3APPENDIX V.S.A. § 64 — VT Code / Title 3APPENDIX / Chapter 20 / Section 64
§ 20-64. Exec. Order No. 20-64 (Amended and Restated No. 03-23)[Declaration of State of Emergency, Guard Call-Out and Activation of Emergency Operations Plan for the State of Vermont in Response to Anticipated Storm-Relate]
Status: in_force

WHEREAS, on Sunday, July 9, 2023, the Governor issued Executive Order 03-23, Declaration of State of Emergency, Guard Call-Out and Activation of Emergency Operations Plan for the State of Vermont in Response to Anticipated Storm-Related Damage (“Emergency Declaration”), declaring a state of emergency for the State of Vermont in response to the July 2023 severe storm (“Flood of 2023”); and

WHEREAS, on July 10, 2023, the President declared that an emergency exists in the State of Vermont; and

WHEREAS, once it became clear flood damage and mudslides from a storm in the Killington area July 7, 2023, and excessive rain, flooding, water runoff, erosion and resulting damages statewide during the period July 9-11, 2023, were not going to be isolated incidents, but rather part of series of events which would continue throughout the coming week, with widespread flooding, repeated flash flooding, water runoff, erosion and mudslides due to inundated soils and slope instability, statewide, the Governor, in consultation with FEMA, requested a Presidential Declaration of a Major Disaster for the period July 7, 2023, and continuing; and

WHEREAS, on July 14, 2023, the President issued a Major Disaster Declaration based on flooding beginning on July 7, 2023, and continuing through July 21, 2023; and

WHEREAS, the scope and severity of the Flood of 2023 exceeded that of Hurricane Irene in 2011; and

WHEREAS, one year later, Vermont again faces the imminent likelihood of excessive rain combined with water runoff, flooding, erosion and resulting damages from July 10, 2024 - July 12, 2024 with the potential for widespread damage and posing a threat to property and public safety in Vermont; and

WHEREAS, I have determined it is necessary for the State of Vermont, through its various agencies and the Vermont National Guard to take steps to prepare for the anticipated July 2024 storm as well as continue the ongoing recovery work from the Flood of 2023.

NOW THEREFORE, pursuant to the authority vested in me as Governor of the State of Vermont and Commander-in-Chief, Vermont National Guard by the Constitution of the State of Vermont, Chapter II, Section 20, and pursuant to the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws and the Emergency Management Assistance Compact, 20 V.S.A. Ch. 4, I hereby declare a State of Emergency for the State of Vermont

IT IS HEREBY ORDERED:

1. The Director of the Division of Emergency Management (VEM) shall activate the Vermont State Emergency Operations Plan and coordinate statewide hazard mitigation, support response and recovery efforts to preserve public safety and property in Vermont.

2. In preparing for and responding to this State of Emergency, all agencies of the State shall use and employ State personnel, equipment and facilities or perform any and all activities consistent with the direction of the Department of Public Safety (DPS)/VEM in accordance with the State Emergency Management Plan

3. I hereby authorize and direct the Adjutant General to call into Active State Service, for the purpose of assisting and supporting the State of Vermont, in its efforts to respond to the conditions created or caused by this impending storm to conduct hazard mitigation, support response and recovery efforts to alleviate hardship and suffering of citizens and communities and preserve public safety and property of the State, any and all units of the National Guard of the State of Vermont as he, in consultation with DPS/VEM, may deem appropriate to carry out the purposes of this Order.

4. Relevant rules and permitting requirements shall be suspended to the extent necessary to respond to the conditions created or caused by this impending storm to conduct hazard mitigation, support response and recovery efforts to alleviate hardship and suffering of citizens and communities and preserve public safety and property of the State.

5. Pursuant to the powers granted to the Governor in 20 V.S.A. §§ 8, 9 and 11 and other provisions of law, I shall from time-to-time issue recommendations, directives and orders as circumstances may require.

This Executive Order shall take effect upon signing and shall continue in full force and effect until the Governor, in consultation with DPS/VEM, shall assess the emergency and determine whether to amend or rescind this Order.

Dated July 10, 2024.

ADDENDUM 1 TO AMENDED AND RESTATED EXECUTIVE ORDER NO. 03-23

[Declaration of State Emergency, Guard Call-Out and Activation of Emergency Operations Plan for the State of Vermont in Response to Anticipated Storm-Related Damage]

WHEREAS, one year after I issued Executive Order 03-23, Declaration of State of Emergency, Guard Call-Out and Activation of Emergency Operations Plan for the State of Vermont in Response to Anticipated Storm-Related Damage (“Emergency Declaration”), declaring a state of emergency for the State of Vermont in response to the July 2023 severe storm (“July 2023 Severe Storm”), Vermont again experienced excessive rain combined with water runoff, flooding, erosion and resulting damages July 10, 2024 into July 11, 2024 (“July 2024 Severe Storm”), which caused two known fatalities and widespread damage, and threatened property and public safety in Vermont; and

WHEREAS, I have determined it is necessary for the State of Vermont, through its various agencies and the Vermont National Guard to immediately address the aftermath of the July 2024 Severe Storm as well as continue the ongoing recovery work from the July 2023 Severe Storm).

NOW THEREFORE, pursuant to the authority vested in me as Governor of the State of Vermont and Commander-in-Chief, Vermont National Guard by the Constitution of the State of Vermont, Chapter II, Section 20, and pursuant to the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws and the Emergency Management Assistance Compact, 20 V.S.A. Ch. 4, I hereby declare a State of Emergency for the State of Vermont.

IT IS HEREBY ORDERED:

1. The Director of the Division of Emergency Management (VEM) shall activate the Vermont State Emergency Operations Plan and coordinate statewide hazard mitigation, support response and recovery efforts to preserve public safety and property in Vermont.

2. All agencies of the State shall use and employ State personnel, equipment and facilities or perform any and all activities consistent with the direction of the Department of Public Safety (DPS)/VEM in accordance with the State Emergency Management Plan and this Emergency Declaration, as amended and restated.

3. I hereby authorize and direct the Adjutant General to call into Active State Service, for the purpose of assisting and supporting the State of Vermont, in its efforts to respond to the conditions created or caused by the July 2023 and 2024 Severe Storms to conduct hazard mitigation, support response and recovery efforts to alleviate hardship and suffering of citizens and communities and preserve public safety and property of the State, any and all units of the National Guard of the State of Vermont as he, in consultation with DPS/VEM, may deem appropriate to carry out the purposes of this Emergency Declaration, as amended and restated.

4. Relevant rules and permitting requirements shall be suspended or modified as set forth in this Emergency Declaration, as amended and restated, to the extent necessary to respond to the conditions created or caused by the 2023 and 2024 Severe Storms to conduct hazard mitigation, support response and recovery efforts and address critical housing needs to alleviate hardship and suffering of citizens and communities and preserve public safety and property of the State.

PROFESSIONAL REGULATION

5. The Secretary of State is hereby directed to waive such rules and requirements as may be necessary to issue a temporary license to professionals who hold a valid license, certificate, or registration in any other U.S. jurisdiction needed to provide professional services to protect the public peace, health and safety and to preserve the lives and property of the people of the State in Vermont for the period of this Emergency Declaration, as amended and restated. These professionals must be licensed, certified, or registered in good standing in another U.S. jurisdiction or jurisdictions and not subject to any professional disciplinary proceedings in any other U.S. jurisdiction. This shall include professions requiring a Vermont firearms certification.

Profession types shall include, pharmacists, architects, engineers, foresters, land surveyors, pollution abatement facility operators, property inspectors, residential contractors, wastewater/water system designers, well drillers, security agencies, security guards and security employees, the firearm certification for security professionals and such other profession types regulated by the Office of Professional Regulation as the Director, in consultation with the Office of the Governor, may determine necessary to provide professional services in connection with this emergency until the termination of this Emergency Declaration, as amended and restated. The Office of Professional Regulation is hereby directed to issue instructions and guidance in furtherance of this Emergency Declaration, as amended and restated.

6. To relieve the immediate licensing renewal burden on essential professionals, I am hereby issuing an emergency rule in accordance with 20 V.S.A. § 8(b)(1) to extend the July 31, 2024 professional license renewal deadline, including the payment of licensing fees, late penalties, and continuing education requirements, for six (6) months for engineers, land surveyors and foresters licensed in Vermont as of July 1, 2024; provided, however, upon renewal, the licensing period for the engineers shall be August 1, 2024 through July 31, 2026 and the licensing period for land surveyors and foresters will be October 1, 2024 through September 30, 2026.

7. The Vermont Department of Public Safety, Division of Fire Safety is hereby directed to waive such rules and requirements as necessary to issue a temporary license, certification or registration to profession types equivalent to the Vermont Oil Heat Technicians, Vermont Propane Technicians, Vermont S-License Plumbers and Vermont S-License Electricians and such other profession types regulated by the Division of Fire Safety as the Director may determine necessary to provide professional services in connection with this emergency until the termination of this Emergency Declaration, as amended and restated. These professionals shall hold a valid license, certification or registration in good standing in another U.S. jurisdiction or jurisdictions and shall not be subject to any professional disciplinary proceedings in any other U.S. jurisdiction.

The Director of the Division of Fire Safety shall provide guidance on how licensed, certified, or registered professionals from other U.S. jurisdiction(s) can obtain the temporary emergency license, certification or registration.

8. The Electrical Licensing Board shall allow a licensed Journeyman Electrician working under the supervision of a Vermont licensed Master Electrician to work on a site without direct supervision throughout the period of this Emergency Declaration, as amended and restated. The Director of Fire Safety is hereby directed to issue instructions and guidance in furtherance of this Emergency Declaration, as amended and restated.

This Executive Order shall take effect upon signing and shall continue in full force and effect until the Governor, in consultation with DPS/VEM, shall assess the emergency and determine whether to amend or rescind this Order.

ENVIRONMENTAL REGULATORY RELIEF

9. In accordance with 20 V.S.A. §§ 8, 9 and 11, I hereby waive Act 250 Land Use Permit conditions on gravel pit and rock quarry extraction, asphalt plants and concrete plants, including operating hours, noise and blasting, crushing, limits on area, rate, depth, or volume of extraction, and related trucking to assure availability of material for the use of the State or towns, or contractors on behalf of the State or towns, for purposes of this Emergency Declaration, as amended and restated. The Natural Resources Board and its successor the Land Use Review Board (the “Board”) through the Chair, District Commissions and District Coordinators shall allow gravel pits and rock quarries, permitted and unpermitted, to be accessed consistent with this Emergency Declaration to assure availability of material for the use of the State or towns, or contractors on behalf of the State or towns, on demand as set forth in this Emergency Declaration.

a) Where there is gravel or rock fill needed for the July 2024 Severe Storm remediation or recovery that cannot reasonably be met from permitted sources, as determined in the sole discretion the Agency of Transportation, the Agency of Transportation shall implement this waiver without further action from the Board, District Coordinators or District Commissions.

b) The Board shall issue instructions and guidance for State and town contractors for the purpose of documenting the use of materials from gravel pits, quarries, asphalt plants, and concrete plants in accordance with this Emergency Declaration, as amended and restated.

c) This Emergency Declaration, as amended and restated, shall not be construed to waive any other applicable laws or other applicable existing Land Use Permit conditions relating to gravel pits and quarries, permitted and unpermitted and asphalt plant and concrete plant operations.

d) Upon the expiration of this Emergency Declaration, but not later than November 15, 2024, all gravel pits, rock quarries, asphalt plant and concrete plant operations must come into compliance with all applicable Act 250 permitting requirements, including permitted hours, extraction limits or other conditions. All operations, permitted and unpermitted, shall return to pre-emergency operations and conditions, including removal of any temporary infrastructure and reclamation of all operation areas utilized in accordance with this Emergency Declaration, as amended and restated, to standards prescribed by the Board, which may extend full reclamation based on seasonal considerations or for other good cause shown.

10. In order to meet the needs of the State, municipalities and property owners as they implement measures to protect health and safety and preserve lives and property of the people of the State, the Secretary of the Agency of Natural Resources (ANR) is hereby directed, effective July 10, 2024 through September 1, 2024 to:

a) Waive the production and fuel use limits for hot mix asphalt plants currently operating under an Air Pollution Control Permit to Operate and being used for emergency road repair. The Secretary of ANR will provide guidance on the implementation of this waiver and, in consultation with the Secretary of the Agency of Transportation (VTrans), the waiver of such other current limits as may be needed to facilitate the production of hot mix asphalt to be used for emergency road repair.

b) ANR shall waive the certification limits of the Coventry Landfill and transfer station operating hours to allow longer hours and weekend days. ANR shall also waive the daily tonnage limits to allow transfer stations to increase throughput without being limited by daily capacity limits.

c) ANR shall authorize transfer stations to 1) store flood debris and construction and demolition (C& D) waste outside of the tipping building (or the designated storage areas) without the need for a certification amendment or approval from the State; and 2) manage household hazardous wastes, whitegoods (with refrigerants) electronics, mercury containing bulbs, batteries, propane tanks and tires so long as these dangerous and hazardous wastes can be managed and stored safely.

11. In order to meet the needs of municipalities and property owners as they implement measures to protect health and safety and preserve and restore access to property, the Secretary of the Agency of Natural Resources (ANR) is hereby directed, effective July 10, 2024 through December 31, 2024 to:

a) Modify ANR's Stream Alteration Rules, §27-506 (Authorizations Under the General Permit) and §27-601 (Purpose; Application; Public Notice) by suspending the requirement that ANR provide notice of draft permit decisions and a public comment period for individual and general permit authorizations issued for the repair or replacement of infrastructure damaged by the flood, the timely repair or replacement of which is necessary to mitigate ongoing risk to public health and safety.

b) For those projects that are not eligible for authorization as emergency protective measures under §27-701 (Purpose and Applicability of Emergency Protective Measures) of the Stream Alteration Rules but are still necessary to repair or replace infrastructure damaged by the flood, the timely repair or replacement of which is necessary to mitigate ongoing risk to public health and safety, ANR shall not require public notice of draft permitting decisions, or a public comment period on draft decisions.

c) ANR shall post the final permit decisions to the Environmental Notice Bulletin.

12. In order to meet the needs of municipalities and property owners as they implement measures to protect health and safety, the Secretary of the Agency of Natural Resources (ANR) is hereby directed, effective July 10, 2024 through July 14, 2025 to:

a) Modify the notice requirements for dam safety orders required under 10 V.S.A. § 1085(1),10 V.S.A. § 7712, and 10 V.S.A. § 7714 by requiring a 10-day notice period instead of a 30-day notice period.

b) )ANR shall post the final permit decisions to the Environmental Notice Bulletin.

13. ANR shall allow all uses and activities in a Class I or Class II wetland and its buffer without a permit when required for:

a) emergency repair, cleanup, or maintenance of structures and facilities (including utility poles and lines, public transportation facilities, bulkheads, docks, piers, pilings, paved areas, houses, or other buildings), or emergency actions required to provide for public health, safety and welfare for disaster relief in connection with this Emergency Declaration, as amended and restated, and any associated federal Major Disaster Declaration;

b) the operation of existing hydroelectric facilities in accordance with all applicable requirements established by federal and state agencies which may involve dredging, draining and/or altering the flow of water into or out of a wetland; and

c) cleanup activities for spills of oil or hazardous materials, when performed in connection with damages occurring in connection with the July 2024 Severe Storm.

MOTOR VEHICLE REGULATION

14. Pursuant to 49 CFR § 390.23, motor carriers providing direct assistance to the emergency in Vermont are granted extended emergency relief from 49 CFR § 395.3 (maximum driving time for property-carrying vehicles) as set forth in this Emergency Declaration and guidance issued by the Commissioner of the Department of Motor Vehicles (DMV).

a) Direct assistance means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential services (such as water pump-outs, electricity, medical care, sewer, water, telecommunications, and telecommunication transmissions) or essential supplies (such as, food, fuel and gravel). It does not include transportation related to long-term rehabilitation of damaged physical infrastructure or routine commercial deliveries after the initial threat to life and property has passed.

b) This relief for motor carriers is effective as of July 10, 2024 and will expire on August 9, 2024 at midnight.

c) Upon termination of direct assistance to this emergency relief effort, no motor carrier shall permit or require any driver used by it to drive nor shall any such driver drive in commerce until the driver has met the requirements of Title 49 CFR 395.3(a), (b) and (c

The Commissioner of DMV is hereby directed to issue instructions and guidance in furtherance of applicable federal law and rule and this Emergency Declaration.

DEBRIS REMOVAL

15. Pursuant to my authority in 20 V.S.A. § 36, and notwithstanding any other provision of state law, I hereby direct the Agency of Transportation (VTrans), in coordination with the Department of Public Safety (DPS), the Chief Recovery Officer and ANR, to clear or remove debris and wreckage that may threaten public health or safety, or public or private property at the discretion of VTrans, as directed by the Secretary of VTrans. This directive shall be exercised when the affected local government, corporation, organization, or individual has unconditionally authorized the removal of debris and wreckage.

In the case of removal of debris or wreckage from private property, the owner shall first agree to indemnify the State government against any claim arising from the removal and VTrans may move the debris and wreckage to the public Right of Way to sort and remove it following the requirements municipalities must meet to be eligible for reimbursement from FEMA. VTrans shall carry out this directive until such time as it is determined by the Governor that removal of debris and wreckage from the July 2023 and 2024 Severe Storms is equitable from community to community and household to household; and removal of debris and wreckage is substantially complete.

16. Pursuant to the powers granted to the Governor in 20 V.S.A. §§ 8, 9 and 11 and other provisions of law, I shall from time-to-time issue recommendations, directives and orders as circumstances may require.

This First Addendum to the Amended and Restated Executive Order 03-23 shall take effect upon signing and shall continue in full force and effect until the Governor, in consultation with DPS/VEM, shall assess the emergency and determine whether to amend or rescind this Order.

Dated: July 13, 2024.

ADDENDUM 2 TO THE AMENDED AND RESTATED EXECUTIVE ORDER NO. 03-23

[Declaration of State of Emergency, Guard Call-Out and Continued Activation of Emergency Operations Plan for the State of Vermont in Response to Anticipated Storm-Related Damage]

WHEREAS, on Sunday, July 9, 2023, the Governor issued Executive Order 03-23, Declaration of State of Emergency, Guard Call-Out and Activation of Emergency Operations Plan for the State of Vermont in Response to Anticipated Storm-Related Damage (“Emergency Declaration”), declaring a state of emergency for the State of Vermont in response to the July 2023 severe storm (“Flood of 2023”); and

WHEREAS, on July 10, 2023, the President declared that an emergency exists in the State of Vermont; and

WHEREAS, once it became clear flood damage and mudslides from a storm in the Killington area July 7, 2023, and excessive rain, flooding, water runoff, erosion and resulting damages statewide during the period July 9-11, 2023, were not going to be isolated incidents, but rather part of series of events which would continue throughout the coming week, with widespread flooding, repeated flash flooding, water runoff, erosion and mudslides due to inundated soils and slope instability, statewide, the Governor, in consultation with FEMA, requested a Presidential Declaration of a Major Disaster for the period July 7, 2023, and continuing; and

WHEREAS, on July 14, 2023, the President issued a Major Disaster Declaration based on flooding beginning on July 7, 2023, and continuing through July 21, 2023; and

WHEREAS, the scope and severity of the Flood of 2023 exceeded that of Hurricane Irene in 2011; and

WHEREAS, exactly one year later, the remnants of Hurricane Beryl caused excessive rain combined with water runoff, flooding, erosion and widespread damages to property and public infrastructure in Vermont from July 10, 2024 to July 12, 2024, for which Vermont recently requested a Presidential Major Disaster Declaration; and

WHEREAS, July 30, 2024 Washington and Caledonia Counties experienced devastating flooding caused by excessive rainfall, with erosion, landslides and widespread damages to property and public infrastructure, for which Vermont is currently assessing damages with the intent of requesting another Presidential Major Disaster Declaration; and

WHEREAS, the remnants of Hurricane Debby now threaten Vermont with the imminent likelihood of excessive rain combined with water runoff, flooding, erosion, landslides and resulting damages beginning August 9, 2024 and ongoing, with the likelihood of new and exacerbated widespread damage, and posing new threats to property and public safety in Vermont; and

WHEREAS, I have determined it is necessary for the State of Vermont, through its various agencies and the Vermont National Guard, to continue to manage the ongoing recovery work from the Flood of 2023, continue to manage the existing 2024 flooding emergencies, as well as take steps to prepare for the anticipated August 2024 storm; and

WHEREAS, the ongoing nature of the July 2024 flooding has resulted in widespread debris and wreckage in waterways and on public and private property, which is beyond the capacity of many residents and communities to manage in a timely manner; and

WHEREAS, remaining debris and wreckage is widespread and threatens public health and safety, and the economic recovery of many rural communities and residents throughout Vermont; and

WHEREAS, the State must take action to not only remove, but ensure debris, including stumps, can be temporarily and permanently staged and disposed of.

NOW THEREFORE, pursuant to the authority vested in me as Governor of the State of Vermont and Commander-in-Chief, Vermont National Guard by the Constitution of the State of Vermont, Chapter II, Section 20, and pursuant to the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws and the Emergency Management Assistance Compact, 20 V.S.A. Ch. 4, I hereby declare a State of Emergency for the State of Vermont

IT IS HEREBY ORDERED:

1. The Director of the Division of Emergency Management (VEM) shall maintain the activation of the Vermont State Emergency Operations Plan and continue to coordinate statewide hazard mitigation, and support response and recovery efforts to preserve public safety and property in Vermont.

2. In preparing for and responding to this State of Emergency, all agencies of the State shall use and employ State personnel, equipment and facilities or perform any and all activities consistent with the direction of the Department of Public Safety (DPS)/VEM in accordance with the State Emergency Management Plan.

3. I hereby re-authorize and direct the Adjutant General to call into Active State Service, for the purpose of assisting and supporting the State of Vermont, in its efforts to respond to the conditions created or caused by this impending storm to conduct hazard mitigation, support response and recovery efforts to alleviate hardship and suffering of citizens and communities and preserve public safety and property of the State, any and all units of the National Guard of the State of Vermont as he, in consultation with DPS/VEM, may deem appropriate to carry out the purposes of this Order.

4. Relevant rules and permitting requirements shall be suspended to the extent necessary to respond to the conditions created or caused by this impending storm to conduct hazard mitigation, support response and recovery efforts to alleviate hardship and suffering of citizens and communities and preserve public safety and property of the State, including, but not limited to, those rules and permitting requirements specified in Addendum 1 to this Amended and Restated Executive Order No. 3-23, and as set forth herein

ENVIRONMENTAL REGULATORY RELIEF

5. In accordance with 20 V.S.A. §§ 8, 9 and 11, I hereby waive Act 250 Land Use Permit conditions on gravel pit and rock quarry extraction, asphalt plants and concrete plants, including operating hours, noise and blasting, crushing, limits on area, rate, depth, or volume of extraction, and related trucking to assure availability of material for the use of the State or towns, or contractors on behalf of the State or towns, for purposes of this Emergency Declaration, as amended and restated. The Natural Resources Board and its successor the Land Use Review Board (the “Board”) through the chair, district commissions and district coordinators shall allow gravel pits and rock quarries, permitted and unpermitted, to be accessed consistent with this Emergency Declaration to assure availability of material for the use of the State or towns, or contractors on behalf of the State or towns, on demand as set forth in this Emergency Declaration.

a) Where there is gravel or rock fill needed for 2024 Severe Storm remediation or recovery that cannot reasonably be met from permitted sources, as determined in the sole discretion of the Agency of Transportation, the Agency of Transportation shall implement this waiver without further action from the Board, district coordinators or district commissions.

b) The Board shall issue instructions and guidance for State and town contractors for the purpose of documenting the use of materials from gravel pits, quarries, asphalt plants, and concrete plants in accordance with this Emergency Declaration, as amended and restated.

c) This Emergency Declaration, as amended and restated, shall not be construed to waive any other applicable laws or other applicable existing Land Use Permit conditions relating to gravel pits and quarries, permitted and unpermitted and asphalt plant and concrete plant operations.

d) Upon the expiration of this Emergency Declaration, but not later than December 15, 2024, all gravel pits, rock quarries, asphalt plant and concrete plant operations must come into compliance with all applicable Act 250 permitting requirements, including permitted hours, extraction limits or other conditions. All operations, permitted and unpermitted, shall return to pre-emergency operations and conditions, including removal of any temporary infrastructure and reclamation of all operation areas utilized in accordance with this Emergency Declaration, as amended and restated, to standards prescribed by the Board, which may extend full reclamation based on seasonal considerations or for other good cause shown.

6. In order to meet the needs of the State, municipalities and property owners as they implement measures to protect health and safety and preserve lives and property of the people of the State, the secretary of the Agency of Natural Resources (ANR) is hereby directed, effective July 10, 2024 through October 1, 2024 to:

a) Waive the production and fuel use limits for hot mix asphalt plants currently operating under an Air Pollution Control Permit to Operate and being used for emergency road repair. The secretary of ANR will provide guidance on the implementation of this waiver and, in consultation with the secretary of the Agency of Transportation (AOT), the waiver of such other current limits as may be needed to facilitate the production of hot mix asphalt to be used for emergency road repair.

b) ANR shall waive the certification limits of the Coventry Landfill and transfer station operating hours to allow longer hours and weekend days. ANR shall also waive the daily tonnage limits to allow transfer stations to increase throughput without being limited by daily capacity limits.

c) ANR shall authorize transfer stations to 1) store flood debris and construction and demolition (C & D) waste outside of the tipping building (or the designated storage areas) without the need for a certification amendment or approval from the State; and 2) manage household hazardous wastes, whitegoods (with refrigerants) electronics, mercury containing bulbs, batteries, propane tanks and tires so long as these dangerous and hazardous wastes can be managed and stored safely.

d) ANR shall authorize the storage of flood debris, including stumps, in exhausted gravel pits and rock quarries and other areas designated by AoT and VEM in consultation with ANR, without the need for additional permitting or permit amendments.

7. In order to meet the needs of municipalities and property owners as they implement measures to protect health and safety and preserve and restore access to property, the secretary of ANR is hereby directed, effective July 10, 2024 through December 31, 2024 to:

a) Modify ANR's Stream Alteration Rules, § 27-506 (Authorizations Under the General Permit) and § 27-601 (Purpose; Application; Public Notice) by suspending the requirement that ANR provide notice of draft permit decisions and a public comment period for individual and general permit authorizations issued for the repair or replacement of infrastructure damaged by the flood, the timely repair or replacement of which is necessary to mitigate ongoing risk to public health and safety.

b) For those projects that are not eligible for authorization as emergency protective measures under § 27-701 (Purpose and Applicability of Emergency Protective Measures) of the Stream Alteration Rules but are still necessary to repair or replace infrastructure damaged by the flood, the timely repair or replacement of which is necessary to mitigate ongoing risk to public health and safety, ANR shall not require public notice of draft permitting decisions, or a public comment period on draft decisions.

c) ANR shall post the final permit decisions to the Environmental Notice Bulletin.

8. In order to meet the needs of municipalities and property owners as they implement measures to protect health and safety, the secretary of the Agency of Natural Resources (ANR) is hereby directed, effective July 10, 2024 through September 14, 2025 to:

a) Modify the notice requirements for dam safety orders required under 10 V.S.A. § 1085(1),10 V.S.A. § 7712, and 10 V.S.A. § 7714 by requiring a 10-day notice period instead of a 30-day notice period.

b) ANR shall post the final permit decisions to the Environmental Notice Bulletin.

9. ANR shall allow all uses and activities in a Class I or Class II wetland and its buffer without a permit when required for:

a) emergency repair, cleanup, or maintenance of structures and facilities (including utility poles and lines, public transportation facilities, bulkheads, docks, piers, pilings, paved areas, houses, or other buildings), or emergency actions required to provide for public health, safety and welfare for disaster relief in connection with this Emergency Declaration, as amended and restated, and any associated federal Major Disaster Declaration;

b) the operation of existing hydroelectric facilities in accordance with all applicable requirements established by federal and state agencies which may involve dredging, draining and/or altering the flow of water into or out of a wetland; and

c) cleanup activities for spills of oil or hazardous materials, when performed in connection with damages occurring in connection with the July and August 2024 Severe Storms.

ENVIRONMENTAL REGULATORY RELIEF

10. Pursuant to 49 CFR § 390.23, motor carriers providing direct assistance to the emergency in Vermont are granted extended emergency relief from 49 CFR § 395.3 (maximum driving time for property-carrying vehicles) as set forth in this Emergency Declaration and guidance issued by the Commissioner of the Department of Motor Vehicles (DMV).

a) Direct assistance means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential services (such as water pump-outs, electricity, medical care, sewer, water, telecommunications, and telecommunication transmissions) or essential supplies (such as food, fuel, and gravel). It does not include transportation related to long-term rehabilitation of damaged physical infrastructure or routine commercial deliveries after the initial threat to life and property has passed.

b) This relief for motor carriers is effective as of July 10, 2024, was originally set to expire August 9, 2024, but is now extended for another 30-day period through September 8, 2024 at midnight.

c) Upon termination of direct assistance to this emergency relief effort, no motor carrier shall permit or require any driver used by it to drive nor shall any such driver drive in commerce until the driver has met the requirements of Title 49 CFR 395.3(a), (b) and (c).

The Commissioner of DMV is hereby directed to issue instructions and guidance in furtherance of applicable federal law and rule and this Emergency Declaration, as amended and restated.

DEBRIS REMOVAL

11. Pursuant to my authority in 20 V.S.A. §§ 8, 9, 11 and 36, and notwithstanding any other provision of state law or rule, I hereby direct the Agency of Transportation (AOT), in coordination with the Department of Public Safety (DPS), the Chief Recovery Officer and ANR, to clear, remove and store or dispose of debris and wreckage that may threaten public health or safety, or public or private property at the discretion of AOT, as directed by the secretary of AOT. This directive shall be exercised when the affected local government, corporation, organization, or individual has unconditionally authorized the removal of debris and wreckage.

In the case of removal of debris or wreckage from private property, the owner shall first agree to indemnify the State government against any claim arising from the removal and AOT may move the debris and wreckage to the public Right of Way to sort and remove it following the requirements municipalities must meet to be eligible for reimbursement from FEMA. AOT shall carry out this directive until such time as it is determined by the Governor that removal of debris and wreckage from the July 2023 and July and August 2024 Severe Storms is equitable from community to community and household to household; and removal of debris and wreckage is substantially complete.

12. Pursuant to the powers granted to the Governor in 20 V.S.A. §§ 8, 9 and 11 and other provisions of law, I shall from time-to-time issue recommendations, directives and orders as circumstances may require.

This Second Addendum to the Amended and Restated Executive Order 03-23 shall take effect upon signing and shall continue in full force and effect until the Governor, in consultation with DPS/VEM, shall assess the emergency and determine whether to amend or rescind this Order.

Dated August 8, 2024.

ADDENDUM 3 TO AMENDED AND RESTATED EXECUTIVE ORDER NO. 03-23

[Housing Response to Storm-Related Damage]

WHEREAS, one year after I issued Executive Order 03-23, Declaration of State of Emergency, Guard Call-Out and Activation of Emergency Operations Plan for the State of Vermont in Response to Anticipated Storm-Related Damage (“Emergency Declaration”), declaring a state of emergency for the State of Vermont in response to the July 2023 severe storm (“July 2023 Severe Storm”), Vermont again experienced excessive rain combined with water runoff, flooding, erosion and resulting damages July 10, 2024 into July 11, 2024 and July 30, 2024 (“July 2024 Severe Storms”), which caused two known fatalities and widespread damage, and threatened property and public safety in Vermont; and

WHEREAS, following the July 2023 Severe Storm, 44 manufactured homes were condemned by the State, 16 properties were FEMA-designated “destroyed” properties and 3,168 households were approved for FEMA Housing Assistance; and

WHEREAS, following the July 10, 2024 Severe Storm, we know as of the morning of July 29, 2024, there were 2,407 residential damage reports to the State's emergency 2-1-1 call center, including 111 renters: 192 callers reported significant damage to the first floor of their homes, 154 callers reported their homes were uninhabitable, 149 callers needed assistance to remain in their homes, 238 reported damage to their foundations and an additional 109 reported damage to walls and roofs; and

WHEREAS, unfortunately, Vermont is now anticipating another major rain and flood event August 9 as Tropical Depression Debby approaches, and the Governor has requested a federal Emergency Declaration from the President in anticipation of this all-hazards event; and

WHEREAS, prior to the July 2023 and July 2024 Severe Storms, Vermont's statewide housing and homelessness crisis was widely recognized by Vermont's State, federal and local leaders as one of the biggest issues facing our State today, with many calling for additional action, including some declaring the housing crisis must be priority No. 1, and others calling for a Governor's Declaration of a State of Emergency; and

WHEREAS, there was demonstrated tri-partisan support for significant legislative changes to local zoning and state law and regulation to facilitate home building and housing unit generation throughout the 2023-2024 biennium; and

WHEREAS, the express purpose and policy underlying the State Emergency Management laws (Title 20, Chapter 1) recognize the “increasing possibility of the occurrence of disasters or emergencies of unprecedented size and destructiveness resulting from all-hazards” and anticipate the need to adequately prepare the State “to deal with such disasters or emergencies; to provide for the common defense; to protect the public peace, health, and safety; and to preserve the lives and property of the people of the State;” and

WHEREAS, over the last 15 years, Vermont has begun to experience rain and flooding events with unforeseen frequency and severity; and

WHEREAS, the Governor's emergency management duties and obligations require the preparation for and implementation of all emergency functions related to civilian protection and the prevention, planning, mitigation and support required for response and recovery efforts from all-hazards; and

WHEREAS, for the sake of clarity, “hazard mitigation” means any action taken to reduce or eliminate the threat to persons or property from all-hazards; and

WHEREAS, it is clear the July 2023 and July 2024 Severe Storms and inevitable future natural disasters have exacerbated and will continue to exacerbate Vermont's housing crisis; and

WHEREAS, Vermont finds itself in a situation where providing temporary housing for the victims of natural disasters is a futile mission in the face of the housing crisis; and

WHEREAS, meaningful action to provide temporary housing is not possible without meaningful action to facilitate prudent, environmentally responsible manufactured home placement and housing development; and

WHEREAS, I have determined it is necessary to prioritize the Governor's Mobile Home Unit Task Team Initiative to expedite the siting and placement of at least 100 manufactured home units in existing registered State manufactured home parks in Fiscal Year 2025.

NOW THEREFORE, pursuant to the authority vested in me as Governor of the State of Vermont and Commander-in-Chief, Vermont National Guard by the Constitution of the State of Vermont, Chapter II, Section 20, and pursuant to the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws.

IT IS HEREBY ORDERED:

1. Mobilization of State Housing Resources. In accordance with Title 20 V.S.A. § 8, the Governor has determined the need to utilize the services and facilities of the Agency of Commerce and Community Development (ACCD), the Agency of Transportation (AOT), the Department of Housing and Community Development (DHCD), the Vermont State Housing Authority (VSHA) and the Governor's Mobile Home Unit Task Team. ACCD, AOT, DHCD, VSHA and the Governor's Mobile Home Unit Task Team shall use and employ state personnel, equipment, and facilities to perform any and all activities consistent with the direction of the Office of the Governor and ACCD.

2. Act 250 Permit Requirements. The goal of the Governor's Mobile Home Unit Task Team Initiative is to site and place at least 100 manufactured home units on existing lots in existing registered State manufactured home parks in Fiscal Year 2025. The Natural Resources Board, and its successor the Land Use Review Board (the “Board”), through the Chair, District Commissions and District Coordinators shall deem the siting of one or more manufactured homes on existing lots in a manufactured home park, that was registered with the State on or before July 10, 2024, and which complies with conditions A-I in Section 3 below, does not constitute a “material change” or a “substantial change” for purposes of Act 250 permitting. Notwithstanding the foregoing, if a manufactured home park or pre-existing lot has an existing Act 250 permit, the manufactured home shall be in accordance with identified conditions.

3. Wastewater and Potable Water Supply Rule Suspension. Subject to certain conditions, the Agency of Natural Resources (ANR) currently grants Wastewater and Potable Water Supply permit exemptions for the reconstruction of a building or when i) its associated potable water supplies and waste water systems were substantially completed before January 1, 2007 and all improved and unimproved lots that were in existence before January 1, 2007 or ii) if it has an associated potable water supply or wastewater system which was permitted by the Secretary on or after January 1, 2007, and the building or structure has been voluntarily removed or destroyed by fire, flooding, or other force majeure. To qualify for the exemption, a building or structure reconstruction must occur within 4 years of its removal or destruction (“4- year lookback”). (See Rule 1-302 and Rule 1-303, Subchapter 3 of Chapter 1 of the ANR Environmental Protection Rules.)

The 4-year lookback in the ANR rules presents a significant hurdle for the siting and placement of manufactured home units on suitable existing vacant manufactured home lots. Therefore, in accordance with 20 V.S.A. §§ 8, 9 and 11, the Governor hereby temporarily modifies ANR Rule 1-302 and Rule 1-303 relating to Permit Exemption for Reconstruction and “Clean Slate” Permit Exemption and suspends the 4-year lookback (ANR Rule 1-302(a)(2)) solely for the purpose of facilitating the siting of new manufactured homes in connection with the Governor's Manufactured Home Unit Task Team Initiative, subject to the following:

a) The manufactured home park is in compliance with all conditions of permits issued under ANR Rules on or after January 1, 2007.

b) The replacement manufactured home connects to the existing water service line or water service pipe and existing sanitary sewer service line that were connected to the previously existing building or structure. For the sake of clarity, replacement of lines and pipes necessary for purposes of siting new manufactured home units shall be deemed minor replacements.

c) The manufactured home does not increase design flow or modify other operational requirements of the existing potable water supply or wastewater system.

d) The entire footprint of the manufactured home, except for that portion of the manufactured home that is a deck or porch, is constructed within 50 feet of any outside wall of the previously existing building or structure that is being replaced.

e) No other actions are taken or caused to be taken that under the ANR Environmental Protection Rules requires the issuance of a permit or permit amendment.

f) The manufactured home park was registered with DHCD as of July 10, 2024.

g) The manufactured home park is in compliance with those portions of the Vermont Environmental Protection Chapter 21 Water Supply Rule which codify federal public water supply requirements.

h) A licensed designer certifies that the existing portions of the potable water supply are not a failed supply, and the existing portions of the wastewater system are not a failed system.

i) The Governor's Manufactured Home Unit Task Team shall notify ANR of each new manufactured home unit placement.

For the sake of clarity, in the event a licensed designer is unable to certify that the existing portions of the potable water supply are not a failed supply and/or the existing portions of the wastewater system are not a failed system, on a site that otherwise complies with conditions A-I in this Section 3, the potable water supply shall be deemed a failed supply or the system shall be deemed a failed system and ANR shall grant a variance for a replacement system. The installation of a new manufactured home unit with 3 or fewer bedrooms at an existing registered manufactured home park lot with existing wastewater and water supply infrastructure, shall not constitute an increase in design flow for that lot.

The Governor's Manufactured Home Unit Task Team, in consultation with DHCD, ANR, VSHA and a licensed designer, shall conduct due diligence on the park and the lots specific to wastewater and potable water supply systems, as follows:

a) Complete the ANR Checklist for Mobile Home Park Task Force Initial Screening dated July 10, 2024.

b) Review ACCD and ANR records related to water and wastewater complaints.

c) Conduct an in-person site visit.

d) Interview with the applicable manufacture home park owners.

4. Governor's Manufactured Home Unit Task Team Purchasing Authority for Housing Deficit Mitigation. The Secretary of Administration is hereby directed to waive State purchasing rules and procedures as she may deem prudent and necessary for the purpose of expediting the acquisition of manufactured home units, including for the preparation or equipping of manufactured home unit sites, the payment of transportation charges and all other equipment, material or charges deemed necessary by the Governor's Manufactured Home Unit Task Team.

Further, the Department of Buildings and General Services, Office of Purchasing and Contracting is hereby directed to work with the Governor's Manufactured Home Unit Task Team to contract for and purchase materials, supplies, commodities, and equipment necessary for the repair, construction, and equipping of home units to ensure efficient execution of the Governor's Manufactured Home Unit Task Team Initiative.

5. Retroactivity Shield. State law, rules and permitting suspended in accordance with this Emergency Declaration, as amended and restated, shall not be enforced retroactively by State permitting and regulatory bodies; except that State regulatory bodies shall retain the authority to address any situations that result in failure of the wastewater system and/or the potable water supply as defined by the Wastewater System and Potable Water Supply Rules.

This Third Addendum to the Amended and Restated Executive Order 03-23 shall take effect upon signing and shall continue in full force and effect until the Governor, in consultation with DPS/VEM, shall assess the emergency and determine whether to amend or rescind this Order.

Dated August 9, 2024.

ADDENDUM 4 TO AMENDED AND RESTATED EXECUTIVE ORDER NO. 03-23

[Extended Environmental Regulatory Relief]

WHEREAS, on Sunday, July 9, 2023, the Governor issued Executive Order 03-23, Declaration of State of Emergency, Guard Call-Out and Activation of Emergency Operations Plan for the State of Vermont in Response to Anticipated Storm-Related Damage (“Emergency Declaration”), declaring a state of emergency for the State of Vermont in response to the July 2023 severe storm (“Flood of 2023”); and

WHEREAS, on July 10, 2023, the President declared that an emergency exists in the State of Vermont; and

WHEREAS, once it became clear flood damage and mudslides from a storm in the Killington area July 7, 2023, and excessive rain, flooding, water runoff, erosion and resulting damages statewide during the period July 9-11, 2023, were not going to be isolated incidents, but rather part of series of events which would continue throughout the coming week, with widespread flooding, repeated flash flooding, water runoff, erosion and mudslides due to inundated soils and slope instability, statewide, the Governor, in consultation with FEMA, requested a Presidential Declaration of a Major Disaster for the period July 7, 2023, and continuing; and

WHEREAS, on July 14, 2023, the President issued a Major Disaster Declaration based on flooding beginning on July 7, 2023, and continuing through July 21, 2023; and

WHEREAS, the scope and severity of the Flood of 2023 exceeded that of Hurricane Irene in 2011; and

WHEREAS, excessive rain combined with water runoff, flooding, erosion and widespread damages to property and public infrastructure and threats to public safety in Lamoille County occurred from June 22, 2024 to June 24, 2024, and on September 10, 2024, the President issued a Major Disaster Declaration; and

WHEREAS, exactly one year after the Flood of 2023, the remnants of Hurricane Beryl caused excessive rain combined with water runoff, flooding, erosion and widespread damages to property and public infrastructure and threats to public safety in Vermont from July 10, 2024 to July 12, 2024 for which the Governor Amended and Restated the Emergency Declaration to continue outstanding recovery work from the Flood of 2023 as well as initiate the emergency response required for this July Flooding; and

WHEREAS, July 30, 2024, Washington and Caledonia Counties experienced devastating flooding caused by excessive rainfall, with erosion, landslides and widespread damages to property and public safety; and

WHEREAS, on August 20, 2024, the President issued a Major Disaster Declaration based on severe storms, flooding, landslides and mudslides beginning on July 9, 2024 through July 11, 2024 and on September 26, 2024, the President issued a Major Disaster Declaration based on severe storms, flooding, landslides and mudslides beginning on July 29, 2024, and continuing through July 31, 2024; and

WHEREAS, I have determined it is necessary for the State of Vermont, through its various agencies and the Vermont National Guard to continue to manage the ongoing recovery work from the Flood of 2023 and continue to manage the existing 2024 severe storm and flooding emergencies; and

WHEREAS, in addition to ongoing regulatory relief, I have determined it is necessary to extend certain emergency regulatory relief to continue to assure the availability of material for the use by the State and towns for road repair and reconstruction as well as continued debris removal, staging and disposal efforts.

NOW THEREFORE, pursuant to the authority vested in me as Governor of the State of Vermont and Commander-in-Chief, Vermont National Guard by the Constitution of the State of Vermont, Chapter II, Section 20, and pursuant to the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws

IT IS HEREBY ORDERED:

1. In accordance with 20 V.S.A. §§ 8, 9 and 11, I hereby waive Act 250 Land Use Permit conditions on gravel pit and rock quarry extraction, asphalt plants and concrete plants, including operating hours, noise and blasting, crushing, limits on area, rate, depth, or volume of extraction, and related trucking to assure availability of material for the use of the State or towns, or contractors on behalf of the State or towns, for purposes of this Emergency Declaration, as amended and restated. The Natural Resources Board and its successor the Land Use Review Board (the “Board”) through the Chair, District Commissions and District Coordinators shall allow gravel pits and rock quarries, permitted and unpermitted, to be accessed consistent with this Emergency Declaration to assure availability of material for the use of the State or towns, or contractors on behalf of the State or towns, on demand as set forth in this Emergency Declaration.

• Where there is gravel or rock fill needed for 2024 Severe Storm remediation or recovery that cannot reasonably be met from permitted sources, as determined in the sole discretion of the Agency of Transportation, the Agency of Transportation shall implement this waiver without further action from the Board, District Coordinators or District Commissions.

• The Board shall issue instructions and guidance for State and town contractors for the purpose of documenting the use of materials from gravel pits, quarries, asphalt plants, and concrete plants in accordance with this Emergency Declaration, as amended and restated.

• This Emergency Declaration, as amended and restated, shall not be construed to waive any other applicable laws or other applicable existing Land Use Permit conditions relating to gravel pits and quarries, permitted and unpermitted and asphalt plant and concrete plant operations.

• Upon the expiration of this Emergency Declaration, but not later than December 31, 2024, all gravel pits, rock quarries, asphalt plant and concrete plant operations must come into compliance with all applicable Act 250 permitting requirements, including permitted hours, extraction limits or other conditions. All operations, permitted and unpermitted, shall return to pre-emergency operations and conditions, including removal of any temporary infrastructure and reclamation of all operation areas utilized in accordance with this Emergency Declaration, as amended and restated, to standards prescribed by the Board, which may extend full reclamation based on seasonal considerations or for other good cause shown.

2. In order to meet the needs of the State, municipalities and property owners as they implement measures to protect health and safety and preserve lives and property of the people of the State, the Secretary of the Agency of Natural Resources (ANR) is hereby directed, effective July 10, 2024 through December 31, 2024 to:

• Waive the production and fuel use limits for hot mix asphalt plants currently operating under an Air Pollution Control Permit to Operate and being used for emergency road repair. The Secretary of ANR will provide guidance on the implementation of this waiver and, in consultation with the Secretary of the Agency of Transportation (VTrans), the waiver of such other current limits as may be needed to facilitate the production of hot mix asphalt to be used for emergency road repair.

• ANR shall waive the certification limits of the Coventry Landfill and transfer station operating hours to allow longer hours and weekend days. ANR shall also waive the daily tonnage limits to allow transfer stations to increase throughput without being limited by daily capacity limits.

• ANR shall authorize transfer stations to 1) store flood debris and construction and demolition (C&D) waste outside of the tipping building (or the designated storage areas) without the need for a certification amendment or approval from the State; and 2) manage household hazardous wastes, whitegoods (with refrigerants) electronics, mercury containing bulbs, batteries, propane tanks and tires so long as these dangerous and hazardous wastes can be managed and stored safely.

• ANR shall authorize the storage of flood debris, including stumps, in exhausted gravel pits and rock quarries and other areas designated by AoT and VEM in consultation with ANR, without the need for additional permitting or permit amendments.

3. Pursuant to the powers granted to the Governor in 20 V.S.A. §§ 8, 9 and 11 and other provisions of law, I shall from time-to-time issue recommendations, directives and orders as circumstances may require.

This Fourth Addendum to the Amended and Restated Executive Order 03-23 shall take effect upon signing and shall continue in full force and effect until the Governor, in consultation with DPS/VEM, shall assess the emergency and determine whether to amend or rescind this Order.

Dated October 1, 2024.

ADDENDUM 5 TO AMENDED AND RESTATED EXECUTIVE ORDER NO. 03-23

[Extended Environmental Regulatory Relief]

WHEREAS, on Sunday, July 9, 2023, the Governor issued Executive Order 03-23, Declaration of State of Emergency, Guard Call-Out and Activation of Emergency Operations Plan for the State of Vermont in Response to Anticipated Storm-Related Damage (“Emergency Declaration”), declaring a state of emergency for the State of Vermont in response to the July 2023 severe storm (“Flood of 2023”); and

WHEREAS, on July 10, 2023, the President declared that an emergency exists in the State of Vermont; and

WHEREAS, once it became clear flood damage and mudslides from a storm in the Killington area July 7, 2023, and excessive rain, flooding, water runoff, erosion and resulting damages statewide during the period July 9-11, 2023, were not going to be isolated incidents, but rather part of series of events which would continue throughout the coming week, with widespread flooding, repeated flash flooding, water runoff, erosion and mudslides due to inundated soils and slope instability, statewide, the Governor, in consultation with FEMA, requested a Presidential Declaration of a Major Disaster for the period July 7, 2023, and continuing; and

WHEREAS, on July 14, 2023, the President issued a Major Disaster Declaration based on flooding beginning on July 7, 2023, and continuing through July 21, 2023; and

WHEREAS, the scope and severity of the Flood of 2023 exceeded that of Hurricane Irene in 2011; and

WHEREAS, excessive rain combined with water runoff, flooding, erosion and widespread damages to property and public infrastructure and threats to public safety in Lamoille County occurred from June 22, 2024 to June 24, 2024, and on September 10, 2024, the President issued a Major Disaster Declaration; and

WHEREAS, exactly one year after the Flood of 2023, the remnants of Hurricane Beryl caused excessive rain combined with water runoff, flooding, erosion and widespread damages to property and public infrastructure and threats to public safety in Vermont from July 10, 2024 to July 12, 2024 for which the Governor Amended and Restated the Emergency Declaration to continue outstanding recovery work from the Flood of 2023 as well as initiate the emergency response required for this July Flooding; and

WHEREAS, July 30, 2024, Washington and Caledonia Counties experienced devastating flooding caused by excessive rainfall, with erosion, landslides and widespread damages to property and public safety; and

WHEREAS, on August 20, 2024, the President issued a Major Disaster Declaration based on severe storms, flooding, landslides and mudslides beginning on July 9, 2024 through July 11, 2024 and on September 26, 2024, the President issued a Major Disaster Declaration based on severe storms, flooding, landslides and mudslides beginning on July 29, 2024, and continuing through July 31, 2024; and

WHEREAS, I have determined it is necessary for the State of Vermont, through its various agencies and the Vermont National Guard to continue to manage the ongoing recovery work from the Flood of 2023 and continue to manage the existing 2024 severe storm and flooding emergencies; and

WHEREAS, due to ongoing need, I have determined it is necessary to extend certain emergency regulatory relief to continue to assure the availability of material for the use by the State and towns for road repair and reconstruction as well as continued debris removal, staging and disposal efforts.

NOW THEREFORE, pursuant to the authority vested in me as Governor of the State of Vermont and Commander-in-Chief, Vermont National Guard by the Constitution of the State of Vermont, Chapter II, Section 20, and pursuant to the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws

IT IS HEREBY ORDERED:

1. In accordance with 20 V.S.A. §§ 8, 9 and 11, I hereby waive Act 250 Land Use Permit conditions on gravel pit and rock quarry extraction, asphalt plants and concrete plants, including operating hours, noise and blasting, crushing, limits on area, rate, depth, or volume of extraction, and related trucking to assure availability of material for the use of the State or towns, or contractors on behalf of the State or towns, for purposes of this Emergency Declaration, as amended and restated. The Natural Resources Board and its successor the Land Use Review Board (the “Board”) through the Chair, District Commissions and District Coordinators shall allow gravel pits and rock quarries, permitted and unpermitted, to be accessed consistent with this Emergency Declaration to assure availability of material for the use of the State or towns, or contractors on behalf of the State or towns, on demand as set forth in this Emergency Declaration.

• Where there is gravel or rock fill needed for 2024 Severe Storm remediation or recovery that cannot reasonably be met from permitted sources, as determined in the sole discretion of the Agency of Transportation, the Agency of Transportation shall implement this waiver without further action from the Board, District Coordinators or District Commissions.

• The Board shall issue instructions and guidance for State and town contractors for the purpose of documenting the use of materials from gravel pits, quarries, asphalt plants, and concrete plants in accordance with this Emergency Declaration, as amended and restated.

• This Emergency Declaration, as amended and restated, shall not be construed to waive any other applicable laws or other applicable existing Land Use Permit conditions relating to gravel pits and quarries, permitted and unpermitted and asphalt plant and concrete plant operations.

• Upon the expiration of this Emergency Declaration, all gravel pits, rock quarries, asphalt plant and concrete plant operations must come into compliance with all applicable Act 250 permitting requirements, including permitted hours, extraction limits or other conditions. All operations, permitted and unpermitted, shall return to pre-emergency operations and conditions, including removal of any temporary infrastructure and reclamation of all operation areas utilized in accordance with this Emergency Declaration, as amended and restated, to standards prescribed by the Board, which may extend full reclamation based on seasonal considerations or for other good cause shown.

2. In order to meet the needs of the State, municipalities and property owners as they implement measures to protect health and safety and preserve lives and property of the people of the State, the Secretary of the Agency of Natural Resources (ANR) is hereby directed, effective July 10, 2024 and through the expiration of this Emergency Declaration to:

• Waive the production and fuel use limits for hot mix asphalt plants currently operating under an Air Pollution Control Permit to Operate and being used for emergency road repair. The Secretary of ANR will provide guidance on the implementation of this waiver and, in consultation with the Secretary of the Agency of Transportation (VTrans), the waiver of such other current limits as may be needed to facilitate the production of hot mix asphalt to be used for emergency road repair.

• ANR shall waive the certification limits of the Coventry Landfill and transfer station operating hours to allow longer hours and weekend days. ANR shall also waive the daily tonnage limits to allow transfer stations to increase throughput without being limited by daily capacity limits.

• ANR shall authorize transfer stations to 1) store flood debris and construction and demolition (C&D) waste outside of the tipping building (or the designated storage areas) without the need for a certification amendment or approval from the State; and 2) manage household hazardous wastes, whitegoods (with refrigerants) electronics, mercury containing bulbs, batteries, propane tanks and tires so long as these dangerous and hazardous wastes can be managed and stored safely.

• ANR shall authorize the storage of flood debris, including stumps, in exhausted gravel pits and rock quarries and other areas designated by AoT and VEM in consultation with ANR, without the need for additional permitting or permit amendments.

3. Pursuant to the powers granted to the Governor in 20 V.S.A. §§ 8, 9 and 11 and other provisions of law, I shall from time-to-time issue recommendations, directives and orders as circumstances may require.

This Fifth Addendum to the Amended and Restated Executive Order 03-23 shall take effect upon signing and shall continue in full force and effect until the Governor, in consultation with DPS/VEM, shall assess the emergency and determine whether to amend or rescind this Order.

Dated December 31, 2024.
3 V.S.A. § 813 — VT Code / Title 3 / Chapter 25 / Section 813
§ 813. Ex parte consultations
Status: in_force

Unless required for the disposition of ex parte matters authorized by law, members or employees of any agency assigned to render a decision or to make findings of fact and conclusions of law in a contested case shall not communicate, directly or indirectly, in connection with any issue of fact, with any person or party, nor, in connection with any issue of law, with any party or his or her representative, except upon notice and opportunity for all parties to participate. An agency member:

(1) may communicate with other members or employees of the agency; and

(2) may have the aid and advice of one or more personal assistants.
3APPENDIX V.S.A. § 4 — VT Code / Title 3APPENDIX / Chapter 15 / Section 4
§ 15-4. Exec. Order No. 15-4 (No. 11-99) [Rescission of Executive Order No. 10-93]
Status: in_force

WHEREAS, the Council on Family Violence, created by Executive Order No. 10-93, has been superseded by a similar body.

NOW, THEREFORE, BE IT RESOLVED THAT I, Howard Dean, M.D., by virtue of the power vested in me as Governor of the State of Vermont, to hereby revoke and rescind Executive Order No. 10-93, dated August 11, 1993, and relating to the Council on Family Violence.

Dated December 8, 1999.
3 V.S.A. § 5022 — VT Code / Title 3 / Chapter 69 / Section 5022
§ 5022. Division of Artificial Intelligence
Status: in_force

(a) Creation. There is established the Division of Artificial Intelligence within the Agency of Digital Services to review all aspects of artificial intelligence systems developed, employed, or procured in State government. The Division shall be administered by the Director of Artificial Intelligence, who shall be appointed by the Secretary of Digital Services.

(b) Powers and duties. The Division shall review artificial intelligence systems developed, employed, or procured in State government, including the following:

(1) propose for adoption by the Agency of Digital Services a State code of ethics for artificial intelligence in State government, which shall be updated annually;

(2) make recommendations to the General Assembly on policies, laws, and regulations for artificial intelligence systems in State government; and

(3) review the automated decision systems inventory created by the Agency of Digital Services, including:

(A) whether any systems affect the constitutional or legal rights, duties, or privileges of any Vermont resident; and

(B) whether there are any potential liabilities or risks that the State of Vermont could incur from its implementation.

(c) Reports. Annually, on or before January 15 each year, the Division shall report to the House Committee on Government Operations and Military Affairs and the Senate Committees on Finance and on Government Operations on the following:

(1) the extent of the use of artificial intelligence systems by State government and any short- or long-term actions needed to optimize that usage or mitigate their risks;

(2) the impact of using artificial intelligence systems in State government on the liberty, finances, livelihood, and privacy interests of Vermont residents;

(3) any necessary policies to:

(A) protect the privacy and interests of Vermonters from any diminution caused by employment of artificial intelligence systems by State government;

(B) ensure that Vermonters are free from unfair discrimination caused or compounded by the employment of artificial intelligence in State government;

(C) address the use or prohibition of systems that have not been tested for bias or have been shown to contain bias; and

(D) address security and training on artificial intelligence systems; and

(4) any other information the Division deems appropriate based on its work.
3 V.S.A. § 632 — VT Code / Title 3 / Chapter 21 / Section 632
§ 632. Charge against department appropriations
Status: in_force

The Commissioner of Finance and Management is directed to charge back against the individual departmental appropriations in all funds the amount certified by voucher of the Commissioner of Human Resources to be necessary to pay the State's share of the employees' group life and group hospital-surgical medical insurance. In the case of retired employees, the State's share shall be paid from the respective Retirement Systems.
3 V.S.A. § 117 — VT Code / Title 3 / Chapter 5 / Section 117
§ 117. Vermont State Archives and Records Administration
Status: repealed

(a) As used in this chapter:

(1) “Records and information management” means the efficient and systematic control of the creation, receipt, maintenance, use, and disposition of public records, including the processes for capturing and maintaining evidence of, and information about, public agency business activities and transactions in the form of public records.

(2) “Archives” or “archival records” means public records that have continuing legal, administrative, or informational value.

(3) “Appraisal” means the identification, classification, and analysis of all public records, regardless of physical form or characteristics, to determine their value and ultimate disposition, based upon their legal, administrative, or informational value.

(4) “Public record” or “public document” has the same meaning as set forth in 1 V.S.A. § 317.

(5) “Public agency” has the same meaning as set forth in 1 V.S.A. § 317.

(6) “Record schedule” means a policy issued by the Vermont State Archives and Records Administration and approved by the State Archivist governing the life cycle management, retention, and disposition of public records.

(b) There is created within the Office of the Secretary of State the Vermont State Archives and Records Administration, which is charged with administering a Statewide Records and Information Management Program for all public agencies in accordance with generally accepted record-keeping principles and industry standards and best practices.

(c) Services of the Statewide Records and Information Management Program shall include:

(1) providing assistance to public agencies in establishing, maintaining, and implementing active and continuing internal records and information management programs for the effective management of records produced or acquired in the course of public agency business;

(2) ensuring that low-cost, secure repositories and systems for public records, regardless of format, are available at an enterprise or statewide level and managed and operated in a manner that supports compliance with generally accepted record-keeping principles, industry standards, best practices, the Public Records Act, this section, and, where applicable, section 218 of this title;

(3) developing, issuing, and maintaining statewide records and information management standards and information governance frameworks;

(4) performing formal appraisals of public records and issuing record schedules accordingly;

(5) operating a Records Center to hold inactive analog State public records in accordance with record schedules;

(6) accepting land records submitted on microfilm by municipal and county clerks for storage in the Records Center;

(7) taking legal custody of State archival records, regardless of format, in accordance with record schedules; and

(8) arranging, describing, and preserving archival records in accordance with archival principles and best practices, and promoting their use by government officials and the public.

(d) The State Archivist may appoint an advisory committee to provide assistance and support for the State Archives and Records Administration.

(e) The Secretary may adopt rules consistent with this section.

(f) There shall be the Director of the Vermont State Archives and Records Administration who shall have the title of “State Archivist,” who shall be qualified by education and professional experience to perform the duties of the position, and who shall simultaneously serve as Chief Records Officer. The State Archivist shall be a classified position within the Office of the Secretary of State.

(g) In fulfilling the duties as Director of the Vermont State Archives and Records Administration, the State Archivist shall:

(1) issue policies, standards, guidelines, and procedures necessary to carry out the provisions of this section;

(2) administer and maintain the Statewide Records and Information Management Program for the efficient and systematic control of public records;

(3) approve record schedules governing the life cycle management, retention, and disposition of public records;

(4) receive grants, gifts, aid, or assistance, of any kind, from any source, public or private, for the purpose of managing, preserving, or promoting public records; and

(5) serve as chair of the Vermont Historical Records Advisory Board pursuant to 36 C.F.R. part 1206 for the purposes of improving public access to, and engagement with, Vermont historical records and encouraging and facilitating collaborative efforts among Vermont historical records repositories.

(h) [Repealed.]

(i) [Repealed.]

(j) [Repealed.]

(k) There is hereby created the Public Records Special Fund. The Fund shall be administered as a special fund pursuant to 32 V.S.A. chapter 7, subchapter 5. The purpose of the Fund is to support improved management of public records by State agencies. The Fund shall consist of receipts from other government agencies for the provision of Records and Information Management Program services by the Vermont State Archives and Records Administration in the Office of the Secretary of State. The Fund shall be available to the Office of the Secretary of State and shall be expended for the purposes of activities authorized by subsection (c) of this section.
3APPENDIX V.S.A. § 3 — VT Code / Title 3APPENDIX / Chapter 22 / Section 3
§ 22-3. Exec. Order No. 22-3 (No. 97-90) [Governor's Advisory Commission on Native American Affairs]
Status: in_force

Revoked and rescinded by Executive Order No. 3-50 (codified as Executive Order 10-09), dated December 23, 2009.
3APPENDIX V.S.A. § 37 — VT Code / Title 3APPENDIX / Chapter 29 / Section 37
§ 29-37. Exec. Order No. 29-37 (No. 02-07) [Transfer of Certain Land and Rights in Orange from the Agency of Natural Resources to the Agency of Transportation]
Status: in_force

WHEREAS, certain state-owned land (the “Property”) located in the Town of Orange, County of Orange and State of Vermont, described more particularly below, presently is under the jurisdiction and control of the State of Vermont, Agency of Natural Resources, Department of Environmental Conservation; and

WHEREAS, the Agency of Natural Resources has determined the Property to be surplus to its needs; and

WHEREAS, the State of Vermont, Agency of Transportation desires to obtain jurisdiction and control of the Property for the purposes of replacing the existing maintenance buildings currently on the site.

NOW, THEREFORE, I, James H. Douglas, by virtue of the power vested in me as Governor of the State of Vermont, do hereby transfer and set over from the Agency of Natural Resources to the Agency of Transportation for the above purposes, jurisdiction and control of the following state-owned land:

Being part of the same land and premises conveyed to the State of Vermont by Leroy E. Nelson by his Warranty Deed dated May 25, 1936, which is recorded in the land records of the Town of Orange in Book 22 Page 99, having been received for record on June 5, 1936.

The Property herein transferred is a parcel of land containing 6.1 acres, more or less, and is bounded southerly by U.S Route 302 (AKA William Scott Memorial Highway); westerly by Town Highway No. 1 (AKA Reservoir Road); northerly and easterly by lands remaining under the jurisdiction and control of the Agency of Natural Resources, Department of Environmental Conservation. The herein transferred Property is more particularly described as follows:

Beginning at the point of intersection of the northerly right-of-way limit of U.S. Route 302 and the easterly right-of-way limit of Town Highway No. 1. Said point of intersection having a Vermont State Plane Grid coordinate (VSPG) of 602,371.03 feet North and 1,658,746.05 feet East.

Thence running in and along the easterly right-of-way limit of said Town Highway No 1 the following seven courses:

1. N 25° 36′ 08″ W - 238.61 feet to VSPG coordinate 602,586.21 feet North and 1,658,642.95 feet East, which point is 24.75 feet east of centerline PT Station 109+74.53;

2. 51.14 feet along a curve to the left with a delta of 4° 55' 36‘ and a radius of 594.75 feet to VSPG coordinate 602,631.32 feet North and 1,658,618.89 feet East, which point is 24.75 feet east of centerline PC Station 109+25.52;

3. N 30° 31′ 43″ W - 231.35 feet to VSPG coordinate 602,830.60 feet North and 1,658,501.37 feet East, which point is 24.75 feet east of PT Station 106+94.17;

4. 110.61 feet along a curve to the right with a delta of 11° 41′ 31″ and a radius of 547.75 feet to VSPG coordinate 602,930.89 feet North and 1,658,455.15 feet East, which point is 24.75 feet east of centerline PC Station 105+77.33;

5. N 18° 50′ 12″ W — 83.44 feet to VSPG coordinate 603,009.86 feet North and 1,658,428.21 feet East, which point is 24.75 feet east of PT Station 104+95.07;

6. 393.54 feet along a curve to the right with a delta of 52° 00′ 00″ and a radius of 432.62 feet to VSPG coordinate 603,387.06 feet North and 1,658,475.62 feet East, which point is 24.75 feet east of centerline PC Station 100+79.06;

7. N 33° 09′ 48″ E — 79.98 feet to VSPG coordinate 603,454.02 feet North and 1,658,519.37 feet East, which point is 24.75 feet east of POT Station 100+00.00, and is the northwest corner of the parcel herein transferred. Said point is to be marked by an Iron Pin to be set.

Thence turning and running along land remaining under the jurisdiction and control of the Agency of Natural Resources, Department of Environmental Conservation, the following four courses:

1. S 58° 57′ 26″ E — 271.47 feet to VSPG coordinate 603,314.02 feet North and 1,658,751.96 feet East, which point is to be marked by an Iron Pin to be set;

2. S 11° 03′ 55″ W — 63.44 feet to VSPG coordinate 603,251.77 feet North and 1,658,739.79 feet East, which point is to be marked by an Iron Pin to be set;

3. S 70° 59′ 49″ E — 50.00 feet along a fence to VSPG coordinate 603,314.02 feet North and 1,658,751.96 feet East, which point is to be marked by an Iron Pin to be set;

4. S 00° 49′ 24″ E — 888.87 feet to VSPG coordinate 602,346.93 feet North and 1,658,799.80 feet East, which point is to be marked by an Iron Pin to be set in the northerly right-of-way limit of the aforementioned U.S. Route 302.

Thence turning and running along in the northerly right-of-way limit of said U.S. Route 302, N 65° 48′ 36″ W — 71.18 feet to the point of beginning.

Also transferred to the jurisdiction and control of the Agency of Transportation are any rights the Agency of Natural Resources, Department of Environmental Conservation, may have in and to those lands located between the existing centerlines of U.S. Route 302 and Town Highway No. 1, and the parcel herein described and transferred.

In addition to the above described land, also transferred hereby is the right to enforce the conditions and restrictions contained in a certain Quitclaim Deed from the State of Vermont to the Town of Orange dated July 13, 2005 and recorded in Book 45 at Page 327 of the Orange Land Records.

In aid of the above description, reference may be had to a survey entitled, in part, as follows:

STATE OF VERMONT AGENCY OF TRANSPORTATION ORANGE GARAGE Scale: 1″ = 50′ Date: 8/24/06

A copy of this survey is on file in the property records of the Agency of Transportation, located in Montpelier, Vermont.

The herein described parcel of land is transferred subject to all existing licenses, leases, and easements, including, but not limited to, the present agricultural use of a portion of the herein transferred parcel.

The remaining portion of the former Leroy E. Nelson property shall remain under the jurisdiction and control of the Agency of Natural Resources.

This Executive Order shall take effect upon execution.

Dated March 28, 2007.
3APPENDIX V.S.A. § 53 — VT Code / Title 3APPENDIX / Chapter 20 / Section 53
§ 20-53. Exec. Order No. 20-53 (No. 16-17) [Activation of Vermont National Guard to Assist with Hurricane Irma]
Status: in_force

As of September 11, 2017, the President of the United States had signed a Major Disaster Declaration for the State of Florida and Emergency Declarations for the States of Alabama, Georgia and South Carolina, the United States Territories of Puerto Rico and the Virgin Islands and the Seminole Tribe of Florida and the Governor of the State of North Carolina declared a State of Emergency, all as a result of extremely high winds, excessive rain and flooding from Hurricane Irma and related storms, and the devastating impacts and widespread damage which was anticipated and which in fact occurred. The States, Territories and Tribes affected by Hurricane Irma are responding to property damage and the human toll taken by the storm.

Accordingly, pursuant to the authority vested in me as Governor of the State of Vermont and Commander-in-Chief, Vermont National Guard, by the Constitution of the State of Vermont, Chapter II, Section 20, and by Title 20, Chapter 4 of Vermont Statutes Annotated, and pursuant to requests from the Governors of affected States and Territories in accordance with the Emergency Management Assistance Compact, I hereby authorize and direct the Adjutant General to call into Active State Service, for the purpose of assisting and supporting the requesting States and Territories in their efforts to respond to the conditions created or caused by Hurricane Irma and associated storms in order to alleviate hardship and suffering of citizens and communities and in order to preserve the lives and property of the requesting States and Territories, any and all units of the National Guard of the State of Vermont as he may deem appropriate to carry out the purposes of this Order, to serve for an indefinite period and until relieved by proper authority.

This Order shall take effect upon signing and shall amend and restate Executive Order 16-17 originally issued September 8, 2017, and ratify all deployments made since the original issuance of this Executive Order.

Dated September 13, 2017.
3APPENDIX V.S.A. § 55 — VT Code / Title 3APPENDIX / Chapter 3 / Section 55
§ 3-55. Exec. Order No. 3-55 (No. 04-12) [Protection of Vermont State Hospital Employees Subject to a Reduction in Force Due to Tropical Storm Irene]
Status: in_force

WHEREAS, the Department of Human Resources has provided official notice to the Vermont State Employees Association (“VSEA”) and affected employees that 80 state employees who worked at the Vermont State Hospital (“VSH”) in Waterbury will be separated from state service effective April 13, 2012;

WHEREAS, the Secretary of Administration and the Department of Human Resources have worked with the VSEA over the last few months to mitigate the impact of the reduction in force; and

WHEREAS, The Governor, the House, and the Senate have all worked diligently to support and protect these employees and will work to provide as many opportunities for state employment as is mutually possible.

NOW THEREFORE BE IT RESOLVED THAT I, Peter Shumlin, by virtue of the power vested in me as Governor, do hereby establish and order as follows:

I. Mitigation of the impact of the reduction in force to affected employees

A. The Job Offer Program: The Department of Human Resources and VSEA negotiated a pre-RIF jobs program that permits Vermont State Hospital employees to receive mandatory offers of employment to other positions in the Agency of Human Services prior to any actual reduction in force (the Job Offer Program). As part of the Job Offer Program, the Department of Human Resources hosted several informational meetings and a day-long event where employees could meet with recruitment counselors to get additional information about the program and the potential jobs available. (To date, 41 employees elected to participate in the program and 11 found new employment in the Agency of Human Services.)

B. Reemployment Rights, Benefits, and Trainings for Vermont State Hospital Employees Subject to the Reduction in Force:

a. The Department of Human Resources will hold a number of meetings at which information concerning reemployment rights, retirement options, benefits continuation, the employees' assistance program, unemployment insurance and job training opportunities will be addressed. The Department of Human Resources will hold job fair meetings for impacted employees to provide information about existing job openings and assist employees with applying for these jobs.

b. The Vermont Department of Labor will assist the Department of Human Resources by identifying available federal and state training funds and grant opportunities to assist with skill assessment, job retraining, job development, on-the-job and apprenticeship programs, and other reemployment assistance to the affected employees.

c. The Departments of Human Resources and Labor will coordinate to hold job fair meetings for impacted employees to provide information about existing job openings and assist employees with applying for those jobs.

d. The Administration is committed to working diligently with the VSEA to place VSH employees subject to the RIF in jobs within state government in accordance with the terms of the applicable collective bargaining agreements.

C. Mandatory Job Offers to Employees Who Continue to Work for State Government: The Department of Human Resources also worked with the VSEA to address the rights that Vermont State Hospital employees may have for reemployment at any successor State Hospital. The Department and VSEA negotiated language that is included in H.630 to give any VSH employee subject to the RIF, but later rehired by state government, the opportunity to return to their prior job when the new state hospital opens, subject to seniority and other contract rights and obligations.

D. Mandatory Job Offers to Employees Who Leave State Government and Wish to Return: In addition, for displaced employees who take jobs outside state government, the proposed language extends reemployment rights under the collective bargaining agreements until one year after the opening of the successor facility. In this way, VSH employees who are no longer employed by state government will have reemployment possibilities at any successor hospital.

E. Posting of Job Openings: The Department of Human Resources shall post all open positions that involve providing care to individuals with mental health conditions that are provided to the Department by participating hospitals developing inpatient, secure residential, and intensive residential recovery services.

II. Effective Date

This Order shall take effect upon signing.

Dated February 29, 2012.
3 V.S.A. § 471 — VT Code / Title 3 / Chapter 16 / Section 471
§ 471. Retirement Board; Medical Board; actuary; rates of contribution; safekeeping of securities
Status: in_force

(a) The general administration and responsibility for the proper operation of the Retirement System and for making effective the provisions of this subchapter are hereby vested in a board of eight trustees, known as the Retirement Board. The Board shall consist of the Governor or his or her designated representative, the State Treasurer, the Commissioner of Human Resources, the Commissioner of Finance and Management, three members of the Vermont State Employees' Association who are members of the System, each to be chosen by such Association in accordance with its articles of association and bylaws or policies for a term of two years, and one retired State employee who is a beneficiary of the System, to be elected by the Vermont Retired State Employees' Association for a term of two years. If a vacancy occurs in the office of a chosen member, the vacancy shall be filled for the unexpired term in accordance with the articles of association and bylaws or policies of the association affected by the vacancy. In the absence of a member of the State Employees' Association or the Retired State Employees' Association, the respective association may designate a person who is a member of the Association to attend a meeting or meetings of the Retirement Board in place of the absent member. A person so designated shall have the same voting rights and responsibilities as the absent member he or she is representing at such meeting or meetings, except that the person shall not automatically assume the trustee's place as an officer of the Board.

(b) The trustees as such shall serve without compensation, but they shall be reimbursed from the funds of the Retirement System for all necessary expenses that they may incur through service on the Retirement Board.

(c) Each trustee shall be entitled to one vote in the Retirement Board. Five trustees shall constitute a quorum for the transaction of any business. A majority vote of those present and voting shall be necessary for any resolution or action by the Retirement Board at any meeting of the Board. All trustees shall be notified of any meeting of the Board. The State Treasurer, the Commissioner of Finance and Management, and the Commissioner of Human Resources each may designate in writing a person within the trustee's office or department to attend a meeting or meetings of the Retirement Board in the Treasurer's or the Commissioner's place. The designation shall be filed with the Secretary of the Board. A person so designated shall have the same voting rights and responsibilities as the ex officio trustee at such meeting or meetings except that the designee shall not automatically assume the trustee's place as an officer of the Board.

(d) Subject to the limitations of this subchapter, the Retirement Board shall, from time to time, adopt rules for the administration of the Fund of the Retirement System and for the transaction of its business.

(e) The Retirement Board shall elect from its membership a chair and shall appoint a secretary who may be, but need not be, one of the trustees. It shall engage such medical, actuarial, and other services as shall be required to transact the business of the Retirement System. The compensation of all persons engaged by the Retirement Board, and all other expenses of the Board necessary for the operation of the Retirement System, shall be paid at such rates and in such amounts as the Board shall approve.

(f) The Retirement Board shall keep in convenient form such data as shall be necessary for actuarial valuation of the fund of the Retirement System, and for checking the experience of the System.

(g) The Retirement Board shall keep a record of all its proceedings, which shall be open to public inspection. It shall publish annually and distribute to the General Assembly a report showing the fiscal transactions of the Retirement System for the preceding fiscal year, the amount of the accumulated cash and securities of the System, and the last balance sheet showing the financial condition of the Retirement System by means of an actuarial valuation of the assets and liabilities of the System. 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.

(h) The Attorney General of the State shall be legal advisor to the Retirement Board.

(i) The Retirement Board shall designate a Medical Board to be composed of three physicians not eligible to participate in the Retirement System. If required, other physicians may be employed to report on special cases. The Medical Board shall arrange for and pass upon all medical examinations required under the provisions of this subchapter, shall investigate all essential medical statements and certificates by or on behalf of a member in connection with a claim of disability or accidental and occupationally-related death, and shall report in writing to the Retirement Board of its conclusions and recommendations upon all such matters.

(j) The Retirement Board shall designate an actuary who shall be the technical advisor of the Board on matters regarding the operation of the Fund of the Retirement System, and shall perform such other duties as are required in connection therewith. Immediately after the establishment of the Retirement System, the Retirement Board shall adopt for the Retirement System such mortality and service tables as shall be deemed necessary and shall certify the rates of contribution payable under the provisions of this subchapter. Beginning July 1, 2023, at least once every three fiscal years following the establishment of the System, the actuary shall make an actuarial investigation into the mortality, service, and compensation experience of the members and beneficiaries of the Retirement System, and taking into account the results of such investigation, the Retirement Board shall adopt for the Retirement System such mortality, service, and other tables as shall be deemed necessary and shall certify the rates of contribution payable under the provisions of this subchapter.

(k) On the basis of such mortality and service tables as the Retirement Board shall adopt, the actuary shall make annual valuations of the assets and liabilities of the fund of the Retirement System.

(l) The Commission shall designate from time to time a depositary for the securities and evidences of indebtedness held in the Fund of the System and may contract for the safekeeping of securities and evidences of indebtedness within and without the State of Vermont in such banks, trust companies, and safe-deposit facilities as it shall from time to time determine. The necessary and incidental expenses of such safekeeping and for service rendered, including advisory services in investment matters, shall be paid from the operation expenses of the System as set forth in this chapter. Any agreement for the safekeeping of securities or evidences of indebtedness shall provide for the access to such securities and evidences of indebtedness, except securities loaned pursuant to a securities lending agreement as authorized by subsection (m) of this section, at any time by the custodian or any authorized agent of the State for audit or other purposes.

(m) The Commission may authorize the loan of its securities pursuant to securities lending agreements that provide for collateral consisting of cash or securities issued or guaranteed by the U.S. government or its agencies equal to 100 percent or more of the market value of the loaned securities. Cash collateral may be invested by the lending institution in investments approved by the State Treasurer. Approval of investments shall be made in accordance with the standard of care established by the prudent investor rule under 9 V.S.A. chapter 147.

(n) The Board shall review annually the amount of State contribution recommended by the actuary of the Retirement System as necessary to achieve and preserve the financial integrity of the fund established pursuant to section 473 of this title. Based on this review, the Board shall recommend the amount of State contribution that should be appropriated for the next fiscal year to achieve and preserve the financial integrity of the fund. On or before November 1 of each year, the Board shall submit this recommendation to the Governor and the House Committees on Government Operations and Military Affairs and on Appropriations and the Senate Committees on Government Operations and on Appropriations. 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.
3 V.S.A. § 485 — VT Code / Title 3 / Chapter 16 / Section 485
§ 485. Compulsory membership
Status: in_force

Membership in the Vermont State Retirement System shall be compulsory for all employees entering the service of such employer after the date participation becomes effective, and shall be effective upon the date of hire.
3APPENDIX V.S.A. § 6 — VT Code / Title 3APPENDIX / Chapter 29 / Section 6
§ 29-6. Exec. Order No. 29-6 (No. 64-82) [Transfer of Land in Barton From Agency of Environmental Conservation to Agency of Transportation]
Status: in_force

WHEREAS, it appears that certain land and premises located in the Town of Barton, County of Orleans and State of Vermont owned by the State of Vermont hereinafter described and presently under the jurisdiction and control of the Department of Forests, Parks and Recreation and Agency of Environmental Conservation has become and is now no longer necessary for the Agency purposes; and

WHEREAS, the Agency of Transportation has expressed a need for the land for State Highway purposes;

NOW THEREFORE, pursuant to the authority vested in me as Governor of Vermont, I, Richard A. Snelling, do by this, my order, hereby transfer and set over from the Agency of Environmental Conservation to the jurisdiction and control of the Agency of Transportation for its purposes the following land and premises, to wit:

Being parts of the same land and premises conveyed to State of Vermont by Raymond A. McCoy by Warranty Deed dated November 25, 1953, recorded in Book 48, Page 361 of the Barton Land Records and more particularly described as follows:

Those parcels identified in Executive Order #8-69 dated June 20th, 1969 as S.P. #27A: Beginning at a point in the northeasterly boundary of the present highway, U.S. Route #5, 165 feet distant northeasterly at right angle from approximate survey station 36 + 50 of the established centerline of Highway Project Barton FI 33 (2);

thence 360 feet, more or less, northwesterly in said northeasterly highway boundary to a point 215 feet distant northeasterly at right angle from approximate survey station 40 + 20 of said established centerline;

thence, 350 feet, more or less, westerly to a point in the believed property line between land of State of Vermont and land now or formerly owned by one Lord, 120 feet distant northeasterly radially from approximate survey station 43 + 68 of said established centerline;

thence 60 feet, more or less, northeasterly in said believed property line to a point 180 feet distant northeasterly radially from approximate survey station 43 + 68 of said established centerline;

thence 157 feet, more or less, northwesterly in said believed property line to a point 180 feet distant northeasterly radially from approximate survey station 45 + 25 of said established centerline;

thence 130 feet, more or less, southwesterly in said believed property line to a point in the northeasterly boundary of the present highway, U.S. Route #5, aforesaid, 49.5 feet distant northeasterly radially from approximate survey station 45 + 25 of said established centerline;

thence 410 feet, more or less, northwesterly in said highway boundary to a point in the believed property line between land of State of Vermont and land now or formerly of Jane Duke Estate, 49.5 feet distant northeasterly at right angle from approximate survey station 49 + 35 of said established centerline;

thence 150 feet, more or less, northeasterly in said believed property line to a point 200 feet distant northeasterly at right angle from approximate station 49 + 35 of said established centerline;

thence 50 feet, more or less, southeasterly in said believed property line to a point 200 feet distant northeasterly at right angle from approximate survey station 48 + 80 of said established centerline;

thence 130 feet, more or less, northeasterly in said believed property line to a point 330 feet distant northeasterly at right angle from approximate survey station 48 + 80 of said established centerline;

thence 340 feet, more or less, northeasterly to a point 670 feet distant northeasterly at right angle from approximate survey station 48 + 80 of said established centerline;

thence 1200 feet, more or less, southeasterly to a point 605 feet distant northeasterly at right angle from approximate survey station 36 + 20 of said established centerline;

thence 440 feet, more or less, southwesterly to the point of beginning. Said parcel to contain 11.8 acres, more or less.

AND S.P. #27B:

Beginning at a point 200 feet distant northeasterly at right angle from approximate survey station 58 + 40 of the established centerline of Highway Project Barton FI 33 (2):

thence 550 feet, more or less, northwesterly to a point in the easterly boundary of the present highway, U.S. Route #5, 64 feet distant northeasterly radially from approximate survey station 63 + 82 of said established centerline;

thence 400 feet, more or less, northwesterly in said highway boundary to a point 140 feet distant northeasterly at right angle from approximate survey station 68 + 85 of the said established centerline;

thence 425 feet, more or less, northwesterly in said highway boundary to a point 66 feet distant northeasterly at right angle from approximate survey station 73 + 00 of said established centerline;

thence 400 feet, more or less, northerly in said highway boundary to a point 66 feet distant northeasterly at right angle from approximate survey station 77 + 00 of said established centerline;

thence 480 feet, more or less, northeasterly to a point 510 feet distant northeasterly at right angle from approximate survey station 78 + 70 of said established centerline;

thence 1550 feet, more or less, southeasterly to a point 1200 feet distant northeasterly at right angle from approximate survey station 59 + 50 of said established centerline;

thence 1000 feet, more or less, southwesterly to the point of beginning. Said parcel to contain 43.0 acres, more or less.

Dated March 23, 1982.
3 V.S.A. § 349 — VT Code / Title 3 / Chapter 14 / Section 349
§ 349. State contracting; internet service
Status: in_force

The Secretary of Administration shall include in Administrative Bulletin 3.5 a requirement that State procurement contracts for broadband internet access service, as defined in subdivision 348(d)(1) of this title, include terms and conditions requiring that the internet service provider certify that it is in compliance with the consumer protection and net neutrality standards established in section 348 of this title.
3 V.S.A. § 461a — VT Code / Title 3 / Chapter 16 / Section 461a
§ 461a. Benefit denial; evidentiary hearing
Status: in_force

(a) An applicant for disability retirement benefits under section 460 or 461 of this title may file a request for an evidentiary hearing with the Retirement Board if the application for benefits is denied.

(b) The hearing shall be conducted by a hearing officer designated by the Board and in conformance with rules adopted by the Board. Rules adopted by the Board shall be consistent with section 809 of this title.

(c) The decision of the hearing officer shall constitute final administrative action.
3 V.S.A. § 473 — VT Code / Title 3 / Chapter 16 / Section 473
§ 473. Funds
Status: repealed

(a) Assets. All of the assets of the Retirement System shall be credited to the Vermont State Retirement Fund.

(b) Member contributions.

(1) Allocations and periodic review.

(A) Allocations. Contributions deducted from the compensation of members together with any member contributions transferred thereto from the predecessor systems shall be accumulated in the Fund and separately recorded for each member. The amounts so transferred on account of Group A members shall be allocated between regular and additional contributions. The amounts so allocated as regular contributions shall be determined as if the rate of contribution of four percent has been continuously in effect in the predecessor system from which such amounts were transferred and the balance of any amount so transferred on account of any Group A member shall be deemed additional contributions. In the case of Group C members who were members as of the date of establishment and Group D members, all contributions transferred from predecessor systems shall be deemed regular contributions. Those members who, prior to the date of establishment of this system, had been contributing at a rate less than four percent shall have any benefit otherwise payable on their behalf actuarially reduced to reflect such prior contribution rate of less than four percent. Upon a member's retirement or other withdrawal from service on the basis of which a retirement allowance is payable, the member's additional contributions, with interest thereon, shall be paid as an additional allowance equal to an annuity that is the actuarial equivalent of such amount, in the same manner as the benefit otherwise payable under the System.

(B) Periodic review. When the State Employees' Retirement System has been determined by the actuary to have assets at least equal to its accrued liability, contribution rates will be reevaluated by the actuary with a subsequent recommendation to the General Assembly. In determining the amount earnable by a member in a payroll period, the Retirement Board may consider the annual or other periodic rate of earnable compensation payable to such member on the first day of the payroll period as continuing throughout such payroll period, and it may omit deduction from compensation for any period less than a full payroll period if an employee was not a member on the first day of the payroll period, and to facilitate the making of deductions it may modify the deduction required of any member by such an amount as, on an annual basis, shall not exceed one-tenth of one percent of the annual earnable compensation upon the basis of which such deduction is to be made. Each of the amounts shall be deducted until the member retires or otherwise withdraws from service and when deducted shall be paid into the Annuity Savings Fund and shall be credited to the individual account of the member from whose compensation the deduction was made.

(2) Groups A, C, D, F, and G members.

(A) Group A members. Commencing on July 1, 2016, contributions shall be 6.55 percent of compensation for Group A members.

(B) Group C members.

(i) Commencing the first full pay period in fiscal year 2023, the contribution rate for Group C members shall be 8.93 percent of compensation.

(ii) Commencing the first full pay period in fiscal year 2024, the contribution rate for Group C members shall be 9.43 percent of compensation.

(iii) Commencing the first full pay period in fiscal year 2025 and annually thereafter, the contribution rate for Group C members shall be 9.93 percent of compensation.

(C) Group D members. Commencing on July 1, 2022, the contribution rate for Group D members shall be based on the highest quartile in which a member's hourly rate of pay falls. Quartiles shall be determined annually in the first full pay period of each fiscal year by the Department of Human Resources based on the hourly rate of pay by all Group D members. The contribution rates shall be based on the schedule set forth below:

(i) Based on the quartiles for the first full pay period of each fiscal year and effective the first full pay period in that fiscal year, for members who have an hourly rate of pay in any pay period below the 25th percentile of Group D member hourly rates of pay, the contribution rate shall be 6.55 percent of compensation.

(ii) Based on the quartiles for the first full pay period of each fiscal year and effective the first full pay period in that fiscal year, for members who have an hourly rate of pay in any pay period at the 25th percentile and below the 50th percentile of Group D member hourly rates of pay, the contribution rate shall be as follows:

(I) commencing in fiscal year 2023, 7.05 percent of compensation;

(II) commencing in fiscal year 2024, 7.55 percent of compensation; and

(III) commencing in fiscal year 2025 and annually thereafter, 8.05 percent of compensation.

(iii) Based on the quartiles for the first full pay period of each fiscal year and effective the first full pay period in that fiscal year, for members who have an hourly rate of pay in any pay period at the 50th percentile and below the 75th percentile of Group D member hourly rates of pay, the contribution rate shall be as follows:

(I) commencing in fiscal year 2023, 7.05 percent of compensation;

(II) commencing in fiscal year 2024, 7.55 percent of compensation;

(III) commencing in fiscal year 2025, 8.05 percent of compensation; and

(IV) commencing in fiscal year 2026 and annually thereafter, 8.55 percent of compensation.

(iv) Based on the quartiles for the first full pay period of each fiscal year and effective the first full pay period in that fiscal year, for members who have an hourly rate of pay in any pay period at or above the 75th percentile of Group D member hourly rates of pay, the contribution rate shall be as follows:

(I) commencing in fiscal year 2023, 7.05 percent of compensation;

(II) commencing in fiscal year 2024, 7.55 percent of compensation;

(III) commencing in fiscal year 2025, 8.05 percent of compensation;

(IV) commencing in fiscal year 2026, 8.55 percent of compensation; and

(V) commencing in fiscal year 2027 and annually thereafter, 9.05 percent of compensation.

(D) Group F members. Commencing on July 1, 2022, the contribution rate for Group F members shall be based on the quartile in which a member's hourly rate of pay falls. Quartiles shall be determined annually in the first full pay period of each fiscal year by the Department of Human Resources based on the combined hourly rate of pay of all Group F and Group G members. The contribution rates shall be based on the schedule set forth below:

(i) Based on the quartiles for the first full pay period of each fiscal year and effective the first full pay period in that fiscal year, for members who have an hourly rate of pay in any pay period below the 25th percentile of Group F and Group G member hourly rates of pay, the contribution rate shall be 6.55 percent of compensation.

(ii) Based on the quartiles for the first full pay period of each fiscal year and effective the first full pay period in that fiscal year, for members who have an hourly rate of pay in any pay period at the 25th percentile and below the 50th percentile of Group F and Group G member hourly rates of pay, the contribution rate shall be as follows:

(I) commencing in fiscal year 2023, 7.05 percent of compensation;

(II) commencing in fiscal year 2024, 7.55 percent of compensation; and

(III) commencing in fiscal year 2025 and annually thereafter, 8.05 percent of compensation.

(iii) Based on the quartiles for the first full pay period of each fiscal year and effective the first full pay period in that fiscal year, for members who have an hourly rate of pay in any pay period at the 50th percentile and below the 75th percentile of Group F and Group G member hourly rates of pay, the contribution rate shall be as follows:

(I) commencing in fiscal year 2023, 7.05 percent of compensation;

(II) commencing in fiscal year 2024, 7.55 percent of compensation;

(III) commencing in fiscal year 2025, 8.05 percent of compensation; and

(IV) commencing in fiscal year 2026 and annually thereafter, 8.55 percent of compensation.

(iv) Based on the quartiles for the first full pay period of each fiscal year and effective the first full pay period in that fiscal year, for members who have an hourly rate of pay in any pay period at or above the 75th percentile of Group F and Group G member hourly rates of pay, the contribution rate shall be as follows:

(I) commencing in fiscal year 2023, 7.05 percent of compensation;

(II) commencing in fiscal year 2024, 7.55 percent of compensation;

(III) commencing in fiscal year 2025, 8.05 percent of compensation;

(IV) commencing in fiscal year 2026, 8.55 percent of compensation; and

(V) commencing in fiscal year 2027 and annually thereafter, 9.05 percent of compensation.

(E) Group G members. Commencing on July 1, 2023, the contribution rate for Group G members shall be based on the quartile in which a member's hourly rate of pay falls. Quartiles shall be determined annually in the first full pay period of each fiscal year by the Department of Human Resources based on the combined hourly rate of pay of all Group F and Group G members. The contribution rates shall be based on the schedule set forth below:

(i) Based on the quartiles for the first full pay period of each fiscal year and effective the first full pay period in that fiscal year, for members who have an hourly rate of pay in any pay period below the 25th percentile of Group F and Group G member hourly rates of pay, the contribution rate shall be 11.23 percent of compensation.

(ii) Based on the quartiles for the first full pay period of each fiscal year and effective the first full pay period in that fiscal year, for members who have an hourly rate of pay in any pay period at the 25th percentile and below the 50th percentile of Group F and Group G member hourly rates of pay, the contribution rate shall be as follows:

(I) commencing in fiscal year 2024, 12.23 percent of compensation; and

(II) commencing in fiscal year 2025 and annually thereafter, 12.73 percent of compensation.

(iii) Based on the quartiles for the first full pay period of each fiscal year and effective the first full pay period in that fiscal year, for members who have an hourly rate of pay in any pay period at the 50th percentile and below the 75th percentile of Group F and Group G member hourly rates of pay, the contribution rate shall be as follows:

(I) commencing in fiscal year 2024, 12.23 percent of compensation;

(II) commencing in fiscal year 2025, 12.73 percent of compensation; and

(III) commencing in fiscal year 2026 and annually thereafter, 13.23 percent of compensation.

(iv) Based on the quartiles for the first full pay period of each fiscal year and effective the first full pay period in that fiscal year, for members who have an hourly rate of pay in any pay period at or above the 75th percentile of Group F and Group G member hourly rates of pay, the contribution rate shall be as follows:

(I) commencing in fiscal year 2024, 12.23 percent of compensation;

(II) commencing in fiscal year 2025, 12.73 percent of compensation;

(III) commencing in fiscal year 2026, 13.23 percent of compensation; and

(IV) commencing in fiscal year 2027 and annually thereafter, 13.73 percent of compensation.

(3) Deductions. The deductions provided for in this section shall be made notwithstanding that the minimum compensation provided for by law for any member shall be reduced thereby. Every member shall be deemed to consent and agree to the deductions made and provided for in this section and shall receipt for full compensation, and payment of compensation less such deduction shall be a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by such person during the period covered by such payment, except as to the benefits provided under this subchapter.

(4) Additional contributions. Subject to the approval of the Retirement Board, in addition to the contributions deducted from compensation as provided for in this section, any member may redeposit in the Fund by a single payment or by an increased rate of contribution an amount equal to the total amount that the member previously withdrew from this System or one of the predecessor systems; or any member may deposit in the Fund by a single payment or by an increased rate of contribution an amount computed to be sufficient to purchase an additional annuity that, together with prospective retirement allowance, will provide for the member a total retirement allowance not in excess of one-half of average final compensation at normal retirement date, with the exception of Group D members for whom creditable service shall be restored upon redeposits of amounts previously withdrawn from the System, or for whom creditable service shall be granted upon deposit of amounts equal to what would have been paid if payment had been made during any period of service during which such a member did not contribute. Such additional amounts so deposited shall become a part of the member's accumulated contributions as additional contributions.

(5) Beneficiaries. The contributions of a member and such interest as may be allowed thereon that are withdrawn by the member or paid to the member estate or to a designated beneficiary in event of the member's death shall be paid from the Fund.

(6) Scope. Contributions required under this subsection shall be limited to contributions from Group A, Group C, Group D, Group F, and Group G members.

(7) [Repealed.]

(c) Employer contributions, earnings, and payments.

(1) Employer contributions and the reserves for the payment of all pensions and other benefits, including all interest and dividends earned on the assets of the Retirement System, shall be accumulated in the Fund, and all benefits payable under the System and the expenses of the System shall be paid from the Fund. Annually, the Retirement Board shall allow regular interest on the individual accounts of members in the Fund that shall be credited to each member's account within the Fund.

(2) Beginning with the actuarial valuation as of June 30, 2006, the contributions to be made to the Fund by the State shall be determined on the basis of the actuarial cost method known as “entry age normal.” On account of each member there shall be paid annually into the Fund by the State an amount equal to certain percentages of the annual earnable compensation of such member, to be known as the “normal contribution,” and additional amounts equal to a certain percentage of the member's annual earnable compensation, to be known as the “basic accrued liability” and “additional accrued liability” contributions. The percentage rates of the contributions shall be fixed on the basis of the liabilities of the Retirement System as shown by actuarial valuation.

(3) The normal contribution shall be the uniform percentage of the total compensation of members that, if contributed over each member's prospective period of service and added to such member's prospective contributions, if any, will be sufficient to provide for the payment of all future benefits after subtracting the sum of the unfunded accrued liability and the total assets of the Fund of the Retirement System.

(4) Beginning on July 1, 2008, until the unfunded accrued liability is liquidated, the basic accrued liability contribution shall be the annual payment required to liquidate the unfunded accrued liability over a closed period of 30 years ending on June 30, 2038, provided that:

(A) From July 1, 2009 to June 30, 2019, the amount of each annual basic accrued liability contribution shall be determined by amortization of the unfunded liability over the remainder of the closed 30-year period in installments increasing at a rate of five percent per year.

(B) Beginning on July 1, 2019 and annually thereafter, the amount of each annual basic accrued liability contribution shall be determined by amortization of the unfunded liability over the remainder of the closed 30-year period in installments increasing at a rate of three percent per year.

(C) Any variation in the contribution of normal, basic, unfunded accrued liability or additional unfunded accrued liability contributions from those recommended by the actuary and any actuarial gains and losses shall be added or subtracted to the unfunded accrued liability and amortized over the remainder of the closed 30-year period.

(5)-(7) [Repealed.]

(8) Annually, the Board shall certify an amount to pay the annual actuarially determined employer contribution, as calculated in this subsection, and additional amounts as follows:

(A) in fiscal year 2024, the amount of $9,000,000.00;

(B) in fiscal year 2025, the amount of $12,000,000.00; and

(C) in fiscal year 2026 and in any year thereafter when the Fund is calculated to have a funded ratio of less than 90 percent, the amount of $15,000,000.00.

(d) Contributions of State. As provided by law, the Retirement Board shall certify to the Governor or Governor-Elect a statement of the percentage of the payroll of all members sufficient to pay for all operating expenses of the Vermont State Retirement System and all contributions of the State that will become due and payable during the next biennium. The contributions of the State to pay the annual actuarially determined employer contribution and any additional amounts pursuant to subdivision (c)(8) of this section shall be charged to the departmental appropriation from which members' salaries are paid and shall be included in each departmental budgetary request. Annually on or before January 15, the Commissioner of Finance and Management shall provide to the General Assembly a breakdown of the components of the payroll charge applied to each department's budget in the current fiscal year and anticipated to apply in the upcoming fiscal year. This report shall itemize the percentages of payroll assessments to fund:

(1) the actuarially determined employer contribution to the Vermont State Retirement System;

(2) any additional payments made pursuant to subdivision (c)(8) of this section to the Vermont State Retirement System; and

(3) the employer contribution to the State Employees' Postemployment Benefits Trust Fund made pursuant to subdivision 479a(e)(3) of this title.

(e) [Repealed.]

(f) Contributions paid by State. Notwithstanding the provisions of subdivision (b)(2) of this section to the contrary and pursuant to the provisions of Section 414(h) of the Internal Revenue Code, the State shall pick up and pay the contributions required to be paid by members with respect to service rendered on and after March 1, 1998. Contributions picked up by the State shall be designated for all purposes as member contributions, except that they shall be treated as State contributions in determining tax treatment of a distribution. Each member's compensation shall be reduced by an amount equal to the amount picked up by the State. This reduction, however, shall not be used to determine annual earnable compensation for purposes of determining average final compensation. Contributions picked up under this subsection shall be credited to the Fund. To ensure that the provisions of this subsection are cost neutral to the State, the contributions rates established under subdivision (b)(2) of this section shall be increased by one-tenth of one percent of compensation.
3 V.S.A. § 476 — VT Code / Title 3 / Chapter 16 / Section 476
§ 476. Exemption of member's interest; assignment
Status: in_force

A member's annuity, pension, or retirement allowance under this subchapter and the member's assets in the Retirement System shall not be exempt from taxation, including income tax, but shall be exempt from the operation of any laws relating to bankruptcy or insolvency and shall not be attached or taken upon execution or other process of any court. No assignment by a member of any part of such assets to which the member is or may be entitled, or of any interest in such assets, shall be valid, except to the extent permitted by this subchapter.
3APPENDIX V.S.A. § 25 — VT Code / Title 3APPENDIX / Chapter 10 / Section 25
§ 10-25. Exec. Order No. 10-25 (No. 08-00) [Vermont's Committee to Ensure Clean Air]
Status: in_force

Expired by its own terms, effective June 30, 2001.
3 V.S.A. § 1031 — VT Code / Title 3 / Chapter 28 / Section 1031
§ 1031. Freedom of expression
Status: in_force

The expression of any views, argument, or opinion, or the dissemination of such an expression, in any form, shall not constitute or be evidence of an unfair labor practice under this chapter, provided the expression contains no threat of reprisal or force or promise of benefit.
3 V.S.A. § 650 — VT Code / Title 3 / Chapter 22 / Section 650
§ 650. Definitions
Status: in_force

The following definitions shall apply throughout this chapter unless the context requires otherwise:

(1) “Deferred compensation agreement” means any agreement authorized by this chapter entered into between a public agency and an employee of that agency providing for a reduction in the employee's compensation in return for the agency's promise to make deferred payments in the future.

(2) “Employee” means any employee of a public agency whether appointed, elected or under contract to whom compensation is paid.

(3) “Other public agency” means a public agency described in subdivision (4)(B) or (C) of this section.

(4) “Public agency” means:

(A) the State, acting as a single unit employer on behalf of the General Assembly and State agencies, departments, boards, or commissions;

(B) a county or municipality as defined in 24 V.S.A. § 4303(12); and

(C) a school district as defined in 16 V.S.A. § 11(a)(10) or a supervisory union as defined in 16 V.S.A. § 11(a)(23).

(5) “State Board” means the Vermont State Retirement Board.

(6) “Teachers' Board” means the Vermont State Teachers' Retirement Board.
3 V.S.A. § 835 — VT Code / Title 3 / Chapter 25 / Section 835
§ 835. Procedures and guidance documents
Status: in_force

(a) Procedures and guidance documents shall be maintained by the agency in an official current compilation that includes an index. Each addition, change, or deletion to the official compilation shall also be dated, indexed, and recorded. The agency shall publish the compilation and index on its internet website and make all procedures and guidance documents available to the public. On or after January 1, 2024, an agency shall not rely on a procedure or guidance document or cite it against any party to a proceeding, unless the procedure or guidance document is included in a compilation maintained and published in accordance with this subsection.

(b) A procedure or guidance document shall not have the force of law. However, this subsection shall not apply to a procedure if a statute that specifically enables the procedure states that it has the force of law. This subsection is not intended to affect whether a court or quasi-judicial body gives deference to a procedure or guidance document issued by an agency whose action is before the court or body.
3APPENDIX V.S.A. § 15 — VT Code / Title 3APPENDIX / Chapter 29 / Section 15
§ 29-15. Exec. Order No. 29-15 (No. 41-87) [Transfer of Lands in City of Burlington From Agency of Transportation to Agency of Environmental Conservation, Fish and Wildlife Department]
Status: in_force

WHEREAS, it appears that certain lands hereinafter described and located in the City of Burlington, County of Chittenden and State of Vermont and presently under the jurisdiction and control of the Agency of Transportation; and

WHEREAS, the Agency of Environmental Conservation, Fish and Wildlife Department, desires jurisdiction over certain lands of the Agency of Transportation, for the sole purpose of wildlife management and for perpetual conservation to replace wetland habitat permanently lost in the construction of the highways known as the Northern Connector and Southern Connector; and

WHEREAS, the lands as described below in Exhibit “A” and Exhibit “B” compensate fully and exclusively for the natural values lost in the construction of the Northern and Southern Connectors and shall be managed and enhanced for wildlife habitat;

NOW THEREFORE, I, Madeleine M. Kunin, by the power vested in me as Governor of Vermont, do hereby transfer and set over to the Agency of Environmental Conservation, Fish and Wildlife Department, jurisdiction over certain lands of the Agency of Transportation for the sole purpose of habitat development, wildlife management and the perpetual conservation of natural resources as hereinafter described as Exhibit “A” and Exhibit “B”.

Exhibit “A”:

Being a perpetual easement for maintaining and controlling a wetland habitat enhancement area on a certain parcel of land commonly referred to as the Howe Farm and described as follows:

Beginning at a point shown on the plan of Burlington highway project M 5000 (3), sheet 47 of 48 and noted as “station 465 + 34, 242 feet right”; thence southwesterly about 92 feet to a point noted as “465 + 77, 150 feet right”; thence generally southerly and 150 feet parallel to the baseline of construction as shown on the plans to a point marked by a STATE OF VERMONT aluminum pipe monument stamped “ROW 1983” and set flush with the ground 150.0 feet right of station 442 + 35 as shown on plan sheet 41 of 48 and further identified by Vermont State Plane Coordinates y = 736,713.5, x = 306,363.6; thence continuing by grid distance and azimuths; 616.8 feet 48°58′12″ to a point located 150.0 feet 323°18′51″ from a STATE OF VERMONT aluminum pipe monument stamped “B 1983” set flush to the ground; thence 1313.4 feet 323°18′51″ to a STATE OF VERMONT aluminum pipe monument stamped “C 1983” set flush to the ground; thence 827.0 feet 323°18′50″ to a STATE OF VERMONT aluminum pipe monument stamped “D 1983” set flush to the ground; thence 1087.5 feet 10°09′20″ to a STATE OF VERMONT aluminum pipe monument stamped “E 1983” set flush with the ground near the southerly bank of a seasonally dry channel of the Winooski River; thence continue on the same azimuth to the southerly bank of the river; thence to the center of the river and the boundary between the City of Burlington and Colchester; thence down stream along the boundary between the City of Burlington and Colchester to a point opposite the point of beginning of this description; thence to the noted point of beginning. The land area enclosed by this description constitutes approximately 66 acres depending on the variable flow of the river and is all of the same land and premises conveyed to the State of Vermont by Roderick Whittier and Richard Farnham by Warranty Deed dated February 6, 1984, and recorded in Book 302, Pages 350-353 of the City of Burlington Land Records.

Exhibit “B”:

Being a perpetual easement for maintaining and controlling a wetland habitat enhancement area on a certain parcel of land commonly referred to as the Intervale Cattail Marsh and described as follows:

Commencing at a point marking the southwest corner of land, conveyed to the State of Vermont by City of Burlington by Warranty Deed dated February 24, 1986, and recorded in Book 328, Page 593A of the City of Burlington Land Records, and which point is also along the boundary line of the existing railroad right-of-way of the Central Vermont Railway; thence proceeding in a northwesterly direction 725′ to a point; then continuing in a northwesterly direction 400′ to a point, which point is 250′ right of the point designated 335 on the survey line of the Burlington Beltline, so-called; then continuing in a northwesterly direction 500′ to a point, which point is 201′ right of the point designated 340 on the survey line of said Burlington Beltline; then continuing in a northwesterly direction for 375′ to a point which is the northwesterly corner of the property being herein conveyed; then turning to the right at an angle of 60°16′43″ and continuing in a northeasterly direction for 863.16′ to a point; then continuing at an angle of 64°26′04″ for 441.01′ to a point which constitutes the most northerly point of the land of the State of Vermont; thence turning to the right at an angle of 145°25′29″ and proceeding in a southeasterly direction for 546.01′ to a point, then continuing in a southeasterly direction at an angle of 145°27′51″ for a distance of 450.66′ to a point; then continuing in a southeasterly direction at an angle of 141°58′59″ for 68.01′ to a point; then continuing a southeasterly direction at an angle of 145°22′11″ for 464.73′ to a point; then turning to the left and proceeding in a northeasterly direction at an angle of 93°50′21″ for a distance of 833.29′ to a point; then turning to the right and proceeding in a southeasterly direction at an angle of 180°17′59″ for 471.95′ to a point; then turning to the left and proceeding in a southeasterly direction at an angle of 107°47′59″ for a 380.49′ to a point; then turning to the right and proceeding in a southwesterly direction at an angle of 193°46′23″ for 1009.21′ to a point; then continuing in a southwesterly direction at an angle of 196°17′19″ for a distance of 118.35′ to a point; then turning to the right and proceeding in a northwesterly direction at an angle of 282°40′56″ for 93.62′ to a point; then deflecting to the right and proceeding in a northwesterly direction at an angle of 328°04′50″ for 279.49′ to a point; then proceeding in a northwesterly direction at an angle of 282°25′02″ for 344.87′ to a point; then turning to the left and proceeding in a southwesterly direction at an angle of 215°47′48″ for a distance of 217.71′ to a point; then proceeding in a westerly direction at an angle of 282°31′51″ for 1470.25′ to a point; then continuing in a westerly direction at an angle of 282°03′38″ for 147.38′ to a point; then continuing in a westerly direction at an angle of 281°18′41″ for a distance of 122.46′ to the point or place of beginning. The land area enclosed by this description is 122 acres, more or less.

Also included in this transfer is an easement over other lands, now or formerly of Roderick Whittier and Richard Farnham for the purposes of ingress and egress to and from the premises for maintaining a wetland habitat enhancement area, and laying and maintaining waterlines from the closest point of the Winooski River to said wetland habitat enhancement area and the use of said easement shall not interfere with the use of the land by Roderick Whittier and Richard Farnham, their heirs and assigns.

The Agency of Environmental Conservation, Fish and Wildlife Department, upon this transfer, will assume the responsibility for all future, management, maintenance and construction outside the highway right-of-way line and assumes the responsibility of monitoring water levels to avoid encroachment on adjoining properties unless flowage easements are obtained.

The Agency of Environmental Conservation, Fish and Wildlife Department also agrees to comply with all conditions imposed on the herein described areas by permits obtained by the Corps of Engineers, Vermont Act 250 and Agency of Environmental Conservation, Department of Water Resources and Environmental Engineering Dam Permit and all covenants and conditions included in the deeds transferring the herein described properties to the Agency of Transportation.

Dated February 26, 1987.
3 V.S.A. § 1228 — VT Code / Title 3 / Chapter 31 / Section 1228
§ 1228. Hearings before the Commission [Effective September 1, 2027]
Status: in_force

(a) Power to hold hearings. The Commission may meet and hold hearings for the purpose of gathering evidence and testimony if found warranted pursuant to section 1227 of this title and to make determinations.

(b) Open meetings. All Commission hearings shall be considered meetings of the Commission as described in subsection 1221(e) of this title and shall be conducted in accordance with 1 V.S.A. § 310 et seq.

(c) Time of hearing. The Chair of the Commission shall set a time for the hearing as soon as convenient following the Director's determination that an evidentiary hearing is warranted, subject to the discovery needs of the public servant and any complainant as established in any prehearing or discovery conference or in any orders regulating discovery and depositions, or both, but not earlier than 30 days after service of the charge upon the public servant. The public servant or a complainant may file motions to extend the time of the hearing for good cause, which may be granted by the Chair.

(d) Notice of hearing. The Chair shall give the public servant and any complainant reasonable notice of a hearing, which shall include:

(1) A statement of the time, place, and nature of the hearing.

(2) A statement of the legal authority and jurisdiction under which the hearing is to be held.

(3) A reference to the particular sections of the statutes and rules involved.

(4) A short and plain statement of the matters at issue. If the Commission is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application by either the public servant or any complainant, a more definite and detailed statement shall be furnished.

(5) A reference and copy of any rules adopted by the Commission regarding the hearing's procedures, rules of evidence, and other aspects of the hearing.

(e) Rights of public servants and complainants. Opportunity shall be given to the public servant and any complainant to be heard at the hearing, present evidence, respond to evidence, and argue on all issues related to the alleged unethical misconduct.

(f) Executive session. In addition to the provisions of 1 V.S.A. § 313(a), the Commission may enter executive session if the Commission deems it appropriate in order to protect the confidentiality of an individual or any other protected information pertaining to any identifiable person that is otherwise confidential under State or federal law.
3 V.S.A. § 1203h — VT Code / Title 3 / Chapter 31 / Section 1203h
§ 1203h. Unauthorized commitments
Status: in_force

A public servant shall not make unauthorized commitments or promises of any kind purporting to bind State government.
3 V.S.A. § 3004 — VT Code / Title 3 / Chapter 53 / Section 3004
§ 3004. Personnel designation
Status: in_force

The Secretary; Deputy Secretary; commissioners; deputy commissioners; attorneys; Directors of the Offices of State Economic Opportunity and of Child Support; and all members of boards, committees, commissions, or councils attached to the Agency for support are exempt from the classified State service. Except as authorized by section 311 of this title or otherwise by law, all other positions shall be within the classified service.
3 V.S.A. § 17 — VT Code / Title 3 / Chapter 1 / Section 17
§ 17. Federal funding cuts; transfer of personnel
Status: in_force

To enable the Governor to respond effectively to cuts in federal spending and in the interests of efficiency, he or she may, with the approval of the General Assembly or the Joint Fiscal Committee if the General Assembly is not in session, temporarily transfer positions among the departments and agencies of the Executive Branch of government; provided, however, that no transfer may be made under this section which substantially affects the functioning of a program or policy which has been approved or adopted by the General Assembly.
3 V.S.A. § 1018 — VT Code / Title 3 / Chapter 28 / Section 1018
§ 1018. Mediation; fact-finding; last best offer
Status: in_force

(a) If, after a reasonable period of negotiation, the representative of a collective bargaining unit and the employer reach an impasse, the Board, upon petition of either party, may authorize the parties to submit their differences to mediation. Within five days after receipt of the petition, the Board shall appoint a mediator who shall communicate with the parties and attempt to mediate an amicable settlement. A mediator shall be of high standing and in no way actively connected with labor or management.

(b) If, after a minimum of 15 days after the appointment of a mediator, the impasse is not resolved, the mediator shall certify to the Board that the impasse continues.

(c) Upon the request of either party, the Board shall appoint a fact finder who has been mutually agreed upon by the parties. If the parties fail to agree on a fact finder within five days, the Board shall appoint a fact finder who shall be a person of high standing and not actively connected with labor or management. A member of the Board or any individual who has actively participated in mediation proceedings for which fact-finding has been called shall not be eligible to serve as a fact finder under this section unless agreed upon by the parties.

(d) The fact finder shall conduct hearings pursuant to rules of the Board. Upon request of either party or of the fact finder, the Board may issue subpoenas of persons and documents for the hearings, and the fact finder may require that testimony be given under oath and may administer oaths.

(e) Nothing in this section shall prohibit the fact finder from mediating the dispute at any time prior to issuing recommendations.

(f) The fact finder shall consider, if applicable to the issues, the following factors in making a recommendation:

(1) wage and salary schedules and employee benefits to the extent they are inconsistent with prevailing rates, both within State government as a whole and for comparable work in commerce or industry within the State;

(2) work schedules relating to assigned hours and days of the week as they relate to the employee's needs and the general public's requirement for continual service; and

(3) general working conditions as those conditions compare with generally accepted safety standards and conditions prevailing in commerce and industry within the State and within State government.

(g) Upon completion of the hearings, the fact finder shall file written findings and recommendations with both parties.

(h) The costs of witnesses and other expenses incurred by either party in fact-finding proceedings shall be paid directly by the parties incurring them, and the costs and expenses of the fact finder shall be paid equally by the parties. The fact finder shall be paid a rate mutually agreed upon by the parties for each day or any part of a day while performing fact-finding duties and shall be reimbursed for all reasonable and necessary expenses incurred in the performance of his or her duties. A statement of fact-finding per diem and expenses shall be certified by the fact finder and submitted to the Board for approval. The Board shall provide a copy of approved fact-finding costs to each party with its order apportioning half of the total to each party for payment. Each party shall pay its half of the total within 15 days after receipt of the order. Approval by the Board of fact-finding and the fact finder's costs and expenses and its order for payment shall be final as to the parties.

(i)(1) If the dispute remains unresolved 20 days after transmittal of findings and recommendations or within a period of time mutually agreed upon by the parties that may be not more than an additional 30 days, each party shall submit to the Board or, upon the request of either party, to an arbitrator mutually agreed upon by the parties its last best offer on all disputed issues as a single package. If the parties cannot agree on an arbitrator, the American Arbitration Association shall appoint a neutral third party to act as arbitrator.

(2) Each party's last best offer shall be:

(A) filed with the Board or the arbitrator under seal;

(B) certified to the Board or the arbitrator by the fact finder; and

(C) unsealed and placed in the public record only when both parties' last best offers are filed with the Board or the arbitrator.

(3) A party's last best offer shall not include a proposal to:

(A) provide alternative health coverage to retired State employees that has not been agreed to pursuant to the provisions of subdivision 479(a)(2) of this title; or

(B) provide health coverage that includes a Medicare Advantage plan or similar plan established pursuant to Title XVIII of the Social Security Act unless the inclusion of the plan has been agreed to by both parties.

(4) The Board or the arbitrator shall hold one or more hearings and consider the recommendations of the fact finder.

(5)(A) Within 30 days of the certifications, the Board or the arbitrator shall select between the last best offers of the parties, considered in their entirety without amendment, and shall determine its cost.

(B) If the Board or the arbitrator finds that the last best offers of both parties are unreasonable and likely to produce undesirable results or likely to result in a long-lasting negative impact upon the parties' collective bargaining relationship, then the Board or the arbitrator may select the recommendation of the fact finder under subsection (g) of this section as to those disputed issues submitted to the Board or the arbitrator in the last best offers.

(6) The Board or the arbitrator shall not issue an order under this subsection that is in conflict with any law or rule or that relates to an issue that is not bargainable.

(7) The decision of the Board or the arbitrator shall be final and binding on the parties.
3 V.S.A. § 129a — VT Code / Title 3 / Chapter 5 / Section 129a
§ 129a. Unprofessional conduct
Status: in_force

(a) In addition to any other provision of law, the following conduct by a licensee constitutes unprofessional conduct. When that conduct is by an applicant or person who later becomes an applicant, it may constitute grounds for denial of a license or other disciplinary action. Any one of the following items or any combination of items, whether the conduct at issue was committed within or outside the State, shall constitute unprofessional conduct:

(1) Fraudulent or deceptive procurement or use of a license.

(2) Advertising, including advertising about health care services, that is intended or has a tendency to deceive or mislead.

(3) Failing to comply with provisions of federal or State statutes or rules governing the practice of the profession.

(4) Failing to comply with an order of the board or violating any term or condition of a license restricted by the board.

(5) Practicing the profession when medically or psychologically unfit to do so.

(6) Delegating professional responsibilities, including the delivery of health care services, to a person whom the licensed professional knows, or has reason to know, is not qualified by training, experience, education, or licensing credentials to perform them, or knowingly providing professional supervision or serving as a preceptor to a person who has not been licensed or registered as required by the laws of that person's profession.

(7) Willfully making or filing false reports or records in the practice of the profession, willfully impeding or obstructing the proper making or filing of reports or records, willfully failing to file the proper reports or records, or willfully providing inaccurate health or medical information to a patient, including purposeful misrepresentation of a patient's health status.

(8) Failing to make available promptly to a person using professional health care services, that person's representative, or succeeding health care professionals or institutions, upon written request and direction of the person using professional health care services, copies of that person's records in the possession or under the control of the licensed practitioner, or failing to notify patients or clients how to obtain their records when a practice closes.

(9) Failing to retain client records for a period of seven years, unless laws specific to the profession allow for a shorter retention period. When other laws or agency rules require retention for a longer period of time, the longer retention period shall apply.

(10) Conviction of a crime related to the practice of the profession or conviction of a felony, whether or not related to the practice of the profession. If an individual has a conviction of concern, the board or hearing officer shall consider the following in determining whether to deny or discipline a license, certification, or registration to the individual based on the following factors:

(A) the nature and seriousness of the conviction;

(B) the amount of time since the commission of the crime;

(C) the relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the profession; and

(D) evidence of rehabilitation or treatment.

(11) Failing to report to the Office a conviction of any felony or misdemeanor offense in a Vermont District Court, a Vermont Superior Court, a federal court, or a court outside Vermont within 30 days.

(12) Exercising undue influence on or taking improper advantage of a person using professional services, or promoting the sale of services or goods in a manner that exploits a person for the financial gain of the practitioner or a third party.

(13) Performing treatments or providing services that the licensee is not qualified to perform or that are beyond the scope of the licensee's education, training, capabilities, experience, or scope of practice.

(14) Failing to report to the Office within 30 days a change of name, email, or mailing address.

(15) Failing to exercise independent professional judgment in the performance of licensed activities when that judgment is necessary to avoid action repugnant to the obligations of the profession.

(16)(A) Impeding an investigation or inspection under this chapter or unreasonably failing to reply, cooperate, or produce lawfully requested records in relation to such investigation or inspection.

(B) The patient privilege set forth in 12 V.S.A. § 1612 shall not bar the licensee's obligations under this subsection (a), and a confidentiality agreement entered into in concluding a settlement of a civil claim shall not exempt the licensee from fulfilling his or her obligations under this subdivision (16).

(17) Advertising, promoting, or recommending a therapy or treatment in a manner tending to deceive the public or to suggest a degree of reliability or efficacy unsupported by competent evidence and professional judgment.

(18) Promotion by a treatment provider of the sale of drugs, devices, appliances, or goods provided for a patient or client in such a manner as to exploit the patient or client for the financial gain of the treatment provider, or selling, prescribing, giving away, or administering drugs for other than legal and legitimate therapeutic purposes.

(19) Willful misrepresentation in treatments or therapies.

(20) Offering, undertaking, or agreeing to cure or treat a disease or disorder by a secret method, procedure, treatment, or medicine.

(21) Permitting one's name or license to be used by a person, group, or corporation when not actually in charge of, responsible for, or actively overseeing the professional services provided.

(22) Prescribing, selling, administering, distributing, ordering, or dispensing any drug legally classified as a controlled substance for the licensee's own use or to an immediate family member as defined by rule.

(23) For any professional with prescribing authority, signing a blank or undated prescription form or negligently failing to secure electronic means of prescribing.

(24) For any mental health care provider, use of conversion therapy as defined in 18 V.S.A. § 8351 on a client younger than 18 years of age.

(25) For providers of clinical care to patients, failing to have in place a plan for responsible disposition of patient health records in the event the licensee should become incapacitated or unexpectedly discontinue practice.

(26) Sexually harassing or exploiting a patient, client, or consumer, or doing so to a coworker in a manner that threatens the health, safety, or welfare of patients, clients, or consumers; failing to maintain professional boundaries; or violating a patient, client, or consumer's reasonable expectation of privacy.

(27) For a health care practitioner, failing to comply with one or more of the notice, disclosure, or advertising requirements in 18 V.S.A. § 4502 for administering stem cell or stem cell-related products not approved by the U.S. Food and Drug Administration.

(28) Engaging in conduct of a character likely to deceive, defraud, or harm the public.

(29) Providing or claiming to provide services or medications that are purported to reverse the effects of a medication abortion.

(b) Failure to practice competently by reason of any cause on a single occasion or on multiple occasions may constitute unprofessional conduct, whether actual injury to a client, patient, or customer has occurred. Failure to practice competently includes:

(1) performance of unsafe or unacceptable patient or client care; or

(2) failure to conform to the essential standards of acceptable and prevailing practice.

(c) The burden of proof in a disciplinary action shall be on the State to show by a preponderance of the evidence that the person has engaged in unprofessional conduct.

(d)(1) After hearing, and upon a finding of unprofessional conduct, a board or an administrative law officer may take disciplinary action against a licensee or applicant, including imposing an administrative penalty not to exceed $5,000.00 for each unprofessional conduct violation.

(2)(A) Any money received under this subsection (d) shall be deposited in the Professional Regulatory Fee Fund established in section 124 of this chapter for the purpose of providing education and training for board members and advisor appointees.

(B) The Director shall detail in the annual report receipts and expenses from money received under this subsection.

(e) In the case where a standard of unprofessional conduct as set forth in this section conflicts with a standard set forth in a specific board's statute or rule, the standard that is most protective of the public shall govern.

(f)(1) Health care providers. Notwithstanding subsection (e) of this section or any other law to the contrary, no health care provider who is certified, registered, or licensed in Vermont shall be subject to professional disciplinary action by a board or the Director, nor shall a board or the Director take adverse action on an application for certification, registration, or licensure of a qualified health care provider, based solely on:

(A) the health care provider providing or assisting in the provision of legally protected health care activity; or

(B) a criminal, civil, or disciplinary action in another state against the health care provider that is based solely on the provider providing or assisting in the provision of legally protected health care activity.

(2) Definitions. As used in this subsection:

(A) “Health care provider” means a person who provides professional health care services to an individual during that individual's medical care, treatment, or confinement.

(B) “Health care services” means services for the diagnosis, prevention, treatment, cure, or relief of a physical or mental health condition, including counseling, procedures, products, devices, and medications.

(C) “Legally protected health care activity” has the same meaning as in 1 V.S.A. § 150.
3 V.S.A. § 574 — VT Code / Title 3 / Chapter 19 / Section 574
§ 574. Contributions by State employees
Status: in_force

(a) Every employee of the State whose services are covered by an agreement entered into under section 573 of this title shall be required to pay for the period of such coverage, into the Contribution Fund established by section 576 of this title, contributions, with respect to wages as defined in section 572 of this title, equal to the amount of the employee tax that would be imposed by the federal Insurance Contributions Act if such services constituted employment within the meaning of that Act. Such liability shall arise in consideration of the employee's retention in the service of the State, or his or her entry upon such service, after April 26, 1951.

(b) The contribution imposed by this section shall be collected by deducting the amount of the contribution from the wages as and when paid, but failure to make such deduction shall not relieve the employee from liability for such contribution.

(c) If more or less than the correct amount of the contribution imposed by this section is paid or deducted with respect to any remuneration, proper adjustments, or refund if adjustment is impracticable, shall be made, without interest, in such manner and at such times as the State agency shall prescribe.
3 V.S.A. § 522 — VT Code / Title 3 / Chapter 17 / Section 522
§ 522. Vermont Pension Investment Commission
Status: in_force

(a) Members. There is created the Vermont Pension Investment Commission, an independent commission, to comprise nine members as follows:

(1) one member and one alternate, elected by the employee and retiree members of the Board of the Vermont State Employees' Retirement System;

(2) one member and one alternate, elected by the employee and retiree members of the Board of the Vermont State Teachers' Retirement System;

(3) one member and one alternate, elected by the municipal employee and municipal official members of the Board of the Vermont Municipal Employees' Retirement System;

(4) two members and one alternate, who shall each be a financial expert and independent, appointed by the Governor;

(5) the State Treasurer or designee, an ex-officio voting member;

(6) one member, appointed by the other eight members of the Commission, who shall serve as Chair of the Commission and at the pleasure of the Commission;

(7) one member representing a municipal employer, appointed by the Executive Director of the Vermont League of Cities and Towns; and

(8) one member representing a school employer, appointed by the Vermont School Boards Association.

(b) Training. Members and alternates of the Commission shall be required to participate in onboarding and ongoing periodic training in investments, securities, and fiduciary responsibilities as directed by the Commission. The Commission shall provide an annual report to the respective authorities responsible for electing and appointing members and alternates regarding attendance at Commission meetings and relevant educational programs attended.

(c) Member terms.

(1) Except as provided in subdivision (2) of this section and for the ex-officio members of the Commission, all members and alternates of the Commission shall serve staggered four-year terms. A vacancy created before the expiration of a term shall be filled in the same manner as the original appointment for the unexpired portion of the term. A member or alternate appointed to fill a vacancy created before the expiration of a term shall not be deemed to have served a term for the purpose of this subsection. Members and alternates of the Commission shall be eligible for reappointment and shall serve not more than three terms; provided, however, that a single term served as an alternate shall not be used to calculate a member's total term limit. Members and alternates of the Commission may be removed only for cause. The Commission shall adopt rules pursuant to chapter 25 of this title to define the basis and process for removal.

(2) The Chair shall serve not more than 20 years on the Commission as a chair or Commission member. If the Chair is unable to perform his or her duties, the Commission shall elect an interim chair who shall be a financial expert and independent.

(3) Terms shall end on June 30 with new terms beginning on July 1.

(4) Notwithstanding subdivision (3) of this subsection, members and alternates shall serve until their successors are appointed subject to the term limits provided in this subsection.

(d) Chair and vice chair.

(1)(A) The Chair of the Vermont Pension Investment Commission shall have the financial, investment, leadership, and governance expertise as required by policies adopted by the Commission.

(B) The Chair shall be a nonvoting member, except in the case of a tie vote.

(2) The Vermont Pension Investment Commission shall elect a vice chair from among its members.

(e) Eligibility. No legislator who is currently serving in the General Assembly shall serve on the Commission.

(f) Meetings.

(1) Five members of the Commission shall constitute a quorum.

(2) If a member is not in attendance, the alternate of that member shall be eligible to act as a member of the Commission during the absence of the member.

(3) Five concurring votes shall be necessary for a decision of the Commission at any meeting of the Commission, except that any decision of the Commission relating to setting actuarial assumptions pursuant to subdivision 523(b)(1) of this title shall require six concurring votes.

(g) Leave time. Public employee members and alternates shall be granted reasonable leave time by their employers to attend Commission meetings and Commission-related educational programs.

(h) Compensation and reimbursements. Members and alternates of the Commission who are not public employees shall be entitled to per diem compensation as permitted in 32 V.S.A. § 1010 and reimbursement for all necessary expenses that they may incur through service on the Commission from the funds of the retirement systems. The Chair of the Commission may be compensated from the funds at a level as recommended by the other members of the Commission and approved through the State budget process.

(i) Assistance and expenses.

(1) The Commission may collect proportionally from the funds of the three retirement systems and any individual municipalities that have been allowed to invest their retirement funds pursuant to subsection 523(a) of this title, any expenses incurred that are associated with carrying out its duties, and any expenses incurred by the Treasurer's office in support of the Commission.

(2) The Attorney General shall serve as legal advisor to the Commission.
3 V.S.A. § 1027 — VT Code / Title 3 / Chapter 28 / Section 1027
§ 1027. Employees
Status: in_force

It shall be an unfair labor practice for an employee organization or its agents:

(1) To restrain or coerce employees in the exercise of the rights guaranteed to them by law. This subdivision shall not limit the right of an employee organization to prescribe its own rules with respect to the acquisition or retention of membership, provided the rules are not discriminatory.

(2) To restrain or coerce an employer in the selection of a representative for the purpose of collective bargaining or adjustments of grievances.

(3) To cause or attempt to cause an employer to discriminate against an employee in violation of section 1026 of this title or to discriminate against an employee whose membership in the employee organization has been denied or terminated on a ground other than the employee's failure to pay dues or the initiation fees required for membership.

(4) To refuse to bargain collectively with an employer, provided it is the exclusive bargaining representative of the employees.

(5) To engage in, induce, or encourage any individual employed by any person to engage in, a strike or a refusal in the course of employment to use, transport, or otherwise handle or work on any goods, articles, materials, or commodities or to perform an authorized function.

(6) To threaten, coerce, or restrain any person by:

(A) Forcing or requiring any employee to join an employee organization or to enter into an agreement that is prohibited under this chapter.

(B) Forcing or requiring any employer or employee to cease using, handling, transporting, or otherwise dealing in the products of a producer, processor, or manufacturer, or to cease doing business with any other person, in the course of regular State business, or forcing or requiring the employer to recognize or bargain with an employee organization as the representative of the employees unless the employee organization has been certified as the representative of the employees under this chapter.

(C) Forcing or requiring the employer to recognize or bargain with an employee organization as the representative of the employees if another employee organization has been certified as the representative of the employees under this chapter.

(D) Forcing or requiring the employer to assign particular work to employees in a particular position, class, or employee organization rather than to employees in another position, class, or employee organization unless the employer is not conforming to an order of certification of the Board determining the bargaining representative for employees performing that work.

(7) To cause or attempt to cause an employer to pay or deliver or agree to pay or deliver any money or other thing of value for services that are not performed or not to be performed or that are not needed or required by the employer.

(8) To picket or cause to be picketed, or threaten to picket or cause to be picketed, the employer in order to force or require the employer to recognize or bargain with an employee organization as the representative of its employees, or to force or require the employees of an employer to accept or select the employee organization as their collective bargaining representative.

(9) To engage in activities unlawful under section 1012 of this title.

(10) To charge a collective bargaining service fee unless the employee organization has established and maintained a procedure to provide nonmembers with all the following:

(A) an audited financial statement that identifies the major categories of expenses and divides them into chargeable and nonchargeable expenses;

(B) an opportunity to object to the amount of the fee requested and to place in escrow any amount reasonably in dispute; and

(C) prompt arbitration by the Board to resolve any objection over the amount of the collective bargaining service fee.
3 V.S.A. § 108 — VT Code / Title 3 / Chapter 5 / Section 108
§ 108. Compilations, indices, bulletins, and circulars
Status: in_force

The Secretary shall cause to be prepared and printed such compilations of the different chapters of the Vermont Statutes Annotated, and amendments thereto or laws affecting the subject matter thereof, as may be necessary for the purpose of distribution, exchange, or for the use of the respective State officers, commissioners, departments, and citizens of the State. The Secretary may cause such compilations to be provided with the proper indices. He or she shall also cause bulletins or circulars to be prepared and printed relating to statistical and other matters of public nature on file or recorded in his or her office, and may employ necessary assistance for the preparation of such compilations, indices, bulletins, and circulars. The expense of such preparation and publication of such compilations, indices, bulletins, and circulars shall be paid by the State, and the Commissioner of Finance and Management shall issue his or her warrants for such expenses when the accounts therefor have been duly approved by the Secretary. All accounts for printing shall also be approved by the Commissioner of Buildings and General Services before the Commissioner of Finance and Management issues such warrants.
3 V.S.A. § 1044 — VT Code / Title 3 / Chapter 28 / Section 1044
§ 1044. Contract ratification; annual vote
Status: in_force

Annually, the employees of the bargaining unit shall meet and discuss whether employees who have chosen not to join the employee organization shall be allowed to vote on the ratification of any collective bargaining agreement entered into pursuant to this chapter. After discussion, employees that are members of the employee organization shall vote on whether to allow employees who have chosen not to join the employee organization to vote on the ratification of any collective bargaining agreement.
3APPENDIX V.S.A. § 3 — VT Code / Title 3APPENDIX / Chapter 16 / Section 3
§ 16-3. Exec. Order No. 16-3 (No. 13-94) [Vermont Goals 2000 Commission]
Status: in_force

Revoked and rescinded by Executive Order 3-46 (codified as Executive Order No. 06-05), dated September 13, 2005.
3APPENDIX V.S.A. § 6 — VT Code / Title 3APPENDIX / Chapter 20 / Section 6
§ 20-6. Exec. Order No. 20-6 (No. 82-90) [Designation of Vermont State Police as State Clearinghouse for Missing and Exploited Children]
Status: in_force

WHEREAS, the Missing Children's Assistance Act, passed by the United States Congress in 1984, established a National Center for Missing and Exploited Children; and

WHEREAS, the National Center is designed to help in establishing, maintaining and providing support information networks for state clearinghouses on missing and exploited children; and

WHEREAS, a state clearinghouse is necessary in order to maintain records, disseminate information on reported missing children and to assist local, state and federal agencies as well as family members on cases relating to missing and exploiting children; and

WHEREAS, each state clearinghouse serves as a state based extension of the national effort to provide training, education, and public information relating to missing and exploited children; and

WHEREAS, the Vermont General Assembly by enactment of Title 20, chapter 112, has mandated that the Commissioner of the Department of Public Safety cooperate with and support all law enforcement agencies in matters relating to missing persons, and when necessary in order to protect a missing person from harm, to coordinate all efforts to search for the missing person.

NOW, THEREFORE, I, Madeleine M. Kunin, by virtue of the powers vested in me as Governor of the State of Vermont, do hereby designate the Vermont State Police, Department of Public Safety, as the state clearinghouse for missing and exploited children. The Vermont State Police shall contract with the National Center for Missing and Exploited Children and coordinate with other state clearinghouse agencies in order to receive and provide training, education, and public information relating to missing and exploited children.

This Executive Order takes effect upon signing.

Dated January 12, 1990.
3APPENDIX V.S.A. § 23 — VT Code / Title 3APPENDIX / Chapter 29 / Section 23
§ 29-23. Exec. Order No. 29-23 (No. 04-92) [Transfer of Certain Land in Town of Stockbridge From Agency of Natural Resources, Department of Fish and Wildlife to Agency of Transportation]
Status: in_force

WHEREAS, it appears that a portion of certain land in the Town of Stockbridge, County of Windsor, and State of Vermont which is presently under the jurisdiction and control of the Agency of Natural Resources, Department of Fish and Wildlife, is necessary for highway purposes in connection with Highway Project Stockbridge BRF 022-1 (13); and

WHEREAS, the Agency of Transportation is charged with and has the responsibility for planning, constructing, and maintaining all such highways;

NOW THEREFORE, I, Howard Dean, by virtue of the power vested in me as Governor of Vermont do hereby transfer and set over from the Agency of Natural Resources, Department of Fish and Wildlife, to the jurisdiction and control of the Agency of Transportation for the aforesaid purposes the following described lands and easements to wit:

Being part of the same land and premises conveyed to the State of Vermont by Thomas G. Rabeck and Lauren S. Rabeck by Warranty Deed dated April 11, 1978 and recorded in Book 36, Pages 317-319, of the Town of Stockbridge Land Records, and being further described as Parcels #5A and 5B consisting of land and rights therein as shown on Pages 11 and 12 of the plans of Highway Project Stockbridge BRF 022-1 (13) as filed on the 7th day of August, 1991, in the office of the Clerk of the Town of Stockbridge. Said land and rights are more particularly described as follows:

Parcel #5A:

Beginning at a point in the existing southwesterly right-of-way boundary of Vermont Route 107, approximately 33 feet distant southwesterly at right angle from station 13 + 76 of the established centerline (established centerline hereinafter referred to as CL) of said Highway Project;

thence 274 feet, more or less, southeasterly along said existing southwesterly right-of-way boundary of Vermont Route #107, to a point approximately 33 feet distant southwesterly radially from station 16 + 50 of said CL;

thence 51 feet, more or less, northwesterly to a point 42 feet distant southwesterly radially from station 16 + 00 of said CL;

thence 224 feet, more or less, northwesterly and parallel to said CL to a point 42 feet distant southwesterly at right angle from station 13 + 76 of said CL;

thence 9 feet, more or less, northeasterly to the point of beginning;

This parcel of land contains 0.05 acre, more or less.

Parcel #5B:

Beginning at a point in the existing southwesterly right-of-way boundary of Vermont Route #107, approximately 33 feet distant southwesterly at right angle from approximate station 11 + 07 of said CL;

thence 55 feet, more or less, southeasterly along an irregular line to a point in the center of existing Vermont Route #107 at approximate station 11 + 50 on said CL;

thence 575 feet, more or less, southeasterly along the center of existing Vermont Route #107 to a point at approximate station 17 + 25 on said CL;

thence 33 feet, more or less, southwesterly to a point in the existing southwesterly right-of-way boundary of Vermont Route #107, approximately 33 feet distant southwesterly radially from approximate station 17 + 25 of said CL;

thence 618 feet, more or less, northwesterly along the aforesaid existing southwesterly right-of-way boundary of Vermont Route #107 to the point of beginning.

This parcel of land contains 0.45 acre, more or less, and is located within the existing right-of-way of Vermont Route #107.

Also included in this transfer are the following described easements and/or rights:

A temporary easement during the period of construction to enter upon land of the Agency of Natural Resources, Department of Fish and Wildlife, to construct a temporary bridge and detour in an area which contains 0.29 acre, more or less, and is located right of and between approximate stations 9 + 91 and 13 + 50 of said CL.

An easement to extend highway slopes and embankments in an area of 0.08 acre, more or less, and a temporary easement during the period of construction to extend highway slopes and embankments in an area of 0.01 acre, more or less, as shown on Pages 11 and 12 of said filed Highway Project plans.

The slopes and embankments may be extended at such an angle as will hold the material of said slopes in repose against ordinary erosion in accordance with the standard practice of highway construction. The Agency of Transportation shall have the right to remove all trees, logs, stumps, protruding roots, brush, duff and other objectionable materials, structures, growth and any other thing of whatever kind or nature from said slope areas.

A temporary easement during the period of construction to enter upon land of the Agency of Natural Resources, Department of Fish and Wildlife, to construct a drive right of and between approximate stations 11 + 15 and 14 + 00 of said CL.

Temporary easements during the period of construction to enter upon land of the Agency of Natural Resources, Department of Fish and Wildlife, for construction purposes, including the right to cut and dispose of all trees, down timber, stubs, brush, bushes, and debris, in an area which contains 0.03 acre, more or less, and is located right of and between approximate stations 14 + 03 and 15 + 40 of said CL; and in an area which contains 0.01 acre, more or less, and is located right of and between approximate stations 15 + 69 and 16 + 50 of said CL.

Included in this transfer is all right, title, and interest the Agency of Natural Resources, Department of Fish and Wildlife, has in and to any land which is located within the existing right-of-way of Vermont Route #107 between the northerly boundary of Parcel #5B and the center of the Tweed River.

Dated February 25, 1992.
3 V.S.A. § 815 — VT Code / Title 3 / Chapter 25 / Section 815
§ 815. Judicial review of contested cases
Status: in_force

(a) A person who has exhausted all administrative remedies available within the agency and who is aggrieved by a final decision in any contested case may appeal that decision to the Supreme Court, unless some other court is expressly provided by law. However, a preliminary, procedural, or intermediate agency action or ruling is immediately appealable under those rules if review of the final decision would not provide an adequate remedy, and the filing of the appeal does not itself stay enforcement of the agency decision. The agency may grant, or the reviewing court may order, a stay upon appropriate terms.

(b) If, before the date set for court hearing, application is made to the Court for leave to present additional evidence, and it is shown to the satisfaction of the Court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the agency, the Court may order that the additional evidence be taken before the agency upon conditions determined by the Court. The agency may modify its findings and decisions by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court.

(c) If the final decision of an agency is expressly provided by law to be reviewable in Superior Court or in the Supreme Court, such review shall be commenced by filing a notice of appeal pursuant to V.R.C.P. 74 or V.R.A.P. 13, as appropriate.
3APPENDIX V.S.A. § 15 — VT Code / Title 3APPENDIX / Chapter 3 / Section 15
§ 3-15. Exec. Order No. 3-15 (No. 70-89) [Abolition of Office on Aging and Transfer of Functions of Certain Divisions to and Establishment of Department of Rehabilitation and Aging]
Status: in_force

Revoked and rescinded by Executive Order 10-09 (codified as Executive Order No. 3-50), dated December 23, 2009.
3 V.S.A. § 5023 — VT Code / Title 3 / Chapter 69 / Section 5023
§ 5023. Repealed. 2021, No. 132 (Adj. Sess.), § 5, eff. June 30, 2027
Status: repealed

(a) Advisory Council. There is established the Artificial Intelligence Advisory Council to provide advice and counsel to the Director of the Division of Artificial Intelligence with regard to the Division's responsibilities to review all aspects of artificial intelligence systems developed, employed, or procured in State government. The Council, in consultation with the Director of the Division, shall also engage in public outreach and education on artificial intelligence.

(b) Members.

(1) Members. The Advisory Council shall be composed of the following members:

(A) the Secretary of Digital Services or designee;

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

(C) the Commissioner of Public Safety or designee;

(D) the Executive Director of the American Civil Liberties Union of Vermont or designee;

(E) one member who is an expert in constitutional and legal rights, appointed by the Chief Justice of the Supreme Court;

(F) one member with experience in the field of ethics and human rights, appointed by the Governor;

(G) one member who is an academic at a postsecondary institute, appointed by the Vermont Academy of Science and Engineering;

(H) the Commissioner of Health or designee;

(I) the Executive Director of Racial Equity or designee; and

(J) the Attorney General or designee.

(2) Chair. Members of the Advisory Council shall elect by majority vote the Chair of the Advisory Council. Members of the Advisory Council shall be appointed on or before August 1, 2022 in order to prepare as they deem necessary for the establishment of the Advisory Council, including the election of the Chair of the Advisory Council.

(3) Qualifications. Members shall be drawn from diverse backgrounds and, to the extent possible, have experience with artificial intelligence.

(c) Meetings. The Advisory Council shall meet at the call of the Chair as follows:

(1) on or before January 31, 2024, not more than 12 times; and

(2) on or after February 1, 2024, not more than monthly.

(d) Quorum. A majority of members shall constitute a quorum of the Advisory Council. Once a quorum has been established, the vote of a majority of the members present at the time of the vote shall be an act of the Advisory Council.

(e) Assistance. The Advisory Council shall have the administrative and technical support of the Agency of Digital Services.

(f) Reimbursement. Members of the Advisory Council who are not employees of the State of Vermont and who are not otherwise compensated or reimbursed for their attendance shall be entitled to compensation and expenses as provided in 32 V.S.A. § 1010.

(g) Consultation. The Advisory Council shall consult with any relevant national bodies on artificial intelligence, including the National Artificial Intelligence Advisory Committee established by the Department of Commerce, and its applicability to Vermont.

(h) Repeal. This section shall be repealed on June 30, 2027.
3 V.S.A. § 1226 — VT Code / Title 3 / Chapter 31 / Section 1226
§ 1226. Commission reports
Status: in_force

(a) Annually, on or before November 15, the following entities shall report to the State Ethics Commission aggregate data on ethics complaints not submitted to the Commission, with the complaints separated by topic, and the disposition of those complaints, including any prosecution, enforcement action, or dismissal:

(1) the office of the Attorney General and State's Attorneys' offices, of alleged violations of governmental conduct regulated by law and associated crimes and including campaign finance requirements;

(2) the Department of Human Resources, of complaints alleging conduct that violates the ethical provisions of the Department of Human Resources Personnel Policy and Procedure Manual or of the State Code of Ethics;

(3) the Senate Ethics Panel, of alleged unethical conduct committed by State Senators;

(4) the House Ethics Panel, of alleged unethical conduct committed by State Representatives;

(5) the Judicial Conduct Board, of alleged unethical conduct committed by a judicial officer;

(6) the Professional Responsibility Board, of alleged unethical conduct committed by an attorney employed by the State; and

(7) the Office of the State Court Administrator, of complaints alleging conduct that violates the ethical provisions of the Judicial Branch Personnel Policy or of the State Code of Ethics, including for attorneys employed by the State.

(b) Annually, on or before January 15, the State Ethics Commission shall report to the General Assembly regarding the following issues:

(1) Complaints.

(A) The number and a summary of the complaints made to the Commission, separating the complaints by topic, and the disposition of those complaints, including any prosecution, enforcement action, or dismissal. This summary of complaints shall not include any personal identifying information.

(B) The number and a summary of the complaints data received by the Commission pursuant to subsection (a) of this section.

(2) Guidance and training.

(A) Guidance. The number of requests for and a summary of the guidance the Executive Director provided, separating the guidance by topic. This summary of guidance shall not include any personal identifying information.

(B) Training. An estimate of the number of Code of Ethics trainings conducted by each branch of government, a summary of the training activities undertaken by the Ethics Commission, and a summary of any recommendations the Commission or the Executive Director made to any branch of State government regarding additional training or more in-depth training for particular provisions of the Code of Ethics.

(3) Recommendations. Any recommendations for legislative action to address State governmental ethics or provisions of campaign finance law.
3APPENDIX V.S.A. § 5 — VT Code / Title 3APPENDIX / Chapter 5 / Section 5
§ 5-5. Exec. Order No. 5-5 (No. 12-03) [Vermont Transportation Operations Council]
Status: in_force

Revoked and rescinded by Executive Order No. 3-50 (codified as Executive Order 10-09), dated December 23, 2009.
3APPENDIX V.S.A. § 17 — VT Code / Title 3APPENDIX / Chapter 10 / Section 17
§ 10-17. Exec. Order No. 10-17 (No. 05-92) [Governor's Council of Environmental Advisors]
Status: in_force

Rescinded by Executive Order No. 10-37 (codified as Executive Order 01-11), dated March 30, 2011.
3APPENDIX V.S.A. § 28 — VT Code / Title 3APPENDIX / Chapter 29 / Section 28
§ 29-28. Exec. Order No. 29-28 (No. 01-01) [Transfer of Property in Rutland from Military Department to Agency of Administration, Department of State Buildings and General Services]
Status: in_force

WHEREAS, it appears that certain land and premises located on Pierpoint Avenue in the City of Rutland, County of Rutland and State of Vermont, hereinafter described and presently under the jurisdiction and control of the Military Department, State of Vermont, currently used as a military maintenance facility; and

WHEREAS, certain land was obtained by the Military Department, located in Fair Haven, Vermont, and the Military Department is in the process of constructing a new military maintenance facility at that location; and

WHEREAS, once the Fair Haven Maintenance facility is completed, anticipated completion date to be by the end of year 2001, the land and premises located in the City of Rutland, County of Rutland, State of Vermont, will no longer be necessary for the purposes of the Military Department; and

WHEREAS, the Agency of Administration, Department of State Buildings and General Services, desires the use of said land and premises for its purposes.

NOW, THEREFORE, BE IT RESOLVED, that I, Howard Dean, by virtue of the power vested in me as Governor, do hereby transfer and set over from the Military Department to the jurisdiction and control of the Agency of Administration Department of Buildings and General Services for its purposes, the date of transfer of possession to be upon completion of the Fair Haven, Vermont, maintenance facility, the following described land and premises, to wit:

Being part of the same land and premises acquired by the State of Vermont from Evelyn Pierpoint, et al. by Warranty Deed dated June 29, 1877, and recorded in Book 36, Pages 657-658 of the City of Rutland Land Records. It is also the same land and premises transferred from the Agency of Administration, Department of Buildings to the Military Department by Executive Order No. 23-86 and being more particularly described as follows:

Beginning at a point marked with a stone bound on the easterly sideline of Pierpoint Avenue approximately 685 feet northerly of the center line of State Street, which now marks the division line between the lands of the State of Vermont and the land herein described, thence running northerly along a bearing of N 1°13′09″ E a distance of 295.0 feet to an Iron Pin set flush (IPSF), thence running in a northerly direction along an arc of a circle with a radius of 692.05′ curving to the right an arc distance of 221.14 l.f. along the easterly boundary of Pierpoint Avenue, the chord of said arc running N 10°22′21″ E for a distance of 220.19 feet, thence running N 19°31′38″ E for a distance of 29.59 feet, thence continuing in a northerly direction along an arc of a circle with a radius of 1170.75 feet curving to the left an arc distance of 130.50 feet along the easterly boundary of Pierpoint Avenue, the chord of such arc running N 16°19′59″ E for a distance of 130.43 feet to an Iron Pin Set Flush, thence turning a sharp angle to the right and running S 35°25′24″ E for a distance of 561.03 feet to a point in the East Creek (this line is the division line of property deeded to the City of Rutland by the State, June 9, 1956, and recorded in BK 103, PG. 117, and land therein described), thence turning a sharp angle to the right and running S 32°58′31″ W for a distance of 8.41 feet to a point in the East Creek, thence turning a slight angle to the left and running S 20°20′40″ W for a distance of 194.37 feet to a point, thence turning a slight angle to the left and running S 13°52′20″ W for a distance of 25.00 feet more or less to a point in East Creek, thence turning a sharp angle to the right and running N 87°37′40″ W for a distance of 340.0 feet more or less to the point of beginning.

The parcel therein described contains approximately 4.15 acres, more or less.

FURTHER, the Military Department shall remain responsible for maintenance and any expenses relating to the above described land and premises until such time as it vacates the property and turns possession over to the Agency of Administration Department of Buildings and General Services. In addition, the Military Department shall transfer all property records and files, relating to the above described land and premises, to the Agency of Administration Department of Buildings and General Services at the time possession of said property is transferred to that Agency.

This Executive Order shall take effect upon execution.

Dated January 8, 2001.
3 V.S.A. § 573 — VT Code / Title 3 / Chapter 19 / Section 573
§ 573. Federal-State agreement; interstate instrumentalities
Status: in_force

(a) The State agency, with the approval of the Governor, is hereby authorized to enter on behalf of the State into an agreement with the Secretary of Health and Human Services, consistent with the terms and provisions of this chapter, for the purpose of extending the benefits of the federal Old Age and Survivors Insurance System to employees of the State or any political subdivision thereof with respect to services specified in such agreement that constitute “employment” as defined in section 572 of this title. Such agreement may contain such provisions relating to coverage, benefits, contributions, effective date, modification, and termination of the agreement, administration, and other appropriate provisions as the State agency and Secretary of Health and Human Services shall agree upon, but, except as may be otherwise required by or under the Social Security Act as to the services to be covered, such agreement shall provide in effect that:

(1) Benefits will be provided for employees whose services are covered by the agreement and their dependents and survivors on the same basis as though such services constituted employment within the meaning of Title II of the Social Security Act;

(2) The State will pay to the Secretary of the Treasury, at such time or times as may be prescribed under the Social Security Act, contributions with respect to wages (as defined in section 572 of this title), equal to the sum of the taxes that would be imposed by the federal Insurance Contributions Act if the services covered by the agreement constituted employment within the meaning of that Act;

(3) Such agreement or any modification of such agreement shall be effective with respect to services in employment covered by the agreement or any modification of such agreement after the date specified therein in accordance with Section 218 of the Social Security Act;

(4) All services that constitute employment as defined in section 572 of this title and are performed in the employ of the State by employees of the State, shall be covered by the agreement;

(5) All services that (A) constitute employment as defined in section 572 of this title; (B) are performed in the employ of a political subdivision of the State; and (C) are covered by a plan that is in conformity with the terms of the agreement and has been approved by the State agency under section 575 of this title, shall be covered by the agreement;

(6) As modified, the agreement shall include all services described in either subdivision (4) or subdivision (5) of this subsection and performed by individuals to whom Section 218(c)(3)(C) of the Social Security Act is applicable, and shall provide that the service of any such individual shall not continue to be covered by the agreement in case he or she thereafter becomes eligible to be a member of a Retirement System except as provided by subdivision (7) hereof; and

(7) As modified, the agreement shall include all services described in either subdivision (4) or subdivision (5) of this subsection and performed by individuals in positions covered by a Retirement System with respect to which the Governor has issued a certificate to the Secretary of Health and Human Services pursuant to subsection 578(b) of this title.

(b) Any instrumentality jointly created by this State and any other state or states is hereby authorized, upon the granting of like authority by such other state or states, (1) to enter an agreement with the Secretary of Health and Human Services whereby the benefits of the federal Old Age and Survivors Insurance System shall be extended to employees of such instrumentality; (2) to require its employees to pay (and for that purpose to deduct from their wages) contributions equal to the amounts that they would be required to pay under subsection 574(a) of this title if they were covered by an agreement made pursuant to subsection (a) of this section; and (3) to make payments to the Secretary of the Treasury in accordance with such agreement, including payments from its own funds, and otherwise to comply with such agreements. Such agreement shall, to the extent practicable, be consistent with the terms and provisions of subsection (a) and other provisions of this chapter.
3APPENDIX V.S.A. § 9 — VT Code / Title 3APPENDIX / Chapter 20 / Section 9
§ 20-9. Exec. Order No. 20-9 (No. 04-95) [Declaration of State of Emergency for Caledonia, Chittenden, Essex, Lamoille, Orleans and Washington Counties]
Status: in_force

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.