Vermont House passes S.124 after amending CAFO and stormwater provisions

The Vermont House voted to pass Senate Bill 124 in concurrence with amendment after the House adopted committee changes and suspended its rules to consider the bill through all remaining stages.

The bill, as amended, clarifies that compliance with the state'required agricultural practices does not automatically exempt a farm from stormwater permitting; farms also must be in compliance with the federal Clean Water Act. The amendment reported by the House Committee on Environment updates terminology to align Title 6 with the state'level CAFO program language, requires the secretary of the Agency of Natural Resources to design a CAFO program at least as stringent as the federal Clean Water Act, and asks the Agency of Natural Resources to return a proposed inspection schedule for the CAFO permitting program.

Member from Shaftesbury reported the committee on agriculture'food resiliency and forestry's report and noted Section 12'as written provides that compliance with required agricultural practices does not automatically qualify a farm for a stormwater permitting exemption and that Section 13 sets the effective date at July 1, 2025. The committee on environment, represented by the member from Burlington, proposed an amendment to the committee on agriculture's amendment to S.124 to bring Title 6 terminology into conformity with Vermont's CAFO program and to clarify the secretary's authority to establish a CAFO program that must be at least as stringent as the federal Clean Water Act. The environment committee's amendment also inserted a study requirement asking the Agency of Natural Resources to propose an inspection schedule for the CAFO program and added a provision (referred to by one member as the "clamp") specifying that references to the federal Clean Water Act mean the Act "as it is today" so that future federal rollbacks would not automatically lower Vermont's referenced standards.

The House Committee on Agriculture, Food Resiliency and Forestry signaled concurrence with the environment committee's amendment on a straw poll reported by the member from Shaftesbury. The House Committee on Ways and Means, represented by the member from Thetford, reviewed the amendment for fiscal impact and reported a de minimis effect on state revenues, noting the amended bill would shift some future fee revenue from the Agricultural Water Quality Special Fund to the Environmental Permit Special Fund. The committee heard from a senior analyst from the Joint Fiscal Office and the deputy chief counsel of legislative counsel during its review.

On the floor the House conducted multiple voice votes. Members suspended the rules to place S.124 and all remaining stages of passage; the motion to suspend rules was moved by the member from Poultney and was approved by voice vote. The bill was ordered read a third time, and, after the third reading, the House passed the bill in concurrence with the proposal of amendment by voice vote. The House then voted to suspend rules and send its action on S.124 to the Senate forthwith; a member identified as "Member from Polanyi" moved that final motion.

Key provisions and clarifications in the House'amended bill include: - Section 12: Compliance with required agricultural practices alone does not automatically exempt a farm from stormwater permitting; federal Clean Water Act compliance is also required. - Environment committee changes: align Title 6 CAFO terminology with the state CAFO program, require the secretary of the Agency of Natural Resources to ensure the CAFO program is at least as stringent as the federal Clean Water Act, and add a required study with a proposed inspection schedule for the CAFO permitting program. - "Clamp" provision: references to the federal Clean Water Act are anchored to the law as it stands today, to prevent any future federal rollbacks from lowering the standard referenced in the state statute. - Effective date: July 1, 2025.

Committee votes reported in the transcript included a committee-level favorable vote on an amendment described as "7-0-1" (committee on agriculture's amendment) and an environment committee approval reported as "7-4-0" in the transcript. Floor action was taken by voice votes; no roll-call tallies were recorded in the transcript.

The bill will now be messaged to the Senate.