater controls, is evaluated in the initiative; O'Grady said past Clean Water Initiative reports have covered municipal roads measures but he had not checked the current edition in full. Members also noted recurring or missing submissions including: the Dairy Promotion Council report (statutorily required), a renewable-energy-from-farms report (which O'Grady could not locate and which he said might address methane digesters or biomass), the Farm-to-School/locally produced food report, and minutes from the Livestock Care Standards Advisory Council.

Other items discussed included a DFR (Department of Financial Regulation) or DFR-related report on milk pricing and the work of the Agricultural Innovation Board (successor to the Pesticide Study Committee), ANR's basin planning and baseline plan revisions under the federal Clean Water Act, the status of the surface-water withdrawal reporting (due Feb. 15), and a $1 million water-quality assistance pilot program tied to logging operations. O'Grady said some interstate compacts, such as the pest-control compact (cited as Title 6, §981 in committee materials), have not been reporting as required.

Committee members agreed to compile a short list of overdue or missing reports for staff follow-up and to invite agencies to present where the reports exist but have not reached the committee. O'Grady suggested that, given the EPA request, ANR and the Agency of Agriculture be asked to brief the committee on proposed corrective actions and any required legislation once ANR has fleshed out its response.

For several items the committee noted timing and availability: some reports are late but expected (for example, the Lake Champlain Citizens Advisory Committee appeared scheduled for a 1 p.m. update), some reports are due later (DHCD and other agencies with Jan. 31 or Feb. 15 statutory dates), and some longstanding reports appear to have ceased because the underlying boards or requirements were repealed or consolidated.

The committee identified follow-up priorities including locating the renewable-energy-from-farms report, obtaining the Dairy Promotion Council submission, checking on the water-quality assistance pilot and timber trespass reports, and requesting ANR and Agency of Agriculture explanation of the March 18 EPA request and any legislative needs. The committee scheduled follow-up staff outreach and agreed to invite agency presenters as needed.