The Vermont Statutes Online

Title 3 Appendix : Executive Orders

Chapter 020 : Internal Security and Public Safety

• Executive Order No. 20-64 (Amended and Restated No. 03-23) [Declaration of State of Emergency, Guard Call-Out and Activation of Emergency Operations Plan for the State of Vermont in Response to Anticipated Storm-Related Damage]

  WHEREAS, on Sunday, July 9, 2023, the Governor issued Executive Order 03-23, Declaration of State of Emergency, Guard Call-Out and Activation of Emergency Operations Plan for the State of Vermont in Response to Anticipated Storm-Related Damage (“Emergency Declaration”), declaring a state of emergency for the State of Vermont in response to the July 2023 severe storm (“Flood of 2023”); and

  WHEREAS, on July 10, 2023, the President declared that an emergency exists in the State of Vermont; and

  WHEREAS, once it became clear flood damage and mudslides from a storm in the Killington area July 7, 2023, and excessive rain, flooding, water runoff, erosion and resulting damages statewide during the period July 9-11, 2023, were not going to be isolated incidents, but rather part of series of events which would continue throughout the coming week, with widespread flooding, repeated flash flooding, water runoff, erosion and mudslides due to inundated soils and slope instability, statewide, the Governor, in consultation with FEMA, requested a Presidential Declaration of a Major Disaster for the period July 7, 2023, and continuing; and

  WHEREAS, on July 14, 2023, the President issued a Major Disaster Declaration based on flooding beginning on July 7, 2023, and continuing through July 21, 2023; and

  WHEREAS, the scope and severity of the Flood of 2023 exceeded that of Hurricane Irene in 2011; and

  WHEREAS, one year later, Vermont again faces the imminent likelihood of excessive rain combined with water runoff, flooding, erosion and resulting damages from July 10, 2024 - July 12, 2024 with the potential for widespread damage and posing a threat to property and public safety in Vermont; and

  WHEREAS, I have determined it is necessary for the State of Vermont, through its various agencies and the Vermont National Guard to take steps to prepare for the anticipated July 2024 storm as well as continue the ongoing recovery work from the Flood of 2023.

  NOW THEREFORE, pursuant to the authority vested in me as Governor of the State of Vermont and Commander-in-Chief, Vermont National Guard by the Constitution of the State of Vermont, Chapter II, Section 20, and pursuant to the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws and the Emergency Management Assistance Compact, 20 V.S.A. Ch. 4, I hereby declare a State of Emergency for the State of Vermont

  IT IS HEREBY ORDERED:

  1. The Director of the Division of Emergency Management (VEM) shall activate the Vermont State Emergency Operations Plan and coordinate statewide hazard mitigation, support response and recovery efforts to preserve public safety and property in Vermont.

  2. In preparing for and responding to this State of Emergency, all agencies of the State shall use and employ State personnel, equipment and facilities or perform any and all activities consistent with the direction of the Department of Public Safety (DPS)/VEM in accordance with the State Emergency Management Plan

  3. I hereby authorize and direct the Adjutant General to call into Active State Service, for the purpose of assisting and supporting the State of Vermont, in its efforts to respond to the conditions created or caused by this impending storm to conduct hazard mitigation, support response and recovery efforts to alleviate hardship and suffering of citizens and communities and preserve public safety and property of the State, any and all units of the National Guard of the State of Vermont as he, in consultation with DPS/VEM, may deem appropriate to carry out the purposes of this Order.

  4. Relevant rules and permitting requirements shall be suspended to the extent necessary to respond to the conditions created or caused by this impending storm to conduct hazard mitigation, support response and recovery efforts to alleviate hardship and suffering of citizens and communities and preserve public safety and property of the State.

  5. Pursuant to the powers granted to the Governor in 20 V.S.A. §§ 8, 9 and 11 and other provisions of law, I shall from time-to-time issue recommendations, directives and orders as circumstances may require.

  This Executive Order shall take effect upon signing and shall continue in full force and effect until the Governor, in consultation with DPS/VEM, shall assess the emergency and determine whether to amend or rescind this Order.

  Dated July 10, 2024.

  ADDENDUM 1 TO AMENDED AND RESTATED EXECUTIVE ORDER NO. 03-23

  [Declaration of State Emergency, Guard Call-Out and Activation of Emergency Operations Plan for the State of Vermont in Response to Anticipated Storm-Related Damage]

  WHEREAS, one year after I issued Executive Order 03-23, Declaration of State of Emergency, Guard Call-Out and Activation of Emergency Operations Plan for the State of Vermont in Response to Anticipated Storm-Related Damage (“Emergency Declaration”), declaring a state of emergency for the State of Vermont in response to the July 2023 severe storm (“July 2023 Severe Storm”), Vermont again experienced excessive rain combined with water runoff, flooding, erosion and resulting damages July 10, 2024 into July 11, 2024 (“July 2024 Severe Storm”), which caused two known fatalities and widespread damage, and threatened property and public safety in Vermont; and

  WHEREAS, I have determined it is necessary for the State of Vermont, through its various agencies and the Vermont National Guard to immediately address the aftermath of the July 2024 Severe Storm as well as continue the ongoing recovery work from the July 2023 Severe Storm).

  NOW THEREFORE, pursuant to the authority vested in me as Governor of the State of Vermont and Commander-in-Chief, Vermont National Guard by the Constitution of the State of Vermont, Chapter II, Section 20, and pursuant to the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws and the Emergency Management Assistance Compact, 20 V.S.A. Ch. 4, I hereby declare a State of Emergency for the State of Vermont.

  IT IS HEREBY ORDERED:

  1. The Director of the Division of Emergency Management (VEM) shall activate the Vermont State Emergency Operations Plan and coordinate statewide hazard mitigation, support response and recovery efforts to preserve public safety and property in Vermont.

  2. All agencies of the State shall use and employ State personnel, equipment and facilities or perform any and all activities consistent with the direction of the Department of Public Safety (DPS)/VEM in accordance with the State Emergency Management Plan and this Emergency Declaration, as amended and restated.

  3. I hereby authorize and direct the Adjutant General to call into Active State Service, for the purpose of assisting and supporting the State of Vermont, in its efforts to respond to the conditions created or caused by the July 2023 and 2024 Severe Storms to conduct hazard mitigation, support response and recovery efforts to alleviate hardship and suffering of citizens and communities and preserve public safety and property of the State, any and all units of the National Guard of the State of Vermont as he, in consultation with DPS/VEM, may deem appropriate to carry out the purposes of this Emergency Declaration, as amended and restated.

  4. Relevant rules and permitting requirements shall be suspended or modified as set forth in this Emergency Declaration, as amended and restated, to the extent necessary to respond to the conditions created or caused by the 2023 and 2024 Severe Storms to conduct hazard mitigation, support response and recovery efforts and address critical housing needs to alleviate hardship and suffering of citizens and communities and preserve public safety and property of the State.

  PROFESSIONAL REGULATION

  5. The Secretary of State is hereby directed to waive such rules and requirements as may be necessary to issue a temporary license to professionals who hold a valid license, certificate, or registration in any other U.S. jurisdiction needed to provide professional services to protect the public peace, health and safety and to preserve the lives and property of the people of the State in Vermont for the period of this Emergency Declaration, as amended and restated. These professionals must be licensed, certified, or registered in good standing in another U.S. jurisdiction or jurisdictions and not subject to any professional disciplinary proceedings in any other U.S. jurisdiction. This shall include professions requiring a Vermont firearms certification.

  Profession types shall include, pharmacists, architects, engineers, foresters, land surveyors, pollution abatement facility operators, property inspectors, residential contractors, wastewater/water system designers, well drillers, security agencies, security guards and security employees, the firearm certification for security professionals and such other profession types regulated by the Office of Professional Regulation as the Director, in consultation with the Office of the Governor, may determine necessary to provide professional services in connection with this emergency until the termination of this Emergency Declaration, as amended and restated. The Office of Professional Regulation is hereby directed to issue instructions and guidance in furtherance of this Emergency Declaration, as amended and restated.

  6. To relieve the immediate licensing renewal burden on essential professionals, I am hereby issuing an emergency rule in accordance with 20 V.S.A. § 8(b)(1) to extend the July 31, 2024 professional license renewal deadline, including the payment of licensing fees, late penalties, and continuing education requirements, for six (6) months for engineers, land surveyors and foresters licensed in Vermont as of July 1, 2024; provided, however, upon renewal, the licensing period for the engineers shall be August 1, 2024 through July 31, 2026 and the licensing period for land surveyors and foresters will be October 1, 2024 through September 30, 2026.

  7. The Vermont Department of Public Safety, Division of Fire Safety is hereby directed to waive such rules and requirements as necessary to issue a temporary license, certification or registration to profession types equivalent to the Vermont Oil Heat Technicians, Vermont Propane Technicians, Vermont S-License Plumbers and Vermont S-License Electricians and such other profession types regulated by the Division of Fire Safety as the Director may determine necessary to provide professional services in connection with this emergency until the termination of this Emergency Declaration, as amended and restated. These professionals shall hold a valid license, certification or registration in good standing in another U.S. jurisdiction or jurisdictions and shall not be subject to any professional disciplinary proceedings in any other U.S. jurisdiction.

  The Director of the Division of Fire Safety shall provide guidance on how licensed, certified, or registered professionals from other U.S. jurisdiction(s) can obtain the temporary emergency license, certification or registration.

  8. The Electrical Licensing Board shall allow a licensed Journeyman Electrician working under the supervision of a Vermont licensed Master Electrician to work on a site without direct supervision throughout the period of this Emergency Declaration, as amended and restated. The Director of Fire Safety is hereby directed to issue instructions and guidance in furtherance of this Emergency Declaration, as amended and restated.

  This Executive Order shall take effect upon signing and shall continue in full force and effect until the Governor, in consultation with DPS/VEM, shall assess the emergency and determine whether to amend or rescind this Order.

  ENVIRONMENTAL REGULATORY RELIEF

  9. In accordance with 20 V.S.A. §§ 8, 9 and 11, I hereby waive Act 250 Land Use Permit conditions on gravel pit and rock quarry extraction, asphalt plants and concrete plants, including operating hours, noise and blasting, crushing, limits on area, rate, depth, or volume of extraction, and related trucking to assure availability of material for the use of the State or towns, or contractors on behalf of the State or towns, for purposes of this Emergency Declaration, as amended and restated. The Natural Resources Board and its successor the Land Use Review Board (the “Board”) through the Chair, District Commissions and District Coordinators shall allow gravel pits and rock quarries, permitted and unpermitted, to be accessed consistent with this Emergency Declaration to assure availability of material for the use of the State or towns, or contractors on behalf of the State or towns, on demand as set forth in this Emergency Declaration.

  a) Where there is gravel or rock fill needed for the July 2024 Severe Storm remediation or recovery that cannot reasonably be met from permitted sources, as determined in the sole discretion the Agency of Transportation, the Agency of Transportation shall implement this waiver without further action from the Board, District Coordinators or District Commissions.

  b) The Board shall issue instructions and guidance for State and town contractors for the purpose of documenting the use of materials from gravel pits, quarries, asphalt plants, and concrete plants in accordance with this Emergency Declaration, as amended and restated.

  c) This Emergency Declaration, as amended and restated, shall not be construed to waive any other applicable laws or other applicable existing Land Use Permit conditions relating to gravel pits and quarries, permitted and unpermitted and asphalt plant and concrete plant operations.

  d) Upon the expiration of this Emergency Declaration, but not later than November 15, 2024, all gravel pits, rock quarries, asphalt plant and concrete plant operations must come into compliance with all applicable Act 250 permitting requirements, including permitted hours, extraction limits or other conditions. All operations, permitted and unpermitted, shall return to pre-emergency operations and conditions, including removal of any temporary infrastructure and reclamation of all operation areas utilized in accordance with this Emergency Declaration, as amended and restated, to standards prescribed by the Board, which may extend full reclamation based on seasonal considerations or for other good cause shown.

  10. In order to meet the needs of the State, municipalities and property owners as they implement measures to protect health and safety and preserve lives and property of the people of the State, the Secretary of the Agency of Natural Resources (ANR) is hereby directed, effective July 10, 2024 through September 1, 2024 to:

  a) Waive the production and fuel use limits for hot mix asphalt plants currently operating under an Air Pollution Control Permit to Operate and being used for emergency road repair. The Secretary of ANR will provide guidance on the implementation of this waiver and, in consultation with the Secretary of the Agency of Transportation (VTrans), the waiver of such other current limits as may be needed to facilitate the production of hot mix asphalt to be used for emergency road repair.

  b) ANR shall waive the certification limits of the Coventry Landfill and transfer station operating hours to allow longer hours and weekend days. ANR shall also waive the daily tonnage limits to allow transfer stations to increase throughput without being limited by daily capacity limits.

  c) ANR shall authorize transfer stations to 1) store flood debris and construction and demolition (C& D) waste outside of the tipping building (or the designated storage areas) without the need for a certification amendment or approval from the State; and 2) manage household hazardous wastes, whitegoods (with refrigerants) electronics, mercury containing bulbs, batteries, propane tanks and tires so long as these dangerous and hazardous wastes can be managed and stored safely.

  11. In order to meet the needs of municipalities and property owners as they implement measures to protect health and safety and preserve and restore access to property, the Secretary of the Agency of Natural Resources (ANR) is hereby directed, effective July 10, 2024 through December 31, 2024 to:

  a) Modify ANR’s Stream Alteration Rules, §27-506 (Authorizations Under the General Permit) and §27-601 (Purpose; Application; Public Notice) by suspending the requirement that ANR provide notice of draft permit decisions and a public comment period for individual and general permit authorizations issued for the repair or replacement of infrastructure damaged by the flood, the timely repair or replacement of which is necessary to mitigate ongoing risk to public health and safety.

  b) For those projects that are not eligible for authorization as emergency protective measures under §27-701 (Purpose and Applicability of Emergency Protective Measures) of the Stream Alteration Rules but are still necessary to repair or replace infrastructure damaged by the flood, the timely repair or replacement of which is necessary to mitigate ongoing risk to public health and safety, ANR shall not require public notice of draft permitting decisions, or a public comment period on draft decisions.

  c) ANR shall post the final permit decisions to the Environmental Notice Bulletin.

  12. In order to meet the needs of municipalities and property owners as they implement measures to protect health and safety, the Secretary of the Agency of Natural Resources (ANR) is hereby directed, effective July 10, 2024 through July 14, 2025 to:

  a) Modify the notice requirements for dam safety orders required under 10 V.S.A. § 1085(1),10 V.S.A. § 7712, and 10 V.S.A. § 7714 by requiring a 10-day notice period instead of a 30-day notice period.

  b) )ANR shall post the final permit decisions to the Environmental Notice Bulletin.

  13. ANR shall allow all uses and activities in a Class I or Class II wetland and its buffer without a permit when required for:

  a) emergency repair, cleanup, or maintenance of structures and facilities (including utility poles and lines, public transportation facilities, bulkheads, docks, piers, pilings, paved areas, houses, or other buildings), or emergency actions required to provide for public health, safety and welfare for disaster relief in connection with this Emergency Declaration, as amended and restated, and any associated federal Major Disaster Declaration;

  b) the operation of existing hydroelectric facilities in accordance with all applicable requirements established by federal and state agencies which may involve dredging, draining and/or altering the flow of water into or out of a wetland; and

  c) cleanup activities for spills of oil or hazardous materials, when performed in connection with damages occurring in connection with the July 2024 Severe Storm.

  MOTOR VEHICLE REGULATION

  14. Pursuant to 49 CFR § 390.23, motor carriers providing direct assistance to the emergency in Vermont are granted extended emergency relief from 49 CFR § 395.3 (maximum driving time for property-carrying vehicles) as set forth in this Emergency Declaration and guidance issued by the Commissioner of the Department of Motor Vehicles (DMV).

  a) Direct assistance means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential services (such as water pump-outs, electricity, medical care, sewer, water, telecommunications, and telecommunication transmissions) or essential supplies (such as, food, fuel and gravel). It does not include transportation related to long-term rehabilitation of damaged physical infrastructure or routine commercial deliveries after the initial threat to life and property has passed.

  b) This relief for motor carriers is effective as of July 10, 2024 and will expire on August 9, 2024 at midnight.

  c) Upon termination of direct assistance to this emergency relief effort, no motor carrier shall permit or require any driver used by it to drive nor shall any such driver drive in commerce until the driver has met the requirements of Title 49 CFR 395.3(a), (b) and (c

  The Commissioner of DMV is hereby directed to issue instructions and guidance in furtherance of applicable federal law and rule and this Emergency Declaration.

  DEBRIS REMOVAL

  15. Pursuant to my authority in 20 V.S.A. § 36, and notwithstanding any other provision of state law, I hereby direct the Agency of Transportation (VTrans), in coordination with the Department of Public Safety (DPS), the Chief Recovery Officer and ANR, to clear or remove debris and wreckage that may threaten public health or safety, or public or private property at the discretion of VTrans, as directed by the Secretary of VTrans. This directive shall be exercised when the affected local government, corporation, organization, or individual has unconditionally authorized the removal of debris and wreckage.

  In the case of removal of debris or wreckage from private property, the owner shall first agree to indemnify the State government against any claim arising from the removal and VTrans may move the debris and wreckage to the public Right of Way to sort and remove it following the requirements municipalities must meet to be eligible for reimbursement from FEMA. VTrans shall carry out this directive until such time as it is determined by the Governor that removal of debris and wreckage from the July 2023 and 2024 Severe Storms is equitable from community to community and household to household; and removal of debris and wreckage is substantially complete.

  16. Pursuant to the powers granted to the Governor in 20 V.S.A. §§ 8, 9 and 11 and other provisions of law, I shall from time-to-time issue recommendations, directives and orders as circumstances may require.

  This First Addendum to the Amended and Restated Executive Order 03-23 shall take effect upon signing and shall continue in full force and effect until the Governor, in consultation with DPS/VEM, shall assess the emergency and determine whether to amend or rescind this Order.

  Dated: July 13, 2024.

  ADDENDUM 2 TO THE AMENDED AND RESTATED EXECUTIVE ORDER NO. 03-23

  [Declaration of State of Emergency, Guard Call-Out and Continued Activation of Emergency Operations Plan for the State of Vermont in Response to Anticipated Storm-Related Damage]

  WHEREAS, on Sunday, July 9, 2023, the Governor issued Executive Order 03-23, Declaration of State of Emergency, Guard Call-Out and Activation of Emergency Operations Plan for the State of Vermont in Response to Anticipated Storm-Related Damage (“Emergency Declaration”), declaring a state of emergency for the State of Vermont in response to the July 2023 severe storm (“Flood of 2023”); and

  WHEREAS, on July 10, 2023, the President declared that an emergency exists in the State of Vermont; and

  WHEREAS, once it became clear flood damage and mudslides from a storm in the Killington area July 7, 2023, and excessive rain, flooding, water runoff, erosion and resulting damages statewide during the period July 9-11, 2023, were not going to be isolated incidents, but rather part of series of events which would continue throughout the coming week, with widespread flooding, repeated flash flooding, water runoff, erosion and mudslides due to inundated soils and slope instability, statewide, the Governor, in consultation with FEMA, requested a Presidential Declaration of a Major Disaster for the period July 7, 2023, and continuing; and

  WHEREAS, on July 14, 2023, the President issued a Major Disaster Declaration based on flooding beginning on July 7, 2023, and continuing through July 21, 2023; and

  WHEREAS, the scope and severity of the Flood of 2023 exceeded that of Hurricane Irene in 2011; and

  WHEREAS, exactly one year later, the remnants of Hurricane Beryl caused excessive rain combined with water runoff, flooding, erosion and widespread damages to property and public infrastructure in Vermont from July 10, 2024 to July 12, 2024, for which Vermont recently requested a Presidential Major Disaster Declaration; and

  WHEREAS, July 30, 2024 Washington and Caledonia Counties experienced devastating flooding caused by excessive rainfall, with erosion, landslides and widespread damages to property and public infrastructure, for which Vermont is currently assessing damages with the intent of requesting another Presidential Major Disaster Declaration; and

  WHEREAS, the remnants of Hurricane Debby now threaten Vermont with the imminent likelihood of excessive rain combined with water runoff, flooding, erosion, landslides and resulting damages beginning August 9, 2024 and ongoing, with the likelihood of new and exacerbated widespread damage, and posing new threats to property and public safety in Vermont; and

  WHEREAS, I have determined it is necessary for the State of Vermont, through its various agencies and the Vermont National Guard, to continue to manage the ongoing recovery work from the Flood of 2023, continue to manage the existing 2024 flooding emergencies, as well as take steps to prepare for the anticipated August 2024 storm; and

  WHEREAS, the ongoing nature of the July 2024 flooding has resulted in widespread debris and wreckage in waterways and on public and private property, which is beyond the capacity of many residents and communities to manage in a timely manner; and

  WHEREAS, remaining debris and wreckage is widespread and threatens public health and safety, and the economic recovery of many rural communities and residents throughout Vermont; and

  WHEREAS, the State must take action to not only remove, but ensure debris, including stumps, can be temporarily and permanently staged and disposed of.

  NOW THEREFORE, pursuant to the authority vested in me as Governor of the State of Vermont and Commander-in-Chief, Vermont National Guard by the Constitution of the State of Vermont, Chapter II, Section 20, and pursuant to the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws and the Emergency Management Assistance Compact, 20 V.S.A. Ch. 4, I hereby declare a State of Emergency for the State of Vermont

  IT IS HEREBY ORDERED:

  1. The Director of the Division of Emergency Management (VEM) shall maintain the activation of the Vermont State Emergency Operations Plan and continue to coordinate statewide hazard mitigation, and support response and recovery efforts to preserve public safety and property in Vermont.

  2. In preparing for and responding to this State of Emergency, all agencies of the State shall use and employ State personnel, equipment and facilities or perform any and all activities consistent with the direction of the Department of Public Safety (DPS)/VEM in accordance with the State Emergency Management Plan.

  3. I hereby re-authorize and direct the Adjutant General to call into Active State Service, for the purpose of assisting and supporting the State of Vermont, in its efforts to respond to the conditions created or caused by this impending storm to conduct hazard mitigation, support response and recovery efforts to alleviate hardship and suffering of citizens and communities and preserve public safety and property of the State, any and all units of the National Guard of the State of Vermont as he, in consultation with DPS/VEM, may deem appropriate to carry out the purposes of this Order.

  4. Relevant rules and permitting requirements shall be suspended to the extent necessary to respond to the conditions created or caused by this impending storm to conduct hazard mitigation, support response and recovery efforts to alleviate hardship and suffering of citizens and communities and preserve public safety and property of the State, including, but not limited to, those rules and permitting requirements specified in Addendum 1 to this Amended and Restated Executive Order No. 3-23, and as set forth herein

  ENVIRONMENTAL REGULATORY RELIEF

  5. In accordance with 20 V.S.A. §§ 8, 9 and 11, I hereby waive Act 250 Land Use Permit conditions on gravel pit and rock quarry extraction, asphalt plants and concrete plants, including operating hours, noise and blasting, crushing, limits on area, rate, depth, or volume of extraction, and related trucking to assure availability of material for the use of the State or towns, or contractors on behalf of the State or towns, for purposes of this Emergency Declaration, as amended and restated. The Natural Resources Board and its successor the Land Use Review Board (the “Board”) through the chair, district commissions and district coordinators shall allow gravel pits and rock quarries, permitted and unpermitted, to be accessed consistent with this Emergency Declaration to assure availability of material for the use of the State or towns, or contractors on behalf of the State or towns, on demand as set forth in this Emergency Declaration.

  a) Where there is gravel or rock fill needed for 2024 Severe Storm remediation or recovery that cannot reasonably be met from permitted sources, as determined in the sole discretion of the Agency of Transportation, the Agency of Transportation shall implement this waiver without further action from the Board, district coordinators or district commissions.

  b) The Board shall issue instructions and guidance for State and town contractors for the purpose of documenting the use of materials from gravel pits, quarries, asphalt plants, and concrete plants in accordance with this Emergency Declaration, as amended and restated.

  c) This Emergency Declaration, as amended and restated, shall not be construed to waive any other applicable laws or other applicable existing Land Use Permit conditions relating to gravel pits and quarries, permitted and unpermitted and asphalt plant and concrete plant operations.

  d) Upon the expiration of this Emergency Declaration, but not later than December 15, 2024, all gravel pits, rock quarries, asphalt plant and concrete plant operations must come into compliance with all applicable Act 250 permitting requirements, including permitted hours, extraction limits or other conditions. All operations, permitted and unpermitted, shall return to pre-emergency operations and conditions, including removal of any temporary infrastructure and reclamation of all operation areas utilized in accordance with this Emergency Declaration, as amended and restated, to standards prescribed by the Board, which may extend full reclamation based on seasonal considerations or for other good cause shown.

  6. In order to meet the needs of the State, municipalities and property owners as they implement measures to protect health and safety and preserve lives and property of the people of the State, the secretary of the Agency of Natural Resources (ANR) is hereby directed, effective July 10, 2024 through October 1, 2024 to:

  a) Waive the production and fuel use limits for hot mix asphalt plants currently operating under an Air Pollution Control Permit to Operate and being used for emergency road repair. The secretary of ANR will provide guidance on the implementation of this waiver and, in consultation with the secretary of the Agency of Transportation (AOT), the waiver of such other current limits as may be needed to facilitate the production of hot mix asphalt to be used for emergency road repair.

  b) ANR shall waive the certification limits of the Coventry Landfill and transfer station operating hours to allow longer hours and weekend days. ANR shall also waive the daily tonnage limits to allow transfer stations to increase throughput without being limited by daily capacity limits.

  c) ANR shall authorize transfer stations to 1) store flood debris and construction and demolition (C & D) waste outside of the tipping building (or the designated storage areas) without the need for a certification amendment or approval from the State; and 2) manage household hazardous wastes, whitegoods (with refrigerants) electronics, mercury containing bulbs, batteries, propane tanks and tires so long as these dangerous and hazardous wastes can be managed and stored safely.

  d) ANR shall authorize the storage of flood debris, including stumps, in exhausted gravel pits and rock quarries and other areas designated by AoT and VEM in consultation with ANR, without the need for additional permitting or permit amendments.

  7. In order to meet the needs of municipalities and property owners as they implement measures to protect health and safety and preserve and restore access to property, the secretary of ANR is hereby directed, effective July 10, 2024 through December 31, 2024 to:

  a) Modify ANR’s Stream Alteration Rules, § 27-506 (Authorizations Under the General Permit) and § 27-601 (Purpose; Application; Public Notice) by suspending the requirement that ANR provide notice of draft permit decisions and a public comment period for individual and general permit authorizations issued for the repair or replacement of infrastructure damaged by the flood, the timely repair or replacement of which is necessary to mitigate ongoing risk to public health and safety.

  b) For those projects that are not eligible for authorization as emergency protective measures under § 27-701 (Purpose and Applicability of Emergency Protective Measures) of the Stream Alteration Rules but are still necessary to repair or replace infrastructure damaged by the flood, the timely repair or replacement of which is necessary to mitigate ongoing risk to public health and safety, ANR shall not require public notice of draft permitting decisions, or a public comment period on draft decisions.

  c) ANR shall post the final permit decisions to the Environmental Notice Bulletin.

  8. In order to meet the needs of municipalities and property owners as they implement measures to protect health and safety, the secretary of the Agency of Natural Resources (ANR) is hereby directed, effective July 10, 2024 through September 14, 2025 to:

  a) Modify the notice requirements for dam safety orders required under 10 V.S.A. § 1085(1),10 V.S.A. § 7712, and 10 V.S.A. § 7714 by requiring a 10-day notice period instead of a 30-day notice period.

  b) ANR shall post the final permit decisions to the Environmental Notice Bulletin.

  9. ANR shall allow all uses and activities in a Class I or Class II wetland and its buffer without a permit when required for:

  a) emergency repair, cleanup, or maintenance of structures and facilities (including utility poles and lines, public transportation facilities, bulkheads, docks, piers, pilings, paved areas, houses, or other buildings), or emergency actions required to provide for public health, safety and welfare for disaster relief in connection with this Emergency Declaration, as amended and restated, and any associated federal Major Disaster Declaration;

  b) the operation of existing hydroelectric facilities in accordance with all applicable requirements established by federal and state agencies which may involve dredging, draining and/or altering the flow of water into or out of a wetland; and

  c) cleanup activities for spills of oil or hazardous materials, when performed in connection with damages occurring in connection with the July and August 2024 Severe Storms.

  ENVIRONMENTAL REGULATORY RELIEF

  10. Pursuant to 49 CFR § 390.23, motor carriers providing direct assistance to the emergency in Vermont are granted extended emergency relief from 49 CFR § 395.3 (maximum driving time for property-carrying vehicles) as set forth in this Emergency Declaration and guidance issued by the Commissioner of the Department of Motor Vehicles (DMV).

  a) Direct assistance means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential services (such as water pump-outs, electricity, medical care, sewer, water, telecommunications, and telecommunication transmissions) or essential supplies (such as food, fuel, and gravel). It does not include transportation related to long-term rehabilitation of damaged physical infrastructure or routine commercial deliveries after the initial threat to life and property has passed.

  b) This relief for motor carriers is effective as of July 10, 2024, was originally set to expire August 9, 2024, but is now extended for another 30-day period through September 8, 2024 at midnight.

  c) Upon termination of direct assistance to this emergency relief effort, no motor carrier shall permit or require any driver used by it to drive nor shall any such driver drive in commerce until the driver has met the requirements of Title 49 CFR 395.3(a), (b) and (c).

  The Commissioner of DMV is hereby directed to issue instructions and guidance in furtherance of applicable federal law and rule and this Emergency Declaration, as amended and restated.

  DEBRIS REMOVAL

  11. Pursuant to my authority in 20 V.S.A. §§ 8, 9, 11 and 36, and notwithstanding any other provision of state law or rule, I hereby direct the Agency of Transportation (AOT), in coordination with the Department of Public Safety (DPS), the Chief Recovery Officer and ANR, to clear, remove and store or dispose of debris and wreckage that may threaten public health or safety, or public or private property at the discretion of AOT, as directed by the secretary of AOT. This directive shall be exercised when the affected local government, corporation, organization, or individual has unconditionally authorized the removal of debris and wreckage.

  In the case of removal of debris or wreckage from private property, the owner shall first agree to indemnify the State government against any claim arising from the removal and AOT may move the debris and wreckage to the public Right of Way to sort and remove it following the requirements municipalities must meet to be eligible for reimbursement from FEMA. AOT shall carry out this directive until such time as it is determined by the Governor that removal of debris and wreckage from the July 2023 and July and August 2024 Severe Storms is equitable from community to community and household to household; and removal of debris and wreckage is substantially complete.

  12. Pursuant to the powers granted to the Governor in 20 V.S.A. §§ 8, 9 and 11 and other provisions of law, I shall from time-to-time issue recommendations, directives and orders as circumstances may require.

  This Second Addendum to the Amended and Restated Executive Order 03-23 shall take effect upon signing and shall continue in full force and effect until the Governor, in consultation with DPS/VEM, shall assess the emergency and determine whether to amend or rescind this Order.

  Dated August 8, 2024.

  ADDENDUM 3 TO AMENDED AND RESTATED EXECUTIVE ORDER NO. 03-23

  [Housing Response to Storm-Related Damage]

  WHEREAS, one year after I issued Executive Order 03-23, Declaration of State of Emergency, Guard Call-Out and Activation of Emergency Operations Plan for the State of Vermont in Response to Anticipated Storm-Related Damage (“Emergency Declaration”), declaring a state of emergency for the State of Vermont in response to the July 2023 severe storm (“July 2023 Severe Storm”), Vermont again experienced excessive rain combined with water runoff, flooding, erosion and resulting damages July 10, 2024 into July 11, 2024 and July 30, 2024 (“July 2024 Severe Storms”), which caused two known fatalities and widespread damage, and threatened property and public safety in Vermont; and

  WHEREAS, following the July 2023 Severe Storm, 44 manufactured homes were condemned by the State, 16 properties were FEMA-designated “destroyed” properties and 3,168 households were approved for FEMA Housing Assistance; and

  WHEREAS, following the July 10, 2024 Severe Storm, we know as of the morning of July 29, 2024, there were 2,407 residential damage reports to the State’s emergency 2-1-1 call center, including 111 renters: 192 callers reported significant damage to the first floor of their homes, 154 callers reported their homes were uninhabitable, 149 callers needed assistance to remain in their homes, 238 reported damage to their foundations and an additional 109 reported damage to walls and roofs; and

  WHEREAS, unfortunately, Vermont is now anticipating another major rain and flood event August 9 as Tropical Depression Debby approaches, and the Governor has requested a federal Emergency Declaration from the President in anticipation of this all-hazards event; and

  WHEREAS, prior to the July 2023 and July 2024 Severe Storms, Vermont’s statewide housing and homelessness crisis was widely recognized by Vermont’s State, federal and local leaders as one of the biggest issues facing our State today, with many calling for additional action, including some declaring the housing crisis must be priority No. 1, and others calling for a Governor’s Declaration of a State of Emergency; and

  WHEREAS, there was demonstrated tri-partisan support for significant legislative changes to local zoning and state law and regulation to facilitate home building and housing unit generation throughout the 2023-2024 biennium; and

  WHEREAS, the express purpose and policy underlying the State Emergency Management laws (Title 20, Chapter 1) recognize the “increasing possibility of the occurrence of disasters or emergencies of unprecedented size and destructiveness resulting from all-hazards” and anticipate the need to adequately prepare the State “to deal with such disasters or emergencies; to provide for the common defense; to protect the public peace, health, and safety; and to preserve the lives and property of the people of the State;” and

  WHEREAS, over the last 15 years, Vermont has begun to experience rain and flooding events with unforeseen frequency and severity; and

  WHEREAS, the Governor’s emergency management duties and obligations require the preparation for and implementation of all emergency functions related to civilian protection and the prevention, planning, mitigation and support required for response and recovery efforts from all-hazards; and

  WHEREAS, for the sake of clarity, “hazard mitigation” means any action taken to reduce or eliminate the threat to persons or property from all-hazards; and

  WHEREAS, it is clear the July 2023 and July 2024 Severe Storms and inevitable future natural disasters have exacerbated and will continue to exacerbate Vermont’s housing crisis; and

  WHEREAS, Vermont finds itself in a situation where providing temporary housing for the victims of natural disasters is a futile mission in the face of the housing crisis; and

  WHEREAS, meaningful action to provide temporary housing is not possible without meaningful action to facilitate prudent, environmentally responsible manufactured home placement and housing development; and

  WHEREAS, I have determined it is necessary to prioritize the Governor’s Mobile Home Unit Task Team Initiative to expedite the siting and placement of at least 100 manufactured home units in existing registered State manufactured home parks in Fiscal Year 2025.

  NOW THEREFORE, pursuant to the authority vested in me as Governor of the State of Vermont and Commander-in-Chief, Vermont National Guard by the Constitution of the State of Vermont, Chapter II, Section 20, and pursuant to the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws.

  IT IS HEREBY ORDERED:

  1. Mobilization of State Housing Resources. In accordance with Title 20 V.S.A. § 8, the Governor has determined the need to utilize the services and facilities of the Agency of Commerce and Community Development (ACCD), the Agency of Transportation (AOT), the Department of Housing and Community Development (DHCD), the Vermont State Housing Authority (VSHA) and the Governor’s Mobile Home Unit Task Team. ACCD, AOT, DHCD, VSHA and the Governor’s Mobile Home Unit Task Team shall use and employ state personnel, equipment, and facilities to perform any and all activities consistent with the direction of the Office of the Governor and ACCD.

  2. Act 250 Permit Requirements. The goal of the Governor’s Mobile Home Unit Task Team Initiative is to site and place at least 100 manufactured home units on existing lots in existing registered State manufactured home parks in Fiscal Year 2025. The Natural Resources Board, and its successor the Land Use Review Board (the “Board”), through the Chair, District Commissions and District Coordinators shall deem the siting of one or more manufactured homes on existing lots in a manufactured home park, that was registered with the State on or before July 10, 2024, and which complies with conditions A-I in Section 3 below, does not constitute a “material change” or a “substantial change” for purposes of Act 250 permitting. Notwithstanding the foregoing, if a manufactured home park or pre-existing lot has an existing Act 250 permit, the manufactured home shall be in accordance with identified conditions.

  3. Wastewater and Potable Water Supply Rule Suspension. Subject to certain conditions, the Agency of Natural Resources (ANR) currently grants Wastewater and Potable Water Supply permit exemptions for the reconstruction of a building or when i) its associated potable water supplies and waste water systems were substantially completed before January 1, 2007 and all improved and unimproved lots that were in existence before January 1, 2007 or ii) if it has an associated potable water supply or wastewater system which was permitted by the Secretary on or after January 1, 2007, and the building or structure has been voluntarily removed or destroyed by fire, flooding, or other force majeure. To qualify for the exemption, a building or structure reconstruction must occur within 4 years of its removal or destruction (“4- year lookback”). (See Rule 1-302 and Rule 1-303, Subchapter 3 of Chapter 1 of the ANR Environmental Protection Rules.)

  The 4-year lookback in the ANR rules presents a significant hurdle for the siting and placement of manufactured home units on suitable existing vacant manufactured home lots. Therefore, in accordance with 20 V.S.A. §§ 8, 9 and 11, the Governor hereby temporarily modifies ANR Rule 1-302 and Rule 1-303 relating to Permit Exemption for Reconstruction and “Clean Slate” Permit Exemption and suspends the 4-year lookback (ANR Rule 1-302(a)(2)) solely for the purpose of facilitating the siting of new manufactured homes in connection with the Governor’s Manufactured Home Unit Task Team Initiative, subject to the following:

  a) The manufactured home park is in compliance with all conditions of permits issued under ANR Rules on or after January 1, 2007.

  b) The replacement manufactured home connects to the existing water service line or water service pipe and existing sanitary sewer service line that were connected to the previously existing building or structure. For the sake of clarity, replacement of lines and pipes necessary for purposes of siting new manufactured home units shall be deemed minor replacements.

  c) The manufactured home does not increase design flow or modify other operational requirements of the existing potable water supply or wastewater system.

  d) The entire footprint of the manufactured home, except for that portion of the manufactured home that is a deck or porch, is constructed within 50 feet of any outside wall of the previously existing building or structure that is being replaced.

  e) No other actions are taken or caused to be taken that under the ANR Environmental Protection Rules requires the issuance of a permit or permit amendment.

  f) The manufactured home park was registered with DHCD as of July 10, 2024.

  g) The manufactured home park is in compliance with those portions of the Vermont Environmental Protection Chapter 21 Water Supply Rule which codify federal public water supply requirements.

  h) A licensed designer certifies that the existing portions of the potable water supply are not a failed supply, and the existing portions of the wastewater system are not a failed system.

  i) The Governor’s Manufactured Home Unit Task Team shall notify ANR of each new manufactured home unit placement.

  For the sake of clarity, in the event a licensed designer is unable to certify that the existing portions of the potable water supply are not a failed supply and/or the existing portions of the wastewater system are not a failed system, on a site that otherwise complies with conditions A-I in this Section 3, the potable water supply shall be deemed a failed supply or the system shall be deemed a failed system and ANR shall grant a variance for a replacement system. The installation of a new manufactured home unit with 3 or fewer bedrooms at an existing registered manufactured home park lot with existing wastewater and water supply infrastructure, shall not constitute an increase in design flow for that lot.

  The Governor’s Manufactured Home Unit Task Team, in consultation with DHCD, ANR, VSHA and a licensed designer, shall conduct due diligence on the park and the lots specific to wastewater and potable water supply systems, as follows:

  a) Complete the ANR Checklist for Mobile Home Park Task Force Initial Screening dated July 10, 2024.

  b) Review ACCD and ANR records related to water and wastewater complaints.

  c) Conduct an in-person site visit.

  d) Interview with the applicable manufacture home park owners.

  4. Governor’s Manufactured Home Unit Task Team Purchasing Authority for Housing Deficit Mitigation. The Secretary of Administration is hereby directed to waive State purchasing rules and procedures as she may deem prudent and necessary for the purpose of expediting the acquisition of manufactured home units, including for the preparation or equipping of manufactured home unit sites, the payment of transportation charges and all other equipment, material or charges deemed necessary by the Governor’s Manufactured Home Unit Task Team.

  Further, the Department of Buildings and General Services, Office of Purchasing and Contracting is hereby directed to work with the Governor’s Manufactured Home Unit Task Team to contract for and purchase materials, supplies, commodities, and equipment necessary for the repair, construction, and equipping of home units to ensure efficient execution of the Governor’s Manufactured Home Unit Task Team Initiative.

  5. Retroactivity Shield. State law, rules and permitting suspended in accordance with this Emergency Declaration, as amended and restated, shall not be enforced retroactively by State permitting and regulatory bodies; except that State regulatory bodies shall retain the authority to address any situations that result in failure of the wastewater system and/or the potable water supply as defined by the Wastewater System and Potable Water Supply Rules.

  This Third Addendum to the Amended and Restated Executive Order 03-23 shall take effect upon signing and shall continue in full force and effect until the Governor, in consultation with DPS/VEM, shall assess the emergency and determine whether to amend or rescind this Order.

  Dated August 9, 2024.