30 V.S.A. § 5031 — VT Code / Title 30 / Chapter 84 / Section 5031
§ 5031. Bonds and notes
Status: in_force

(a)(1) The Authority may issue its negotiable notes and bonds in such principal amount as the Authority determines to be necessary to provide sufficient funds for achieving any of its corporate purposes, including the payment of interest on notes and bonds of the Authority, establishment of reserves to secure the notes and bonds, and all other expenditures of the Authority incident to and necessary or convenient to carry out its corporate purposes and powers. Without limiting the generality of the foregoing, such bonds and notes may be issued for project costs, or the Authority's share of costs of projects, which may include:

(A) interest prior to and during the carrying out of any project and for a reasonable period thereafter;

(B) prepayments under contracts for the purchase of capacity and output;

(C) reserves for debt service or other capital or current expenses as may be required by a trust agreement or resolution securing bonds and notes; and

(D) all other expenses incidental to the determination of the feasibility of any project or to carrying out the project or to placing the project in operation.

(2) The Authority shall have the power, from time to time, to issue notes, to renew notes and bonds, to pay notes, including the interest on them and, whenever it deems refunding expedient, to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and to issue bonds partly to refund bonds then outstanding and partly for any of its corporate purposes.

(3) Except as may otherwise be expressly provided by resolution of the Authority, every issue of its notes and bonds shall be general obligations of the Authority payable out of any revenues or monies of the Authority, subject only to any agreements with the holders of particular notes or bonds pledging any particular revenues.

(4) Bonds and notes may be issued in accordance with this chapter, without the need to obtain the consent and approval of the Public Utility Commission as provided in this title.

(5) The notes and bonds shall be authorized by resolution or resolutions of the Authority, shall bear such date or dates, and shall mature at such time or times as the resolution or resolutions may provide. The bonds may be issued as serial bonds payable in annual installments or as term bonds or as a combination of them. The resolution or resolutions may provide that the notes and bonds bear interest at a given rate or rates, be in certain denominations, be in temporary, coupon, or registered form, carry certain registration privileges, be executed in a given manner, be payable in a given medium of payment, at a place or places within or outside the State, and be subject to specified terms of redemption. The Authority may participate in any state or federally created or supported bond programs. The notes and bonds of the Authority may be sold by the Authority, at public or private sale, at such price or prices as the Authority shall determine.

(b) Any resolution or resolutions authorizing any notes or bonds or any issue of them may contain provisions, which shall be a part of the contract or contracts with the bond or noteholders as to:

(1) pledging, mortgaging, or granting a security interest in any real or personal property and all or any part of the revenues of the Authority, of any project, or any revenue producing contract made by the Authority with any person to secure the payment of the notes or bonds or of any issue of them subject to such agreements with noteholders or bondholders as may then exist;

(2) the custody, collection securing, investment, and payment of any revenues, assets, money, funds, or property with respect to which the Authority may have any rights or interest;

(3) the rates or charges for electric energy sold by, or services rendered by, the Authority, the amount to be raised by the rates or charges, and the use and disposition of any or all revenue;

(4) the setting aside of reserves or sinking funds and their regulation and disposition;

(5) limitations on the purpose to which the proceeds of sale of notes or bonds may be applied and pledging the proceeds to secure the payment of the notes or bonds or of any issue of them;

(6) limitations on the issuance of additional notes or bonds; the terms upon which additional notes or bonds may be issued and secured; and the refunding of outstanding or other notes or bonds;

(7) the procedure, if any, by which the terms of any contract with noteholders or bondholders may be amended or abrogated, the amount of notes or bonds the holders of which must consent thereto, and the manner in which consent may be given;

(8) vesting in a trustee or trustees, within or outside the State, such property, rights, powers, and duties in trust as the Authority may determine, which may include any or all of the rights, powers, and duties of the trustee appointed by the bondholders pursuant to this chapter and limiting or abrogating the right of the bondholders to appoint a trustee under this chapter or limiting the rights, powers, and duties of the trustee;

(9) defining the acts or omissions to act that shall constitute a default in the obligations and duties of the Authority to the holders of the notes or bonds and providing for the rights and remedies of the holders of the notes or bonds in the event of such default, including as a matter of right the appointment of a receiver; provided, however, that the rights and remedies shall not be inconsistent with the general laws of the State and other provisions of this chapter; and

(10) any other matters, of like or different character, that in any way affect the security or protection of the holders of the notes or bonds.

(c) Any pledge made by the Authority shall be valid and binding from the time when the pledge is made; the revenues, monies, or property so pledged and thereafter received by the Authority shall immediately be subject to the lien of the pledge without any physical delivery of it or further act. That pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the Authority, irrespective of whether those parties have notice of it.

(d) Neither the directors nor executive officers of the Authority nor any other person executing the notes or bonds shall be subject to any personal liability or accountability by reason of the issuance of the notes or bonds.

(e) The Authority, subject to whatever agreement with noteholders or bondholders as may then exist, shall have power out of any funds available for that purpose to purchase notes or bonds of the Authority, which shall then be cancelled, at a price not exceeding:

(1) if the notes or bonds are then redeemable, the redemption price then applicable plus accrued interest to the next interest payment on them; or

(2) if the notes or bonds are not then redeemable, the redemption price applicable on the first date after the purchase upon which the notes or bonds become subject to redemption plus accrued interest to that date.

(f) In the discretion of the Authority, the notes or bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the power of a trust company within or outside the State. The trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the noteholders or bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the exercise of its corporate powers and the custody, safeguarding, and application of all monies. The Authority may provide by the trust indenture for the payment of the proceeds of the notes or bonds and the revenues to the trustee under the trust indenture or other depository, and for the method of disbursement, with such safeguards and restrictions as it may determine. All expenses incurred in carrying out the trust indenture may be treated as a part of the operating expenses of the Authority. If the notes or bonds shall be secured by a trust indenture, the noteholders and bondholders shall have no authority to appoint a separate trustee to represent them.

(g) Any law to the contrary notwithstanding, a bond or note issued under this chapter is fully negotiable for all purposes of 9A V.S.A. § 1—101 et seq., and each holder or owner of a bond or note, or of any coupon appurtenant to a bond or note, by accepting the bond or note or coupon shall be conclusively deemed to have agreed that the bond, note, or coupon is fully negotiable for those purposes.

(h) Any provision of this chapter or of any other law or any recitals in any bonds or notes issued under this chapter to the contrary notwithstanding, all bonds, notes, and interest coupons appertaining to them issued by the Authority shall have and are hereby declared to have all the qualities and incidents, including negotiability, of investment securities under 9A V.S.A. § 1—101 et seq., but no provision of those sections respecting the filing of a financing statement to perfect a security interest shall be applicable to any pledge made or security interest created in connection with the issuance of the bonds, notes, or coupons.

(i) In the case any of the directors or executive officers of the Authority whose signatures appear on any notes or bonds or coupons shall cease to be directors or executive officers before the delivery of such notes or bonds, the signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if those directors or executive officers had remained in office until that delivery.
30 V.S.A. § 7057 — VT Code / Title 30 / Chapter 87 / Section 7057
§ 7057. Enterprise communications system
Status: in_force

Any enterprise communications system shall provide to those end users the same level of 911 service that other end users receive and shall provide ANI signaling, station identification data, including dispatchable location, and updates to Enhanced 911 databases under rules adopted by the Board. The Board may waive the provisions of this section for any enterprise communications system, provided that in the judgment of the Board, the owner of the system is actively engaged in becoming compliant with this section, is likely to comply with this section in a reasonable amount of time, and will do so in accordance with standards and procedures adopted by the Board by rule.
30 V.S.A. § 228 — VT Code / Title 30 / Chapter 5 / Section 228
§ 228. Copy of schedules
Status: in_force

Each company, subject to the provisions of this chapter, shall keep on file in every station or office thereof where payments are made by consumers or users a copy printed in plain type of so much of its schedules as the Commission shall deem necessary. Such copy shall be in such form and place as to be readily accessible to inspection by the public.
30 V.S.A. § 5012 — VT Code / Title 30 / Chapter 84 / Section 5012
§ 5012. General powers and duties
Status: in_force

The Authority shall have all of the powers necessary and convenient to carry out this chapter, including those general powers provided a business corporation by 11A V.S.A. § 3.02, and including the power:

(1) To receive, administer, and comply with the conditions and requirements respecting any gift, grant, donation, or appropriation of any property or money.

(2) To acquire by purchase, lease, gift, or otherwise, or to obtain options for the acquisition of any property, real or personal, improved or unimproved, tangible or intangible, including an interest in land of less than the fee.

(3) To sell, lease, mortgage, exchange, transfer, or otherwise dispose of any real or personal property or interest in them, or to grant options for any of those purposes.

(4) To pledge or assign any money, fees, charges, or other revenues of the Authority and any proceeds derived by the Authority from the sale of property, or from insurance or condemnation awards.

(5) To employ personnel who shall serve at the pleasure of the directors.

(6) To borrow money and issue its notes and bonds as provided in this chapter.

(7) To purchase electric power and energy, including all or a portion of the capacity and output of one or more specific projects.

(8) To sell electric power and energy and other products of projects to other utilities within the State, and to any person or utility outside the State. These other utilities are authorized to purchase electric power and energy sold by the Authority; provided, however, that nothing in this chapter shall be construed to authorize resale of electric power and energy purchased from the Authority except as otherwise authorized by law.

(9) To enter into joint ownership contracts and tenancies in common with any Vermont utility, whether or not such utility is a member of the Authority. With the consent of the Authority, utilities that are not members of the Authority shall be eligible to participate in projects sponsored by the Authority.

(10) To contract for the use of transmission and distribution facilities owned by others for the delivery to purchasers of electric power and energy sold by the Authority. These other owners are authorized to enter into these contracts with the Authority.

(11) To contract with respect to the purchase, sale, delivery, exchange, interchange, wheeling, pooling, transmission, or use of electric power and energy and to otherwise participate in intrastate, interstate, and international arrangements with respect to those matters, including a New England power pool as defined by chapter 14 of this title, except that this power shall not be exercised so as to conflict with or diminish in any way the powers and obligations of the Public Utility Commission under this title regarding planning and entering into agreements for the supply of electric power and energy.

(12) Jointly with utilities or on its own, to plan, finance, acquire, construct, improve, purchase, operate, maintain, use, share costs of, own, lease, sell, dispose of, or otherwise participate in projects or portions of projects, the product or service from them, securities or obligations issued or incurred in connection with the financing of them, or research and development relating to them, within or outside the State. It may also enter into and perform contracts with any person with respect to the foregoing. If the Authority acquires or owns an interest as a tenant in common with others in any projects within the State, the surrender or waiver by the other property owner of its right to partition the property for a period not exceeding the period for which the property is used or useful for electric utility purposes shall not be invalid and unenforceable by reason of length of the period, or as unduly restricting the alienation of such property.

(13) To apply to the appropriate agencies of the State, other states, the United States, and to any other proper agency for permits, licenses, certificates, or approvals that may be necessary, and to construct, maintain, and operate projects in accordance with these licenses, permits, certificates, or approvals.

(14) To apply and contract for and to expend assistance from the United States or other sources, whether in form of a grant or loan or otherwise.

(15) To enter into a contract or contracts to provide all requirements service, as defined in section 4002a of this title, with some or all of its member systems, upon receipt by the systems entering into such contract of the approvals required by section 4002a.

(16) Upon entry into a contract with member systems pursuant to subdivision (15) of this section, to seek and obtain approval, in its own name, for projects and contracts otherwise requiring approval under section 248 or 2902 of this title.

(17) To make and execute all contracts and agreements and other instruments necessary or convenient in the exercise of the powers and functions of the Authority under this chapter.

(18) To enter into contracts determined by the Authority to be useful for the prudent management of its assets, purchases, funds, debts, or fuels, including interest rate or other swaps, option contracts, future contracts, forward purchase contracts, hedging contracts, and leases or other risk management instruments to the full extent that a business corporation is authorized to enter into such contracts.

(19) To acquire stock, shares, securities, membership units, or other equity or participation interests in entities that directly or indirectly construct, own, or operate electric generation or transmission facilities within or outside the State to the full extent that a business corporation is authorized to acquire such interests.

(20) To do all things necessary, convenient, or desirable to carry out the purposes of this chapter or the powers expressly granted or necessarily implied in this chapter.
30 V.S.A. § 213 — VT Code / Title 30 / Chapter 5 / Section 213
§ 213. Interchange of electric facilities; power shortage
Status: in_force

The Public Utility Commission, in the interest of public necessity, is hereby empowered to order, in writing, a company engaged in the manufacture, transmission, distribution, or sale of electricity directly to the public or to be used ultimately by the public for lighting, heating, or power, to transport electric energy over its transmission or distribution facilities at a reasonable service charge and in such manner as the Commission shall direct when such transmission will alleviate an electric power shortage within this State.
30 V.S.A. § 20 — VT Code / Title 30 / Chapter 1 / Section 20
§ 20. Particular proceedings and activities; personnel
Status: in_force

(a)(1) The Commission or the Department of Public Service may authorize or retain legal counsel, official stenographers, expert witnesses, advisors, temporary employees, and other research, scientific, or engineering services:

(A) To assist the Commission or Department in any proceeding listed in subsection (b) of this section.

(B) To monitor compliance with any formal opinion or order of the Commission.

(C) In proceedings under section 248 of this title, to assist other State agencies that are named parties to the proceeding where the Commission or Department determines that they are essential to a full consideration of the petition, or for the purpose of monitoring compliance with an order resulting from such a petition.

(D) In addition to the services in subdivisions (1)(A)-(C) of this subsection (a), in proceedings under subsection 248(h) of this title, by contract with the regional planning commission of the region or regions affected by a proposed facility, to assist in determining conformance with local and regional plans and to obtain the commission's data, analysis, and recommendations on the economic, environmental, historic, or other impact of the proposed facility in the region.

(E) To assist in monitoring the ongoing and future reliability and the postclosure activities of any nuclear generating plant within the State. In this section, “postclosure activities” includes planning for and implementation of any action within the State's jurisdiction that shall or will occur when the plant permanently ceases generating electricity.

(2) The Agency of Natural Resources may authorize or retain legal counsel, official stenographers, expert witnesses, advisors, temporary employees, and other research, scientific, or engineering services to:

(A) Assist the Agency of Natural Resources in any proceeding under section 248 of this title.

(B) Monitor compliance with an order issued under section 248 of this title.

(C) Assist the Commission or the Department of Public Service in any proceedings described in subdivisions (b)(9)(Federal Energy Regulatory Commission) and (11)(Nuclear Regulatory Commission) of this section. Allocation of Agency of Natural Resources costs under this subdivision (C) shall be in the same manner as provided under subdivisions (b)(9) and (11) of this section. The Agency of Natural Resources shall report annually to the Joint Fiscal Committee all costs incurred and expenditures charged under the authority of this subsection (a) with respect to proceedings under subdivision (b)(9) of this section and the purpose for which such costs were incurred and expenditures made.

(D) Assist in monitoring the postclosure activities of any nuclear generating plant within the State.

(3) The Department of Health may authorize or retain legal counsel, official stenographers, expert witnesses, advisors, temporary employees, and other research, scientific, or engineering services to assist in monitoring the postclosure activities of any nuclear generating plant within the State.

(4) The Department of Public Safety, Division of Emergency Management and Homeland Security may authorize or retain legal counsel, official stenographers, expert witnesses, advisors, employees, and other research, scientific, or engineering services, or other planning expenses to assist in monitoring the postclosure activities of any nuclear generating plant within the State.

(5) The Agency of Agriculture, Food and Markets may authorize or retain legal counsel, official stenographers, expert witnesses, advisors, temporary employees, and other research, scientific, or engineering services to:

(A) assist the Agency of Agriculture, Food and Markets in any proceeding under section 248 of this title; or

(B) monitor compliance with an order issued under section 248 of this title.

(6) The personnel authorized by this section shall be in addition to the regular personnel of the Commission or the Department of Public Service or other State agencies; and in the case of the Department of Public Service or other State agencies may be retained only with the approval of the Governor and after notice to the applicant or the company or companies involved. The Commission or the Department of Public Service shall fix the amount of compensation and expenses to be paid such additional personnel, except that the Agency of Natural Resources, the Department of Health, the Department of Public Safety, Division of Emergency Management and Homeland Security, or the Agency of Agriculture, Food and Markets, respectively, shall fix the amount of compensation and expenses to be paid to additional personnel that it retains under subdivision (2), (3), (4), or (5) of this subsection.

(b) Proceedings, including appeals, for which additional personnel may be retained are:

(1) Hearings resulting from a utility request to seek an increase in its rates, tolls, or charges, including hearings resulting from complaints against the proposed increase.

(2) Hearings resulting from a petition by a utility or a person operating a utility to issue stock, bonds, notes, or other evidences of indebtedness for which the approval of the Commission is required by law.

(3) Hearings resulting from a petition for a merger, consolidation, or acquisition for which the approval of the Commission is required by law.

(4) Hearings resulting from a petition for a certificate of public good.

(5) Hearings resulting from a petition to acquire property through the exercise of eminent domain under section 110 et seq. of this title.

(6) Hearings resulting from an investigation initiated by the Commission or resulting from a petition brought by the Department.

(7) Proceedings under chapter 13 of this title relating to regulation of cable television systems, provided that due regard shall be taken of a cable television company's size and gross operating revenues.

(8) Hearings resulting from opinions requested under subsection 248(h) of this title.

(9) Proceedings at the Federal Energy Regulatory Commission that involve Vermont utilities or that may affect the interests of the State of Vermont. Costs under this subdivision shall be charged to the involved electric or natural gas companies pursuant to subsection 21(a) of this title. In cases where the proceeding is generic in nature, the costs shall be allocated to electric or natural gas companies in proportion to the benefits sought for the customers of such companies from such advocacy. The Public Utility Commission and the Department of Public Service shall report quarterly to the Joint Fiscal Committee all costs incurred and expenditures charged under the authority of this subsection, and the purpose for which such costs were incurred and expenditures made.

(10) Proceedings under the federal Telecommunications Act of 1996.

(11) Proceedings at the Nuclear Regulatory Commission that involve Vermont utilities or that may affect the interests of the State of Vermont. Costs under this subdivision shall be charged to the involved electric companies pursuant to subsection 21(a) of this title. In cases where the proceeding is generic in nature, the costs shall be allocated to electric companies in proportion to the benefits sought for the customers of such companies from such advocacy.

(12) Proceedings at the U.S. Bankruptcy Court that involve Vermont utilities or that may affect the interests of the State of Vermont. Costs under this subdivision shall be charged to the involved utilities pursuant to subsection 21(a) of this title. In cases where the proceeding is generic in nature, the costs shall be allocated to utilities in proportion to the benefits sought for the customers of such companies from such advocacy.

(13) Proceedings before the Federal Communications Commission or related forums that involve Vermont utilities or that may affect the interests of the State of Vermont. Costs under this subdivision shall be charged, pursuant to subsection 21(a) of this title, to the companies providing telecommunications services on a common carrier basis. In cases where the proceeding is generic in nature, the costs shall be allocated to companies in proportion to the benefits sought for their customers from such advocacy.

(14) Proceedings before the Federal Communications Commission or related forums that involve a company that owns a cable television system holding a certificate of public good and delivering services in Vermont or that may affect the interests of the State of Vermont. Costs under this subdivision shall be charged to the company pursuant to subsection 21(a) of this title. In cases where the proceeding is generic in nature, the costs shall be allocated to companies in proportion to the benefits sought for their customers from such advocacy.

(15) Proceedings before any State or federal court concerning a company holding or a facility subject to a certificate issued under this title if the proceedings may affect the interests of the State of Vermont. Costs under this subdivision (15) shall be charged to the involved company pursuant to subsection 21(a) of this title. In cases where the proceeding is generic in nature, the costs shall be allocated to companies in proportion to the benefits sought for their customers from such advocacy.

(c) Persons employed by the State are competent to be designated to act for the same purposes and in lieu of or in conjunction with additional personnel retained under this section. However, when so acting, they shall not receive compensation in addition to their regular pay.
30 V.S.A. § 248a — VT Code / Title 30 / Chapter 5 / Section 248a
§ 248a. Certificate of public good for communications facilities
Status: in_force

(a) Certificate. Notwithstanding any other provision of law, if the applicant seeks approval for the construction or installation of telecommunications facilities that are to be interconnected with other telecommunications facilities proposed or already in existence, the applicant may obtain a certificate of public good issued by the Public Utility Commission under this section, which the Commission may grant if it finds that the facilities will promote the general good of the State consistent with subsection 202c(b) of this title. A single application may seek approval of one or more telecommunications facilities. An application under this section shall include a copy of each other State and local permit, certificate, or approval that has been issued for the facility under a statute, ordinance, or bylaw pertaining to the environment or land use.

(b) Definitions. As used in this section:

(1) “Ancillary improvements” means telecommunications equipment and site improvements that are primarily intended to serve a telecommunications facility, including wires or cables and associated poles to connect the facility to an electric or communications grid; fencing; equipment cabinets or shelters; emergency backup generators; and access roads.

(2) “De minimis modification” means the addition, modification, or replacement of telecommunications equipment, antennas, or ancillary improvements on a telecommunications facility or existing support structure, whether or not the structure was constructed as a telecommunications facility, or the reconstruction of such a facility or support structure, provided:

(A) the height and width of the facility or support structure, excluding equipment, antennas, or ancillary improvements, are not increased;

(B) the total amount of impervious surface, including access roads, surrounding the facility or support structure is not increased by more than 300 square feet;

(C) the addition, modification, or replacement of an antenna or any other equipment on a facility or support structure does not extend vertically more than 10 feet above the facility or support structure and does not extend horizontally more than 10 feet from the facility or support structure; and

(D) the additional equipment, antennas, or ancillary improvements on the support structure, excluding cabling, does not increase the aggregate surface area of the faces of the equipment, antennas, or ancillary improvements on the support structure by more than 75 square feet.

(3) “Good cause” means a showing of evidence that the substantial deference required under subdivision (c)(2) of this section would create a substantial shortcoming detrimental to the public good or the State's interests in section 202c of this title.

(4)(A) “Limited size and scope” means:

(i) a new telecommunications facility, including any ancillary improvements, that does not exceed 140 feet in height; or

(ii) an addition, modification, replacement, or removal of telecommunications equipment at a lawfully constructed telecommunications facility or on an existing support structure, and ancillary improvements, that would result in a facility of a total height of less than 200 feet and does not increase the width of the existing support structure by more than 20 feet.

(B) For construction described in subdivision (3)(A) of this subsection (b) to be of limited size and scope, it shall not disturb more than 10,000 square feet of earth. As used in this subdivision (B), “disturbed earth” means the exposure of soil to the erosive effects of wind, rain, or runoff.

(5) “Substantial deference” means that the plans and recommendations referenced under subdivision (c)(2) of this section are presumed correct, valid, and reasonable.

(6) “Telecommunications facility” means a communications facility that transmits and receives signals to and from a local, State, national, or international network used primarily for two-way communications for commercial, industrial, municipal, county, or State purposes and any associated support structure that is proposed for construction or installation that is primarily for communications purposes and any ancillary improvements that are proposed for construction or installation and are primarily intended to serve the communications facilities or support structure. An applicant may seek approval of construction or installation of a telecommunications facility whether or not the telecommunications facility is attached to an existing structure.

(7) “Wireless service” means any commercial mobile radio service, wireless service, common carrier wireless exchange service, cellular service, personal communications service (PCS), specialized mobile radio service, paging service, wireless data service, or public or private radio dispatch service.

(c) Findings. Before the Public Utility Commission issues a certificate of public good under this section, it shall find that:

(1) The proposed facility will not have an undue adverse effect on aesthetics, historic sites, air and water purity, the natural environment, and the public health and safety, and the public's use and enjoyment of the I-89 and I-91 scenic corridors or of any highway that has been designated as a scenic road pursuant to 19 V.S.A. § 2501 or a scenic byway pursuant to 23 U.S.C. § 162, with due consideration having been given to the relevant criteria specified in 10 V.S.A. §§ 1424a(d) and 6086(a)(1) through (8) and (9)(K). However, with respect to telecommunications facilities of limited size and scope, the Commission shall waive all criteria of this subdivision other than 10 V.S.A. § 6086(a)(1)(D) (floodways) and (a)(8) (aesthetics, scenic beauty, historic sites, rare and irreplaceable natural areas; endangered species; necessary wildlife habitat). Such waiver shall be on condition that:

(A) the Commission may determine, pursuant to the procedures described in subdivision (j)(2)(A) of this section, that a petition raises a significant issue with respect to any criterion of this subdivision; and

(B) a telecommunications facility of limited size and scope shall comply, at a minimum, with the requirements of the Low Risk Site Handbook for Erosion Prevention and Sediment Control issued by the Department of Environmental Conservation, regardless of any provisions in that handbook that limit its applicability.

(2) Unless there is good cause to find otherwise, substantial deference has been given to the plans of the affected municipalities; to the recommendations of the municipal legislative bodies and the municipal planning commissions regarding the municipal plans; and to the recommendations of the regional planning commission concerning the regional plan. Nothing in this section or other provision of law shall prevent a municipal body from basing its recommendations to which substantial deference is required under this subdivision (2) on an ordinance adopted under 24 V.S.A. § 2291(19) or bylaw adopted under 24 V.S.A. chapter 117 by the municipality in which the facility is located. A rebuttable presumption respecting compliance with the applicable plan shall be created by a letter from an affected municipal legislative body or municipal planning commission concerning compliance with the municipal plan and by a letter from a regional planning commission concerning compliance with the regional plan.

(3) If the proposed facility relates to the provision of wireless service, the proposed facility reasonably cannot be colocated on or at an existing telecommunications facility, or such colocation would cause an undue adverse effect on aesthetics.

(A) If a proposed new support structure for a new telecommunications facility that provides wireless service will exceed 50 feet in height in a cleared area or will exceed 20 feet in height above the average treeline measured within a 100-foot radius from the structure in a wooded area, the application shall identify all existing telecommunications facilities within the area to be served by the proposed structure and, for each such existing facility, shall include a projection of the coverage and an estimate of additional capacity that would be provided if the applicant's proposed telecommunications equipment were located on or at the existing facility. The applicant also shall compare each such projection and estimate to the coverage and capacity that would be provided at the site of the proposed structure.

(B) To obtain a finding that a proposed facility cannot reasonably be colocated on or at an existing telecommunications facility, the applicant must demonstrate that:

(i) colocating on or at an existing facility will result in a significant reduction of the area to be served or the capacity to be provided by the proposed facility or substantially impede coverage or capacity objectives for the proposed facility that promote the general good of the State under subsection 202c(b) of this title;

(ii) the proposed antennas and equipment will exceed the structural or spatial capacity of the existing or approved tower or facility, and the existing or approved tower or facility cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment, at a reasonable cost, to provide coverage and capacity comparable to that of the proposed facility;

(iii) the owner of the existing facility will not provide space for the applicant's proposed telecommunications equipment on or at that facility on commercially reasonable terms; or

(iv) the proposed antennas and equipment will cause radio frequency interference that will materially impact the usefulness of other existing or permitted equipment at the existing or approved tower or facility and such interference cannot be mitigated at a reasonable cost.

(d) Existing permits. When issuing a certificate of public good under this section, the Commission shall give due consideration to all conditions in an existing State or local permit and shall harmonize the conditions in the certificate of public good with the existing permit conditions to the extent feasible.

(e) Notice. No less than 60 days prior to filing an application for a certificate of public good under this section, the applicant shall serve written notice of an application to be filed with the Commission pursuant to this section to the legislative bodies and municipal and regional planning commissions in the communities in which the applicant proposes to construct or install facilities; the Secretary of Natural Resources; the Secretary of Transportation; the Division for Historic Preservation; the Commissioner of Public Service and its Director for Public Advocacy; the Land Use Review Board if the application concerns a telecommunications facility for which a permit previously has been issued under 10 V.S.A. chapter 151; and the landowners of record of property adjoining the project sites. In addition, at least one copy of each application shall be filed with each of these municipal and regional planning commissions. The notices to the legislative body and planning commission of the municipality shall attach a statement that itemizes the rights and opportunities available to those bodies under subdivisions (c)(2) and (e)(2) of this section and under subsections (m), (n), and (o) of this section and informs them of the guide published under subsection (p) of this section and how to obtain a copy of that guide.

(1) Upon motion or otherwise, the Public Utility Commission shall direct that further public or personal notice be provided if the Commission finds that such further notice will not unduly delay consideration of the merits and that additional notice is necessary for fair consideration of the application.

(2) On the request of the municipal legislative body or the planning commission, the applicant shall attend a public meeting with the municipal legislative body or planning commission, or both, within the 60-day notice period before filing an application for a certificate of public good. The Department of Public Service shall attend the public meeting on the request of the municipality. The Department shall consider the comments made and information obtained at the meeting in making recommendations to the Commission on the application and in determining whether to retain additional personnel under subsection (o) of this section.

(3) With the notice required under this subsection, the applicant shall include a written assessment of the colocation requirements of subdivision (c)(3) of this section, as they pertain to the applicant's proposed telecommunications facility. On the request of the municipal legislative body or the planning commission, the Department of Public Service, pursuant to its authority under subsection (o) of this section, shall retain an expert to review the applicant's colocation assessment and to conduct further independent analysis, as necessary. Within 45 days following receiving the applicant's notice and colocation assessment, the Department shall report its own preliminary findings and recommendations regarding colocation to the applicant and to all persons required to receive notice of an application for a certificate of public good under this subsection (e).

(f) Review period. If the Public Utility Commission determines that an application does not raise a significant issue, the Commission shall issue a final determination on an application filed pursuant to this section within 60 days following its filing or, if the original filing did not substantially comply with the Public Utility Commission's rules, within 60 days following the date on which the Clerk of the Commission notifies the applicant that the filing is complete. If the Commission rules that an application raises a significant issue, it shall issue a final determination on an application filed pursuant to this section within 180 days following its filing or, if the original filing did not substantially comply with the Public Utility Commission's rules, within 180 days following the date on which the Clerk of the Commission notifies the applicant that the filing is complete.

(g) Letter of intent. Nothing in this section shall be construed to prohibit an applicant from executing a letter of intent or entering into a contract before the issuance of a certificate of public good under this section, provided that the obligations under that letter of intent or contract are made subject to compliance with the requirements of this section.

(h) Exemptions from other law.

(1) An applicant using the procedures provided in this section shall not be required to obtain a permit or permit amendment or other approval under the provisions of 24 V.S.A. chapter 117 or 10 V.S.A. chapter 151 for the facilities subject to the application or to a certificate of public good issued pursuant to this section. This exemption from obtaining a permit or permit amendment under 24 V.S.A. chapter 117 shall not affect the substantial deference to be given to a plan or recommendation based on a local land use bylaw under subdivision (c)(2) of this section.

(2) An applicant using the procedures provided in this section shall not be required to obtain an approval from the municipality under an ordinance adopted pursuant to 24 V.S.A. § 2291(19) or a municipal charter that would otherwise apply to the construction or installation of facilities subject to this section. This exemption from obtaining an approval under such an ordinance shall not affect the substantial deference to be given to a plan or recommendation based on such an ordinance under subdivision (c)(2) of this section.

(3) Disputes over jurisdiction under this section shall be resolved by the Public Utility Commission, subject to appeal as provided by section 12 of this title. An applicant that has obtained or been denied a permit or permit amendment under the provisions of Title 24 or 10 V.S.A. chapter 151 for the construction of a telecommunications facility may not apply for approval from the Commission for the same or substantially the same facility, except that an applicant may seek approval for a modification to such a facility.

(i) Sunset of Commission authority. Effective on July 1, 2026, no new applications for certificates of public good under this section may be considered by the Commission.

(j) Telecommunications facilities of limited size and scope.

(1) The Commission may, subject to such conditions as it may otherwise lawfully impose, issue a certificate of public good in accordance with the provisions of this subsection and without the notice and hearings required by any provision other than subdivision (2) of this subsection if the Commission finds that such facilities will be of limited size and scope, and the application does not raise a significant issue with respect to the substantive criteria of this section. The Commission may make findings based on the application and the supporting evidence submitted by the applicant. If an applicant requests approval of multiple telecommunications facilities in a single application under this section, the Commission may issue a certificate of public good in accordance with the provisions of this subsection for all or some of the telecommunications facilities described in the application.

(2)(A) Any person seeking to proceed under the procedures authorized by this subsection (j) shall file a proposed certificate of public good and proposed findings of fact with its application. Within two business days following notification from the Commission that the filing is complete, the applicant shall serve notice and a copy of the application, proposed certificate of public good, and proposed findings of fact on the Commissioner of Public Service and its Director for Public Advocacy, the Secretary of Natural Resources, the Division for Historic Preservation, the Land Use Review Board if the application concerns a telecommunications facility for which a permit previously has been issued under 10 V.S.A. chapter 151, and each of the legislative bodies and municipal and regional planning commissions in the communities in which the applicant proposes to construct or install facilities. Within two business days following notification from the Commission that the filing is complete, the applicant also shall serve written notice of the proposed certificate on the landowners of record of property adjoining the project site or sites unless the Commission has previously determined on request of the applicant that good cause exists to waive or modify the notice requirement with respect to such landowners. Such notice shall request comment to the Commission within 30 days following the date of service on the question of whether the application raises a significant issue with respect to the substantive criteria of this section. If the Commission finds that an application raises a significant issue with respect to the substantive criteria of this section, the Commission shall hear evidence on any such issue.

(B) An applicant seeking a waiver or modification of notice to adjoining landowners under this subsection shall file a request for such a waiver or modification with the Public Utility Commission not later than 30 days prior to serving written notice under subsection (e) of this section, together with a description of the project and its location, the applicant's reasons for seeking a waiver or modification, and the applicant's demonstration that the standard for granting a waiver or modification is met. Any granting of such a waiver or modification shall be based on a determination that the landowners subject to the waiver or modification could not reasonably be affected by one or more of the proposed facilities and that notice to such landowners would constitute a significant administrative burden without corresponding public benefit. The Commission shall rule on a waiver or modification request under this subsection within 21 days following the filing of the request.

(C) If the Commission accepts a request to consider an application under the procedures of this subsection (j), then unless the Public Utility Commission subsequently determines that an application raises a significant issue, the Commission shall issue a final determination on an application within 60 days following the date on which the Clerk of the Commission notifies the applicant that the filing is complete. If, subsequent to acceptance of an application under this subsection (j), the Commission rules that an application raises a significant issue, it shall issue a final determination on an application filed pursuant to this subsection (j) within 90 days following the date on which the Clerk of the Commission notifies the applicant that the filing is complete.

(D) If the Commission denies a request to consider an application under the procedures of this subsection (j), a filing made under this subsection that the Commission has found to be complete shall be deemed to satisfy notice requirements of subsection (e) of this section, and the periods stated under subsection (f) of this section shall run from the date of the Commission's denial of such request.

(k) De minimis modifications. An applicant intending to make a de minimis modification of a telecommunications facility shall provide written notice of its intent, including a description of the de minimis modification, its plans for the de minimis modification, and its certification that the project constitutes a de minimis modification under this section, to the following: the landowner of record of the property on which the facility is located, the legislative body of the municipality in which the applicant proposes to undertake such limited modifications to the facility, and the Commissioner of Public Service and his or her Director for Public Advocacy. Unless an objection to the classification of a proposed project as a de minimis modification is filed with the Commission within 30 days following this notice, a certificate of public good shall be issued. Objections may be filed only by persons entitled to notice of this proposed project pursuant to this subsection. If an objection of the classification of the proposed project as a de minimis modification is timely filed with the Commission, the Commission may determine whether the intended project meets the definition of de minimis modification established in subdivision (b)(2) of this section.

(l) Rules. The Public Utility Commission may issue rules or orders implementing and interpreting this section. In developing such rules and orders, the Commission shall seek to simplify the application and review process as appropriate. Subject to the provisions of subdivision (c)(1) of this section regarding waiver of the substantive criteria set forth in that subdivision, the Commission may by rule or order waive the requirements of this section that the Commission determines are not applicable to telecommunications facilities of limited size or scope. Determination by the Commission that an application raises a substantial issue with regard to one or more substantive criteria of this section shall not prevent the Commission from waiving other substantive criteria that it has determined are not applicable to such a telecommunications facility.

(m) Municipal bodies; participation. The legislative body and the planning commission for the municipality in which a telecommunications facility is located shall have the right to appear and participate on any application under this section seeking a certificate of public good for the facility.

(n) Municipal recommendations. The Commission shall consider the comments and recommendations submitted by the municipal legislative body and planning commission. The Commission's decision to issue or deny a certificate of public good shall include a detailed written response to each recommendation of the municipal legislative body and planning commission.

(o) Retention; experts. The Department of Public Service may retain experts and other personnel as identified in section 20 of this title to provide information essential to a full consideration of an application for a certificate of public good under this section. The Department may allocate the expenses incurred in retaining these personnel to the applicant in accordance with section 21 of this title. The Department may commence retention of these personnel once the applicant has filed the 60-day notice under subsection (e) of this section. A municipal legislative body or planning commission may request that the Department retain these personnel. Granting such a request shall not oblige the Department or the personnel it retains to agree with the position of the municipality.

(p) Review process; guide. The Department of Public Service, in consultation with the Commission, shall create, maintain, and make available to the public a guide to the process of reviewing telecommunications facilities under this section for use by local governments and regional planning commissions and members of the public who seek to participate in the process. On or before September 1, 2014, the Department shall complete the creation of this guide and make it publicly available.

(q) Emergency waiver.

(1) Notwithstanding any other provisions of this section, when the Governor has declared a state of emergency pursuant to 20 V.S.A. § 9 and for 180 days after the declared state of emergency ends, the Commission may waive, for a specified and limited time, the prohibitions contained in this section upon site preparation for or construction of a temporary telecommunications facility necessary for maintaining or improving access to telecommunications services. Waivers issued under this subsection shall be valid for a period not to exceed the duration of the declared emergency plus 180 days.

(2) A person seeking a waiver under this subsection shall file a petition with the Commission and shall provide copies to the Department of Public Service and the Agency of Natural Resources. The Commission shall require that additional notice be provided to those listed in subsection (e) of this section and any affected communications union districts. Upon receipt of the petition, the Commission shall conduct an expedited preliminary hearing.

(3) An order granting a waiver may include terms, conditions, and safeguards to mitigate significant adverse impacts, including the posting of a bond or other security, as the Commission deems proper, based on the scope and duration of the requested waiver.

(4) A waiver shall be granted only when the Commission finds that:

(A) good cause exists due to an emergency situation;

(B) the waiver is necessary to maintain or provide access to wireless telecommunications services;

(C) procedures will be followed to minimize significant adverse impacts under the criteria specified in subdivision (c)(1) of this section; and

(D) taking into account any terms, conditions, and safeguards that the Commission may require, the waiver will promote the general good of the State.

(5) Upon the expiration of a waiver, if a certificate of public good has not been issued under this section, the Commission shall require the removal, relocation, or alteration of the facilities subject to the waiver, as it finds will best promote the general good of the State.
30 V.S.A. § 1 — VT Code / Title 30 / Chapter 1 / Section 1
§ 1. Composition of Department
Status: in_force

(a) The Department of Public Service shall consist of the Commissioner of Public Service, a Director for Regulated Utility Planning, a Director for Public Advocacy, a Director for Energy Efficiency, a Director for Telecommunications and Connectivity, and such other persons as the Commissioner considers necessary to conduct the business of the Department.

(b) The Commissioner shall be appointed by the Governor with the advice and consent of the Senate. The Commissioner shall serve for a term of two years beginning on February 1 of the year in which the appointment is made. The Commissioner shall serve at the pleasure of the Governor. The Directors for Regulated Utility Planning, for Public Advocacy, and for Energy Efficiency shall be appointed by the Commissioner. The Director for Telecommunications and Connectivity shall be appointed by the Commissioner in consultation with the Secretary of Administration.

(c) The Directors for Public Advocacy and for Telecommunications and Connectivity may employ, with the approval of the Commissioner, legal counsel and other experts, and clerical assistance, and the Directors for Regulated Utility Planning and for Energy Efficiency may employ, with the approval of the Commissioner, experts and clerical assistance.
30 V.S.A. § 104 — VT Code / Title 30 / Chapter 3 / Section 104
§ 104. Amendment of articles, certificate by Commission
Status: in_force

Such a corporation or company shall not amend its articles of incorporation unless and until the Public Utility Commission, on petition and after such hearing and notice thereof as the Commission directs, certifies that such amendment will promote the general good of the State. Its certificate shall be recorded with the certificate of amendment.
30 V.S.A. § 205 — VT Code / Title 30 / Chapter 5 / Section 205
§ 205. Duty to furnish copies of contracts
Status: in_force

At the request of the Department of Public Service, a corporation subject to supervision under this chapter shall submit to the Department for its approval certified copies of contracts entered into after July 1, 1961, between such corporation and any person, partnership, association, trust, or corporation holding, controlling, or owning 10 percent or more of the voting capital stock of such corporation subject to supervision, or with any other corporation that is itself owned or controlled by a person, partnership, association, trust, or corporation so holding, controlling, or owning 10 percent or more of the voting capital stock of such corporation subject to supervision.
30 V.S.A. § 3070 — VT Code / Title 30 / Chapter 82 / Section 3070
§ 3070. Audit
Status: in_force

Once the district becomes operational, the board shall cause an audit of the financial condition of the district to be performed annually by an independent professional accounting firm.
30 V.S.A. § 22 — VT Code / Title 30 / Chapter 1 / Section 22
§ 22. Tax to finance Department and Commission
Status: repealed

(a) For the purpose of maintaining the Department of Public Service and Public Utility Commission, including expenses related to maintaining an adequate engineering, legal, and administrative force in the Department of Public Service and paying all the incidental expenses, including rents, each person, partnership, association, or private or municipal corporation conducting a business subject to the supervision of the Department of Public Service and Public Utility Commission, including electric cooperatives, shall pay into the State Treasury on or before April 15 annually, in addition to the taxes now required by law to be paid, a tax, at the rate named, according to the nature of the public service business engaged in by such person, partnership, association, or private or municipal corporation, based on the gross operating revenue received by such person, partnership, association, or private or municipal corporation in the conduct of such business in the State during the year next preceding, as shown by the annual report filed on or before such date with the Department of Public Service on the form prescribed by it and containing such information as may be necessary to enable the Department to determine the amount of the tax payable.

(1) The rate of tax for each type of public service company, for the purpose of maintaining the Department of Public Service, shall be the following:

(A) for companies, cooperative, municipal or privately owned, generating, distributing, selling, or transmitting electric energy, 0.00320 of gross operating revenue;

(B) for telephone companies, 0.003 of gross operating revenue or $300.00, whichever is greater;

(C) for gas companies, 0.00320 of gross operating revenue;

(D) for water companies, 0.0006 of gross operating revenue or $3.00, whichever is greater;

(E) for companies owning or operating a cable television system, 0.003 of gross operating revenue or $15.00, whichever is greater, $25,000.00 of which shall be used each year by the Department for special planning functions relating to cable television systems;

(F) for companies whose sole telephone business consists of owning customer-owned, coin-operated telephones with total annual revenues of less than $5,000.00, the choice of either 0.003 of gross operating revenue from telephone revenues or the amount of $12.00; and

(G) for all other companies named in section 203 of this title, 0.0006 of gross operating revenues.

(2) The rate of tax for each type of public service company, for the purpose of maintaining the Public Utility Commission, shall be the following:

(A) for companies, cooperative, municipal or privately owned, generating, distributing, selling, or transmitting electric energy, 0.00205 of gross operating revenue;

(B) for telephone companies, 0.002 of gross operating revenue or $200.00, whichever is greater;

(C) for gas companies, 0.00205 of gross operating revenue;

(D) for water companies, 0.0004 of gross operating revenue or $2.00, whichever is greater;

(E) for companies owning or operating a cable television system, 0.002 of gross operating revenue or $10.00, whichever is greater;

(F) for companies whose sole telephone business consists of owning customer-owned, coin-operated telephones with total annual revenues of less than $5,000.00, the choice of either 0.002 of gross operating revenue from telephone revenues or the amount of $8.00; and

(G) for all other companies named in section 203 of this title, 0.0004 of gross operating revenues.

(b) The taxes levied under this section shall not apply to sales of electrical power for resale.

(c) [Repealed.]

(d)(1) On June 30 of each year, any balance in the amount received by the Public Utility Commission from the special fund for the maintenance of engineering and accounting forces, after accounting for expenditures and encumbrances, in excess of 20 percent of the funds received by the Commission for that year shall be used in the manner provided by subdivision (3) of this subsection.

(2) On June 30 of each year, any balance in the amount received by the Department of Public Service from the special fund for the maintenance of engineering and accounting forces, after accounting for expenditures and encumbrances, in excess of 20 percent of the funds received by the Department for that year shall be used in the manner provided by subdivision (3) of this subsection.

(3) The excess balances determined under subdivisions (1) and (2) of this subsection shall be used in the next succeeding year to directly reduce the rates otherwise collected from the ratepayers of this State for the costs of the telephone Lifeline program authorized by subsection 218(c) of this title.
30 V.S.A. § 2525 — VT Code / Title 30 / Chapter 71 / Section 2525
§ 2525. Attachment of wires
Status: in_force

Telephone wires attached to poles of a telegraph company under the provisions of sections 2523 and 2524 of this title shall be attached and maintained so as not to interfere with the wires already thereon.
30 V.S.A. § 3071 — VT Code / Title 30 / Chapter 82 / Section 3071
§ 3071. Committees
Status: in_force

The board has authority to establish one or more committees and grant and delegate to them such powers as it deems necessary. Members of an executive committee shall serve staggered terms and shall be board members. Membership on other committees established by the board is not restricted to board members.
30 V.S.A. § 15 — VT Code / Title 30 / Chapter 1 / Section 15
§ 15. Decree of Commission; enforcement
Status: in_force

A party to an order or decree of the Public Utility Commission or the Commission itself, or both, may complain to the Supreme Court for relief against any disobedience of or noncompliance with such order or decree. In such proceedings and upon such notice thereof to the parties as it shall direct, the Supreme Court shall hear and consider such petition and make such order and decree in the premises by way of writ of mandamus, writ of prohibition, injunction, or otherwise, concerning the enforcement of such order and decree of the Public Utility Commission as to law and equity shall appertain.
30 V.S.A. § 3024 — VT Code / Title 30 / Chapter 81 / Section 3024
§ 3024. Responsibilities for liabilities transferred
Status: in_force

The new or surviving cooperative shall be responsible and liable for all the liabilities and obligations of each of the consolidating or merging cooperatives and a claim existing or action or proceeding pending by or against a consolidating or merging cooperative may be prosecuted as if the consolidation or merger had not taken place, but the new or surviving cooperative may be substituted in its place.
30 V.S.A. § 6 — VT Code / Title 30 / Chapter 1 / Section 6
§ 6. Powers and duties of clerk
Status: in_force

The clerk shall have the custody of the seal of the Commission, keep a full record of its proceedings, file and preserve at its office all documents and papers entrusted to his or her care, prepare such papers and notices as may be required by the Commission, and perform such other duties as it may prescribe. The clerk shall have power, under the direction of the Commission, to issue subpoenas for witnesses and to administer oaths in all cases before the Commission or pertaining to the duties of the office.
30 V.S.A. § 7058 — VT Code / Title 30 / Chapter 87 / Section 7058
§ 7058. Pay telephones
Status: in_force

Each provider or other owner or lessee of a pay station telephone shall permit a caller to dial 911 without first inserting a coin or paying any other charge. The provider or other owner or lessee shall prominently display on each notice advising callers to dial 911 in an emergency and that deposit of a coin is not required.
30 V.S.A. § 250 — VT Code / Title 30 / Chapter 5 / Section 250
§ 250. Application; maps
Status: in_force

Within six months after July 1, 1970, or at such later date as the Public Utility Commission may establish, each company engaged in the distribution of electrical energy in the State shall apply to the Commission for a service territory consisting of the distribution area served by it on July 1, 1970 and any areas not presently served by it or any other electric utility company that it believes it is entitled to serve. After consideration of the factors set forth in section 249 of this title, the Commission shall establish the service territory of each company. The service territory thus established shall be defined on a map or maps approved by the Commission. In the event applications under this section are filed by more than one electric company for an area, the Commission shall, after notice and hearing, determine what part of the area as to which competing claims are filed should be awarded to the respective applicants. In the event the distribution facilities of the competing applicants are so intertwined or commingled as to make establishment of exclusive service territories impracticable, the Commission may authorize two or more companies that have filed competing applications to serve the area in conflict, subject to the provisions of section 251 of this title.
30 V.S.A. § 231a — VT Code / Title 30 / Chapter 5 / Section 231a
§ 231a. Registration of billing aggregators
Status: in_force

(a) Definitions. As used in this section, unless the context otherwise indicates:

(1) “Bill” means a direct statement of payments due and any other form of notice soliciting payment.

(2) “Billing agent” means a local exchange carrier or other person offering telecommunications service who includes in a bill it sends to a customer a charge for a product or service offered by a service provider.

(3) “Billing aggregator” means any person, other than a service provider, who forwards the charge for a product or service offered by a service provider to a billing agent.

(4) “Service provider” means any person, other than the billing agent, that offers a product or service to a customer, the charge for which appears on the bill of a billing agent.

(5) “Telecommunications carrier” means a company subject to the jurisdiction of the Public Utility Commission under subdivision 203(5) of this title.

(6) “Unauthorized service” means the provision of any service or product by a service provider that a customer has not authorized, and for which a charge appears on the customer's telephone bill. Charges for collect calls shall be exempt from this section.

(b) Registration requirements. Except as provided in this subsection, no billing aggregator may forward charges for a service or product offered by a service provider to a billing agent for presentation to a customer, unless the billing aggregator is registered with the Public Utility Commission. A registration properly filed with the Public Utility Commission takes effect 14 days after the filing date, unless the Department of Public Service objects to the registration and provides notice of its objection to the registrant within the 14 days. If the Department of Public Service objects to the registration, the registration does not become effective, unless expressly approved by the Public Utility Commission. The Public Utility Commission shall offer a person whose registration has been rejected an opportunity for a hearing. A registration, once effective, remains effective until revoked by the Public Utility Commission or surrendered by the holder. A company that provides telecommunications service in this State pursuant to a certificate of public good or equivalent authority under this title is not required to be registered under this subsection.

(c) Revocation of registration; notice.

(1) After opportunity for hearing, the Public Utility Commission may revoke the registration of a billing aggregator who has:

(A) provided false or deceptive information in registering under this section;

(B) knowingly, negligently, or repeatedly forwarded a charge to a billing agent for a product or service that the consumer did not authorize;

(C) failed to provide a notice to customers as required by rule or order of the Public Utility Commission, or otherwise failed to comply with a rule or order of the Public Utility Commission; or

(D) engaged in any other false or deceptive practices.

(2) Immediately following a revocation of registration under this subsection, the Public Utility Commission shall provide notice of the revocation, in a form and manner established by the Public Utility Commission by rule, to all telecommunications carriers doing business in this State.

(d) Procedure upon complaint. If a customer of a telecommunications carrier claims that a charge for an unauthorized service has been included in the customer's telephone bill, the telecommunications carrier shall immediately suspend collection efforts on that portion of the customer's bill. The telecommunications carrier shall either cease collection efforts entirely with regard to the disputed charge or request evidence from the billing aggregator that the customer authorized the service for which payment is sought. If the telecommunications carrier ceases collection efforts or sufficient evidence of customer authorization is not presented to the telecommunications carrier within a reasonable time, the telecommunications carrier shall immediately remove any charges associated with the unauthorized service from the customer's bill and refund to the customer any amounts paid for the unauthorized service that were billed by the telecommunications carrier during the six months prior to the customer's complaint. If sufficient evidence of customer authorization is provided to the telecommunications carrier, the telecommunications carrier may restore the charges on the customer's bill and reinstitute collection efforts. The customer or the billing aggregator may appeal the telecommunications carrier's determination to the Public Utility Commission.

(e) Enforcement authority. In addition to any other authority the Public Utility Commission may have pursuant to other law, the Public Utility Commission may enforce the provisions of this section in accordance with this subsection:

(1) In an adjudicatory proceeding, the Public Utility Commission may impose an administrative penalty upon the following entities for the following violations:

(A) a billing aggregator who forwards charges to a billing agent for an unauthorized product or service;

(B) a billing aggregator who is required to be registered under subsection (b) of this section and who is not properly registered pursuant to that subsection and who forwards charges for a product or service that appear on the bill of a billing agent;

(C) a billing agent who knowingly bills on behalf of a billing aggregator who is required to be registered under subsection (b) of this section and who is not properly registered pursuant to that subsection at the time the bill that is to be sent to the customer is generated, except that a billing agent who bills on behalf of a billing aggregator whose registration has been revoked shall not be subject to administrative penalty if the bill that is to be sent to the customer was generated within 14 days of the revocation of the registration and the billing agent did not have actual notice of the revocation;

(D) a telecommunications carrier that, without having first obtained evidence of authorization that the telecommunications carrier believed in good faith to be sufficient, does not remove the charges for any service that is the subject of a complaint under subsection (d) of this section and does not refund to the customer any amounts paid for the unauthorized service that were billed by the telecommunications carrier during the six months prior to the customer's complaint. For purposes of this section, evidence that a call was dialed from the number that is the subject of the charge shall be considered sufficient evidence of authorization for that call.

(2) The amount of any administrative penalty imposed under subdivision (1) of this subsection may not exceed $1,000.00 per violation arising out of the same incident or complaint, and must be based on:

(A) the severity of the violation, including the intent of the violator, the nature, circumstances, extent, and gravity of any prohibited acts;

(B) the history of previous violations; and

(C) the amount necessary to deter future violations.

(f) Rulemaking. The Public Utility Commission shall adopt such rules as it deems necessary to implement this section.
30 V.S.A. § 3020 — VT Code / Title 30 / Chapter 81 / Section 3020
§ 3020. Consolidation
Status: in_force

Two or more cooperatives licensed in this State under this law, each of which is designated a “consolidating cooperative,” may consolidate into a new cooperative, designated the “new cooperative,” by complying with the following requirements:

(1) The proposition for the consolidation of the consolidating cooperatives into the new cooperative and proposed articles of consolidation to effect the same shall be submitted to a meeting of the members of each consolidating cooperative, the notice of which shall have been attached to a copy of the proposed articles of consolidation.

(2) If the proposed consolidation and the proposed articles of consolidation, with amendments, are approved by the affirmative vote of not less than two-thirds of the members of each consolidating cooperative voting at each meeting, articles of consolidation in the form approved shall be executed and acknowledged on behalf of each consolidating cooperative by its president or vice president and its seal shall be affixed and attested by its secretary. The articles of consolidation shall recite that they are executed pursuant to this chapter and shall state: (A) the name of each consolidating cooperative and the address of its principal office; (B) the name of the new cooperative and the address of its principal office; (C) a statement that each consolidating cooperative agrees to the consolidation; (D) the names and addresses of the directors of the new cooperative; and (E) the terms and conditions of the consolidation and the mode of carrying the same into effect, including the manner in which members of the consolidating cooperative may or shall become members of the new cooperative; and may contain provisions not inconsistent with law or this chapter deemed necessary or advisable for the conduct of the business of the new cooperative. The president or vice president of each consolidating cooperative executing articles of consolidation shall make and attach an affidavit stating that the provisions of this section in respect of such articles were duly complied with by the cooperative.
30 V.S.A. § 8100 — VT Code / Title 30 / Chapter 93 / Section 8100
§ 8100. Definitions
Status: in_force

In this chapter:

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

(2) “Certification” or “certified,” except when part of the phrase “third party certified,” refers to certification of a Vermont village green renewable project by the Department under subsection 8101(b) of this title.

(3) “Combined heat and power” or “CHP” shall have the meaning stated in section 8015(b) of this title, except that:

(A) CHP excludes facilities using fossil fuel.

(B) CHP using woody biomass as a fuel must achieve, for that fuel, no less than a 50-percent net annual efficiency of energy utilized and, during the heating season, a minimum energy conversion efficiency of 70 percent considering all energy inputs and outputs at normal load.

(4) “Department” means the Department of Public Service created under section 1 of this title.

(5) “District heating” means a system for distributing heat generated in a centralized location within a host community to multiple residential, commercial, or industrial uses within that community or a combination of such uses. The source of heat may be a dedicated heat-only facility using renewable energy as a fuel or waste heat from electrical generation that uses renewable energy as a fuel to form a CHP system.

(6) “District power” means a system for distributing electricity generated in a centralized location within a host community to multiple residential, commercial, or industrial uses in that community or a combination of such uses. The electricity must be produced using renewable energy as a fuel source and may include CHP.

(7) “Host community” means the municipality in which a Vermont village green renewable project is to be located.

(8) “Renewable energy” shall have the meaning stated in subsection 8015(b) of this title, except that renewable energy using woody biomass as a fuel must achieve, for that fuel, no less than a 50-percent net annual efficiency of energy utilized and, during the heating season, a minimum energy conversion efficiency of 70 percent considering all energy inputs and outputs at normal load.

(9) “Vermont village green renewable project” means district heating, either with or without district power, to serve a downtown development district designated as such pursuant to 24 V.S.A. § 2793 or a growth center designated as such pursuant to 24 V.S.A. § 2793c. As long as the end uses served by the project are within such a district or center, the generation of heat and power may be outside the district or center.
30 V.S.A. § 211 — VT Code / Title 30 / Chapter 5 / Section 211
§ 211. Electric energy from inside or outside State
Status: repealed

(a) The Department of Public Service is hereby designated as the agent of the State of Vermont with full powers to act for and represent the State in any negotiations, arrangements, or proceedings for the procurement of electric energy from any source outside the State of Vermont or electric energy generated in the State by a producer, cooperative, municipal, or privately owned, which is subject to the supervision of the Department under this chapter with the right, with the approval of the Commission and the Governor, to contract for the purchase of such power and the resale on a nonprofit basis of such power to the electric distribution or transmission companies, cooperative, municipal, and privately owned, without preference or discrimination, for distribution within the State; provided, however, that purchases from sources inside the State of Vermont may be contracted for by the Department of Public Service as agent for the State only upon request of the seller and a determination by the Department that the purchase of such power and its resale on a nonprofit basis to electric distribution or transmission companies, cooperative, municipal, and privately owned, is in furtherance of the needs of the State of Vermont. If the term of any proposed purchase exceeds five years, it shall be subject to the approval of the Commission under section 248 of this title. In addition, the Department of Public Service may, with the approval of the Commission and the Governor, contract for the resale of the power outside the State of Vermont, if resale outside the State is reasonably incidental to and in furtherance of the needs of the State of Vermont. Revenues realized by the Department from such resale outside the State shall be used to defray the costs of such resale, and any revenues in excess of such costs, including interest earned on excess revenues, shall be applied first to reduce the Department's retail rates under section 212a of this title, and thereafter any remaining excess shall be applied to reduce the Department's wholesale rates to Vermont utilities. The Department of Public Service, with the approval of the Commission, is authorized and empowered to enter into contracts for the transmission of such energy from the place of purchase to the point or points of resale. The Department shall take all reasonable steps to ensure that the contracts it enters into for the transmission, purchase, and wholesale or retail sale of electricity shall be in writing. The Department of Public Service is authorized and empowered to employ additional engineering and legal personnel to assist in the procurement of such energy.

(b) [Repealed.]

(c) An enterprise fund is established in the Department of Public Service to consist of revenues from the resale of power and to support the activities authorized in this section and sections 212 and 212a of this title. Balances shall remain in the fund at the end of each fiscal year, and the fund shall be appropriated and expended in accordance with 32 V.S.A. § 462(b). These monies shall not be available to meet the general obligations of the State.
30 V.S.A. § 8005a — VT Code / Title 30 / Chapter 89 / Section 8005a
§ 8005a. Standard Offer Program
Status: reserved

(a) Establishment. A Standard Offer Program is established. To achieve the goals of section 8001 of this title, the Commission shall issue standard offers for renewable energy plants that meet the eligibility requirements of this section. The Commission shall implement these standard offers by rule, order, or contract and shall appoint a Standard Offer Facilitator to assist in this implementation. For the purpose of this section, the Commission and the Standard Offer Facilitator constitute instrumentalities of the State.

(b) Eligibility. To be eligible for a standard offer under this section, a plant must constitute a qualifying small power production facility under 16 U.S.C. § 796(17)(C) and 18 C.F.R. part 292, must not be a net metering system under section 219a of this title, and must be a new standard offer plant. In this section, “new standard offer plant” means a renewable energy plant that is located in Vermont, that has a plant capacity of 2.2 MW or less, and that is commissioned on or after September 30, 2009.

(c) Cumulative capacity. In accordance with this subsection, the Commission shall issue standard offers to new standard offer plants until a cumulative plant capacity amount of 127.5 MW is reached.

(1) Pace. Annually commencing April 1, 2013, the Commission shall increase the cumulative plant capacity of the Standard Offer Program (the annual increase) until the 127.5-MW cumulative plant capacity of this subsection is reached.

(A) Annual amounts. The amount of the annual increase shall be five MW for the three years commencing April 1, 2013, 7.5 MW for the three years commencing April 1, 2016, and 10 MW commencing April 1, 2019.

(B) Blocks. Each year, a portion of the annual increase shall be reserved for new standard offer plants proposed by Vermont retail electricity providers (the provider block), and the remainder shall be reserved for new standard offer plants proposed by persons who are not providers (the independent developer block).

(i) The portion of the annual increase reserved for the provider block shall be 10 percent for the three years commencing April 1, 2013, 15 percent for the three years commencing April 1, 2016, and 20 percent commencing April 1, 2019.

(ii) If the provider block for a given year is not fully subscribed, any unsubscribed capacity within that block shall be added to the annual increase for each following year until that capacity is subscribed and shall be made available to new standard offer plants proposed by persons who are not providers.

(iii) If the independent developer block for a given year is not fully subscribed, any unsubscribed capacity within that block shall be added to the annual increase for each following year until that capacity is subscribed and:

(I) shall be made available to new standard offer plants proposed by persons who are not providers; and

(II) may be made available to a provider following a written request and specific proposal submitted to and approved by the Commission.

(C) Adjustment; greenhouse gas reduction credits. The Commission shall adjust the annual increase to account for greenhouse gas reduction credits by multiplying the annual increase by one minus the ratio of the prior year's greenhouse gas reduction credits to that year's statewide retail electric sales.

(i) The amount of the prior year's greenhouse gas reduction credits shall be determined in accordance with subdivision 8006a(a) of this title.

(ii) The adjustment in the annual increase shall be applied proportionally to the independent developer block and the provider block.

(iii) Greenhouse gas reduction credits used to diminish a provider's obligation under section 8004 of this title may be used to adjust the annual increase under this subsection (c).

(D) Pilot project; preferred locations. For one year commencing on January 1, 2017, the Commission shall allocate one-sixth of the annual increase to new standard offer plants that will be wholly located in one or more preferred locations other than parking lots or parking lot canopies and, separately, one-sixth of the annual increase to new standard offer plants that will be wholly located over parking lots or on parking lot canopies.

(i) To qualify for these allocations, the plant shall not require the construction of a new substation by the interconnecting retail electricity provider or by increasing the capacity of one or more of the provider's existing facilities. To qualify for the allocation to plants wholly located over parking lots or on parking lot canopies, the location shall remain in use as a parking lot.

(ii) These allocations shall apply proportionally to the independent developer block and provider block.

(iii) If an allocation under this pilot project is not fully subscribed, the Commission in 2017 shall allocate the unsubscribed capacity to new standard offer plants outside the pilot project.

(iv) As used in this subdivision (D), “preferred location” means a site within the State on which a renewable energy plant will be located that is one of the following:

(I) A new or existing structure whose primary use is not the generation of electricity or providing support for the placement of equipment that generates electricity.

(II) A parking lot canopy over a paved parking lot, provided that the location remains in use as a parking lot.

(III) A tract previously developed for a use other than siting a plant on which a structure or impervious surface was lawfully in existence and use prior to July 1 of the year preceding the year in which an application for a certificate of public good under section 248 of this title for the plant is filed or in which the plant seeks an award of a contract under the Standard Offer Program under this section, whichever is earlier. To qualify under this subdivision (III), the limits of disturbance of a proposed renewable energy plant must include either the existing structure or impervious surface and shall not include any headwaters, streams, shorelines, floodways, rare and irreplaceable natural areas, necessary wildlife habitat, wetlands, endangered species, productive forestlands, and primary agricultural soils, all of which are as defined in 10 V.S.A. chapter 151.

(IV) Land certified by the Secretary of Natural Resources to be a brownfield site as defined under 10 V.S.A. § 6642.

(V) A sanitary landfill as defined in 10 V.S.A. § 6602, provided that the Secretary of Natural Resources certifies that the land constitutes such a landfill and is suitable for the development of the plant.

(VI) The disturbed portion of a gravel pit, quarry, or similar site for the extraction of a mineral resource, provided that all activities pertaining to site reclamation required by applicable law or permit condition are satisfied prior to the installation of the plant.

(VII) A specific location designated in a duly adopted municipal plan under 24 V.S.A. chapter 117 for the siting of a renewable energy plant or specific type or size of renewable energy plant, provided that the plant meets any siting criteria recommended in the plan for the location.

(VIII) A site listed on the National Priorities List (NPL) established under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. chapter 103, if the U.S. Environmental Protection Agency or the Agency of Natural Resources confirms each of the following:

(aa) The site is listed on the NPL.

(bb) Development of the plant on the site will not compromise or interfere with remedial action on the site.

(cc) The site is suitable for development of the plant.

(IX) A new hydroelectric generation facility at a dam in existence as of January 1, 2016 or a hydroelectric generation facility that was in existence but not in service for a period of at least 10 years prior to January 1, 2016 and that will be redeveloped for electric generation, if the facility has received approval or a grant of exemption from the U.S. Federal Energy Regulatory Commission.

(2) Technology allocations. The Commission shall allocate the 127.5-MW cumulative plant capacity of this subsection among different categories of renewable energy technologies. These categories shall include at least each of the following: methane derived from a landfill; solar power; wind power with a plant capacity of 100 kW or less; wind power with a plant capacity greater than 100 kW; hydroelectric power; and biomass power using a fuel other than methane derived from an agricultural operation or landfill.

(d) Plants outside cumulative capacity. The following categories of plants shall not count toward the cumulative capacity amount of subsection (c) of this section, and the Commission shall make standard offers available to them provided that they are otherwise eligible for such offers under this section:

(1) Plants using methane derived from an agricultural operation.

(2) New standard offer plants that the Commission determines will have sufficient benefits to the operation and management of the electric grid or a provider's portion thereof because of their design, characteristics, location, or any other discernible benefit. To enhance the ability of new standard offer plants to mitigate transmission and distribution constraints, the Commission shall require Vermont retail electricity providers and companies that own or operate electric transmission facilities within the State to make sufficient information concerning these constraints available to developers who propose new standard offer plants.

(A) By March 1, 2013, the Commission shall develop a screening framework or guidelines that will provide developers with adequate information regarding constrained areas in which generation having particular characteristics is reasonably likely to provide sufficient benefit to allow the generation to qualify for eligibility under this subdivision (2).

(B) Once the Commission develops the screening framework or guidelines under subdivision (2)(A) of this subsection (d), the Commission shall require Vermont transmission and retail electricity providers to make the necessary information publicly available in a timely manner, with updates at least annually.

(C) Nothing in this subdivision shall require the disclosure of information in contravention of federal law.

(e) Term. The term of a standard offer required by this section shall be 10 to 20 years, except that the term of a standard offer for a plant using solar power shall be 10 to 25 years.

(f) Price. The categories of renewable energy for which the Commission shall set standard offer prices shall include at least each of the categories established pursuant to subdivision (c)(2) of this section. The Commission by order shall determine and set the price paid to a plant owner for each kWh generated under a standard offer required by this section, with a goal of ensuring timely development at the lowest feasible cost. The Commission shall not be required to make this determination as a contested case under 3 V.S.A. chapter 25.

(1) Market-based mechanisms. For new standard offer projects, the Commission shall use a market-based mechanism, such as a reverse auction or other procurement tool, to obtain up to the authorized amount of a category of renewable energy, if it first finds that use of the mechanism is consistent with:

(A) applicable federal law; and

(B) the goal of timely development at the lowest feasible cost.

(2) Avoided cost.

(A) The price paid for each category of renewable energy shall be the avoided cost of the Vermont composite electric utility system if the Commission finds either of the following:

(i) Use of the pricing mechanism described in subdivision (1) (market-based mechanisms) of this subsection (f) is inconsistent with applicable federal law.

(ii) Use of the pricing mechanism described in subdivision (1) (market-based mechanisms) of this subsection (f) is reasonably likely to result in prices higher than the prices that would apply under this subdivision (2).

(B) For the purpose of this subsection (f), the term “avoided cost” means the incremental cost to retail electricity providers of electric energy or capacity, or both, that, but for the purchase through the standard offer, such providers would obtain from distributed renewable generation that uses the same generation technology as the category of renewable energy for which the Commission is setting the price. For the purpose of this subsection (f), the term “avoided cost” also includes the Commission's consideration of each of the following:

(i) The relevant cost data of the Vermont composite electric utility system.

(ii) The terms of the contract, including the duration of the obligation.

(iii) The availability, during the system's daily and seasonal peak periods, of capacity or energy purchased through the standard offer, and the estimated savings from mitigating peak load.

(iv) The relationship of the availability of energy or capacity purchased through the standard offer to the ability of the Vermont composite electric utility system or a portion thereof to avoid costs.

(v) The costs or savings resulting from variations in line losses and other impacts to the transmission or distribution system from those that would have existed in the absence of purchases through the standard offer.

(vi) The supply and cost characteristics of plants eligible to receive the standard offer.

(3) Price determinations. The Commission shall take all actions necessary to determine the pricing mechanism and implement the pricing requirements of this subsection (f) no later than March 1, 2013 for effect on April 1, 2013. Annually thereafter, the Commission shall review the determinations previously made under this subsection to decide whether they should be modified in any respect in order to achieve the goal and requirements of this subsection. Any such modification shall be effective on a prospective basis commencing one month after it has been made. Once a pricing determination made or modified under this subsection goes into effect, subsequently executed standard offer contracts shall comply with the most recently effective determination.

(4) Price stability. Once a plant owner has executed a contract for a standard offer under this section, the plant owner shall continue to receive the price agreed on in that contract regardless of whether the Commission subsequently changes the price applicable to the plant's category of renewable energy.

(5) Price; preferred location pilots. For the period during which the Commission allocates capacity to new standard offer plants that will be wholly located in one or more preferred locations as set forth in subdivision (c)(1)(D) of this section, the following shall apply to the price paid to such a plant:

(A) If the Commission uses a market-based mechanism under subdivision (1) of this subsection (f) to determine this price for one or both of the two allocations of capacity, the Commission shall compare only the proposals of plants that qualify for the allocation.

(B) If the Commission uses avoided costs under subdivision (2) of this subsection (f) to determine this price for one or both of the two allocations of capacity, the Commission shall apply the definition of “avoided costs” as set forth in subdivision (2)(B) of this subsection with the modification that the avoided energy or capacity shall be from distributed renewable generation that is sited on a location that qualifies for the allocation.

(C) With respect to the allocation to the new standard offer plants that will be wholly located over parking lots or on parking lot canopies, if the Commission receives only one application or multiple applications for plants owned or controlled by the same person as defined in 10 V.S.A. § 6001, the Commission shall investigate each application and shall have discretion to reduce the price to be consistent with the standard offer price for plants outside the pilot project using the same generation technology.

(g) Qualifying existing agricultural plants. Notwithstanding any other provision of this section, on and after June 8, 2010, a standard offer shall be available for a qualifying existing plant as defined in Sec. 3 of No. 159 of the Acts of the 2009 Adj. Sess. (2010) (Act 159). The provisions of subdivision 8005(b)(2) of this title, as they existed on June 4, 2010, the effective date of Act 159, shall govern a standard offer under this subsection. Standard offers for these plants shall not be subject to subsection (c) of this section (cumulative capacity; new standard offer plants).

(h) Application process. The Commission shall administer the process of applying for and obtaining a standard offer contract in a manner that ensures that the resources and capacity of the Standard Offer Program are used for plants that are reasonably likely to achieve commissioning.

(i) Interconnection application. No contract under this section for a new standard offer plant shall be executed unless and until the plant owner submits a complete application to interconnect the plant to the subtransmission or distribution system of the applicable retail electricity provider.

(j) Termination; reallocation. In the event a proposed plant accepting a standard offer fails to meet the requirements of the Program in a timely manner, the plant's standard offer contract shall terminate, and any capacity reserved for the plant within the Program shall be reallocated to one or more eligible plants.

(1) For the purpose of this subsection, the requirements of the Program shall include commissioning of all new standard offer plants, except plants using methane derived from an agricultural operation, within the following periods after execution of the plant's standard offer contract:

(A) 24 months if the plant is solar power or is wind power with a plant capacity of 100 kW or less; and

(B) 36 months if the plant uses a fuel source not described in subdivision 1(A) of this subsection (j) or is wind power of greater than 100 kW capacity.

(2) At the request of a plant owner or for other good cause, the Commission may extend a period described in subdivision (1) of this subsection (j) if it finds that the plant owner has proceeded diligently and in good faith and that commissioning of the plant has been delayed because of litigation or appeal or because of the need to obtain an approval the timing of which is outside the Commission's control, or for other good cause as determined by the Commission.

(k) Executed standard offer contracts; transferability; allocation of benefits and costs. With respect to executed contracts for standard offers under this section:

(1) A contract shall be transferable. The contract transferee shall notify the Standard Offer Facilitator of the contract transfer within 30 days following transfer.

(2) The Standard Offer Facilitator shall distribute the electricity purchased to the Vermont retail electricity providers at the price paid to the plant owners, allocated to the providers based on their pro rata share of total Vermont retail kWh sales for the previous calendar year, and the Vermont retail electricity providers shall accept and pay the Standard Offer Facilitator for the electricity. However, during any given calendar year:

(A) Calculation of pro rata shares under this subdivision (2) shall include an adjustment in the allocation to a provider if one or more of the provider's customers created greenhouse gas reduction credits under section 8006a of this title that are used to reduce the size of the annual increase under subdivision (c)(1)(C)(adjustment; greenhouse gas reduction credits) of this section. The adjustment shall ensure that any and all benefits or costs from the use of such credits flow to the provider whose customers created the credits. The savings that a provider realizes as a result of this application of greenhouse gas reduction credits shall be passed on proportionally to the customers that created the credits.

(B) A retail electricity provider that was relieved from the requirements of this subdivision by the Commission on or before January 25, 2018, shall be exempt from the requirements of this subdivision in any year that the Standard Offer Facilitator allocates electricity pursuant to this subdivision if the retail electricity provider meets the following criteria:

(i) during the immediately preceding 12-month period ending October 31, the amount of renewable energy supplied to the provider by generation owned by or under contract to the provider, regardless of whether the provider owned the energy's environmental attributes, was not less than the amount of energy sold by the provider to its retail customers; and

(ii) the retail electricity provider owns and retires an amount of 30 V.S.A. § 8005(a)(1) qualified energy environmental attributes that is not less than the provider's retail sales.

(3) The Standard Offer Facilitator shall transfer the environmental attributes, including any tradeable renewable energy credits, of electricity purchased under standard offer contracts to the Vermont retail electricity providers in accordance with their pro rata share of the costs for such electricity as determined under subdivision (2) of this subsection (k), except that in the case of a plant using methane from agricultural operations, the plant owner shall retain such attributes and credits to be sold separately at the owner's discretion. It shall be a condition of a standard offer issued under this section that tradeable renewable energy credits associated with a plant that accepts the standard offer are owned by the retail electricity providers purchasing power generated by the plant, except in the case of a plant using methane from agricultural operations.

(4) The Standard Offer Facilitator shall transfer all capacity rights attributable to the plant capacity associated with the electricity purchased under standard offer contracts to the Vermont retail electricity providers in accordance with their pro rata share of the costs for such electricity as determined under subdivision (2) of this subsection (k).

(5) All reasonable costs of a Vermont retail electricity provider incurred under this subsection shall be included in the provider's revenue requirement for purposes of ratemaking under sections 218, 218d, 225, and 227 of this title. In including such costs, the Commission shall appropriately account for any credits received under subdivisions (3) and (4) of this subsection (k). Costs included in a retail electricity provider's revenue requirement under this subdivision (5) shall be allocated to the provider's ratepayers as directed by the Commission.

(l) Standard Offer Facilitator; expenses; payment. With respect to standard offers under this section, the Commission shall:

(1) determine a Standard Offer Facilitator's reasonable expenses arising from its role and the allocation of the expenses among plant owners and Vermont retail electricity providers;

(2) determine the manner and timing of payments by a Standard Offer Facilitator to plant owners for energy purchased under an executed contract for a standard offer;

(3) determine the manner and timing of payments to the Standard Offer Facilitator by the Vermont retail electricity providers for energy distributed to them under executed contracts for standard offers;

(4) establish reporting requirements of a Standard Offer Facilitator, a plant owner, and a Vermont retail electricity provider.

(m) Metering. With respect to standard offers under this section, the Commission shall make rule revisions concerning metering and the allocation of metering costs as needed to implement the standard offer requirements of this section.

(n) Wood biomass. In addition to the other requirements of this section, wood biomass resources may receive a standard offer under this section only if they have a design system efficiency (the sum of full load design thermal output and electric output divided by the heat input) of at least 50 percent.

(o) Voluntary contracts. The existence of a standard offer under this section shall not preclude a voluntary contract between a plant owner and a Vermont retail electricity provider on terms that may be different from those under the standard offer. A plant owner who declines a voluntary contract may still accept a standard offer under this section.

(p) Existing hydroelectric plants. Notwithstanding any contrary requirement of this section, no later than January 15, 2013, the Commission shall make a standard offer contract available to existing hydroelectric plants in accordance with this subsection.

(1) In this subsection:

(A) “Existing hydroelectric plant” means a hydroelectric plant of five MW plant capacity or less that is located in the State, that was in service as of January 1, 2009, that is a qualifying small power production facility under 16 U.S.C. § 796(17)(C) and 18 C.F.R. part 292, and that does not have an agreement with the Commission's purchasing agent for the purchase of its power pursuant to subdivision 209(a)(8) of this title and Commission rules adopted under subdivision (8). The term includes hydroelectric plants that have never had such an agreement and hydroelectric plants for which such an agreement has expired.

(B) “LIHI” means the Low-Impact Hydropower Institute.

(2) The term of a standard offer contract under this subsection shall be 10 or 20 years, at the election of the plant owner.

(3) Unless inconsistent with applicable federal law, the price of a standard offer contract shall be the sum of the following elements:

(A) a two-year rolling average of the ISO New England Inc. (ISO-NE) Vermont zone hourly locational marginal price for energy;

(B) a two-year rolling average of the value of the plant's capacity in the ISO-NE forward capacity market;

(C) the value of avoided line losses due to the plant as a fixed increment of the energy and capacity values;

(D) a two-year rolling average of the market value of environmental attributes, including renewable energy credits; and

(E) the value of a 10- or 20-year contract.

(4) The Commission shall determine the price to be paid under this subsection (p) not later than January 15, 2013.

(A)(i) Annually by January 15 commencing in 2014, the Commission shall recalculate and adjust the energy, capacity, and environmental attribute elements of the price under subdivision (3) of this subsection (p). The recalculated and adjusted energy, capacity, and environmental attribute elements shall apply to all contracts executed under this subdivision, whether or not the contracts were executed prior to the adjustments.

(ii) the Commission may periodically adjust the value of environmental attributes that are applicable to an executed contract based upon whether the plant becomes certified by LIHI or loses such certification.

(B) With respect to the price elements specified in subdivisions(3)(C)(avoided line losses) and (E)(value of long-term contract) of this subsection (p):

(i) These elements shall remain fixed at their values at the time a contract is signed for the duration of the contract.

(ii) The Commission annually may adjust these elements for inclusion in contracts that are executed after the date any such adjustments are made.

(5) Once a plant owner has executed a contract for a standard offer under this subsection (p), the plant owner shall continue to receive the pricing terms agreed on in that contract regardless of whether the Commission subsequently changes any pricing terms under this subsection.

(6) Capacity of existing hydroelectric plants executing a standard offer contract under this subsection shall not count toward the cumulative capacity amount of subsection (c) of this section.

(q) Allocation of regulatory costs. The Commission and Department may authorize or retain legal counsel, official stenographers, expert witnesses, advisors, temporary employees, and research services in conjunction with implementing their responsibilities under this section. In lieu of allocating such costs pursuant to subsection 21(a) of this title, the Commission or Department may allocate the expense in the same manner as the Standard Offer Facilitator's costs under subdivision (l)(1) of this section.

(r) State; nonliability. The State and its instrumentalities shall not be liable to a plant owner or retail electricity provider with respect to any matter related to the Standard Offer Program, including costs associated with a standard offer contract or any damages arising from the breach of such a contract, the flow of power between a plant and the electric grid, or the interconnection of a plant to that grid.
30 V.S.A. § 7060 — VT Code / Title 30 / Chapter 87 / Section 7060
§ 7060. Limitation of liability
Status: in_force

No person shall be liable in any suit for civil damages who in good faith receives, develops, collects, or processes information for the Enhanced 911 database or develops, designs, adopts, establishes, installs, participates in, implements, maintains, or provides access to telephone, mobile, or IP-enabled service for the purpose of helping persons obtain emergency assistance in accordance with this chapter unless such action constitutes gross negligence or an intentional tort. In addition, no provider of telephone, mobile, or other IP-enabled service or a provider's respective employees, directors, officers, assigns, affiliates, or agents shall be liable for civil damages in connection with the release of customer information to any governmental entity, including any public safety answering point, as required under this chapter.
30 V.S.A. § 51 — VT Code / Title 30 / Chapter 2 / Section 51
§ 51. Residential building energy standards; stretch code
Status: in_force

(a) Definitions. In this subchapter, the following definitions apply:

(1) “Builder” means the general contractor or other person in charge of construction, who has the power to direct others with respect to the details to be observed in construction.

(2) “Residential buildings” means one-family dwellings, two-family dwellings, and multi-family housing three stories or less in height.

(A) With respect to a structure that is three stories or less in height and is a mixed-use building that shares residential and commercial users, the term “residential building” shall include the living spaces in the structure and the nonliving spaces in the structure that serve only the residential users such as common hallways, laundry facilities, residential management offices, community rooms, storage rooms, and foyers.

(B) “Residential buildings” shall not include hunting camps.

(3) “Residential construction” means new construction of residential buildings, and the construction of additions, alterations, renovations, or repairs to an existing residential building.

(4) “IECC” means the International Energy Conservation Code of the International Code Council.

(5) “Stretch code” means a building energy code for residential buildings that achieves greater energy savings than the RBES and is adopted in accordance with subsection (d) of this section.

(b) Adoption of Residential Building Energy Standards (RBES). Residential construction shall be in compliance with the standards adopted by the Commissioner of Public Service in accordance with subsection (c) of this section.

(c) Revision and interpretation of energy standards. The Commissioner of Public Service shall amend and update the RBES by means of administrative rules adopted in accordance with 3 V.S.A. chapter 25. On or before January 1, 2011, the Commissioner shall complete rulemaking to amend the energy standards to ensure that, to comply with the standards, residential construction must be designed and constructed in a manner that complies with the 2009 edition of the IECC. After January 1, 2011, the Commissioner may direct the timely and appropriate revision of the RBES after the issuance of updated standards for residential construction under the IECC. The Department of Public Service shall provide technical assistance and expert advice to the Commissioner in the interpretation of the RBES and in the formulation of specific proposals for amending the RBES. Prior to final adoption of each required revision of the RBES, the Department of Public Service shall convene an Advisory Committee to include one or more mortgage lenders, builders, building designers, utility representatives, and other persons with experience and expertise, such as consumer advocates and energy conservation experts. The Advisory Committee may provide the Commissioner with additional recommendations for revision of the RBES.

(1) Any amendments to the RBES shall be:

(A) consistent with duly adopted State energy policy, as specified in section 202a of this title, and consistent with duly adopted State housing policy;

(B) evaluated relative to their technical applicability and reliability; and

(C) cost-effective and affordable from the consumer's perspective.

(2) Each time the RBES are amended by the Commissioner, the amended RBES shall become effective upon a date specified in the adopted rule, a date that shall not be less than three months after the date of adoption. Persons commencing residential construction before the effective date of the amended RBES shall have the option of complying with the applicable provisions of the earlier or the amended RBES. After the effective date of the original or the amended RBES, any person commencing residential construction shall comply with the most recent version of the RBES.

(3) In the first cycle of revision of the RBES, the Commissioner shall establish standards for ventilation and shall consider revisions, including:

(A) a requirement for sealed combustion, induced or forced draft combustion equipment when exhaust-only ventilation systems are installed; and

(B) a requirement for adequate replacement air ducted directly to the combustion area of wood and pellet stoves and fireplaces.

(4)(A) As the Model Energy Code is primarily a performance-based code, the Department of Public Service shall develop and disseminate criteria that builders may use in lieu of any computer software, calculations and trade-off worksheets, or systems analysis to comply with the Code. An example package that complies with the Code shall be included in the rules and updated as appropriate.

(B) To provide for flexibility, additional packages that are equivalent to the example package under chapter 9 of the Model Energy Code and that satisfy the performance approach shall be developed by July 1, 1997 and disseminated by the Department of Public Service. Each time the RBES are amended by the Commissioner, the Department of Public Service shall develop modified compliance packages that will become available to the public by the date that the amendment becomes effective.

(5) A home energy rating conducted at the time of construction by a Vermont-accredited home energy rating organization shall be an acceptable means of demonstrating compliance if the rating indicates energy performance equivalent to the RBES.

(6) The Advisory Committee convened under this subsection, in preparing for the RBES update required on or about January 1, 1999, shall advise the Commissioner of Public Service with respect to the coordination of the RBES amendments with existing and proposed demand-side management programs offered in the State.

(d) Stretch code. The Commissioner may adopt a stretch code by rule. This stretch code shall meet the requirements of subdivision (c)(1) of this section. The stretch code shall be available for adoption by municipalities under 24 V.S.A. chapter 117 and, on final adoption by the Commissioner, shall apply in proceedings under 10 V.S.A. chapter 151 (Act 250) in accordance with subsection (e) of this section.

(e) Role of RBES and stretch code in Act 250. Substantial and reliable evidence of compliance with the RBES and, when adopted, the stretch code established and updated under this section shall serve as a presumption of compliance with 10 V.S.A. § 6086(a)(9)(F), except no presumption shall be created insofar as compliance with subdivision (a)(9)(F) involves the role of electric resistance space heating. In attempting to rebut a presumption of compliance created under this subsection, a challenge may only focus on the question of whether or not there will be compliance with the RBES and stretch code established and updated under this subsection. A presumption under this subsection may not be overcome by evidence that the RBES and stretch code adopted and updated under this section fail to comply with 10 V.S.A. § 6086(a)(9)(F).

(f) Certification.

(1) Issuance; recording. A certification may be issued by a builder, a licensed professional engineer, a licensed architect, or an accredited home energy rating organization. If certification is not issued by a licensed professional engineer, a licensed architect, or an accredited home energy rating organization, it shall be issued by the builder. Any certification shall certify that residential construction meets the RBES. The Department of Public Service will develop and make available to the public a certificate that lists key features of the RBES. Any person certifying shall use this certificate or one substantially like it to certify compliance with the RBES. Certification shall be issued by completing and signing a certificate and permanently affixing it to the outside of the heating or cooling equipment, to the electrical service panel located inside the building, or in a visible location in the vicinity of one of these three areas. The certificate shall certify that the residential building has been constructed in compliance with the requirements of the RBES. The person certifying under this subsection shall provide a copy of each certificate to the Department of Public Service and shall ensure that a certificate is recorded and indexed in the town land records. A builder may contract with a licensed professional engineer, a licensed architect, or an accredited home energy rating organization to issue certification and to indemnify the builder from any liability to the owner of the residential construction caused by noncompliance with the RBES.

(2) Condition precedent. Provision of a certificate as required by subdivision (1) of this subsection shall be a condition precedent to:

(A) issuance by the Commissioner of Public Safety or a municipal official acting under 20 V.S.A. § 2736 of any final occupancy permit required by the rules of the Commissioner of Public Safety for use or occupancy of residential construction commencing on or after July 1, 2013 that is also a public building as defined in 20 V.S.A. § 2730(a); and

(B) issuance by a municipality of a certificate of occupancy for residential construction commencing on or after July 1, 2013, if the municipality requires such a certificate under 24 V.S.A. chapter 117.

(g) Action for damages.

(1) Except as otherwise provided in this subsection, a person aggrieved by noncompliance with this section may bring a civil action against a person who has the obligation of certifying compliance under subsection (e) of this section. The person may seek injunctive relief, damages, court costs, and attorney's fees. As used in this subdivision, “damages” means:

(A) costs incidental to increased energy consumption; and

(B) labor, materials, and other expenses associated with bringing the structure into compliance with RBES in effect on the date construction was commenced.

(2) A person's failure to affix the certification as required by this section shall not be an affirmative defense in such an action against the person.

(3) The rights and remedies created by this section shall not be construed to limit any rights and remedies otherwise provided by law.

(h) Applicability and exemptions. The construction of a residential addition to a building shall not create a requirement that the entire building comply with this subchapter. The following residential construction shall not be subject to the requirements of this subchapter:

(1) Buildings or additions whose peak energy use design rate for all purposes is less than 3.4 BTUs per hour, per square foot, or less than one watt per square foot of floor area.

(2) Homes subject to Title VI of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401-5426).

(3) Buildings or additions that are neither heated nor cooled.

(4) Residential construction by an owner, if all of the following apply:

(A) The owner of the residential construction is the builder, as defined under this section.

(B) The residential construction is used as a dwelling by the owner.

(C) The owner in fact directs the details of construction with regard to the installation of materials not in compliance with RBES.

(D) The owner discloses in writing to a prospective buyer, before entering into a binding purchase and sales agreement, with respect to the nature and extent of any noncompliance with RBES. Any statement or certificate given to a prospective buyer shall itemize how the home does not comply with RBES and shall itemize which measures do not meet the RBES standards in effect at the time construction commenced. Any certificate given under this subsection (h) shall be recorded in the land records where the property is located and sent to the Department of Public Service within 30 days following sale of the property by the owner.

(i) Title validity not affected. A defect in marketable title shall not be created by a failure to issue certification or a certificate, as required under subsection (f) or subdivision (h)(4) of this section, or by a failure under that subsection to affix a certificate; to provide a copy of a certificate to the Department of Public Service; or to record and index a certificate in the town records.
30 V.S.A. § 118 — VT Code / Title 30 / Chapter 3 / Section 118
§ 118. Taking burial grounds; condemnation
Status: in_force

When it is necessary that a corporation formed under the provisions of this chapter or a foreign corporation engaged in public service should acquire or flood land used or set apart for a cemetery or burial ground, either public or private, or should acquire an easement or limited right in such cemetery or burial ground, in order that it may render adequate service to the public in the conduct of its business, or in order that it may build and maintain its storage basins, dams, powerhouses, or lines, it may condemn such property or right as provided in this chapter.
30 V.S.A. § 8003 — VT Code / Title 30 / Chapter 89 / Section 8003
§ 8003. Renewable energy pricing
Status: repealed

(a) An electric utility, municipal department formed under local charter or chapter 79 of this title, or electric cooperative formed under chapter 81 of this title may implement a renewable energy pricing program under this section for its customers, or offer customers the option of making a voluntary contribution to the Vermont Clean Energy Development Fund established under section 8015 of this title. Such renewable energy pricing programs may include tariffs, standard special contracts, or other arrangements whose purpose is to increase the company's reliance on, or the customer's support of, renewable sources of energy or the type and quantity of renewable energy resources available.

(b) A standard special contract for renewable pricing that has been approved as to form and substance by the Commission under this section shall not require further approval by the Commission under section 229 of this title as to individual customers who choose to execute that contract.

(c) Renewable pricing programs may be priced in the form of a premium relative to the tariff that would otherwise apply; provided the premium shall be cost-based, shall reasonably reflect the difference between acquiring the renewable energy and the utility's alternative cost of power, including administrative costs, and shall be adjusted via such periodic adjustment mechanisms, including adjustment clauses, as the Commission shall approve as part of a renewable pricing program. Any renewable pricing program shall require that any costs of power in excess of the company's alternative cost of power shall be borne solely by those customers who elect to participate in the renewable pricing program.

(d) Tradeable renewable energy credits (with or without other features), tradeable emissions credits, emission offsets, or other market instruments created or obtained by energy resources acquired pursuant to or as part of a renewable pricing program approved under this section shall be permanently retired by or on behalf of the program's subscribers, and shall not be sold or otherwise disposed of. However, if a program is not fully subscribed, any such instruments created or obtained by the unsubscribed portion of the program may be sold or disposed of at no less than market value if the net proceeds of such sale or disposal are used to reduce the cost paid under the renewable pricing program.

(e) The Commission shall ensure that disclosures and representations made regarding renewable pricing programs are accurate, are reasonably supported by objective data, disclose the types of technologies used, whether the energy is Vermont-based or not, and clearly distinguish between energy or tradeable energy credits provided from renewable and nonrenewable sources, and existing and new sources.

(f) [Repealed.]

(g) The Commission shall consider the following factors in deciding whether and upon what conditions to approve a proposed renewable energy pricing program:

(1) minimization of marketing and administrative expenses;

(2) auditing or certification of sources of energy or tradeable renewable energy credits;

(3) marketing and promotion plans;

(4) effectiveness of the program in meeting the goals of promoting renewable energy generation and public understanding of renewable energy sources in Vermont;

(5) retention by the program of renewable energy production incentives, tax incentives, and other incentives earned or otherwise obtained by energy resources acquired pursuant to or as part of a renewable energy pricing program approved under this section to reduce the cost of any premiums paid under this section; and

(6) costs imposed on nonparticipating customers arising on account of the implementation of the voluntary renewable energy pricing program.
30 V.S.A. § 516 — VT Code / Title 30 / Chapter 13 / Section 516
§ 516. Modification by the Commission of cable television tariff requirements
Status: in_force

(a) The Commission may modify, reduce, or suspend requirements under sections 225 and 226, subsection 227(a), and section 229 of this title if it finds that provisions of federal law have the effect of substantially preventing the Commission from exercising its authority under those sections to investigate or determine if cable television rates are just and reasonable. In exercising its authority under this section, the Commission may adopt such terms and conditions as it finds reasonable and shall ensure that the remaining requirements under this title will afford the public at least as much protection as the applicable regulatory requirements being suspended or reduced.

(b) When exercising its authority under this section, the Commission may act by rule or, after notice and opportunity for hearing, it may act by order. The modifications, reductions, or suspensions may apply to one or more classes of cable television service provider and may apply differently to each class.

(c) Upon petition of the Department, the Commission shall, and upon its own initiative the Commission may, investigate whether it should reimpose any regulatory requirements that it has modified, suspended, or reduced under this section. If the Commission finds, after notice and an opportunity for hearing, and after considering the factors identified in this section, that the public is not sufficiently protected, the Commission may reimpose any regulatory provisions that the Commission deems necessary. Pending any final order, the Commission may reimpose any regulatory requirements on a temporary basis as it determines is just and reasonable. If the federal government allows states to regulate cable television rates, the Commission shall reimpose any regulatory provisions modified, reduced, or suspended pursuant to this section.
30 V.S.A. § 7523 — VT Code / Title 30 / Chapter 88 / Section 7523
§ 7523. Rate of charge
Status: in_force

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

(a) Beginning on July 1, 2014, the rate of charge shall be two percent of retail telecommunications service.

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

(a)(1) Except as provided in subsection 7521(e) of this chapter, which pertains to prepaid wireless telecommunications service, and in subdivision (4) of this subsection, the monthly rate of charge shall be $0.72 for each retail access line in service.

(2) The number of access lines a telecommunications service provider provides a customer shall be deemed equal to the number of inbound or outbound, whichever is greater, two-way communications by any technology that the customer can maintain at the same time as provisioned by the provider's service.

(3) As used in this section, “access line” means a wire or wireless connection that provides voice telecommunications service to or from any device used by a customer, regardless of technology, that is associated with a 10-digit NPA-NXX number or other unique identifier and with a service location or place of primary use in Vermont and that is capable of accessing the 911 system.

(4) A customer enrolled in the federal Lifeline program or the Vermont Lifeline program, or both, is exempt from the Charge established by this chapter.

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

(b) Beginning on July 1, 2019, the rate of charge established under subsection (a) of this section shall be increased by four-tenths of one percent of retail telecommunications service, and the monies collected from this increase shall be transferred to the Vermont Community Broadband Fund established under section 8083 of this title, and up to $120,000.00 shall be used to fund a Rural Broadband Technical Assistance Specialist whose duties shall include providing outreach, technical assistance, and other support services to communications union districts established pursuant to chapter 82 of this title and other units of government, nonprofit organizations, cooperatives, and for-profit businesses for the purpose of expanding broadband service to unserved and underserved locations. Support services also may include providing business model templates for various approaches, including formation of or partnership with a cooperative, a communications union district, a rural economic development infrastructure district, an electric utility, or a new or existing internet service provider as operator of the network.

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

(b) From the monies collected by the Universal Service Charge under this chapter, 17 percent shall be transferred to the Vermont Community Broadband Fund established under section 8083 of this title, and up to $120,000.00 shall be used to fund a Rural Broadband Technical Assistance Specialist whose duties shall include providing outreach, technical assistance, and other support services to communications union districts established pursuant to chapter 82 of this title and other units of government, nonprofit organizations, cooperatives, and for- profit businesses for the purpose of expanding broadband service to unserved and underserved locations. Support services also may include providing business model templates for various approaches, including formation of or partnership with a cooperative, a communications union district, a rural economic development infrastructure district, an electric utility, or a new or existing internet service provider as operator of the network.

(c) Universal Service Charges imposed and collected by the fiscal agent under this subchapter shall not be transferred to any other fund or used to support the cost of any activity other than in the manner authorized by this section and section 7511 of this title.
30 V.S.A. § 7515 — VT Code / Title 30 / Chapter 88 / Section 7515
§ 7515. High-Cost Program
Status: in_force

(a) The Universal Service Charge shall be used as a means of keeping basic telecommunications service affordable in all parts of this State, thereby maintaining universal service, and as a means of supporting access to broadband service in all parts of the State.

(b) The Public Utility Commission, after review of a petition of a company holding a certificate of public good to provide telecommunications service in Vermont, and upon finding that the company meets all requirements for designation as an “eligible telecommunications carrier” as defined by the FCC, may designate the company as a Vermont-eligible telecommunications carrier (VETC).

(c) The supported services a designated VETC must provide are voice telephony services, as defined by the FCC, and broadband internet access, directly or through an affiliate. A VETC receiving support under this section shall use that support for capital improvements in high-cost areas, as defined in subsection (f) of this section, to build broadband capable networks.

(d) The Commission may designate multiple VETCs for a single high-cost area, but each designated VETC shall:

(1) offer supported services to customers at all locations throughout the high-cost area or areas for which it has been designated; and

(2) for its voice telephone services, meet service quality standards set by the Commission.

(e) A VETC shall receive support as defined in subsection (i) of this section from the fiscal agent of the Vermont Universal Service Fund for each telecommunications line in service or service location, whichever is greater in number, in each high-cost area it services. Such support may be made in the form of a net payment against the carrier's liability to the Fund. If multiple VETCs are designated for a single area, then each VETC shall receive support for each line it has in service.

(f) As used in this section, a Vermont telephone exchange is a “high-cost area” if the exchange is served by a rural telephone company, as defined by federal law, or if the exchange is designated as a rural exchange in the wholesale tariff of a regional bell operating company (RBOC), as defined by the FCC, or of a successor company to an RBOC. An exchange is not a high-cost area if the Public Utility Commission finds that the supported services are available to all locations throughout the exchange from at least two service providers.

(g) Except as provided in subsection (h) of this section, a VETC shall provide broadband internet access at speeds no lower than 25 Mbps download and 3 Mbps upload in each high-cost area it serves within five years of designation. A VETC need not provide broadband service to a location that has service available from another service provider, as determined by the Department of Public Service.

(h) The Public Utility Commission may modify the buildout requirements of subsection (d) of this section as it relates to broadband internet access to be the geographic area that could be reached using one-half of the funds to be received over five years. A VETC may seek such waiver of the buildout requirements within one year of designation and shall demonstrate the cost of meeting broadband internet access requirements on an exchange basis and propose an alternative buildout plan.

(i) The amount of the monthly support under this section shall be the pro rata share of available funds based on the total number of incumbent local exchange carriers in the State and reflecting each carrier's lines in service or service locations in its high-cost area or areas, as determined under subsection (e) of this section. If an incumbent local exchange carrier does not petition the Commission for VETC designation, or is found ineligible by the Commission, the share of funds it otherwise would have received under this section shall be used to support the Connectivity Initiative established in section 7515b of this chapter.

(j) The Public Utility Commission shall adopt by rule standards and procedures for ensuring projects funded under this section are not competitive overbuilds of existing wired telecommunications services.

(k) Each VETC shall submit certification that it is meeting the requirements of this section and an accounting of how it expended the funds received under this section in the previous calendar year, with its annual report to the Department of Public Service. For good cause shown, the Public Utility Commission may investigate submissions required by this subsection and may revoke a company's designation if it finds that the company is not meeting the requirements of this subsection.
30 V.S.A. § 8002 — VT Code / Title 30 / Chapter 89 / Section 8002
§ 8002. Definitions
Status: repealed

As used in this chapter:

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

(2) “Commissioned” or “commissioning” means the first time a plant is put into operation following initial construction or modernization if the costs of modernization are at least 50 percent of the costs that would be required to build a new plant including all buildings and structures technically required for the new plant's operation. However, these terms shall not include activities necessary to establish operational readiness of a plant.

(3) “CPI” means the Consumer Price Index for all urban consumers, designated as “CPI-U,” in the northeast region, as published by the U.S. Department of Labor, Bureau of Labor Statistics.

(4) “Customer” means a retail electric consumer.

(5) “Department” means the Department of Public Service under section 1 of this title, unless the context clearly indicates otherwise.

(6) “Energy conversion efficiency” means the effective use of energy and heat from a combustion process.

(7) “Environmental attributes” means the characteristics of a plant that enable the energy it produces to qualify as renewable energy and include any and all benefits of the plant to the environment such as avoided emissions or other impacts to air, water, or soil that may occur through the plant's displacement of a nonrenewable energy source.

(8) “Existing renewable energy” means renewable energy produced by a plant that came into service prior to or on December 31, 2009.

(9) “Greenhouse gas reduction credits” shall be as defined in section 8006a of this title.

(10) “Group net metering system” means a net metering system serving more than one customer, or a single customer with multiple electric meters, located within the service area of the same retail electricity provider. Various buildings owned by municipalities, including water and wastewater districts, fire districts, villages, school districts, and towns, may constitute a group net metering system. A union or district school facility may be considered in the same group net metering system with buildings of its member schools that are located within the service area of the same retail electricity provider. A system that files a complete application for a certificate of public good on or after January 1, 2026 shall not qualify for group net metering, unless the plant will be located on the same parcel, or a parcel adjacent to, the parcel where the energy is utilized.

(11) “kW” means kilowatt or kilowatts (AC).

(12) “kWh” means kW hour or hours.

(13) “MW” means megawatt or megawatts (AC).

(14) “MWH” means MW hour or hours.

(15) “Net metering” means measuring the difference between the electricity supplied to a customer and the electricity fed back by the customer's net metering system during the customer's billing period:

(A) Using a single, non-demand meter or other meter that would otherwise be applicable to the customer's usage but for the use of net metering.

(B) If the system serves more than one customer, using multiple meters. The calculation shall be made by converting all meters to a non- demand, non-time-of-day meter, and equalizing them to the tariffed kWh rate.

(16) “Net metering system” means a plant for generation of electricity that:

(A) is of not more than 500 kW capacity;

(B) operates in parallel with facilities of the electric distribution system;

(C) is intended primarily to offset the customer's own electricity requirements and does not primarily supply electricity to electric vehicle supply equipment, as defined in section 201 of this title, for the resale of electricity to the public by the kWh or for other retail sales to the public, including those based in whole or in part on a flat fee per charging session or a time-based fee for occupying a parking space while using electric vehicle supply equipment;

(D)(i) employs a renewable energy source; or

(ii) is a qualified micro-combined heat and power system of 20 kW or fewer that meets the definition of combined heat and power in subsection 8015(b) of this title and uses any fuel source that meets air quality standards; and

(E)(i) for a system that files a complete application for a certificate of public good after December 31, 2024, except for systems as provided for in subdivision (ii) of this subdivision (E), generates energy that will be used on the same parcel as, or a parcel adjacent to, the parcel where the plant is located;

(ii) for a system that files a complete application for a certificate of public good after December 31, 2025, if the system serves a multifamily building containing qualified rental units serving low-income tenants, as defined under 32 V.S.A. § 5404a(a)(6), generates energy that will be used on the same parcel as, or a parcel adjacent to, the parcel where the plant is located; and

(iii) for purposes of subdivisions (10) and (16), two parcels shall be adjacent if they share a property boundary or are adjacent and separated only by a river, stream, railroad line, private road, public highway, or similar intervening landform.

(17) “New renewable energy” means renewable energy capable of delivery in New England and produced by a specific and identifiable plant coming into service on or after January 1, 2010, but excluding energy generated by a hydroelectric generation plant with a capacity of 200 MW or greater.

(A) Energy from within a system of generating plants that includes renewable energy shall not constitute new renewable energy, regardless of whether the system includes specific plants that came or come into service on or after January 1, 2010.

(B) Except as provided in subdivision 8005(c)(3) of this title, “new renewable energy” also includes the additional energy from an existing renewable energy plant retrofitted with advanced technologies or otherwise operated, modified, or expanded to increase the kWh output of the plant in excess of a historical baseline established by calculating the average output of that plant for the 10-year period that ended January 1, 2010. If the production of new renewable energy through changes in operations, modification, or expansion involves combustion of the resource, the system also must result in an incrementally higher level of energy conversion efficiency or significantly reduced emissions.

(18) “Plant” means an independent technical facility that generates electricity from renewable energy. A group of facilities, such as wind turbines, shall be considered one plant if the group is part of the same project and uses common equipment and infrastructure such as roads, control facilities, and connections to the electric grid. Common ownership, contiguity in time of construction, and proximity of facilities to each other shall be relevant to determining whether a group of facilities is part of the same project.

(19) “Plant capacity” means the rated electrical nameplate for a plant, except that, in the case of a solar energy plant, the term shall mean the aggregate AC nameplate capacity of all inverters used to convert the plant's output to AC power.

(20) “Plant owner” means a person who has the right to sell electricity generated by a plant.

(21) “Renewable energy” means energy produced using a technology that relies on a resource that is being consumed at a harvest rate at or below its natural regeneration rate.

(A) For purposes of this subdivision (21), methane gas and other flammable gases produced by the decay of sewage treatment plant wastes or landfill wastes and anaerobic digestion of agricultural products, byproducts, or wastes, or of food wastes shall be considered renewable energy resources, but no other form of solid waste, other than silvicultural waste, shall be considered renewable.

(B) For purposes of this subdivision (21), no form of nuclear fuel shall be considered renewable.

(C) The only portion of electricity produced by a system of generating resources that shall be considered renewable is that portion generated a technology that qualifies as renewable under this subdivision (21).

(D) The Commission by rule may add technologies or technology categories to the definition of “renewable energy,” provided that technologies using the following fuels shall not be considered renewable energy supplies: coal, oil, propane, and natural gas.

(E) In this chapter, renewable energy refers to either “existing renewable energy” or “new renewable energy.”

(22)(A) “Renewable pricing” shall mean an optional service provided or contracted for by an electric company:

(i) under which the company's customers may voluntarily either:

(I) purchase all or part of their electric energy from renewable sources as defined in this chapter; or

(II) cause the purchase and retirement of tradeable renewable energy credits on the participating customer's behalf; and

(ii) that increases the company's reliance on renewable sources of energy beyond those the electric company would otherwise be required to provide under section 218c of this title.

(B) Renewable pricing programs may include:

(i) contribution-based programs in which participating customers can determine the amount of a contribution, monthly or otherwise, that will be deposited in a Commission-approved fund for new renewable energy project development;

(ii) energy-based programs in which customers may choose all or a discrete portion of their electric energy use to be supplied from renewable resources;

(iii) facility-based programs in which customers may subscribe to a share of the capacity or energy from specific new renewable energy resources.

(23) “Retail electricity provider” or “provider” means a company engaged in the distribution or sale of electricity directly to the public.

(24) “Standard Offer Facilitator” means an entity appointed by the Commission pursuant to subsection 8005a(a) of this title.

(25) [Repealed.]

(26) “Tradeable renewable energy credits” means all of the environmental attributes associated with a single unit of energy generated by a renewable energy source where:

(A) those attributes are transferred or recorded separately from that unit of energy;

(B) the party claiming ownership of the tradeable renewable energy credits has acquired the exclusive legal ownership of all, and not less than all, the environmental attributes associated with that unit of energy; and

(C) exclusive legal ownership can be verified through an auditable contract path or pursuant to the system established or authorized by the Commission or any program for tracking and verification of the ownership of environmental attributes of energy legally recognized in any state and approved by the Commission.

(27) “Vermont composite electric utility system” means the combined generation, transmission, and distribution resources along with the combined retail load requirements of the Vermont retail electricity providers.

(28) “Energy transformation project” means an undertaking that provides energy-related goods or services but does not include or consist of the generation of electricity and that results in a net reduction in fossil fuel consumption by the customers of a retail electricity provider and in the emission of greenhouse gases attributable to that consumption. Examples of energy transformation projects may include home weatherization or other thermal energy efficiency measures; air source or geothermal heat pumps; high efficiency heating systems; increased use of biofuels; biomass heating systems; support for transportation demand management strategies; support for electric vehicles or related infrastructure; and infrastructure for the storage of renewable energy on the electric grid.

(29) “RES” means the Renewable Energy Standard established under sections 8004 and 8005 of this title.

(30) “Energy storage facility” has the same meaning as in section 201 of this title.

(31) “Load” means the total amount of electricity utilized by a retail electricity provider over a 12-month calendar year period, including its retail electric sales, any use by the provider itself not included in retail sales, and transmission and distribution line losses associated with and allocated to the retail electricity provider.

(32) “Load growth” means the increase above a baseline year in a retail electricity provider's load.
30 V.S.A. § 249a — VT Code / Title 30 / Chapter 5 / Section 249a
§ 249a. Campground submetering
Status: in_force

Notwithstanding the provisions of section 249 of this title or any other provision of this title, a person operating a recreational campground may provide submetered electric service to campground users on a nonprofit basis, if such service is provided in accordance with rules adopted by the Commission, including rules relating to notice of rates and charges, accuracy of electrical submeters, and reasonable billing and complaint procedures.
30 V.S.A. § 7054 — VT Code / Title 30 / Chapter 87 / Section 7054
§ 7054. Funding
Status: in_force

(a) The Enhanced 911 Fund is created as a special fund subject to the provisions of 32 V.S.A. chapter 7, subchapter 5. Balances in the Fund on June 30 of each year shall carry forward and shall not revert to the General Fund.

(b) The General Assembly shall annually review and approve an amount to be transferred by the universal service fiscal agent to the Enhanced 911 Fund and shall appropriate some or all of that amount for expenditures related to providing Enhanced 911 services.

(c) Into the Enhanced 911 Fund shall be deposited monies transferred from the universal service fiscal agent, any State or federal funds appropriated to the Fund by the General Assembly, any taxes specifically required by law to be deposited into the Fund, and any grants or gifts received by the State for the benefit of the Enhanced 911 system.

(d) Disbursements from the Enhanced 911 Fund shall be made by the State Treasurer on warrants drawn by the Director solely for the purposes specified in this chapter. The Director may issue such warrants pursuant to contracts or grants.

(e) Disbursements may be made for:

(1) nonrecurring costs, including establishing public safety answering points, purchasing network equipment and software, developing databases, and providing for initial training and public education;

(2) recurring costs, including network access fees and other telephone charges, software, equipment, database management and improvement, public education, ongoing training, and equipment maintenance;

(3) expenses of the Board and the Department of Public Service incurred under this chapter;

(4) costs solely attributable to statewide public safety answering point operations; and

(5) costs attributable to demonstration projects designed to enhance the delivery of emergency 911 and other emergency services.

(f) Disbursements may not be made for:

(1) personnel costs for emergency dispatch answering points;

(2) construction, purchase, renovation, or furnishings for buildings at emergency dispatch points;

(3) two-way radios; and

(4) vehicles and associated equipment.
30 V.S.A. § 2909 — VT Code / Title 30 / Chapter 79 / Section 2909
§ 2909. Hearing before Commission on failure to agree
Status: in_force

If the municipality does not ratify such agreement for the purchase in the manner provided in section 2908 of this title or if the price cannot be agreed upon or if it cannot be agreed as to how much, if any, of such plant and property lying outside such municipality the public interest requires such municipality to purchase, either the municipality or the utility may petition the Commission for a determination of these questions. The Commission, after proper notice and hearing, shall decide the amount of just compensation and any other matters in dispute, and shall also, when required to fix the price to be paid for such plant and property, determine the amount of damages, if any, caused by the severance of the plant and property proposed to be purchased from the other plant and property of the utility. The Commission shall make its determinations on or before 12 months after the filing of the petition. The Commission may extend the time for determination an additional six months upon agreement of all of the parties or, absent such an agreement, upon a finding by the Commission, after notice and hearing, that such an extension is necessary to prevent injustice to one or more of the parties. From such determinations, there shall be the right of appeal to the Supreme Court on all matters involved as provided in chapter 1 of this title.
30 V.S.A. § 7521 — VT Code / Title 30 / Chapter 88 / Section 7521
§ 7521. Charge imposed; wholesale exemption
Status: repealed

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

(a) A Universal Service Charge is imposed on all retail telecommunications service provided to a Vermont address. Where the location of a service and the location receiving the bill differ, the location of the service shall be used to determine whether the Charge applies. The Charge is imposed on the person purchasing the service, but shall be collected by the telecommunications provider. Each telecommunications service provider shall include in its tariffs filed at the Public Utility Commission a description of its billing procedures for the Universal Service Charge.

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

(a) A Universal Service Charge is imposed on all retail telecommunications service provided to a Vermont address. Where the location of a service and the location receiving the bill differ, the location of the service shall be used to determine whether the Charge applies. The Charge is imposed on the person purchasing the service, but shall be collected by the telecommunications service provider. As applicable, each telecommunications service provider shall include in its tariffs filed at the Public Utility Commission a description of its billing procedures for the Universal Service Charge.

(b) The Universal Service Charge shall not apply to wholesale transactions between telecommunications service providers where the service is a component part of a service provided to an end user. This exemption includes network access charges and interconnection charges paid to a local exchange carrier.

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

(c) In the case of mobile telecommunications service, the Universal Service Charge is imposed when the customer's place of primary use is in Vermont. The terms “customer,” “place of primary use,” and “mobile telecommunications service” have the meanings given in 4 U.S.C. § 124. All provisions of 32 V.S.A. § 9782 shall apply to the imposition of the Universal Service Charge under this section.

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

(c) In the case of mobile telecommunications service, the Universal Service Charge is imposed when the customer's place of primary use is in Vermont. As used in this subsection, the terms “customer ” and “place of primary use,” have the meanings given in 4 U.S.C. § 124. All provisions of 32 V.S.A. § 9782 shall apply to the imposition of the Universal Service Charge under this section.

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

(d) [Repealed.]

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

(d) In the case of interconnected VoIP service, the Universal Service Charge is imposed when the customer's place of primary use is in Vermont. As used in this subsection, the term “place of primary use” means the street address where the customer's use of interconnected VoIP service primarily occurs or a reasonable proxy as determined by the interconnected VoIP service provider, such as the customer's registered location for 911 purposes.

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

(e)(1) Notwithstanding any other provision of law to the contrary, beginning on January 1, 2020, the Universal Service Charge shall be imposed on all retail sales of prepaid wireless telecommunications service subject to the sales and use tax imposed under 32 V.S.A. chapter 233. The charges shall be collected by sellers or marketplace facilitators collecting sales tax pursuant to 32 V.S.A. § 9713 and remitted to the Department of Taxes in the manner provided under 32 V.S.A. chapter 233. Upon receipt of the charges, the Department of Taxes shall have 30 days to remit the funds to the fiscal agent selected under section 7503 of this chapter. The Commissioner of Taxes shall establish registration and payment procedures applicable to the Universal Service Charge imposed under this subsection consistent with the registration and payment procedures that apply to the sales tax imposed on such services and also consistent with the administrative provisions of 32 V.S.A. chapter 151, including any enforcement or collection action available for taxes owed pursuant to that chapter.

(2) If a minimal amount of prepaid wireless telecommunications service is sold with a prepaid wireless device for a single, nonitemized price, then the seller may elect not to apply the Universal Service Charge to such transaction.

(3) As used in this subsection:

(A) “Minimal amount” means an amount of service denominated as not more than 10 minutes or not more than $5.00.

(B) “Prepaid wireless telecommunications service” means a telecommunications service as defined in subdivision 203(5) of this title that a consumer pays for in advance and that is sold in predetermined units or dollars that decline with use.

(C) “Seller” means a person who sells prepaid wireless telecommunications service to a consumer.

(D) “Marketplace facilitator” shall have the same meaning as in 32 V.S.A. § 9701(56).

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

(e)(1) Notwithstanding any other provision of law to the contrary, a Universal Service Charge of 2.4 percent shall be imposed on all retail sales of prepaid wireless telecommunications service subject to the sales and use tax imposed under 32 V.S.A. chapter 233. The charges shall be collected by sellers or marketplace facilitators collecting sales tax pursuant to 32 V.S.A. § 9713 and remitted to the Department of Taxes in the manner provided under 32 V.S.A. chapter 233. Upon receipt of the charges, the Department of Taxes shall have 30 days to remit the funds to the fiscal agent selected under section 7503 of this chapter. The Commissioner of Taxes shall establish registration and payment procedures applicable to the Universal Service Charge imposed under this subsection consistent with the registration and payment procedures that apply to the sales tax imposed on such services and also consistent with the administrative provisions of 32 V.S.A. chapter 151, including any enforcement or collection action available for taxes owed pursuant to that chapter.

(2) If a minimal amount of prepaid wireless telecommunications service is sold with a prepaid wireless device for a single, nonitemized price, then the seller may elect not to apply the Universal Service Charge to such transaction.

(3) As used in this subsection:

(A) “Minimal amount” means an amount of service denominated as not more than 10 minutes or not more than $5.00.

(B) “Prepaid wireless telecommunications service” means a telecommunications service as defined in subdivision 203(5) of this title that a consumer pays for in advance and that is sold in predetermined units or dollars that decline with use.

(C) “Seller” means a person who sells prepaid wireless telecommunications service to a consumer.

(D) “Marketplace facilitator” shall have the same meaning as in 32 V.S.A. § 9701(56).
30 V.S.A. § 212e — VT Code / Title 30 / Chapter 5 / Section 212e
§ 212e. Representation of public; production of records
Status: in_force

(a) The Commission shall request the appearance of the Attorney General or shall appoint a member of the Vermont bar to represent the interests of the public or the State in any hearings before the Commission under section 212a, 212c, or 212d of this title regarding either:

(1) the sale of electrical energy by the Department of Public Service; or

(2) any other matter in which, upon petition of a company directly affected, the Commission finds that there is a conflict or a likelihood of a conflict between the Department's role as seller or distributor of electrical energy under this section and the Department's responsibility to represent the interests of the public or the State in that matter. The Department shall upon request provide sufficient funds to the Attorney General or person so appointed to engage necessary engineering or other technical advice.

(b) Any request by the Department of Public Service, or subpoena issued by the Department of Public Service for the production and examination of books, records, and witnesses, or to furnish information under this title, may, upon motion to the Commission by the company affected, be quashed upon a finding by the Commission that the request or subpoena would result in the production of a trade secret or other confidential research, development, or commercial information of the company that would materially disadvantage the company as a competitor to the Department in the sale or distribution of electrical energy.
30 V.S.A. § 212d — VT Code / Title 30 / Chapter 5 / Section 212d
§ 212d. Access; negotiations; Commission order
Status: in_force

(a) Upon a finding by the Commission that the retail sale will promote the general good of the State under section 212c of this subchapter, Vermont electric utility companies shall enter into negotiations for contracts with the Department that are necessary for sale and distribution, including lease of facilities, provision of services to the Department to distribute electric energy, and the assurance of adequate reliability. The rates, charges, terms, or other conditions of such contracts shall be established by negotiations or pursuant to subsection (b) of this section. No electric utility company with which the Department shares a service territory may unreasonably deny replacement power needed by the Department to ensure adequate reliability of service.

(b) If, pursuant to subsection (a) of this section, the Department and a company are unable to negotiate the rates, charges, terms, or other conditions of the contracts, including the assurance of adequate reliability, either may petition the Public Utility Commission to establish the rates, terms, charges, or conditions, or resolve any other related matter, as the Commission determines to be just and reasonable. The Commission shall establish rates or charges under this section to compensate or reimburse such company for all costs reasonably and necessarily incurred by it to provide such arrangements. The Commission shall offer an opportunity for commencing a hearing within 45 days following filing of the petition and shall make either a final decision or, if unable to do so, an interim decision within three months of filing of the petition. If, within three months of filing, the Commission is unable to reach a final decision on the petition, the Commission shall direct the company to provide to the Department the necessary arrangements, including if necessary or appropriate, backup reliability, and access to facilities to allow the Department to distribute the electric energy involved in its proposal on an interim basis under such interim terms and conditions as the Commission finds to be reasonable pending a final Commission decision on the petition. The Commission shall render a final decision on the petition within six months following the date it is filed.
30 V.S.A. § 247 — VT Code / Title 30 / Chapter 5 / Section 247
§ 247. Penalty
Status: in_force

In addition to any civil penalty imposed under section 30 and section 230 of this title, any person, partnership, unincorporated association, company, or corporation, or the officers of any unincorporated association, company, or corporation who violates section 230 or section 248 of this title shall be fined not more than $100.00 or imprisoned not more than 60 days, or both.
30 V.S.A. § 28 — VT Code / Title 30 / Chapter 1 / Section 28
§ 28. Hearings
Status: in_force

For the purpose of ascertaining the correctness of any return or for the purpose of making an estimate of the taxes due from any company, the Department of Public Service shall have power to examine or cause to be examined by any agent or representative designated by it for that purpose any books, papers, records, or memoranda of the company or of any person or corporation in the State bearing upon the matters required to be included in the return, and may require the attendance of any person having knowledge in the premises, at any place in the county where such person resides, and may take testimony and require proof material for its information, with power to administer an oath to such person.
30 V.S.A. § 227b — VT Code / Title 30 / Chapter 5 / Section 227b
§ 227b. Wireless telecommunications
Status: in_force

(a)(1) The Secretary of Administration is designated as the exclusive agent for the State of Vermont to contract for the use of State-owned buildings, structures, and land for wireless, two-way interactive telecommunications facilities. The Secretary is granted the power to contract or grant a lease or license of up to 25 years for such buildings, structures, and land for such purposes. The provisions of this section shall apply to all State-owned buildings, structures, and land, including such property owned or managed by the Department of Buildings and General Services, the Agency of Transportation, the Department of Public Safety, and the Agency of Natural Resources.

(2) The Secretary is granted all powers necessary to carry out his or her responsibilities under this section. Notwithstanding any other provision of law, the powers granted to the Secretary under this section relating to wireless telecommunications facilities shall supersede the authority granted to any other State official or agency relating to such facilities. The powers granted by this section shall not affect the Secretary's duty, and any duty of the facility owner, to seek and obtain any applicable gubernatorial, quasi-judicial, or legislative review, approval, or permit required by law, including as necessary permits under 10 V.S.A. chapter 151 (Act 250), local planning and zoning permits, a certificate of public good under section 248a of this title, and legislative approval under 29 V.S.A. § 166 (sale or long-term lease of State lands), 10 V.S.A. § 2606 (exchange or lease of State forests and parks), or 10 V.S.A. § 2606a (State-owned mountaintop use as communications sites). A decision by the Secretary to contract or enter into or renew a lease or license for the use of a State-owned building, structure, or land for a wireless telecommunications facility shall have no presumptive or binding effect with respect to the facility's compliance with the standards or criteria used in determining whether to grant any such required approval or permit.

(3) The Secretary shall consult with all affected State officials and agencies concerning each proposed use of State properties for wireless telecommunications facilities to determine the compatibility of the particular building, structure, or parcel of land to accommodate such facilities and to determine and give due consideration to the compatibility of the proposed use with the approved long-term management plan for the property under consideration, but the approval of such officials or agencies is not required for the Secretary to exercise his or her powers under this section. In the case of lands managed by the Agency of Natural Resources, the Secretary shall determine that the use is consistent with any management plan to which the lands are subject.

(b) The Secretary of Administration shall develop a standard contract and a standard contracting procedure for the use of State-owned buildings and land for wireless telecommunications facilities. The contract and contracting procedure shall provide for:

(1) criteria and procedures for making a wireless facility development proposal;

(2) final consideration of each completed facility development proposal within 60 days following the proposal's submission in the manner prescribed by the Secretary;

(3) appropriate public benefits as compensation for the use of State properties, including public use of increased telecommunications capacity, direct compensation, or other public benefits;

(4) in the event that a wireless telecommunications facility is abandoned, the restoration of the site to a natural state within 12 months following abandonment. For the purpose of this subdivision, “natural state” does not require the removal of equipment and material buried more than 12 inches below natural grade if the equipment and material do not constitute hazardous material as defined under 10 V.S.A. § 6602(16), and the Secretary concludes that in the context of a particular site, removal of such equipment and material is not necessary to satisfy the purposes of this subsection. Nothing in this subdivision shall constitute authority to dispose of or bury waste or other material in contradiction of applicable law;

(5) encouragement of competition in wireless telecommunications, including requirements for open access for competing providers;

(6) encouragement of the use of advanced technology, and the collocation of facilities whenever feasible, in order that the number of wireless telecommunications facilities can be minimized or reduced;

(7) terms and conditions requiring certification by the owners of wireless telecommunications facilities on State-owned buildings, structures, or land that such facilities have been installed, operated, and maintained in accordance with applicable federal and State safety standards; and

(8) the retaining of a portion of revenues accruing from the lease of State-owned buildings, structures, or lands, as determined by the Secretary of Administration, by departments with management responsibility for such buildings, structures, or lands in order to cover operating and maintenance costs associated with two-way, interactive telecommunications facilities.

(c) By January 15, 2012, and by January 15 in the next succeeding three years, the Secretary of Administration shall report to the Chairs of the House Committee on Commerce and Economic Development and the Senate Committee on Finance concerning the Secretary's activities under this section.

(d) In the event of a conflict between the provisions of this section and any other provision of law relating to the use of State-owned buildings, structures, and land, including the provisions of 29 V.S.A. § 165 and 19 V.S.A. § 26a, the provisions of this section shall control.
30 V.S.A. § 7051 — VT Code / Title 30 / Chapter 87 / Section 7051
§ 7051. Definitions
Status: in_force

As used in this chapter:

(1) “Automatic location identification” or “ALI” means the system capability to identify automatically the geographical location of the electronic device being used by the caller to summon assistance and to provide that location information to an appropriate device located at any public safety answering point for the purpose of sending emergency assistance.

(2) “ALI database” means a derivative, verified set of records that contain at a minimum a telephone number and location identification for each unique building or publicly used facility within a defined geographic area in Vermont.

(3) “Automatic number identification” or “ANI” means the system capability to identify automatically the calling telephone number and to provide a display of that number at any public safety answering point.

(4) “Board” means the Vermont Enhanced 911 Board established under section 7053 of this title.

(5) “Caller” means a person or an automated device calling on behalf of a person.

(6) “Director” means the Director for statewide Enhanced 911.

(7) “Emergency call system” or “Enhanced 911 system” means a system consisting of devices with the capability to determine the location and identity of a caller that initiates communication for the purpose of summoning assistance in the case of an emergency. In most cases summoning assistance will occur when a caller dials the digits 9-1-1 on a telephone, mobile phone, or other IP-enabled service, or by a communication technology designed for the purpose of summoning assistance in the case of an emergency.

(8) “Emergency services” means fire, police, medical, and other services of an emergency nature as identified by the Board.

(9) “IP-enabled service” means a service, device, or application that makes use of internet protocol, or IP, and that is capable of entering the digits 9-1-1 or otherwise contacting the emergency 911 system. IP-enabled service includes voiceover IP and other services, devices, or applications provided through or using wire line, cable, wireless, or satellite or other facilities.

(10) “Municipality” means any city, town, incorporated village, unorganized town, gore, grant, or other political subdivision of the State.

(11) “Other methods of locating caller” means those commercially available technologies designed to provide the location information of callers when a call is initiated to access emergency 911 services regardless of the type of device that is used.

(12) “Public safety answering point” means a facility with the capability to receive emergency calls, operated on a 24-hour basis, assigned the responsibility of receiving 911 calls and dispatching, transferring, or relaying emergency 911 calls to other public safety agencies or private safety agencies.

(13) “Selective routing” means a telecommunications switching system that enables all 911 calls originating from within a defined geographical region to be answered at a predesignated public service answering point.

(14) “Dispatchable Location” means the location information delivered to the public safety answering point with a 911 call.

(15) “Enterprise Communications Systems (ECS)” means any networked communication system serving two or more stations, or living units, within an enterprise. ECS includes circuit-switched networks, such as multi-line telephone systems or legacy ECS, IP-enabled service, and cloud-based technology.

(16) “Station” means a telephone handset, customer premise equipment (CPE), or calling device that is capable of initiating a call to 911.
30 V.S.A. § 8004 — VT Code / Title 30 / Chapter 89 / Section 8004
§ 8004. Sales of electric energy; Renewable Energy Standard (RES)
Status: in_force

(a) Establishment; requirements. The RES is established. Under this program, a retail electricity provider shall not sell or otherwise provide or offer to sell or provide electricity in the State of Vermont without ownership of sufficient energy produced by renewable energy plants or sufficient tradeable renewable energy credits from plants whose energy is capable of delivery in New England that reflect the required amounts of renewable energy set forth in section 8005 of this title or without support of energy transformation projects in accordance with that section. A retail electricity provider may meet the required amounts of renewable energy through eligible tradeable renewable energy credits that it owns and retires, eligible renewable energy resources with environmental attributes still attached, or a combination of those credits and resources.

(b) Rules. The Commission shall adopt the rules that are necessary to allow the Commission and the Department to implement and supervise further the implementation and maintenance of the RES.

(c) RECS; banking. The Commission shall allow a provider that has met the required amount of renewable energy in a given year, commencing with 2017, to retain tradeable renewable energy credits created or purchased in excess of that amount for application to the provider's required amount of renewable energy in one of the following three years.

(d) Alternative compliance payment. In lieu of purchasing renewable energy or tradeable renewable energy credits or supporting energy transformation projects to satisfy the requirements of this section and section 8005 of this title, a retail electricity provider in this State may pay to the Vermont Clean Energy Development Fund established under section 8015 of this title an alternative compliance payment at the applicable rate set forth in section 8005. The administrator of the Vermont Clean Energy Development Fund shall use the payment from a retail electricity provider electing to make an alternative compliance payment to satisfy its obligations under subdivisions 8005(a)(1), 8005(a)(2), 8005(a)(4), and 8005(a)(5) of this title for the development of renewable energy plants that are intended to serve and benefit customers with low income of the retail electricity provider that has made the payment. Such plants shall be located within the provider's service territory, if feasible. In the event that such a payment is insufficient to enable the development of a renewable energy plant, the administrator may use the payment for other initiatives allowed under section 8015 of this title that will benefit customers with low income of the retail electricity provider that has made the payment. As used in this subsection (d), “customer with low income” means a person purchasing energy from a retail electricity provider and with an income that is less than or equal to 80 percent of area median income, adjusted for family size, as published annually by the U.S. Department of Housing and Urban Development.

(e) VPPSA members. In the case of members of the Vermont Public Power Supply Authority, the requirements of this chapter may be met in the aggregate.

(f) Joint efforts. Retail electricity providers may engage in joint efforts to meet one or more categories within the RES.