30 V.S.A. § 218c — VT Code / Title 30 / Chapter 5 / Section 218c
§ 218c. Least-cost integrated planning
Status: repealed

(a)(1) A “least-cost integrated plan” for a regulated electric or gas utility is a plan for meeting the public's need for energy services, after safety concerns are addressed, at the lowest present value life cycle cost, including environmental and economic costs, through a strategy combining investments and expenditures on energy supply, transmission, and distribution capacity, transmission and distribution efficiency, and comprehensive energy efficiency programs. Economic costs shall be assessed with due regard to:

(A) the greenhouse gas inventory developed under the provisions of 10 V.S.A. § 582;

(B) the State's progress in meeting its greenhouse gas reduction goals;

(C) the value of the financial risks associated with greenhouse gas emissions from various power sources; and

(D) consistency with section 8001 (renewable energy goals) of this title.

(2) “Comprehensive energy efficiency programs” shall mean a coordinated set of investments or program expenditures made by a regulated electric or gas utility or other entity as approved by the Commission pursuant to subsection 209(d) of this title to meet the public's need for energy services through efficiency, conservation, or load management in all customer classes and areas of opportunity that is designed to acquire the full amount of cost-effective savings from such investments or programs.

(b) Each regulated electric or gas company shall prepare and implement a least-cost integrated plan for the provision of energy services to its Vermont customers. At least every third year on a schedule directed by the Public Utility Commission, each such company shall submit a proposed plan to the Department of Public Service and the Public Utility Commission. The Commission, after notice and opportunity for hearing, may approve a company's least-cost integrated plan if it determines that the company's plan complies with the requirements of subdivision (a)(1) of this section and of sections 8004 and 8005 of this title and is consistent with the goals of the Comprehensive Energy Plan issued under section 202b of this title.

(c) [Repealed.]

(d)(1) Least-cost transmission services shall be provided in accordance with this subsection. On or before July 1, 2006, any electric company that does not have a designated retail service territory and that owns or operates electric transmission facilities within the State of Vermont, in conjunction with any other electric companies that own or operate these facilities, jointly shall prepare and file with the Department of Public Service and the Public Utility Commission a Transmission System Plan that looks forward for a period of at least 10 years. A copy of the plan shall be filed with each of the following: the House Committees on Commerce and Economic Development and on Environment and Energy and the Senate Committees on Finance and on Natural Resources and Energy. The objective of the Plan shall be to identify the potential need for transmission system improvements as early as possible, in order to allow sufficient time to plan and implement more cost-effective nontransmission alternatives to meet reliability needs, wherever feasible. The Plan shall:

(A) identify existing and potential transmission system reliability deficiencies by location within Vermont;

(B) estimate the date, and identify the local or regional load levels and other likely system conditions at which these reliability deficiencies, in the absence of further action, would likely occur;

(C) describe the likely manner of resolving the identified deficiencies through transmission system improvements;

(D) estimate the likely costs of these improvements;

(E) identify potential obstacles to the realization of these improvements; and

(F) identify the demand or supply parameters that generation, demand response, energy efficiency, or other nontransmission strategies would need to address to resolve the reliability deficiencies identified.

(2) Prior to the adoption of any Transmission System Plan, a utility preparing a Plan shall host at least two public meetings at which it shall present a draft of the Plan and facilitate a public discussion to identify and evaluate nontransmission alternatives. The meetings shall be at separate locations within the State, in proximity to the transmission facilities involved or as otherwise required by the Commission, and each shall be noticed by at least two advertisements, each occurring between one and three weeks prior to the meetings, in newspapers having general circulation within the State and within the municipalities in which the meetings are to be held. Copies of the notices shall be provided to the Public Utility Commission, the Department of Public Service, any entity appointed by the Public Utility Commission pursuant to subdivision 209(d)(2) of this title, the Agency of Natural Resources, the Division for Historic Preservation, the Department of Health, the Agency of Transportation, the Attorney General, the chair of each regional planning commission, each retail electricity provider within the State, and any public interest group that requests, or has made a standing request for, a copy of the notice. A verbatim transcript of the meetings shall be prepared by the utility preparing the Plan, shall be filed with the Public Utility Commission and the Department of Public Service, and shall be provided at cost to any person requesting it. The Plan shall contain a discussion of the principal contentions made at the meetings by members of the public, by any State agency, and by any utility.

(3) Prior to the issuance of the Transmission Plan or any revision of the Plan, the utility preparing the Plan shall offer to meet with each retail electricity provider within the State, with any entity appointed by the Public Utility Commission pursuant to subdivision 209(d)(2) of this title, and with the Department of Public Service, for the purpose of exchanging information that may be relevant to the development of the Plan.

(4)(A) A Transmission System Plan shall be revised:

(i) within nine months of a request to do so made by either the Public Utility Commission or the Department of Public Service; and

(ii) in any case, at intervals of not more than three years.

(B) If more than 18 months shall have elapsed between the adoption of any version of the Plan and the next revision of the Plan, or since the last public hearing to address a proposed revision of the Plan and facilitate a public discussion that identifies and evaluates nontransmission alternatives, the utility preparing the Plan, prior to issuing the next revision, shall host public meetings as provided in subdivision (2) of this subsection, and the revision shall contain a discussion of the principal contentions made at the meetings by members of the public, by any State agency, and by any retail electricity provider.

(5) On the basis of information contained in a Transmission System Plan, obtained through meetings held pursuant to subdivision (2) of this subsection, or obtained otherwise, the Public Utility Commission and the Department of Public Service shall use their powers under this title to encourage and facilitate the resolution of reliability deficiencies through nontransmission alternatives, where those alternatives would better serve the public good. The Public Utility Commission, upon such notice and hearings as are otherwise required under this title, may enter such orders as it deems necessary to encourage, facilitate, or require the resolution of reliability deficiencies in a manner that it determines will best promote the public good.

(6) The retail electricity providers in affected areas shall incorporate the most recently filed Transmission Plan in their individual least-cost integrated planning processes, and shall cooperate as necessary to develop and implement joint least-cost solutions to address the reliability deficiencies identified in the Transmission Plan.

(7) Before the Department of Public Service takes a position before the Commission concerning the construction of new transmission or a transmission upgrade with significant land use ramifications, the Department shall hold one or more public meetings with the legislative bodies or their designees of each town, village, or city that the transmission lines cross and shall engage in a discussion with the members of those bodies or their designees and the interested public as to the Department's role as public advocate.
30 V.S.A. § 603 — VT Code / Title 30 / Chapter 14 / Section 603
§ 603. NEPOOL agreement
Status: in_force

The New England power pool agreement may provide for, among other things:

(1) the pooling of power;

(2) coordination of planning, construction, and operation and the manner of establishing and enforcing standards and other requirements;

(3) delegation of authority to administrative committees;

(4) amendments of the agreement by vote or other action of the participants or of committees in the manner specified therein, subject to the right of any participant to withdraw in the event of its nonconcurrence with an amendment;

(5) appointment of representatives to act for one or more participants in regard to amendments and other matters;

(6) the allocation of pool expenses among participants;

(7) the provision of new, altered, improved, or enlarged facilities by the participants subject to such proceedings as may be required by law for undertaking or financing any such project;

(8) limitations on other actions by the participants that might be inconsistent with the agreement or might adversely affect its implementation;

(9) arbitration; and

(10) other matters deemed necessary or desirable in order to carry out the purpose of the agreement.
30 V.S.A. § 2505 — VT Code / Title 30 / Chapter 71 / Section 2505
§ 2505. Location near residence
Status: in_force

When a person objects to the erection of a line of wires along a street or highway in front of his or her residence, he or she may apply to the Transportation Board or the selectboard of the town, who, upon notice and hearing, as provided in section 2503 of this title, shall determine upon what streets or highways the same shall pass, or in what manner, if at all, such objection may be obviated. Such decision shall be final.
30 V.S.A. § 5038 — VT Code / Title 30 / Chapter 84 / Section 5038
§ 5038. Annual reports; audit
Status: in_force

(a) On or before the last day of January in each year, the Authority shall submit a report of its activities for the preceding calendar year to the Governor, the Public Utility Commission, and the General Assembly. Each report shall set forth a complete operating and financial statement covering its operations during the year, and shall contain a full and complete statement of the Authority's anticipated budget and operations for the ensuing year. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection. The Authority shall cause an audit of its books and accounts to be made at least once in each year by certified public accountants; the cost shall be considered an expense of the Authority and copies shall be filed with the State Treasurer and the Public Utility Commission.

(b) The Auditor of Accounts of the State and his or her duly authorized representatives may at any time examine the accounts and books of the Authority including its receipts, disbursements, contracts, sinking funds, investments, and any other matters relating to its financial statements.
30 V.S.A. § 3059 — VT Code / Title 30 / Chapter 82 / Section 3059
§ 3059. Appointment
Status: in_force

Annually on or before the last Monday in April, the legislative body of each member shall appoint a representative and one or more alternates to the governing board for one-year terms. Appointments of representatives and alternates shall be in writing, signed by the chair of the legislative body of the appointing member, and presented to the clerk of the district. The legislative body of a member, by majority vote, may replace its appointed representative or alternate at any time and shall promptly notify the district clerk of the replacement. Initial appointments shall be made within 60 days following the vote to form a district under subsection 3051(b) of this chapter and initial terms may be for less than one year.
30 V.S.A. § 8081 — VT Code / Title 30 / Chapter 91A / Section 8081
§ 8081. Purpose
Status: in_force

In recognition of the historic level of broadband funding currently available to the State and the critical need for broadband access and adoption, it is the purpose of this chapter to establish the Vermont Community Broadband Fund to support policies and programs designed to accelerate community efforts that advance the State's goal of achieving universal access to reliable, high-quality, affordable, fixed broadband and to establish the Vermont Community Broadband Board to coordinate, facilitate, support, and accelerate the development and implementation of universal community broadband solutions.
30 V.S.A. § 5033 — VT Code / Title 30 / Chapter 84 / Section 5033
§ 5033. Refunding obligations; sale
Status: in_force

Refunding obligations issued as provided in section 5032 of this title may be sold or exchanged for outstanding obligations issued under this chapter and, if sold, the proceeds from them may be applied, in addition to any other authorized purposes, to the purchase, redemption, or payment of those outstanding obligations. Pending the application of the proceeds of any refunding obligations, with any other available funds, to the payment of the principal, accrued interest, and any redemption premium on the obligations being refunded, and, if so provided or permitted in the resolution authorizing the issuance of such refunding obligations or in the trust agreement securing them to the payment of any interest on refunding obligations and any expenses in connection with refunding, such proceeds may be invested as specified in the resolution authorizing the obligations to be refunded or the trust agreement securing them. These investments shall mature or shall be subject to redemption by their holders, at the option of the holders, not later than the respective dates when the proceeds, together with the interest accruing on them, will be required for the purposes intended.
30 V.S.A. § 3035 — VT Code / Title 30 / Chapter 81 / Section 3035
§ 3035. Safety standards
Status: in_force

As a minimum requirement for any activity authorized by this chapter, the cooperative shall adhere to all applicable federal, State, or local safety codes, regulations, or standards.
30 V.S.A. § 25 — VT Code / Title 30 / Chapter 1 / Section 25
§ 25. Assessment
Status: in_force

When the Department of Public Service discovers from the examination of the return or otherwise that the revenue of any company, or any portion of it, has not been assessed, it may at any time within two years after the time when the return was due, assess the same and give notice to the company of the assessment, and within 30 days the company shall have an opportunity to confer with the Department as to the proposed assessment. The limitation of two years to the assessment of the tax or additional tax shall not apply to the assessment of additional taxes upon fraudulent returns. After the expiration of 30 days following the notification, the Department shall reassess the revenue of the company or any portion of it that it finds has not been assessed and shall give notice to the company so reassessed, of the amount of the tax and interest and penalties, if any, and the amount shall be due and payable within 10 days following the date of notice. No additional tax amounting to less than $1.00 shall be assessed.
30 V.S.A. § 254a — VT Code / Title 30 / Chapter 5 / Section 254a
§ 254a. Joint Fiscal Committee; nuclear energy analysis
Status: in_force

(a) The Joint Fiscal Committee may authorize or retain services or resources to assist the General Assembly:

(1) in any legislative proceeding under or related to subsection 248(e) of this title or 10 V.S.A. chapter 157; or

(2) with respect to any proceedings before any State or federal court concerning a nuclear generating plant in the State and related issues.

(b) Persons retained pursuant to subsection (a) of this section shall work under the direction of a special committee consisting of the Chairs of the House Committees on Energy and Technology and on Natural Resources, Fish, and Wildlife and the Senate Committee on Natural Resources and Energy and the Joint Fiscal Committee.

(c) The Public Utility Commission shall allocate expenses incurred pursuant to subsection (a) of this section to the applicant or the company or companies involved and such allocation and expense may be reviewed by the Public Utility Commission pursuant to section 21 of this title.
30 V.S.A. § 3037 — VT Code / Title 30 / Chapter 81 / Section 3037
§ 3037. Foreign companies; service of process
Status: in_force

A foreign nonprofit or cooperative corporation supplying or authorized to supply electric energy and owning or operating electric transmission or distribution lines in an adjacent state, prior to March 26, 1943, may construct or acquire extensions of lines in this State within an area no point of which is more than 25 miles from the boundary line of this State and may operate those extensions without qualifying as a foreign corporation to do business in this State. Before constructing or operating such extensions, by an instrument executed and acknowledged on its behalf by its president or vice president, under its seal attested by its clerk or secretary, and filed with the Secretary of State, a corporation shall designate the Secretary of State its agent to accept service of process on its behalf. Thereafter, the corporation shall have all the rights, powers, privileges, and immunities of a cooperative. Service of process shall be made upon the Secretary of State in accordance with the provisions of 11 V.S.A. § 1656.
30 V.S.A. § 5016 — VT Code / Title 30 / Chapter 84 / Section 5016
§ 5016. Rules and rates
Status: in_force

(a) The Authority may make and enforce rules that it deems necessary or desirable. It may establish, levy, and collect or may authorize by contract, franchise, lease, or otherwise, the establishment, levying, and collection of rents, rates, and other charges:

(1) for the services afforded by the Authority or afforded by or in connection with any project or properties that it may construct, erect, acquire, own, operate, or control, or with respect to that it may have any interest or any right to capacity thereof; and

(2) for the sale of electric energy or of generation or transmission capacity or service as it may deem necessary, proper, desirable, and reasonable.

(b) Rents, rates, and other charges shall be at least sufficient to meet the expenses of the Authority, including operating and maintenance expenses, reasonable reserves, interest, and principal payments, including payments into one or more sinking funds for the retirement of principal, and other requirements of any trust agreement or resolution securing bonds or notes. The Authority may pledge its rates, rents, and other revenues, or any part of them, as security for the repayment, with interest and redemption premiums, if any, of any monies borrowed by it or advanced to it for any of its authorized purposes and as security for the payment of amounts due and owing by it under any contract.
30 V.S.A. § 2923 — VT Code / Title 30 / Chapter 79 / Section 2923
§ 2923. Rate of return
Status: in_force

(a) In determining rates charged by a municipal plant, the Public Utility Commission shall allow, in addition to all other factors, a reasonable rate of return on capital investments. The return shall be commensurate with that permitted private utilities having corresponding risks and equivalent to that necessary for private utilities to ensure confidence in the financial integrity of the enterprise so as to maintain its credit and attract new capital.

(b) Revenue received as a return on capital investment shall be retained by the municipal utility and held in a contingent fund for use by it in that or any subsequent fiscal year.
30 V.S.A. § 17 — VT Code / Title 30 / Chapter 1 / Section 17
§ 17. Fees of witnesses; duties of clerk
Status: in_force

The fees of witnesses before the Commission shall be the same as in the Superior Court. In all causes on behalf of or for the convenience or safety of the public, and in the investigation of accidents, the fees of witnesses and the expense of summoning them shall be paid by the clerk of the Commission. From time to time, the clerk shall make requisition on the Commissioner of Finance and Management for money to pay the fees and expenses, and the Commissioner of Finance and Management shall issue warrants for them. The clerk shall quarterly, on February, May, August, and November 1, render to the Commissioner of Finance and Management an account of receipts and disbursements under this section, and pay any unexpended balance into the State Treasury.
30 V.S.A. § 2813 — VT Code / Title 30 / Chapter 77 / Section 2813
§ 2813. Time
Status: in_force

Such company shall test every service meter for correct connection and proper mechanical condition in its permanent position at the time of installation or within 60 days thereafter.
30 V.S.A. § 63 — VT Code / Title 30 / Chapter 2 / Section 63
§ 63. Multiunit buildings; access to aggregated data
Status: in_force

(a) Obligation; aggregation and release of data. On request of the owner of a multiunit building or the owner's designated agent, each distribution company and energy efficiency utility shall aggregate monthly energy usage data in its possession for the unit holders in the building and release the aggregated data to the owner or agent. The aggregated data shall be anonymized.

(1) Under this section, the obligation to aggregate and release data shall accrue when the owner or agent:

(A) Certifies that the request is made for the purpose of benchmarking or preparing an energy label for the building.

(B) With respect to a multiunit building that has at least four unit holders, provides documentation certifying that, at least 14 days prior to submission of the request, each unit holder was notified that the energy usage data of the holder was to be requested and that this notice gave each unit holder an opportunity to opt out of the energy use aggregation. The owner or agent shall identify to the distribution company or energy efficiency utility requesting the data each unit holder that opted out.

(C) With respect to a multiunit building that has fewer than four unit holders, provides an energy usage data release authorization from each unit holder.

(2) A unit holder may authorize release of the holder's energy usage data by signature on a release authorization form or clause in a lease signed by the unit holder. The provisions of 9 V.S.A. § 276 (recognition of electronic records and signatures) shall apply to release authorization forms under this subsection.

(3) After consultation with the Commercial Working Group, the Commissioner of Public Service shall prescribe forms for requests and release authorizations under this subsection. The request form shall include the required certification.

(b) Response period. A distribution company or energy efficiency utility shall release the aggregated energy use data to the building owner or designated agent within 30 days of its receipt of a request that meets the requirements of subsection (a) of this section.

(1) The aggregation shall exclude energy usage data for each unit holder who opted out or, in the case of a multiunit building with fewer than four unit holders, each unit holder for which a signed release authorization was not received.

(2) A distribution company may refer a complete request under subsection (a) of this section to an energy efficiency utility that possesses the requisite data, unless the data is to be used for a benchmarking program to be conducted by the company.
30 V.S.A. § 3072 — VT Code / Title 30 / Chapter 82 / Section 3072
§ 3072. Compensation of officers
Status: in_force

Officers of the district shall be paid from district funds such compensation or reimbursement of expenses, or both, as determined by the board.
30 V.S.A. § 8091 — VT Code / Title 30 / Chapter 92 / Section 8091
§ 8091. Access to facilities
Status: in_force

(a) Any company shall allow and enable access to its plant and equipment where possible for the installation and maintenance of communications facilities by communications service providers.

(b) When constructing or substantially reconstructing lines or structures used for electric or gas transmission or electric distribution, a company shall allow for the construction and maintenance of communications facilities if requested by a communications service provider.

(c) Access and services required by this section shall be subject to regulation by the Public Utility Commission and the Department of Public Service and shall be offered on rates, terms, and conditions, including terms of ownership of facilities, established in section 8092 of this chapter, except that services under tariffs developed pursuant to Public Utility Commission rules regarding pole attachments shall be governed by those rules.

(d) Owners of self-generation facilities, those not connected to the electric grid and net-metered generators, shall not be obligated to comply with this section.

(e) If a communications service provider requests services from a company pursuant to this title, then the communications service provider shall be responsible for all of the costs the company incurs to obtain any easements or limited rights in property necessary to provide those services to the communications service provider, including compensation, legal fees, and the administrative costs of the utility.
30 V.S.A. § 105 — VT Code / Title 30 / Chapter 3 / Section 105
§ 105. Payment for stock with property; approved by Commission
Status: in_force

When stock is issued for property other than cash, the value of the property fixed by the incorporators or stockholders must receive the approval of the Public Utility Commission.
30 V.S.A. § 7524 — VT Code / Title 30 / Chapter 88 / Section 7524
§ 7524. Payment to fiscal agent
Status: in_force

(a) Telecommunications service providers shall pay to the fiscal agent all Universal Service Charge receipts collected from customers. A report in a form approved by the Department of Public Service shall be included with each payment.

(b) Payments shall be made monthly, by the 15th day of the month, and shall be based upon amounts collected in the preceding month. If the amount is small, the Commissioner may allow payment to be made less frequently, and may permit payment on an accrual basis.

(c) Telecommunications service providers shall maintain records adequate to demonstrate compliance with the requirements of this chapter. The Commissioner or the fiscal agent may examine those records in a reasonable manner.

(d) When a payment is due under this section by a telecommunications service provider who has provided customer credits under the Lifeline program, the amount due may be reduced by the amount of credit granted.

(e) The fiscal agent shall examine the records of telecommunications service providers to determine whether their receipts reflect application of the Universal Service Charge on all assessable telecommunications services under this chapter, including the federal subscriber line charge, directory assistance, enhanced services unless they are billed as separate line items, and toll-related services.

(f) The Department of Public Service shall ensure the fiscal agent is authorized to negotiate and collect from telecommunications service providers any Universal Service Charges not properly assessed or remitted pursuant to this chapter. For the purpose of this subsection, the fiscal agent may examine the records of telecommunications providers for the immediately preceding three years and assess the provider for underpayments, if any, as appropriate.
30 V.S.A. § 7514 — VT Code / Title 30 / Chapter 88 / Section 7514
§ 7514. Enhanced 911
Status: in_force

The fiscal agent shall make distributions to the State Treasurer, for deposit into the Enhanced 911 special fund, as annually directed by the General Assembly.
30 V.S.A. § 4003 — VT Code / Title 30 / Chapter 83 / Section 4003
§ 4003. Implementing powers
Status: in_force

Without limiting the general scope and application of section 4002 of this chapter, each participating utility shall have the right and power:

(1) To use its means and assets for the purposes of exercising the authority granted by section 4002 of this chapter, including, as to municipal electric utilities, the right and power to pledge the credit of the municipality.

(2) To issue bonds and other securities to raise funds for those purposes in the same way and to the same extent and subject to all of the conditions that would apply if the utility's interest in such agreements, actions, and contracts were whole and entire.

(3) To acquire, for the use and benefit of all participating utilities, by purchase or through the exercise of the power of eminent domain, lands, easements, and properties for the purpose of jointly owned electric facilities, and transfer or convey lands, easements, and properties or interests, or otherwise to cause those lands, easements, and properties, or interests, to be vested in other participating utilities to the extent and in the manner agreed between the participating utilities. In all cases in which a participating utility exercises the right and power of eminent domain conferred by statute, it shall be controlled by the law governing condemnation by corporate public utilities in this State, and the right and power of eminent domain conferred shall include the right and power to take fee title in land so condemned, except that no participating utility has the right or power to take by the exercise of the power of eminent domain any electric facilities, or interests, belonging to any other municipal electric utility, electric cooperative, or private utility, except as provided by chapter 79 of this title.

(4) To form a public service corporation with one or more other utilities and to hold stock and operate the same as a public utility as a means of carrying out the purposes of this chapter. However, the formation of any such public service corporation and its operation shall be subject to the requirements of this title governing the formation and operation of public service corporations.
30 V.S.A. § 505 — VT Code / Title 30 / Chapter 13 / Section 505
§ 505. Service
Status: in_force

No company holding a certificate of public good under this chapter may abandon or curtail any service subject to the jurisdiction of the Commission or abandon all or any part of its facilities if it would thereby effect the abandonment, curtailment, or impairment of the service, without obtaining approval of the Public Utility Commission, after notice and opportunity for hearing, and upon a finding by the Commission that the abandonment or curtailment is consistent with the public interest.
30 V.S.A. § 125 — VT Code / Title 30 / Chapter 3 / Section 125
§ 125. Powers; annual report
Status: in_force

A public service corporation shall have the privilege and be subject to the provisions of the general corporation law, and also to the provisions of chapter 5 of this title, except as such provisions are inconsistent with the provisions of this chapter. Such corporations shall not be required to make any annual report, except as provided in chapter 5 of this title.
30 V.S.A. § 2502 — VT Code / Title 30 / Chapter 71 / Section 2502
§ 2502. Lines of wires along highways; wireless telecommunications facilities; broadband facilities construction; restriction
Status: in_force

Lines of telegraph, telephone, and electric wires, as well as two-way wireless telecommunications facilities and broadband facilities, may, subject to the provisions of 19 V.S.A. § 1111, be constructed and maintained by a person or corporation upon or under a highway, in such manner as not to interfere with repairs of such highway or the public convenience in traveling upon or using the same.
30 V.S.A. § 7052 — VT Code / Title 30 / Chapter 87 / Section 7052
§ 7052. Vermont Enhanced 911 Board
Status: in_force

(a) The Vermont Enhanced 911 Board is established to develop, implement, and supervise the operation of the statewide Enhanced 911 system.

(b) The Board shall consist of nine members: one county law enforcement officer elected by the membership of the Vermont State Sheriffs' Association; one municipal law enforcement officer elected by the Vermont Association of Chiefs of Police; one official of a municipality; a firefighter; an emergency medical services provider; a Department of Public Safety representative; and three members of the public. Board members shall be appointed by the Governor to three-year terms, except that the Governor shall stagger initial appointments so that the terms of no more than four members expire during a calendar year. In appointing Board members, the Governor shall give due consideration to the different geographical regions of the State, and the need for balance between rural and urban areas. Board members shall serve at the pleasure of the Governor.

(c) Members who are not State employees or not otherwise compensated in the course of their employment shall receive per diem compensation and expense reimbursement for meetings in accordance with the provisions of 32 V.S.A. § 1010. Members who receive per diem shall receive compensation for no more than 12 meetings per year.

(d) The Governor shall annually appoint a member to serve as Board chair and a member to serve as Board vice chair. The Board shall hold at least four regular meetings a year. Meetings of the Board may be held at any time or place within Vermont upon call of the Chair or a majority of the members, after reasonable notice to the other members and shall be held at such times and places as in the judgment of the Board will best serve the convenience of all parties in interest. The Board shall adopt rules and procedures with respect to the conduct of its meetings and other affairs. Membership on the Board does not constitute the holding of an office for any purpose, and members of the Board shall not be required to take and file oaths of office before serving on the Board. A member of the Board shall not be disqualified from holding any public office or employment, and shall not forfeit any office or employment, by reason of their appointment to the Board, notwithstanding any statute, ordinance, or charter to the contrary.

(e) The Board shall appoint, subject to the approval of the Governor, the Executive Director who shall hold office at the pleasure of the Board. He or she shall perform such duties as may be assigned by the Board. The Executive Director is entitled to compensation, as established by law, and reimbursement for the expenses within the amounts available by appropriation. The Executive Director may, with the approval of the Board, hire employees, agents, and consultants and prescribe their duties.
30 V.S.A. § 8104 — VT Code / Title 30 / Chapter 93 / Section 8104
§ 8104. Rates for electricity
Status: in_force

(a) All or a portion of the electricity generated by a Vermont village green renewable project, if it includes district power, shall be made available to the commercial, industrial, and residential users identified in the host community's application to the Commission under subsection 8101(b) of this title.

(b) If a Vermont village green renewable project includes district power and does not qualify or opt for treatment as a net metering system under section 8010 of this title:

(1) On petition of the host community, the Commission after notice and opportunity for hearing shall create a rate class for the commercial, industrial, and residential uses served by the project, the rates for which class at a minimum shall be consistent with the following principle: An end user shall pay the same share of the distribution utility's fixed costs as a similar end user not served by the project.

(2) Excess electricity may be sold to the distribution utility at the market rate or by contract.
30 V.S.A. § 227a — VT Code / Title 30 / Chapter 5 / Section 227a
§ 227a. Pricing of competitive telecommunications services
Status: in_force

(a) In addition to the Commission's authority to reduce or suspend any regulatory requirements as part of a contract negotiated under section 226a of this title, the Commission may also suspend or reduce such requirements in a competitive market under this section. If, after hearing, the Commission determines that a competitive market exists for the provision of any telecommunications service offered by a company subject to its jurisdiction, the Commission may suspend or reduce any or all of the regulatory requirements otherwise applicable to the provision of such service under subsection 218(a) and sections 225, 226, and 227 of this title. In determining whether a competitive market exists, the Commission shall find:

(1) that no competitor offering such service has sufficient market power to set prices for the service, taking into consideration whether competitors to any dominant market provider offer a sufficient quantity of similar or equivalent services, whether there is reasonable ease of entry into the market for providers of these services; and any other relevant indicator of market power;

(2) that the competition in the market will afford the public at least as much protection as the applicable regulatory requirements being suspended or reduced;

(3) that adequate safeguards exist to ensure that any services provided by a competitor that continue to be regulated are not supporting or subsidizing any services offered in the competitive market, and that no company shall allocate revenues from regulated activities to unregulated activities nor allocate costs from unregulated activities to regulated activities and, upon request, shall provide the Commission and the Department with information, including cost studies indicating whether any regulated services are supporting any services which are deregulated; and

(4) that adequate safeguards exist to ensure that access to any regulated basic exchange services or any other regulated services that must be utilized to provide the competitive service is available at the same rates, terms, and conditions at which they are provided by the company to its own unregulated affiliates or charged to its own unregulated accounts.

(b) Nothing in this section shall limit the existing authority of the Commission or Department to require provision of or access to information required by this title.

(c) The Commission shall upon petition of the Department, and may upon its own initiative, investigate whether it should reimpose any regulatory requirements that it has suspended or reduced in accordance with subsection (a) of this section; and if the Commission finds that it is in the public interest to reapply any such regulatory provisions, it may do so if it determines that the standards in subsection (a) are no longer met. Pending any final order, the Commission may reimpose any regulatory requirements on a preliminary basis as it determines is just and reasonable. The Commission shall rule on any request by the Department for a preliminary order within 60 days. The Commission shall make a final decision on reimposition of regulatory requirements within seven months of the Department's request or of the date of commencement of its own investigation. A preliminary or final order shall be after public notice and hearing.
30 V.S.A. § 7053 — VT Code / Title 30 / Chapter 87 / Section 7053
§ 7053. Board; responsibilities and powers
Status: repealed

(a) The Board shall be the single governmental agency responsible for statewide Enhanced 911. To the extent feasible, the Board shall consult with the Agency of Human Services, the Department of Public Safety, the Department of Public Service, and local community service providers on the development of policies, system design, standards, and procedures. The Board shall develop designs, standards, and procedures and shall adopt rules on the following:

(1) The technical and operational standards for public safety answering points.

(2) The system database standards and procedures for developing and maintaining the database. The system database shall be the property of the Board.

(3) Statewide, locatable means of identifying customer location, such as addressing, geo-coding, or other methods of locating the caller.

(4) Standards and procedures to ensure system and database security.

(b)-(d) [Repealed.]

(e) The Board is authorized:

(1) to make or cause to be made studies of any aspect of the Enhanced 911 system, including service, operations, training, database development, and public awareness;

(2) to accept and use in the name of the State, subject to review and approval by the Joint Fiscal Committee, any and all donations or grants, both real and personal, from any governmental unit or public agency or from any institution, person, firm, or corporation, consistent with the rules established by the Board and the purpose or conditions of the donation or grant; and

(3) to exercise all powers and conduct such activities as are necessary in carrying out the Board's responsibilities in fulfilling the purposes of this chapter.

(f) The Board shall adopt such rules as are necessary to carry out the purposes of this chapter, including, where appropriate, imposing reasonable fines or sanctions against persons that do not adhere to applicable Board rules.

(g), (h) [Repealed.]
30 V.S.A. § 216 — VT Code / Title 30 / Chapter 5 / Section 216
§ 216. Gas rate fixing
Status: in_force

The Public Utility Commission, under its general jurisdiction over public utilities, shall have authority to fix rates and determine the minimum standards of service for consumers in the event natural gas shall be piped into the State.
30 V.S.A. § 8089a — VT Code / Title 30 / Chapter 91A / Section 8089a
§ 8089a. Sunset; transfer plan
Status: in_force

(a) The Fund and Board shall cease to exist on July 1, 2029.

(b) As part of its annual report submitted on or before January 15, 2029, the Board shall develop a plan for transferring its assets, liabilities, and legal and contractual obligations to another appropriate State entity. The Board may include in its report a recommendation regarding the continued existence of the Board beyond its statutory sunset date.
30 V.S.A. § 218 — VT Code / Title 30 / Chapter 5 / Section 218
§ 218. Jurisdiction over charges and rates
Status: repealed

(a) When, after opportunity for hearing, the rates, tolls, charges, or schedules are found unjust, unreasonable, insufficient, or unjustly discriminatory, or are found to be preferential or otherwise in violation of a provision of this chapter, the Commission may order and substitute such rates, tolls, charges, or schedules, and make such changes in any rules, measurements, practices, or acts of such company relating to its service, and may make such order as will compel the furnishing of such adequate service as shall at such hearing be found by it to be just and reasonable. This section shall not be construed to require the same rates, tolls, or charges from any company subject to supervision under this chapter for like service in different parts of the State, but the Commission in determining these questions shall investigate local conditions and its final findings and judgment shall take cognizance thereof. This section does not prohibit a telecommunications company from filing tariffs that condition the availability of an intrastate service upon subscription to an interstate or unregulated service from the same or an affiliated company, provided that an incumbent local exchange carrier shall provide a plan to allocate reasonably revenue between the regulated intrastate service and other services. The Commission shall retain the authority to review the tariff filing to determine whether it is just and reasonable.

(b) The Department of Public Service shall propose, and the Commission through the establishment of rates of return, rates, tolls, charges, or schedules shall encourage the implementation by electric and gas utilities of energy-efficiency and load management measures that will be cost-effective for the utilities and their customers on a life cycle cost basis. The Commission shall approve rate designs to encourage the efficient use of natural gas and electricity, including consideration of the creation of an inclining block rate structure for residential rate customers with an initial block of low-cost power available to all residences.

(1) To implement the requirements of this subsection, the Public Utility Commission shall continue its investigation of the following:

(A) the parameters for residential inclining block rate designs;

(B) alternative rate designs, such as critical peak pricing programs or more widespread use of time-of-day rates, that would encourage more efficient use of electricity;

(C) the possible inclusion of exemptions from otherwise applicable inclining block rates or rate designs to encourage efficiency for situations in which special health needs or another extraordinary situation presents such a significant demand for electricity that the Commission determines use of those rates would cause undue financial hardship for the customer.

(2) By December 31, 2008, the Commission shall issue a report and plan for implementation based upon the results of its investigation. The plan shall require each retail company to upgrade its rates as necessary to implement new rate designs appropriate to encourage efficient energy use, which shall include residential inclining block rates, if the Commission determines that those rates would be appropriate, by a specified date, or as part of its next rate-related appearance before the Commission, or according to a timetable otherwise specified by the Commission. In implementing these rate designs, the Commission shall consider the appropriateness of phasing in the rate design changes to allow large users of energy a reasonable opportunity to employ methods of conservation and energy efficiency in advance of the full effect of the changes.

(3) Notwithstanding any provision of law to the contrary, an applicant may propose and the Commission may approve or require an applicant to adopt a rate design that includes dynamic pricing, such as real-time pricing rates. Under such circumstances, the Commission may alter or waive the notice and filing provisions that would apply otherwise under section 225 of this title, provided the applicant ensures that each customer receives sufficient advance notice of the time-of-day usage rates.

(c)(1) The Public Utility Commission shall take any action necessary to enable the State of Vermont and telecommunications companies offering service in Vermont to participate in the federal Lifeline program administered by the Federal Communications Commission (FCC) or its agent and also the Vermont Lifeline program described in subdivision (2) of this subsection.

(2) A household that qualifies for participation in the federal Lifeline program under criteria established by the FCC or other federal law or regulation shall also be eligible to receive a Vermont Lifeline benefit for wireline voice telephone service. The Vermont Lifeline benefit established under this subdivision shall be set at an amount not to exceed the benefit provided to a household as of October 31, 2017 or $4.25, whichever is greater, and shall be applied as a supplement to any wireline voice benefit received through participation in the federal Lifeline program. However, in no event shall the aggregate amount of benefits received through the federal and State programs described in this subdivision exceed a household's monthly basic service charge for wireline services, including any standard usage and mileage charges.

(3) A company designated as an eligible telecommunications carrier by the Commission pursuant to 47 U.S.C. § 214(e) shall verify an applicant's eligibility for receipt of federal or State Lifeline benefits as required by federal law or regulation or as directed by the Vermont Agency of Human Services, as applicable. The Agency shall provide the FCC or its agent with categorical eligibility data regarding an applicant's status in qualifying programs administered by the Agency.

(4) Notwithstanding any provisions of this subsection to the contrary, a subscriber who is enrolled in the Lifeline program and has obtained a final relief from abuse order in accordance with the provisions of 15 V.S.A. chapter 21 or 33 V.S.A. chapter 69 shall qualify for a Lifeline benefit credit for the amount of the incremental charges imposed by the local telecommunications company for treating the number of the subscriber as nonpublished and any charges required to change from a published to a nonpublished number. As used in this section, “nonpublished” means that the customer's telephone number is not listed in any published directories, is not listed on directory assistance records of the company, and is not made available on request by a member of the general public, notwithstanding any claim of emergency a requesting party may present. The Department for Children and Families shall develop an application form and certification process for obtaining this Lifeline benefit credit.

(5) [Repealed.]

(d) The Commission may permit recovery in a company's rates of all or a reasonable portion of the company's expenditures directly related to aesthetic improvements of utility substations, provided that such aesthetic improvements are incidental to other necessary expenditures at or in the vicinity of the substation.

(e) Notwithstanding any other provisions of this section, the Commission, on its own motion or upon petition of any person, may issue an order approving a rate schedule, tariff, agreement, contract, or settlement that provides reduced rates for low-income electric utility consumers better to ensure affordability. As used in this subsection, “low-income electric utility consumer” means a customer who has a household income at or below 185 percent of the current federal poverty level. When considering whether to approve a rate schedule, tariff, agreement, contract, or settlement for low-income electric utility consumers, the Commission shall take into account the potential impact on, and cost-shifting to, other utility customers.

(f) Regulatory incentives for renewable generation.

(1) Notwithstanding any other provision of law, an electric distribution utility subject to rate regulation under this chapter shall be entitled to recover in rates its prudently incurred costs in applying for and seeking any certificate, permit, or other regulatory approval issued or to be issued by federal, State, or local government for the construction of new renewable energy to be sited in Vermont, regardless of whether the certificate, permit, or other regulatory approval ultimately is granted.

(2) The Commission is authorized to provide to an electric distribution utility subject to rate regulation under this chapter an incentive rate of return on equity or other reasonable incentive on any capital investment made by such utility in a renewable energy generation facility sited in Vermont.

(3) To encourage joint efforts on the part of electric distribution utilities to support renewable energy and to secure stable, long-term contracts beneficial to Vermonters, the Commission may establish standards for preapproving the recovery of costs incurred on a renewable energy plant that is the subject of that joint effort, if the construction of the plant requires a certificate of public good under section 248 of this title and all or part of the electricity generated by the plant will be under contract to the utilities involved in that joint effort.

(4) In this subsection, “plant,” “renewable energy,” and “new renewable energy” shall be as defined in section 8002 of this title.

(g) Each company subject to the Public Utility Commission's jurisdiction that distributes electrical energy shall have in place a rate schedule for street lighting that provides an option under which efficient streetlights, including light-emitting diode (LED) lights, are installed on company-owned fixtures. These rate schedules also shall include a separate option under which customers may own street lighting and install efficient streetlights, including LED lights, on customer-owned fixtures.
30 V.S.A. § 514 — VT Code / Title 30 / Chapter 13 / Section 514
§ 514. Annual report
Status: in_force

At the time of filing its annual report under section 22 of this title, each company shall also file with the Commission and the Department the following:

(1) a map sufficiently outlining the company's service territory and describing its existing plant and any extension and replacements planned for commencement or completion within one year from the close of the preceding calendar year or annual period;

(2) a listing of services, the rate charged for each such service as of the date of the filing of the report, a statement of any changes in any such rates from the preceding calendar year or period, and a statement of the revenues derived from each service during such calendar year or annual period;

(3) a statement of significant changes to be implemented during the current calendar year or annual period in the company's business structure, operating procedures, and services to be offered;

(4) a copy of the company's access plan, if any, and a description of its access facilities and services and the use thereof during the preceding calendar year or annual period;

(5) a copy of all written consumer complaints and notations regarding oral and telephonic complaints received during the preceding calendar year or annual period; and

(6) a balance sheet, an income statement, a statement of changes in financial condition, and a statement of assets used and useful for the provision of service in Vermont, all as of the close of the preceding calendar year or annual period.
30 V.S.A. § 2907 — VT Code / Title 30 / Chapter 79 / Section 2907
§ 2907. Utility to accept or reject offer to purchase
Status: in_force

The utility shall reply to such request by delivering its answer in writing to the mayor of the city, the selectboard of the town, or the trustees of the village, within 90 days following the receipt of the request. If the reply is in the negative or if the reply is not made within a period of 90 days, the utility waives any right it may have had to require the purchase of its plant and property by the municipality. If the reply is in the affirmative, it shall, within 90 days, submit the price and terms that it is willing to accept for all such plant and property, together with a detailed schedule of all the plant and property it proposes to sell to the municipality. Any plant and property shall at all reasonable times be open to the examination of the authorities and experts of the municipality or any other persons or boards charged with the duty of determining the fair value of the property.
30 V.S.A. § 27 — VT Code / Title 30 / Chapter 1 / Section 27
§ 27. Review
Status: in_force

The assessment by the Commission or Department of Public Service of any tax or penalty under the provisions of sections 20–25 of this chapter may be appealed to the Washington Superior Court. The appeal shall be filed within 90 days after the receipt by the company or its agent of written notice by the Commission or Department of its assessment. Appropriate proceedings shall be held and the relief, if any, to which the company may be found entitled may be granted and any taxes, interest, or penalties paid and found by the court to be illegally assessed shall be ordered refunded to the company with interest at six percent per annum from the time of payment, with costs and judgment entered accordingly.
30 V.S.A. § 3041 — VT Code / Title 30 / Chapter 81 / Section 3041
§ 3041. Securities Act
Status: in_force

The provisions of 9 V.S.A. chapter 131 shall not apply to a note, bond, or other evidence of indebtedness issued by a cooperative or foreign corporation doing business in this State pursuant to this chapter, to the United States of America or an agency or instrumentality thereof, or to a mortgage, deed of trust, or other instrument executed to secure the same. The provisions of 9 V.S.A. chapter 131 shall not apply to the issuance of membership certificates by a cooperative or such foreign corporations.
30 V.S.A. § 227c — VT Code / Title 30 / Chapter 5 / Section 227c
§ 227c. Nondominant carriers
Status: in_force

(a) The Commission may modify, reduce, or suspend the requirements under this title as applied to nondominant providers of telecommunications service. The Commission may act by rule, or, after notice and opportunity for hearing, it may act by order. The modifications, reductions, or suspensions may apply to one or more classes of nondominant providers and may apply differently to each class. The Commission may modify, suspend, or reduce any or all of the regulatory requirements under sections 104, 105, 107-109, 225, 226, subsection 227(a), and sections 229 and 311 of this title.

(b) In determining whether a carrier or class of carriers is nondominant, the Commission shall consider whether the carriers have sufficient market power to set prices for the market.

(c) In determining whether to modify, reduce, or suspend regulatory requirements, the Commission shall consider whether competition in the market combined with the remaining requirements under this title:

(1) will be sufficient to ensure that the charges, practices, classifications, or rules related to the service are just and reasonable and are not unjustly or unreasonably discriminatory; and

(2) will afford the public at least as much protection as the applicable regulatory requirements being suspended or reduced.

(d) Upon petition of the Department, the Commission shall, and upon its own initiative the Commission may, investigate whether it should reimpose any regulatory requirements that it has modified, suspended, or reduced under this section. If the Commission finds, after notice and an opportunity for hearing, and after considering the factors identified in subsection (c) of this section, that the public is not sufficiently protected, the Commission may reimpose any regulatory provisions that the Commission deems necessary. Pending any final order, the Commission may reimpose any regulatory requirements on a temporary basis as it determines is just and reasonable.
30 V.S.A. § 2920 — VT Code / Title 30 / Chapter 79 / Section 2920
§ 2920. Abandonment
Status: in_force

A municipality that has established a municipal plant shall not abandon by sale of such plant or otherwise the distribution of gas or electricity to its consumers until such sale or abandonment has been authorized in the manner and by the votes prescribed for the acquisition of such municipal plants by sections 2903 and 2904 of this title and until the Commission, after notice and a public hearing, has determined that the facilities for furnishing and distributing gas and electricity in the territory served by such plant will not thereby be diminished, and that such sale or abandonment and the terms thereof will promote the general good of the State.
30 V.S.A. § 311 — VT Code / Title 30 / Chapter 7 / Section 311
§ 311. Public Utility Commission's authority
Status: in_force

A consolidation or merger under the provisions of this chapter shall not become effective without the approval of the Public Utility Commission after due notice and opportunity for hearing, and the finding on its part that such consolidation or merger will not result in obstructing or preventing competition in the purchase or sale of any product, service, or commodity, in the sale, purchase, or manufacture of which such corporations are engaged.
30 V.S.A. § 2905 — VT Code / Title 30 / Chapter 79 / Section 2905
§ 2905. Indebtedness
Status: in_force

A municipality that has voted according to the provisions of this chapter to acquire or construct a municipal plant may incur debt for the purpose of establishing, purchasing, constructing, extending, or enlarging it, but subject to the provisions of law limiting municipal indebtedness. Nothing in this section shall be construed to affect the rights of any municipality now or later incurring debt under 24 V.S.A. § 1822.
30 V.S.A. § 3058 — VT Code / Title 30 / Chapter 82 / Section 3058
§ 3058. Board composition
Status: in_force

The district governing board shall be composed of one representative from each member and one or more alternates to serve in the absence of the designated representative.
30 V.S.A. § 223 — VT Code / Title 30 / Chapter 5 / Section 223
§ 223. Appeal from municipal authorities
Status: in_force

A person or corporation aggrieved by an order or decision of the municipal authorities made under the provisions of any statute, relative to the granting of a license or permit for location, may bring an appeal to the Commission at any time within 30 days following the date of the order or decision. After notice and public hearing of all parties interested, as provided in section 208 of this subchapter, the decision of the Commission thereon shall be final, subject to a right to transfer such cause to the Supreme Court as provided by section 12 of this title.
30 V.S.A. § 7008 — VT Code / Title 30 / Chapter 86 / Section 7008
§ 7008. Penalties
Status: repealed

(a) Vermont Digsafe Program. Any person or company who violates any provisions of section 7004, 7006, 7006a, 7006b, or 7007 of this title shall be subject to a civil penalty of not more than $500.00 for the first offense, not more than $1,000.00 for the second offense within one year of the date of the first offense, not more than $1,500.00 for the third offense within one year of the first offense, and not more than $5,000.00 for the fourth or subsequent offense within one year of the date of a previous offense, in addition to any other remedies or penalties provided by law or any liability for actual damages. For the purposes of this subsection, “the date of the first offense” means the date on which the violation occurred, not the date on which the adjudication of the offense resulted.

(b) [Repealed.]

(c) If underground facilities are damaged because a company has not marked them as required by section 7006 or 7006a, the company shall be subject to a civil penalty as provided in this section and, in addition, shall be liable for any damages incurred by the excavator as a result of the company's failure to mark the facilities.

(d) All penalties recovered in any such actions shall be paid into the General Fund of the State. The Commission shall have jurisdiction over all actions brought pursuant to this chapter.

(e) Any person who violates any provisions of sections 7004 through 7007 of this title as to an underground gas distribution or transmission facility shall also be subject to the civil penalties described in section 2816 of this title. However, a person who has been assessed a civil penalty pursuant to section 2816 of this title shall not be subject to the payment of an assessed penalty under the provisions of this section for the same violation.
30 V.S.A. § 2520 — VT Code / Title 30 / Chapter 71 / Section 2520
§ 2520. Town lines
Status: in_force

For their own use, towns may construct telegraph, telephone, and electric lines upon and along the highways and public roads within their limits, subject to the provisions of this chapter so far as the same are applicable.
30 V.S.A. § 5037 — VT Code / Title 30 / Chapter 84 / Section 5037
§ 5037. Notes and bonds as legal investments
Status: in_force

Notwithstanding any other law, the State and all public officers, governmental units, and agencies of the State, all banks, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business, all insurance companies, insurance associations, and other persons carrying on an insurance business, all credit unions, and all executors, administrators, guardians, trustees, and other fiduciaries may legally invest any sinking funds, monies, or other funds belonging to them or within their control in any bonds or notes issued under this chapter, and the bonds or notes are authorized security for any and all public deposits.
30 V.S.A. § 3052 — VT Code / Title 30 / Chapter 82 / Section 3052
§ 3052. District composition
Status: in_force

A district formed under this chapter shall be composed of and include all of the lands and residents within a member municipality, and any other town or city subsequently admitted to the district as provided in this chapter except for those towns and cities that withdraw as provided in this chapter. Registered voters in each member municipality are eligible to vote in all district meetings, but only district member representatives are eligible to vote in meetings of the district's governing board.
30 V.S.A. § 214 — VT Code / Title 30 / Chapter 5 / Section 214
§ 214. Application for interconnection; joint use of facilities; and resolution of transmission disputes
Status: in_force

(a) The Public Utility Commission, upon application of any electric company, municipal, cooperative, or privately owned, engaged or authorized to engage in the manufacture, transmission, distribution, or sale of electric energy, may by order direct an electric company, municipal, cooperative, or privately owned, engaged in the manufacture, transmission, distribution, or sale of electric energy, to establish physical connection of its transmission or distribution facilities with the facilities of one or more other such electric company or companies, to sell energy to, to exchange energy with, to transmit or distribute energy for any other such electric company or companies. In addition, the Commission, upon application of the Department of Public Service, may by order direct an electric company engaged in the transmission of electric energy to transmit energy for the Department. For the purposes of this section, a company “authorized to engage” means a municipal company authorized under chapter 79 of this title, a cooperative authorized under chapter 81 of this title, or a privately owned company authorized by its articles of association, charter, or bylaws. However, the Commission shall have no authority to compel any electric company to sell or exchange, transmit, or distribute energy when to do so would impair its ability to render adequate service to its customers. The Commission's order may only be issued after due notice to all interested parties and findings based upon adequate evidence that the Commission's action will be consistent with the general good of the State and that it is not detrimental to the interest of investors or consumers. The Commission may prescribe the terms and conditions of the arrangement to be made between the electric companies, including the Department of Public Service, affected by the order, including the compensation or reimbursement reasonably due to any of them, and in the case of a new physical connection the apportionment of costs between or among them, provided that a company making application for a connection that will inure to its sole benefit shall assume the entire cost of the connection.

(b) The Commission shall have authority to arbitrate disputes between or among users or prospective users of transmission facilities located within the State, where such disputes arise under any agreement or under any State or federal tariff relating to the provision of or entitlements to transmission services and providing for arbitration by the Commission. In conducting such arbitration, the Commission shall apply the terms and conditions set forth in the agreement or tariff, provided that where a user or prospective user proposes a change in the provision of entitlements to transmission services, it shall bear the burden of proving that the proposed change, including any reduction in or adverse effect upon the transmission services of or entitlements held by any other user, promotes the general good of the State.

(c) In any arbitration proceeding conducted pursuant to this section, the Commission shall give notice to all Vermont electric companies, the Department, and any other persons or entities that have notified the Commission that they hold entitlements to the transmission services that will be the subject of the proceeding. Upon proper application, all persons and entities entitled to notice under this subsection shall be permitted to participate in the proceeding.

(d) The provisions of 12 V.S.A. §§ 5671(6)-(9) and 5676-5679 shall not apply to any arbitration proceeding conducted pursuant to the provisions of this section if the agreement or tariff under which arbitration is being conducted provides for direct appeal of questions of law to the Supreme Court. In such cases, any award, order, or decree of the Commission shall, solely for purposes of proceedings subsequent to the issuance of the same, be treated as if it were an order of the Commission acting in a quasi-judicial capacity in a contested case, except that the Commission shall have no power of enforcement. The provisions of sections 12, 14, and 15 of this title shall also apply in such cases.

(e) Notwithstanding 12 V.S.A. § 5652(b), a provision to arbitrate transmission disputes is enforceable if contained in a validly filed state or federal tariff. Unless otherwise provided, a provision to arbitrate contained in a validly filed tariff creates a duty to arbitrate and is valid and enforceable, except upon such grounds as exist for the termination or revocation of the tariff.
30 V.S.A. § 2706 — VT Code / Title 30 / Chapter 75 / Section 2706
§ 2706. Transmission of telephone messages
Status: in_force

A person owning, hiring, or leasing a telephone shall have the right to transmit by telephone to any telegraph company using a telephone, a message to be forwarded by telegraph, and also the right to receive from such telegraph company over such telephone wires, messages received by telegraph for such individual.
30 V.S.A. § 219 — VT Code / Title 30 / Chapter 5 / Section 219
§ 219. Service
Status: in_force

Each company subject to supervision under this chapter shall be required to furnish reasonably adequate service, accommodation, and facilities to the public. The charge made by any such company for any product or service shall be reasonable and without discrimination, except as provided in this chapter.
30 V.S.A. § 8001 — VT Code / Title 30 / Chapter 89 / Section 8001
§ 8001. Renewable energy goals
Status: in_force

(a) The General Assembly finds it in the interest of the people of the State to promote the State energy policy established in section 202a of this title by:

(1) Balancing the benefits, lifetime costs, and rates of the State's overall energy portfolio to ensure that to the greatest extent possible the economic benefits of renewable energy in the State flow to the Vermont economy in general, and to the rate-paying citizens of the State in particular.

(2) Supporting development of renewable energy that uses natural resources efficiently and related planned energy industries in Vermont, and the jobs and economic benefits associated with such development, while retaining and supporting existing renewable energy infrastructure.

(3) Providing an incentive for the State's retail electricity providers to enter into affordable, long-term, stably priced renewable energy contracts that mitigate market price fluctuation for Vermonters.

(4) Developing viable markets for renewable energy and energy efficiency projects.

(5) Protecting and promoting air and water quality in the State and region through the displacement of those fuels, including fossil fuels, that are known to emit or discharge pollutants.

(6) Contributing to reductions in global climate change and anticipating the impacts on the State's economy that might be caused by federal regulation designed to attain those reductions.

(7) Providing support and incentives to locate renewable energy plants of small and moderate size in a manner that is distributed across the State's electric grid, including locating such plants in areas that will provide benefit to the operation and management of that grid through such means as reducing line losses and addressing transmission and distribution constraints.

(8) Promoting the inclusion, in Vermont's electric supply portfolio, of renewable energy plants that are diverse in plant capacity and type of renewable energy technology.

(b) The Commission shall adopt the rules that are necessary to allow the Commission and the Department to implement and supervise programs pursuant to subchapter 1 of this chapter.
30 V.S.A. § 3019 — VT Code / Title 30 / Chapter 81 / Section 3019
§ 3019. Location of office
Status: in_force

Upon authorization of its board of trustees or its members, a cooperative may change the location of its principal office by filing in the office of the Secretary of State a certificate reciting such change of principal office, executed and acknowledged by its president or vice president under its seal attested by its clerk.
30 V.S.A. § 2514 — VT Code / Title 30 / Chapter 71 / Section 2514
§ 2514. Line to remain property of company
Status: in_force

A line erected as authorized in section 2513 of this title shall remain the property of such telegraph, telephone, or electric light company, and shall not pass by sale, transfer, or mortgage made by the railroad corporation, of the lands upon which the line is erected, nor shall the line be liable to attachment or levy of execution against such railroad corporation.
30 V.S.A. § 501 — VT Code / Title 30 / Chapter 13 / Section 501
§ 501. Definitions
Status: in_force

As used in this chapter:

(1) “Commission” shall mean the Public Utility Commission.

(2) “Cable television system” means facilities by which television signals are received at a central location and for consideration are transmitted to customers or subscribers by means of cables or wires.

(3) “Company” or “companies” means persons, partnerships, associations, corporations, including a municipality authorized under section 513 of this title, owning or operating a cable television system, except nonprofit systems serving fewer than 100 subscribers.
30 V.S.A. § 3032 — VT Code / Title 30 / Chapter 81 / Section 3032
§ 3032. Sale or lease of assets
Status: in_force

A cooperative may not sell, lease, or otherwise dispose of all or a substantial portion of its property unless such sale, lease, or other disposition is authorized by the affirmative vote of not less than a majority of all the members of the cooperative. Members may vote in person or in a manner authorized under section 3011 of this title.
30 V.S.A. § 3014 — VT Code / Title 30 / Chapter 81 / Section 3014
§ 3014. Election and term of office
Status: in_force

(a) The bylaws of a cooperative shall determine the method of election and term of office of the directors.

(b) Existing bylaws shall govern until duly amended. Those cooperatives that have in the past in compliance with their bylaws elected their directors to serve for staggered terms of three or four years may continue the practice.
30 V.S.A. § 3053 — VT Code / Title 30 / Chapter 82 / Section 3053
§ 3053. Creation; duration; noncontestability
Status: in_force

(a) Following the organizational meeting called for in section 3060 of this chapter, the district's governing board shall cause to be filed with the Office of the Secretary of State a certificate attesting to the vote conducted under subsection 3051(b) of this chapter.

(b) A district formed under this chapter shall continue as a body politic and corporate unless and until dissolved according to the procedures set forth in this chapter.

(c) An action shall not be brought directly or indirectly challenging, questioning, or in any manner contesting the legality of the formation, or the existence as a body corporate and politic of any communications union district created under this chapter after six months from the date of the recording in the office of the Secretary of State of the certificate required by subsection (a) of this section. An action shall not be brought directly or indirectly challenging, questioning, or in any manner contesting the legality or validity of any bonds issued to defray costs of communications plant improvements approved by the board, after six months from the date upon which the board voted affirmatively to issue such bonds. This section shall be liberally construed to affect the legislative purpose to validate and make certain the legal existence of all communications union districts in this State and the validity of bonds issued or authorized for communications plant improvements, and to bar every remedy notwithstanding any defects or irregularities, jurisdictional or otherwise, after expiration of the six-month period. The provisions of this subsection shall also pertain to financial contracts directly related to the district's bonding authority.

(d) To the extent a district constructs communications infrastructure with the intent of providing communications services, the district shall ensure that any and all losses from these services, or in the event these services are abandoned or curtailed, any and all costs associated with the investment in communications infrastructure, are not borne by the taxpayers of district members.
30 V.S.A. § 2513 — VT Code / Title 30 / Chapter 71 / Section 2513
§ 2513. Lines along railroad tracks; wireless and other telecommunications facilities
Status: in_force

(a) A company subject to the jurisdiction of the Public Utility Commission may erect and maintain its telecommunications or electric transmission and distribution lines and facilities along the sides of railroad tracks within the limits of lands owned or held by a railroad on paying reasonable compensation to the railroad. If they cannot agree upon the amount of reasonable compensation, it shall be determined by the Transportation Board which shall ascertain the compensation.

(b) Wireless telecommunications and broadband facilities may be erected and maintained within the limits of lands owned or held by a railroad in the same manner as other utility facilities.

(c) For purposes of this section, “broadband” shall have the same definition as in the rules adopted by the Public Utility Commission for purposes of attachment to utility poles.
30 V.S.A. § 3057 — VT Code / Title 30 / Chapter 82 / Section 3057
§ 3057. Board authority
Status: in_force

The legislative power and authority of a district and the administration and the general supervision of all fiscal, prudential, and governmental affairs thereof shall be vested in a legislative body known as the governing board, except as specifically provided otherwise in this chapter.
30 V.S.A. § 227 — VT Code / Title 30 / Chapter 5 / Section 227
§ 227. Suspension; refund
Status: in_force

(a) If the Commission orders that a change shall not go into effect until final determination of the proceedings, it shall proceed to hear the matter as promptly as possible and shall make its determination within seven months from the date that it orders the investigation unless the company consents to waive the seven-month requirement. If a company files for a change in rate design among classes of ratepayers, and the company has a rate case pending before the Commission, the Commission shall make its determination on the rate design change within seven months after the rate case is decided by the Commission unless the company consents to waive the seven-month requirement. Except when the company consents to waive the seven-month requirement, if the Commission fails to make its determination within the time periods set by this subsection, the changed rate schedules filed by the company shall become effective and final.

(b) The Commission, on its own motion, may order an investigation and hearing on the justness and reasonableness of existing rates of a company, subject to supervision under this chapter. The Commission shall proceed to hear the matter as promptly as possible and shall make every effort to make its determination within seven months from the date the proceeding was instituted. If the Commission does make its determination within such seven months, then its final order shall be retroactive to the day that the proceedings were instituted and such final order shall contain a directive that the company, other than a common carrier of passengers by motor vehicle, shall repay to the persons from whom collected between the time the proceedings were instituted and the final order all sums that the Commission determines are in excess of the rates ultimately found to be just and reasonable. If the Commission does not make its determination within seven months of the institution of the proceedings, then its final order when made shall be retroactive only to a date seven months after the institution of the proceedings and the final order shall contain a directive that the company shall repay to persons from whom collected between the date seven months after the institution of the proceedings and the determination thereof all sums that the Commission determines are in excess of the rates ultimately found to be just and reasonable.
30 V.S.A. § 8123 — VT Code / Title 30 / Chapter 94 / Section 8123
§ 8123. Definitions
Status: in_force

As used in this chapter:

(1) “Carbon intensity value” means the amount of lifecycle greenhouse gas emissions per unit of energy of fuel expressed in grams of carbon dioxide equivalent per megajoule (gCO2e/MJ).

(2) “Clean heat credit” means a tradeable, nontangible commodity that represents the amount of greenhouse gas reduction attributable to a clean heat measure. The Commission shall establish a system of management for clean heat credits pursuant to this chapter.

(3) “Clean heat measure” means fuel delivered and technologies installed to end-use customers in Vermont that reduce greenhouse gas emissions from the thermal sector. Clean heat measures shall not include switching from one fossil fuel use to another fossil fuel use. The Commission may adopt a list of acceptable actions that qualify as clean heat measures.

(4) “Commission” means the Public Utility Commission.

(5) “Customer with low income” means a customer with a household income of up to 60 percent of the area or statewide median income, whichever is greater, as published annually by the U.S. Department of Housing and Urban Development or a customer who qualifies for a government-sponsored, low-income energy subsidy.

(6) “Customer with moderate income” means a customer with a household income between 60 percent and 120 percent of the area or statewide median income, whichever is greater, as published annually by the U.S. Department of Housing and Urban Development.

(7) “Default delivery agent” means an entity designated by the Commission to provide services that generate clean heat measures.

(8) “Energy burden” means the annual spending on thermal energy as a percentage of household income.

(9) “Entity” means any individual, trustee, agency, partnership, association, corporation, company, municipality, political subdivision, or any other form of organization.

(10) “Fuel pathway” means a detailed description of all stages of fuel production and use for any particular fuel, including feedstock generation or extraction, production, transportation, distribution, and combustion of the fuel by the consumer. The fuel pathway is used in the calculation of the carbon intensity value and lifecycle greenhouse gas emissions of each fuel.

(11) “Heating fuel” means fossil-based heating fuel, including oil, propane, natural gas, coal, and kerosene.

(12) “Obligated party” means:

(A) A regulated natural gas utility serving customers in Vermont.

(B) For other heating fuels, the entity that imports heating fuel for ultimate consumption within the State, or the entity that produces, refines, manufactures, or compounds heating fuel within the State for ultimate consumption within the State. For the purpose of this section, the entity that imports heating fuel is the entity that has ownership title to the heating fuel at the time it is brought into Vermont.

(13) “Thermal sector” has the same meaning as the “Residential, Commercial and Industrial Fuel Use” sector as used in the Vermont Greenhouse Gas Emissions Inventory and Forecast and does not include nonroad diesel or any other transportation or other fuel use categorized elsewhere in the Vermont Greenhouse Gas Emissions Inventory and Forecast.
30 V.S.A. § 2914 — VT Code / Title 30 / Chapter 79 / Section 2914
§ 2914. Condemnation
Status: in_force

When it is necessary that a municipality that has voted to establish a municipal plant should acquire property within this State, or some easement or other limited right in such property in order that it may render adequate service to the public in the operation of its municipal plant, it may condemn such property or right in the manner prescribed for public service corporations in chapter 3 of this title.
30 V.S.A. § 203 — VT Code / Title 30 / Chapter 5 / Section 203
§ 203. Jurisdiction of certain public utilities
Status: in_force

The Public Utility Commission and the Department of Public Service shall have jurisdiction over the following described companies within the State, their directors, receivers, trustees, lessees, or other persons or companies owning or operating the companies and of all plants, lines, exchanges, and equipment of the companies used in or about the business carried on by them in this State as covered and included in this chapter. This jurisdiction shall be exercised by the Commission and the Department so far as may be necessary to enable them to perform the duties and exercise the powers conferred upon them by law. The Commission and the Department may, when they deem the public good requires, examine the plants, equipment, lines, exchanges, stations, and property of the companies subject to their jurisdiction under this chapter.

(1) A company engaged in the manufacture, transmission, distribution, storage, or sale of gas or electricity directly to the public or to be used ultimately by the public for lighting, heating, or power and so far as relates to their use or occupancy of the public highways.

(2) That part of the business of a company that consists of the manufacture, transmission, distribution, storage, or sale of gas or electricity directly to the public or to be used ultimately by the public for lighting, heating, or power and so far as relates to their use or occupancy of the public highways.

(3) A company other than a municipality or a water system exempted under the provisions of 10 V.S.A. § 1675a engaged in the collecting, sale, and distribution of water for domestic, industrial, business, or fire protection purposes.

(4) A company engaged in the construction and maintenance of dams and storage reservoirs whether for the purpose of prevention of damage by flood, or for the purpose of power to be developed, or for the benefit of waterpower, developed or undeveloped, so situated as to be affected by such reservoirs and dams.

(5) A person or company offering telecommunications service to the public on a common carrier basis. “Telecommunications service” means the transmission of any interactive two-way electromagnetic communications, including voice, image, data, and information. Transmission of electromagnetic communications includes the use of any media such as wires, cables, television cables, microwaves, radio waves, light waves, or any combination of those or similar media. Telecommunications service does not include value-added nonvoice services in which computer processing applications are used to act on the form, content, code, and protocol of the information to be transmitted unless those services are provided under tariff approved by the Public Utility Commission.

(6) A company or that part of a company, other than a municipality, that has obtained a direct or indirect discharge permit issued by the Agency of Natural Resources and is engaged in the collection or disposal of wastewater or domestic sewage or any combination of these activities, except companies solely involved in the hauling of septage or sludge. This subdivision shall only apply to companies that, together with any affiliates, service 750 or more household or dwelling units.

(7) Notwithstanding subdivisions (1) and (2) of this section, the Commission and Department shall not have jurisdiction over persons otherwise not regulated by the Commission that are engaged in the siting, construction, ownership, operation, or control of a facility that sells or supplies electricity to the public exclusively for charging a plug-in electric vehicle, as defined in 23 V.S.A. § 4(85). These persons may charge by the kWh for owned or operated electric vehicle supply equipment, as defined in section 201 of this title, but shall not be treated as an electric distribution utility just because electric vehicle supply equipment charges by the kWh.

(8) For purposes of this section, “storage” has the same meaning as “energy storage facility” as defined in section 201 of this title.
30 V.S.A. § 202e — VT Code / Title 30 / Chapter 5 / Section 202e
§ 202e. Telecommunications and connectivity
Status: in_force

(a) Among other powers and duties specified in this title, the Department of Public Service, through the Division for Telecommunications and Connectivity, shall promote:

(1) access to affordable broadband service to all residences and businesses in all regions of the State, to be achieved in a manner that is consistent with the State Telecommunications Plan;

(2) universal availability of mobile telecommunication services, including voice and high-speed data along roadways, and near universal availability statewide;

(3) investment in telecommunications infrastructure in the State that creates or completes the network for service providers to create last-mile connection to the home or business and supports the best available and economically feasible service capabilities;

(4) the continuous upgrading of telecommunications and broadband infrastructure in all areas of the State to reflect the rapid evolution in the capabilities of available broadband and mobile telecommunications technologies, the capabilities of broadband and mobile telecommunications services needed by persons, businesses, and institutions in the State; and

(5) the most efficient use of both public and private resources through State policies by encouraging the development, funding, and implementation of open access telecommunications infrastructure.

(b) To achieve the goals specified in subsection (a) of this section, the Division shall:

(1) provide resources to local, regional, public, and private entities in the form of grants, technical assistance, coordination, and other incentives;

(2) prioritize the use of existing buildings and structures, historic or otherwise, as sites for visually neutral placement of mobile telecommunications and wireless broadband antenna facilities;

(3) inventory and assess the potential to use federal radio frequency licenses held by instrumentalities of the State to enable broadband service in unserved areas of the State; take steps to promote the use of those licensed radio frequencies for that purpose; and recommend to the General Assembly any further legislative measures with respect to ownership, management, and use of these licenses as would promote the general good of the State;

(4) coordinate telecommunications initiatives among Executive Branch agencies, departments, and offices;

(5) identify the types and locations of infrastructure and services needed to carry out the goals stated in subsection (a) of this section;

(6) formulate, with the advice and assistance of the Telecommunications and Connectivity Board and with input from the regional planning commissions, an action plan that conforms with the State Telecommunications Plan, as updated and revised, and carries out the goals stated in subsection (a) of this section;

(7) coordinate the agencies of the State to make public resources available to support the extension of broadband and mobile telecommunications infrastructure and services to all unserved and underserved areas;

(8) support and facilitate initiatives to extend the availability of broadband and mobile telecommunications and promote development of the infrastructure that enables the provision of these services;

(9) work cooperatively with the Agency of Transportation and the Department of Buildings and General Services to assist in making available transportation rights-of-way and other State facilities and infrastructure for telecommunications projects in conformity with applicable federal statutes and regulations; and

(10) receive all technical and administrative assistance as deemed necessary by the Director for Telecommunications and Connectivity.

(c)(1) The Director may request from telecommunications service providers voluntary disclosure of information regarding deployment of broadband, telecommunications facilities, or advanced metering infrastructure that is not publicly funded. The information may include data identifying projected coverage areas, projected average speed of service, service type, and the anticipated date of completion in addition to identifying the location and routes of proposed cables, wires, and telecommunications facilities.

(2) The Director may enter into a nondisclosure agreement with respect to any voluntary disclosures under this subsection, and the information disclosed shall remain confidential. Alternatively, entities that voluntarily provide information requested under this subsection may select a third party to be the recipient of the information. The third party may aggregate information provided by the entities but shall not disclose provider-specific information it has received under this subsection to any person, including the Director. The third party shall only disclose the aggregated information to the Director. The Director may publicly disclose aggregated information based upon the information provided under this subsection. The confidentiality requirements of this subsection shall not affect whether information provided to any agency of the State or a political subdivision of the State pursuant to other laws is or is not subject to disclosure.

(d) The Division shall only promote the expansion of broadband services that offer actual speeds that meet or exceed the minimum technical service characteristic objectives contained in the State's Telecommunications Plan.

(e) Notwithstanding 2 V.S.A. § 20(d), on or before January 15 of each year, the Director, with the advice and assistance of the Telecommunications and Connectivity Board, shall submit a report of its activities pursuant to this section and duties of subsection 202f(f) of this title for the preceding fiscal year to the General Assembly. Each report shall include an operating and financial statement covering the Division's operations during the year, including a summary of all grant awards and contracts and agreements entered into by the Division, as well as the action plan required under subdivision (b)(6) of this section. In addition, the report shall include an accurate map and narrative description of each of the following:

(1) the areas served and the areas not served by broadband that has a download speed of at least 4 Mbps and an upload speed of at least 1 Mbps, and cost estimates for providing such service to unserved areas;

(2) the areas served and the areas not served by broadband that has a download speed of at least 25 Mbps and an upload speed of at least 3 Mbps, or as defined by the FCC in its annual report to Congress required by section 706 of the Telecommunications Act of 1996, whichever is higher, and the cost estimates for providing such service to unserved areas;

(3) the areas served and the areas not served by broadband that has a download speed of at least 100 Mbps and is symmetrical, and the cost estimates for providing such service to unserved areas; and

(4) if monetarily feasible, the areas served and the areas not served by wireless communications service, and cost estimates for providing such service to unserved areas.
30 V.S.A. § 8088 — VT Code / Title 30 / Chapter 91A / Section 8088
§ 8088. Interagency cooperation and assistance
Status: in_force

Other departments and agencies of the State government, including the E-911 Board, shall assist and cooperate with the Board and shall make available to it information and data as needed to assist the Board in carrying out its duties. The Secretary of Administration shall establish protocols and agreements among the Board and departments and agencies of the State for this purpose. Nothing in this section shall be construed to waive any privilege or protection otherwise afforded to the data and information under exemption to the Public Records Act or under other laws due solely to the fact that the information or data is shared with the Board pursuant to this section.
30 V.S.A. § 5040 — VT Code / Title 30 / Chapter 84 / Section 5040
§ 5040. Public Utility Commission jurisdiction
Status: in_force

Notwithstanding any other provision of this chapter, the Authority shall be subject to the regulatory jurisdiction of the Public Utility Commission, insofar as provided in this title.
30 V.S.A. § 210 — VT Code / Title 30 / Chapter 5 / Section 210
§ 210. Electric companies; interconnection facilities
Status: in_force

(a) The Public Utility Commission shall have jurisdiction to order electric companies subject to its supervision to build or rebuild electric transmission lines in order to provide adequate interconnection between the transmission systems of the State. The Commission shall have power to exercise this jurisdiction only after due notice to all interested parties and opportunity for hearing and after making findings based upon adequate evidence that the ordered construction:

(1) is necessary in the interests of consumers of electrical energy;

(2) is not detrimental to the interests of the investors of the company ordered to build or rebuild; and

(3) will serve the public good.

(b) The Commission may allocate the cost of building or rebuilding between the companies whose facilities are to be interconnected, providing that the findings referred to are made as to each company affected by the allocation.
30 V.S.A. § 5015 — VT Code / Title 30 / Chapter 84 / Section 5015
§ 5015. Tax exemption
Status: in_force

(a) All bonds or notes issued under this chapter are issued by a body corporate and politic of this State and for an essential public and governmental purpose. Those bonds and notes, and the interest on them and the income from them, including any profit on their sale, and all activities of the Authority and fees, charges, funds, revenues, incomes, and other monies of the Authority whether or not pledged or available to pay or secure the payment of those bonds or notes, or interest on them, are exempt from all taxation, franchise fees, or special assessments of whatever kind except for transfer, inheritance, and estate taxes.

(b) The Authority is not required to make or file any reports, statements, or informational returns required of any utility or other bodies corporate except as provided in this chapter.

(c) Real and personal property, situated within the State and owned by the Authority shall be exempt from property taxation. The Authority shall, in lieu of property taxes, pay to any governmental body authorized to levy local property taxes the amount that would be assessable as local property taxes on the real and tangible personal property if that property were the property of a utility. These payments shall be due, and bear interest if unpaid, as in the case of taxes on the property of a utility. For purposes of these payments in lieu of taxes, the assessors of the taxing authority shall make a valuation and assessment of the property and determine the tax that would be assessable if the property were owned by a utility. Payments in lieu of taxes made under this chapter shall be treated in the same manner as taxes for the purposes of all procedural and substantive provisions of law, including appeals, applicable to assessment and taxation of real and personal property, collection, and abatement of these taxes and the raising of public revenues.
30 V.S.A. § 2816 — VT Code / Title 30 / Chapter 77 / Section 2816
§ 2816. Civil penalty for violation of gas safety standards
Status: in_force

(a) Gas pipeline safety program. Any person who violates any statute, rule, regulation, or order of the Public Utility Commission relating to safety standards or safety practices applicable to transportation of gas through gas pipeline facilities subject to the jurisdiction of the Public Utility Commission is subject to a civil penalty of not more than $200,000.00 for each violation for each day that the violation persists. However, the maximum civil penalty shall not exceed $2,000,000.00 for any related series of violations. The penalty may be imposed by the Commission after notice to the offending person of the alleged violations and opportunity for hearing.

(b) Any civil penalty may be compromised by the Public Utility Commission. In determining the amount of the penalty, or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation, and the good faith of the person in attempting to achieve compliance, after notification of a violation, shall be considered. The amount of the penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the State to the person charged or may be recovered in a civil action based upon this section.
30 V.S.A. § 212c — VT Code / Title 30 / Chapter 5 / Section 212c
§ 212c. Retail sale by the Department; Commission approval
Status: in_force

(a) The Department shall not enter into a contract or arrangement for retail sales unless approved by the Public Utility Commission under this section. Before the Public Utility Commission approves any retail sale of energy or capacity under this section, it shall conclude that the sale will promote the public good of the State by finding that:

(1) the proposed sale, where appropriate, is reasonably required to meet actual or projected growth in statewide demand, to replace amounts of electricity or capacity sold at retail by the Department on May 28, 1987, or to provide capacity or energy needs arising from a bankruptcy filing by any Vermont electric utility;

(2) the Department's retail rates are just and reasonable, the sale will not result in unjust discrimination in rates, and the sale will result in economic benefits for the State and its residents;

(3) the sale will not adversely affect system stability and reliability, and the sale will be in compliance with the Electric Energy Plan adopted under section 202 of this title, or that there exists good cause to permit the proposed sale; and

(4) the sale is in the best interests of the ratepayers, and that the current and future benefits of the sale outweigh the current and future costs to the State's residents.

(b) The Commission shall make its final determination under this subsection within six months after a filing by the Department. The Department's rate filings and any adjustments or exceptions to them shall be consistent with the procedures set forth in sections 225, 226, 227, 228, and 229 of this chapter, where applicable.
30 V.S.A. § 3009 — VT Code / Title 30 / Chapter 81 / Section 3009
§ 3009. Notice of meeting
Status: in_force

Except as otherwise provided in this chapter, written or printed notice stating the time and place of each meeting of the members, and, in the case of a special meeting, the purpose or purposes for which the meeting is called, shall be given to each member, either personally or by mail, not less than 10 nor more than 25 days before the date of the meeting. If mailed, such notice shall be deemed to be given when deposited in the U.S. mail with postage prepaid addressed to the member at his or her address as it appears on the records of the cooperative.
30 V.S.A. § 7061 — VT Code / Title 30 / Chapter 87 / Section 7061
§ 7061. Enforcement and penalties
Status: in_force

(a) The Board may file a civil action for injunctive relief in Washington County Superior Court to enforce a provision of this chapter or a rule adopted by the Board under this chapter. The court shall award the Board its costs and reasonable attorney's fees in the event that the Board prevails in an action under this subsection.

(b) A person who violates the provisions of section 7059 of this title shall be imprisoned not more than one year or fined not more than $10,000.00, or both.

(c) An aggrieved individual may maintain an action in Superior Court for damages, injunctive relief, costs, and attorney's fees against any person who intentionally or with gross negligence violates any provision of, or rules adopted under, section 7059 or subsection 7055(b) of this title.
30 V.S.A. § 7007 — VT Code / Title 30 / Chapter 86 / Section 7007
§ 7007. Notice of damage
Status: in_force

When any underground utility facility is damaged during excavation activities, the excavator shall immediately notify the affected company. Under no circumstances shall the excavator backfill or conceal the damaged area until the company inspects and repairs the damage, provided that the excavator shall take reasonable and prudent actions to protect the public from serious injury from the damaged facilities until the company or emergency response personnel arrive at the damaged area. An excavator who causes damage to a pipeline that results in a release of natural or other gas or hazardous liquid shall promptly report the release to emergency responders by calling 911.
30 V.S.A. § 120 — VT Code / Title 30 / Chapter 3 / Section 120
§ 120. Removal of remains
Status: in_force

The remains of the dead in such cemetery shall be removed by the selectboard or board of cemetery commissioners and interred in some suitable cemetery after final judgment and before the exercise of any rights in such cemetery.
30 V.S.A. § 7513 — VT Code / Title 30 / Chapter 88 / Section 7513
§ 7513. Lifeline
Status: in_force

The fiscal agent shall make distributions for the Vermont Lifeline program under subsection 218(c) of this title to reimburse telecommunications service providers for credits that have been granted to their customers, within annual limits approved in advance by the Public Utility Commission. The fiscal agent shall also make distributions to reimburse telecommunications companies for Lifeline program administration costs approved by the Commission.
30 V.S.A. § 8011 — VT Code / Title 30 / Chapter 89 / Section 8011
§ 8011. Energy storage facilities
Status: in_force

(a) The Commission may adopt and implement rules that govern the installation and operation of energy storage facilities of all sizes.

(b) The rules may establish a size threshold below which storage facilities need not submit an application for a certificate of public good pursuant to section 248 of this title.

(c) The rules may include provisions that govern:

(1) the respective duties of retail electricity providers and energy storage facility owners or operators;

(2) the electrical and fire safety, power quality, interconnection, metering, and decommissioning of energy storage facilities;

(3) the resolution of disputes between energy storage facility owners, operators, and the interconnecting provider;

(4) energy storage aggregators and the operation of aggregations; and

(5) energy storage facilities paired with other resources, such as net metering and standard offer plants, including retrofits of existing plants.

(d) The rules shall establish standards and procedures governing application for and issuance or revocation of a certificate of public good for certain energy storage facilities under the provisions of section 248 of this title. In establishing these standards and procedures, the rules may:

(1) waive the requirements of section 248 of this title that are not applicable to energy storage facilities, including criteria that are generally applicable to public service companies as defined in this title;

(2) modify notice and hearing requirements of this title as the Commission considers appropriate; and

(3) seek to simplify the application and review process.
30 V.S.A. § 24 — VT Code / Title 30 / Chapter 1 / Section 24
§ 24. Payments from special funds; biennial report
Status: in_force

All payments from the special fund for the maintenance of the engineering and accounting forces and from the Public Service Reserve Fund shall be dispensed from the State Treasury only upon warrants issued by the Commissioner of Finance and Management after receipt of proper statements describing services rendered and expenses incurred. A complete, detailed, and full accounting of all receipts from the taxes assessed in sections 22 and 23 of this title and all disbursements from the special fund for the maintenance of the engineering and accounting forces and from the Public Service Reserve Fund shall be contained in the Department's biennial report to the General Assembly. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this section.
30 V.S.A. § 209c — VT Code / Title 30 / Chapter 5 / Section 209c
§ 209c. Electricity affordability program
Status: in_force

(a) The Public Utility Commission shall design a proposed electricity affordability program in the form of draft legislation. The program shall be developed with the aid of an electricity affordability program collaborative. The collaborative, composed of representatives from the electric utilities, residential customers, consumer representatives, low-income program representatives, representatives from programs for elders, the Department of Public Service, the Agency of Human Services, and other stakeholders identified by the Commission, shall aid in the development of an electricity affordability program, as well as requirements for the implementation and funding of the program. The proposed electricity affordability program will be presented to the Vermont General Assembly in the form of draft legislation for consideration in January 2007.

(b) The proposed electricity affordability program shall provide assistance in the payment of electricity bills for eligible low-income residential customers served by electric companies subject to the jurisdiction of the Commission.

(c) In developing the electricity affordability program, the Commission shall review the successes and administrative burdens of similar programs in operation in other states and consider the following goals, which shall be afforded equal weight in formulating the program:

(1) the need to provide payment assistance to low-income customers at and below 150 percent of the federal poverty level;

(2) the need for automatic screening and enrollment methods of eligible customers by means of information obtained from existing means-tested financial assistance programs administered by other Vermont agencies, such as food stamps, Medicaid, LIHEAP, or TANF; and

(3) the need to design a program that is funded by all customer classes in an equitable and reasonable manner and that results in the reimbursement of net incremental costs incurred by electric utilities to implement the program, taking into consideration the benefits as well as the costs.
30 V.S.A. § 3073 — VT Code / Title 30 / Chapter 82 / Section 3073
§ 3073. Recall of officers
Status: in_force

An officer may be removed by a two-thirds vote of the board whenever, in its judgment, the best interests of the district shall be served.
30 V.S.A. § 3025 — VT Code / Title 30 / Chapter 81 / Section 3025
§ 3025. Creditors' rights not impaired by merger
Status: in_force

Neither the rights of creditors nor liens upon the property of such cooperatives shall be impaired by such consolidation or merger.
30 V.S.A. § 107 — VT Code / Title 30 / Chapter 3 / Section 107
§ 107. Acquisition of control of one utility company by another; supervision
Status: in_force

(a) No company shall directly or indirectly acquire a controlling interest in any company subject to the jurisdiction of the Public Utility Commission, or in any company that directly or indirectly has a controlling interest in such a company, without the approval of the Public Utility Commission. Nothing in this section shall be deemed to affect the direct or indirect acquisition of a controlling interest in a company as defined in subdivision 501(3) of this title. The direct acquisition of the voting securities of a company defined in subdivision 501(3) shall continue to be regulated pursuant to section 515 of this title.

(b) Any company seeking to acquire such a controlling interest shall file a petition with the Public Utility Commission that describes the acquisition and sets forth the reasons why such an acquisition should be approved. The Public Utility Commission shall give notice of the petition to the Department of Public Service and other interested persons, and may conduct a hearing. The Commission may grant such approval only after due notice and opportunity for hearing and upon finding that such an acquisition will promote the public good.

(c) If any company acquires such a controlling interest without the prior approval of the Public Utility Commission, the Commission may then, after due notice and opportunity for hearing:

(1) approve the acquisition;

(2) modify any existing certificates or orders authorizing either or both companies to own or operate a public utility business under the provisions of this title;

(3) revoke any such existing certificates or orders, or revoke any orders approving the articles of incorporation of such companies; or

(4) declare the acquisition null and void, all as necessary to promote the public good.

(d) The Commission may by rule specify terms and conditions upon which companies shall give prior notice of acquisitions regulated by this section. Any such rule may specify categories of acquisitions that may be deemed to be approved if timely notice has been filed and an investigation has not been initiated by the Commission.

(e) For the purposes of this section:

(1) “Controlling interest” means 10 percent or more of the outstanding voting securities of a company; or such other interest as the Public Utility Commission determines, upon notice and opportunity for hearing following its own investigation or a petition filed by the Department of Public Service or other interested party, to constitute the means to direct or cause the direction of the management or policies of a company. The presumption that ten percent or more of the outstanding voting securities of a company constitutes a controlling interest may be rebutted by a company under procedures established by the Commission by rule.

(2) “Voting security” means any stock or security presently entitling the owner or holder to vote in the direction or management of the affairs of a company or any security issued under or pursuant to any agreement, trust, or arrangement where a trustee or trustees or agent or agents for the owner or holder of a security are presently entitled to vote in the direction or management of the affairs of a company.

(3) A specified per centum of the “outstanding voting securities of a company” means such amount of outstanding voting securities of such company as entitles the holder or holders thereof to cast that specified per centum of the aggregate votes that the holders of all the outstanding voting securities of such company are entitled to cast in the direction or management of the affairs of such company. (1961, No. 183, § 7; amended 1971, No. 50, eff. April 14, 1971; 1989, No. 96, § 2, eff. June 14, 1989; 1993, No. 21, § 6, eff. May 12, 1993; 1999, No. 157 (Adj. Sess.), § 2; 2023, No. 85 (Adj. Sess.), § 353, eff. July 1, 2024.)
30 V.S.A. § 3076 — VT Code / Title 30 / Chapter 82 / Section 3076
§ 3076. Indebtedness
Status: in_force

The board may borrow money through the issuance of notes of the district for the purpose of paying current expenses of the district. Such notes shall mature within one year, and may be refunded in the manner provided by law, and shall be payable solely from the district's operating revenues. The governing board may borrow money in anticipation of the receipt of grants-in-aid from any source and any revenues. Such notes shall mature within one year, but may be renewed as provided by general law.
30 V.S.A. § 2530 — VT Code / Title 30 / Chapter 71 / Section 2530
§ 2530. Telephones in public areas
Status: in_force

The selectboard of a town, or the Agency of Transportation in the case of State highways, may, upon written application and after notice to adjacent landowners, permit the construction, erection, and maintenance of public telephones, telephone booths, and appurtenances to them within the limits of public highways, sidewalks, parks, and parking areas when consistent with the public interest under reasonable rules, regulations, and arrangements as it may prescribe. (1961, No. 55, eff. April 4, 1961; amended 1989, No. 246 (Adj. Sess.), § 35; 2023, No. 85 (Adj. Sess.), § 396, eff. July 1, 2024.)
30 V.S.A. § 207 — VT Code / Title 30 / Chapter 5 / Section 207
§ 207. Report of accidents; investigation
Status: in_force

The superintendent or manager of any line or plant, subject to supervision under this chapter, shall, immediately after its occurrence, notify the Department in writing of any accident that occurs within this State upon such line or plant that results in loss of life or injury to any person that incapacitates him or her from engaging in his or her usual vocations. If the accident is subject to investigation by VOSHA pursuant to 21 V.S.A. chapter 3, subchapters 4 and 5, the Department shall provide support as requested by VOSHA, and VOSHA shall, to the extent permitted by law, provide the Department with any information pertaining to the investigation that is requested by the Department. If the accident is not subject to investigation by VOSHA, the Department shall inquire into the cause of the accident and shall make any recommendations to the company and to the Public Utility Commission as appropriate.
30 V.S.A. § 3062 — VT Code / Title 30 / Chapter 82 / Section 3062
§ 3062. Voting
Status: in_force

Each district member's delegation shall be entitled to cast one vote.
30 V.S.A. § 8103 — VT Code / Title 30 / Chapter 93 / Section 8103
§ 8103. Heat availability
Status: in_force

All of the heat generated by a Vermont village green renewable project shall be made available to the commercial, industrial, and residential users identified in the host community's application to the Commission under subsection 8101(b) of this title.
30 V.S.A. § 113 — VT Code / Title 30 / Chapter 3 / Section 113
§ 113. Compensation; where party cannot be found
Status: in_force

When a person to whom compensation is due cannot be found, is under any legal disability, or is out of this State, the Commission may order the compensation to be deposited with the county clerk of the county where the hearing was held. The money shall be invested and paid out according to orders made by a Superior judge.
30 V.S.A. § 2509 — VT Code / Title 30 / Chapter 71 / Section 2509
§ 2509. Selectboard's powers; expense
Status: in_force

The Agency of Transportation, selectboard, aldermen, or trustees may cause such poles to be painted, and may substitute straight poles in place of crooked ones, and may recover the expense thereof in an action on this statute, in the name of the State or of such town, city, or village against the person or corporation owning or operating such wires or line of wires.
30 V.S.A. § 23 — VT Code / Title 30 / Chapter 1 / Section 23
§ 23. Public Service Reserve Fund
Status: in_force

There is created a fund to be known as the Public Service Reserve Fund for the purpose of providing the financial means for the Public Utility Commission and the Department of Public Service to employ legal counsel, official stenographers, and disinterested competent persons to examine into and testify in any matter involved in a hearing under sections 218, 225, 226, and 227 of this title other than the hearings referred to in sections 20 and 21 of this chapter. Payments into the Public Service Reserve Fund shall be made as follows: All electric distribution companies, cooperative, municipal, and privately owned, which have been allocated a share of St. Lawrence power by the Department, shall pay into the State Treasury for such reserve on or before September 15, 1961 and September 15, 1962, in addition to the taxes now required by law to be paid, a tax to produce a total of $37,500.00 in the aggregate for each such payment to be paid by each such company in proportion to its purchase of St. Lawrence power, during the calendar years 1959 and 1960. Thereafter, on June 30 of each year, there shall be deducted from the balance in the special fund for the maintenance of the Department's engineering and accounting force and personnel employed by the Commission the tax revenues payable under section 22 of this chapter in that year, and the balance thus determined shall be transferred from the special fund for the maintenance of the engineering and accounting force to the Public Service Reserve Fund; provided, however, that, if at June 30 of any year the balance in the public service reserve fund shall be in excess of $100,000.00, the amount of excess shall immediately be transferred to the General Fund.
30 V.S.A. § 54 — VT Code / Title 30 / Chapter 2 / Section 54
§ 54. Compliance plan
Status: in_force

The Commissioner of Public Service:

(1) Shall issue a plan for achieving compliance with the energy standards adopted under this subchapter no later than February 1, 2017 in at least 90 percent of new and renovated residential and commercial building space. In preparing this plan, the Department shall review enforcement mechanisms for building energy codes that have been adopted in other jurisdictions and shall solicit the comments and recommendations of one or more mortgage lenders; builders; building designers; architects; civil, mechanical, and electrical engineers; utility representatives; environmental organizations; consumer advocates; energy efficiency experts; the Attorney General; and other persons who are potentially affected or have relevant expertise.

(2) May:

(A) Establish active training and enforcement programs to meet the energy standards adopted under this subchapter.

(B) Establish a system for measuring the rate of compliance each year with the energy standards adopted under this chapter. If such a system is established, the Commissioner also shall provide for such annual measurement.

(C) Adopt administrative rules pursuant to 3 V.S.A. chapter 25 to implement this subdivision (2). To the extent the implementation of this subdivision (2) places obligations on persons outside the Department of Public Service, such obligations shall be by means of administrative rules.
30 V.S.A. § 3047 — VT Code / Title 30 / Chapter 81 / Section 3047
§ 3047. Cost allocations; subsidization prohibited
Status: in_force

In carrying out the purposes of this chapter, the electric revenues received from regulated activities of a cooperative shall not subsidize any nonelectric activities of the cooperative. A cooperative shall adopt cost allocation procedures to ensure that the electrical distribution revenues received from regulated activities of a cooperative do not subsidize any of the nonelectric activities and that costs attributable to any nonelectric activities are not included in the cooperative's rates for electric service. A copy of the cost allocation procedures shall be available to the public upon request.
30 V.S.A. § 26 — VT Code / Title 30 / Chapter 1 / Section 26
§ 26. Penalty
Status: in_force

When such annual report for any year is not rendered to the Department of Public Service and the tax due thereon is not paid on or before April 15 next following, there shall be added to the tax an additional amount equal to five percent thereof or $1.00, whichever is greater, if such return is made and tax paid within 15 days after becoming due, and 25 percent of the tax or $10.00, whichever is greater, if such return is not made and tax paid within 15 days after becoming due. When a company, which has failed to file such return or has filed an incorrect or insufficient return and has been notified by the Department of its delinquency refuses or neglects within 20 days after such notice to file a proper return, or files a fraudulent return, the Department shall determine the tax due according to its best information and belief and shall increase the amount of the tax so determined by 50 percent or $20.00, whichever is greater. No assessment shall be made under this section unless made within two years from the date on which a correct return should have been filed but the limitation of two years to the assessment of such tax or additional tax shall not apply to the assessment of additional taxes upon fraudulent returns. In its discretion, the Department may waive the penalties mentioned in this section if it is satisfied that the default was for any justifiable cause, and it may extend the time for filing returns or paying such tax, not to exceed two months.
30 V.S.A. § 11a — VT Code / Title 30 / Chapter 1 / Section 11a
§ 11a. Electronic filing and issuance
Status: in_force

(a) As used in this section:

(1) “Confidential document” means a document containing information for which confidentiality has been asserted and that has been filed with the Commission and parties in a proceeding subject to a protective order duly issued by the Commission.

(2) “Document” means information inscribed on a tangible medium or stored in an electronic or other medium and retrievable in perceivable form.

(3) “Electronic filing” means the transmission of documents to the Commission by electronic means.

(4) “Electronic filing system” means a Commission-designated system that provides for the electronic filing of documents with the Commission and for the electronic issuance of documents by the Commission. If the system provides for the filing or issuance of confidential documents, it shall be capable of maintaining the confidentiality of confidential documents and of limiting access to confidential documents to individuals explicitly authorized to access such confidential documents.

(5) “Electronic issuance” means:

(A) the transmission by electronic means of a document that the Commission has issued, including an order, proposal for decision, or notice; or

(B) the transmission of a message from the Commission by electronic means informing the recipients that the Commission has issued a document, including an order, proposal for decision, or notice, and that it is available for viewing and retrieval from an electronic filing system.

(6) “Electronic means” means any Commission-authorized method of electronic transmission of a document.

(b) The Commission by order, rule, procedure, or practice may:

(1) provide for electronic issuance of any notice, order, proposal for decision, or other process issued by the Commission, notwithstanding any other service requirements set forth in this title or in 10 V.S.A. chapter 43;

(2) require electronic filing of documents with the Commission;

(3) for any filing or submittal to the Commission for which the filing or submitting entity is required to provide notice or a copy to another State agency under this title or under 10 V.S.A. chapter 43, waive such requirement if the State agency will receive notice of and access to the filing or submittal through an electronic filing system; and

(4) for any filing, order, proposal for decision, notice, or other process required to be served or delivered by first-class mail or personal delivery under this title or under 10 V.S.A. chapter 43, waive such requirement to the extent the required recipients will receive the filing, order, proposal of decision, notice, or other process by electronic means or will receive notice of and access to the filing, order, proposal of decision, notice, or other process through an electronic filing system.

(c) Any order, rule, procedure, or practice issued under subsection (b) of this section shall include exceptions to accommodate parties and other participants who are unable to file or receive documents by electronic means.

(d) Subsection (b) of this section shall not apply to the requirements for service of citations and notices in writing as set forth in sections 111(b), 111a(i), and 2804 of this title.
30 V.S.A. § 248d — VT Code / Title 30 / Chapter 5 / Section 248d
§ 248d. Fee refund
Status: in_force

If an applicant withdraws an application and seeks a fee refund, then a written request for an application fee refund shall be submitted to the Public Utility Commission (Commission) within 90 days following the withdrawal of the application.

(1) As used in this section, “agency” means the Agency of Natural Resources, the Department of Public Service, or the Commission.

(2) In the event that an application is withdrawn before any agency has filed comments expressing a position on any part of the application, filed testimony, or filed a stipulated agreement with the Commission in the context of a certificate of public good proceeding, the Commission shall, upon request of the applicant, refund 50 percent of the fee paid to each agency above the first $100.00; however, in no instance shall the agency retain more than $20,000.00.

(3) In the event that an application is withdrawn after any agency has filed comments expressing a position on any part of the application, filed testimony, or filed a stipulated agreement with the Commission in the context of a certificate of public good proceeding, the Commission shall, upon request of the applicant, refund 25 percent of the fee paid to each agency above the first $100.00.

(4) Commission decisions regarding application fee refunds may be appealed to the Vermont Supreme Court.

(5) In no event may an application fee or a portion thereof be refunded after the Commission has issued a final decision on the merits of an application, whether the decision is to grant or deny the application in whole or in part.

(6) No interest will be due or payable on any money refunded under this section.
30 V.S.A. § 123 — VT Code / Title 30 / Chapter 3 / Section 123
§ 123. Expense
Status: in_force

The entire expense of whatever land may be necessary for the reinterment of remains and the cost of removal and reerection of headstones or monuments shall be paid by the corporation acquiring the burial ground and the easement.
30 V.S.A. § 115 — VT Code / Title 30 / Chapter 3 / Section 115
§ 115. Effect of payment of awards
Status: in_force

Upon the payment or deposit of the amounts awarded by the Commission, with interest, in accordance with its order, the petitioner shall be the owner of the property or right described in the findings. However, when an appeal is taken as provided in section 112 of this title, such ownership shall be an equitable title only with right of possession until the judgment of the Superior Court is complied with.
30 V.S.A. § 503 — VT Code / Title 30 / Chapter 13 / Section 503
§ 503. Certification
Status: in_force

(a) No company may own or operate a cable television system unless it holds a certificate of public good issued by the Commission authorizing it to do so.

(b) The Commission shall hear and determine applications in accordance with the criteria of section 504 of this title and the procedures set forth in sections 102 and 231 of this title.

(c) Application for a certificate of public good shall be made in writing to the Commission and shall contain the names of the owners or incorporators of the company, a description of the territory proposed to be served, a statement as to the proposed financing for the company, and such other information as the Commission by rule requires.

(d) Existing certificates of public good shall continue in full force and effect, but shall be deemed to include all terms and conditions imposed by this chapter and by the rules of the Public Utility Commission, and any inconsistent provision of any certificate of public good shall have no force or effect.

(e) Certificates of indefinite duration may be amended to provide for a duration of 11 years and such other terms as the Commission, after opportunity for hearing, may find appropriate.

(f) Revocation for cause: At any time a certificate of public good of a company issued pursuant to this section or section 504 of this title shall be subject to revocation under the provisions of section 509 of this title, regardless of whether it is subject to review, is seeking renewal, is electing not to seek renewal, or has been denied renewal.
30 V.S.A. § 222 — VT Code / Title 30 / Chapter 5 / Section 222
§ 222. Exceptions
Status: in_force

Public utilities under the jurisdiction of a federal commission shall not be required to keep any system of accounts and records that would conflict with any requirement of such federal commission.
30 V.S.A. § 202c — VT Code / Title 30 / Chapter 5 / Section 202c
§ 202c. State telecommunications; policy and planning
Status: in_force

(a) The General Assembly finds that advances in telecommunications technology and changes in federal regulatory policy are rapidly reshaping telecommunications services, thereby promising the people and businesses of the State communication and access to information, while creating new challenges for maintaining a robust, modern telecommunications network in Vermont.

(b) Therefore, to direct the benefits of improved telecommunications technology to all Vermonters, it is the purpose of this section and section 202d of this title to:

(1) strengthen the State's role in telecommunications planning;

(2) support the universal availability of appropriate infrastructure and affordable services for transmitting voice and high-speed data;

(3) support the availability of modern mobile wireless telecommunications services along the State's travel corridors and in the State's communities;

(4) provide for high-quality, reliable telecommunications services for Vermont businesses and residents;

(5) provide the benefits of future advances in telecommunications technologies to Vermont residents and businesses;

(6) support competitive choice for consumers among telecommunications service providers and promote open access among competitive service providers on nondiscriminatory terms to networks over which broadband and telecommunications services are delivered;

(7) support the application of telecommunications technology to maintain and improve governmental and public services, public safety, and the economic development of the State;

(8) support deployment of broadband infrastructure that:

(A) uses the best commercially available technology;

(B) does not negatively affect the ability of Vermont to take advantage of future improvements in broadband technology or result in widespread installation of technology that becomes outmoded within a short period after installation;

(9) in the deployment of broadband infrastructure, encourage the use of existing facilities, such as existing utility poles and corridors and other structures, in preference to the construction of new facilities or the replacement of existing structures with taller structures; and

(10) support measures designed to ensure that by the end of the year 2024 every E-911 business and residential location in Vermont has infrastructure capable of delivering internet access with service that has a minimum download speed of 100 Mbps and is symmetrical.
30 V.S.A. § 3022 — VT Code / Title 30 / Chapter 81 / Section 3022
§ 3022. Effect
Status: in_force

In the case of a consolidation, the separate existence of the consolidating cooperatives shall cease and the articles of consolidation shall be deemed to be the articles of incorporation of the new cooperative. In the case of a merger, the separate existence of the merging cooperatives shall cease and the articles of incorporation of the surviving cooperative shall be deemed to be amended to the extent that changes are provided for in the articles of the merger.
30 V.S.A. § 3 — VT Code / Title 30 / Chapter 1 / Section 3
§ 3. Public Utility Commission
Status: in_force

(a) The Vermont Public Utility Commission shall consist of a chair and two members. The Chair and each member shall not be required to be admitted to the practice of law in this State.

(b) The Chair shall be nominated, appointed, and confirmed in the manner of a Superior judge.

(c) Members of the Commission other than the Chair shall be appointed in accordance with this subsection. Whenever a vacancy occurs, public announcement of the vacancy shall be made. The Governor shall submit at least five names of potential nominees to the Judicial Nominating Board for review. The Judicial Nominating Board shall review the candidates in respect to judicial criteria and standards only and shall recommend to the Governor those candidates the Board considers qualified. The Governor shall make the appointment from the list of qualified candidates. The appointment shall be subject to the advice and consent of the Senate.

(d)(1) The term of each member shall be six years.

(2) Any appointment to fill a vacancy shall be for the unexpired portion of the term vacated.

(3)(A) A chair wishing to succeed himself or herself in office may seek reappointment under the terms of subsection (b) of this section.

(B) The Governor may reappoint a member of the Commission other than the Chair at the expiration of that member's term, subject to the advice and consent of the Senate.

(e) Notwithstanding 3 V.S.A. § 2004, or any other provision of law, members of the Commission may be removed only for cause. When a Commission member who hears all or a substantial part of a case retires from office before the case is completed, the member shall remain a member of the Commission for the purpose of concluding and deciding the case, and signing the findings, orders, decrees, and judgments. A retiring chair shall also remain a member for the purpose of certifying questions of law if appeal is taken. For this service, the member shall receive a reasonable compensation to be fixed by the remaining members of the Commission and necessary expenses while on official business.

(f) A case shall be deemed completed when the Commission enters a final order on it even though the order is appealed to the Supreme Court and the case remanded by that Court to the Commission. Upon remand the Commission then in office may in its discretion consider relevant evidence including any part of the transcript of testimony in the proceedings prior to appeal.

(g) The Chair shall have general charge of the offices and employees of the Commission.

(h) The Clerk may appoint and assign a former Commission member to sit on specific Commission cases when some or all of the regular members are disqualified or otherwise unable to serve. In making assignments, the Clerk shall begin with the former Commissioner who left service most recently and then, as needed, proceed to the next most recently serving former Commissioner. Former Commissioners shall receive pay in accordance with subsection (e) of this section.
30 V.S.A. § 517 — VT Code / Title 30 / Chapter 13 / Section 517
§ 517. Line extensions
Status: in_force

(a) A company may enter into agreements under this section with government, nonprofit, or private entities, including projects authorized or affiliated with the Vermont Telecommunications Authority, a municipality or fire district pursuant to 20 V.S.A. § 2601, or a regional aggregation and deployment project, to satisfy cable television line extension requirements.

(b) Upon petition of a company, the Commission shall modify the line extensions that a company would otherwise be required to construct if the company agrees to undertake alternative actions, including the extension of facilities that support alternative technologies for delivering broadband to users. Copies of the petition shall be filed with the Department and the Vermont Telecommunications Authority. The Commission shall approve such alternative methods of satisfying line extension requirements after notice and opportunity for hearing if it finds the petition promotes the general good of the State. In reaching its determination, the Commission shall consider whether the company's proposal:

(1) is consistent with the activities and initiatives of the Vermont Telecommunications Authority;

(2) is likely to provide broadband access to a greater number of unserved consumers than would the foregone cable television line extension requirements;

(3) supports the expansion of broadband services at prices and service levels comparable to those commonly available throughout the State, but not less than the minimum technical service characteristics required by section 8077 of this title;

(4) provides a fair balancing of the benefits to the public compared to benefits realized by the company; and

(5) the modified line-extension obligations will not unreasonably affect the time at which customers to whom a company would otherwise be obligated to extend cable services will have access to broadband services.

(c) This section shall not apply to line extensions previously identified and planned for construction as of June 9, 2007.

(d) The Commission shall not require a company to overbuild another company, or provide cable television service to locations served by another company or to which another company is required to extend cable television service.

(e) Notwithstanding any other provision of this section, the Commission may require the construction of cable television line extensions when a company receives a bona fide request for service from a reasonable number of verified customers or with reasonable contributions in aid of construction from customers.

(f) Notwithstanding any other provision of this section, the line extension construction obligation for additional miles identified in Paragraph 41 of Comcast Communication's certificate of public good, granted by the Public Utility Commission, of September 27, 2006, may be modified only with the approval of the Commission.
30 V.S.A. § 7516 — VT Code / Title 30 / Chapter 88 / Section 7516
§ 7516. Connectivity Fund
Status: repealed

(a) There is created a Connectivity Fund for the purpose of providing support to the High-Cost Program established under section 7515 of this chapter and the Connectivity Initiative established under section 7515b of this chapter. The fiscal agent shall determine annually, on or before November 1, the amount of monies available to the Connectivity Fund. Such funds shall be apportioned as follows: 45 percent to the High-Cost Program and 55 percent to the Connectivity Initiative.

(b) [Repealed.]
30 V.S.A. § 3063 — VT Code / Title 30 / Chapter 82 / Section 3063
§ 3063. Term
Status: in_force

Unless replaced in the manner provided in section 3059 of this chapter, a representative on the governing board shall hold office until his or her successor is duly appointed. Any representative or alternate may be reappointed to successive terms without limit.
30 V.S.A. § 2910 — VT Code / Title 30 / Chapter 79 / Section 2910
§ 2910. Taking utility property by eminent domain
Status: in_force

If the utility shall have replied in the negative or if it shall have failed to reply within the time prescribed in section 2907 of this chapter, the municipality, in the event that it shall have passed the votes required in sections 2903 and 2904 of this chapter, may take such private plant and property by the exercise of the right of eminent domain, paying just compensation determined in the manner provided in section 2909 of this chapter, or, after the Commission upon proper notice and hearing has determined that it will promote the general good of the State to do so, may construct a municipal plant.
30 V.S.A. § 2903 — VT Code / Title 30 / Chapter 79 / Section 2903
§ 2903. Authorization by voters; cities
Status: in_force

(a) A city may acquire or construct a plant:

(1) when proposed by a three-fifths vote of its legislative body, subject to the veto power of the mayor under the provisions of its charter; or

(2) when proposed by a petition signed by 10 percent of the voters of the city; provided that

(3) within one year from the date of the affirmative vote of the legislative body or the date of submission of the petition, three-fifths of the voters present and voting by Australian ballot at a regular, duly warned annual city meeting approve the acquisition or construction of the plant.

(b) At least 20 days before the annual meeting, the legislative body shall hold a public hearing on the issue of acquisition or construction, giving notice of the public hearing in the same manner as it is given for the annual meeting. If the date of the affirmative vote of the legislative body or the date of submission of the petition too closely precedes the date of the annual meeting to permit the question to be duly warned at that meeting or to permit the duly warned public hearing before that meeting, the question may be decided at the next annual meeting without another proposal by the legislative body or by the voters. In case the voters of the city fail to approve the proposal submitted to them, no similar vote shall be taken until the next annual city meeting.
30 V.S.A. § 8093 — VT Code / Title 30 / Chapter 92 / Section 8093
§ 8093. Notification
Status: in_force

(a) For cases of gas transmission projects, and for projects involving electric transmission lines requiring approval pursuant to section 248 of this title, companies shall provide notice to the Vermont Telecommunications Authority at the same time that they provide notice pursuant to subdivision 248(a)(4)(C) of this title.

(b) In cases of projects involving electric transmission or distribution lines that do not require approval pursuant to section 248 of this title, and that are greater than 2,500 feet, companies under the jurisdiction of the Public Utility Commission shall notify the Vermont Telecommunications Authority of the project at least 90 days prior to planned commencement of construction for company-initiated projects, or as soon as possible for customer-initiated projects or projects required for urgent reasons of service quality or reliability.

(c) The notice shall include:

(1) the location of the project, including the town and a description of the route to be followed;

(2) the nature of the project;

(3) the date the project is planned to commence; and

(4) the contact person for the project and his or her contact information.

(d) For good cause shown by a company, the Public Utility Commission may shorten or eliminate the notice period required under this section.

(e) In the alternative to filing notice under subsection (b) of this section, a company may file with the Public Utility Commission, the Department of Public Service, and the Vermont Telecommunications Authority its capital plan or construction work plan, describing the location of linear projects that do not require approval pursuant to section 248 of this title, and in the case of a multiyear plan, the year in which a linear project is scheduled to commence. No construction called for under the capital plan or construction work plan shall commence until the plan has been on file for at least 90 days, unless the construction is required for customer-initiated projects or for urgent reasons of service quality or reliability.

(f) A company may specify in its statement of rates, terms, and conditions a deadline or procedure for requests to attach or add communications facilities to a project. Unless otherwise specified by the company in its statement of rates, terms, and conditions, a company shall provide a period for responses of not less than either 45 days after notice is provided, if the company provides notice pursuant to subsection (b) of this section, or 45 days before the planned construction commences, if the company provides notice pursuant to subsection (e) of this section. If a company does not receive a response by the deadline or according to the procedure established for responding to the notice required by this section, it may commence construction of a project prior to the end of the notice period required under subsection (b) or (e) of this section.
30 V.S.A. § 114 — VT Code / Title 30 / Chapter 3 / Section 114
§ 114. Copy of order; record
Status: in_force

When the Commission renders judgment, it shall send by registered mail to each of the parties in interest or their attorneys, within 30 days thereafter, a certified copy of such judgment. If the judgment is in favor of the petitioner, the Commission, in the same manner, shall send to such parties a certified copy of the findings which shall include a description of the property or right to be condemned. The petitioner shall cause a certified copy of the judgment and findings to be recorded in the clerk's office of the town or towns in which such property is located, within 30 days after such copies are received by him or her.
30 V.S.A. § 3056 — VT Code / Title 30 / Chapter 82 / Section 3056
§ 3056. Limitations; taxes; indebtedness
Status: in_force

(a) Notwithstanding any grant of authority in this chapter to the contrary, a district shall not accept funds generated by a member's taxing or assessment power.

(b) Notwithstanding any grant of authority in this chapter to the contrary, a district shall not have the power to levy, assess, apportion, or collect any tax upon property within the district, nor upon any of its members, without specific authorization of the General Assembly.

(c) Notwithstanding any grant of authority in this chapter to the contrary, every issue of a district's notes and bonds shall be payable only out of any revenues or monies of the district.
30 V.S.A. § 2921 — VT Code / Title 30 / Chapter 79 / Section 2921
§ 2921. Effect on special legislation
Status: repealed

All acts or parts of acts authorizing a particular municipality to construct or acquire or maintain or operate a municipal plant shall not be repealed by the provisions of this chapter.
30 V.S.A. § 2507 — VT Code / Title 30 / Chapter 71 / Section 2507
§ 2507. Poles
Status: in_force

A person or corporation owning or operating a line of wires in a city or village shall cause the poles upon which the wires are strung to be kept suitably painted, to the satisfaction of the aldermen of such city or the trustees of such village, if incorporated, and, if unincorporated, to the satisfaction of the Transportation Board or the selectboard of the town in which such village is situated, and shall substitute straight poles in place of crooked ones.
30 V.S.A. § 212 — VT Code / Title 30 / Chapter 5 / Section 212
§ 212. Niagara power project
Status: in_force

The Department of Public Service, in addition to the powers conferred upon it by section 211 of this title and notwithstanding any limitations on such authority imposed thereby or by any other law of this State, is hereby designated as the agent of the State of Vermont with full power to act for and represent the State in any negotiations, arrangements, or proceedings for the procurement of electrical energy from the Niagara power project authorized by Congress in Public Law 85-159 (16 U.S.C. § 836) and for which a license was issued to the power authority of the State of New York by the Federal Power Commission as Project 2216, with the right, with the approval of the Commission, to contract for the purchase of such power and resale thereof in accordance with the terms of said federal legislation with federal license. (1959, No. 326 (Adj. Sess.), eff. Jan. 29, 1960; amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1979, No. 204 (Adj. Sess.), § 26, eff. Feb. 1, 1981.)
30 V.S.A. § 2503 — VT Code / Title 30 / Chapter 71 / Section 2503
§ 2503. Location by Transportation Board or selectboard; notice
Status: in_force

When it is inconvenient or inexpedient to erect such wires, agreeably to section 2502 of this title, the Transportation Board, after soliciting the advice of the Agency of Transportation, or the selectboard of the town shall determine upon application where and in what manner such wires shall be erected, giving notice to parties interested or their agents, and shall certify their decision and cause the same to be recorded in the town clerk's office, and such decision shall be final.
30 V.S.A. § 5001 — VT Code / Title 30 / Chapter 84 / Section 5001
§ 5001. Definitions
Status: in_force

In this chapter, the following words and terms, unless the context clearly indicates a different meaning, shall have the following meaning:

(1) “Authority” means the Vermont Public Power Supply Authority created by this chapter.

(2) “Cooperative” means a corporation organized under, or otherwise subject to, chapter 81 of this title.

(3) “Legislative body” means the mayor and board of aldermen of a city, the selectboard of a town, and the trustees or light commissioners of a village.

(4) “Municipality” means any city, town, or village within the State of Vermont, which is authorized to and engaged in the manufacture, distribution, purchase, or sale of electricity in the State of Vermont.

(5) “Person” shall be as defined in section 3001 of this title.

(6) “Project” means any plant, works, system, facilities, and real and personal property of any nature or any interest in any of them, together with all parts of them and appurtenances to them, used or useful in the generation, production, transmission, purchase, sale, exchange, or interchange of electric energy, and together with any capacity or output from them.

(7) “Utility” means any public utility as defined in chapter 83 of this title.
30 V.S.A. § 2802 — VT Code / Title 30 / Chapter 77 / Section 2802
§ 2802. Sale and distribution; regulation
Status: in_force

A person, association, company, or corporation, its successors, grantees, lessees, trustees, or receivers by whatever court appointed, that generates electric energy within the State by means of water power, or transmits in this State electric energy generated from outside the State, and that, in the location, construction, or maintenance of its generating plant, including the acquiring of water rights, flowing or ponding rights, within the State or rights-of-way, or in the establishment or maintenance of its lines for transmission of electric energy, confiscates by the exercise of the right of eminent domain, either under the general law, or if a corporation, under the provisions of its charter or general law, or has by the provisions of its charter or general law power so to do, the property of any person or any right, title, interest, easement, or estate, or uses a public highway for carrying its transmission lines over or along the same or beneath the surface thereof, at all reasonable times when requested so to do, shall sell and furnish at a reasonable price so much or such an amount of such electric energy as the public convenience or necessity may require to any and all persons, companies, cooperatives, and corporations, municipal, public or private, in this State, desiring to use the same in the State for heating, lighting, or power purposes or for any other public use or purpose. Such sale and distribution shall be subject to such reasonable conditions and limitations in each case as the Public Utility Commission may prescribe upon petition brought and after due notice to all parties.
30 V.S.A. § 8090 — VT Code / Title 30 / Chapter 92 / Section 8090
§ 8090. Definitions
Status: in_force

For the purposes of this chapter:

(1) “Communications facilities” shall mean facilities that are used to send and receive audio, images, data, or other information via any electromagnetic media, including wires, cables, microwaves, radio waves, light waves, or any combination of these or similar media.

(2) “Communications service provider” shall mean the Vermont Telecommunications Authority, a company subject to the jurisdiction of the Public Utility Commission under subdivision 203(5) or section 502 of this title, or a broadband service provider who is considered to be an “attaching entity” pursuant to subsection 209(g) of this title.

(3) “Company” or “companies” shall mean an electric or gas utility subject to the jurisdiction of the Public Utility Commission.
30 V.S.A. § 7001 — VT Code / Title 30 / Chapter 86 / Section 7001
§ 7001. Definitions
Status: in_force

In this chapter:

(1) “Commission” means the Public Utility Commission under section 3 of this title.

(2) “Company” means any public utility, municipality, or person that supplies gas, electricity, hot water, steam, or telecommunications service and that maintains underground utility facilities, and any cable television company operating a cable television system as defined in section 501 of this title that maintains underground utility facilities.

(3) “Damage” includes the substantial weakening of structural or lateral support of an underground utility facility; penetration or destruction of any underground utility facility's protective coating, housing, or device; or the partial or complete severance of any underground utility facility.

(4) “Excavation activities” means any activities that will disturb the subsurface of the earth or could damage underground utility facilities and that may involve the removal of earth, rock, or other materials in the ground or the demolition of any structure by the discharge of explosives or the use of powered or mechanized equipment, including digging, trenching, blasting, boring, drilling, hammering, post driving, wrecking, razing, tunneling, or pavement or concrete slab removal within 100 feet of an underground utility facility. Excavation activities shall not include the tilling of the soil for agricultural purposes, routine home gardening with hand tools outside easement areas and public rights-of-way, activities relating to routine public highway maintenance, or the use of hand tools by a company, or the company's agent or a contractor working under the agent's direction, to locate or service the company's facilities, provided the company has a written damage prevention program.

(5) “Person” means any individual, trust, firm, joint stock company, corporation including a government corporation, partnership, association, state, municipality, commission, political subdivision of the State, or any interstate body.

(6) “Public agency” means the State or any political subdivision thereof, including any governmental agency.

(7) “Approximate location of underground utility facilities” means a strip of land extending not more than 18 inches on either side of the underground utility facilities.

(8) “System” means the public utility underground facility damage prevention system referred to in section 7002 of this title.

(9) “Underground utility facility” or “facility” means any pipe, conduit, wire, or cable located beneath the surface of the earth and maintained by a company, including the protective covering of the pipe, conduit, wire, or cable, as well as any manhole, vault, pedestal, or component maintained by a company.

(10) “Premark” means to identify the general scope of excavation activities using white paint, stakes, or other suitable white markings, in a manner that will enable the operators of the underground utility facilities to know the boundaries of the proposed excavation activities.

(11) “Powered or mechanized equipment” means equipment that is powered or energized by any motor, engine, or hydraulic or pneumatic device and that is used for excavation or demolition work.

(12) “Hand tools” means tools powered solely by human energy.

(13) “Verified” means the location and depth have been visually determined using careful and prudent excavating techniques such as hand digging, water excavation, or other safe means.

(14) “Damage prevention program” means a program established to ensure employees involved in excavation activities are aware of and utilize appropriate and safe excavating practices.
30 V.S.A. § 605 — VT Code / Title 30 / Chapter 14 / Section 605
§ 605. Contracts
Status: in_force

Contracts under section 604 of this chapter may be for a term or for an indefinite period; may provide for the sale or other disposition of byproducts of electric power facilities; and may contain provisions for arbitration, delegation, and other matters deemed necessary or desirable to carry out their purposes. Any party, public or private, desiring to purchase or use byproducts of electric power facilities financed, constructed, or operated under this chapter may enter into contracts for short or long terms. The obligation of the city, village, and town under contracts referred to in this section shall not be included in the debt of the city, village, and town for the purpose of ascertaining its borrowing capacity.
30 V.S.A. § 2510 — VT Code / Title 30 / Chapter 71 / Section 2510
§ 2510. Cemeteries
Status: in_force

The owner or operator of a line of wires shall maintain straight and painted poles upon which such wires are strung, whenever the same pass in front of or along a cemetery, to the satisfaction of the cemetery trustees, or the Transportation Board, or the selectboard of the town, aldermen of the city, or trustees of the village in which such cemetery is located if there are no trustees of such cemetery, and such operator or owner shall substitute straight poles in place of crooked ones. The provisions of sections 2508 and 2509 of this title as to notice, penalty, and procedure, shall apply to and be deemed a part of this section.
30 V.S.A. § 610 — VT Code / Title 30 / Chapter 14 / Section 610
§ 610. Bonding authority - Town of Rockingham
Status: in_force

(a) The Town of Rockingham, when authorized as provided in 24 V.S.A. chapter 53, may pledge its credit by issuing its negotiable orders, warrants, notes, or bonds for project costs, or its share of project costs, of electric power facilities authorized pursuant to subsection 604(d) of this title. Such project costs may include all costs, whether incurred prior to or after the issue of bonds or notes relating to the acquisition of facilities under this chapter, of acquisition, site development, construction, improvement, enlargement, reconstruction, alteration, machinery, equipment, furnishings, 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 title, the funding of notes issued for project costs, 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 24 V.S.A. chapter 53. The amount of obligations issued for such purpose shall not be considered in computing any debt limit applicable to the Town.

(c) The bonding authority of the Town of Rockingham set forth by this section shall be subject to the following:

(1) The Town of Rockingham shall not incur indebtedness in order to support the acquisition of the hydroelectric facility specified in subsection 604(d) of this title except in the form of bonds issued under 24 V.S.A. chapter 53, subchapter 2, payable solely from the net revenues from that hydroelectric facility, nor shall the Town have the authority to use the Vermont Municipal Bond Bank to assist with the Town's acquisition of that hydroelectric facility; provided, however, the foregoing limitations shall not restrict the Town from using whatever financing options, or combinations of financing options, otherwise legally available to it for purposes of acquiring, repairing, improving, or maintaining any other parts of a municipal plant as defined in chapter 79 of this title, or for purposes of repairing, improving, or maintaining the hydroelectric facility after the Town owns the hydroelectric facility.

(2) Revenue bonds issued for purposes of the Town's acquisition of the hydroelectric facility shall not be deemed to constitute a debt or liability or obligation of the Town, the State, or of any political subdivision of it, nor shall those revenue bonds be deemed to constitute a pledge of the faith and credit of the Town, the State, or of any political subdivision, but shall be payable solely from the revenues from the hydroelectric facility. Any revenue bond issued by the Town to support the Town's acquisition of the hydroelectric facility shall contain on its face a statement to the effect the Town shall not be obligated to pay the same nor the interest on it, except from the revenues or assets pledged for those purposes, and neither the faith and credit nor the taxing power of the Town, the State, or of any political subdivision of it is pledged to the payment of the principal of or the interest on such obligations.

(3) The State does hereby pledge to agree with the holders of the notes and bonds issued under this section that the State will not limit or restrict the rights hereby vested in the Town to perform its obligations and to fulfill the terms of any agreement made with the holders of its bonds or notes. Neither will the State in any way impair the rights and remedies of the holders until the notes and bonds, together with interest on them, and interest on any unpaid installments of interest, are fully met, paid, and discharged. The Town is authorized to execute this pledge and agreement of the State in any agreement with the holders of the notes or bonds.
30 V.S.A. § 208 — VT Code / Title 30 / Chapter 5 / Section 208
§ 208. Complaints; investigations; procedure
Status: in_force

A complaint to the Public Utility Commission may be made against a company subject to supervision under the provisions of this chapter concerning any claimed unlawful act or neglect adversely affecting the complainant, who may be a company or five or more individuals or, if less than five are so affected, then any one of them. The complainant may bring his or her complaint directly before the Commission or he or she may file his or her complaint with the Department of Public Service, which shall investigate such complaint and, if sufficient cause exists, shall prosecute the same in the name of the State. Upon request of the trustees of an incorporated village or the selectboard or city council or upon its own motion, the Department of Public Service may institute investigations regarding the price, toll, rate, or rental charged by any utility.
30 V.S.A. § 7502 — VT Code / Title 30 / Chapter 88 / Section 7502
§ 7502. Rulemaking
Status: in_force

(a) Consistent with the purposes of this chapter, the Department of Public Service may interpret the provisions of this chapter. Any person aggrieved by any such interpretation or policy may file with the Department of Public Service a petition for a declaratory ruling. Such a petition may include a request to determine whether newly created services, and other services not specifically mentioned by the definition of telecommunications service in this chapter, are telecommunications service. All services declared to be telecommunications service shall thereafter be subject to the charge imposed by subchapter 3 of this chapter.

(b) By rule or general order, the Department of Public Service may adopt procedures and standards to implement its responsibilities under this chapter. To the extent applicable, the Department of Public Service shall use the procedures and standards applicable to the setting of rates for regulated utilities. Those procedures may be designed to expedite the annual establishment of amounts to be collected and distributed by the fiscal agent.
30 V.S.A. § 203a — VT Code / Title 30 / Chapter 5 / Section 203a
§ 203a. Fuel Efficiency Fund
Status: repealed

(a) Fuel Efficiency Fund. There is established the Fuel Efficiency Fund to be administered by a fund administrator appointed by the Commission. Balances in the Fund shall be ratepayer funds, shall be used to support the activities authorized in this subsection, and shall be carried forward and remain in the Fund at the end of each fiscal year. These monies shall not be available to meet the general obligations of the State. Interest earned shall remain in the Fund. The Fund shall contain such sums as appropriated by the General Assembly or as otherwise provided by law, in addition to revenues from the sale of credits under the RGGI cap and trade program as provided for under section 255 of this title.

(b) Use of the Fund. The Fuel Efficiency Fund shall be used to support the delivery of energy efficiency services to Vermont heating and process fuel consumers and to carry out cost-effective efficiency measures and reductions in greenhouse gas emissions from those sectors. These energy efficiency services shall be delivered by the service provider or providers selected by the Department of Public Service under section 235 of this title to perform these functions.

(c) [Repealed.]

(d) Department costs. Up to five percent of amounts allocated to the Department of Public Service from the Fund may be used for administrative costs directly related to the Fuel Efficiency Fund.
30 V.S.A. § 3084 — VT Code / Title 30 / Chapter 82 / Section 3084
§ 3084. Confidentiality; legislative intent
Status: in_force

(a) The purpose of this section is to clarify that any records or information produced or acquired by a district that are trade secrets or confidential business information shall be exempt from public inspection and copying pursuant to 1 V.S.A. § 317(c)(9).

(b) For purposes of this section, “confidential business information” includes the operational records of any internet service provider under contract with a district for the construction of a broadband network or to provide broadband service, or both, as well as detailed information about the district's deployment plans if public disclosure could put the district at a competitive disadvantage. Business records of a district carry a presumption of confidentiality. The exemption and presumption specified in this section shall not, however, apply to district governance records and information.
30 V.S.A. § 2522 — VT Code / Title 30 / Chapter 71 / Section 2522
§ 2522. Transportation Board or selectboard's control; town's rights
Status: in_force

After the erection of such line, the posts and structures thereof within the highways shall be subject to the regulation and control of the Transportation Board or selectboard, which may at any time require alterations in the location or erection of such poles and structures and may order the removal thereof, having first given the parties notice and an opportunity to be heard. The town may attach wires for its own use to such posts and structures under such terms and conditions as it deems just.
30 V.S.A. § 251 — VT Code / Title 30 / Chapter 5 / Section 251
§ 251. Areas served by several companies
Status: in_force

(a) In any area that two or more companies distributing electrical energy are authorized to serve, a company shall not construct or extend its facilities, or furnish or offer to furnish its service to any person or property presently served by another public utility, without the written consent of the other public utility or unless the Public Utility Commission, after notice and hearing, finds and determines that the service rendered by the serving public utility is inadequate and is not likely to be made adequate.

(b) In the event service is requested for premises in an area that two or more companies distributing electrical energy are authorized to serve and have facilities available for service to the property, the public utility company the existing service facilities of which are nearest the metering point on the premises to be served shall, subject to the other applicable provisions of this section, be entitled to serve the premise.

(c) In the event that service is requested for premises not within the service territory of any company, and if more than one other public utility is available for service to the property, the public utility whose existing service facilities are nearest the metering point on the premises to be served shall, subject to the other applicable provisions of this section, be entitled to serve said premises.

(d) A company shall not construct or extend its facilities or furnish or offer to furnish its services to premises within the service territory of another company without being requested to do so by the company in whose territory the premises are located or unless the Public Utility Commission, upon petition of the person served or to be served, after notice and hearing, finds and determines that the service rendered by such public utility in whose territory and premises are located is inadequate and will not be likely to be made adequate.

(e) In resolving any dispute under subsections (b), (c), and (d) of this section, the Commission shall consider the factors set forth in section 249 of this title.
30 V.S.A. § 2917 — VT Code / Title 30 / Chapter 79 / Section 2917
§ 2917. Compensation
Status: in_force

The compensation of the commissioners shall be fixed by the legislative body of the municipality. They shall be sworn to the faithful discharge of their duties. They shall annually organize by choosing one of their number as chair of their board. They shall appoint a clerk who shall record the same in his or her records. The commissioners shall fix the compensation of all officers and agents appointed by them.
30 V.S.A. § 8016 — VT Code / Title 30 / Chapter 89 / Section 8016
§ 8016. ARRA energy monies
Status: in_force

The expenditure of each of the following shall be subject to the direction and approval of the Commissioner of Public Service, after consultation with the Clean Energy Development Board established under subdivision 8015(e)(4) of this title, and shall be made in accordance with subdivisions 8015(d)(1) (expenditures authorized), and (e)(7)(A) (reporting) and subsections 8015(f) (Fund manager), (h) (ARRA funds), and (i) (rules) of this title and applicable federal law and regulations:

(1) The amount of $21,999,000.00 in funds received by the State under the appropriation contained in the American Recovery and Reinvestment Act (ARRA) of 2009, Pub.L. No. 111-5, to the State Energy Program authorized under 42 U.S.C. § 6321 et seq.

(2) The amount of $9,593,500.00 received by the State under ARRA from the U.S. Department of Energy through the Energy Efficiency and Conservation Block Grant Program.
30 V.S.A. § 8128 — VT Code / Title 30 / Chapter 94 / Section 8128
§ 8128. Clean Heat Standard Technical Advisory Group
Status: in_force

(a) The Commission shall establish the Clean Heat Standard Technical Advisory Group (TAG) to assist the Commission in the ongoing management of the Clean Heat Standard. Its duties shall include:

(1) establishing and revising the lifecycle carbon dioxide equivalent (CO2e) emissions accounting methodology to be used to determine each obligated party's annual requirement pursuant to subdivision 8124(a)(2) of this chapter;

(2) establishing and revising the clean heat credit value for different clean heat measures;

(3) periodically assessing and reporting to the Commission on the sustainability of the production of clean heat measures by considering factors including greenhouse gas emissions; carbon sequestration and storage; human health impacts; land use changes; ecological and biodiversity impacts; groundwater and surface water impacts; air, water, and soil pollution; and impacts on food costs;

(4) setting the expected life length of clean heat measures for the purpose of calculating credit amounts;

(5) establishing credit values for each year over a clean heat measure's expected life, including adjustments to account for increasing interactions between clean heat measures over time so as to not double-count emission reductions;

(6) facilitating the program's coordination with other energy programs;

(7) calculating the impact of the cost of clean heat credits and the cost savings associated with delivered clean heat measures on per-unit heating fuel prices;

(8) calculating the savings associated with public health benefits due to clean heat measures;

(9) coordinating with the Agency of Natural Resources to ensure that greenhouse gas emissions reductions achieved in another sector through the implementation of the Clean Heat Standard are not double-counted in the Vermont Greenhouse Gas Emissions Inventory and Forecast;

(10) advising the Commission on the periodic assessment and revision requirement established in subdivision 8124(a)(3) of this chapter; and

(11) any other matters referred to the TAG by the Commission.

(b) The Clean Heat Standard Technical Advisory Group shall consist of up to 15 members appointed by the Commission. The Commission shall establish the procedure for the TAG, including member term lengths and meeting procedures. Members of the TAG shall be appointed by the Commission and shall include the Department of Public Service, the Agency of Natural Resources, the Department of Health, and parties who have, or whose representatives have, expertise in one or more of the following areas: technical and analytical expertise in measuring lifecycle greenhouse gas emissions, energy modeling and data analysis, clean heat measures and energy technologies, sustainability and non-greenhouse gas emissions strategies designed to reduce and avoid impacts to the environment, mitigating environmental burdens as defined in 3 V.S.A. § 6002, public health impacts of air quality and climate change, delivery of heating fuels, land use changes, deforestation and forest degradation, and climate change mitigation policy and law. The Commission shall accept and review motions to join the TAG from interested parties who have, or whose representatives have, expertise in one or more of the areas listed in this subsection. Members who are not otherwise compensated by their employer shall be entitled to per diem compensation and reimbursement for expenses under 32 V.S.A. § 1010.

(c) The Commission shall hire a third-party consultant responsible for developing clean heat measure characterizations and relevant assumptions, including CO2e lifecycle emissions analyses. The TAG shall provide input and feedback on the consultant's work. The Commission may use appropriated funds to hire the consultant.

(d) Emission analyses and associated assumptions developed by the consultant shall be reviewed and approved annually by the Commission. In reviewing the consultant's work, the Commission shall provide a public comment period on the work. The Commission may approve or adjust the consultant's work as it deems necessary based on its review and the public comments received.
30 V.S.A. § 2508 — VT Code / Title 30 / Chapter 71 / Section 2508
§ 2508. Penalty
Status: in_force

A person or corporation that neglects or refuses, after 20 days' notice in writing given by the Transportation Board, a selectboard member, alderman, or trustee, to paint such poles or substitute straight poles for crooked ones, as provided in section 2507 of this title, shall forfeit $100.00 to the State, town, city, or village, to be recovered in an action on this statute.
30 V.S.A. § 609 — VT Code / Title 30 / Chapter 14 / Section 609
§ 609. Village of Lyndonville
Status: in_force

(a) The Village of Lyndonville, when authorized as provided in 24 V.S.A. chapter 53, may pledge its credit by issuing its 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 title. The 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 title, the funding of notes issued for project costs as provided in this section, 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 24 V.S.A. chapter 53 and the charter of the Village of Lyndonville relating to said obligations. The amount of obligations issued for such purpose shall not be considered in computing any debt limit applicable to the Village.

(c) The May 3, 1977 vote of the voters of the Village of Lyndonville authorizing and empowering the Village of Lyndonville Board of Trustees to pledge the credit of the Village by issuing general obligation bonds or notes in an amount not to exceed $3,800,000.00 for the purpose of acquiring joint ownership interests in four power plants presently designated as the Connecticut 1979 Nuclear Unit, Pilgrim No. 2, and Wyman Unit No. 4 and MMWEC Phase I Intermediate Units and located in the states of Connecticut, Maine, and Massachusetts is hereby ratified, adopted, and validated in all respects. In addition, any action authorized and taken during the calendar year that commenced January 1, 1977 shall be valid and effective as if this chapter were in effect on January 1, 1977.
30 V.S.A. § 3001 — VT Code / Title 30 / Chapter 81 / Section 3001
§ 3001. Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires, the following words shall have the following meanings:

(1) “Cable television” means cable television system as defined in chapter 13 of this title.

(2) “Community development” means the economic and social development of communities through commercial and industrial development, creating job opportunities and training for rural residents, and providing better housing, health, educational, recreational, and other rural community facilities.

(3) “Cooperative” means a corporation organized under this chapter or that becomes subject to this chapter in the manner provided for in this chapter.

(4) “Energy” includes electrical, propane, natural gas, fossil fuels, and other forms of energy.

(5) “Interactive media” means communications media that is regularly used to transmit information in two directions.

(6) “Internet” means collectively the computer and telecommunications facilities, including equipment and operating software, that comprise the interconnected network of networks that employ the transmission control protocol/internet protocol, or any predecessor or successor protocols to such protocol, to communicate information of any kind, whether by wire or wireless means.

(7) “Internet access” means service connecting customers to the internet.

(8) “Person” means a natural person, firm, association, corporation, business trust, partnership, federal agency, state or political subdivision or agency thereof, or a body politic or other entity.

(9) “Telecommunications” means one or more of the following as defined in chapter 88 of this title:

(A) basic telecommunications service;

(B) private network;

(C) public switched network;

(D) telecommunications service;

(E) telecommunications service provider.
30 V.S.A. § 515 — VT Code / Title 30 / Chapter 13 / Section 515
§ 515. Acquisition of control of a company subject to the jurisdiction of the Public Utility Commission
Status: in_force

(a) No person, corporation, partnership, or unincorporated association shall acquire ownership of greater than 40 percent of the voting securities in a company as defined in subdivision 501(3) of this title subject to the supervision of the Public Utility Commission without the approval of the Commission after due notice and opportunity for hearing and a finding on its part that such acquisition will not be contrary to the public good.

(b) For the purposes of this section, voting security means any stock or security presently entitling the owner or holder to vote in the direction or management of the affairs of a company or any security issued under or pursuant to any trust, agreement, or arrangement where a trustee or trustees or agent or agents for the owner or holder of such a security are presently entitled to vote in the direction or management of the affairs of a company.

(c) A specified per centum of the outstanding voting securities of such company means such amount of outstanding voting securities of such company as entitles the holder or holders thereof to cast said specified per centum of the aggregate votes that the holders of all the outstanding voting securities of such company are entitled to cast in the direction or management of the affairs of such company.
30 V.S.A. § 34 — VT Code / Title 30 / Chapter 1 / Section 34
§ 34. Public education on propane tank safety
Status: in_force

The General Assembly finds that there is a need for a coordinated public safety message on the normal storage and handling of propane tanks and fuel oil tanks, and for the recovery of propane tanks and fuel oil tanks that are displaced by a natural disaster, such as flooding. The Department of Public Service, the Division of Fire Safety, and the Agency of Natural Resources shall cooperate with relevant municipal, professional, and industry organizations to develop a variety of educational materials for distribution to the public to provide information on any special treatment of propane tanks that might be required in the event of a natural disaster, such as flooding.
30 V.S.A. § 3029 — VT Code / Title 30 / Chapter 81 / Section 3029
§ 3029. Papers filed
Status: in_force

Articles of incorporation, amendment, consolidation, merger, conversion, or dissolution, when executed and acknowledged and accompanied by affidavits as may be required by applicable provisions of this chapter, shall be filed with the Secretary of State. If the Secretary of State finds that the articles presented conform to the requirements of this chapter, the Secretary shall, upon the payment of the fees as in this chapter provided, record the articles and upon the recording the incorporation, amendment, consolidation, merger, conversion, or dissolution provided for shall be in effect. The provisions of this section shall also apply to certificates of election to dissolve pursuant to section 3028 of this chapter.
30 V.S.A. § 8083 — VT Code / Title 30 / Chapter 91A / Section 8083
§ 8083. Vermont Community Broadband Fund
Status: in_force

(a) There is created a special fund in the State Treasury to be known as the “Vermont Community Broadband Fund.” Expenditures from the Fund shall be made only to implement and effectuate the policies, purposes, and programs established in this chapter. The Fund shall be composed of any monies from time to time appropriated to the Fund by the General Assembly, transferred to the Fund pursuant to subsection 7523(b) of this title, or received from any other source, private or public, subject to the provisions of 32 V.S.A. § 5. Unexpended balances and any earnings shall remain in the Fund for use in accord with the purposes of this chapter.

(b) Authorized expenditures from the Fund include:

(1) grants pursuant to the Broadband Preconstruction Grant Program established in section 8085 of this chapter;

(2) grants pursuant to the Broadband Construction Grant Program established in section 8086 of this chapter;

(3) funding for communications workforce training and development, in consultation with the Commissioner of Labor, to the extent such funds are not available from other funding sources;

(4) funding for a comprehensive, statewide fiber-optic engineering design as specified in subdivision 8084(a)(6)(I) of this chapter;

(5) administrative expenses of grant recipients in an amount determined by the Board, subject to applicable federal law and guidance; and

(6) upon approval by the General Assembly, up to $1,500,000.00 annually to fund the operational expenses of the Board and the Department to the extent the Department's expenses support the work of the Board.

(c) Expenditures from the Fund shall be authorized by the Board.
30 V.S.A. § 217 — VT Code / Title 30 / Chapter 5 / Section 217
§ 217. Department to prosecute
Status: in_force

The Department of Public Service, through the Director for Public Advocacy, shall represent the public at such hearing when the matters involved result directly from a proposed increase in rates, tolls, or charges, or the issuing of stock, bonds, notes, or other evidence of indebtedness for which the approval of the Commission is required by law. In any proceeding, the Commission may request the appearance of the Attorney General or appoint a member of the Vermont bar to represent the interests of the public or State.
30 V.S.A. § 224 — VT Code / Title 30 / Chapter 5 / Section 224
§ 224. Special authority to municipality, to be under supervision of Commission
Status: in_force

Any statute conferring authority upon municipalities to supervise or to make any order or regulation respecting any location, business, or company, subject to the provisions of this chapter, shall be construed as giving such municipalities jurisdiction without authority to alter or modify any order, judgment, decree, or regulation made by the Public Utility Commission.
30 V.S.A. § 208a — VT Code / Title 30 / Chapter 5 / Section 208a
§ 208a. Selection of telecommunications carrier
Status: in_force

(a) No provider of telecommunications services shall submit a change order for primary interexchange carrier or for local exchange carrier to any telecommunications company regarding a Vermont customer unless and until the submitting carrier has obtained express authorization from the customer for the change. Upon request of the customer, offers to provide telecommunications services shall be sent to the customer in written form describing the terms and conditions of service. As used in this section, “express authorization” means an express, affirmative act by the customer clearly agreeing to the change in primary interexchange carrier or local exchange carrier, in the form of:

(1) a written authorization;

(2) a customer initiated call to the submitting carrier;

(3) an oral authorization verified by an independent third party and the verification has been recorded;

(4) electronic authorization; or

(5) some other form of recorded authorization.

(b)(1) A petition alleging violation of this section may be brought to the Public Utility Commission by the customer, by the Department of Public Service, by the Attorney General, or by the customer's former carrier. If the Public Utility Commission determines after opportunity for hearing that a telecommunications carrier has submitted a change order and cannot demonstrate that it has complied with this section, and with rules adopted by the Commission, the Commission may:

(A) void any pending charges and require the submitting carrier to pay to the customer an amount equal to all charges previously paid by the customer to the submitting carrier and made possible by the change order, providing that the voiding and repayment shall apply only for a reasonable time after the customer discovered or should have discovered the change in carriers;

(B) require the submitting carrier to pay to the customer an amount of money to compensate for damages that arose because the change order altered the nature or quality of the customer's telecommunications services;

(C) require the submitting carrier to pay to the former carrier an amount equal to the revenues the former carrier would have received for providing equivalent services to the customer had the unauthorized switch not occurred;

(D) require the submitting carrier to pay to the customer's local exchange carrier an amount to compensate for any costs arising from changes caused by the invalid change order;

(E) require the submitting carrier to pay, to the petitioner, the costs of prosecuting the complaint before the Commission, including reasonable attorney's fees, witness fees, and incidental costs; and

(F) require the submitting carrier to pay a penalty as authorized by section 30 of this title.

(2) Payments and penalties under this section shall be in addition to those otherwise provided by law.

(c) The Public Utility Commission shall adopt such rules as are necessary to carry out the purposes of this section. Such rules shall be no less stringent than the federal rules relating to changes of carrier and shall include such further provisions as are needed to implement the provisions of this section.
30 V.S.A. § 2915 — VT Code / Title 30 / Chapter 79 / Section 2915
§ 2915. Commissioners
Status: in_force

For the more convenient management of any such municipal plant, any such municipality may vest the construction, management, control, and direction of the same in a board of commissioners to consist of three or more citizens of such municipality, such commissioners to have such powers and duties relating to the construction, management, control, and direction thereof as the municipality may prescribe. Their term of office shall be for three years and until their successors are elected and qualified. The first board of commissioners may be chosen for terms of one, two, and three years, respectively, by the legal voters of the municipality at the same meeting or election at which the provisions of this chapter are accepted, or at any special meeting or election thereafter called for that purpose, and their successors shall be elected thereafter in manner or form as the city or town may determine, provided that the term of service of the commissioners first elected shall be designated at the time of their election.
30 V.S.A. § 607 — VT Code / Title 30 / Chapter 14 / Section 607
§ 607. Consent to application of laws of other states
Status: in_force

(a) Legislative consent is hereby given to the application of the laws of other states with respect to taxation, payments in lieu of taxes, and the assessment thereof to the City of Burlington, the Village of Lyndonville, or the Town of Rockingham, to the extent that any such municipality acquires or has an interest in an electric power facility, real or personal, situated outside the State or to the extent it owns or operates electric power facilities outside the State pursuant to authority granted in this chapter.

(b) Legislative consent is hereby given to the application of regulatory and other laws of other states and of the United States to the City of Burlington, the Village of Lyndonville, or the Town of Rockingham to the extent it owns or operates electric power facilities outside the State pursuant to authority granted in this chapter.

(c) Any law, municipal bylaw, or ordinance governing contracts awarded by the City of Burlington or the Village of Lyndonville shall not be applicable by reason of the participation of the City of Burlington or the Village of Lyndonville in electric power facilities pursuant to the authority granted in this chapter wherever the City of Burlington or the Village of Lyndonville is not the lead participant.
30 V.S.A. § 33 — VT Code / Title 30 / Chapter 1 / Section 33
§ 33. Joint hearings and investigations
Status: in_force

The Commission shall have full authority to make joint investigations, hold joint hearings within or outside the State of Vermont, and issue joint or concurrent orders in conjunction or concurrence with any official, board, commission, or agency of any state or of the United States, whether, in the holding of such investigations or hearings or in the making of such orders, the Commission shall function under agreements or compacts between states or under the concurrent power of states to regulate interstate commerce, or as an agency of the federal government, or otherwise.
30 V.S.A. § 513 — VT Code / Title 30 / Chapter 13 / Section 513
§ 513. Municipal cable television systems
Status: in_force

(a) A municipality may establish de novo a cable television system in an area otherwise unserved after proceeding under section 512 of this title. A municipality may do so under this section without obtaining amendments to and General Assembly authorization of its municipal charter for that purpose. However, this section shall not be construed to affect or limit the authority of any municipality to establish and operate a cable television system under authority of a municipal charter or ordinance.

(b) A company established by a municipality under this section, shall obtain a certificate of public good for the construction or operation of a cable television system under this chapter.

(c) For the purpose of this section, a municipality shall mean any city, town, or village within this State.

(d) Prior to establishing a cable television system under this subsection, a municipality must first obtain authorization from its legislative body or voters in the manner prescribed for authorizing municipal electric plants under section 2903 or 2904 of this title.