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Agency of Agriculture updates TSP certification and BMP grant rules, committee approves

October 31, 2024 | Legislative Committee on Administrative Rules/LCAR, Joint, Committees, Legislative , Vermont


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Agency of Agriculture updates TSP certification and BMP grant rules, committee approves
Lola DiPietro, Director of the Water Quality Division at the Agency of Agriculture, told the committee that Rule 24 B 27 (Technical Service Provider certification) and Rule 24 B 28 (Best Management Practices grant program) would clarify roles, align state definitions with statute and improve accountability for public funds.

On the TSP rule, DiPietro explained these private consultants prepare nutrient-management plans and permit paperwork for farms and that the rule adds a professional-liability framework layered on top of USDA NRCS certification. "This creates that professional liability program," she said, adding the rule requires continuing education (eight hours of service within five years) and uses publicly available data to focus outreach to employers who appear eligible for program registration.

On the BMP grant program, DiPietro emphasized that the rule updates archaic terminology, aligns priorities with statute and strengthens oversight so that misused grant funds can be repaid. She described typical cost-share arrangements that pair federal NRCS funding with state contributions to reduce farmer shares, and said the agency prioritizes projects that address the worst water-quality problems. Committee members asked about greenhouse-gas measurement, enforcement coordination with the Agency of Natural Resources and grant inspection procedures; staff said the TSP rule addresses nutrient management, not direct climate metrics, and that the agencies coordinate under MOUs when jurisdictional questions arise.

The committee approved both rules. The TSP certification rule (24 B 27) passed on a voice vote; the BMP grant rule (24 B 28) passed after the committee accepted a late edit to align defined terminology in the rule text. DiPietro said typical state grant awards in some cases have been about $73,000 per farm (state contribution) and that the agency conducts site inspections and uses a ranking matrix that prioritizes projects with greater water-quality benefit.

Members reiterated the importance of clear terminology and coordination with ANR on permit and CAFO/NPDES questions; agency staff described frequent coordination, joint field visits and referral procedures when discharge jurisdiction is in question.

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