Notices for Week of: APRIL 26, 2007
PROPOSED STATE RULES
By law, public notice of proposed rules must be given by publication in newspapers of record. The purpose of these notices is to give the public a chance to respond to the proposals. The public notices for administrative rules are now also available online at http://vermont-archives.org/aparules/ovnotices.htm The law requires an agency to hold a public hearing on a proposed rule, if requested to do so in writing by 25 persons or an association having at least 25 members.
To make special arrangements for individuals with disabilities or special needs please call or write the contact person listed below as soon as possible
To obtain further information concerning any scheduled hearing(s), obtain copies of proposed rule(s) or submit comments regarding proposed rule(s), please call or write the contact person listed below. You may also submit comments in writing to the Legislative Committee on Administrative Rules, State House, Montpelier, Vermont 05602 (828-2231).
Prohibited, Restricted and Unrestricted Fish Species
Vermont Proposed Rule: 07P021
AGENCY: Natural Resources, Fish & Wildlife Dept.
CONCISE SUMMARY: This rule establishes lists by which the importation & possession of fish are regulated. 1) Prohibited Fish Species: Species for which importation into or possession within Vermont is prohibited except through a Commissioner's Prohibited Fish Species Permit. This includes species not native to the state that are known to pose a threat to Vermont's fish populations. 2) Restricted Fish Species: Includes native & certain naturalized species which do not require a Prohibited Fish Species Permit but may be regulated through other department permits. 3) Unrestricted Fish Species: Species commonly imported into the state for the aquarium trade that are considered to pose minimal or no risk to Vermont fish populations. No permit is required to import or possess these species. These species cannot be released into waters of the state or water discharging to waters of the state. All fish species not included in these lists are also considered to be Prohibited Fish Species. Transgenic fish are prohibited.
TYPE OF PERSONS AFFECTED: Anglers, Bait Shops, Aquarium & Pet Stores, Aquarists & Hobbyists, Vermont Department of Fish and Wildlife, United States Fish & Wildlife Service, Universities involved in fisheries research, General Public.
COST BENEFIT ANALYSIS: The introduction of invasive fish species has the potential to cause substantial harm to the biological & economical well-being of Vermont's fish communities & the associated sport and recreational fisheries. It has been well-documented that aquatic invasive species can cause major declines and sometimes extirpations of native fish communities. This in turn would result in decreased biological integrity of Vermont's aquatic communities, & a reduced value in the estimated $93-million dollar recreations fishery in Vermont. Angling quality, angler satisfaction, fishing license sales and associated revenue would decline. Decreased angling-related revenue would be expected to impact Vermont businesses such as bait and tackle shops, fishing guides, hotels, resorts, & restaurants (food, lodging & accommodations), marinas, and boating gas sales, etc. Implementing this rule would protect these economic benefits, and have only a negligible negative economic impact to Vermont businesses, primarily aquarium shops.
SCHEDULED HEARINGS: May 14, 2007. 6:00 - 8:00 PM Essex Fish & Wildlife Office, 111 West Street, Essex Junction, VT 05452 & May 15, 2007, 6:00 - 8:00 PM Rutland Fish & Wildlife Office, 271 North Main St., Suite 215, Rutland, VT 05701.
DEADLINE FOR PUBLIC COMMENT: May 22, 2007.
FOR FURTHER INFORMATION, CONTACT: Shawn Good, Fisheries Biologist Vermont Department of Fish and Wildlife 271 North Main Street, Suite 215 Rutland, VT 05701-2423 802-786-0040.
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DMV Rule No. 16 - Registration Plates
Vermont Proposed Rule: 07P022
AGENCY: Transportation, Dept. of Motor Vehicles
CONCISE SUMMARY: This rule sets the standards for the issuance of registration plates, particularly special ("vanity") plates. It also outlines the types of registration plates, their associated requirements / restrictions and the manner of display on vehicles.
TYPE OF PERSONS AFFECTED: The general motoring public, law enforcement and the Vermont Department of Motor Vehicles.
COST BENEFIT ANALYSIS: The amendments to this rule create no financial impact, however, as a whole, there are additional annual fees for special ("vanity") plates as well as for safety/service organization plates should an applicant wish to obtain those plate types. Obtaining these types of plates and paying their associated additional costs are completely optional.
SCHEDULED HEARINGS: Wednesday, June 13, 2007 at 1:00 p.m. at the Agency of Transportation's Policy and Hearing Section, 2nd Floor Conference Room, located in the National Life North Building, 1 National Life Drive, Montpelier, VT.
DEADLINE FOR PUBLIC COMMENT: June 27, 2007
FOR FURTHER INFORMATION, CONTACT: Joanne Bilodeau Vermont Department of Motor Vehicles 120 State Street Montpelier, VT 05603-0001 Phone: 802-828-3093 Fax: 802-828-2826 Joanne.Bilodeau@state.vt.us.
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Emission Smoke Inspection of Diesel-Powered Commercial Vehicles
Vermont Proposed Rule: 07P023
AGENCY: Transportation, Dept. of Motor Vehicles
CONCISE SUMMARY: The rule establishes a standard of exhaust-smoke emission for all diesel-powered commercial motor vehicles operated on the highways of the state. The rule includes a method for testing diesel exhaust emissions, recognizes different types and ages of vehicles, and establishes a process of notification for the sale or transfer of a commercial motor vehicle that has been taken out of service while in violation of the exhaust smoke emission standard.
TYPE OF PERSONS AFFECTED: The Commercial Vehicle Enforcement Unit of the Vermont Department of Motor Vehicles, staff from the Air Pollution Division of the Vermont Department of Environmental Conservation, owners and operators of diesel-powered commercial motor vehicles, to include members of the Vermont Truck and Bus Association, Vermont Forest Products Association, Vermont Loggers Association, Vermont Farm Bureau and Associated Industries of Vermont.
COST BENEFIT ANALYSIS: An owner of a diesel-powered commercial motor vehicle found in non-compliance with smoke-emission standards would have 45 days to correct the mechanical deficiency or face a fine of $200.00 for a first offense, escalating to $800.00 for a third or subsequent offense, for an infraction within a two-year period of the first offense. It is undetermined what the cost of the repair(s) would be, although the proposed rule asks an itemized bill of the repairs be submitted to the Department of Motor Vehicles.
SCHEDULED HEARINGS: Wednesday, Jun3 13, 2007 at 1:00 p.m. at the Agency of Transportation's Policy and Hearing Section 2nd Floor Conference Room, located in the National Life North Building, 1 National Life Drive, Montpelier, VT.
DEADLINE FOR PUBLIC COMMENT: June 27, 2007.
FOR FURTHER INFORMATION, CONTACT: Joanne Bilodeau Vermont Department of Motor Vehicles 120 State Street Montpelier, VT 05603-0001 Phone: 802-828-3093 Fax: 802-828-2826 Joanne.Bilodeau@state.vt.us.
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Wastewater System and Potable Water Supply Rule
Vermont Proposed Rule: 07P024
AGENCY: Vt. Agency of Natural Resources
CONCISE SUMMARY: These proposed rule amendments comprehensively restructure the existing Wastewater System and Potable Water Supply Rule in order to make them easier to read and understand. In addition, this Rule revises many requirements of the existing Rule. Some of the significant changes are: a "clean slate" permit exemption that will grandfather all buildings and structures, campgrounds, lots, potable water supplies and wastewater systems that existed before January 1, 2007; the elimination of the requirement for a replacement wastewater area if a mound wastewater disposal system is built or any kind of wastewater system that is designed to handle 150% of the normal design flows; and a permit exemption for the conversion of a season residence to a year round residence.
TYPE OF PERSONS AFFECTED: These rules affect all buildings or structures whose use or useful occupancy requires a wastewater system or potable water supply; campgrounds; all undeveloped land in the state; and all wastewater systems and potable water supplies. The Rules apply whether there is public or private ownership. These rules also affect the various entities involved in land transactions including land owners, landlords, realtors, attorneys, banks, title insurance companies and surveyors. These Rules affect professionals who are involved in the design and construction of buildings or structures, campgrounds, wastewater systems and potable water supplies including designers, installers, developers, and construction companies. The bottom line is that these Rules affect everyone in the state because they regulate the provision of safe drinking water and the disposal of wastewater. Finally, there are numerous provisions in the Rule that exempt certain situations from regulation under the Rule.
COST BENEFIT ANALYSIS: These Rules add some new technologies for wastewater systems and eliminate the requirement for a replacement wastewater disposal area in some circumstances. This will allow some lots to be developed that would otherwise not be developable. There are fees that are required for permits under these Rules that are in the process of being revised by the legislature with either no change to the fee or a reduction of the fee being proposed. The "clean slate" exemption in these Rules will make a number of properties marketable that are currently not marketable due to clouded title. While this rule does not require it, the market may impose additional costs at the time of sale of property to assure that the property being sold does not have a failed wastewater system or failed potable water supply. Estimates of the average additional transaction costs range from $500 to $800.
SCHEDULED HEARINGS: A series of hearings will be held from 6:00 - 8:00 PM on: May 14, 2007 at the Holiday Inn, Route 7 South, Rutland VT.; May 16, 2007 at the State Office Complex, Stanley Hall, Waterbury, VT. (and will also be broadcast via Vermont Interactive Television to all sites (for a list of sites and information about attending VIT events see http://www.vitlink.org/html/AttendingEvent.htm); May 18, 2007, at the Human Services Office, 67 Eastern Avenue, St. Johnsbury Vt.; May 21, 2007 at the State Office Building, 100 Mineral St. Springfield, VT.; May 22, 2007, at the VFW, Exchange St. Middlebury VT.; and May 24, 2007 at the Swanton Village Municipal Office, 120 First St., Swanton VT.
DEADLINE FOR PUBLIC COMMENT: June 1, 2007.
FOR FURTHER INFORMATION, CONTACT: Roger Thompson, Regional Office Manager Wastewater Management Division Department of Environmental Conservation 103 South Main St. Sewing Building Waterbury, VT 05671-0405 Phone: 802-241-3027 Roger.B.Thompson@state.vt.us The text is available at www.anr.state.vt.us/dec/ww/rules.htm.
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Implementation of the Act 191 Employer-Sponsored-Insurance and Catamount-Health Premium-Assistance Programs
Vermont Proposed Rule: 07P025
AGENCY: Human Services
CONCISE SUMMARY: In its 2005-2006 session, the Vermont Legislature enacted Act 191, "An Act Relating to Health Care Affordability for Vermonters." Among other things, the new law created three new premium-assistance programs, designed to expand Vermonters' access to quality, affordable health care. This bulletin proposes rules establishing the eligibility and program criteria for these new programs.
TYPE OF PERSONS AFFECTED: Economic Services Division, Department for Children and Families (ESD); Office of Vermont Health Access (OVHA); current beneficiaries of the Vermont health access program (VHAP); uninsured Vermonters with incomes at or below 300% of the federal poverty level; insurance carriers offering Catamount Health policies; employers sponsoring health-insurance programs for their employees; health-care providers.
COST BENEFIT ANALYSIS: The rule will provide financial assistance to current VHAP beneficiaries with access to approved employer-sponsored health-insurance plans (ESI) and to uninsured Vermonters with household incomes at or below 300% of the federal poverty level. Beneficiaries will apply the assistance to offset the cost of participating in an ESI plan or purchasing a Catamount Health Insurance policy. ESD and OVHA will both incur costs in the administration of the program. With federal approval, benefits and administrative costs are subject to federal funds participation under the Global Commitment to Health Waiver.
SCHEDULED HEARINGS: May 14, 2007 at 1:00 in the Skylight Conference Room of the Waterbury Office Complex, Waterbury, Vermont
DEADLINE FOR PUBLIC COMMENT: May 21, 2007
FOR FURTHER INFORMATION, CONTACT:
For copies of the rule: www.dsw.state.vt.us/rulechange.htm or contact Afsar Sultana, (802)241-3525; afsar.sultana@ahs.state.vt.us.
For other questions about the rules: Les Birnbaum, Health Care Policy Analyst, (802) 241-2889; les.birnbaum@ahs.state.vt.us; DCF, 103 South Main Street, Waterbury, Vermont 05671-1201 Fax: (802) 241-3934
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Large Farm Operations Rules
Vermont Proposed Rule: 07P026
AGENCY: Agriculture, Food & Markets
CONCISE SUMMARY: Farms with more than 700 mature dairy cows and other farms with types of livestock or domestic fowl that meet Large Farm Operation (LFO) animal number criteria are required to operate under the provisions of a LFO permit. This rule revises standards, procedures and requirements for LFO permits, addressing management and design standards to assure there is no discharge of farm wastes from the production area to state waters, nutrient management plan requirements, and adds siting and setback considerations. The rule prescribes procedures for permit appeals, enforcement procedures, and adds the establishment of an advisory group for permit projects involving construction and expansions.
TYPE OF PERSONS AFFECTED: Farmers, Natural Resource Conservation Districts, USDA Natural Resource Conservation Service, UVM Extension Service, nutrient management consultants, agricultural engineers, farm organizations, environmental organizations, the Agency of Natural Resources, agricultural laboratories, the general public and the Vermont Agency of Agriculture, Food and Markets.
COST BENEFIT ANALYSIS: Large farms are required to have storage capacity for 180 days which include NRCS approved waste structures, field stacking sites, or waste transfers to other managers. For farms that do not have adequate waste storage, the average cost to design and construct a waste structure is approximately $350 per animal. Farms are required to design and construct silage leachate structures at an average cost of $18,500 per farm. Farms are required to develop a nutrient management plan, which on average costs $6 per acre, $9 per soil test, and $30 per manure test. Farmers will have an annual plan maintenance cost of at least $2 per acre. Farms are required to manage cropland to prevent soil erosion, increase buffers to reduce sediment flows, and maintain recordkeeping, which cause farmers additional costs. These costs may range from winter cover cropping at $25/acre, to conservation crop rotation at $33/acre (these are reimbursable up to 80%). Farms may instead opt to farm with fewer cows, as a medium size farm.
SCHEDULED HEARINGS: Tuesday, May 29, 2007, 6:30 p.m. at The Abbey Restaurant in Sheldon, VT; Wednesday May 30 12:30 p.m. at VTC in Randolph (Langevin Building Auditorium); and Thursday May 31, 12:30 p.m. at the VFW in Middlebury.
DEADLINE FOR PUBLIC COMMENT: June 7, 2007.
FOR FURTHER INFORMATION, CONTACT: Phil Benedict, Director, Agency of Agriculture, Food and Markets, 116 State Street, Montpelier, VT 05620-2901 (802) 828-2431.
Return to the 2007 date selection page for more weekly notices or choose from the links in the left sidebar for notices from a different year.
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- If you have general questions about the rulemaking process, please contact
- Louise Corliss by e-mail at or by phone 802-828-2863
