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Vermont Senate advances Flood Safety Act after extended debate; appropriations strip most funding

March 20, 2024 | SENATE, Committees, Legislative , Vermont


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Vermont Senate advances Flood Safety Act after extended debate; appropriations strip most funding
The Vermont Senate on the floor advanced S213, the Flood Safety Act, after an extended, hours-long series of presentations and debate that ranged from mapping river corridors to transferring jurisdiction over a subset of dams.

Senator from Addison, presenting the bill, said the legislation responds to the July floods and ongoing flood risk and described tasks that include statewide mapping, a public outreach period, a schedule for rulemaking, and reporting back to the Legislature on progress. "The total cost of July 12th was approximately $1,000,000,000," the senator said, framing the bill as a state-level response to a disaster that crossed municipal boundaries.

Why it matters: S213 would create mandated statewide river-corridor mapping, require the Agency of Natural Resources (ANR) to adopt flood-hazard standards that meet or exceed FEMA’s National Flood Insurance Program (NFIP) requirements, and direct the Department of Environmental Conservation (DEC) to produce outreach and planning documents before rulemaking. The bill also includes wetlands protections (a statutory "net-gain" approach requiring a 2:1 restoration ratio for significant impacts) and a multi-part dam-safety package that would transfer oversight of certain pre-1920 hydroelectric dams from the Public Utility Commission (PUC) to DEC while leaving hydroelectric-specific equipment under PUC jurisdiction.

Floor debate focused on three fault lines: timeline realism, cost and staffing, and how to balance wetland protection with housing and recovery needs. Senator from Caledonia, who previously worked inside the AHS structure, urged deliberation and emphasized the scale of managing a large agency; Senator from Windsor described wetlands as "nature’s sponge" and urged protections to preserve flood resilience.

Appropriations changes: The Senate Appropriations Committee reported a set of proposal amendments that removed nearly all the bill’s funding as it reached the floor. The committee’s report enumerated struck appropriations and position requests and reported removing roughly $4,900,000 in one-time and initial funds and multiple proposed full-time positions; the clerk’s summary listed the total amount removed as $4,900,000. The Appropriations Chair summarized that the committee "recognizes the importance of the work" but removed funding pending balance in the larger budget process.

Senators pressed witnesses and agency leads about feasibility. The reporter of the bill told colleagues that the fiscal note originally estimated approximately $4,950,000 for year‑one expenses and that portions of the bill contain continuing costs for staffing and a dam-safety revolving loan fund; agency staff had described the timeline as "aggressive" but not impossible. Multiple senators said they supported the bill’s goals but worried about unfunded mandates that would require agency capacity increases.

Dam safety and loan fund: The bill’s dam-safety component would rename and broaden an existing revolving loan fund so it can fund both emergency repairs and preventive projects, and it contemplates transfer of 21 pre-1920 hydroelectric dams from PUC oversight to DEC (except for hydroelectric-specific equipment). The sponsor said DEC has dam engineers on staff and would adopt more rigorous safety standards and make inspection reports public. The bill also directs DEC to begin rulemaking and requires reporting deadlines leading to a transition date by July 1, 2028.

What passed on the floor: The Senate amended the bill as proposed by the Committee on Natural Resources and Energy and then adopted the committee amendment as further amended by Appropriations; the chamber ordered S213 for 3rd reading. The floor record includes division and roll-call activity during the process; the committees’ votes and the clerk’s readouts are recorded in the legislative journal.

Next steps: S213 moves to 3rd reading in the Senate under the ordered schedule, and the funding stripped by the Appropriations Committee is now a negotiation point that would be resolved in the budget process or in conference with the House. The bill establishes multiple reporting checkpoints to the Legislature (including reports during 2025–2028) to track mapping, outreach, and rulemaking progress.

Attributions: Quotes and attributions in this report come from senators who spoke on the record during the Senate floor session: the senator presenting the bill (Senator from Addison), the senator presenting wetlands sections (Senator from Windsor), the Appropriations committee chair (Senator from Chittenden Southeast), and multiple questioners including Senator from Franklin and Senator from Essex. The Committee on Natural Resources and Energy and the Committee on Appropriations were both referenced in committee reports and on the Senate floor.

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