30 V.S.A. § 8125 — VT Code / Title 30 / Chapter 94 / Section 8125
§ 8125. Default delivery agent
Status: in_force

(a) Default delivery agent designated. In place of obligated-party specific programs, the Commission shall provide for the development and implementation of statewide clean heat programs and measures by one or more default delivery agents appointed by the Commission for these purposes. The Commission may specify that appointment of a default delivery agent to deliver clean heat services, on behalf of obligated entities who pay the per-credit fee to the default delivery agent, satisfies those entities' corresponding obligations under this chapter.

(b) Appointment. The default delivery agent shall be one or more statewide entities capable of providing a variety of clean heat measures. The designation of an entity under this subsection may be by order of appointment or contract. A designation, whether by order of appointment or by contract, may only be issued after notice and opportunity for hearing. An existing order of appointment issued by the Commission under section 209 of this title may be amended to include the responsibilities of the default delivery agent. An order of appointment shall be for a limited duration not to exceed 12 years, although an entity may be reappointed by order or contract. An order of appointment may include any conditions and requirements that the Commission deems appropriate to promote the public good. For good cause, after notice and opportunity for hearing, the Commission may amend or revoke an order of appointment.

(c) Supervision. Any entity appointed by order of appointment under this section that is not an electric or gas utility already regulated under this title shall not be considered to be a company as defined under section 201 of this title but shall be subject to the provisions of sections 18–21, 30–32, 205–208; subsection 209(a); sections 219 and 221; and subsection 231(b) of this title, to the same extent as a company as defined under section 201 of this title. The Commission and the Department of Public Service shall have jurisdiction under those sections over the entity, its directors, receivers, trustees, lessees, or other persons or companies owning or operating the entity and of all plants, equipment, and property of that entity used in or about the business carried on by it in this State as covered and included in this section. This jurisdiction shall be exercised by the Commission and the Department so far as may be necessary to enable them to perform the duties and exercise the powers conferred upon them by law. The Commission and the Department each may, when they deem the public good requires, examine the plants, equipment, and property of any entity appointed by order of appointment to serve as a default delivery agent.

(d) Use of default delivery agent.

(1) An obligated party shall meet its annual requirement through a designated default delivery agent appointed by the Commission. However, the obligated party may seek to meet its requirement, in whole or in part, through one or more of the following ways: by delivering eligible clean heat measures, by contracting for delivery of eligible clean heat measures, or through the market purchase of clean heat credits. An obligated party shall be approved by the Commission to meet its annual requirement using a method other than the default delivery agent if it provides sufficient details on the party's capacity and resources to achieve the emissions reductions. This approval shall not be unreasonably withheld.

(2) The Commission shall provide a form for an obligated party to indicate how it intends to meet its requirement. The form shall require sufficient information to determine the nature of the credits that the default delivery agent will be responsible to deliver on behalf of the obligated party. If the Commission approves of a plan for an obligated party to meet its obligation through a mechanism other than payment to a designated default delivery agent, then the Commission shall make such approvals known to the default delivery agent as soon as practicable.

(3) The Commission shall by rule or order establish a standard timeline under which the default delivery agent credit cost or costs are established and by which an obligated party must file its form. The default delivery agent's schedule of costs shall include sufficient costs to deliver installed measures and shall specify separately the costs to deliver measures to customers with low income and customers with moderate income as required by subsection 8124(d) of this title. The Commission shall provide not less than 90 days' notice of default delivery agent credit cost or costs prior to the deadline for an obligated party to file its election form so an obligated party can assess options and inform the Commission of its intent to procure credits in whole or in part as fulfillment of its requirement.

(4) The default delivery agent shall deliver creditable clean heat measures either directly or indirectly to end-use customer locations in Vermont sufficient to meet the total aggregated annual requirement assigned to it, along with any additional amount achievable through noncompliance payments as described in subdivision 8124(f)(2) of this title. Clean heat credits generated through installed measures delivered by the default delivery agent on behalf of an obligated party are creditable in future years. Those credits not required to meet the obligated party's existing obligations shall be owned by the obligated party.

(e) Budget.

(1) The Commission shall open a proceeding on or before July 1, 2023 and at least every three years thereafter to establish the default delivery agent credit cost or costs and the quantity of credits to be generated for the subsequent three-year period. That proceeding shall include:

(A) a potential study conducted by the Department of Public Service, the first of which shall be completed not later than September 1, 2024, to include an assessment and quantification of technically available, maximum achievable, and program achievable thermal resources. The results shall include a comparison to the legal obligations of the thermal sector portion of the requirements of 10 V.S.A. § 578(a)(2) and (3). The potential study shall consider and evaluate market conditions for delivery of clean heat measures within the State, including an assessment of workforce characteristics capable of meeting consumer demand and meeting the obligations of 10 V.S.A. § 578(a)(2) and (3);

(B) the development of a three-year plan and associated proposed budget by the default delivery agent to be informed by the final results of the Department's potential study. The default delivery agent may propose a portion of its budget towards promotion and market uplift, workforce development, and trainings for clean heat measures. The Commission shall approve the first three-year plan and associated budget by no later than September 1, 2025; and

(C) opportunity for public participation.

(2) Once the Commission provides the default delivery agent with the obligated parties' plan to meet the requirements, the default delivery agent shall be granted the opportunity to amend its plan and budget before the Commission.

(f) Compliance funds. All funds received from noncompliance payments pursuant to subdivision 8124(f)(2) of this title shall be used by the default delivery agent to provide clean heat measures to customers with low income.

(g) Specific programs. The default delivery agent shall create specific programs for multiunit dwellings, condominiums, rental properties, commercial and industrial buildings, and manufactured homes.
30 V.S.A. § 8086 — VT Code / Title 30 / Chapter 91A / Section 8086
§ 8086. Broadband Construction Grant Program
Status: in_force

(a) There is established the Broadband Construction Grant Program to finance the broadband projects of eligible providers that are part of a universal service plan.

(b) In evaluating grant proposals under this chapter, the Board shall give priority to broadband projects that:

(1) leverage existing private resources and assets, with a high priority given to partnerships between a communications union district and a distribution utility;

(2) demonstrate project readiness;

(3) provide broadband service that complies with the consumer protection and net neutrality standards established in 3 V.S.A. § 348;

(4) support low-income or disadvantaged communities;

(5) promote geographic diversity of fund allocations;

(6) provide consumers with affordable service options; and

(7) include public broadband assets that can be shared by multiple service providers and that can support a variety of public purposes.

(c) The Board shall establish policies and standard grant terms and conditions that:

(1) reflect payment schedules that ensure maximum accountability;

(2) adopt an industry-accepted engineering standard that promotes network reliability, resiliency, and interoperability;

(3) establish standards for recouping grant funds and transferring ownership of grant-funded network assets if a grantee materially fails to comply with the terms and conditions of a grant;

(4) establish a continuity of operations plan applicable to a network owned by a communications union district that, among other things, contemplates the Board assuming operational control of a network if necessary to maintain uninterrupted broadband service;

(5) prohibit the sale or transfer of grant-funded network assets without the prior written approval of the Board;

(6) allow an applicant to seek reconsideration of an adverse Board decision;

(7) ensure project completion within a reasonable period of time and consistent with applicable federal law and guidance; and

(8) comply with Administrative Bulletin No. 5, the Agency of Administration's policy for grant issuance and monitoring, and Administrative Bulletin 3.5, the Agency of Administration's policy for procurement and contracting procedures, as appropriate, and any other requirements of federal law and guidance, if applicable.

(d) Before the Board awards a grant under this section, it shall determine that the applicant has produced a viable business plan for its proposed broadband project, which takes into consideration network engineering and design, labor needs and availability, supply-chain contingencies for equipment and materials, make-ready work, and any other relevant capital and operational expenses.

(e) The Board shall not award a grant to an eligible provider who is not a communications union district unless the Board determines that the provider's universal service plan does not conflict with or undermine the universal service plan of an existing communications union district.

(f) The Board may provide a grant to an eligible provider that enables the provision of broadband service in a geographic area currently served, provided that:

(1) the proposed project is a cost-effective method for providing broadband service to nearby unserved and underserved locations that is capable of speeds of at least 100 Mbps download and 100 Mbps upload;

(2) any overbuild is incidental to the overall objectives of the universal service plan required for funding under this Program; and

(3) before awarding the grant, the Board makes a reasonable effort to distinguish served and unserved or underserved locations within the geographic area, including recognition and consideration of known or probable service extensions or upgrades.

(g) It is the intent of the General Assembly that a broadband project financed under this Program demonstrates an economically sustainable business model that ultimately will be eligible for financing in the private or municipal bond market.

(h)(1) The Board shall require a communications union district that borrows funds for the purpose of financing a broadband project to immediately provide written notice to the Board in the event the communications union district becomes aware that it is at risk of financial insolvency or of defaulting on the payment of principal or interest on a loan when due. The Board, in turn, shall promptly provide written notice to the Governor, the Treasurer, and the Joint Fiscal Committee of such risk of insolvency or default and shall include in its notification a description of any potential ramifications of the insolvency or default under the terms and conditions of the applicable loan.

(2) If a communications union district defaults on the payment of principal or interest on a loan secured by grant-funded network assets, such assets may not be transferred or sold for a period of 180 calendar days commencing on the day the loan became past due. To the extent reasonably practicable, it is the intent of the General Assembly that publicly owned network assets remain publicly owned assets.
30 V.S.A. § 508 — VT Code / Title 30 / Chapter 13 / Section 508
§ 508. Unauthorized operation; penalty
Status: in_force

A person or company rendering service that is subject to the jurisdiction of the Public Utility Commission under this chapter, without holding a certificate of public good issued by the Public Utility Commission for that purpose under this chapter, may be fined not more than $1,000.00 for each day.
30 V.S.A. § 204 — VT Code / Title 30 / Chapter 5 / Section 204
§ 204. Organization; reports of public utility corporations
Status: in_force

Immediately upon the transmission of its articles of association, a corporation subject to supervision under this chapter shall file with the Department of Public Service a copy of such articles, and a copy of its certificate of paid up capital stock if any. The corporation shall also, immediately after its organization, forward to the Department of Public Service a copy of the report of its organization containing the names and addresses of the directors and other officials of the corporation. At the time of commencing, a business, a municipality, person, or company, other than a corporation that is subject to supervision under this chapter, shall file with the Department of Public Service a written statement giving the location, nature, and extent of such business, together with the post office address of the owner or owners, business manager, and other officials.
30 V.S.A. § 21 — VT Code / Title 30 / Chapter 1 / Section 21
§ 21. Particular proceedings and activities; assessment of costs
Status: in_force

(a) An agency may allocate the portion of the expense incurred or authorized by it in retaining additional personnel pursuant to section 20 of this chapter to the applicant or the company or companies involved. As used in this section, “agency” means an agency, board, commission, or department of the State enabled to authorize or retain personnel under section 20 of this chapter.

(1) The Commission shall upon petition of an applicant or company to which costs are proposed to be allocated, review and determine, after opportunity for hearing, having due regard for the size and complexity of the project, the necessity and reasonableness of the costs, and may amend or revise the allocations. Nothing in this section shall confer authority on the Commission to select or decide the personnel, the expenses of whom are being allocated, unless such personnel are retained by the Commission. Prior to allocating costs, the Commission shall make a determination of the purpose and use of the funds to be raised, identify the recipient of the funds, provide for allocation of costs among companies to be assessed, indicate an estimated duration of the retention of personnel whose costs are being allocated, and estimate the total costs to be imposed. With the approval of the Commission, the estimates may be revised as necessary. From time to time during the progress of the work of the additional personnel, the agency retaining the personnel shall render to the company detailed statements showing the amount of money expended or contracted for in the work of the personnel, which statements shall be paid by the applicant or the company into the State Treasury at the time and in the manner as the agency may reasonably direct.

(2) In any proceeding under section 248 of this title, the Agency of Natural Resources may allocate the portion of the expense incurred in retaining additional staff authorized in subsection (a) of this section only if the following apply:

(A) the Agency of Natural Resources does not have the expertise, and the retention of such expertise is required to fulfill its statutory obligations in the proceeding; and

(B) the Agency of Natural Resources allocates only that portion of the cost for such expertise that exceeds the fee paid by the applicant under section 248b of this title.

(b) When regular employees of an agency are employed in the particular proceedings and activities described in section 20 of this title, the agency may also allocate the portion of its costs and expenses to the applicant or the company or companies involved. The costs of regular employees shall be computed on the basis of working days within the salary period, except that the Department of Public Safety, Division of Emergency Management and Homeland Security may allocate the full cost of the regular employee. The manner of assessment and of making payments shall otherwise be as provided for additional personnel in subsection (a) of this section. However, with respect to proceedings under section 248 of this title, the Agency of Natural Resources shall not allocate the costs of regular employees.

(c) With the approval of the Governor, the Department of Public Service may also allocate such portion of expense incurred by it in administering the purchase of electric energy or power or natural gas from outside the State, to the electric or gas distribution companies, cooperative, municipal or privately owned, to which such energy, power, or gas is sold, in proportion to the purchases thereof to such companies. When regular employees are employed on such work, their cost shall be computed on the basis of working days within the salary period. The manner of assessment and making payments shall otherwise be as provided for additional personnel in subsection (a) of this section.

(d) The Agency of Natural Resources may allocate expenses under this section only for costs in excess of the amount specified in 3 V.S.A. § 2809(d)(1)(A).

(e) Annually on or before January 15, each agency shall report to the Senate Committee on Natural Resources and Energy and the House Committee on Environment and Energy the total amount of expenses allocated under this section during the previous fiscal year. The report shall include the name of each applicant or company to whom expenses were allocated and the amount allocated to each applicant or company. The Agency of Agriculture, Food and Markets also shall submit a copy of its report to the Senate Committee on Agriculture and the House Committee on Agriculture, Food Resiliency, and Forestry.

(f) With the approval of the Governor, the Department of Public Service may allocate the expense incurred under 10 V.S.A. § 7063 in compensating members and alternate members of the Commission among the generators of low-level radioactive waste in the State. Any such allocation shall be in proportion to the volume of waste generated by each such generator.

(g) An agency may allocate such portion of expense incurred or authorized by it in compensating persons retained in the monitoring of postclosure activities of a nuclear generating plant pursuant to subsection 20(a) of this title to the plant whose activities are being monitored. Except for the Commission, the agency shall obtain the approval of the Governor before making such an allocation.

(h) Under subsections (f) and (g) of this section, the manner of assessment and making payments shall be as provided in subsection (a) of this section. A generator or plant to which expense is allocated under subsection (f) or (g) of this section may petition the Commission in accordance with the procedures of subsection (a) of this section.

(i) If an invoice for expenses incurred under subsection (a) of this section is not paid within 45 days after the date of mailing:

(1) the Commission may withhold the issuance of or revoke any related certificate of public good, provided the applicant is given an opportunity for hearing after reasonable notice;

(2) an agency may charge simple interest of one percent per month on the unpaid amount of the invoice for the period from 45 days after the date of mailing to the date of full payment of the amount due; and

(3) an agency may either contract with private collection agencies to collect principal and interest due or use setoff debt collection, as provided in 32 V.S.A. §§ 5931-5940.
30 V.S.A. § 254 — VT Code / Title 30 / Chapter 5 / Section 254
§ 254. Construction or extended operation of nuclear plant; public engagement process
Status: in_force

(a) Timelines for approval.

(1) Any petition for approval of construction of a nuclear energy generating plant within the State, or any petition for approval of the operation of a nuclear energy generating plant beyond the date established in a certificate of public good issued under this title, must be submitted to the Public Utility Commission no later than four years before the date upon which the approval may take effect.

(2) Upon receipt of a petition for approval of construction or operation as provided under this section, the Public Utility Commission shall notify the General Assembly of that fact. The Department of Public Service with the review of the Joint Energy Committee, is authorized and directed to arrange for studies to be conducted as appropriate to support the General Assembly in the fact finding and public engagement process established in subsection (b) of this section.

(3) Upon completion of the studies, the Department of Public Service shall provide the studies to the Public Utility Commission and to the Senate Committees on Finance and on Natural Resources and Energy and the House Committees on Commerce and Economic Development and on Environment and Energy together with other information requested by the General Assembly.

(b) Public engagement and fact-finding.

(1) The objectives of the studies to be arranged by the Department of Public Service with the review of the Joint Energy Committee and the objectives of the public engagement process as a whole shall be:

(A) to facilitate public discussion of long-term economic and environmental issues relating to the operation of any nuclear facility in the State;

(B) to identify and assess the potential need for the operation of the facility and its long-term economic and environmental benefits, risks, and costs; and

(C) to assess all practical alternatives to those set forth in the applicant's petition that may be more cost-effective or that otherwise may better promote the general welfare.

(2) The studies arranged by the Department in consultation with the Joint Energy Committee and the public engagement process, in general, shall:

(A) identify, collect information on, and provide analysis of long-term accountability and financial responsibility issues, such as:

(i) funding plans for guardianship of nuclear waste after licensure but before removal of nuclear waste from the site;

(ii) closure obligations, dates of completion, and assurance of funds to secure fulfillment of those closure obligations;

(iii) federal obligations and assurance of funds to provide for any undischarged federal responsibilities;

(iv) funding for emergency management requirements and evacuation plans before and after plant closure; and

(v) any other financial responsibility related to any periods in which the facility is out of service.

(B) identify, collect information on, and provide analysis of long-term environmental, economic, and public health issues, including issues relating to dry cask storage of nuclear waste and decommissioning options; and

(C) identify, collect information on, and provide analysis of current economic issues, in light of the fact that the operation of the nuclear energy generating plant beyond the date permitted in any previous certificate of public good is to be evaluated under present day cost-benefit assumptions and analyses and not as an extension of the cost-benefit assumptions and analyses forming the basis of the previous certificate of public good for the operation of the facility.

(3) In conducting its part of the public engagement process, the Department shall conduct no less than three public meetings. The meetings shall be at separate locations within the State, in proximity to the nuclear energy generating facilities involved as well as in other locations as determined by the Department, and each shall be noticed by at least two advertisements, each occurring between one and three weeks prior to the meetings, in newspapers having general circulation within the State and within the municipalities in which the meetings are to be held. Copies of the notices shall be provided to the Public Utility Commission, the General Assembly, the Agency of Natural Resources, the Department of Health, the Agency of Transportation, the Attorney General, and each retail electricity provider within the State. During this public engagement and fact-finding process, the Department shall have authority to retain expert witnesses, counsel, advisors, stenographic, and other research assistance it may require. The Department may compensate the same and allocate related costs, as well as the costs of procuring the studies, to the owner of the Vermont Yankee nuclear power station, in the same manner authorized for personnel in particular proceedings under sections 20 and 21 of this title. The Department shall prepare a report of the proceedings containing a discussion of the principal contentions made by members of the public, analyses by any expert witnesses or consultants retained by the Department, and presentations by any State agency and by any utility and shall provide the same to the members of the Senate Committees on Finance and on Natural Resources and Energy and the House Committees on Commerce and Economic Development and on Environment and Energy and to the public.

(4) The public engagement and fact finding process set forth in this section may be held in conjunction with or separately from the statewide public engagement process on energy planning to be conducted by the Department pursuant to the Energy Security and Reliability Act.

(5) The General Assembly shall conduct proceedings it deems appropriate in order to complete the fact finding and public engagement process.

(c) Public Utility Commission action. In acting on a petition subject to this section, the Commission shall consider the objectives of the studies to be arranged by the Department, the objectives of the public engagement process as a whole, and the general and specific issues that the studies are required to address, as specified in subsection (b) of this section.
30 V.S.A. § 2912 — VT Code / Title 30 / Chapter 79 / Section 2912
§ 2912. Operation in other municipalities
Status: in_force

A municipality, which has acquired the plant, property, or facilities of a utility in any other municipality in accordance with the provisions of sections 2906–2911 of this chapter, may operate as a public utility with the same rights and franchises that the owners of such outlying plant had prior to acquisition under the terms of this chapter. The operation shall be subject to the same jurisdiction, control, and regulation by the Commission as would any other public utility so operating. If the outlying municipality shall itself vote to establish a municipal plant, all the provisions of this chapter shall be applicable.
30 V.S.A. § 227d — VT Code / Title 30 / Chapter 5 / Section 227d
§ 227d. Small eligible telecommunications carriers
Status: in_force

(a) A carrier that serves fewer than 10 percent of subscriber lines installed in the aggregate statewide and has been designated as an eligible telecommunications carrier in a service area where a competitive eligible telecommunications carrier has also been designated may, by providing written notice to the Public Utility Commission and to the Department of Public Service, elect to be exempted from one or more of the regulatory requirements under sections 104, 105, 108, 225, 226, 227, 229, and 230 of this title, except for purposes of E-911 services, for switched or dedicated access to the local exchange by providers of long distance telephone service or for rates for utility pole attachments. For the purposes of this subsection, “eligible telecommunications carrier” means a telecommunications carrier designated eligible pursuant to 47 U.S.C. § 214(e).

(b) For any carrier that elects exemption under subsection (a) of this section:

(1) The carrier shall provide notice of its election to its existing customers within 30 days following its election and to any new customer at the time the new customer requests service from the carrier.

(2) The carrier shall maintain rate schedules and upon request shall provide notice of any change to such rate schedules to the Commission and the Department for informational purposes only.

(A) Notice of increases of rates for services offered by the carrier on or before June 30, 2005 shall be made at least 30 days in advance to the Commission and Department.

(B) The carrier shall not withdraw any service subject to the jurisdiction of the Commission that it offered on June 30, 2005 without at least 30 days' advance notice to customers, the Commission, and the Department.

(C) Rate schedules that are exempted from approval by the Commission under this section shall not have the effect of a tariff.

(3) The Commission shall have continuing regulatory authority over any matter under its jurisdiction for which the authority of the Commission is not specifically limited by this section.

(4) The carrier shall not condition the purchase of basic exchange telecommunications service upon the purchase or subscription to bundles of or any combination of telecommunication services other than the one access line required for the provision of such service.

(5) The carrier shall limit its prices as follows:

(A) the carrier shall not increase its price for basic exchange telecommunications service during the first year following such election; during the second and third years following the end of the year in which the carrier has made such election, the carrier shall not increase its price for basic exchange telecommunications service by more than nine percent or by $1.50, whichever is less; and during the fourth and fifth years following the end of the year in which the carrier has made such election, the carrier shall not increase its price for basic exchange telecommunications service by more than 11 percent or by $2.00, whichever is less;

(B) the carrier shall not increase its prices for local measured service during the first two years following such election;

(C) the carrier shall not increase its price for nonbasic telecommunications services by more than nine percent during the first two years following such election, provided that for the purposes of this section, nonbasic telecommunications services shall mean any optional telecommunications services other than basic exchange telecommunications services and local measured service that were included in the carrier's intrastate tariff at the time of the election;

(D) the carrier shall not increase its intrastate switched access rates for the three years following the end of the year in which the carrier has made such election.

(6) The maximum prices established under subdivision (5) of this subsection may be exceeded only when it is necessary for the carrier to address an exogenous event. As used in this subsection, the term “exogenous event” means an event beyond the control of the carrier that is limited to:

(A) changes in tax laws that are unique to the telecommunications industry that materially increase the costs or reduce the revenues of local exchange services in excess of 10 percent in a single year, except if costs or revenue changes are less than 10 percent, then as may be approved by the Commission;

(B) changes in generally accepted accounting principles that apply specifically to telecommunications carriers or changes in the Federal Communications Commission's Uniform System of Accounts that materially increase the costs or reduce the revenues of local exchange services in excess of 10 percent in a single year, except if costs or revenue changes are less than 10 percent, then as may be approved by the Commission;

(C) changes in the Federal Communications Commission's rules pertaining to jurisdictional separations that materially increase the costs or reduce the revenues of local exchange services in excess of 10 percent in a single year, except if less than 10 percent, then as may be approved by the Commission;

(D) regulatory, judicial, or legislative changes affecting telecommunications carriers, including rules and orders that are necessary to implement such changes, including intercarrier compensation, universal service support, and revenue-neutral restructuring of a regulated intrastate telecommunications product or service that materially increase the costs or reduce the revenues of local exchange services in excess of 10 percent in a single year, except if costs or revenue changes are less than 10 percent, then as may be approved by the Commission; or

(E) changes in inflation, changes in the economy, or the effects of competition that produce an increase in costs or a decrease in revenues in excess of 15 percent in a single year.

(7) If the carrier responds to an exogenous event with a price increase that exceeds the maximum prices defined in subdivision (5) of this subsection, the carrier shall provide notice of such change to the Public Utility Commission and to the Department of Public Service. The Commission, upon its own motion or upon the recommendation of the Department, may initiate an investigation. If the Commission does not initiate an investigation within a 30-day period, the price increase shall take effect. If the Commission determines to initiate an investigation, it shall give notice of that decision to the carrier and to the Department and may suspend the portion of the price that exceeds the cap. The Commission shall conclude its investigation within 120 days following issuance of its notice of investigation or within such shorter period as it deems appropriate. If the Commission fails to issue a decision within that 120-day period, the price increase shall become effective upon the 121st day without retroactive rate adjustments.

(8) Regulated intrastate telecommunications products or services that were not offered under the carrier's rate schedules effective at the time of the election for exemption under subsection (a) of this section shall constitute new products and services and, as such, shall not be subject to the caps described in subdivision (5) of this subsection. The carrier shall file rate schedules for new products and services and special contracts with the Commission and the Department of Public Service, which shall take effect upon filing. New products and services may include:

(A) services that were not technologically feasible prior to the carrier's election;

(B) any combination of new or existing products or services;

(C) promotional offerings;

(D) bundles of services, regardless of whether such bundles are comprised of regulated or unregulated services or a combination thereof;

(E) special contracts that are offered to individuals or groups of customers and executed after the carrier elects the exemption provided under subsection (a) of this section.

(c) Upon petition by the Department, the Commission shall and upon its own initiative the Commission may investigate whether it should impose or reimpose any regulatory requirements that the carrier has elected out of pursuant to subsection (a) of this section. If the Commission finds, after notice and an opportunity for hearing and after considering the factors identified in subsection 227c(c) of this title, that the public is not sufficiently protected, the Commission may impose or reimpose any of the regulatory provisions listed in subsection (a) of this section. Pending any final order and subject to the provisions of section 12 of this title, the Commission may impose or reimpose any of the regulatory provisions listed in subsection (a) of this section on a temporary basis as it determines is just and reasonable. Upon petition of the carrier and after notice and opportunity for hearing, the Commission may modify, reduce, or suspend any regulatory requirement it has reimposed on the carrier.
30 V.S.A. § 121 — VT Code / Title 30 / Chapter 3 / Section 121
§ 121. Notice to kindred
Status: in_force

Before the removal of such remains, the selectboard or board of cemetery commissioners, if there are known relatives of the deceased residing in the State, shall give such relatives 30 days' notice in writing of the intention so to do. If known relatives do not reside in the State but reside outside the State, then the remains shall not be so removed until after 60 days' notice in writing thereof has been given to such relatives.
30 V.S.A. § 246 — VT Code / Title 30 / Chapter 5 / Section 246
§ 246. Temporary siting of meteorological stations
Status: in_force

(a) As used in this section, a “meteorological station” consists of one temporary tower, which may include guy wires, and attached instrumentation to collect and record wind speed, wind direction, and atmospheric conditions.

(b) The Public Utility Commission shall establish by rule or order standards and procedures governing application for, and issuance or revocation of, a certificate of public good for the temporary installation of one or more meteorological stations under the provisions of section 248 of this title. A meteorological station shall be deemed to promote the public good of the State if it is in compliance with the criteria of this section and the Commission's rules or orders. An applicant for a certificate of public good for a meteorological station shall be exempt from the requirements of subsection 202(f) of this title.

(c) In developing rules or orders, the Commission:

(1) Shall develop a simple application form and shall require that the applicant first file the application with the Commission and that, within two business days following notification from the Commission that the application is complete, the applicant serve copies of the complete application on the Department of Public Service, the Agency of Natural Resources, the Agency of Transportation, and the municipality in which the meteorological station is proposed to be located.

(2) Shall require that if no objections are filed within 30 days following the date of service of the complete application under subdivision (1) of this subsection, and the Commission determines that the applicant has met all of the requirements of section 248 of this subchapter, the certificate of public good shall be issued for a period that the Commission finds reasonable, but in no event for more than five years. Upon request of an applicant, the Commission may renew a certificate of public good. Upon expiration of the certificate, the meteorological station and all associated structures and material shall be removed, and the site shall be restored substantially to its preconstruction condition.

(3) May waive the requirements of section 248 of this title that are not applicable to meteorological stations, including criteria that are generally applicable to public service companies as defined in this title. The Commission shall not waive review regarding whether construction will have an undue adverse effect on aesthetics, historic sites, air and water purity, the natural environment, and the public health and safety.

(4) Shall seek to simplify the application and review process, as appropriate, in conformance with this section.

(d) A proposal for decision shall be issued within five months of when the Commission receives a completed application for a certificate of public good for the temporary installation of one or more meteorological stations under the provisions of section 248 of this title.

(e) Notwithstanding any contrary provisions of this section, the holder of a certificate of public good for a constructed meteorological station may apply under section 248a of this title or 10 V.S.A. chapter 151 to convert the station to a wireless telecommunications facility, provided the application is filed at least 90 days before the expiration of the certificate for the station. Any such application shall constitute a new application to be reviewed under the facts and circumstances as they exist at the time of the review.
30 V.S.A. § 3001a — VT Code / Title 30 / Chapter 81 / Section 3001a
§ 3001a. Purpose
Status: in_force

A cooperative may be organized under this chapter for the purpose of creating or supplying energy, cable television, telecommunications, interactive media, and internet access and facilitating and extending the use thereof, and in addition, any other lawful business not inconsistent with this chapter that utilizes the electric distribution facilities of the cooperative.
30 V.S.A. § 122 — VT Code / Title 30 / Chapter 3 / Section 122
§ 122. Headstones or monuments erected
Status: in_force

The selectboard or board of cemetery commissioners shall cause existing headstones or monuments to be removed and reerected to the memory of the deceased. Permanent markers shall be provided to designate the place or reinterment of those not so marked previously.
30 V.S.A. § 226b — VT Code / Title 30 / Chapter 5 / Section 226b
§ 226b. Incentive regulation of basic exchange telecommunications providers
Status: in_force

(a) Upon petition of a basic exchange telecommunications service provider, upon request of the Department of Public Service, or on its own initiative, the Public Utility Commission may approve alternative forms of regulation other than the traditional methods based upon cost of service, rate base, and rate of return.

(b) As used in this section:

(1) “Alternative forms of regulation” include incentive regulation, earnings sharing, categorization of services for the purpose of pricing, price caps, price indexing formulae, ranges of authorized returns, detariffing, and reduction or suspension of regulatory requirements.

(2) “Basic exchange telecommunications service” has the same meaning as under section 226a of this title.

(c) The Commission shall approve alternative forms of regulation only if it finds, after notice and hearing, that such regulation, in its entirety:

(1) promotes the general good of the State;

(2) is consistent with the State telecommunications purposes established under section 202c of this title;

(3) is consistent with the State Telecommunications Plan adopted by the Department of Public Service under section 202d of this title, or there exists good cause to approve alternative forms of regulation notwithstanding this inconsistency;

(4) is consistent with the public's interests relating to appropriate quality telecommunications services;

(5) is consistent with the goal of protecting or promoting universal service to residential users of telecommunications;

(6) provides reasonable incentives for the creation of a modern telecommunications infrastructure and the appropriate implementation of new cost-effective technologies;

(7) reasonably supports economic development in the affected service territory;

(8) adequately protects consumer privacy interests;

(9) supports reasonable competition;

(10) includes adequate safeguards to ensure that charges for noncompetitive services do not subsidize competitive services; and

(11) is just and reasonable and would not produce unjust discrimination between users of the public switched network in the pricing, quality, or availability of the network functions or services offered.

(d) Prior to approving, modifying, or renewing an alternative form of regulation with respect to a specific basic exchange telecommunications provider, the Commission shall establish, and may amend from time to time, standards and procedures by which the effectiveness of the alternative form of regulation can be determined.

(e) In reviewing a petition to approve alternative forms of regulation, the Commission shall follow procedures substantially similar to those contained in sections 225, 226, and 227 of this title, except that if the Commission has not acted on the petition within nine months after the Commission has ordered suspension and investigation, the petition shall be deemed granted. By rule, the Commission may prescribe the minimum contents of a filing under this section.

(f) Where a petition for alternative forms of regulation has been filed by the Department or a basic exchange telecommunications service provider, and the Commission determines that the proposal does not satisfy the requirements of this section, it may either reject the proposal or issue a proposed order approving alternative regulation with such modifications as the Commission determines necessary to satisfy the requirements of this section. Within 20 days after issuance of a proposed order under this section, any party may submit comments and may offer to provide additional evidence concerning the proposed order. After review of such comments, and after conducting any additional hearings that the Commission determines to be necessary, the Commission shall issue a final order with such modifications as the Commission determines to be necessary to satisfy the requirements of this section. If the Commission determines that evidence offered by a party reasonably should have been introduced at hearings prior to the proposed order, the Commission may exclude such evidence. The Commission shall issue its final order within 45 days after the proposed order is issued, or within 90 days after the proposed order is issued if further hearings have been held.

(g) Any final order approving or modifying alternative forms of regulation shall, by its terms, take effect not sooner than 30 days following its issuance.

(h) An order establishing an alternative form of regulation may include:

(1) exemption from or reduction of the requirements of subsection 218(a) and sections 225, 226, 227, and 229 of this title, including rate of return requirements;

(2) terms and conditions for establishing new services, withdrawing services, price changes to services, and services by contract to individual customers; and

(3) other rates, terms, and conditions that the Commission finds to be consistent with the general considerations and standards under subsections (c) and (d) of this section.

(i) While an order approving alternative forms of regulation is in effect, the Department of Public Service and the Public Utility Commission may conduct investigations into the effectiveness of the alternative forms of regulation, and whether a traditional form of regulation should be restored. Following notice and an opportunity for hearing, the Public Utility Commission may terminate an order establishing an alternative form of regulation and restore a traditional form of regulation, or it may modify the order approving alternative forms of regulation.

(j) If at any time an order establishing an alternative form of regulation has been in effect for seven years without having been renewed, the order shall be deemed of no further force or effect and the waiver of statutory requirements under this title shall expire. All tariffs then in effect shall remain in effect until further order of the Commission.

(k) A basic exchange telecommunications service provider operating under an alternative form of regulation, the Department of Public Service, or the Public Utility Commission may initiate a proceeding to renew an order approving an alternative form of regulation. The provisions of this section shall apply to a proposed renewal of an alternative form of regulation. The Commission may issue orders approving, denying, or modifying the proposed renewal. In reviewing a proposed renewal of an alternative form of regulation, the Commission may consider the basic exchange telecommunications service provider's performance for the duration of the alternative form of regulation in effect at the time the renewal is initiated. Nothing in this section shall require the Commission to conduct cost of service, rate base, or rate of return analyses.

(l) The Commission shall have the discretionary authority to provide an expedited process under this section for a basic exchange telecommunications provider with less than 10 percent of the access lines in this State. The process shall include notice and opportunity for hearing and may include simplified procedures. Nothing in this section requires the Commission to conduct a cost of service, rate base, or rate of return analysis for such companies as a precondition to alternative regulation.
30 V.S.A. § 2506 — VT Code / Title 30 / Chapter 71 / Section 2506
§ 2506. Trees not to be injured; exception; penalty
Status: in_force

A tree within a street or highway shall not be cut or injured in constructing, maintaining, or repairing a line of wires, without the written consent of the adjoining owner or occupant, unless the Transportation Board or the selectboard of the town in which the tree is situated, after due notice to the parties and upon hearing, shall decide that such cutting or injury is necessary. A person or corporation cutting or injuring such trees shall pay the damages, if any, awarded on such hearing, before cutting or injuring the trees. A person or corporation that violates a provision of this section shall be fined not more than $50.00 nor less than $5.00 for each tree so cut or injured.
30 V.S.A. § 3066 — VT Code / Title 30 / Chapter 82 / Section 3066
§ 3066. Compensation of representatives
Status: in_force

Each district member may reimburse its representative to the governing board for expenses as it determines reasonable, except as provided in section 3072 of this chapter with respect to district officers.
30 V.S.A. § 3082a — VT Code / Title 30 / Chapter 82 / Section 3082a
§ 3082a. Merger
Status: in_force

(a) Authority. Notwithstanding 24 V.S.A. chapter 49, a district may merge with one or more other districts as provided in this section. Such merger shall include all member municipalities of each of the merging districts. Section 3053 of this chapter applies to a new combined district formed pursuant to this section.

(b) Preliminary merger plan.

(1) The merging districts shall prepare a preliminary merger plan. The plan shall include provisions relating to structure, organization, functions, operation, finance, assets, rights, liabilities, contracts, consents required by law, or regulation, including adequate provisions for the satisfaction or assumption of all obligations of the district members concerned. More specifically, the plan shall include provisions clearly stating that, upon the effective date of the merger:

(A) all assets of whatever kind, owned, claimed, or held by each district shall become vested in and become assets owned by the combined district without any further act, deed, or instrument being necessary; and

(B) the combined district shall assume and be obligated to pay or otherwise perform each and every lawful obligation, debt, claim, bonded indebtedness, and other liability of each district without any further act, deed, or instrument being necessary.

(2) Upon approval of the preliminary merger plan by three-quarters vote of a quorum of the board of each of the merging districts, the notice and hearing requirements of subsection (c) of this section shall be implemented.

(c) Notice and hearing.

(1) Not less than 45 days prior to the public hearing required by subdivision (2) of this subsection, copies of the preliminary merger plan shall be distributed to the legislative bodies of the member municipalities of the merging districts.

(2) A public hearing on the plan shall be held in each merging district not less than 30 days prior to the vote referenced in subsection (d) of this section. Notice of each hearing shall be distributed by member municipalities by local posting and electronic communications. In addition, each district shall publish notice in newspapers and other paid media relevant to its service territory. The last notice shall appear not later than three days before the final public hearing required by this subdivision.

(3) Not less than 30 days prior to the vote referenced in subsection (d) of this section, notice of the proposed merger shall be distributed to each known creditor of the merging districts and such other entities as may be required by law, regulation, or contract.

(d) Vote of approval. Subsequent to the public hearings required by subsection (c) of this section, a joint committee shall prepare a final merger plan for presentation to the boards of the merging districts. The plan shall take effect upon approval by two-thirds vote of a quorum of the board of each of the merging districts.

(e) Organizational meeting. The combined district's initial organizational meeting shall be held within 90 days following the final vote to merge required under subsection (d) of this section.

(f) Notice to Secretary of State. The district's governing board shall notify the Secretary of State of the merger as provided in subsection 3053(a) of this chapter and shall provide notice to such other entities as may be required by law.
30 V.S.A. § 3013 — VT Code / Title 30 / Chapter 81 / Section 3013
§ 3013. Directors, qualifications
Status: in_force

The business of a cooperative shall be managed by a board of not less than five directors, each of whom shall be a member of the cooperative or of another cooperative that is a member thereof, shall not be an employee of the cooperative, and shall reside in this State. The bylaws shall prescribe the number of directors, their qualifications, other than those prescribed in this chapter, the manner of holding meetings of the board of directors and of electing successors to directors who shall resign, die, or otherwise be incapable of acting. The bylaws may also provide for the removal of directors from office and for the election of their successors. Directors as such may not receive any salary for their services, but by resolution of the board of directors a fixed sum and expenses of attendance may be allowed for attendance at each meeting of the board of directors, or a committee thereof, or other customary activities necessary to carry out the duties of a director. The board of directors may exercise all of the powers of a cooperative not conferred upon the members by this chapter or its articles of incorporation or bylaws.
30 V.S.A. § 248b — VT Code / Title 30 / Chapter 5 / Section 248b
§ 248b. Fees; Agency of Natural Resources; participation in siting proceedings
Status: in_force

(a) Establishment. This section establishes fees for the purpose of supporting the role of the Agency of Natural Resources (the Agency) in reviewing applications for in-state facilities under sections 248 and 248a of this title.

(b) Payment. The applicant shall pay the fee into the State Treasury at the time the application for a certificate of public good is filed with the Public Utility Commission in an amount calculated in accordance with this section. The fee shall be deposited into the Natural Resources Management Fund and allocated to the Agency.

(c) Definitions. In this section:

(1) “kW,” “MW,” and “plant capacity” shall have the same meaning as in section 8002 of this title.

(2) “Natural gas facility” shall have the same meaning as in section 248 of this title.

(3) “Telecommunications facility” shall have the same meaning as in section 248a of this title.

(d) Electric and natural gas facilities. This subsection sets fees for applications under section 248 of this title.

(1) There shall be no fee for an electric generation facility less than or equal to 50 kW in plant capacity, for roof-mounted photovoltaic systems of any capacity up to and including 500 kW, or for an application filed under subsection 248(k), (l), or (n) of this title.

(2) The fee for electric generation facilities greater than 50 kW through five MW in plant capacity shall be calculated as follows, except that in no event shall the fee exceed $15,000.00:

(A) An electric generation facility from 51 kW through 139 kW in plant capacity, $2.00 per kW.

(B) An electric generation facility from 140 kW through 450 kW in plant capacity, $3.00 per kW.

(C) An electric generation facility from 451 kW through 2.2 MW in plant capacity, $4.00 per kW.

(D) An electric generation facility from 2.201 MW through five MW in plant capacity, $5.00 per kW.

(3) The fee shall be equal to $2.50 for each $1,000.00 of construction costs, but in no event greater than $100,000.00 per application, for a new electric generation facility greater than five MW in capacity, and for a new electric transmission facility or new natural gas facility not eligible for treatment under subsection 248(j) of this title.

(4) The fee shall be $2,500.00 for an application under subsection 248(j) of this title for a facility that is not electric generation and for an application or that portion of an application under section 248 of this title that consists of upgrading an existing facility within its existing development footprint, reconductoring of an electric transmission line on an existing structure, or the addition of an electric transmission line to an existing structure.

(e) Telecommunications facilities. For an application under section 248a of this title proposing a wireless telecommunications facility that includes a new support structure, the fee shall be equal to $2.50 for each $1,000.00 of construction costs, but in no event greater than $15,000.00.

(f) Exercise of duties. The Agency of Natural Resources shall exercise its duties under this title in a manner consistent with implementation of State policy and goals under sections 202a and 202c and chapter 89 of this title. In exercising its duties, the Agency shall establish procedures and work flow goals for the timely review of applications under sections 248 and 248a of this title. On or before the third Tuesday of each annual legislative session, the Agency shall submit a report to the General Assembly by electronic submission. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to this report. The report shall: list the fees collected under this section during the preceding fiscal year; discuss the Agency's performance in exercising its duties under this title during that year; identify areas that hinder the Agency's effective performance of these duties and summarize changes made to improve such performance; and, with respect to the Agency's exercise of these duties, discuss the Agency's staffing needs during the coming fiscal year and the future goals and objectives of the Agency.
30 V.S.A. § 8124 — VT Code / Title 30 / Chapter 94 / Section 8124
§ 8124. Clean Heat Standard compliance
Status: in_force

(a) Required amounts.

(1) The Commission shall establish the number of clean heat credits that each obligated party is required to retire each calendar year. The size of the annual requirement shall be set at a pace sufficient for Vermont's thermal sector to achieve lifecycle carbon dioxide equivalent (CO2e) emission reductions consistent with the requirements of 10 V.S.A. § 578(a)(2) and (3) expressed as lifecycle greenhouse gas emissions pursuant to subsection 8127(g) of this title.

(2) Annual requirements shall be expressed as a percent of each obligated party's contribution to the thermal sector's lifecycle CO2e emissions in the previous year. The annual percentage reduction shall be the same for all obligated parties. To ensure understanding among obligated parties, the Commission shall publicly provide a description of the annual requirements in plain terms.

(3) To support the ability of the obligated parties to plan for the future, the Commission shall establish and update annual clean heat credit requirements for the next 10 years. Every three years, the Commission shall extend the requirements three years; shall assess emission reductions actually achieved in the thermal sector; and, if necessary, revise the pace of clean heat credit requirements for future years to ensure that the thermal sector portion of the emission reduction requirements of 10 V.S.A. § 578(a)(2) and (3) for 2030 and 2050 will be achieved.

(4) The Commission may temporarily, for a period not to exceed 36 months, adjust the annual requirements for good cause after notice and opportunity for public process. Good cause may include a shortage of clean heat credits, market conditions as identified by the Department's potential study conducted pursuant to section 8125 of this title, or undue adverse financial impacts on particular customers or demographic segments. The Commission shall ensure that any downward adjustment has the minimum impact possible on the State's ability to comply with the thermal sector portion of the requirements of 10 V.S.A. § 578(a)(2) and (3).

(b) Annual registration.

(1) Each entity that sells heating fuel into or in Vermont shall register annually with the Commission by an annual deadline established by the Commission. The first registration deadline is January 31, 2024, and the annual deadline shall be June 30 of each year after. The form and information required in the registration shall be determined by the Commission and shall include all data necessary to establish annual requirements under this chapter. The Commission shall use the information provided in the registration to determine whether the entity shall be considered an obligated party and the amount of its annual requirement.

(2) At a minimum, the Commission shall require registration information to include legal name; doing business as name, if applicable; municipality; state; types of heating fuel sold; and the exact amount of gallons of each type of heating fuels sold into or in the State for final sale or consumption in the State in the calendar year immediately preceding the calendar year in which the entity is registering with the Commission, separated by type, that was purchased by the submitting entity and the name and location of the entity from which it was purchased.

(3) Each year, and not later than 30 days following the annual registration deadline established by the Commission, the Commission shall share complete registration information of obligated parties with the Agency of Natural Resources and the Department of Public Service for purposes of updating the Vermont Greenhouse Gas Emissions Inventory and Forecast and meeting the requirements of 10 V.S.A. § 591(b)(3).

(4) The Commission shall maintain, and update annually, a list of registered entities on its website.

(5) For any entity not registered on or before January 31, 2024, the first registration form shall be due 30 days after the first sale of heating fuel to a location in Vermont.

(6) Clean heat requirements shall transfer to entities that acquire an obligated party.

(7) Entities that cease to operate shall retain their clean heat requirement for their final year of operation.

(c) Early action credits. Beginning on January 1, 2023, clean heat measures that are installed and provide emission reductions are creditable. Upon the establishment of the clean heat credit system, entities may register credits for actions taken starting in 2023.

(d) Equitable distribution of clean heat measures.

(1) The Clean Heat Standard shall be designed and implemented to enhance social equity by prioritizing customers with low income, moderate income, those households with the highest energy burdens, residents of manufactured homes, and renter households with tenant-paid energy bills. The design shall ensure all customers have an equitable opportunity to participate in, and benefit from, clean heat measures regardless of heating fuel used, income level, geographic location, residential building type, or homeownership status.

(2) Of their annual requirement, each obligated party shall retire at least 16 percent from customers with low income and an additional 16 percent from customers with low or moderate income. For each of these groups, at least one-half of these credits shall be from installed clean heat measures that require capital investments in homes, have measure lives of 10 years or more, and are estimated by the Technical Advisory Group to lower annual energy bills. Examples shall include weatherization improvements and installation of heat pumps, heat pump water heaters, and advanced wood heating systems. The Commission may identify additional measures that qualify as installed measures.

(3) The Commission shall, to the extent reasonably possible, frontload the credit requirements for customers with low income and moderate income so that the greatest proportion of clean heat measures reach Vermonters with low income and moderate income in the earlier years.

(4) With consideration to how to best serve customers with low income and moderate income, the Commission shall have authority to change the percentages established in subdivision (2) of this subsection for good cause after notice and opportunity for public process. Good cause may include a shortage of clean heat credits or undue adverse financial impacts on particular customers or demographic segments.

(5) In determining whether to exceed the minimum percentages of clean heat measures that must be delivered to customers with low income and moderate income, the Commission shall take into account participation in other government-sponsored low-income and moderate-income weatherization programs. Participation in other government-sponsored low-income and moderate-income weatherization programs shall not limit the ability of those households to participate in programs under this chapter.

(6) A clean heat measure delivered to a customer qualifying for a government-sponsored, low-income energy subsidy shall qualify for clean heat credits required by subdivision (2) of this subsection.

(7) Customer income data collected shall be kept confidential by the Commission, the Department of Public Service, the obligated parties, and any entity that delivers clean heat measures.

(e) Credit banking. The Commission shall allow an obligated party that has met its annual requirement in a given year to retain clean heat credits in excess of that amount for future sale or application to the obligated party's annual requirements in future compliance periods, as determined by the Commission.

(f) Enforcement.

(1) The Commission shall have the authority to enforce the requirements of this chapter and any rules or orders adopted to implement the provisions of this chapter. The Commission may use its existing authority under this title. As part of an enforcement order, the Commission may order penalties and injunctive relief.

(2) The Commission shall order an obligated party that fails to retire the number of clean heat credits required in a given year, including the required amounts from customers with low income and moderate income, to make a noncompliance payment to the default delivery agent for the number of credits deficient. The per-credit amount of the noncompliance payment shall be two times the amount established by the Commission for timely per-credit payments to the default delivery agent.

(3) However, the Commission may waive the noncompliance payment required by subdivision (2) of this subsection for an obligated party if the Commission:

(A) finds that the obligated party made a good faith effort to acquire the required amount and its failure resulted from market factors beyond its control; and

(B) directs the obligated party to add the number of credits deficient to one or more future years.

(4) False or misleading statements or other representations made to the Commission by obligated parties related to compliance with the Clean Heat Standard are subject to the Commission's enforcement authority, including the power to investigate and assess penalties, under this title.

(5) The Commission's enforcement authority does not in any way impede the enforcement authority of other entities such as the Attorney General's office.

(6) Failure to register with the Commission as required by this section is a violation of the Consumer Protection Act in 9 V.S.A. chapter 63.

(g) Records. The Commission shall establish requirements for the types of records to be submitted by obligated parties, a record retention schedule for required records, and a process for verification of records and data submitted in compliance with the requirements of this chapter.

(h) Reports.

(1) As used in this subsection, “standing committees” means the House Committee on Environment and Energy and the Senate Committees on Finance and on Natural Resources and Energy.

(2) After the adoption of the rules implementing this chapter, the Commission shall submit a written report to the standing committees detailing the efforts undertaken to establish the Clean Heat Standard pursuant to this chapter.

(3) On or before January 15 of each year following the year in which the rules are first adopted under this chapter, the Commission shall submit to the standing committees a written report detailing the implementation and operation of the Clean Heat Standard. This report shall include an assessment on the equitable adoption of clean heat measures required by subsection (d) of this section, along with recommendations to increase participation for the households with the highest energy burdens. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.

(i) LIHEAP pricing. The Margin Over Rack pricing program for fuel assistance shall reflect the default delivery agent credit cost established by the Commission.
30 V.S.A. § 7501 — VT Code / Title 30 / Chapter 88 / Section 7501
§ 7501. Purpose; definitions
Status: repealed

[Subsection (a) effective until July 1, 2025; see also subsection (a) effective July 1, 2025 set out below.]

(a) It is the purpose of this chapter to create a financial structure that will allow every Vermont household to obtain basic telecommunications service at an affordable price, and to finance that structure with a proportional charge on all telecommunications transactions that interact with the public switched network.

[Subsection (a) effective July 1, 2025; see also subsection (a) effective until July 1, 2025 set out above.]

(a) It is the purpose of this chapter to create a financial structure that will allow every Vermont household to obtain basic telecommunications service at an affordable price and to finance that structure with a charge on all telecommunications transactions that interact with the public switched network.

(b) As used in this chapter:

(1) “Basic telecommunications service” means that a customer has available at his or her location:

(A) switched voice grade interactive telecommunications service permitting origination and termination of calls;

(B) the ability to transmit network switching instructions through tones generated by customer-owned equipment;

(C) the ability to transmit and receive the customer's computer-generated digital data, either by digital or analog transmission, reliably and at common transmission rates, using customer-owned equipment;

(D) the ability to communicate quickly and effectively with emergency response personnel; and

(E) telecommunications relay service, as authorized under section 218a of this title.

(2) “Interactive” means that a communications medium is regularly used to transmit information in two directions.

(3) “Line in service” means a circuit or channel connecting a customer to the public switched network or to the internet.

(4) “Private network” means a telecommunications system entirely owned and operated by a single corporate or individual person other than a telecommunications service provider and not available to the general public.

(5) “Public switched network” means the communications network owned and operated by telecommunications service providers, some of whom are common carriers.

(6) “Service area” means:

(A) in the case of a rural telephone company, the company's study area as approved by the Federal Communications Commission; or

(B) in the case of a local exchange carrier, other than a rural telephone company, the carrier's local exchange service area as approved by the Public Utility Commission.

(7) “Service location” means a business or residential geographic point of contact of a telecommunications service for purposes of the Enhanced 911 network. The number of service locations in each exchange shall be determined by the Department of Public Service in periodic updates to the State Telecommunications Plan based on analysis of the locations in the database of the Vermont Enhanced 911 Board.

[Subdivision (b)(8) effective until July 1, 2025; see also subdivision (b)(8) effective July 1, 2025 set out below.]

(8) “Telecommunications service” means the transmission of any interactive electromagnetic communications that passes through the public switched network. The term includes transmission of voice, image, data, and any other information, by means of wire, electric conductor cable, optic fiber, microwave, radio wave, or any combinations of such media, and the leasing of any such service.

(A) Telecommunications service includes:

(i) local telephone service, including any facility or service provided in connection with such local telephone service;

(ii) toll telephone service;

(iii) directory assistance;

(iv) two-way cable television service; and

(v) mobile telephone or telecommunication service, both analog and digital.

(B) Notwithstanding the provisions of this subdivision (8), as used in this chapter, telecommunications service does not include:

(i) Services consisting primarily of the creation of artistic material or other information that is later transmitted over telecommunications equipment, including information services and electronic bulletin boards, but only to the extent that charges for such information processing are separated from charges for other telecommunications services, and only to the extent that such information is not used by any telecommunications service provider in the administration of the telecommunications network.

(ii) Mobile radio and paging services that do not have an electronic interface into the public switched network.

(iii) Private network services; provided, however, that payments by a private network to a telecommunications service provider, such as for point-to-point transmission services, are not exempt under this subdivision.

(iv) [Repealed.]

(v) Telecommunications services paid for at the point of purchase by depositing coins or currency.

(vi) Charges incurred by utilizing prepaid telephone calling cards or prepaid authorization numbers.

[Subdivision (b)(8) effective July 1, 2025; see also subdivision (b)(8) effective until July 1, 2025 set out above.]

(8) “Telecommunications service” means the transmission of any real-time, interactive electromagnetic communications that passes through the public switched network. The term includes transmission of voice, image, data, and any other information, by means of wire, electric conductor cable, optic fiber, microwave, radio wave, or any combinations of such media, and the leasing of any such service.

(A) Telecommunications service includes:

(i) local telephone service, including any facility or service provided in connection with such local telephone service;

(ii) toll telephone service;

(iii) directory assistance;

(iv) interconnected VoIP service, as defined in 47 C.F.R. § 9.3; and

(v) mobile telecommunications service, as defined in 4 U.S.C. § 124(7).

(B) Notwithstanding the provisions of this subdivision (8), as used in this chapter, telecommunications service does not include:

(i) Services consisting primarily of the creation of artistic material or other information that is later transmitted over telecommunications equipment, including information services and electronic bulletin boards, but only to the extent that charges for such information processing are separated from charges for other telecommunications services, and only to the extent that such information is not used by any telecommunications service provider in the administration of the telecommunications network.

(ii) Mobile radio and paging services that do not have an electronic interface into the public switched network.

(iii) Private network services; provided, however, that payments by a private network to a telecommunications service provider, such as for point-to-point transmission services, are not exempt under this subdivision.

(iv) [Repealed.]

(v) Telecommunications services paid for at the point of purchase by depositing coins or currency.

(vi) Charges incurred by utilizing prepaid telephone calling cards or prepaid authorization numbers.

(9) “Telecommunications service provider” means a company required by law to hold a certificate of public good from the Public Utility Commission to offer telecommunications service for intrastate service, or is authorized by the Federal Communications Commission to offer interstate telecommunications service.
30 V.S.A. § 4 — VT Code / Title 30 / Chapter 1 / Section 4
§ 4. Qualifications of members, commissioners, and clerk
Status: in_force

A person in the employ of or holding any official relation to any company subject to the supervision of the Commission, or engaged in the management of such company, or owning stock, bonds, or other securities thereof, or who is, in any manner, connected with the operation of such company in this State, shall not be a member or clerk of the Commission or Commissioner of Public Service; nor shall any person holding the office of member, clerk of the Commission, or Commissioner of Public Service personally or in connection with a partner or agent, render professional service for or against or make or perform any business contract with any company subject to such supervision, relating to the business of such company, except contracts made with them as common carriers or in regular course of public service; nor shall such person, directly or indirectly, receive from any such company any commission, present, or reward.
30 V.S.A. § 202 — VT Code / Title 30 / Chapter 5 / Section 202
§ 202. Electrical energy planning
Status: in_force

(a) The Department of Public Service, through the Director for Regulated Utility Planning, shall constitute the responsible utility planning agency of the State for the purpose of obtaining for all consumers in the State proper utility service at minimum cost under efficient and economical management consistent with other public policy of the State. The Director shall be responsible for the provision of plans for meeting emerging trends related to electrical energy demand, supply, safety, and conservation.

(b) The Department, through the Director, shall prepare the Electrical Energy Plan for the State. The Plan shall be for a 20-year period and shall serve as a basis for State electrical energy policy. The Electrical Energy Plan shall be based on the principles of “least-cost integrated planning” set out in and developed under section 218c of this title. The Plan shall include at a minimum:

(1) an overview, looking 20 years ahead, of statewide growth and development as they relate to future requirements for electrical energy, including patterns of urban expansion, statewide and service area economic growth, shifts in transportation modes, modifications in housing types, and design, conservation, and other trends and factors that, as determined by the Director, will significantly affect State electrical energy policy and programs;

(2) an assessment of all energy resources available to the State for electrical generation or to supply electrical power, including, among others, fossil fuels, nuclear, hydroelectric, biomass, wind, fuel cells, and solar energy and strategies for minimizing the economic and environmental costs of energy supply, including the production of pollutants, by means of efficiency and emission improvements, fuel shifting, and other appropriate means;

(3) estimates of the projected level of electrical energy demand;

(4) a detailed exposition, including capital requirements and the estimated cost to consumers, of how such demand shall be met based on the assumptions made in subdivision (1) of this subsection and the policies set out in subsection (c) of this section;

(5) specific strategies for reducing electric rates to the greatest extent possible in Vermont over the most immediate six-year period, for the next succeeding six-year period, and long-term sustainable strategies for achieving and maintaining the lowest possible electric rates over the full 20-year planning horizon consistent with the goal of maintaining a financially stable electric utility industry in Vermont; and

(6) recommendations for regional and municipal energy planning and standards for issuing a determination of energy compliance pursuant to 24 V.S.A. § 4352.

(c) In developing the Plan, the Department shall take into account the protection of public health and safety; preservation of environmental quality; the relevant goals of 24 V.S.A. § 4302; the potential for reduction of rates paid by all retail electricity customers; the potential for reduction of electrical demand through conservation, including alternative utility rate structures; use of load management technologies; efficiency of electrical usage; utilization of waste heat from generation; and utility assistance to consumers in energy conservation.

(d) In establishing plans, the Director shall:

(1) Consult with:

(A) the public;

(B) Vermont municipal utilities and planning commissions;

(C) Vermont cooperative utilities;

(D) Vermont investor-owned utilities;

(E) Vermont electric transmission companies;

(F) environmental and residential consumer advocacy groups active in electricity issues;

(G) industrial customer representatives;

(H) commercial customer representatives;

(I) the Public Utility Commission;

(J) an entity designated to meet the public's need for energy efficiency services under subdivision 218c(a)(2) of this title;

(K) other interested State agencies;

(L) other energy providers; and

(M) the regional planning commissions.

(2) To the extent necessary, include in the Plan surveys to determine needed and desirable plant improvements and extensions and coordination between utility systems, joint construction of facilities by two or more utilities, methods of operations, and any change that will produce better service or reduce costs. To this end, the Director may require the submission of data by each company subject to supervision, of its anticipated electrical demand, including load fluctuation, supplies, costs, and its plan to meet that demand and such other information as the Director deems desirable.

(e) The Department shall conduct public hearings on the final draft and shall consider the evidence presented at such hearings in preparing the final Plan. The Plan shall be adopted on or before January 1, 2016 and readopted in accordance with this section on or before every sixth January 15 thereafter, and shall be submitted to the General Assembly each time the plan is adopted or readopted. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the submission to be made under this subsection.

(f) After adoption by the Department of a final plan, any company seeking Commission authority to make investments, to finance, to site or construct a generation or transmission facility, or to purchase electricity or rights to future electricity shall notify the Department of the proposed action and request a determination by the Department whether the proposed action is consistent with the Plan. In its determination whether to permit the proposed action, the Commission shall consider the Department's determination of its consistency with the Plan along with all other factors required by law or relevant to the Commission's decision on the proposed action. If the proposed action is inconsistent with the Plan, the Commission may nevertheless authorize the proposed action if it finds that there is good cause to do so. The Department shall be a party to any proceeding on the proposed action, except that this section shall not be construed to require a hearing if not otherwise required by law.

(g) The Director shall annually review that portion of a Plan extending over the next six years. The Department, through the Director, shall biennially extend the Plan by two additional years and from time to time, and in any event every sixth year, institute proceedings to review a Plan and make revisions, where necessary. The six-year review and any interim revisions shall be made according to the procedures established in this section for initial adoption of the Plan. The six-year review and any revisions made in connection with that review shall be performed contemporaneously with readoption of the Comprehensive Energy Plan under section 202b of this title.

(h) The Plans adopted under this section shall become the electrical energy portion of the State Energy Plan.

(i) It shall be a goal of the Electrical Energy Plan to ensure, by 2028, that at least 60 MW of power are generated within the State by combined heat and power (CHP) facilities powered by renewable fuels as defined in section 8002 of this title. In order to meet this goal, the Plan shall include incentives for development and strategies to identify locations in the State that would be suitable for CHP. The Plan shall include strategies to ensure the consideration of CHP potential during any process related to the expansion of natural gas services in the State.

(j) For the purpose of assisting in the development of municipal and regional plans under 24 V.S.A. chapter 117, the Director shall, on request, provide municipal and regional planning commissions with publicly available information detailing the location of electric transmission and distribution infrastructure in the relevant municipality or region and the capacity of that infrastructure to accept additional electric generation facilities without modification. In providing this information, the Director shall be entitled to the assistance of the electric utilities that own electric transmission or distribution systems, or both, located in Vermont, including the ability to obtain from those utilities such publicly available data as the Director considers necessary to discharge his or her duties under this subsection.
30 V.S.A. § 229 — VT Code / Title 30 / Chapter 5 / Section 229
§ 229. Rebates; exceptions
Status: in_force

A public service company shall not directly or indirectly or by any special rate, rebate, drawback, or other device or method make any deviation from the rates, fares, charges, or prices for any service rendered by it or in services rendered or to be rendered in connection therewith, as specified in its schedules of charges in effect at the time such service was rendered. No public service company may enter into any contract, agreement, or arrangement relating to the furnishing or rendering of any special product or special service not provided for or covered in the schedule without the prior approval of the Commission. However, nothing in this section shall prohibit the giving by any public service company of free or reduced rate service to its employees, or in case of public emergency, or to the classes defined and provided for in the act of Congress entitled “An act to regulate commerce,” as codified in 49 U.S.C. § 10101 et seq., as amended. Subject to the approval of the Commission, it shall be lawful for any public utility to make a contract for a definite term for its product or service.
30 V.S.A. § 8094 — VT Code / Title 30 / Chapter 92 / Section 8094
§ 8094. Evaluation of commercial wireless networks
Status: in_force

(a) No company subject to Public Utility Commission jurisdiction and providing electric service shall begin construction of a two-way point-to-multipoint mobile wireless communication network for the purpose of communication between its facilities for its own personnel unless:

(1) the company has solicited proposals from commercial wireless service providers; and

(2) for solicitations issued after July 1, 2008, the company has provided notice prior to the solicitation to the Vermont Telecommunications Authority and to the Commissioner of Public Service and the Director for Public Advocacy.

(b) Nothing in this section shall be construed to authorize or disallow the costs of such a network for the purpose of a rate proceeding for the company.
30 V.S.A. § 2703 — VT Code / Title 30 / Chapter 75 / Section 2703
§ 2703. Telephone service
Status: in_force

On application of a telegraph or telephone company and upon reasonable terms, a person or corporation owning, controlling, or operating a telephone exchange or service in this State shall furnish such applicant with the use of a telephone or telephones, and telephonic service and connection with the respective exchanges and the subscribers, without discriminating between telegraph or telephone companies as to the connection, service, or use of instruments furnished or charges made.
30 V.S.A. § 226 — VT Code / Title 30 / Chapter 5 / Section 226
§ 226. Rates, hearings, bond
Status: in_force

(a) Except in the case of municipal companies formed under local charter or under chapter 79 and cooperatives formed under chapter 81 of this title, upon six days' notice to the company affected, the Commission may suspend a rate change until it makes a final determination on the request for a rate change. However, if it shall be made to appear to the satisfaction of the Commission, that the public interest requires a change in rates, charges, or services, or that such change is necessary for the purpose of providing adequate and efficient service or for the preservation of the property of the public service company devoted to public use, the Commission, after public notice and preliminary hearing, shall authorize upon such terms, conditions, or safeguards as it deems proper an immediate reasonable temporary increase in such price pending the final determination of the price to be thereafter charged by any such public service company and the Commission may as a condition of its order allowing such temporary increase, require the petitioning company to file with the Commission a bond running to the Commission members and their successors in office in amount and with sureties approved by the Commission, conditioned that within a reasonable time prescribed by the Commission after the termination of such proceedings, the company shall, with interest, repay to or may credit the account of the persons from whom such changed rates shall be collected all sums collected in excess of the rate in force at the time such changes are filed or of such rate as shall be determined to be just and reasonable. If the Commission fails to determine the application for temporary rates, if requested, within 30 days after it is made or within 45 days after suspension, whichever is later, the requested temporary rates shall take effect subject to refund as provided in this subsection.

(b) In the case of municipal companies formed under local charter or under chapter 79 and cooperatives formed under chapter 81 of this title, the Public Utility Commission shall not be empowered to suspend a change in the rates of a municipality or of a cooperative pending final determination as to the justness or reasonableness of such change, but the Commission shall require that the municipality or cooperative refund revenues collected in excess of those that are finally determined to be just and reasonable. Any increase in the rates of a municipality or cooperative shall be implemented by means of an identical percentage increase to each class or division of ratepayers under rate design tariffs previously approved by the Public Utility Commission until such time as the Public Utility Commission shall specifically approve an alteration in such rate design and corresponding tariffs.

(c) If the Department does not oppose the change as provided in section 225 of this title, five persons adversely affected by the change, or, if the change adversely affects fewer than five persons, any one person so affected may apply at their own expense to the Commission by petition alleging why the change is unreasonable and unjust and asking that the Commission investigate the matter and make such orders as justice and law require. The petition shall be filed within 38 days of the date of the notice of rate change that was filed pursuant to section 225 of this title. The Commission may suspend the rates as a result of the petition. The Commission may hold a hearing on the petition. Whether or not a hearing is held, the Commission shall make such orders as justice and law require.
30 V.S.A. § 3082 — VT Code / Title 30 / Chapter 82 / Section 3082
§ 3082. Admission of district members
Status: in_force

The board may authorize the inclusion of additional district members in the communications union district upon such terms and conditions as it in its sole discretion shall deem to be fair, reasonable, and in the best interests of the district. The legislative body of any nonmember municipality that desires to be admitted to the district shall make application for admission to the board. The board shall determine the financial, economic, governance, and operational effects that are likely to occur if such municipality is admitted and thereafter either grant or deny authority for admission of the petitioning municipality. If the board grants such authority, it shall also specify any terms and conditions, including financial obligations, upon which such admission is predicated. Upon resolution of the board, such applicant municipality shall become and thereafter be a district member.
30 V.S.A. § 235 — VT Code / Title 30 / Chapter 5 / Section 235
§ 235. Heating and process fuel efficiency program
Status: in_force

(a) After consultation with fuel dealers, any appointed efficiency entity, financial institutions, the Commission, representatives of the weatherization program, and other stakeholders, the Department of Public Service shall propose, develop, solicit, and monitor any combination of energy efficiency and conservation programs, measures, and compensation mechanisms to provide fuel efficiency services on a statewide basis for Vermont heating or process fuel consumers. The Department shall select one or more service providers as needed and pursuant to a competitive bidding process to implement those programs, measures, or compensation mechanisms by means of performance-based contracts that are based upon verified savings in energy usage and demand, and other performance targets. The contracts entered into during the first year after March 19, 2008 shall be for a period of time of no greater than three years. Those programs, measures, and compensation mechanisms shall include fuel efficiency services that:

(1) produce whole building and process heat efficiency, regardless of the fuel type used;

(2) facilitate appropriate fuel switching; and

(3) promote coordination, to the fullest practical extent, with the electric efficiency programs established and administered pursuant to this chapter, as well as with low-income weatherization programs and any utility energy efficiency programs.

(b) Prior to the Department of Public Service entering a contract with service providers under this section and after such notice and hearings as it may require, the Public Utility Commission shall review the programs, measures, and compensation mechanisms selected by the Department to determine whether these programs, measures, and compensation mechanisms promote the public good. The Commission may alter or impose conditions on any combination of these programs, measures, or compensation mechanisms as it deems necessary to promote the public good. If the Department thereafter changes the programs, measures, or compensation mechanisms, it shall request review under this section by the Commission prior to implementing those changes.

(c) Funding for the program established under this section shall be provided from the Fuel Efficiency Fund established under section 203a of this title. During fiscal year 2009, any contracts or grants to be made from the Fund for other than administrative purposes shall be subject to appropriation by the General Assembly. The Department shall provide the Joint Fiscal Committee, at the Committee's November 2008 meeting, with a preliminary report on the program to be presented to the Public Utility Commission.

(d) The Department, subject to the oversight of the Commission, shall:

(1) Ensure that all retail consumers, regardless of retail electricity, gas, or heating or process fuel provider, will have an opportunity to participate in and benefit from a comprehensive set of cost-effective energy efficiency programs and initiatives designed to overcome barriers to participation.

(2) Require that continued or improved efficiencies be made in the production, delivery, and use of energy efficiency services, including the use of compensation mechanisms that are based upon verified savings in energy usage and demand, and other performance targets specified by the Commission. The linkage between compensation and verified savings in energy usage and demand (and other performance targets) shall be reviewed and adjusted not less than triennially by the Commission.

(3) Build on the energy efficiency expertise and capabilities that have developed or may develop in the State.

(4) Promote program initiatives and market strategies that address the needs of persons or businesses facing the most significant barriers to participation.

(5) Promote coordinated program delivery, including coordination with low-income weatherization programs, other efficiency programs, and utility programs.

(6) Consider innovative approaches to delivering energy efficiency, including strategies to encourage third-party financing and customer contributions to the cost of efficiency measures.

(7) Provide a reasonably stable multiyear budget and planning cycle in order to promote program improvement, program stability, enhanced access to capital and personnel, improved integration of program designs with the budgets of regulated companies providing energy services, and maturation of programs and delivery resources.

(8) Develop and approve programs, measures, and delivery mechanisms that reasonably reflect current and projected market conditions, technological options, and environmental benefits.

(9) Provide for delivery of these programs as rapidly as possible, taking into consideration the need for these services, and cost-effective delivery mechanisms.

(10) Provide for the independent evaluation of programs delivered under this section.

(11) Require that any service provider under this section deliver programs in an effective, efficient, timely, and competent manner and meet standards that are consistent with those in section 218c of this title, the Board's orders in Public Service Board docket 5270, and any relevant Board orders in subsequent energy efficiency proceedings.

(12) Require verification, on or before January 1, 2011, and every three years thereafter, by an independent auditor of the reported energy and capacity savings and cost-effectiveness of programs delivered by any entity selected to be a service provider under this section.

(13) Ensure that any energy efficiency program implemented under this section shall be reasonable and cost-effective.

(14) Consider the impact of programs delivered under this section on the amount of fuel used, fuel prices, and fuel bills.

(15) Ensure that the energy efficiency programs implemented under this section are designed to make continuous and proportional progress toward attaining the overall State building efficiency goals established by 10 V.S.A. § 581, by promoting all forms of energy end-use efficiency and comprehensive sustainable building design.

(e) Any disputes under this section shall be resolved by the Commission.
30 V.S.A. § 7056 — VT Code / Title 30 / Chapter 87 / Section 7056
§ 7056. Municipal cooperation; enhanced ANI/ALI capability
Status: repealed

(a) Each municipality, by its legislative body, may participate in the Enhanced 911 system. Municipalities choosing to participate shall identify all building locations and other public and private locations frequented by the public and shall cooperate in the development and maintenance of the necessary databases. The Board shall work with municipalities to identify nonmonetary incentives designed to streamline and reduce the administrative burdens imposed by this requirement. Any municipality that changes its system for addresses shall ensure that the modified address system is consistent with the standards established by the Board.

(b) After July 1, 1994, any municipality that changes its system for addresses shall ensure that the modified address system is consistent with the standards established by the Board.

(c)-(e) [Repealed.]
30 V.S.A. § 8008 — VT Code / Title 30 / Chapter 89 / Section 8008
§ 8008. Agreements; attribute revenues; disposition by Commission
Status: in_force

(a) As used in this section, “the revenues” means revenues that are from the sale, through tradeable renewable energy certificates or other means, of environmental attributes associated with the generation of renewable energy from a system of generation resources with a total plant capacity greater than 200 MW and that are received by a Vermont retail electricity provider on or after May 1, 2012, pursuant to an agreement, contract, memorandum of understanding, or other transaction in which a person or entity agrees to transfer such revenues or rights associated with such attributes to the provider.

(b) After notice and opportunity for hearing, the Commission shall determine the disposition, allocation, and use of the revenues in a manner that promotes State energy policy as stated in section 202a of this title and the goals of this chapter and supports achievement of the greenhouse gas reduction and building efficiency goals contained in 10 V.S.A. §§ 578(a) and 581.

(1) The Commission shall provide notice of the proceeding to each Vermont retail electricity provider, the Department, the Clean Energy Development Board under 10 V.S.A. § 6523, each fuel efficiency service provider appointed under subsection 203a(b) of this title, each energy efficiency entity appointed under subdivision 209(d)(2) of this title, the Institute for Energy and the Environment at the Vermont Law School, the Transportation Research Center at the University of Vermont, and any other persons or entities that have requested notice. The Commission may provide notice to additional persons or entities.

(2) In determining the disposition, allocation, and use of the revenues, the Commission shall consider each of the following potential uses of the revenues:

(A) Development of in-state renewable energy resources.

(B) Deposit into the Clean Energy Development Fund for use pursuant to section 8015 of this title.

(C) Deposit into the Fuel Efficiency Fund for use pursuant to section 203a of this title.

(D) Deposit into the Electric Efficiency Fund for use pursuant to section 209(d) of this title.

(E) Application, for the benefit of ratepayers, to the revenue requirement of one or more Vermont retail electricity providers.

(F) Development of transportation alternatives to vehicles that use gasoline such as electric or natural gas vehicles and supporting infrastructure and the coordination of such development with so-called “smart grid” electric transmission and distribution networks.

(G) Any other uses that support the statutory policy and goals referenced in this subsection (b).

(c) A Vermont retail electricity provider shall notify the Commission within 30 days of the first receipt of the revenues pursuant to an agreement, contract, memorandum of understanding, or other transaction under which it will receive the revenues. The Commission shall open a proceeding under this section promptly on receipt of such notice and shall issue a final order in the proceeding within 12 months following such receipt.

(d) Any of the revenues that are received prior to completion of the 12-month period described in subsection (c) of this section shall be credited, for the benefit of ratepayers, against the revenue requirement of the Vermont retail electricity provider that receives the revenues.
30 V.S.A. § 3044 — VT Code / Title 30 / Chapter 81 / Section 3044
§ 3044. Approval by members of cooperative
Status: in_force

(a) With respect to matters not subject to section 248 of this title, a cooperative established under this chapter shall obtain the approval of the voters of the cooperative before in any way:

(1) purchasing electric capacity or energy from outside the State:

(A) for a period exceeding five years, that represents more than three percent of its historic peak demand, unless the purchase is from a plant that produces electricity from renewable energy; or

(B) for a period exceeding 10 years, that represents more than 10 percent of its historic peak demand, if the purchase is from a plant that produces electricity from renewable energy;

(2) investing in an electric generation or transmission facility located outside this State; or

(3) beginning site preparation for or construction of an electric generation facility within the State, or an electric transmission facility within the State that is designed for immediate or eventual operation at any voltage or exercising the right of eminent domain in connection with site preparation for or construction of any such transmission or generation facility, except for the replacement of existing facilities with equivalent facilities in the usual course of business.

(b) A cooperative shall obtain the approval required by subsection (a) of this section by a vote of a majority of the voters of the cooperative voting upon the question at a duly warned annual or special meeting to be held for that purpose. Prior to the meeting, the cooperative may provide to the voters an assessment of any risks and benefits of the proposed action.

(c) In this section, “plant” and “renewable energy” have the same meaning as in section 8002 of this title.
30 V.S.A. § 3021 — VT Code / Title 30 / Chapter 81 / Section 3021
§ 3021. Merger; requirements
Status: in_force

One or more cooperatives, each of which is designated a “merging cooperative,” may merge into another cooperative, designated the “surviving cooperative,” by complying with the following requirements:

(1) The proposition for the merger of the merging cooperatives into the surviving cooperative and proposed articles of merger to give effect to shall be submitted to a meeting of the members of each merging cooperative and of the surviving cooperative, the notice of which shall have attached to it a copy of the proposed articles of merger.

(2) If the proposed merger and the proposed articles of merger, with amendments, are approved by the affirmative vote of not less than two-thirds of those members of each cooperative voting at each meeting, articles of merger in the form approved shall be executed and acknowledged on behalf of each cooperative by its president or vice president and its seal shall be affixed to it and attested by its secretary. The articles of merger shall recite that they are executed pursuant to this chapter and shall state: (A) the name of each merging cooperative and the address of its principal office; (B) the name of the surviving cooperative and the address of its principal office; (C) a statement that each merging cooperative and the surviving cooperative agree to the merger; (D) the names and addresses of the directors of the surviving cooperative; and (E) the terms and conditions of the merger and the mode of carrying the same into effect, including the manner in which members of the merging cooperatives may become members of the surviving cooperative. The articles may contain provisions not inconsistent with law or this chapter deemed necessary or advisable for the conduct of the business of the surviving cooperative. The president or vice president of each cooperative executing articles of merger shall make and attach to an affidavit stating that the provisions of this section in respect to the articles were duly complied with by the cooperative.
30 V.S.A. § 7006 — VT Code / Title 30 / Chapter 86 / Section 7006
§ 7006. Marking of underground utility facilities
Status: in_force

A company notified in accordance with section 7005 of this title shall, within 72 hours, exclusive of Saturdays, Sundays, and legal holidays, after the receipt of the notice, mark the approximate location of its underground utility facilities in the area of the proposed excavation activities; provided, however, if the company advises the person that the proposed excavation area is of such length or size that the company cannot reasonably mark all of the underground utility facilities within 72 hours, the person shall notify the company of the specific locations in which the excavation activities will first occur and the company shall mark facilities in those locations within 72 hours and the remaining facilities within a reasonable time thereafter. A company and an excavator may by agreement fix a later time for the company's marking of the facilities, provided the marking is made prior to excavation activities. For the purposes of this chapter, the approximate location of underground facilities shall be marked with stakes, paint, or other physical means as designated by the Commission.
30 V.S.A. § 231 — VT Code / Title 30 / Chapter 5 / Section 231
§ 231. Certificate of public good; abandonment of service; hearing
Status: in_force

(a) A person, partnership, unincorporated association, or previously incorporated association that desires to own or operate a business over which the Public Utility Commission has jurisdiction under the provisions of this chapter shall first petition the Commission to determine whether the operation of such business will promote the general good of the State and shall at that time file a copy of any such petition with the Department. The Department, within 12 days, shall review the petition and file a recommendation regarding the petition in the same manner as is set forth in subsection 225(b) of this subchapter. The recommendation shall set forth reasons why the petition shall be accepted without hearing or shall request that a hearing on the petition be scheduled. If the Department requests a hearing on the petition, or, if the Commission deems a hearing necessary, it shall appoint a time and place in the county where the proposed corporation is to have its principal office for hearing the petition. Notice of the hearing shall be given in accordance with section 10 of this title and shall be published on the Commission's website and once in a newspaper of general circulation in the county in which the hearing will occur. The website notice shall be maintained through the date of the hearing. The newspaper notice shall include an internet address where more information regarding the petition may be viewed. The Director for Public Advocacy shall represent the public at the hearing. If the Commission finds that the operation of the business will promote the general good of the State it shall give the person, partnership, unincorporated association, or previously incorporated association a certificate of public good specifying the business and territory to be served by such petitioners. For good cause, after opportunity for hearing, the Commission may amend or revoke any certificate awarded under the provisions of this section. If any certificate is revoked, the person, partnership, unincorporated association, or previously incorporated association shall no longer have authority to conduct any business that is subject to the jurisdiction of the Commission whether or not regulation has been reduced or suspended, under section 226a or 227a of this subchapter.

(b) A company subject to the general supervision of the Public Utility Commission under section 203 of this title may not abandon or curtail any service subject to the jurisdiction of the Commission or abandon all or any part of its facilities if it would in doing so effect the abandonment, curtailment, or impairment of the service, without first obtaining approval of the Public Utility Commission, after notice and opportunity for hearing, and upon finding by the Commission that the abandonment or curtailment is consistent with the public interest; provided, however, this section shall not apply to disconnection of service pursuant to valid tariffs or to rules adopted under subsections 209(b) and (c) of this title.

(c) An energy storage aggregator that operates an energy storage facility is subject to this section only if the aggregator is not a retail electric provider.

(d) Notwithstanding any other State law to the contrary, a municipality shall have the authority to construct, operate, set rates for, finance, and use eminent domain for a thermal energy exchange network utility without a certificate of public good or approval by the Commission. Nothing in this section shall alter the requirements of 10 V.S.A. chapter 151, including for district energy projects such as those described in subdivision 209(e)(1) of this title.
30 V.S.A. § 110 — VT Code / Title 30 / Chapter 3 / Section 110
§ 110. Eminent domain; companies authorized
Status: in_force

When it is necessary for a corporation formed under this chapter or a foreign corporation under the jurisdiction of the Public Utility Commission to acquire property within this State, or some easement or other limited right in property in order that it may render adequate service to the public in the conduct of its business, it may condemn property or right, as provided in sections 111–124 of this chapter. All other companies, as defined in sections 201 and 501 of this title, which are within the scope of sections 203 and 501 of this title, shall have the same power of condemnation and be subject to the same procedure as provided for condemnation by corporations subject to the jurisdiction of the Public Utility Commission.
30 V.S.A. § 218d — VT Code / Title 30 / Chapter 5 / Section 218d
§ 218d. Alternative regulation of electric and natural gas companies
Status: in_force

(a) Notwithstanding section 218 and sections 225-227 of this title, upon petition of an electric or natural gas company, upon request of the Department of Public Service, or on its own initiative, the Public Utility Commission may, after opportunity for hearing, approve alternative forms of regulation for an electric or natural gas company; provided, however, in the case of a municipal plant or department formed under local charter or chapter 79 of this title or an electric cooperative formed under chapter 81 of this title, any alternative forms of regulation approved by the Commission shall also be approved by a majority of the voters of a municipality or cooperative voting upon the question at a duly warned annual or special meeting held for that purpose. Before doing so, the Commission shall find that the proposed form of alternative regulation will:

(1) establish a system of regulation in which such companies have clear incentives to provide least cost energy service to their customers;

(2) provide just and reasonable rates for service to all classes of customers;

(3) deliver safe and reliable service;

(4) offer incentives for innovations and improved performance that advance state energy policy such as increasing reliance on Vermont-based renewable energy and decreasing the extent to which the financial success of distribution utilities between rate cases is linked to increased sales to end use customers and may be threatened by decreases in those sales;

(5) promote improved quality of service, reliability, and service choices;

(6) encourage innovation in the provision of service;

(7) establish a reasonably balanced system of risks and rewards that encourages the company to operate as efficiently as possible using sound management practices; and

(8) provide a reasonable opportunity, under sound and economical management, to earn a fair rate of return, provided such opportunity must be consistent with flexible design of alternative regulation and with the inclusion of effective financial incentives in such alternatives.

(b) If savings result from alternative regulation, the savings shall be shared with ratepayers as determined by the Commission.

(c) In the case of a municipal plant or department formed under local charter or chapter 79 of this title or an electric cooperative formed under chapter 81 of this title, alternative regulation may include authority for local elected officials to set and revise rates.

(d) Alternative regulation may include such changes or additions to, waivers of, or alternatives to, traditional rate-making procedures, standards, and mechanisms, including substantive changes to rate base-rate of return rate setting, as the Commission finds will promote the public good and will support the required findings in subsection (a) of this section. In addition, the Commission shall not allow a company to set aside funds collected from ratepayers for the purpose of supporting a future expansion or upgrade of its transmission or distribution network except after notice and opportunity for hearing and only if all of the following apply:

(1) There is a cost estimate for the expansion or upgrade that the company demonstrates is consistent with the principles of least-cost integrated planning as defined in section 218c of this title.

(2) The amount of such funds does not exceed 20 percent of the estimated cost of the expansion or upgrade.

(3) Interest earned on the funds is credited to the ratepayers.

(4) The funds are not disbursed to the company until after expansion or upgrade is in service.

(5) The funds are not used to defray any portion of the costs of expansion or upgrade in excess of the cost estimate described in subdivision (1) of this subsection.

(e) The Public Utility Commission may establish, by rule or order, requirements governing the filing of a petition to approve an alternative regulation plan.

(f) The Commission shall act on the petition within 12 months of the filing of a petition that complies with the Commission's rules.

(g) An alternative regulation plan shall take effect not sooner than 30 days following its approval by the Commission.

(h) The Commission may establish, by rule or order, and may amend from time to time standards and procedures by which the effectiveness of the alternative form of regulation can be determined.

(i) The Commission, on its own motion or the motion of the Department of Public Service or a company operating under an alternative regulation plan pursuant to this section, may investigate any alternative regulation plan that is in effect. Following notice and an opportunity for hearing, the Commission may terminate or modify the alternative regulation plan upon a finding of good cause. Where the Commission revokes prior approval, the Commission shall determine whether the company's current rates are just and reasonable, and, if not, shall establish new rates that are just and reasonable.

(j) Notwithstanding any provision of this section, a company may file for rates determined under and in accordance with sections 218, 225, 226, and 227 of this title to be effective at the time of the termination of any approved alternative regulation plan.

(k) In the case of a municipal utility, the Commission shall approve an alternative regulation plan only if the Commission finds that the plan will:

(1) Permit the municipal plant or department to fulfill all of its obligations, including its obligations to the holders of bonds issued under local charter or State law.

(2) Not violate existing covenants in outstanding municipal bonds or in contracts securing bonds issued by the Vermont Public Power Supply Authority.

(3) Not impair the municipality's access to capital, including that in the municipal bond market. The Commission will consider the opinion of the utility's bond counsel in making this decision.

(4) Not impair the municipal utility's ability to participate in future bond issues by the Authority as contemplated by chapter 84 of this title. The Commission will consider the opinion of the Vermont Public Power Supply Authority in making this decision.

(l) In the case of an electric cooperative, the Commission shall approve an alternative regulation plan only if the Commission finds the plan will not violate covenants in existing mortgages or impair the cooperative's access to capital.

(m) In the case of an investor-owned company, the Commission shall approve an alternative regulation plan, only if the Commission finds the plan will:

(1) not have an adverse impact on the electric company's eligibility for rate-regulated accounting in accordance with generally accepted accounting standards if applicable; and

(2) reasonably preserve the availability of equity and debt capital resources to the company on favorable terms and conditions.

(n)(1) Notwithstanding subsection (a) of this section and sections 218, 225, 226, 227, and 229 of this chapter, a municipal company formed under local charter or under chapter 79 of this title and an electric cooperative formed under chapter 81 of this title shall be authorized to change its rates for service to its customers if the rate change is:

(A) applied to all customers equally;

(B) not more than three percent during any 12-month period;

(C) cumulatively not more than 10 percent from the rates last approved by the Commission; and

(D) not going to take effect more than 10 years from the last approval for a rate change from the Commission.

(2) The municipal company or electric cooperative shall provide written notice of a rate change pursuant to this subsection to its customers, the Department of Public Service, and the Commission at least 45 days prior to implementing the rate change. Included with the submission shall be a rate analysis describing the rationale for the rate change. Unless an objection to the rate change is filed by the Department of Public Service with the Commission within 45 days following this notice or the Commission orders an investigation on its own motion, the municipal company or electric cooperative may implement the rate change.

(3) If the Department does not object to the change within 30 days, five persons adversely affected by the change may apply at their own expense to the Commission by petition alleging why the change is unreasonable and unjust and asking that the Commission investigate the matter and make such orders as justice and law require.

(4) A municipal company or electric cooperative shall be eligible to change its rates pursuant to this subsection only if it has received approval for a rate change from its governing body at a duly warned meeting held for such purpose prior to filing its written notice with the Department and the Commission.

(5) The Commission shall establish, by rule or order, standards and procedures for implementing this subsection.

(o)(1) Notwithstanding subsections (a) and (n) of this section and sections 218, 225, 226, 227, and 229 of this chapter, a municipal company formed under local charter or under chapter 79 of this title and an electric cooperative formed under chapter 81 of this title shall be authorized to offer innovative rates or services to their customers as pilot programs without obtaining prior approval from the Commission if the rate or service:

(A) is designed to satisfy the requirements of subdivision 8005(a)(3) of this title or to advance the goals of the State Comprehensive Energy Plan;

(B) has a duration of 18 months or less; and

(C) shall not result in:

(i) additions of more than two percent of the municipal company's or electric cooperative's net assets; or

(ii) an increase in the municipal company's or electric cooperative's overall cost-of-service by more than two percent.

(2) The municipal company or electric cooperative shall provide written notice of an innovative rate or service to its customers, the Department of Public Service, and the Commission at least 45 days prior to offering the innovative rate or service to its customers. Included with the submission shall be the terms and conditions of service. Unless an objection to the innovative rate or service is filed with the Commission within 45 days following this notice or the Commission orders an investigation on its own motion, the municipal company or electric cooperative may commence offering the innovative rate or service to its customers.

(3) The municipal company or electric cooperative shall provide written notice to the Department of Public Service and the Commission at least 45 days prior to the end of an innovative rate or service duration period with any proposed modifications to the terms and conditions. Unless an objection to the innovative rate or service is filed with the Commission within 45 days following this notice or the Commission orders an investigation on its own motion, the municipal company or electric cooperative may continue offering the innovative rate or service to its customers. The Commission may allow for the innovative rate or service to remain in effect pending the outcome of an investigation into the notice filing.

(4) The Commission may establish, by rule or order, standards and procedures for implementing and interpreting this section.
30 V.S.A. § 202f — VT Code / Title 30 / Chapter 5 / Section 202f
§ 202f. Telecommunications and Connectivity Advisory Board
Status: in_force

(a) There is created the Telecommunications and Connectivity Advisory Board for the purpose of making recommendations to the Commissioner of Public Service regarding his or her telecommunications responsibilities and duties as provided in this section. The Connectivity Advisory Board shall consist of eight members selected as follows:

(1) the State Treasurer or designee;

(2) the Secretary of Commerce and Community Development or designee;

(3) five at-large members appointed by the Governor, who shall not be employees or officers of the State at the time of appointment; and

(4) the Secretary of Transportation or designee.

(b) A quorum of the Connectivity Advisory Board shall consist of four voting members. No action of the Board shall be considered valid unless the action is supported by a majority vote of the members present and voting and then only if at least four members vote in favor of the action. The Governor shall select, from among the at-large members, a chair and vice chair.

(c) In making appointments of at-large members, the Governor shall give consideration to citizens of the State with knowledge of telecommunications technology, telecommunications regulatory law, transportation rights-of-way and infrastructure, finance, environmental permitting, and expertise regarding the delivery of telecommunications services in rural, high-cost areas. However, the five at-large members may not be persons with a financial interest in or owners or employees of an enterprise that provides broadband or cellular service or that is seeking in-kind or financial support from the Department of Public Service. The conflict of interest provision in this subsection shall not be construed to disqualify a member who has ownership in a mutual fund, exchange traded fund, pension plan, or similar entity that owns shares in such enterprises as part of a broadly diversified portfolio. The at-large members shall serve terms of two years beginning on February 1 in odd-numbered years and until their successors are appointed and qualified. However, three of the five at-large members first appointed by the Governor shall serve an initial term of three years. Vacancies shall be filled for the balance of the unexpired term. A member may be reappointed for up to three consecutive terms. Upon completion of a term of service for any reason, including the term's expiration or a member's resignation, and for one year from the date of such completion, a former Board member shall not advocate before the Connectivity Board, Department of Public Service, or the Public Utility Commission on behalf of an enterprise that provides broadband or cellular service.

(d) Except for those members otherwise regularly employed by the State, the compensation of the Board's members is that provided by 32 V.S.A. § 1010(a). All members of the Board, including those members otherwise regularly employed by the State, shall receive their actual and necessary expenses when away from home or office upon their official duties.

(e) In performing its duties, the Connectivity Advisory Board may use the legal and technical resources of the Department of Public Service. The Department of Public Service shall provide the Board with administrative services.

(f) The Connectivity Advisory Board shall:

(1) function in an advisory capacity to the Commissioner on the development of State telecommunications policy and planning, including the action plan required under subdivision 202e(b)(6) of this chapter and the State Telecommunications Plan; and

(2) annually provide the Commissioner with recommendations on the appropriate internet access speeds for publicly funded telecommunications and connectivity broadband projects.

(g) On November 15, 2019, and annually thereafter, the Commissioner shall submit to the Connectivity Advisory Board an accounting of monies in the Connectivity Fund and anticipated revenue for the next year.

(h) The Chair shall call the first meeting of the Connectivity Advisory Board. The Chair or a majority of Board members may call a Board meeting. The Board may meet up to six times a year.

(i) At least annually, the Connectivity Advisory Board and the Commissioner or designee shall jointly hold a public meeting to review and discuss the status of State telecommunications policy and planning, the Telecommunications Plan, the Connectivity Fund, the Connectivity Initiative, the High-Cost Program, and any other matters they deem necessary to fulfill their obligations under this section.

(j) Information and materials submitted by a telecommunications service provider concerning confidential financial or proprietary information shall be exempt from public inspection and copying under the Public Records Act, nor shall any information that would identify a provider who has submitted a proposal under the Connectivity Initiative be disclosed without the consent of the provider, unless a grant award has been made to that provider. Nothing in this subsection shall be construed to prohibit the publication of statistical information, determinations, reports, opinions, or other information, provided the data are disclosed in a form that cannot identify or be associated with a particular telecommunications service provider.
30 V.S.A. § 3006 — VT Code / Title 30 / Chapter 81 / Section 3006
§ 3006. Bylaws
Status: in_force

The board of directors shall adopt bylaws of a cooperative to be adopted following an incorporation, conversion, merger, or consolidation. Thereafter the members shall adopt, amend, or repeal the bylaws pursuant to the provisions thereof but in no case by the vote of less than a majority of those members voting thereon at a meeting of the members. The bylaws shall set forth the rights and duties of members and directors and may contain other provisions for the regulation and management of the affairs of the cooperative not inconsistent with this chapter or with its articles of incorporation.
30 V.S.A. § 509 — VT Code / Title 30 / Chapter 13 / Section 509
§ 509. Amendment and revocation; fines; assurance of discontinuance
Status: in_force

(a) For good cause, after opportunity for hearing, the Commission may amend or revoke any certificate of public good awarded pursuant to section 503 or 504 of this title.

(b) If the Commission finds that a company has violated any material provision of its certificate or this chapter, it shall allow the company a reasonable opportunity to cure the violation. Thereafter, in the event of failure to cure, the Commission may enter an order revoking the certificate. In addition, the Commission may impose a civil penalty in an amount not to exceed $1,000.00 per day nor a total of $20,000.00 for each violation unless otherwise provided in the certificate of public good, after giving due consideration to the size of the company, severity of the violation, and efforts to cure.

(c) In any case in which the Commission may revoke a certificate, in lieu thereof, the Commission may accept an assurance of discontinuance of any method, act, or practice from any company. The assurance may include a stipulation for affirmative action by such company, payment of the costs of investigation, or of an amount to be held in escrow pending the outcome of an action or as restitution to aggrieved consumers, or any combination of those options. Any assurance of discontinuance shall be in writing and may be sought and negotiated by the Department of Public Service, subject to the approval of the Commission. Proof of a violation of an assurance shall be prima facie evidence of violation of this chapter, or of the terms and conditions of a certificate granted under this chapter.
30 V.S.A. § 218a — VT Code / Title 30 / Chapter 5 / Section 218a
§ 218a. Permanent telecommunications relay service
Status: in_force

(a)(1) The Department of Public Service shall develop the necessary standards for the establishment of a permanent, statewide telecommunications relay service and for an associated equipment program.

(2) The standards developed by the Department shall be equal to or exceed those standards mandated by the Americans With Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327 (1990)) and expressly require that the designated provider of Vermont's telecommunications relay services comply, as expeditiously as possible, with any additional federal regulations that may be promulgated by the Federal Communications Commission in accordance with the provisions of this section.

(b) The Department of Public Service shall issue a request for proposal seeking competitive bids from qualified vendors to provide telecommunications relay services and competitive bids from qualified vendors to provide telecommunications equipment in accordance with the provisions of this section, including the standards developed under subsection (a) of this section. The term of any contract shall not exceed four years.

(c) The Department of Public Service may contract with the qualified bidder offering the most favorable proposal, giving due consideration to costs, to quality of service, and to the interests of the community of people who are deaf, hard of hearing, or have speech limitations.

(d)(1) The Department of Public Service shall establish the Vermont Telecommunications Relay Service Advisory Council composed of the following members: one representative of the Department of Public Service designated by the Commissioner of Public Service; one representative of the Department of Disabilities, Aging, and Independent Living; two representatives of the deaf community; one member of the community of people who are hard of hearing or have a speech limitation; one representative of a company providing local exchange service within the State; and one representative of an organization currently providing telecommunications relay services.

(2)(A) The Council shall elect from among its members a chair and vice chair. Meetings shall be convened at the call of the Chair or a majority of the members of the Council. The Council shall meet not more than six times a year.

(B) The members of the Council who are not officers or employees of the State shall receive per diem compensation and expense reimbursement in amounts authorized by 32 V.S.A. § 1010(b). The costs of the compensation and reimbursement and any other necessary administrative costs shall be included within the contract entered into under subsection (c) of this section.

(3) The Council shall advise the Department of Public Service and the contractor for telecommunications relay services on all matters concerning the implementation and administration of the State's telecommunications relay service, including the telecommunications equipment grant program established pursuant to subsection (e) of this section.

(e)(1) The Department shall propose and the Commission shall establish by rule or order a telecommunications equipment grant program to assist persons who are deaf, deaf-blind, hard of hearing, have a speech limitation, and persons with physical disabilities that limit their ability to use standard telephone equipment to communicate by telephone.

(2) Pursuant to this program, a person who is deaf, deaf-blind, hard of hearing, has a speech limitation, or a person with a physical disability that limits his or her ability to use standard telephone equipment whose modified adjusted gross income as defined in 32 V.S.A. § 5829(b)(1) for the preceding taxable year was less than 200 percent of the official poverty line established by the U.S. Department of Health and Human Services for a family of six or the actual number in the family, whichever is greater, published as of October 1 of the preceding taxable year, may be eligible for a benefit toward the purchase, upgrade, or repair of equipment used to access the relay service or otherwise communicate by telephone. The total benefits allocable under this subsection shall not exceed $75,000.00 per year.

(3) In adopting rules, the Commission shall consider the following:

(A) prior benefits;

(B) degree of functional need;

(C) income;

(D) number of applicants;

(E) disposition of equipment upon change of residence; and

(F) appropriate limits on per person benefit levels based on the equipment needed and the income level of the applicant.

(f) The costs of the State's telecommunications relay service and any equipment benefit under subsection (e) of this section shall be included as part of the Vermont Universal Service Fund Program.
30 V.S.A. § 3030 — VT Code / Title 30 / Chapter 81 / Section 3030
§ 3030. Revenues; use of
Status: in_force

Revenues of a cooperative for a fiscal year in excess of the amount thereof necessary:

(1) To defray the expenses of the operation and maintenance of the facilities of the cooperative during such fiscal year.

(2) To pay interest and principal obligations of the cooperative coming due in such fiscal year.

(3) To finance, or to provide a reserve for the financing of, the construction or acquisition by the cooperative of additional facilities to the extent determined by the board of directors.

(4) To provide a reasonable reserve for working capital.

(5) To provide a reserve for the payment of indebtedness of the cooperative in an amount not less than the total of the interest and principal payments in respect thereof required to be made during the next following fiscal year.

(6) To provide a fund, designated as the “cooperative education fund,” for education in cooperation and for the dissemination of information concerning the effective use of energy and other services, goods, or products made available by the cooperative, shall, unless otherwise determined by a vote of the members, be distributed by the cooperative to its members and to other persons to whom the cooperative supplies energy or other services, goods, or products made available through its electric distribution facilities, as patronage refunds prorated in accordance with the patronage of the cooperative by the respective members and other persons, paid for during such fiscal year; provided, however, a distribution shall not be made to a person until that person becomes a member of the cooperative. If that person does not become a member of the cooperative within one year after the amount of that person's distributive share or accumulated distributive shares equals the membership fee required by the bylaws of the cooperative, or, if no membership fee is required, within two years after the declaration of the patronage refund, that person shall cease to be entitled to a share or shares, which shall, in such case, be paid into the cooperative education fund. The cooperative shall make such additional provision, in the bylaws or otherwise, relative to the disposition of the revenues of the cooperative as may be necessary and appropriate to establish and maintain the nonprofit character of the cooperative. Nothing contained in this section shall be construed to prohibit the payment by a cooperative of all or any part of its indebtedness prior to the date when the same shall become due.
30 V.S.A. § 255 — VT Code / Title 30 / Chapter 5 / Section 255
§ 255. Regional coordination to reduce greenhouse gases
Status: in_force

(a) Legislative findings. The General Assembly finds:

(1) There is a growing scientific consensus that the increased anthropogenic emissions of greenhouse gases are enhancing the natural greenhouse effect, resulting in changes in the earth's climate.

(2) Climate change poses serious potential risks to human health and terrestrial and aquatic ecosystems globally, regionally, and in Vermont.

(3) A carbon constraint on fossil fuel-fired electricity generation and the development of a CO2 allowance trading mechanism will create a strong incentive for the creation and deployment of more efficient fuel-burning technologies, renewable resources, and end-use efficiency resources and will lead to lower dependence on imported fossil fuels.

(4) Absent federal action, a number of states are taking actions to work regionally to reduce power sector carbon emissions.

(5) Vermont has joined with at least six other states to design the Regional Greenhouse Gas Initiative (RGGI), and, in 2005, Vermont's Governor signed a memorandum of understanding (MOU) signaling Vermont's intention to develop rules and programs to participate in RGGI.

(6) It is crucial to manage Vermont's implementation of RGGI and its consumption of fossil fuels for residential and commercial heating, and industrial processes, so as to maximize the State's contribution to lowering carbon emissions while:

(A) minimizing impacts on electric system reliability and unnecessary costs to Vermont energy consumers; and

(B) minimizing the costs and the emissions resulting from the use of petroleum-based fuels for space heating and process heating for residential, commercial, and industrial purposes.

(7) The accelerated deployment of low-cost process, thermal, and electrical energy efficiency, the strategic use of low- and zero-carbon generation, and the selective use of switching fuel sources are the best means to achieve these goals.

(8) It is crucial that funds made available from operation of a regional carbon credits cap and trade system be devoted to the benefit of Vermont energy consumers through investments in a strategic portfolio of energy efficiency, weatherization, and low-carbon generation resources.

(b) Cap and trade program creation.

(1) The Agency of Natural Resources and the Public Utility Commission shall, through appropriate rules and orders, establish a carbon cap and trade program that will limit and then reduce the total carbon emissions released by major electric generating stations that provide electric power to Vermont utilities and end-use customers.

(2) Vermont rules and orders establishing a carbon cap and trade program shall be designed so as to permit the holders of carbon credits to trade them in a regional market proposed to be established through the RGGI.

(c) Allocation of tradable carbon credits.

(1) The Secretary of Natural Resources, by rule, shall establish a set of annual carbon budgets for emissions associated with the electric power sector in Vermont that are consistent with the 2005 RGGI MOU, including any amendments to that MOU and any reduced carbon cap resulting from a subsequent program review by RGGI, and that are on a reciprocal basis with the other states participating in the RGGI process.

(2) In order to provide the maximum long-term benefit to Vermont consumers, particularly benefits that will result from accelerated and sustained investments in energy efficiency and other low-cost, low-carbon power system, building envelope, and other investments, the Public Utility Commission, by rule or order, shall establish a process to allocate 100 percent of the Vermont statewide budget of tradable power sector carbon credits to one or more trustees acting on behalf of consumers in accordance with the following principles. To the extent feasible, the allocation plan shall accomplish the following goals:

(A) minimize windfall financial gains to power generators as a result of the operation of the cap and trade program, considering both the costs that generators may incur to participate in the program and any power revenue increases they are likely to receive as a result of changes in regional power markets;

(B) employ an administrative structure that will enable program managers to perform any combination of holding, banking, and selling carbon credits in regional, national, and international carbon credit markets in a financially responsible and market-sensitive fashion, and provide funds to defray the reasonable costs of the program trustee or trustees and Vermont's pro rata share of the costs of the RGGI regional organization;

(C) optimize the revenues received from the management and sale of carbon credits for the benefit of Vermont energy consumers and the Vermont economy;

(D) minimize any incentives from operation of the cap and trade program for Vermont utilities to increase the overall carbon emissions associated with serving their customers;

(E) build upon existing regulatory and administrative structures and programs that lower power and heating costs, improve efficiency, and lower the State's carbon profile while minimizing adverse impacts on electric system reliability and unnecessary costs to Vermont energy consumers, and minimizing the costs and the emissions resulting from the use of petroleum-based fuels for space heating and process heating for residential, commercial, and industrial purposes;

(F) ensure that carbon credits allocated under this program and revenues associated with their sale remain public assets managed for the benefit of the State's consumers, particularly benefits that will result from accelerated and sustained investments in energy efficiency and other low-cost, low-carbon power, or heating system or building envelope investments; and

(G) where practicable, support efforts recommended by the Agency of Natural Resources or the Department of Public Service to stimulate or support investment in the development of innovative carbon emissions abatement technologies that have significant carbon reduction potential.

(d) Appointment of consumer trustees. The Public Utility Commission, by rule, order, or competitive solicitation, may appoint one or more consumer trustees to receive, hold, bank, and sell tradable carbon credits created under this program. Trustees may include Vermont electric distribution utilities, the fiscal agent collecting and disbursing funds to support the statewide efficiency utility, or a financial institution or other entity with the expertise and financial resources to manage a portfolio of carbon credits for the long-term benefit of Vermont energy consumers. The net proceeds above costs from the sale of carbon credits shall be deposited into the Electric Efficiency Fund established under subdivision 209(d)(3) of this title. These funds shall be used by the entity or entities appointed under subdivision 209(d)(2)(B) of this title to help meet the building efficiency goals established under 10 V.S.A. § 581 by delivering heating and process-fuel energy efficiency services to Vermont consumers who use such fuel.

(e) Reports. On or before January 15 of each year, commencing in 2007, the Department of Public Service in consultation with the Agency of Natural Resources and the Public Utility Commission shall provide to the House Committees on Commerce and Economic Development; on Environment and Energy; and on Natural Resources, Fish, and Wildlife and the Senate Committees on Finance and on Natural Resources and Energy a report detailing the implementation and operation of RGGI and the revenues collected and the expenditures made under this section, together with recommended principles to be followed in the allocation of funds. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.

(f) State action offsets. The State's negotiators to RGGI shall advocate for and negotiate to adjust the rules of the program, as needed, so that greenhouse gas reductions resulting from State investments and other public investments and investments required by State law will not be prohibited from being eligible for offsets under the program.
30 V.S.A. § 221 — VT Code / Title 30 / Chapter 5 / Section 221
§ 221. Forms; orders
Status: in_force

The Commission may prescribe the forms of all books, accounts, papers, and records of any public utility over which it has jurisdiction and such public utility shall keep and render its books, accounts, papers, and records accurately and faithfully in the manner and form prescribed by the Commission and comply with all orders and directions of the Commission relating to such books, accounts, papers, and records.
30 V.S.A. § 209a — VT Code / Title 30 / Chapter 5 / Section 209a
§ 209a. Qualified cost mitigation charge orders
Status: in_force

(a) Definitions. As used in this section:

(1) “Electric utility” means any entity engaged in the distribution of electricity directly to the consumers within the State of Vermont.

(2) “Issuer” means any entity approved in a qualified cost mitigation charge order to issue mitigation bonds; “issuer” may include the Vermont qualifying facility contract mitigation authority or the Vermont Public Power Supply Authority.

(3) “Mitigation bond” means a note, bond, debenture, or any other evidence of indebtedness or certificate evidencing an interest in any evidence of indebtedness authorized by a qualified cost mitigation charge order.

(4) “Mitigation charge” means any volumetric charge imposed by the Commission pursuant to a qualified cost mitigation charge order.

(5) “Participating qualifying facility” means any facility described in subdivision 209(a)(8) of this title.

(6) “Power purchase arrangement” means a contract for sale of electricity between a participating qualifying facility with a capacity of 900 kilowatts or greater and a Rule 4.100 purchasing agent, approved by the Public Service Board on or before January 1, 1995.

(7) “Qualified cost mitigation charge order” means an order of the Commission that complies with the requirements of this section.

(8) “Rule 4.100” means Public Utility Commission Rule 4.100 or any amended or successor rule regarding small power production or cogeneration.

(9) “Rule 4.100 purchasing agent” means an entity designated by the Commission to perform the power and financial accounting requirements of Rule 4.100.

(10) “Savings” means the total benefit to electric ratepayers resulting from a qualified cost mitigation charge order, including specifically those benefits resulting from modifications of purchase power arrangements and benefits attributable to the availability of a qualified cost mitigation charge order to pay for those modifications, offset by the costs incurred to obtain the qualified cost mitigation charge order and purchase power arrangement modifications.

(b) General. Upon an application submitted by the Rule 4.100 purchasing agent or other person or entity, and subject to the terms and conditions of this section, the Commission may issue within five years following July 1, 2002 one or more qualified cost mitigation charge orders. A qualified cost mitigation charge order shall impose mitigation charges payable to the issuer of mitigation bonds in order to finance the costs associated with mitigating one or more power purchase arrangements.

(c) Qualified cost mitigation charge order provisions. A qualified cost mitigation order shall contain, at a minimum, all of the following:

(1) A finding that a qualified cost mitigation charge order will promote the general good within the State of Vermont.

(2) A uniform mitigation charge imposed for the benefit of the issuer on the consumption of all electricity within the State of Vermont to the extent such electricity is conveyed to consumers by electric utilities, and a requirement that such charge be reflected on ratepayer bills in a manner that clearly reflects both the amount of the charge and the reduction in power costs resulting from the charge.

(3) A specific mechanism for automatic adjustment of the mitigation charge, at least annually, in accordance with electricity consumption forecasts prepared by the Rule 4.100 purchasing agent or other entity approved by the Commission, so that the mitigation charge is imposed at all levels designed to provide revenues sufficient to make timely payments of accrued interest and scheduled principal on all mitigation bonds, as well as ongoing administrative expenses, credit enhancement fees, and scheduled overcollateralization amounts with respect to such mitigation bonds. This automatic adjustment may implement a system in which the mitigation charge is initially paid in full by the electric utilities, and uncollectable amounts plus reasonable carrying costs are reimbursed to the utilities as part of the adjustment.

(4) The covenant and pledge of the State of Vermont set forth in subsection (h) of this section.

(d) Approval by the Commission. The Commission may approve within five years following July 1, 2002 a qualified cost mitigation charge order for buydowns or other appropriate modifications, except buyouts, of power purchase arrangements upon finding that such an order will promote the general good within the State of Vermont. To determine that such an order will promote the general good, the Commission shall find that:

(1) significant, quantifiable savings are substantially likely to result from the buydowns and other appropriate modification of purchase power arrangements and the amount of such savings;

(2) such savings will be passed on to electric ratepayers pursuant to subsection (m) of this section;

(3) facilities whose power purchase arrangements are the subject of the buydowns or other appropriate modifications will be reasonably assured to continue to operate for the life of their power purchase arrangements.

(e) Additional factors. The Commission shall also give consideration to the following factors:

(1) the feasibility of any prospective alternative methods of achieving ratepayer savings;

(2) any impact of the transaction on existing or prospective opportunities for electric consumers to exercise retail choice;

(3) the impact of the transaction on renewable energy resources;

(4) the specific regulatory and accounting treatment that will be required of the purchasing agent, the issuer, the participating qualifying facilities, and the participating electric utilities; and

(5) such other related factors as the Commission deems appropriate.

(f) Collections and remittances. Mitigation charges and the right to receive mitigation charges shall be property of the issuer. The right to receive mitigation charges shall constitute a present interest in property. If requested by the issuer or any successor that is entitled to receive mitigation charges, mitigation charges shall be collected by each participating electric utility for the benefit of the issuer or the issuer's transferee. Mitigation charges collected by an electric utility shall be remitted by such electric utility to the issuer or its designee within one month after receipt thereof by such electric utility, or such shorter period as shall be designated by the Commission. Upon 30 days' written notice to an electric utility, the issuer or any successor entitled to receive mitigation charges at any time and for any reason may direct that the electric utility shall cease to collect mitigation charges. Any electric utility in possession of mitigation charges shall have no right, title, or interest in such collections, but rather shall hold such collections in trust for the benefit of the issuer.

(g) Nonbypassable. Mitigation charges shall be separately stated on consumers' retail electric bills and shall be payable regardless of any change in structure or identity of the electric utility and regardless of any change in ownership or operation of any electric generation, transmission, or distribution facilities. If a consumer pays only part of its electric bill for any period, a pro rata portion of the payment may be applied to payment of the mitigation charge for the period.

(h) State pledge. The State of Vermont covenants and pledges for the benefit of the issuer, any assignee of the issuer, and the owners of mitigation bonds that neither the mitigation charge nor the automatic adjustment mechanism set forth in subsection (e) of this section shall be altered, revoked, amended, postponed, impaired, limited, or terminated by the State of Vermont, by the Commission, or by any other agency or instrumentality of the State, absent adequate provision for the protection of the issuer, any designee of the issuer, and the owners of the mitigation bonds. The Commission, as agent of the State of Vermont, is authorized and directed to deliver written confirmation of this covenant and pledge in connection with the issuance of all mitigation bonds.

(i) Bankruptcy. A qualified cost mitigation charge order shall remain in full force and effect, notwithstanding any bankruptcy, reorganization, or other insolvency proceeding with respect to:

(1) any electric utility or successor or assign of any electric utility; or

(2) the Rule 4.100 purchasing agent or any successor or assign of the Rule 4.100 purchasing agent.

(j) Assignment of mitigation charge revenues. The issuer may grant a security interest in, or otherwise assign mitigation charges and the right to receive mitigation charges in connection with, the issuance of mitigation bonds. Such grant or assignment shall be valid and enforceable without delivery or filing.

(k) Hearing procedure. A qualified cost mitigation charge order shall be issued only upon hearing, following due notice to all electric utilities, the owners of all participating qualifying facilities, the Department, and the Rule 4.100 purchasing agent. A qualified cost mitigation charge order issued under this section shall involve all of the State's electric utilities, absent a showing of good cause by any such utility as to why the requirements and customer benefits resulting from a qualified cost mitigation charge order should not be applicable to it.

(l) Pass-through of savings. A qualified cost mitigation charge order shall contain measures to ensure that savings resulting from that order are passed through to the benefit of electric ratepayers. Such measures may include reduction in utility regulatory assets or creation of regulatory liabilities, adjustments to depreciation or amortization schedules, or the filing of revised tariffs reflecting such savings, which tariffs may be ordered by the Commission without regard to the remaining provisions of this title.

(m) In establishing the appraisal value for the assessment of property taxes on the facilities whose power purchase arrangements are the subject of the buydowns or other appropriate modifications, the municipality may include the amount of any cost mitigation payments made under the authority of this section. For municipalities using an income-based valuation method, the value of any lump sum mitigation payment shall be amortized or prorated over the period of the cost mitigation contract.

(n) Report to General Assembly. Upon approval of a cost mitigation order, the Commission shall submit a report to the General Assembly containing the order and detailed information on the findings of the Commission, including the risks, savings, and costs likely to result from the buydowns and other appropriate modifications of purchase power arrangements contained in the order.
30 V.S.A. § 3081 — VT Code / Title 30 / Chapter 82 / Section 3081
§ 3081. Withdrawal of a member municipality
Status: in_force

A district member may withdraw from the district upon the terms and conditions specified in this section:

(1) Prior to the district pledging communications plant net revenues, or entering into a long-term contract, or contract subject to annual appropriation, a district member may vote to withdraw in the same manner as the vote for admission to the district. If a majority of the voters of a district member present and voting at a meeting duly warned for this purpose votes to withdraw from the district, the vote shall be certified by the clerk of that municipality and presented to the board. Thereafter, the board shall give notice to the remaining district members of the vote to withdraw and shall hold a meeting to determine if it is in the best interests of the district to continue to exist. Representatives of the district members shall be given an opportunity to be heard at such meeting together with any other interested persons. After a the meeting, the board may declare the district dissolved or it may declare that the district shall continue to exist despite the withdrawal of such member. The membership of the withdrawing municipality shall terminate after the vote to withdraw.

(2) After the district has pledged communications plant net revenues, or entered into a long-term contract or contract subject to annual appropriations, a district member may vote to withdraw in the same manner as the vote for admission to the district.
30 V.S.A. § 518 — VT Code / Title 30 / Chapter 13 / Section 518
§ 518. Retransmission fees; reporting
Status: in_force

(a) Purpose. The purpose of this section is to provide the Attorney General with information necessary to investigate certain conduct within the cable and broadcast network industries to determine whether unfair methods of competition are occurring in violation of 9 V.S.A. chapter 63.

(b) Reporting. Annually, beginning on January 1, 2015, each commercial broadcasting station doing business with a Vermont cable company shall report to the Attorney General any fees charged for program content retransmitted on the cable network under a retransmission consent agreement entered into pursuant to 47 U.S.C. § 325, for the prior calendar year.

(c) Investigations. The Attorney General may investigate retransmission fees charged by commercial broadcasting stations, pursuant to his or her investigatory powers established under 9 V.S.A. chapter 63.

(d) Public disclosure. The information received by the Attorney General under subsection (b) of this section shall be kept confidential and is exempt from public inspection and copying under the Public Records Act, unless otherwise ordered by a court.

(e) Enforcement. A violation of this section constitutes unfair competition under 9 V.S.A. § 2453.

(f) Rules. The Attorney General may adopt rules he or she deems necessary to implement this section. The rules, as well as any finding of unfair competition with regard to retransmission consent fees, shall not be inconsistent with the rules, regulations, and decisions of the Federal Communications Commission and the federal courts interpreting the Communications Act of 1934, as amended.
30 V.S.A. § 8095 — VT Code / Title 30 / Chapter 92 / Section 8095
§ 8095. Limitation
Status: in_force

Nothing in this chapter limits the existing rights and obligations of entities currently authorized to attach to poles and other facilities pursuant to Commission Rule 3.700.
30 V.S.A. § 5032 — VT Code / Title 30 / Chapter 84 / Section 5032
§ 5032. Refunding obligations; issuance
Status: in_force

The Authority may provide for the issuance of refunding obligations for the purpose of refunding any obligations then outstanding that have been issued under the provisions of this chapter, including the payment of any redemption premium on them and any interest accrued or to accrue to the date of redemption of those obligations and for any corporate purpose of the Authority. The issuance of the obligations, the maturities and other details pertaining to them, the rights of their holders, and the rights, duties, and obligations of the Authority in respect to them shall be governed by the provisions of this chapter that relate to the issuance of obligations, insofar as those provisions may be appropriate.
30 V.S.A. § 4002 — VT Code / Title 30 / Chapter 83 / Section 4002
§ 4002. Agreements by cooperatives and municipal electric utilities
Status: in_force

Any cooperative or municipal electric utility shall have:

(1) authority to participate with other utilities in entering into agreements for the planning, financing, acquisition, construction, ownership, operation, and maintenance of jointly owned or operated electric facilities and in connection therewith to construct, acquire, own, operate, and maintain electric facilities, for the purpose of providing a supply of power and energy to the cooperatives and municipal electric utilities entering into any such agreements, including the right to sell or exchange any surplus produced from such facilities to others;

(2) authority to act in participation with other such utilities in arranging for the purchase of supplies of capacity and energy from other utilities, either within or outside the State of Vermont, including purchases from private electric utilities, municipal electric utilities, cooperatives, associations of utilities, or public authorities;

(3) authority, in participation with other utilities, to enter into contracts for the transmission of such supplies of capacity or energy generated either by them or purchased from others;

(4) authority, in participation with other utilities, to participate in facilities, projects, and programs for the purposes of modifying demand for electric capacity or energy through conservation or load management;

(5) authority, in participation with other utilities, to employ attorneys, engineers, technicians, and any other personnel as said utilities may deem necessary or proper to carry out any of the foregoing powers;

(6) authority to allow the Vermont Public Power Supply Authority to provide all requirements service for a stated period of time pursuant to subdivision 5012(15) of this title;

(7) authority to otherwise do all lawful acts and things necessary or incidental to the exercise of the authority granted in this chapter.
30 V.S.A. § 3008 — VT Code / Title 30 / Chapter 81 / Section 3008
§ 3008. Meetings
Status: in_force

An annual meeting of the members of a cooperative shall be held at such time and place as shall be provided in the bylaws. Special meetings of the members may be called by the president, by the board of directors, by three directors, or by not less than 10 percent of the members. All meetings of members shall be called at and held in some convenient public place in this State.
30 V.S.A. § 3064 — VT Code / Title 30 / Chapter 82 / Section 3064
§ 3064. Vacancy
Status: in_force

Any vacancy on the board shall be filled within 30 days after such vacancy occurs by appointment by the authority that appointed the representative or alternate whose position has become vacant. An appointee to a vacancy shall serve until the expiration of the term of the representative or alternate to whose position the appointment was made and may thereafter be reappointed.
30 V.S.A. § 8101 — VT Code / Title 30 / Chapter 93 / Section 8101
§ 8101. Pilot Program; certification
Status: in_force

(a) The Vermont Village Green Renewable Pilot Program is created to consist of no more than two Vermont village green renewable projects, one each in the City of Montpelier and in the Town of Randolph. Another municipality may seek certification under this chapter in the event either the City of Montpelier or the Town of Randolph, or both, decline to seek or are denied certification.

(b) On application of a host community, the Department may certify a Vermont village green renewable project under this chapter on finding each of the following:

(1) The host community proposes a Vermont village green renewable project.

(2) The host community has submitted an application to the Commission that includes each of the following:

(A) A description and map of the proposed Vermont village green renewable project, showing its location within the host community.

(B) A complete description of the existing industrial, commercial, or residential uses to be served by the Vermont village green renewable project; of how the project will serve those uses; and of the billing, payment, and customer service arrangements.

(C) A letter submitted by the host community in support of the application and, if the host community has a town plan, the letter shall confirm that the proposed project is consistent with that plan.

(D) A letter issued by the appropriate regional planning commission indicating that the regional impacts of the proposed project and selected site have been considered and that the project conforms with the applicable regional plan.

(E) A letter from the Vermont Downtown Development Board, as described under 24 V.S.A. § 2792, that the Development Board has been notified of the Vermont village green renewable project.

(3) The Vermont village green renewable project is consistent with the purposes of the Clean Energy Development Fund as established in section 8015 of this title.

(4) The host community will invest in the Vermont village green renewable project the incentive created under section 8102 of this title and has provided a plan that demonstrates that such investment will be made.

(5) The Vermont village green renewable project, if it uses woody biomass as a fuel, will use procurement standards, management practices, and a supply chain that are third party certified using a performance-based audit.

(6) The Vermont village green renewable project will comply with all applicable national ambient air quality standards and air pollution control rules of the Agency of Natural Resources. If, during 2009, the U.S. Environmental Protection Agency proposes updated emissions standards applicable to wood-fueled boilers to be used in connection with the project, the project shall comply with the proposed standards.

(7) The Vermont village green renewable project meets all applicable requirements of this chapter.

(c) Notwithstanding any other provision of law, certification under this section shall not be subject to the provisions of 3 V.S.A. chapter 25 and shall not be subject to appeal.

(d) A host community does not need to obtain certification unless it seeks its Vermont village green renewable project to be eligible for incentives under section 8102 of this title or rates for electricity as provided under subsection 8104(b) of this title. Certification shall not be required to qualify for net metering under section 219a of this title.
30 V.S.A. § 30 — VT Code / Title 30 / Chapter 1 / Section 30
§ 30. Penalties; affidavit of compliance
Status: in_force

(a)(1) A person, company, or corporation subject to the supervision of the Commission or the Department of Public Service, who refuses the Commission or the Department of Public Service access to the books, accounts, or papers of such person, company, or corporation within this State, so far as may be necessary under the provisions of this title, or who fails, other than through negligence, to furnish any returns, reports, or information lawfully required by it, or who willfully hinders, delays, or obstructs it in the discharge of the duties imposed upon it, or who fails within a reasonable time to obey a final order or decree of the Commission, or who violates a provision of chapter 2, 7, 75, or 89 of this title, or a provision of section 231 or 248 of this title, or a rule of the Commission, shall be required to pay a civil penalty as provided in subsection (b) of this section after notice and opportunity for hearing.

(2) A person who violates a provision of chapter 3 or 5 of this title, except for the provisions of section 231 or 248 of this title, shall be required to pay a civil penalty after notice and opportunity for hearing. If the Commission determines that the violation substantially harmed or might have substantially harmed the public health, safety, or welfare; the interests of utility customers; the environment; the reliability of utility service; or the financial stability of the company, the Commission may impose a civil penalty as provided in subsection (b) of this section. If the Commission determines that the violation did not cause or was not likely to cause such harm, the Commission may impose a civil penalty of not more than $42,500.00, in addition to any financial benefit to the violator resulting from the violation.

(b) The Commission may impose a civil penalty under subsection (a) of this section of not more than $85,000.00, in addition to any financial benefit to the violator resulting from the violation. In the case of a continuing violation, an additional fine of not more than $42,500.00 per day may be imposed. In no event shall the total fine exceed the larger of:

(1) $170,000.00, in addition to any financial benefit to the violator resulting from a violation; or

(2) in the case of a company that pays gross receipt taxes under section 22 of this title, one-tenth of one percent of the gross Vermont revenues from regulated activity of the person, company, or corporation in the preceding year, in addition to any financial benefit to the violator resulting from a violation.

(c) In determining the amount of a fine under subsection (a) of this section, the Commission may consider any of the following factors:

(1) the extent that the violation harmed or might have harmed the public health, safety, or welfare, the environment, the reliability of utility service, or the other interests of utility customers;

(2) whether the respondent knew or had reason to know the violation existed and whether the violation was intentional;

(3) the economic benefit, if any, that could have been anticipated from an intentional or knowing violation;

(4) the length of time that the violation existed;

(5) the deterrent effect of the penalty;

(6) the economic resources of the respondent;

(7) the respondent's record of compliance; and

(8) any other aggravating or mitigating circumstance.

(d) After notice and an opportunity to be heard, the Commission may order any person, company, or corporation subject to the supervision of the Commission or the Department of Public Service who negligently fails to furnish any returns, reports, or information lawfully required by it to pay a civil penalty of not more than $42,500.00, in addition to any financial benefit to the violator resulting from a violation.

(e) A person who knowingly, under oath, makes a false return or statement or who knowingly, under oath, when required by law, gives false information to the Commission, or the Department of Public Service, or who knowingly testifies falsely in any material matter before either of them, shall be deemed to have committed perjury and shall be punished accordingly.

(f) Violations of the rules of procedure for the determination of cases heard by the Public Utility Commission shall not be subject to the provisions of subsection (a), (b), or (c) of this section.

(g) At any time, the Commission may require a person, company, or corporation to file an affidavit under oath or affirmation that the person, company, or corporation or any facility or plant thereof is in compliance with the terms and conditions of an order, approval, certificate, or authorization issued under this title or rules adopted under this title. A request for an affidavit of compliance under this subdivision may be delivered by hand or by certified mail. Failure to file such an affidavit within the period prescribed by the Commission or the material misrepresentation of a fact in an affidavit shall be a violation subject to civil penalty under subdivision (a)(1) of this section and shall also be grounds for revocation or rescission of the order, approval, certificate, or authorization as to which the Commission required the affidavit.

(h) In accordance with the process set forth in this subsection, the Department may issue an administrative citation to a person the Department believes after investigation violated section 246, 248, 248a, or 8010 of this title, any rule adopted pursuant to those sections, or any certificate of public good issued pursuant to those sections.

(1) An administrative citation, whether draft or final, shall:

(A) state each provision of statute and rule and each condition of a certificate of public good alleged to have been violated;

(B) include a concise statement of the facts giving rise to the alleged violation and the evidence supporting the existence of those facts;

(C) request that the person take the remedial action specified in the notice or pay a civil penalty of not more than $5,000.00 for the violation, or both; and

(D) if remedial action is requested, state the reasons for seeking the action.

(2) The Department shall initiate the process by issuing a draft administrative citation to the person and sending a copy to each municipality in which the person's facility is located, each adjoining property owner to the facility, the complainant if any, and, for alleged violations of the facility's certificate of public good, each party to the proceeding in which the certificate was issued.

(A) At the time the draft citation is issued, the Department shall file a copy with the Commission and post the draft citation on its website.

(B) Commencing with the date of issuance, the Department shall provide an opportunity of 30 days for public comment on the draft citation. The Department shall include information on this opportunity in the draft citation.

(C) Once the public comment period closes, the Department:

(i) Shall provide the person and the Commission with a copy of each comment received.

(ii) Within 15 days following the close of the comment period, may file a revised draft citation with the Commission. The revised draft citation may be accompanied by a stipulation or agreed settlement between the person and the Department with a request for Commission approval.

(D) The Commission may on its own initiative open a proceeding to investigate the violation alleged in the draft citation. The Commission shall take any such action within 25 days following the close of the public comment period or the filing of a revised draft citation, whichever is later. The Commission proceeding shall supersede the draft citation.

(3) If the Commission has not opened a proceeding pursuant to subdivision (2)(D) of this subsection, the Department may issue a final administrative citation to the person. Within 30 days following receipt of a final administrative citation, the person shall respond in one of the following ways:

(A) Request a hearing before the Commission on the existence of the alleged violation, the proposed penalty, and the proposed remedial action.

(B) Pay any civil penalty set forth in the notice and agree to undertake such remedial action as is set forth in the notice and submit to the Department for its approval a plan for compliance. In such a case, the final administrative citation shall be enforceable in the same manner as an order of the Commission.

(C) Decline to contest the existence of the alleged violation and request a hearing on either the proposed penalty or remedial action, or both. When exercising this option, a person may agree to either the proposed penalty or remedial action and seek a hearing only on the penalty or action with which the person disagrees.

(4) When a person requests a hearing under subdivision (3) of this subsection, the Commission shall open a proceeding and conduct a hearing in accordance with the provisions of this section on the alleged violation and such remedial action and penalty as are set forth in the notice. Notwithstanding any contrary provision of this section, a penalty under this subdivision (4) shall not exceed $5,000.00.

(5) If a person pays the civil penalty set forth in a final administrative citation, then the Department shall be precluded from seeking and the Commission from imposing additional civil penalties for the same alleged violation unless the violation is continuing or is repeated.

(6) If a person agrees to undertake the remedial action set forth in a final administrative citation, failure to undertake the action or comply with a compliance plan approved by the Department shall constitute a separate violation.

(7) The Commission may approve disposition of a final administrative citation by stipulation or agreed settlement submitted before entry of a final order.

(8) Penalties assessed under this subsection shall be deposited in the General Fund except for any amounts the Commission directs to be used for the benefit of ratepayers generally.
30 V.S.A. § 2901 — VT Code / Title 30 / Chapter 79 / Section 2901
§ 2901. Definitions
Status: in_force

In this chapter, unless the context otherwise requires, the following words shall have the following meanings:

(1) “Commission” means the Public Utility Commission of this State.

(2) “Legal voter” means a person qualified to vote under the provisions of 17 V.S.A. § 2121.

(3) “Municipal plant” means any plant or system owned and operated by any municipality for the manufacture, distribution, purchase, and sale of electricity or the manufacture, distribution, purchase, and sale of gas.

(4) “Municipality” means any city, town, or village within this State.

(5) “Utility” means any person or corporation engaged in the manufacture, distribution, and sale of gas and electricity in this State.
30 V.S.A. § 403 — VT Code / Title 30 / Chapter 9 / Section 403
§ 403. Penalty
Status: in_force

A person, firm, or corporation who violates a provision of sections 401 and 402 of this title shall be subject to the penalty set forth in 10 V.S.A. § 1094.
30 V.S.A. § 31 — VT Code / Title 30 / Chapter 1 / Section 31
§ 31. Depositions
Status: in_force

The Commission or the Department of Public Service, their representatives, or any party in any investigation or hearing conducted by virtue of this title may cause the depositions of witnesses, wherever residing, to be taken in such manner and used for such purposes as the Supreme Court may by rule provide for taking depositions in civil actions in the Superior Court.
30 V.S.A. § 3079 — VT Code / Title 30 / Chapter 82 / Section 3079
§ 3079. Service fees
Status: in_force

The board may from time to time establish and adjust service, subscription, access, and utility fees for the purpose of generating revenues from the operation of its communications plant.
30 V.S.A. § 2523 — VT Code / Title 30 / Chapter 71 / Section 2523
§ 2523. Court may permit line to be attached to standing poles
Status: in_force

Persons desiring to attach a telephone line to poles of a telegraph company may petition the Superior Court of the county in which such line of poles or part thereof is situated, for permission so to do. The court shall appoint three disinterested persons commissioners to make examination and determine whether the request of the petitioner can be granted without injury to the company owning the poles. If, in their judgment, such permission ought to be given, the commissioners shall so report to the court, and state what, in their opinion, would be a fair annual compensation to be paid for such privilege. The court shall render such judgment thereon as it deems just, or for cause shown may reject the report and appoint new commissioners to reexamine and report.
30 V.S.A. § 102 — VT Code / Title 30 / Chapter 3 / Section 102
§ 102. Petition; hearing; certificate
Status: in_force

(a) Before the articles of incorporation are transmitted to the Secretary of State, the incorporators shall petition the Public Utility Commission to determine whether the establishment and maintenance of the corporation will promote the general good of the State and shall at that time file a copy of any petition with the Department. The Department, within 12 days, shall review the petition and file a recommendation regarding the petition in the same manner as is set forth in subsection 225(b) of this title. The recommendation shall set forth reasons why the petition shall be accepted without hearing or shall request that a hearing on the petition be scheduled. If the Department requests a hearing on the petition, or if the Commission deems a hearing necessary, it shall appoint a time and place either remotely accessible or in the county where the proposed corporation is to have its principal office for hearing the petition. Notice of the hearing shall be given in accordance with section 10 of this title and shall be published on the Commission's website and once in a newspaper of general circulation in the county in which the proposed corporation is to have its principal office. The website notice shall be maintained through the date of the hearing. The newspaper notice shall include an internet address where more information regarding the petition may be viewed. The Department of Public Service, through the Director for Public Advocacy, shall represent the public at the hearing.

(b) If the Commission finds that the establishment and maintenance of the proposed corporation will promote the general good of the State, it shall give the incorporators a certificate to that effect under its seal.

(c) For good cause, after an opportunity for hearing, the Commission may amend or revoke any certificate awarded under the provisions of this section. If any certificate is revoked, the corporation shall no longer have authority to conduct any business that is subject to the jurisdiction of the Commission, whether or not regulation has been reduced or suspended under section 226a or 227a of this title.
30 V.S.A. § 126 — VT Code / Title 30 / Chapter 3 / Section 126
§ 126. Saving clause; corporations formed before April 2, 1915
Status: in_force

All corporations formed prior to April 2, 1915, by special act or under the general laws of this State, that are conducting any business subject to regulation by the Public Utility Commission shall, with respect to acts done after that date, be deemed to be within the provisions of this chapter and the provisions of the general corporation law in like manner as a corporation formed under this chapter. However, a corporation formed shall not do any act in violation of any restriction contained in its charter.
30 V.S.A. § 106 — VT Code / Title 30 / Chapter 3 / Section 106
§ 106. Ownership of stock in other corporations
Status: in_force

When a corporation subject to the regulation of the Public Service Commission, prior to April 2, 1915, was authorized by its charter or otherwise to hold stock in another corporation, the public service corporation may petition the Public Utility Commission for authority to increase the amount of stock of the other corporation that may be owned by the petitioning corporation. If the Commission finds and adjudges that an increase will promote the general good of the State, it may issue its certificate and order authorizing the same, and the charter or articles of incorporation shall be amended to conform to the order.
30 V.S.A. § 3054 — VT Code / Title 30 / Chapter 82 / Section 3054
§ 3054. District powers
Status: in_force

(a) In addition to the powers enumerated in 24 V.S.A. § 4866, and, subject to the limitations and restrictions set forth in section 3056 of this chapter, a district created under this chapter shall have the power to:

(1) operate, cause to be operated, or contract for the construction, ownership;, management, financing, and operation of a communications plant for the delivery of communications services, as provided in 24 V.S.A. chapter 54;

(2) purchase, sell, lease, own, acquire, convey, mortgage, improve, and use real and personal property in connection with its purpose;

(3) hire and fix the compensation and terms of employment of employees;

(4) sue and be sued;

(5) enter into contracts for any term or duration;

(6) contract with architects, engineers, financial and legal consultants, and others for professional services;

(7) contract with individuals, corporations, associations, authorities, and agencies for services and property, including the assumption of the liabilities and assets thereof;

(8) provide communications services for its district members, including the residential and business locations located therein; and also provide communications services for such other residential and business locations as its facilities and obligations may allow, provided such other locations are in a municipality that is contiguous with the town limits of a district member, and further provided such other locations do not have access to internet service capable of speeds that meet or exceed the current speed requirements for funding eligibility under the Connectivity Initiative, section 7515b of this title.

(9) contract with the State of Vermont, the United States of America, or any subdivision or agency thereof for services, assistance, and joint ventures;

(10) contract with any municipality for the services of any officers or employees of that municipality useful to it;

(11) promote cooperative arrangements and coordinated action among its members and other public and private entities;

(12) make recommendations for review and action to its members and other public agencies that perform functions within the region in which its members are located;

(13) exercise any other powers that are necessary or desirable for dealing with communications matters of mutual concern and that are exercised or are capable of exercise by any of its members;

(14) enter into financing agreements as provided by 24 V.S.A. § 1789 and chapter 53, subchapter 2, or other provisions of law authorizing the pledge of net revenue, or alternative means of financing capital improvements and operations;

(15) establish a budget to provide for the funding thereof out of general revenue of the district;

(16) appropriate and expend monies;

(17) establish sinking and reserve funds for retiring and securing its obligations;

(18) establish capital reserve funds and make appropriations for communications plant improvements and the financing;

(19) enact and enforce any and all necessary or desirable bylaws for the orderly conduct of its affairs for carrying out its communications purpose and for protection of its communications property;

(20) solicit, accept, and administer gifts, grants, and bequests in trust or otherwise for its purpose;

(21) exercise all powers incident to a public corporation;

(22) adopt a name under which it shall be known and shall conduct business; and

(23) establish an effective date of its creation.

(b) Before a district may sell any service using a communications plant subject to Public Utility Commission jurisdiction and for which a certificate of public good is required under chapter 5 or 13 of this title, it shall obtain a certificate of public good for such service. Each such certificate of public good shall be nonexclusive and shall not contain terms or conditions more favorable than those imposed on existing certificate holders authorized to serve the municipality.
30 V.S.A. § 3045 — VT Code / Title 30 / Chapter 81 / Section 3045
§ 3045. Conservation and load management
Status: in_force

(a) Cooperatives may expend their funds, including the proceeds of their notes, bonds, or other obligations, for the purposes of modifying demand for electric capacity or energy through conservation or load management by participation in such facilities, projects, and programs as the governing board of the cooperative determines will effectively accomplish such purposes. Such facilities, projects, and programs may include providing or financing facilities or programs for conservation or load management, which may be: (i) owned or operated by the cooperative or by others, (ii) leased or licensed by the cooperative to others, or financed by loans by the cooperative to others, in either case on such terms and conditions as the governing board of the cooperative may determine.

(b) A cooperative may issue its notes, bonds, or other obligations pursuant to any statutory authority conferring such power for carrying out the purposes of this section.
30 V.S.A. § 7511 — VT Code / Title 30 / Chapter 88 / Section 7511
§ 7511. Distribution generally
Status: in_force

[Subsection (a) effective until July 1, 2025; see also subsection (a) effective July 1, 2025 set out below.]

(a)(1) As directed by the Commissioner of Public Service, funds collected by the fiscal agent, and interest accruing thereon, shall be distributed as follows:

(A) to pay costs payable to the fiscal agent under its contract with the Commissioner;

(B) to support the Vermont telecommunications relay service in the manner provided by section 7512 of this title;

(C) to support the Vermont Lifeline program in the manner provided by section 7513 of this title;

(D) to support Enhanced 911 services in the manner provided by section 7514 of this title; and

(E) to support the Connectivity Fund established in section 7516 of this title; and

(2) for fiscal year 2016 only, any personnel or administrative costs associated with the Connectivity Initiative shall come from the Connectivity Fund, as determined by the Commissioner in consultation with the Connectivity Board.

[Subsection (a) effective July 1, 2025; see also subsection (a) effective until July 1, 2025 set out above.]

(a) As directed by the Commissioner of Public Service, funds collected by the fiscal agent, and interest accruing thereon, shall be distributed as follows:

(1) to pay costs payable to the fiscal agent under its contract with the Commissioner;

(2) to support the Vermont telecommunications relay service in the manner provided by section 7512 of this title;

(3) to support the Vermont Lifeline program in the manner provided by section 7513 of this title;

(4) to support Enhanced 911 services in the manner provided by section 7514 of this title;

(5) to support the Vermont 988 Suicide and Crisis Lifeline centers in the manner provided in section 7513a of this title; and

(6) to support the Connectivity Fund established in section 7516 of this title.

(b) If insufficient funds exist to support all of the purposes contained in subsection (a) of this section, the Commissioner shall allocate the available funds, giving priority in the order listed in subsection (a).