30 V.S.A. § 116 — VT Code / Title 30 / Chapter 3 / Section 116
§ 116. Scope of application
Status: in_force

Without limiting or enlarging the scope of sections 110-115 of this title, it is hereby specifically provided that they shall apply to the condemnation of rights to construct and maintain pipe lines, conduits, lines of poles, towers, or wires, and to rights to appropriate, divert, and flow back water.
30 V.S.A. § 2603 — VT Code / Title 30 / Chapter 73 / Section 2603
§ 2603. Lien on goods restricted
Status: in_force

An express company shall not have a lien on goods or property transported by it, after the payment or tender of the amount embraced in the tariff of rates.
30 V.S.A. § 3005 — VT Code / Title 30 / Chapter 81 / Section 3005
§ 3005. Articles of incorporation, contents
Status: in_force

Articles of incorporation of a cooperative shall recite that they are executed pursuant to this chapter and shall state: (1) the name of the cooperative; (2) the address of its principal office; (3) the names and addresses of the incorporators; and (4) the names and addresses of its directors; and may contain provisions not inconsistent with this chapter deemed necessary or advisable for the conduct of its business and not repugnant to the constitution or laws of this State. Such articles shall be signed by each incorporator and acknowledged by at least two of the incorporators, or on their behalf, if they are cooperatives. The purposes of the cooperative shall be set forth in the articles of incorporation, but it is not necessary to set forth its corporate powers.
30 V.S.A. § 8082 — VT Code / Title 30 / Chapter 91A / Section 8082
§ 8082. Definitions
Status: in_force

As used in this chapter:

(1) “Board” means the Vermont Community Broadband Board.

(2) “Broadband service” or “broadband” means a mass-market retail service by wire or radio in Vermont that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up internet access service.

(3) “Department” means the Department of Public Service.

(4) “Eligible provider” means:

(A) a communications union district;

(B) a small communications carrier; or

(C) an internet service provider working in conjunction with a communications union district to expand broadband service to unserved and underserved locations as part of a plan to achieve universal broadband coverage in the district.

(5) “Fund” means the Vermont Community Broadband Fund established by this chapter.

(6) “Internet service provider” means a business that provides broadband internet access service to any person in Vermont.

(7) “Location” means an E-911 business or residential address connected to the electric power grid.

(8) “Municipality” means a city, town, incorporated village, or unorganized town or gore.

(9) “Served” means a location that has access to broadband service capable of speeds of at least 25 Mbps download and 3 Mbps upload.

(10) “Small communications carrier” means:

(A) a carrier that has elected to be regulated under subsection 227d(a) of this title; or

(B) an internet service provider that operates in not more than five counties.

(11) “Underserved” means a location that only has access to broadband service capable of speeds of at least 4 Mbps download and 1 Mbps upload but less than 25 Mbps download and 3 Mbps upload.

(12) “Universal service plan” means a plan for providing each unserved and underserved location in a communications union district or in a municipality that was not part of a communications union district prior to June 1, 2021 access to broadband service capable of speeds of at least 100 Mbps download and 100 Mbps upload.

(13) “Unserved” means a location that only has access to broadband capable of speeds of less than 4 Mbps download and 1 Mbps upload.
30 V.S.A. § 110a — VT Code / Title 30 / Chapter 3 / Section 110a
§ 110a. Inclusion of communications facilities
Status: in_force

When a gas or electric utility subject to the jurisdiction of the Commission files a petition to condemn an easement or limited right in property, there shall be a rebuttable presumption that access to the utility's facilities provided pursuant to chapter 92 of this title shall be a necessary component of the utility's rendering of adequate service to the public.
30 V.S.A. § 3038 — VT Code / Title 30 / Chapter 81 / Section 3038
§ 3038. Fees
Status: in_force

(a) There shall be paid to the Secretary of State fees for filing as follows:

(1) Articles of incorporation, $15.00;

(2) Articles of amendment, $10.00;

(3) Articles of consolidation or merger, $15.00;

(4) Articles of conversion, $10.00;

(5) Certificate of election to dissolve, $5.00;

(6) Articles of dissolution, $5.00; and

(7) Certificate of change of principal office, $5.00.

(b) Such fees shall include two certified copies of the respective instruments.
30 V.S.A. § 127 — VT Code / Title 30 / Chapter 3 / Section 127
§ 127. Utility poles in easements across private property
Status: in_force

(a) Utility easements and State rules regarding utility rights of way and pole attachments shall include, as an authorized utility use, the installation of fiber-optic cable for purposes of providing broadband service to the public or for providing utility network management and monitoring, or both. The use of the utility easement and right-of-way is generally of the type contemplated in utility easements, does not materially burden the landowner beyond what was intended in the conveyance or condemnation, serves the public good, and facilitates the construction of broadband networks.

(b) This section shall apply to all utility easements and State rules in effect on or after June 8, 2021. This section shall not apply to an easement that contains an express prohibition on the installation and operation of fiber-optic cable.
30 V.S.A. § 103 — VT Code / Title 30 / Chapter 3 / Section 103
§ 103. Transmission to Secretary of State; record; effect
Status: in_force

The articles of incorporation, the certificate of the Public Utility Commission, and the organization fee shall be transmitted to the Secretary of State. When such articles are recorded, such certificate shall be recorded therewith.
30 V.S.A. § 8122 — VT Code / Title 30 / Chapter 94 / Section 8122
§ 8122. Clean Heat Standard
Status: in_force

(a) The Clean Heat Standard is established. Under this program, obligated parties shall reduce greenhouse gas emissions attributable to the Vermont thermal sector by retiring required amounts of clean heat credits to meet the thermal sector portion of the greenhouse gas emission reduction obligations of the Global Warming Solutions Act.

(b) By rule or order, the Commission shall establish or adopt a system of tradeable clean heat credits earned from the delivery of clean heat measures that reduce greenhouse gas emissions.

(c) An obligated party shall obtain the required amount of clean heat credits through delivery of eligible clean heat measures by a default delivery agent, unless the obligated party receives prior approval from the Commission to use another method as described in section 8125 of this title.

(d) The Commission shall adopt rules and may issue orders to implement and enforce the Clean Heat Standard program.
30 V.S.A. § 119 — VT Code / Title 30 / Chapter 3 / Section 119
§ 119. Notice to municipality
Status: in_force

Notice of such proceedings shall be given to the municipality in which the cemetery is located and such municipality shall be a party to the proceedings for all purposes.
30 V.S.A. § 225 — VT Code / Title 30 / Chapter 5 / Section 225
§ 225. Rate schedules
Status: in_force

(a) Within a time to be fixed by the Commission, each company subject to the provisions of this chapter shall file with the Department, with separate filings to the Directors for Regulated Utility Planning and Public Advocacy, schedules that shall be open to public inspection, showing all rates, including joint rates, for any service performed or any product furnished by it within the State, and as part of it shall file the rules that in any manner affect the tolls or rates charged or to be charged for any such service or product. Those schedules, or summaries of the schedules approved by the Department, shall be published by the company in two newspapers with general circulation in the State within 15 days after such filing. A change shall not be made in any such schedules, including schedules of joint rates or in any of the rules, except upon 45 days' notice to the Commission and to the Department of Public Service, and notice to parties affected by the schedules as the Commission shall direct. The Commission shall consider the Department's recommendation and take action pursuant to sections 226 and 227 of this subchapter before the date on which the changed rate is to become effective. All changes shall be plainly indicated upon existing schedules, or by filing new schedules in lieu thereof 45 days prior to the time the same are to take effect. Subject only to temporary increases, rates may not be raised without strictly complying with the notice and filing requirements set forth in this section. In no event may a company amend, supplement, or alter an existing filing or substantially revise the proof in support of such filing in order to increase, decrease, or substantiate a pending rate request, unless, upon opportunity for hearing, the company demonstrates that a change in filing or proof is necessary for the purpose of providing adequate and efficient service. However, upon application of any company subject to the provisions of this chapter, and with the consent of the Department of Public Service, the Commission may for good cause shown prescribe a shorter time within which such change may be made, but a change that in effect decreases such tolls or rates may be made upon five days' notice to the Commission and the Department of Public Service and notice to parties affected as the Commission shall direct.

(b) Immediately upon receipt of notice of a change in a rate schedule filed by a company, the Department shall investigate the justness and reasonableness of that change. Within 30 days following receipt of this notice, the Department shall either report to the Commission the results of its investigations together with its recommendation for acceptance of the change, or it shall notify the Commission and other parties that it opposes the change. If the Department of Public Service reports its acceptance of the change in rates, the Commission may accept the change, or it may on its own motion conduct an investigation into the justness and reasonableness of the change, or it may order the Department to appear before it to justify its recommendation to accept the change. In no event shall a change go into effect without the approval of the Commission, except when a rate change is suspended and temporary or permanent rates are allowed to go into effect pursuant to subsection 226(a) or 227(a) of this subchapter. The Commission shall consider the Department's recommendation and take action pursuant to sections 226 and 227 of this subchapter within 45 days following receipt of notice of a change in a rate schedule. In the event that the Department opposes the change, the Commission shall hear evidence on the matter and issue any orders as justice and law require. In any hearing on a change in rates, whether or not opposed by the Department, the Commission may request the appearance of the Attorney General or appoint a member of the Vermont bar to represent the public or the State.
30 V.S.A. § 5034 — VT Code / Title 30 / Chapter 84 / Section 5034
§ 5034. Remedies of bondholders and noteholders
Status: in_force

(a) In the event that the Authority defaults in the payment of principal or of interest on any bonds or notes issued under this chapter after they become due, whether at maturity or upon call for redemption, and the default continues for a period of 30 days, or in the event that the Authority fails or refuses to comply with the provisions of this chapter, or defaults in any agreement made with the holders of an issue of bonds or notes of the Authority, the holders of 25 percent in aggregate principal amount of the bonds or notes of such issue then outstanding, by instrument or instruments filed in the office of the Secretary of State and proved or acknowledged in the same manner as a deed to be recorded, may appoint a trustee to represent the holders of those bonds or notes for the purposes provided.

(b) That trustee may, and upon written request of the holders of 25 percent in principal amount of the bonds or notes then outstanding shall, in his or her or its own name:

(1) enforce all rights of the bondholders or noteholders, including the right to require the Authority to fix and collect rates, fees, and charges relating to projects or other obligations held by it adequate to carry out any agreement as to, or pledge of, the revenues of the Authority, and to require the Authority to carry out any other agreements with the holders of the bonds or notes and to perform its duties under this chapter;

(2) enforce all rights of the bondholders or noteholders, including the right to take possession and control of the business and properties of the Authority, to operate and maintain the same, to make any necessary repairs, renewals, and replacements to them, and to fix, revise, and collect fees and charges, so as to carry out any contract as to, or pledge of revenues, and to require the Authority to carry out and perform the terms of any contract with the holders of the bonds or notes or its duties under this chapter;

(3) bring suit upon all or any part of the bonds or notes;

(4) by action or suit, require the Authority to account as if it were the trustee of an express trust for the holders of the bonds or notes;

(5) by action or suit, enjoin any acts or things that may be unlawful or in violation of the rights of the holders of the bonds or notes;

(6) declare all bonds or notes due and payable, and, if all defaults shall be made good, then with the consent of the holders of 25 percent of the principal amount of the bonds or notes then outstanding to annul the declaration and its consequences.

(c) The trustee shall in addition to the foregoing have and possess all the powers necessary or appropriate for the exercise of any functions specifically set forth in this chapter or incident to the general representation of bondholders or noteholders in the enforcement and protection of their rights.

(d) Before declaring the principal of bonds or notes due and payable, the trustee shall first give 30 days' notice in writing to the Governor, to the Authority, and to the Attorney General of the State.

(e) The Superior Court shall have jurisdiction of any suit, action, or proceeding by the trustee on behalf of bondholders or noteholders.
30 V.S.A. § 3026 — VT Code / Title 30 / Chapter 81 / Section 3026
§ 3026. Private corporation; change
Status: in_force

A corporation organized under the laws of this State and supplying or authorized to supply energy may be converted into a cooperative by complying with the following requirements and shall become subject to this chapter with the same effect as if originally organized under this chapter:

(1) The proposition for the conversion of a corporation into a cooperative and proposed articles of conversion to give effect to shall be submitted to a meeting of the members or stockholders of a corporation, the notice of which shall have attached a copy of the proposed articles of conversion.

(2) If the proposition for the conversion of a corporation into a cooperative and the proposed articles of conversion, with amendments, are approved by the affirmative vote of not less than two-thirds of those members of such corporation voting at the meeting, or, if such corporation is a stock corporation, by the affirmative vote of the holders of not less than two-thirds of the shares of the capital stock of the corporation represented at the meeting and voting articles of conversion in the form approved shall be executed and acknowledged on behalf of the corporation by its president or vice president and its seal shall be affixed to it and attested by its secretary.

(3) The articles of conversion shall recite that they are executed pursuant to this chapter and shall state: (A) the name of the corporation and the address of its principal office prior to its conversion into a cooperative; (B) the statute or statutes under which it was organized; (C) a statement that the corporation elects to become a cooperative subject to this chapter; (D) its name as a cooperative; (E) the address of the principal office of the cooperative; (F) the names and addresses of the directors of the cooperative; and (G) the manner in which members or stockholders of the corporation may become members of the cooperative; and may contain any provisions not inconsistent with law or this chapter deemed necessary or advisable for the conduct of the business of the cooperative. The president or vice president executing articles of conversion shall make and attach to an affidavit stating that the provisions of this section were duly complied with in respect of such articles. The articles of conversion shall be deemed to be the articles of incorporation of the cooperative.
30 V.S.A. § 8087 — VT Code / Title 30 / Chapter 91A / Section 8087
§ 8087. Centralized resources for communications union districts
Status: in_force

(a) The Board shall provide centralized resources and technical and administrative support to communications union districts with respect to the planning, development, and implementation of broadband projects.

(b) In carrying out the purpose of this section, the Board shall:

(1) develop standardized forms, contracts, network business and design models, and templates for use by any communications union district;

(2) assist communications union districts with identifying and negotiating with potential partners, including with respect to the development of a memorandum of understanding or other form of legally-binding commitment pertaining to a broadband project;

(3) when authorized by one or more communications union districts, apply for grants, loans, permits, licenses, certificates, or approvals, or enter into contractual arrangements for goods or services on behalf of or jointly with a communications union district or districts;

(4) assist communications union districts with pursuing route identification for fiber-optic infrastructure and with obtaining pole surveys and negotiating pole attachments;

(5) assist communications union districts with completing grant and loan applications for funding opportunities that exist outside this chapter; and

(6) assist communications union districts with obtaining access to fiber-optic networks owned by the State or by an electric distribution utility, where appropriate.
30 V.S.A. § 604 — VT Code / Title 30 / Chapter 14 / Section 604
§ 604. Additional authority
Status: in_force

(a) Notwithstanding any contrary provision of any general or special law relating to the powers and authorities of electric utilities or any limitation imposed by their charters, the City of Burlington, the Village of Lyndonville acting through its board of trustees, and all other Vermont municipal electric utilities, shall each have the following additional powers:

(1) jointly or separately to plan, finance, construct, purchase, operate, maintain, use, share costs of, own, mortgage, lease, sell, dispose of, or otherwise participate in electric power generating and transmission facilities or portions of it within or outside the State or the product or service of it or securities issued in connection with the financing of such facilities or portions of it;

(2) to enter into and perform contracts for such joint or separate planning, financing, construction, purchase, operation, maintenance, use, sharing costs of, ownership, mortgaging, leasing, sale, disposal of, or other participation in electric power generating and transmission facilities, or portions of it, within or outside the State of the product or service of it, or securities issued in connection with the financing of electric power facilities or portions of it, including, contracts for the payment of obligations imposed without regard to the operational status of a facility or facilities and contracts for the sale or purchase of electricity from an electric power facility or facilities for long or short periods of time or for the life of a specific electric generating unit or units.

(b) Other electric utilities, whether cooperative, municipal, or privately owned, may enter into and perform contracts with the City of Burlington and all other Vermont municipal electric utilities for the purposes of this section. The provisions of this chapter shall not otherwise affect the jurisdiction of the Public Utility Commission regarding the activities of the Burlington electric light department and of the Village of Lyndonville electric light department, or any municipal utility formed within the State of Vermont.

(c) Cooperative and municipal electric utilities, in accordance with chapter 83 of this title, and other electric utilities may enter into and perform contracts with the City of Burlington, the Village of Lyndonville, and all other Vermont municipal electric utilities for the purposes of this section.

(d) The Town of Rockingham shall have the authority, if duly authorized by its voters in accordance with the procedures set forth in chapter 79 of this title for the formation of a municipal utility, whether such vote or authorization occurs before or after June 8, 2004 and after obtaining a certificate of public good pursuant to section 248 of this title, to acquire, own, and operate the hydroelectric generating facilities located at Bellows Falls, Vermont, notwithstanding the fact the output of such facilities may exceed the electric needs of the Town and its municipal utility, and to sell that portion of the output of such facilities that exceeds the needs of the Town in serving its own municipal utility and such municipal utility's own customers. The Town shall not have the authority to acquire the hydroelectric generating facilities located at Bellows Falls, Vermont by eminent domain for a period of 10 years commencing on January 1, 2005. In selling any of the output of such generating facilities, the Town of Rockingham shall not have the authority to seek or obtain treatment as a “qualifying facility” under 18 C.F.R. § 292.201-207 or subdivision 209(a)(8) of this title, and Rockingham shall not have the authority to own or operate such facilities or a portion of such facilities if such facilities otherwise obtain treatment as a “qualifying facility.”

(e) A municipality owning a municipal plant and conducting itself as a utility under chapter 79 of this title shall have the authority to acquire equity ownership of Vermont Transco LLC or Vermont Electric Power Company, or both, and to finance the acquisition of equity ownership by any means permitted under 24 V.S.A. subchapters 1 and 2 or municipal charter. The terms under which equity ownership is acquired pursuant to this subsection shall not include any provision of guaranty, assessment, indemnification, or joint and several liability applicable to any such municipality.
30 V.S.A. § 3069 — VT Code / Title 30 / Chapter 82 / Section 3069
§ 3069. Treasurer
Status: in_force

The treasurer of the district shall be appointed by the board and shall serve at its pleasure. The treasurer shall not be a member of the governing board. The treasurer shall have the exclusive charge and custody of the funds of the district and shall be the disbursing officer of the district. When authorized by the board, the treasurer may sign, make, or endorse in the name of the district all checks and orders for the payment of money and pay out and disburse the same and receipt. The treasurer shall keep a record of every obligation issued and contract entered into by the district and of every payment thereon. The treasurer shall keep correct books of account of all the business and transactions of the district and such other books and accounts as the board may require. The treasurer shall render a statement of the condition of the finances of the district at each regular meeting of the board and at such other times as shall be required of the treasurer. The treasurer shall prepare the annual financial statement and the budget of the district for distribution, upon approval of the board, to the legislative bodies of district members. The treasurer shall do and perform all of the duties appertaining to the office of treasurer of a body politic and corporate. The treasurer may delegate authority to perform any or all of the duties described in this section, provided such delegation is approved by the board or authorized in the district's bylaws, and further provided the treasurer retains accountability and oversight authority for any such delegations. Upon removal or the treasurer's termination from office by virtue of removal or resignation, the treasurer shall immediately pay over to the successor all of the funds belonging to the district and at the same time deliver to the successor all official books and papers.
30 V.S.A. § 3027 — VT Code / Title 30 / Chapter 81 / Section 3027
§ 3027. Dissolution-Cooperative not commencing business
Status: in_force

A cooperative that has not commenced business may be dissolved by delivering to the Secretary of State a certificate of dissolution, which shall be executed and acknowledged on behalf of the cooperative by a majority of the incorporators and that shall state:

(1) the name of the cooperative;

(2) the address of its principal office;

(3) that the cooperative has not commenced business;

(4) that any sums received by the cooperative, less any part thereof disbursed for expenses of the cooperative, have been returned or paid to those entitled to them;

(5) that no debt of the cooperative is unpaid; and

(6) that a majority of the incorporators elect that the cooperative be dissolved.
30 V.S.A. § 249 — VT Code / Title 30 / Chapter 5 / Section 249
§ 249. Service territories; Commission jurisdiction
Status: in_force

(a) The Public Utility Commission shall have jurisdiction to establish service territories for companies subject to its supervision that are engaged in the distribution of electrical energy in the State and to alter those territories from time to time as conditions warrant. In establishing or in altering service territories, the Commission shall give consideration to:

(1) existing service areas;

(2) any voluntary agreements between or among two or more such companies filed with the Commission that define service territories of the companies;

(3) consistency with the orderly development of the region;

(4) natural geographical boundaries;

(5) compatibility with the interests of all consumers; and

(6) all other relevant factors.

(b) The Commission shall have power to exercise the jurisdiction conferred in this section only after due notice to all interested parties and an opportunity for a hearing, and after making findings that the service territories established or altered are consistent with the general good of Vermont. If a hearing is requested by a party or by any customer who is potentially affected by the proposed change, the Commission shall hold a hearing.

(c) In establishing service territories, the Commission may declare that specified areas are not within the service territory of any company and may leave the assignment of such areas for later determination.
30 V.S.A. § 5041 — VT Code / Title 30 / Chapter 84 / Section 5041
§ 5041. Inconsistent provisions in other laws superseded
Status: in_force

Insofar as the provisions of this chapter are inconsistent with the provisions of any special act or any municipal charter, the provisions of this chapter shall be controlling.
30 V.S.A. § 5014 — VT Code / Title 30 / Chapter 84 / Section 5014
§ 5014. Acquisition of property
Status: in_force

The Authority may acquire real property, or any interest in it, by eminent domain in accordance with the provisions of sections 110 through 124 of this title; provided, however, that:

(1) No property already appropriated to public use shall be so taken except to the extent and for the purposes permitted by sections 110 through 124 of this title.

(2) No facility for the generation, transmission, or distribution of electric power and energy owned by any person shall be so taken except for the purpose of acquiring property or rights in it in order to permit the crossing of existing transmission or distribution facilities. Any taking under sections 110 through 124 of this title shall be governed by the provisions of these sections that are applicable to public utilities.

(3) No site for a project for which any utility had filed an application for a preliminary permit or a license from the Federal Energy Regulatory Commission on or before November 1, 1977 shall be so taken until such time, if ever, that the application is denied, and no further renewals or appeals are available to the utility, or the utility abandons its application, permit, or license.
30 V.S.A. § 234 — VT Code / Title 30 / Chapter 5 / Section 234
§ 234. Appeal
Status: in_force

A person, partnership, or unincorporated association aggrieved by any act or order of the Public Utility Commission may transfer such cause to the Supreme Court under the provisions of section 12 of this title.
30 V.S.A. § 2918 — VT Code / Title 30 / Chapter 79 / Section 2918
§ 2918. Reports
Status: in_force

The commissioners shall annually, or when requested by the legislative body, make a report to the municipality, at the time other officers of the municipality report, of the condition of the plant financially and otherwise, showing the funds belonging to their department and the expenses and income thereof with such other facts and information as the voters should have, which report shall be published annually.
30 V.S.A. § 8096 — VT Code / Title 30 / Chapter 92 / Section 8096
§ 8096. Legislative intent
Status: in_force

The General Assembly intends that this chapter will result in improved and increased access to mobile telecommunications and broadband services for all underserved Vermont households and businesses.
30 V.S.A. § 212f — VT Code / Title 30 / Chapter 5 / Section 212f
§ 212f. Identification of Department sales on bills
Status: in_force

(a) Each electric company, municipal, cooperative, or private, shall print on all bill statements to customers at least the following information:

(1) the number of kilowatt hours of electricity available to the customer from the Department of Public Service per billing cycle;

(2) the number of kilowatt hours of Department electricity sold to the customer during the billing cycle; and

(3) the price to the customer of the Department's electricity per kilowatt hour.

(b) With respect to the information itemized in subsection (a) of this section, the companies are required to identify clearly the Department of Public Service as the retail source of the electricity.
30 V.S.A. § 32 — VT Code / Title 30 / Chapter 1 / Section 32
§ 32. Injunction proceedings
Status: in_force

Whenever the Department of Public Service is of the opinion that a company subject to its supervision is failing or omitting or is about to fail or omit to do anything required of it by law or by order of the Commission or is doing anything or permitting anything or is about to do anything or to permit anything to be done contrary to or in violation of law or of any order of the Commission, the Department of Public Service may commence an action or proceeding in the Superior Court for the purpose of having the violations or threatened violations stopped and prevented by injunction. An action or proceeding shall begin by a petition alleging the violation complained of and praying for appropriate relief by way of injunction. It shall be the duty of the court to specify the time, not exceeding 21 days after service of a copy of the petition, within which the company complained of must answer the petition, and the court may grant a temporary injunction in accordance with the laws of the State and rules in the case made and provided. The obtaining of a temporary injunction shall constitute a waiver by the State of its sovereign immunity to pay the person enjoined damages as the person may sustain by reason for the injunction if the court shall eventually decide that the State was not equitably entitled to it and the State shall be liable to pay to the person enjoined the sums as would be payable by any other person in the premises. In case of default in answer, or after answer, the court shall immediately inquire into the facts and circumstances in the manner as the court directs without other or formal pleadings and without respect to any technical requirement. Other persons or corporations as it shall seem to the court necessary or proper to join as parties in order to make its order, judgment, or writs effective may be joined as parties upon application of counsel to the Department. The final judgment in any action or proceeding shall either dismiss the action or proceeding or direct that an injunction be issued as prayed for in the petition or in such modified form as the court may determine will afford appropriate relief.
30 V.S.A. § 8102 — VT Code / Title 30 / Chapter 93 / Section 8102
§ 8102. Incentives
Status: in_force

(a) The Clean Energy Development Fund created under section 8015 of this title shall provide at least $100,000.00 in incentives to customers who will connect to a certified Vermont village green renewable project. Any such incentive shall be applied by the customer to the cost of constructing the customer's connection to the project.

(b) Notwithstanding the provisions of subsection (a) of this section or any other law, on and after April 1, 2012, the Clean Energy Development Fund shall make up to $100,000.00 of funds that would otherwise have been available to customers connecting to Vermont village green renewable projects under this section available to other district heating on a competitive basis. The use of such funds shall not be limited to customer connections. For the purpose of this subsection, it shall not be necessary that the district heating be proposed by a municipality, serve a downtown development district or growth center under 24 V.S.A. § 2793 or 2793c, or obtain certification under this chapter.
30 V.S.A. § 3018 — VT Code / Title 30 / Chapter 81 / Section 3018
§ 3018. Amendment of articles
Status: in_force

A cooperative may amend its articles of incorporation by complying with the following requirements: The proposed amendment shall be presented to a meeting of the members, the notice of which shall set forth or have attached to it the proposed amendment. If the proposed amendment, with changes, is approved by the affirmative vote of not less than two-thirds of those members voting the meeting, a certificate of amendment shall be executed and acknowledged on behalf of the cooperative by its president or vice president and its seal shall be affixed to it and attested by its secretary. The certificate of amendment shall recite that it is executed pursuant to this chapter and shall state: (1) the name of the cooperative; (2) the address of its principal office; and (3) the amendment to its articles of incorporation. The president or vice president executing the certificate of amendment shall make and attach to it an affidavit stating that the provisions of this section in respect of the amendment set forth in the articles were duly complied with.
30 V.S.A. § 5017 — VT Code / Title 30 / Chapter 84 / Section 5017
§ 5017. Powers of municipalities
Status: in_force

A municipality may by resolution of its legislative body enter into contracts with the Authority for the purchase, sale, exchange, or transmission of electric energy and other services, on such terms and for such period of time as the resolution may provide. A municipality may by resolution of its legislative body enter into a contract with the Authority related to the issuance of bonds and notes as authorized by section 5031 of this title only after an affirmative vote of the qualified voters at any duly warned annual or special meeting held for that purpose. The required vote may either approve a specific contract with the Authority or it may approve generally the right for the municipality to enter into all such contracts with the Authority by resolution of its legislative body. A municipality may appropriate electricity-derived revenues received in any year to make payments due during that year under any contract made by the municipality with the Authority. Nothing in this section shall be construed to repeal any charter provision or law requiring an election or other condition precedent to the establishment of a municipal electric plant.
30 V.S.A. § 8126 — VT Code / Title 30 / Chapter 94 / Section 8126
§ 8126. Rulemaking
Status: in_force

(a) The Commission shall adopt rules and may issue orders to implement and enforce the Clean Heat Standard program.

(b) The requirements to adopt rules and any requirements regarding the need for legislative approval before any part of the Clean Heat Standard goes into effect do not in any way impair the Commission's authority to issue orders or take any other actions, both before and after final rules take effect, to implement and enforce the Clean Heat Standard.

(c) The Commission's rules may include a provision that allows the Commission to revise its Clean Heat Standard rules by order of the Commission without the revisions being subject to the rulemaking requirements of 3 V.S.A. chapter 25, provided the Commission:

(1) provides notice of any proposed changes;

(2) allows for a 30-day comment period;

(3) responds to all comments received on the proposed change;

(4) provides a notice of language assistance services on all public outreach materials; and

(5) arranges for language assistance to be provided to members of the public as requested using professional language services companies.

(d) Any order issued under subsection (c) of this section shall be subject to appeal to the Vermont Supreme Court under section 12 of this title, and the Commission must immediately file any orders, a redline, and clean version of the revised rules with the Secretary of State, with notice simultaneously provided to the House Committee on Environment and Energy and the Senate Committees on Finance and on Natural Resources and Energy.
30 V.S.A. § 3043 — VT Code / Title 30 / Chapter 81 / Section 3043
§ 3043. Formation of cooperatives by cooperatives
Status: in_force

(a) Notwithstanding any other provision of this chapter, one or more cooperatives formed under the provisions of this chapter may organize and control a cooperative having as its principal purpose the generation, manufacture, purchase, acquisition, accumulation, transmission, sale, supply, and disposal of energy, cable television, telecommunications, interactive media, and internet access. Such a cooperative shall have all of the powers of cooperatives formed under the provisions of this chapter.

(b) Members of a cooperative organized pursuant to subsection (a) of this section shall be the cooperative or cooperatives organizing it and may include any individual, partnership, association, corporation, municipality, or cooperative engaged in the generation, transmission, or distribution of energy within or outside the State of Vermont. The bylaws of a cooperative organized pursuant to subsection (a) of this section may provide for more than one class of membership, including a class or classes with no rights or with limited rights to vote on matters requiring the vote of members under this chapter, and including a class or classes with no rights or limited rights to receive distributions of patronage refunds.
30 V.S.A. § 3023 — VT Code / Title 30 / Chapter 81 / Section 3023
§ 3023. Transfer of rights and liabilities
Status: in_force

All the rights, privileges, immunities, and franchises and all property, real and personal, including applications for membership, all debts due on whatever account, and all other choses in action, of each of the consolidating or merger cooperatives shall be deemed to be transferred to and vested in the new or surviving cooperative respectively, without further act or deed.
30 V.S.A. § 3055 — VT Code / Title 30 / Chapter 82 / Section 3055
§ 3055. Communications plant; sites
Status: in_force

Each member shall make available for lease to the district one or more sites for a communications plant or components thereof within such member municipality.
30 V.S.A. § 4004 — VT Code / Title 30 / Chapter 83 / Section 4004
§ 4004. Taxes
Status: in_force

Electric facilities constructed or otherwise acquired under the terms of this chapter shall be subject to taxation by the municipality within which the same are located in the same manner as like facilities privately owned.
30 V.S.A. § 4005 — VT Code / Title 30 / Chapter 83 / Section 4005
§ 4005. Insurance
Status: in_force

Each participating utility shall have the right and power to enter into contracts or specialized insurance appertaining to property and risks in connection with an incident to the ownership, operation, and maintenance of electric facilities, in addition to the usual forms of available insurance. Each participating utility shall be authorized to enter into contracts or insurance for the use and benefit of each of the other participating utilities as though the insurance was for its sole benefit and to cause the rights of the other participating utilities to be protected by contracts according to their respective undivided interests or entitlements under applicable agreements between the participating utilities.
30 V.S.A. § 402 — VT Code / Title 30 / Chapter 9 / Section 402
§ 402. Prohibition
Status: in_force

The waters of Lake Seymour shall not by any artificial means be raised higher or drawn lower, or permitted through neglect to become lower or higher, than the maximum and minimum levels established by the Commission.
30 V.S.A. § 7504 — VT Code / Title 30 / Chapter 88 / Section 7504
§ 7504. Severability
Status: in_force

In the event that a court determines that some part of this chapter, or its application to a particular circumstance, violates the Constitution or laws of the United States, the remainder of this chapter shall not thereby be declared invalid.
30 V.S.A. § 8089 — VT Code / Title 30 / Chapter 91A / Section 8089
§ 8089. Annual report
Status: in_force

(a) Notwithstanding 2 V.S.A. § 20(d), on or before January 15 of each year, the Board shall submit a report of its activities pursuant to this chapter for the preceding year to the Senate Committees on Finance and on Natural Resources and Energy, the House Committee on Environment and Energy, and the Joint Information Technology Oversight Committee. The report shall include an operating and financial statement covering the Board's operations during the year, including a summary of all grant awards and contracts and agreements entered into by the Board. In addition, the report shall include a description of the progress each start-up communications union district has made in achieving long-term financial sustainability that is not dependent upon public funding, an update on its efforts to secure additional federal funds for broadband deployment, and progress made towards meeting the State's goal of ensuring every E-911 location has access to broadband capable of delivering a minimum of 100 Mbps symmetrical service as required in subdivision 202c(b)(10) of this title.

(b) As part of its first annual report, the Board shall include recommended legislation for policies and programs not authorized under this chapter but consistent with its purpose or for any other policies and programs it deems appropriate. The report shall include recommendations concerning increased access to and use of fiber-optic networks owned by the State or by an electric distribution utility in furtherance of the goals of this chapter. In addition, and with input from relevant stakeholders, the Board shall make recommendations on whether and to what extent authorized expenditures under the Fund should be expanded to include:

(1) funding for equipment replacement in the Department of Libraries' FiberConnect Network;

(2) funding for building-wide Wi-Fi installations at multi-unit affordable housing owned by nonprofits and housing authorities for the purpose of providing free broadband service to the residents thereof;

(3) funding for digital inclusion efforts, such as subsidized customer equipment installations and broadband service, grants for long-term affordability planning, and outreach and digital literacy training;

(4) funding for co-worker spaces;

(5) additional funding for communications workforce development initiatives; and

(6) funding for any other broadband programs or initiatives.
30 V.S.A. § 9 — VT Code / Title 30 / Chapter 1 / Section 9
§ 9. Court of record; seal
Status: in_force

The Commission shall have the powers of a court of record in the determination and adjudication of all matters over which it is given jurisdiction. It may render judgments, make orders and decrees, and enforce the same by any suitable process issuable by courts in this State. The Commission shall have an official seal on which shall be the words, “State of Vermont. Public Utility Commission. Official Seal.”
30 V.S.A. § 7055 — VT Code / Title 30 / Chapter 87 / Section 7055
§ 7055. Originating carrier coordination
Status: in_force

(a) Every originating carrier offering access to the public switched telephone network shall make available, in accordance with requirements established by the Federal Communications Commission, the universal emergency telephone number 911 for use by the public in seeking assistance from fire, police, medical, and other emergency service providers through a public safety answering point and shall deliver their customers' 911 calls to the point of interconnection defined by the Board.

(b) Every originating carrier shall provide the ANI, if applicable, and any other information required by rules adopted under section 7053 of this title to the Board, or to any administrator of 911 databases, solely for purposes of maintaining the 911 databases and for purposes outlined in subdivisions 7059(a)(1)(B) and (D) of this title, unless such information is provided by submission to the Vermont 911 ALI database, in case the information may also be used for the purposes outlined in subdivision 7059(a)(1)(A) of this title. Each such provider shall be responsible for updating the information at a frequency specified by such rules. All persons receiving confidential information under this subsection, as defined by section 7059 of this title, shall use it solely for the purposes specified in subdivision 7059(a)(1) of this title and shall not disclose such confidential information for any other purpose.

(c) Each originating carrier providing services within the State shall designate a person to coordinate with and provide all relevant information to the Enhanced 911 Board in carrying out the purposes of the chapter.

(d) Originating carriers certificated to provide service in the State shall transmit with each 911 call available ANI or pseudo-Automatic Number Identification (p-ANI) that can be used to query the Enhanced 911 or third-party databases to provide the Automatic Location Identification as defined by standards approved by the National Emergency Number Association (NENA). Originating carriers with the capability to provide location and caller data with the call shall do so in accordance with the approved i3 Standards for Next Generation 9-1-1.

(e) Each local exchange telecommunications provider in the State shall file with the Public Utility Commission tariffs for each service element necessary for the provision of Enhanced 911 services. The Public Utility Commission shall review each company's proposed tariff and shall ensure that tariffs for each necessary basic service element are effective within six months after filing. The Department of Public Service, by rule or emergency rule, may establish the basic service elements that each company must provide for in tariffs. Such tariffs must be filed with the Public Utility Commission within 60 days after the basic service elements are established by the Department of Public Service.

(f) As used in this section:

(1) “Incumbent local exchange carrier” has the same meaning as in 47 U.S.C. § 251(h) and includes rural local exchange carriers.

(2) “Originating carrier” or “originating service provider” means an entity that provides voice services to a subscriber and includes incumbent local exchange carriers operating in Vermont.
30 V.S.A. § 253 — VT Code / Title 30 / Chapter 5 / Section 253
§ 253. National Environmental Policy Act review
Status: in_force

The Governor may authorize a State agency, including the Public Utility Commission, to participate as a lead agency or a cooperating agency in any environmental review pursuant to the provisions of the National Environmental Policy Act of 1969, as amended, of any natural gas facility, as defined in subdivision 248(a)(3) of this title, which is to be located in Vermont and which requires a federal approval pursuant to the Natural Gas Act.
30 V.S.A. § 3033 — VT Code / Title 30 / Chapter 81 / Section 3033
§ 3033. Personal liability
Status: in_force

A member shall not be liable or responsible for debts of the cooperative and the property of the members shall not be subject to attachment or execution.
30 V.S.A. § 2913 — VT Code / Title 30 / Chapter 79 / Section 2913
§ 2913. Extension into other municipalities
Status: in_force

After notice and public hearing, the Commission may authorize a municipality that has acquired or constructed and is operating a municipal plant to extend its mains or lines into an adjoining municipality in order to distribute and sell gas or electricity, provided that the outlying municipality is not then being supplied with gas or electricity by a municipal plant or by a utility or provided that the Commission finds that it will promote the general good of the State so to do. Such authorization shall be upon the terms and conditions and with the limitations and restrictions as the Commission finds will promote the general good of the State.
30 V.S.A. § 2515 — VT Code / Title 30 / Chapter 71 / Section 2515
§ 2515. Erecting new lines
Status: in_force

When a person or corporation is about to erect a line of telegraph or telephone wires, in and along a highway within a town, in and along which a line of poles has already been erected by another person or corporation for a similar purpose, the Transportation Board or selectboard of such town shall have the right to permit and may require the new line to be attached to the poles already standing, as provided in section 2516 of this title.
30 V.S.A. § 7512 — VT Code / Title 30 / Chapter 88 / Section 7512
§ 7512. Telecommunications relay service
Status: in_force

The fiscal agent shall make distributions for the Vermont telecommunications relay service to the State Treasurer. The amount of the transfer shall be determined by the Commissioner of Public Service as the amount reasonably necessary to pay the costs of a contract administered by the Department of Public Service.
30 V.S.A. § 52 — VT Code / Title 30 / Chapter 2 / Section 52
§ 52. Home energy rating organization accreditation
Status: in_force

(a) The Department of Public Service shall carry out an accreditation process for home energy rating organizations, in consultation with representatives of interested parties, including builders, building designers, mortgage lenders, real estate licensees, home appraisers, utilities, nonutility fuel suppliers, the Vermont Housing Finance Agency, and contractors who provide home energy rating services. As part of the accreditation process, the Department of Public Service shall consider any national home energy rating system guidelines and shall determine whether each provider of home energy ratings in the State of Vermont complies with the accreditation criteria adopted pursuant to this section.

(b) Once the Department of Public Service carries out an accreditation process pursuant to subsection (a) of this section, no organization may provide home energy rating services in the State unless the organization has been accredited by the Department.

(c) The Department shall consult with the organizations described in subsection (a) of this section to facilitate a public information program to inform homeowners, renters, sellers, and others regarding the accreditation process and of the statewide home energy rating organizations accredited by the Department.
30 V.S.A. § 3031 — VT Code / Title 30 / Chapter 81 / Section 3031
§ 3031. Mortgage and investment
Status: in_force

(a) The board of directors of a cooperative shall have full power and authority, without authorization by the members, to authorize the execution and delivery of a mortgage or mortgages or a deed or deeds of trust of, or the pledging or encumbering of, any or all of the property, assets, rights, privileges, licenses, franchises, and permits of the cooperative, whether acquired or to be acquired, and wherever situated, as well as the revenues and income, all upon such terms and conditions as the board of directors shall determine, to secure indebtedness of the cooperative in the ordinary course of the cooperative's electric business.

(b) The board of directors of a cooperative shall have full power and authority, with the approval of two-thirds of the members of the cooperative voting on such authorization, to authorize the execution and delivery of a mortgage or mortgages or a deed of trust of, or the pledging or encumbering of, any or all of the property, assets, rights, privileges, licenses, franchises, and permits of the cooperative, whether acquired or to be acquired, and wherever situated, as well as the revenues and income, upon terms and conditions as the board of directors shall determine, to secure indebtedness of the cooperative for purposes authorized by statute other than operation of the cooperative's electric business.

(c) No more than 50 percent of the member equity of an electric cooperative subject to the provisions of this chapter may be used to invest in all business activities authorized by statute, other than electric business activities. Each individual investment by the electric cooperative in a business activity authorized by statute, other than electric, exceeding three percent of the members' equity, may be made only with approval of two-thirds of the members voting on such proposal.

(d) Business activities authorized by statute, other than electric, shall be geographically limited to any county in which the cooperative has authority to sell energy or other services furnished by the cooperative when they are made available through its electric distribution facilities, or any county in which an authorized business is presently serving.
30 V.S.A. § 7522 — VT Code / Title 30 / Chapter 88 / Section 7522
§ 7522. Rebate for payment elsewhere
Status: in_force

When a telecommunications service is subject to the Charge imposed by section 7521 of this title and also to a similar charge imposed for similar purposes in another state, the customer shall be liable only for the difference between the amount demonstrably paid in the other state and the amount due in this State.
30 V.S.A. § 2518 — VT Code / Title 30 / Chapter 71 / Section 2518
§ 2518. Restriction of right to move poles; action
Status: in_force

The proprietors of a line of poles so required to be used by another person or corporation shall not take down or alter the position of such poles without obtaining permission of all parties who may have acquired a right to use the same, or the permission of the Transportation Board or selectboard. A person or corporation injured by a violation of this section may recover the amount of the injury in an action on this statute.
30 V.S.A. § 3083 — VT Code / Title 30 / Chapter 82 / Section 3083
§ 3083. Dissolution
Status: in_force

(a) If the board by resolution approved by two-thirds of all the votes entitled to be cast determines that it is in the best interests of the public, the district members, and the district that such district be dissolved, and if the district then has no outstanding obligations under pledges of communications plant net revenue, long-term contracts, or contracts subject to annual appropriation, or will have no such debt or obligation upon completion of the plan of dissolution, it shall prepare a plan of dissolution and thereafter adopt a resolution directing that the question of such dissolution and the plan of dissolution be submitted to the voters of the district at a special meeting thereof duly warned for such purpose. If a majority of the voters of the district present and voting at such special meeting shall vote to dissolve the district and approve the plan of dissolution, the district shall cease to conduct its affairs except insofar as may be necessary for the winding up thereof. The board shall immediately cause a notice of the proposed dissolution to be mailed to each known creditor of the district and to the Secretary of State and shall proceed to collect the assets of the district and apply and distribute them in accordance with the plan of dissolution.

(b) The plan of dissolution shall:

(1) identify and value all unencumbered assets;

(2) identify and value all encumbered assets;

(3) identify all creditors and the nature or amount of all liabilities and obligations;

(4) identify all obligations under long-term contracts and contracts subject to annual appropriation;

(5) specify the means by which assets of the district shall be liquidated and all liabilities and obligations paid and discharged, or adequate provision made for the satisfaction thereof;

(6) specify the means by which any assets remaining after discharge of all liabilities shall be liquidated if necessary; and

(7) specify that any assets remaining after payment of all liabilities shall be apportioned and distributed among the district members according to a formula based upon population.

(c) When the plan of dissolution has been implemented, the board shall adopt a resolution certifying that fact to the district members whereupon the district shall be terminated, and notice thereof shall be delivered to the Secretary of the Senate and the Clerk of the House of Representatives in anticipation of confirmation of dissolution by the General Assembly.
30 V.S.A. § 601 — VT Code / Title 30 / Chapter 14 / Section 601
§ 601. Definitions
Status: in_force

(a) The following words as used in this chapter shall, unless the context otherwise requires, have the meanings provided in subsection (b) of this section.

(b)(1) “New England power pool agreement,” a contractual agreement between electric utilities that is open to all electric utilities, whether private or governmental, operating in New England, that provides for cooperation and joint participation in developing and implementing a regional bulk power supply of electricity, that constitutes the central dispatching and primary pooling arrangement for electric utilities in the New England states, and that has been permitted to become effective under the Federal Power Act by the Federal Power Commission or the Federal Energy Regulatory Commission.

(2) “New England power pool,” is the relationship or organization created by the New England power pool agreement.
30 V.S.A. § 2924 — VT Code / Title 30 / Chapter 79 / Section 2924
§ 2924. Approval by voters of municipality
Status: in_force

(a) With respect to matters not subject to section 248 of this title, a municipal department established under this chapter or local charter shall obtain the approval of the voters of the municipality 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 municipal department shall obtain the approval required by subsection (a) of this section by a vote of a majority of the voters of the municipality voting upon the question at a duly warned annual or special meeting to be held for that purpose. Prior to the meeting, the municipal department 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. § 3065 — VT Code / Title 30 / Chapter 82 / Section 3065
§ 3065. Rules of procedure
Status: in_force

Except as otherwise provided by law, or as may be agreed upon by the board, Robert's Rules of Order shall govern at all meetings.
30 V.S.A. § 7006a — VT Code / Title 30 / Chapter 86 / Section 7006a
§ 7006a. Maintenance of underground utility facility markings
Status: in_force

After a company has marked its underground facilities in accordance with section 7006 of this title, the excavator shall be responsible for maintenance of the designated markings. In the event said markings are obliterated, destroyed, or removed, the person engaged in excavation activities shall notify the System referred to in section 7002 of this title that remarking is needed. The System shall then notify all member companies whose facilities may be affected. Each applicable company shall, within 72 hours, exclusive of Saturdays, Sundays, and legal holidays, following receipt of the notice, remark the location of its underground utility facilities.
30 V.S.A. § 232 — VT Code / Title 30 / Chapter 5 / Section 232
§ 232. Sales, leases, pledges, bonds, notes; hearings
Status: in_force

(a) Except in connection with replacement or exchange, an individual, partnership, or unincorporated association conducting such public service business shall not make a sale or lease or series of sales or leases in any one calendar year constituting 10 percent or more of its property located within this State and actually used in or required for public service operations or mortgage or pledge any of its property or issue any bonds, notes, or other evidences of indebtedness without the consent of the Public Utility Commission, given on petition and after opportunity for hearing and a finding that the same will promote the general good of the State. Notice of such hearing shall be given as the Commission directs.

(b) Notwithstanding subsection (a) of this section, an individual, partnership, or unincorporated association may issue evidences of indebtedness payable within one year from date of issue without such consent provided such borrowing is necessary as an emergency to restore service immediately after disaster or provided its total evidences of indebtedness so payable within one year do not exceed 20 percent of its total assets. If such evidences of indebtedness in an amount that would cause its total evidences of indebtedness so payable within one year to exceed 20 percent of its total assets, then it shall give the Commission notice in writing of its intention so to do at least 10 days before the date of the proposed issue. If the Commission determines after considering the notice and the said individual, partnership, or unincorporated association's report to the Commission that further inquiry is warranted, it shall order such individual, partnership, or unincorporated association not to issue such evidences of indebtedness under this subsection without the consent of the Commission given after opportunity for hearing; provided, however, that if the Commission does not make such an order within 10 days from the time it receives such notice under this subsection, then the individual, partnership, or unincorporated association may issue such evidences of indebtedness without the consent of the Public Utility Commission, and the Commission shall so notify such individual, partnership, or unincorporated association in writing.

(c) Nothing in this section shall restrict the right of a common carrier by motor vehicle to issue evidences of indebtedness payable within one year from the date of issue without prior notice to or consent by the Commission.
30 V.S.A. § 8121 — VT Code / Title 30 / Chapter 94 / Section 8121
§ 8121. Intent
Status: in_force

Pursuant to 2 V.S.A. § 205(a), it is the intent of the General Assembly that the Clean Heat Standard be designed and implemented in a manner that achieves Vermont's thermal sector greenhouse gas emissions reductions necessary to meet the requirements of 10 V.S.A. § 578(a)(2) and (3), minimizes costs to customers, protects public health, and recognizes that affordable heating is essential for Vermonters. It shall enhance social equity by prioritizing customers with low income and moderate income and those households with the highest energy burdens. The Clean Heat Standard shall, to the greatest extent possible, maximize the use of available federal funds to deliver clean heat measures.
30 V.S.A. § 7005 — VT Code / Title 30 / Chapter 86 / Section 7005
§ 7005. Notification by System
Status: in_force

Upon receiving notice of excavation activities, the System shall notify all member companies whose facilities may be affected. An adequate record shall be maintained by the System to document compliance with requirements of this chapter.
30 V.S.A. § 4006 — VT Code / Title 30 / Chapter 83 / Section 4006
§ 4006. Construction of chapter
Status: in_force

Notwithstanding any other provision of this chapter, nothing in this chapter shall have the effect of, or be construed as, altering, amending, or repealing the statutory purposes provided for by any statute enacted by the General Assembly of Vermont pertaining to the creation, establishment, or operation of municipal electric utilities or electric cooperatives.
30 V.S.A. § 2521 — VT Code / Title 30 / Chapter 71 / Section 2521
§ 2521. Private lines
Status: in_force

The Transportation Board or selectboard may authorize persons, upon such terms as it prescribes and subject to the provisions of this chapter so far as applicable, to construct for private use such lines along the highways of the town.
30 V.S.A. § 2801 — VT Code / Title 30 / Chapter 77 / Section 2801
§ 2801. General duties; rates; powers of Public Utility Commission
Status: in_force

(a) A person, association, company, or corporation engaged in the business of generating in this State electric energy or transmitting in this State electric energy generated from outside the State and distributing it for heating, lighting, or power purposes or for any other public use, if and when requested so to do, at all reasonable times shall sell and distribute the same to any and all persons, companies, associations, cooperatives, and corporations, municipal, public, or private, that desire to use the same within this State for either or any of such purposes. Such sale and distribution shall be subject, however, to such reasonable limitations as to the amount of energy to be furnished a purchaser, and shall in no case be beyond what is reasonably necessary and also as to the distance from the generating plant or from its lines of transmission that such energy shall be delivered, as the Public Utility Commission may determine after hearing had upon due notice thereof given to the parties interested. The charges made by a person, company, or corporation for electric energy so sold and distributed, shall be reasonable. In case the parties do not agree as to the amount of such charges, the Public Utility Commission, upon hearing had after proper notice to both, shall fix and determine the same, and may, upon like notice and hearing, from time to time, change them; and, fixing and determining such charges, the amount sold and the distance from the generating plant or lines of transmission to the place of delivery, and such other conditions as affect the cost of production, transmission, and value shall be considered.

(b) Such charges made by such person, association, company, or corporation for such electric energy shall not include the cost of political activity or political advertising incurred or paid by such person, association, company, or corporation.

(c) For the purposes of this section:

(1) “Activity” means speaking engagements, consultations, and appearances, and all things done or matters performed in preparation for or in connection with such things.

(2) “Political activity” means activity within the definition of “legislative counsel” or “legislative agent” as those terms are defined by 2 V.S.A. § 251, similar activity before or in connection with other political forums and similar or like activities engaged in for the purpose of influencing public opinion with respect to the election or appointment of public officials, referenda, legislation, or ordinances, or for the purpose of influencing the decisions of public officials, but shall not include such expenditures that are directly related to appearances before regulatory or other governmental bodies in connection with the reporting and defending the existing or proposed rates and operations of such person, association, company, or corporation.

(3) “Advertising” means the commercial use of any media including newspaper and all other forms of print, radio, and television, in order to transmit a message to a substantial number of members of the public or customers of a utility.

(4) “Political advertising” means advertising for the purpose of influencing public opinion with respect to any legislative, executive, administrative, or electoral decision.
30 V.S.A. § 3078 — VT Code / Title 30 / Chapter 82 / Section 3078
§ 3078. Sinking and reserve funds
Status: in_force

(a) The board may establish and provide for sinking and reserve funds, however denominated, for the retirement and security of pledges of communications plant net revenue, or for long-term contracts. When so established, such funds shall be kept intact and separate from other monies at the disposal of the district, and shall be accounted for as a pledged asset for the purpose of retiring or securing such obligations or contracts. The cost of payments to any sinking or reserve fund shall be included in the annual budget of the district.

(b) The board shall establish and provide for a capital reserve fund to pay for communications plant improvements, replacement of worn out buildings and equipment, and planned and unplanned major repairs in furtherance of the purpose for which the district was created. Any such capital reserve fund shall be kept in a separate account and invested as are other public funds and shall be expended for such purposes for which established. The cost of payments to any capital reserve fund shall be included in the annual budget of the district.
30 V.S.A. § 2501 — VT Code / Title 30 / Chapter 71 / Section 2501
§ 2501. Town; duties of certain officers
Status: in_force

As used in this chapter, the word “town” includes an incorporated village or city, and the words “telegraph, telephone, and electric lines or wires” include wires or cables used in conjunction with a cable television system as defined in section 501 of this title. Where powers are given to or duties imposed upon the selectboard with reference to a town, the aldermen of a city, or the trustees of a village shall have the same powers and perform like duties in relation to their respective city or village. The powers given or duties imposed by this chapter upon the selectboard shall be exercised and performed by the Agency of Transportation in relation to State highways, except those of a regulatory or quasi-judicial nature, which shall be exercised and performed by the Transportation Board.
30 V.S.A. § 2528 — VT Code / Title 30 / Chapter 71 / Section 2528
§ 2528. Injuries to line
Status: in_force

A person who willfully or intentionally injures a wire, post, or other fixture erected or maintained in pursuance of this chapter, or who willfully interferes with the working of the same, or who aids or assists in such offense, shall forfeit to the owner $100.00 to be recovered in an action on this statute and may also be imprisoned not more than five years or fined not more than $500.00, or both.
30 V.S.A. § 3011 — VT Code / Title 30 / Chapter 81 / Section 3011
§ 3011. Voting
Status: in_force

Each member shall be entitled to one vote on each matter submitted to a vote at a meeting of the members. Voting shall be in person, but if the bylaws so provide, may also be by proxy, by mail, telephonically, or electronically. If the bylaws provide for voting by proxy, by mail, telephonically, or electronically, they shall also prescribe the conditions under which such voting shall be permitted. No person shall vote as proxy for more than three members at any meeting. If the bylaws of a cooperative provide for voting by proxy, by mail, telephonically, or electronically, such vote shall have full force and effect as if voted in person by a member at a meeting of the members in accordance with the provisions of the bylaws and as specifically referred to under this title and chapter.
30 V.S.A. § 3028 — VT Code / Title 30 / Chapter 81 / Section 3028
§ 3028. Dissolution of cooperatives
Status: in_force

A cooperative that has commenced business may be dissolved in the following manner: The members at a meeting shall approve, by the affirmative vote of not less than two-thirds of the members voting a meeting, a proposal that the cooperative be dissolved. Upon approval, a certificate of election to dissolve, designated the “certificate,” executed under oath and acknowledged on behalf of the cooperative by its president or vice president under its seal, attested by its secretary, and stating (1) the name of the cooperative; (2) the address of its principal office; and (3) that the members of the cooperative have duly voted that the cooperative be dissolved, shall be filed with the Secretary of State. Upon filing of a certificate by the Secretary of State, the cooperative shall cease to carry on its business except to the extent necessary for the winding up but its corporate existence shall continue until a certificate of dissolution has been filed by the Secretary of State. The board of directors shall immediately cause notice of the dissolution proceedings to be mailed to each known creditor of and claimant against the cooperative and to be published once a week for two successive weeks in a newspaper of general circulation in the county in which the principal office of the cooperative is located. The board of directors shall wind up and settle the affairs of the cooperative; collect sums owing to it; liquidate its property and assets; pay and discharge its debts, obligations, and liabilities; and do all other things required to wind up its business. After paying or discharging or adequately providing for the payment or discharge of all its debts, obligations, and liabilities, the board shall distribute any remaining sums among its members and former members in proportion to the patronage of the respective members or former members during the seven years next preceding the date of the filing of the certificate by the Secretary of State, or if the cooperative has not been in existence for such period, then during the period of its existence prior to the filing. The board of directors shall authorize the execution of a certificate of dissolution, which shall be executed and acknowledged on behalf of the cooperative by its president or vice president, and its seal shall be affixed to it and attested by its secretary. The certificate of dissolution shall recite that it is executed pursuant to this chapter and shall state: (1) the name of the cooperative; (2) the address of its principal office; (3) the date on which the certificate of election to dissolve was filed by the Secretary of State; (4) that there are no actions or suits pending against the cooperative; (5) that all debts, obligations, and liabilities of the cooperative have been paid and discharged or that adequate provision has been made; and (6) that the provisions of this chapter relative to dissolution have been duly complied with. The president or vice president executing the certificate of dissolution shall make and attach to an affidavit stating that the statements made in it are true.
30 V.S.A. § 2806 — VT Code / Title 30 / Chapter 77 / Section 2806
§ 2806. Penalty
Status: in_force

A person or corporation that violates a provision of sections 2801-2805 of this title shall be fined not more than $5,000.00.
30 V.S.A. § 3067 — VT Code / Title 30 / Chapter 82 / Section 3067
§ 3067. Officers; bond
Status: in_force

(a) The officers of the district shall be the chair and the vice chair of the board, the clerk of the district, and the treasurer of the district. Prior to assuming their offices, officers may be required to post bond in such amounts as shall be determined by resolution of the board. The cost of such bond shall be borne by the district.

(b) The chair shall preside at all meetings of the board and shall make and sign all contracts on behalf of the district upon approval by the board. The chair shall perform all duties incident to the position and office as required by the general laws of the State.

(c) During the absence of or inability of the chair to render or perform his or her duties or exercise his or her powers, the same shall be performed and exercised by the vice chair and when so acting, the vice chair shall have all the powers and be subject to all the responsibilities hereby given to or imposed upon the chair.

(d) During the absence or inability of the vice chair to render or perform his or her duties or exercise his or her powers, the board shall elect from among its membership an acting vice chair who shall have the powers and be subject to all the responsibilities hereby given or imposed upon the vice chair.

(e) Upon the death, disability, resignation, or removal of the chair or vice chair, the board shall immediately elect a successor to the vacant office until the next annual meeting.
30 V.S.A. § 4002a — VT Code / Title 30 / Chapter 83 / Section 4002a
§ 4002a. All requirements contracts
Status: in_force

(a) For purposes of this section, and subdivisions 4002(6) and 5012(15) of this title, the term “all requirements service” shall mean service pursuant to a contract by which the Vermont Public Power Supply Authority assumes responsibility for power supply arrangements and other arrangements pertaining to the procurement and transmission of electric energy and capacity, on behalf of those systems that are signatories to a contract under this section, and subdivisions 4002(6) and 5012(15) of this title, and such contract may contain provisions consistent with and shall be subject to the provisions of section 5013 of this title in the same manner as a capacity and output contract. Such contract may include provisions under which the Vermont Public Power Supply Authority will provide demand-side management programs and least-cost integrated plans for the contracting utility.

(b) Prior to entering into such a contract, the municipal or cooperative utility must obtain:

(1) Approval, upon petition of the utility or of the Authority, by the Public Utility Commission of the proposed arrangement, which shall be given upon findings that the proposed arrangement will promote the general good of the ratepayers of the utility or utilities and is consistent with least-cost integrated planning principles. The proposed contract reflecting the arrangement shall be filed with the Commission and the Department at least 45 days prior to its intended execution, and the Department shall make its recommendation as to whether it accepts or does not accept the contract within 30 days following the date on which the proposed contract was filed. Should the Department oppose the contract, or the Commission on its own motion determine that investigation into the contract is appropriate, the Commission shall hear evidence on the matter and shall determine, within seven months of the intended execution date, whether the contract promotes the general good as described in this subdivision. Failure of the Commission to act within seven months shall be deemed to constitute approval of the contract.

(2) Approval of the arrangement, within 90 days following approval or failure to act by the Public Utility Commission under subdivision (1) of this subsection, by a majority of persons voting in a duly warned election called by the cooperative or municipality for the purpose of considering such arrangement.

(c) Nothing in this section or subdivision 4002(6) of this title shall be construed as precluding entry by municipal or cooperative utilities into letters of intent or other conditional arrangements for ultimate entry into a contract contemplated by this section and subdivision 5012(15) of this title.

(d) Any contract under this section shall contain provisions allowing for its termination upon appropriate prior notice, with due consideration for the equitable allocation of obligations incurred pursuant to subdivision 5012(6) of this title during the period of delegated authority. Where a petition signed by not less than five percent of the qualified voters of a municipality or members of a cooperative, requesting termination of the participation of the municipality or cooperative in an all requirements contract, is filed with the clerk of the municipality or the board of directors of the cooperative, the legislative body of the municipality or the board of directors of the cooperative shall provide for a binding vote of the municipality or cooperative in accordance with this subsection within 60 days following filing, at an annual or special meeting duly warned for that purpose.

(e) No contract under this section reduces the responsibility of a contracting utility to develop cost-effective demand-side and supply-side resources in accordance with an approved least-cost integrated plan. However, the utility may delegate authority to the Vermont Public Power Supply Authority to prepare, file, and seek approval of least-cost integrated resource plans on behalf of the contracting utility.
30 V.S.A. § 5036 — VT Code / Title 30 / Chapter 84 / Section 5036
§ 5036. Credit of State and members of Authority not pledged
Status: in_force

Obligations issued under the provisions of this chapter shall not be deemed to constitute a debt or liability or obligation of the State or of any political subdivision of it or of any member of the Authority, nor shall it be deemed to constitute a pledge of the faith and credit of the State or of any political subdivision or of any member of the Authority, but shall be payable solely from the revenues or assets of the Authority. Each obligation issued by the Authority shall contain on its face a statement to the effect that the Authority shall not be obligated to pay the same nor the interest on it except from the revenues or assets pledged for those purposes and that neither the faith and credit nor the taxing power of the State or of any political subdivision of it or of any member of the Authority is pledged to the payment of the principal of or the interest on these obligations.
30 V.S.A. § 511 — VT Code / Title 30 / Chapter 13 / Section 511
§ 511. Extensions for transfer or sale
Status: in_force

At the end of a certificate period that was not renewed, or if a certificate is revoked, the Commission may grant the company a period of time, not to exceed one year, to transfer ownership or sell company assets.
30 V.S.A. § 3036 — VT Code / Title 30 / Chapter 81 / Section 3036
§ 3036. Acknowledgments, members authorized
Status: in_force

A person who is authorized to take acknowledgments under the laws of this State shall not be disqualified from taking acknowledgments of instruments executed in favor of a cooperative or to which it is a party, by reason of being an officer, director, or member of such cooperative.
30 V.S.A. § 2804 — VT Code / Title 30 / Chapter 77 / Section 2804
§ 2804. Citation; service; hearing
Status: in_force

The petition, with a citation attached, signed by the Chair or one of the other members of the Commission, or its clerk, shall require the petitionee to appear at a certain time and place within not less than 10 days after the date of the citation. The citation, with the petition, shall be served on the petitionee like a summons, not less than six days before the date the petitionee is required to appear. At the required time and place, the Commission shall hear the parties and their witnesses and any other evidence as they may offer and determine the facts and make an order and decree as the law and justice require, which shall be final unless appealed from. The Commission may adjourn the hearing from time to time and to another place in the county and may adjourn it elsewhere if the parties consent.
30 V.S.A. § 8131 — VT Code / Title 30 / Chapter 94 / Section 8131
§ 8131. Rulemaking authority
Status: in_force

Notwithstanding any other provision of law to the contrary, the Commission shall not file proposed rules with the Secretary of State implementing the Clean Heat Standard without specific authorization enacted by the General Assembly.
30 V.S.A. § 7503 — VT Code / Title 30 / Chapter 88 / Section 7503
§ 7503. Fiscal agent
Status: in_force

(a) A fiscal agent shall be selected to receive and distribute funds under this chapter.

(b) The fiscal agent shall be selected by the Commissioner of Public Service after competitive bidding. No telecommunications service provider shall be eligible to be the fiscal agent. The duties of the fiscal agent shall be determined by a contract with a term not greater than three years.

(c) In order to finance grants and other expenditures that have been approved by the Commissioner of Public Service, the fiscal agent may borrow money from time to time in anticipation of receipts during the current fiscal year. No such note shall have a term of repayment in excess of one year, but the fiscal agent may pledge its receipts in the current and future years to secure repayment. Financial obligations of the fiscal agent are not guaranteed by the State of Vermont.

(d) The fiscal agent shall be audited annually by a certified public accountant in a manner determined by and under the direction of the Commissioner of Public Service.

(e) The financial accounts of the fiscal agent shall be available at reasonable times to any telecommunications service provider in this State. The Commissioner of Public Service may investigate the accounts and practices of the fiscal agent and may enter orders concerning the same.

(f) The fiscal agent acts as a fiduciary and holds funds in trust for the ratepayers until the funds have been disbursed as provided pursuant to section 7511 of this chapter.
30 V.S.A. § 512 — VT Code / Title 30 / Chapter 13 / Section 512
§ 512. Assistance to unserved areas
Status: in_force

(a) The legislative body of a municipality unserved by a cable television system, and that desires such service, may request the assistance of the Department of Public Service. Upon receipt of any request from a municipality in an unserved area, the Department shall analyze and define the service territory, taking particular account of the type of service that may be requested by the municipality, and the service currently provided by companies in contiguous areas. The Department shall prepare a request for proposals to provide such service and submit the request to all companies that the Department determines would likely serve the areas, and shall advertise in the local trade and press.

(b) Upon receipt of any responses to serve the municipality, the Department shall submit them together with any comment thereon to the municipality, and invite the responding companies to apply for a certificate of public good under this chapter.
30 V.S.A. § 2519 — VT Code / Title 30 / Chapter 71 / Section 2519
§ 2519. No prescriptive rights
Status: in_force

Enjoyment of any length of time of the privilege of maintaining a line of telegraph, telephone, or electric wires, poles, conduits, or other apparatus upon or over the buildings or lands of other persons shall not give a right to the continued enjoyment of such easement or raise a presumption of a grant thereof.
30 V.S.A. § 608 — VT Code / Title 30 / Chapter 14 / Section 608
§ 608. Bonding authority - City of Burlington
Status: in_force

(a) The City of Burlington, when authorized by a two-thirds vote of all voters present and voting at a meeting called for that purpose, may pledge its credit by issuing the negotiable orders, warrants, notes, or bonds for project costs, or its share of project costs, of electric power facilities authorized pursuant to section 604 of this chapter. Such project costs may include all costs, whether incurred prior to or after the issue of bonds or notes, of acquisition, site development, construction, improvement, enlargement, reconstruction, alteration, machinery, equipment, furnishings, nuclear fuel, demolition or removal of existing buildings or structures, including the cost of acquiring any lands to which such buildings or structures may be moved, financing charges, interest prior to and during the carrying out of any project and for a reasonable period thereafter, planning, engineering, financial advisory and legal services, administrative expenses, prepayments under contracts made pursuant to section 604 of this chapter, the funding of notes issued for project costs as provided, and all other expenses incidental to the determination of the feasibility of any project or to carrying out the project or to placing the project in operation.

(b) The obligations shall be issued in accordance with the charter of the City of Burlington. The amount of obligations issued for such purpose shall not be considered in computing any debt limit applicable to the City.

(c) The March 6, 1973 vote of the voters of the City of Burlington authorizing and empowering the Burlington City Council to pledge the credit of the City by issuing general obligation bonds or notes in an amount not to exceed $6,000,000.00 for the purpose of acquiring joint ownership interests in four nuclear power plants presently designated as the Connecticut 1979 Nuclear Unit, Pilgrim No. 2, and Seabrook Units No. 1 and No. 2, to be constructed and located in the states of Connecticut, Massachusetts, and New Hampshire is hereby ratified, adopted, and validated in all respects. In addition, any authorized action taken during the calendar year that commenced January 1, 1974 shall be valid and effective as if this chapter were in effect on January 1, 1974.
30 V.S.A. § 8007 — VT Code / Title 30 / Chapter 89 / Section 8007
§ 8007. Small renewable energy plants; simplified procedures
Status: in_force

(a) The same application form, rules, and procedures that the Commission applies to net metering systems of 150 kilowatts (kW) or less under sections 248 and 8010 of this title shall apply to the review under section 248 of this title of any renewable energy plant with a plant capacity of 150 kW or less and to the interconnection of such a plant with the system of a Vermont retail electricity provider. This requirement includes any waivers of criteria under section 248 of this title made pursuant to section 8010 of this title.

(b) With respect to renewable energy plants that have a plant capacity that is greater than 150 kW and is 2.2 MW or less, the Commission shall establish by rule or order standards and procedures governing application for, and issuance or revocation of, a certificate of public good for such a plant under the provisions of section 248 of this title, and the interconnection of such a plant with the system of a Vermont retail electricity provider.

(1) In developing such rules or orders, the Commission:

(A) Shall waive the requirements of section 248 of this title that are not applicable to such a plant, including, for a plant that is not owned by a Vermont retail electricity provider, criteria that are generally applicable to such a provider.

(B) May modify notice and hearing requirements of this title as it deems appropriate.

(C) Shall simplify the petition and review process as appropriate.

(2) Notwithstanding 1 V.S.A. §§ 213 and 214, a petitioner whose petition under section 248 of this title is pending as of the effective date of a Commission rule or order under this subsection (b) may elect to apply the standards and procedures of such a rule or order to the pending petition if the petition pertains to a renewable energy plant with a plant capacity that is greater than 150 kW and is 2.2 MW or less.