The Clean Water Service Delivery Act

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  Overview of Act 76

• Clean Water Service Provider Rule

• Advisory Committee Notes

• Establishing the Clean Water Service Provider Network, RFP

• Guidance Documents

Act 76 of 2019

This page provides information on Vermont’s new Clean Water Service Delivery Act of 2019.   Act 76 of 2019 establishes a water quality project delivery framework to support Vermont’s clean water goals.  In addition to securing a new long-term funding source for the Clean Water Fund, three of the most fundamental aspects of this law are:

Provides assurances to meet non-regulatory targets: Act 76 prioritizes program delivery and funds for non-regulatory projects. Non-regulatory projects include sub-jurisdictional stormwater management practices and natural resource restoration projects such as floodplain reconnections, wetlands restoration, forestland best management practices, and forested riparian buffer restoration. While not required through existing regulatory programs, these projects are essential to achieve the water quality goals spelled out in the Lake Champlain and Lake Memphremagog TMDLs.

Establishes interim phosphorus reduction targets: Act 76 requires formula dispersal of funds for non-regulatory projects in the Lake Champlain and Lake Memphremagog basins. Formula is based on interim phosphorus reduction targets and a standard cost per unit phosphorus reduced, consistent with “pay for performance” models.

Clean Water Service Providers: Act 76 establishes new regional organizations called clean water service providers (CWSP). CWSPs will be established for each Tactical Basin Planning watershed in the Lake Champlain and Lake Memphremagog basins. CWSPs are responsible for partnering with Basin Water Quality Councils to identify, implement, operate, and maintain non-regulatory projects to meet non-regulatory interim phosphorus reduction targets.

For more information, see: 

• Clean Water Service Delivery Act (Act 76 of 2019) Factsheet
• Clean Water Service Delivery Act (Act 76 of 2019) Frequently Asked Questions
• Clean Water Service Delivery Act (Act 76 of 2019) (As Enacted)
• Clean Water Service Delivery Act (Act 76 of 2019) An Introduction to Act 76 (Video)
• Clean Water Service Delivery Act (Act 76 of 2019) Service Providers, Basin Councils, and Funding Priorities Graphic

The Clean Water Service Provider Rule

The Act requires that the Agency assign, by rule, entities that will serve as Clean Water Service Providers. The final Rule was approved by the Legislative Committee on Administrative Rules with minor changes on July 1, 2021, and is effective August 12, 2021.

Clean Water Service Provider Rule - Final as Adopted:

• Clean Water Service Provider Rule (eff. Aug 12, 2021)
• List of Changes made by the Legislative Committee on Administrative Rules
• Administrative Filing Forms - Clean Water Service Provider Rule as Adopted

Clean Water Service Provider Rulemaking Resources:

• Administrative Procedures Final Proposed Rule Filing – Clean Water Service Provider Rule
• Environmental Protection Rule, Chapter 39 – Final Clean Water Service Provider Rule
• List of Changes, Proposed to Final, Chapter 39 - Clean Water Service Provider Rule
• Public Comment Responsiveness Summary, Chapter 39 - Clean Water Service Provider Rule
• Interagency Committee on Administrative Rules (ICAR) Minutes, 12/14/21
• Rule Hearing Presentation, 02/2021 

Want to Engage?

Water Investment Division staff are available to meet with organizations interested in the rulemaking process, and in serving as Clean Water Service Providers. Contact Neil Kamman. The Division has established a stakeholder working group to guide the development of the Rule.

• November 4, 2019: Advisory Committee Meeting Minutes
• November 21, 2019: Advisory Committee Meeting Minutes
• December 3, 2019: Advisory Committee Meeting Minutes
• December 17, 2019: Advisory Committee Meeting Minutes
• January 10, 2020: Advisory Committee Meeting Minutes
• January 24, 2020: Advisory Committee Meeting Minutes
• February 14, 2020: Advisory Committee Meeting Minutes
• February 21, 2020: Advisory Committee Meeting Minutes
• March 6, 2020: Advisory Committee Meeting Minutes
• March 20, 2020: Advisory Committee Meeting Minutes
• April 3, 2020: Advisory Committee Meeting Minutes
• Apirl 17, 2020: Advisory Committee Meeting Minutes
• May 1, 2020: Advisory Committee Meeting Minutes

Establishing the Clean Water Service Provider Network

On Feb. 3rd, the Water Investment Division issued an RFP soliciting Clean Water Service Providers for the Lake Champlain and Memphremagog Basins. The RFP was developed in consultation with the Advisory Committee and was issued as a draft for public comment.  The RFP will be open until May 8th. The Division will respond to questions in writing that are submitted before April 16th.  Parties interested in serving as CWSP can request participation by Water Investment Division staff at watershed-based meetings,  for the purpose of better understanding the attributes of Act 76.

• Request for Proposals - SELECTION OF CLEAN WATER SERVICE PROVIDERS FOR SEVEN VERMONT WATERSHED BASINS, PER ACT 76 OF 2019
• Responsiveness summary – public comment on the Jan 3. RFP draft

Update 7/13/20. The Department of Environmental Conservation has identified that the following entities shall be proposed in the forthcoming Rule to serve as Clean Water Services Providers:

Guidance Documents 

In parallel with the rule, Water Investment Division staff are working on Water Quality Restoration Formula Grants guidance for Clean Water Service Providers on the following items. Information and progress updates will be posted here, and the list below will expand over time.

• Roles and Responsibilities of Clean Water Service Providers and their Basin Water Quality Councils  (Coming Soon)
• Operations and Maintenance Costs and Practices, and Design Life Considerations for Water Quality Projects  (Coming Soon)
• Standard Cost Factors for Water Quality Projects  (Coming Soon)