Senate amends agriculture bill to shift CAFO permitting to ANR, sets July 1, 2025 effective date

Senators on the Vermont Senate on April 18 approved an amendment to S.124, a bill that updates state law on agricultural water-quality regulation so the Agency of Natural Resources (ANR) will administer discharge permitting for concentrated animal feeding operations (CAFOs). The amendment passed by roll call, 29-0, and the bill was ordered to third reading.

The amendment responds to an EPA finding that Vermont had not adequately regulated farm pollution under the federal Clean Water Act and directs ANR, in coordination with the Agency of Agriculture, Food and Markets, to administer the Vermont Pollutant Discharge Elimination System (VPDES) for CAFO discharges. Senator Calmore, for the senator from Rutland, told the Senate the bill was drafted to meet the EPA directive while minimizing new burdens on farmers.

"The bill before us, which is S.124, was drafted by legislative council to respond to that directive," Senator Calmore said. "The senate agriculture committee began work on the bill with the intent of developing something that had the lightest touch, but still with the, meeting the, guidelines that were set forth by the EPA."

Why this matters: The EPA in 2022 found Vermont was not adequately regulating pollution from farms and directed the state to develop a regulatory system led by ANR. S.124 codifies ANR’s authority to regulate CAFO discharges, clarifies when farms must obtain CAFO permits, and tightens the relationship between state required agricultural practices (RAPs) and federal discharge permitting.

Key provisions and changes

- ANR authority: The amendment adds a CAFO subchapter to ANR’s water-quality authority, grants the secretary power to implement federal Clean Water Act requirements and administer VPDES permits for discharges from medium and large farms, and adds definitions (including a definition of "waters of the state").

- Certification and documentation: Medium and large operations must maintain nutrient-management plans and documentation on-site or at a nearby office and make them available to the ANR secretary on request. The bill clarifies that compliance with RAPs alone is not sufficient to exempt a farm from requiring a discharge permit.

- Stakeholder engagement and pre-rulemaking: ANR and the Agency of Agriculture must engage key stakeholders in a pre-rulemaking process to gather input on proposed CAFO rules; the natural-resources committee amendment expanded stakeholder participation to include water-quality experts and advocates.

- Manure land-application exemption: The bill allows the Agency of Agriculture to authorize emergency exemptions to the December 15–April 1 land-application ban in limited circumstances.

- Effective date: The bill sets an effective date of July 1, 2025.

Committee and floor action

Senate committees reported unanimous support: the Senate Agriculture Committee reported the bill 5-0 (witnesses included the Lake Champlain Committee and agency staff), the Senate Natural Resources and Energy Committee proposed a mostly technical strike-all amendment and reported 5-0, and the Senate Finance Committee reviewed permit-fee shifts and recommended passage on a 7-0 vote. On the floor the roll call on the natural-resources committee amendment recorded 29 ayes and 0 nays.

Senator Hardy, the senator from Addison and chair of the natural-resources report, said the committee updated the "definition of water" to "waters of the state" so the statute would be consistent with existing state clean-water regulations used by farmers. "We changed it to waters of the state, which is a broader definition," Hardy said, adding the change aims for clarity for farmers.

Senate debate included multiple senators praising cross-committee cooperation. One senator noted the bill had to be slowed to secure agreement between agricultural and natural-resources interests and that leadership had worked across chambers to keep the bill on a normal legislative track.

What the bill does not do

The bill does not eliminate the Agency of Agriculture’s role in implementing state nonpoint-source agricultural programs; it clarifies and reallocates authority for CAFO discharge permitting to ANR, as required to align with EPA direction. The text preserves the agencies’ coordination responsibilities and requires ANR to consult with the Agency of Agriculture in developing implementation documents.

Next steps

With the amendment adopted and the Senate having ordered third reading, S.124 will proceed toward final passage steps in the Senate. The bill text indicates an effective date of 07/01/2025.

Ending details: Committee votes reported on the record were unanimous (agriculture 5-0; natural resources 5-0; finance 7-0). The floor roll-call vote amending the bill was 29-0.