Proposed State Rules 

By law, public notice of proposed rules must be given by publication in newspapers of record. The purpose of these notices is to give the public a chance to respond to the proposals. The public notices for administrative rules are now also available online at https://secure.vermont.gov/SOS/rules/ . The law requires an agency to hold a public hearing on a proposed rule, if requested to do so in writing by 25 persons or an association having at least 25 members.

To make special arrangements for individuals with disabilities or special needs please call or write the contact person listed below as soon as possible.

To obtain further information concerning any scheduled hearing(s), obtain copies of proposed rule(s) or submit comments regarding proposed rule(s), please call or write the contact person listed below. You may also submit comments in writing to the Legislative Committee on Administrative Rules, State House, Montpelier, Vermont 05602 (802-828-2231).

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Vermont Use of Public Waters Rules.

Vermont Proposed Rule: 23P017

AGENCY: Agency of Natural Resources

CONCISE SUMMARY: The proposed rule is an amendment to Section 3 and Appendix A of the Vermont Use of Public Waters Rules (UPW), Environmental Protection Rule Chapter 32. The rule proposes to regulate "wakesports" involving a "wakeboat" on certain lakes and ponds in Vermont. The rule would prohibit such wakesports on lakes, ponds, and reservoirs that do not have a minimum of 50 contiguous acres that are both 500 feet from shore on all sides and a minimum of 20 feet deep (eligibility rule). The rule would also limit such wakesports to these defined areas that are 500 feet from shore and 20 feet deep (operating rule). Finally, the rule would require a "wakeboat" to only be used in one lake per summer unless the wakeboat is decontaminated at a certified Dept. of Environmental Conservation (DEC) service provider (home lake rule). This rule is in response to a petition that was submitted to DEC in March 2022, requesting that DEC regulate wakeboats on certain Vermont lakes. A few editorial corrections are also being made.

FOR FURTHER INFORMATION, CONTACT: Oliver Pierson, Agency of Natural Resources, Davis Building, 3rd Floor, 1 National Life Drive, Montpelier, Vermont 05620-3522 Tel: 802-490-6198 Fax: 802-828-1544 Email: [email protected] URL: https://dec.vermont.gov/watershed/lakes-ponds/rulemaking

FOR COPIES: Katelyn Ellermann, Agency of Natural Resources, Davis Building, 2nd Floor, 1 National Life Drive, Montpelier, Vermont 05620-3901 Tel: 802-522-7125 Fax: 802-828-1544 Email: [email protected].

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Rule 5.400 5.400 Petitions to Construct Electric and Gas Facilities Pursuant to 30 V.S.A. § 248.

Vermont Proposed Rule: 23P018

AGENCY: Public Utility Commission

CONCISE SUMMARY: Section 248 of Title 30 of the Vermont Statues annotated requires persons seeking to build certain electric generation, electric or gas transmission, or energy storage facilities to obtain a certificate of public good from the Commission. Commission Rule 5.400 implements the requirements of Section 248. The proposed amendments serve four primary purposes. First, they provide increased clarity on the information that must be filed for a Section 248 petition to be considered complete. Second, they update the means by which parties can exchange and collect information in response to technological advances and our experience with the COVID-19 pandemic. Third, they provide clarity on the processes that must be followed when petitioners seek to amend projects that are under review, or have been reviewed and approved. Fourth, the amendments simplify the process for certain persons and entities to intervene as parties in Section 248 cases.

FOR FURTHER INFORMATION, CONTACT: John J. Cotter, Esq., Vermont Public Utility Commission, 112 State Street, 4th Floor, Montpelier, VT 05602 Tel: 802-461-6364 Fax: 802-828-3352 Email: [email protected] URL: https://epuc.vermont.gov/?q=node/64/156798.

FOR COPIES: Elizabeth Schilling, Esq., Vermont Public Utility Commission, 112 State Street, 4th Floor, Montpelier, VT 05602 Tel: 802-828-1164 Fax: 802-828-3352 Email: [email protected].

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5.100 Rule Pertaining to Construction and Operation of Net-Metering Systems (the "Net-Metering Rule").

Vermont Proposed Rule: 23P019

AGENCY: Public Utility Commission

CONCISE SUMMARY: This rulemaking involves amendments to the Net-Metering Rule, including changes to the definition of the term "preferred site"; limits on the amount of forest clearing associated with projects on "preferred sites"; updates to the registration and application processes for net-metering systems; changes to project amendment processes and requirements; clarifications regarding the rates applicable to expanded net-metering systems; updates to the transfer and extension requirements for net-metering system certificates of public good; the addition of language authorizing utilities to propose tariffs assessing locational adjustor fees for constrained areas of the grid; changes to update the Rule consistent with state statute and other Commission rules, including the Commission's Rules of Practice and Interconnection Rule; changes acknowledging the use of ePUC - the Commission's electronic filing system; and other changes to otherwise improve, clarify, and streamline the Rule.

FOR FURTHER INFORMATION, CONTACT: Jake Marren, Vermont Public Utility Commission, 112 State St. 4th Floor, Montpelier, VT 05602 Tel: 802-828-2358 Fax: 802-828-3351 Email: [email protected] URL: https://puc.vermont.gov/about-us/statutes-and-rules.

FOR COPIES: Elizabeth Schilling, Vermont Public Utility Commission, 112 State St. 4th Floor, Montpelier, VT 05602 Tel: 802-828-2358 Email: [email protected].

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Rule 5.500: Interconnection Procedures for Proposed Electric Generation Resources and Energy Storage Devices.

Vermont Proposed Rule: 23P020

AGENCY: Public Utility Commission

CONCISE SUMMARY: This rulemaking involves amendments to the interconnection rule, including revising the amount of the application fee; adopting standards for the interconnection of storage facilities; updating the procedures for filing an application with the interconnecting utility; establishing simplified procedures for small projects; revising the screening criteria for projects; updating the technical standards applicable to the review of all projects; and establishing requirements for limited export projects. The Commission has reorganized the structure of the proposed rule to improve readability and reduce repetition compared to the current rule.

FOR FURTHER INFORMATION, CONTACT: Jake Marren, Vermont Public Utility Commission, 112 State St. 4th Floor, Montpelier, VT 05602 Tel: 802-828-2358 Fax: 802-828-3351 Email: [email protected] URL: https://puc.vermont.gov/about-us/statutes-and-rules.

FOR COPIES: Mary Jo Krolewski, Vermont Public Utility Commission, 112 State St. 4th Floor, Montpelier, VT 05602 Tel: 802-828-2358 Fax: 802-828-3351 Email: [email protected].

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Medicaid Coverage of Exception Requests.

Vermont Proposed Rule: 23P021

AGENCY: Agency of Human Services

CONCISE SUMMARY: This rule sets forth the criteria for Medicaid coverage pursuant to the Exceptions Request process. It amends current Medicaid Services Rule 7104 titled "Requesting Coverage Exceptions." Revisions include: (1)stating that the process only applies to beneficiaries age 21 years old or older, (2) stating that certain criteria are mandatory, (3) clarifying eligibility criteria, (4)changing the frequency that certain approved exception requests are published on the website of the Department of Vermont Health Access, and (5) removing references to the Interpretive Memo process and incorporating related processes into the rule.

FOR FURTHER INFORMATION, CONTACT: Ashley Berliner, Agency of Human Services, 280 State Drive, Waterbury, VT 05671-1000 Tel: 802-578-9305 Fax: 802-241-0450 Email: [email protected]. URL: https://humanservices.vermont.gov/rules-policies/health-care-rules/health-care-administrative-

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FOR COPIES: Linda Narrow McLemore, Agency of Human Services, 280 State Drive, Waterbury, VT 05671-1000 Tel: 802-779-3258 Fax: 802-241-0450 Email: [email protected].