An act relating to miscellaneous agricultural subjects

The municipal stormwater fee provision (Sec. 8 amending 24 V.S.A. 4414(9)) changed from a flat prohibition on charging any impervious surface or stormwater fee on Required Agricultural Practices property to a conditional allowance: municipalities may adopt stormwater bylaws provided they do not exceed the Secretary of Natural Resources' authority, maintain exemptions in 10 V.S.A. 1264(d)(1), and do not charge an operating fee related to exempt practices.

A new report requirement was added: the Commissioner of Environmental Conservation must submit a report by December 1, 2023 (after consultation with the Secretary of Agriculture and municipal stormwater representatives) to legislative committees on whether RAP property should be subject to municipal stormwater regulation, pay fees, receive offsets for state-mandated practices, and pay fees during any suspension period.

A temporary suspension provision was added: between the effective date of the act and July 1, 2024, no municipal stormwater utility or entity may assess a fee, rate, or other assessment on stormwater from or impervious surface on property subject to Required Agricultural Practices.

A statement of purpose was added at the top of the bill describing its multiple amendments: clarifying quarantine authority for biological/chemical exposure, modernizing egg sale requirements, increasing default maximum penalty amounts, and clarifying municipal stormwater authority over farms.

Removed Section 8 requiring the Commissioner of Environmental Conservation to submit a report by December 1, 2023 with five specific recommendations about whether agricultural properties should be subject to municipal stormwater regulation, fees, and offsets.

The permanent exemption in 24 V.S.A. section 4414(9) was rewritten. The Senate version used a proviso format (municipality may adopt bylaws provided it does not exceed the Secretary's authority, maintains certain exemptions, and does not charge an operating fee related to exempt practices). The enacted version uses a direct prohibition: municipalities shall not charge an impervious surface fee or other stormwater fee on property regulated under Required Agricultural Practices for discharges of agricultural waste or agricultural nonpoint source pollution.

Removed Section 9 which suspended all municipal stormwater fees on properties subject to Required Agricultural Practices from the effective date through July 1, 2024.

The prospective application section changed from referencing 'stormwater operating fees' to simply 'stormwater fees,' broadening the scope of what is protected from retroactive refund claims.

The maximum administrative penalty per violation under 6 V.S.A. section 15 was increased from $1,000 to $5,000, giving the Secretary of Agriculture a five-fold increase in per-violation penalty authority.

The cap on total administrative penalties that can be assessed for continuing violations was raised from $25,000 to $50,000, doubling the maximum exposure for repeat or ongoing violators.

A new subsection (9) was added to 24 V.S.A. section 4414 allowing municipalities to adopt bylaws for stormwater management and control consistent with the Secretary of Natural Resources' program, provided they do not exceed state authority, maintain existing exemptions in 10 V.S.A. section 1264(d)(1), and do not charge operating fees related to exempt practices.

The water quality assistance section (6 V.S.A. section 4828(a)) changed the language from 'decrease greenhouse gas emissions' to 'mitigate greenhouse gases,' broadening the scope of eligible equipment and practices beyond just emission reduction to include broader gas mitigation.

A new prospective application provision was added stating that the municipal stormwater fee exemption applies only going forward and does not require a municipality to refund stormwater operating fees assessed before the effective date of the act.

The original Section 8, which amended 24 V.S.A. 4414(9) to allow municipalities to adopt stormwater bylaws while exempting farm properties from operating fees related to exempt practices, was removed entirely.

New Section 8 requires the Commissioner of Environmental Conservation to submit a report to legislative committees by December 1, 2023, after consultation with the Secretary of Agriculture and municipal stormwater representatives. The report must include recommendations on whether farm properties should be subject to municipal stormwater utilities, pay assessments or fees, receive offsets for required agricultural practices, and whether they should pay fees during the suspension period.

New Section 9 creates a one-year moratorium: between July 1, 2023 and July 1, 2024, no municipal stormwater utility or entity may assess any fee, rate, or other assessment on stormwater from or impervious surface on property subject to the Required Agricultural Practices.

The original Section 9 (Implementation/Prospective Application), which stated the stormwater fee exemption would apply prospectively and not require municipalities to refund previously assessed fees, was removed.

In Section 7 (6 V.S.A. 4828(a)), the phrase 'decrease greenhouse gas emissions' was changed to 'mitigate greenhouse gases,' a minor wording adjustment in the purpose statement for agricultural water quality equipment assistance.