2023 Vermont Statutes › Title 3 Appendix - Executive Orders › Chapter 20 - Internal Security and Public Safety › App 20-64 (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]

Executive Order No. 20-64 (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, Vermont faces the imminent likelihood of excessive rain combined with water runoff, flooding, erosion and resulting damages from July 9, 2023 - July 11, 2023 with the likelihood of 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 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 Interim 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 9, 2023
ADDENDUM 1 TO EXECUTIVE ORDER NO. 03-23
[Regulatory Relief for Infrastructure Rebuild]
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 (“Severe Storm 2023”); and
WHEREAS, July 7, 2023 through July 11, 2023 and forecasted for July 13, 2023 and the following days, the State experienced and is expecting to continue to experience excessive rain causing widespread flooding, water runoff, erosion and resulting damages; and
WHEREAS, the scope and severity of Severe Storm 2023 may exceed that of Hurricane Irene in 2011; and
WHEREAS, the current emergency demands swift action to achieve the necessary hazard mitigation, provide critical support response and begin recovery efforts to preserve public safety and property in Vermont; and
WHEREAS, I have determined certain temporary regulatory relief is critical for emergency response and infrastructure rebuilding including for:
• timely access to gravel and rock fill, asphalt and concrete for road and necessary infrastructure restoration and repair to secure the safety and protection of the civilian population;
• facilitating transportation of materials and equipment; and
• facilitating commercial motor vehicle operations needed to support emergency relief efforts transporting supplies, goods, materials, equipment, and fuel into Vermont;
• professional service licensing flexibility.
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. Chapter 4:
IT IS HEREBY ORDERED:
1. 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.
The Natural Resources 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 Severe Storm 2023 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.
c. This Emergency Declaration 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 October 15, 2023, all gravel pits, rock quarries, asphalt plant and concrete plant operations must come into full compliance with 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, to standards prescribed by the Board.
2. Motor carriers providing direct assistance to the emergency in Vermont are granted 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. Consistent with Title 49 CFR Part 390.23, this relief for motor carriers is effective immediately and will expire on July 25, 2023 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.
3. The Commissioner of DMV is hereby directed to issue a permit, without a hearing, to a person or corporation, authorizing the operation of a traction engine, tractor, trailer, motor truck, or other motor vehicle, registered in-state or registered in a state other than Vermont or a Canadian province, for purposes of operating overweight or oversize vehicles on State or class 1 town highways to be used for emergency response and infrastructure rebuilding. The Commissioner may require satisfactory proof that the traction engine, tractor, trailer, motor truck, or other motor vehicle has been registered. The Commissioner shall waive the prescribed fee paid for a gross weight equal to a maximum legal load limit for its class for permits issued in accordance with the Emergency Declaration.
4. (a) 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, in a Profession Type listed in subsection (b), to provide professional services in Vermont until the termination of the Emergency Declaration, provided, the professional is licensed, certified, or registered in good standing in another U.S. jurisdiction or jurisdictions and is not subject to any professional disciplinary proceedings in any other U.S. jurisdiction.
(b) Profession Types
1. Architects
2. Engineers
3. Foresters
4. Land Surveyors
5. Pollution Abatement Facility Operators
6. Property Inspectors
7. Residential Contractors
8. Wastewater/Water System Designers
9. Well Drillers
The Office of Professional Regulation is hereby directed to issue instructions and guidance in furtherance of this Emergency Declaration.
5. 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. The Director of Fire Safety is hereby directed to issue instructions and guidance in furtherance of this Emergency Declaration.
6. 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 13, 2023
ADDENDUM 2 TO EXECUTIVE ORDER NO. 03-23
[Additional Regulatory Relief]
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 (the “Major Disaster Declaration”); and
WHEREAS, the scope and severity of the Flood of 2023 may exceed that of Hurricane Irene in 2011; and
WHEREAS, the current emergency demands swift action to achieve the necessary hazard mitigation, provide critical support response and begin recovery efforts to preserve public safety and property in Vermont; and
WHEREAS, in addition to temporary regulatory relief critical for emergency response, debris removal and infrastructure rebuilding, I have determined there is a need for temporary financial relief for taxpayers to address immediate costs and maintain financial viability, and temporary relief for customers of the Department of Motor Vehicles (DMV) who have been victims of flooding.
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. Chapter 4:
IT IS HEREBY ORDERED:
1. In order to meet the needs of DMV customers who have suffered the impacts of the Flood of 2023, the Commissioner of DMV is hereby directed, effective July 7, 2023, to:
a. Extend license and registration renewals for 60 days beyond their effective expiration date.
b. Extend temporary registration certificates and number plates for 60 days beyond their effective dates.
c. Allow residents who have moved to Vermont within the last 90 days to have an additional 60 days to transfer their licenses and registrations to Vermont.
d. Extend license photo validity from nine (9) years to thirteen (13) years for Vermonters who require new license photos during the period of the Emergency Declaration.
2. 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 the Emergency Declaration. 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.
3. The Tax Commissioner is hereby directed to extend the due dates for taxpayers affected by flooding for tax filings and payments for those due from July 7, 2023 to November 15, 2023:
a. sales and use tax returns;
b. meals and rooms tax returns;
c. income withholding tax returns; and
d. quarterly estimated payments for income taxpayers.
If the returns and payments listed above are filed by November 15, 2023, taxpayers affected by flooding shall not be responsible for any late filing or late payment penalties or interest.
4. 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 7, 2023 through September 1, 2023 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 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.
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 19, 2023
ADDENDUM 3 TO EXECUTIVE ORDER NO. 03-23
[LICENSEE REGULATORY RELIEF]
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 (the “Major Disaster Declaration”); and
WHEREAS, the scope and severity of the Flood of 2023 may exceed that of Hurricane Irene in 2011; and
WHEREAS, the current emergency demands swift action to achieve the necessary hazard mitigation, provide critical support response and begin recovery efforts to preserve public safety and property in Vermont; and
WHEREAS, in addition to temporary regulatory relief already granted under this Emergency Declaration and Addenda, I have determined there is a need for additional flexibility regarding professional regulation to address community healthcare resources and security in connection with the disaster recovery.
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. Chapter 4:
IT IS HEREBY ORDERED:
1. 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 the Emergency Declaration. 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 the Emergency Declaration.
The Office of Professional Regulation is hereby directed to issue instructions and guidance in furtherance of this Emergency Declaration.
2. The Secretary of State is hereby directed to waive such rules and requirements as may be necessary to allow a pharmacist to extend a previous prescription for up to a 30-day supply for a maintenance medication for which the patient has no refills remaining or for which the authorization for refills has recently expired if it is not feasible to obtain a new prescription or refill authorization from the prescriber. “Maintenance medication” means a prescription drug taken on a regular basis over an extended period of time to treat a chronic or long-term condition. The term does not include a regulated drug, as defined in 18 V.S.A. § 4201.
A pharmacist who extends a prescription for a maintenance medication pursuant to this authority shall take all reasonable measures to notify the prescriber of the prescription extension in a timely manner.
3. 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 20, 2023
ADDENDUM 4 TO EXECUTIVE ORDER NO. 03-23
[ENVIRONMENTAL REGULATORY RELIEF]
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 (the “Major Disaster Declaration”); and
WHEREAS, the scope and severity of the Flood of 2023 may exceed that of Hurricane Irene in 2011; and
WHEREAS, the current emergency demands swift action to achieve the necessary hazard mitigation, provide critical support response and begin recovery efforts to preserve public safety and property in Vermont; and
WHEREAS, in addition to temporary regulatory relief already granted under this Emergency Declaration and Addenda, I have determined there is a need for additional flexibility regarding professional regulation to extend pollution abatement facility and well driller licensing renewals and address remedial disaster recovery work in or around waterways and wetlands; and
WHEREAS, I have also determined it is necessary to extend emergency relief to federally regulated motor carriers providing direct assistance to the emergency in Vermont.
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. Chapter 4:
IT IS HEREBY ORDERED:
1. To relieve the immediate licensing renewal burden on essential water quality professionals, I am hereby issuing an emergency rule in accordance with 20 V.S.A. § 8(b)(1) to extend the July 31, 2023 professional license renewal deadline, including the payment of licensing fees, late penalties, and continuing education requirements, for six (6) months for pollution abatement facility operators and well drillers licensed in Vermont as of July 1, 2023; provided, however, upon renewal, the licensing period for these professionals shall be August 1, 2023 through July 31, 2025.
2. 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 7, 2023 to:
a. Modify ANR’s Stream Alteration Rules (Subchapter 7 – Emergency and Next-Flood Protective Measures §§ 27-701 – 27-706) to:
i. Extend the timeline for a municipality to notify ANR of approval of an emergency protective measure from 24 hours to 72 hours.
ii. Provide preliminary authorization from the Secretary within 24 hours; provided, however, if a response is not received within 72 hours work may proceed as if a preliminary authorization had been granted. Authorization shall not be denied unless ANR can demonstrate the emergency protective measures would cause immediate or long-term harm or damage in future flood events.
iii. Extend the deadline for municipalities to submit documentation for final authorization from 30 days to 60 days.
b. ANR shall allow all uses and activities in a Class I or Class II wetland and its buffer without a permit when required for 1) 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 and the federal Major Disaster Declaration and ongoing; 2) 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 3) cleanup activities for spills of oil or hazardous materials, when performed in connection with damages occurring July 7, 2023 and ongoing through the period of this Emergency Declaration.
3. 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 9, 2023 and will expire on August 8, 2023 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.
4. 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 20, 2023
ADDENDUM 5 TO EXECUTIVE ORDER NO. 03-23
[STREAM ALTERATION AND DAM SAFETY NOTICE MODIFICATIONS]
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 July 2023 severe storms (“2023 Flooding”); 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 (the “Major Disaster Declaration”); and
WHEREAS, the scope and severity of the 2023 Flooding may exceed that of Hurricane Irene in 2011; and
WHEREAS, in order to expedite the issuance of dam safety orders and the processing of stream alteration permits needed by municipalities and individuals in connection with 2023 Flooding remediation so as to prevent delays which could cause further damage to the environment or threats to public health, I have determined the need to modify certain notice and public comment periods.
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. Chapter 4:
IT IS HEREBY ORDERED:
1. 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 7, 2023 through December 31, 2023 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.
2. 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 14, 2023 through July 14, 2024 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.
3. 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 August 1, 2023
GUBERNATORIAL DIRECTIVE TO THE SECRETARY OF THE AGENCY OF TRANSPORTATION AND THE COMMISSIONER OF PUBLIC SAFETY
DEBRIS REMOVAL
The ongoing nature of the July and August 2023 flooding has resulted in widespread debris and wreckage on public and private property which is beyond the capacity of many residents and communities to manage in a timely manner. This has left some communities, neighborhoods and isolated households in more rural and impoverished areas without the same access to resources for safe and timely debris removal.
Despite the robust response from FEMA and various impacted communities, inequitable access to resources cannot be ignored. The remaining debris and wreckage is widespread and threatens public health and safety, and the economic recovery of many rural communities and residents throughout Vermont. Debris and wreckage remain dispersed throughout rural rights of way and on private property of Vermonters. The State must take action to ensure the most vulnerable individuals and communities are able to move forward and substantially complete debris removal.
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 the Agency of Natural Resources, 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 Transportation.
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 and August 2023 flooding is equitable from community to community and household to household; and removal of debris and wreckage is substantially complete.
WITNESS my name hereunto subscribed and the Great Seal of the State of Vermont hereunto affixed this 25th day of August, 2023.
ADDENDUM 6 TO EXECUTIVE ORDER NO. 03-23
[EXTENDED ENVIRONMENTAL REGULATORY RELIEF]
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 (the “Major Disaster Declaration”); and
WHEREAS, the scope and severity of the Flood of 2023 may exceed that of Hurricane Irene in 2011; and
WHEREAS, the current emergency demands swift and continued action to achieve the necessary hazard mitigation, provide critical support response and emergency recovery efforts to preserve public safety and property in Vermont; and
WHEREAS, I have determined it is necessary to extend existing emergency regulatory relief to continue to assure the availability of material for the use by the State and towns for road repair and reconstruction.
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. Chapter 4:
IT IS HEREBY ORDERED:
1. Section 1 of Addendum 1 to this Emergency Declaration is hereby rescinded and reissued to read as follows:
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.
The Natural Resources 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 Severe Storm 2023 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.
c. This Emergency Declaration 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, 2023, 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, to standards prescribed by the Board, which may extend full reclamation based on seasonal considerations.
2. 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.
WITNESS my name hereunto subscribed and the Great Seal of the State of Vermont hereunto affixed at Montpelier this 10th day of October, 2023.