The Vermont Statutes Online

Title 10 : Conservation and Development

Chapter 024A : Climate Superfund Cost Recovery Program

• § 599a. Reports; rulemaking

  (a) On or before January 15, 2025, the Agency, in consultation with the State Treasurer, shall submit a report to the General Assembly detailing the feasibility and progress of carrying out the requirements of this chapter, including any recommendations for improving the administration of the Program.

  (b) The Agency shall adopt rules necessary to implement the requirements of this chapter, including:

  (1) adopting methodologies using available science and publicly available data to identify responsible parties and determine their applicable share of covered greenhouse gas emissions;

  (2) requirements for registering entities that are responsible parties and issuing notices of cost recovery demands under the Program; and

  (3) the Resilience Implementation Strategy, which shall include:

  (A) practices utilizing nature-based solutions intended to stabilize floodplains, riparian zones, lake shoreland, wetlands, and similar lands;

  (B) practices to adapt infrastructure to the impacts of climate change;

  (C) practices needed to build out early warning mechanisms and support fast, effective response to climate-related threats;

  (D) practices that support economic and environmental sustainability in the face of changing climate conditions; and

  (E) criteria and procedures for prioritizing climate change adaptation projects eligible to receive monies from the Climate Superfund Cost Recovery Program.

  (c) In adopting the Strategy, the Agency shall:

  (1) consult with the Environmental Justice Advisory Council;

  (2) in consultation with other State agencies and departments, including the Department of Public Safety’s Division of Vermont Emergency Management, assess the adaptation needs and vulnerabilities of various areas vital to the State’s economy, normal functioning, and the health and well-being of Vermonters;

  (3) identify major potential, proposed, and ongoing climate change adaptation projects throughout the State;

  (4) identify opportunities for alignment with existing federal, State, and local funding streams;

  (5) consult with stakeholders, including local governments, businesses, environmental advocates, relevant subject area experts, and representatives of environmental justice focus populations;

  (6) consider components of the Vermont Climate Action Plan required under section 592 of this title that are related to adaptation or resilience, as defined in section 590 of this title; and

  (7) conduct public engagement in areas and communities that have the most significant exposure to the impacts of climate change, including disadvantaged, low-income, and rural communities and areas.

  (d) Nothing in this section shall be construed to limit the existing authority of a State agency, department, or entity to regulate greenhouse gas emissions or establish strategies or adopt rules to mitigate climate risk and build resilience to climate change. (Added 2023, No. 122 (Adj. Sess.), § 2, eff. July 1, 2024.)