3 V.S.A. § 481 — VT Code / Title 3 / Chapter 16 / Section 481
§ 481. Definitions
Status: in_force

The following words and phrases as used in this subchapter, unless a different meaning is plainly required by the context, shall have the following meanings:

(1) “Employee” shall mean any regular officer or employee who is employed for not less than 40 calendar weeks in a year, other than a person engaged under retainer or special agreement. In all cases of doubt, the Retirement Board shall determine whether any person is an employee as defined in this subchapter.

(2) “National Guard employees” shall mean employees of the Vermont National Guard hired under 32 U.S.C. § 709.

(3) “Employer” shall mean any political subdivision of the State of Vermont and the Vermont National Guard as to employees thereof hired under 32 U.S.C. § 709.

(4) “Governing board” shall mean the governing body, by whatever name known, of such employer.

(5) “Local retirement fund” shall mean any retirement, pension, or benefit fund partially or wholly maintained at the expense of an employer.

(6) “Retirement Board” shall mean the Retirement Board of the State Retirement System.
3APPENDIX V.S.A. § 28 — VT Code / Title 3APPENDIX / Chapter 20 / Section 28
§ 20-28. Exec. Order No. 20-28 (No. 05-02) [Declaration of State of Emergency for the County of Caledonia]
Status: in_force

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
3 V.S.A. § 1231 — VT Code / Title 3 / Chapter 31 / Section 1231
§ 1231. Records; confidentiality [Effective September 1, 2027]
Status: in_force

(a) Intent. It is the intent of this section both to protect the reputation of public servants from public disclosure of frivolous complaints against them and to fulfill the public's right to know any unethical conduct committed by a public servant that results in issued warnings, reprimands, or recommended actions.

(b) Public records. Except as where otherwise provided in this chapter, public records relating to the Commission's handling of complaints, alleged unethical conduct, investigations, proceedings, and executed resolution agreements are exempt from public inspection and copying under the Public Records Act and shall be kept confidential, except those public records required or permitted to be released under this chapter. Records subject to public inspection and copying under the Public Records Act shall include:

(1) investigation reports relating to alleged unethical conduct determined to warrant a hearing pursuant to section 1227 of this title, but not any undisclosed records gathered or created in the course of an investigation;

(2) at the request of the public servant or the public servant's designated representative, investigation reports relating to alleged unethical conduct determined to not warrant a hearing pursuant to section 1227 of this title, but not any undisclosed records gathered or created in the course of an investigation;

(3) evidence produced in the open and public portions of Commission hearings;

(4) any warnings, reprimands, and recommendations issued by the Commission;

(5) any summaries of executed resolution agreements; and

(6) any records, as determined by the Commission, that support a warning, reprimand, recommendation, or summary of an executed resolution agreement, including investigation reports in accordance with subdivisions (1) and (2) of this subsection.

(c) Court orders. Nothing in this section shall prohibit the disclosure of any information regarding alleged unethical conduct pursuant to an order from a court of competent jurisdiction, or to a State or federal law enforcement agency in the course of its investigation, provided the agency agrees to maintain the confidentiality of the information as provided in subsection (b) of this section.
3 V.S.A. § 2822 — VT Code / Title 3 / Chapter 51 / Section 2822
§ 2822. Budget and report; powers
Status: repealed

(a) The Secretary shall be responsible to the Governor and shall plan, coordinate, and direct the functions vested in the Agency. The Secretary shall prepare and submit to the Governor an annual budget.

(b) The Secretary shall also have the powers and duties set forth in section 2803 of this title.

(c) If a waiver has been granted by the Public Utility Commission under 30 V.S.A. § 248(k), the Secretary or the Secretary's designee shall expedite and may authorize temporary emergency permits with appropriate conditions to minimize significant adverse environmental impacts within the jurisdiction of the Agency, after limited or no opportunity for public comment, allowing site preparation for or construction or operation of an electric transmission facility or a generating facility necessary to ensure the stability or reliability of the electric system or a natural gas facility, regardless of any provision in Title 10 or 29 V.S.A. chapter 11. Such authorization shall be given only after findings by the Secretary that good cause exists because an emergency situation has occurred; the applicant will fulfill any conditions imposed to minimize significant adverse environmental impacts; and the applicant will, upon the expiration of the temporary emergency permit, remove, relocate, or alter the facility as required by law or by an order of the Public Utility Commission. A permit issued under this subsection shall be subject to such conditions as are required by the Secretary and shall be valid for the duration of the declared emergency plus 180 days, or such lesser overall term as determined by the Secretary. Upon the expiration of a temporary emergency permit under this subsection, if any applicable permits have not been issued by the Secretary or the Commissioner of Environmental Conservation, the Secretary may seek enforcement under applicable law.

(d) The Secretary may adopt rules to implement the authority to issue expedited, temporary emergency permits specified in subsection (c) of this section and in 20 V.S.A. § 9(11).

(e) The Secretary, with the approval of the Secretary of Administration, may transfer any unexpended funds appropriated in a capital construction act to other projects authorized in the same section of that act.

(f) For any Agency program, the Secretary may provide for simplified application forms and procedures for minor projects.

(g) The Secretary shall make all practical efforts to process permits in a prompt manner. The Secretary shall establish time limits for the processing of each permit as well as procedures and time periods within which to notify applicants whether an application is complete. The Secretary shall report no later than the third Tuesday of each annual legislative session to the General Assembly by electronic submission. The annual report shall assess the Agency's performance in meeting the limits; identify areas that hinder effective Agency performance; list fees collected for each permit; summarize changes made by the Agency to improve performance; describe staffing needs for the coming year; certify that the revenue from the fees collected is at least equal to the costs associated with those positions; and discuss the operation of the Agency during the preceding fiscal year and the future goals and objectives of the Agency. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection. This report is in addition to the fee report and request required by 32 V.S.A. chapter 7, subchapter 6.

(h) [Repealed.]

(i) The Secretary shall not process an application for which the applicable fee has not been paid unless the Secretary specifies that the fee may be paid at a different time or unless the person applying for the permit is exempt from the permit fee requirements pursuant to 32 V.S.A. § 710. Municipalities shall be exempt from the payment of fees under this section except for those fees prescribed in subdivisions (j)(1), (7), (8), (14), and (15) of this section for which a municipality may recover its costs by charging a user fee to those who use the permitted services. Municipalities shall pay fees prescribed in subdivisions (j)(2), (10), (11), (12), and (26), except that a municipality shall also be exempt from those fees for stormwater systems prescribed in subdivisions (j)(2)(A)(iii)(I), (II), or (IV) and (j)(2)(B)(iv)(I), (II), or (V) of this section for which a municipality has assumed full legal responsibility under 10 V.S.A. § 1264.

(j) In accordance with subsection (i) of this section, the following fees are established for permits, licenses, certifications, approvals, registrations, orders, and other actions taken by the Agency of Natural Resources.

(1) For air pollution control permits or registrations issued under 10 V.S.A. chapter 23:

(A) Base service fees. Any persons subject to the provisions of 10 V.S.A. § 556 shall submit with each permit application or with each request for a permit amendment, a base service fee in accordance with the base fee schedule in subdivision (i) of this subdivision (1)(A). Prior to taking final action under 10 V.S.A. § 556 on any application for a permit for a nonmajor stationary source or on any request for an amendment of a permit for such a source, the Secretary shall assess each applicant for any additional fees due to the Agency, assessed in accordance with the base fee schedule and the supplementary fee schedule in subdivision (ii) of this subdivision (1)(A). The applicant shall submit any fees so assessed to the Secretary prior to issuance of the final permit, notwithstanding the provisions of subsection (i) of this section. The base fee schedule and the supplementary fee schedule are applicable to all applications on which the Secretary makes a final decision on or after the date on which this section is operative.

(B) Annual registration. Any person required to register an air contaminant source under 10 V.S.A. § 555(c) shall annually pay the following:

(i) A base fee where the sum of a source's emissions of sulfur dioxide, particulate matter, carbon monoxide, nitrogen oxides, and hydrocarbons is:

(I) ten tons or greater: $1,500.00;

(II) less than ten tons but greater than or equal to five tons: $1,000.00; and

(III) less than five tons: $500.00.

(ii) Where the sum of a source's emissions of sulfur dioxide, particulate matter, carbon monoxide, nitrogen oxides, and hydrocarbons is greater than or equal to five tons: an annual registration fee that is $0.0335 per pound of such emissions except that a plant producing renewable energy as defined in 30 V.S.A. § 8002 shall pay an annual fee not exceeding $64,000.00.

(C) Anaerobic digesters. Notwithstanding the requirements of subdivisions (A) and (B) of this subdivision (j)(1), a person required to register an air contaminant source under 10 V.S.A. § 555(c) or subject to the requirements of 10 V.S.A. § 556 shall not be subject to supplementary fees assessed under subdivision (A)(ii) of this subdivision (j)(1) and shall pay an annual registration fee not exceeding $1,000.00 when the source of the emissions is the anaerobic digestion of agricultural products, agricultural by-products, agricultural waste, or food waste.

(2) For discharge permits issued under 10 V.S.A. chapter 47 and orders issued under 10 V.S.A. § 1272, an administrative processing fee of $240.00 shall be paid at the time of application for a discharge permit in addition to any application review fee and any annual operating fee, except for permit applications under subdivisions (A)(iii)(III) and (V) of this subdivision (j)(2):

(A) Application review fee.

(B) Annual operating fee.

(C) The Secretary shall bill all persons who hold discharge permits for the required annual operating fee. Annual operating fees may be divided into semiannual or quarterly billings.

(3) [Repealed.]

(4) For potable water supply and wastewater permits issued under 10 V.S.A. chapter 64. Projects under this subdivision include: a wastewater system, including a sewerage connection; and a potable water supply, including a connection to a public water supply:

(A) Original applications, or major amendments for a project with the following proposed design flows. In calculating the fee, the highest proposed design flow whether wastewater or water shall be used:

(i) design flows 560 gpd or less: $306.25 per application;

(ii) design flows greater than 560 and less than or equal to 2,000 gpd: $870.00 per application;

(iii) design flows greater than 2,000 and less than or equal to 6,500 gpd: $3,000.00 per application;

(iv) design flows greater than 6,500 and less than or equal to 10,000 gpd: $7,500.00 per application;

(v) design flows greater than 10,000 gpd: $13,500.00 per application.

(B) Minor amendments: $150.00.

(C) Minor projects: $270.00.

As used in this subdivision (j)(4)(C), “minor project” means a project that meets the following: there is an increase in design flow but no construction is required; there is no increase in design flow but construction is required, excluding replacement potable water supplies and wastewater systems; or there is no increase in design flow and no construction is required, excluding applications that contain designs that require technical review.

(D) Notwithstanding the other provisions of this subdivision, when a project is located in a Vermont neighborhood, as designated under 24 V.S.A. chapter 76A, the fee shall be no more than $50.00 in situations in which the application has received an allocation for sewer capacity from an approved municipal system. This limitation shall not apply in the case of fees charged as part of a duly delegated municipal program.

(5) For well drillers licenses issued under 10 V.S.A. chapter 48: $140.00 per year.

Fees shall be paid on an annual basis over the term of the license.

(6) For solid waste treatment, storage, transfer, or disposal facility certifications issued under 10 V.S.A. chapter 159:

(7) For public water supply and bottled water permits and approvals issued under 10 V.S.A. chapter 56 and interim groundwater withdrawal permits and approvals issued under 10 V.S.A. chapter 48:

(A) For public water supply construction permit and permit amendment applications:

(i) For public community and nontransient noncommunity water supplies: $900.00.

(ii) For transient noncommunity: $500.00.

(B) For water treatment plant applications, except those applications submitted by a municipality as defined in 1 V.S.A. § 126 or a consolidated water district established under 24 V.S.A. § 3342: $0.003 per gallon of design capacity. Amendments $150.00 per application.

(C) For source permit applications:

(D) For public water supplies and bottled water facilities, annually:

(E) Amendment to bottled water facility permit, $150.00 per application.

(F) For facilities permitted to withdraw groundwater pursuant to 10 V.S.A. § 1418: $2,300.00 annually per facility.

(G) In calculating flow-based fees under this subsection, the Secretary will use metered production flows where available. When metered production flows are not available, the Secretary shall estimate flows based on the standard design flows for new construction.

(H) The Secretary shall bill public water supplies and bottled water companies for the required fee. Annual fees may be divided into semiannual or quarterly billings.

(8) For public water system operator certifications issued under 10 V.S.A. § 1674:

(A) For class IA and IB operators: $45.00 per initial certificate or renewal.

(B) For all other classes: $80.00 per initial certificate or renewal.

(9)(A) For a solid waste hauler:

(i) $50.00 per vehicle for small vehicles with two axles, including pickup trucks, utility trailers, and stakebody trucks.

(ii) $75.00 per vehicle for vehicles with three or four axles, including packer trucks, dump trucks, and roll offs.

(iii) $100.00 per vehicle for tractors and any number axle trailers.

(B) For a hazardous waste hauler: an annual operating fee of $125.00 per vehicle.

(10) For management of lakes and ponds permits issued under 29 V.S.A. chapter 11:

(A) Nonstructural erosion control: $155.00 per application.

(B) Structural erosion control: $250.00 per application.

(C) All other encroachments: $300.00 per application plus one percent of construction costs, not to exceed $20,000.00 per application.

(11) For stream alteration and flood hazard area permits issued under 10 V.S.A. chapters 41 and 32:

(A) Stream alteration; individual permit: $350.00.

(B) Stream alteration; general permit; reporting category: $200.00.

(C) Stream alteration; individual permit; municipal bridge, culvert, and unimproved property protection: $350.00.

(D) Stream alteration; general permit; municipal bridge, culvert, and unimproved property protection: $200.00.

(E) Stream alteration; Agency of Transportation reviews; bridge, culvert, and high risk projects: $350.00.

(F) Flood hazard area; individual permit; State facilities; hydraulic and hydrologic modeling required: $350.00.

(G) Flood hazard area; individual permit; State facilities; hydraulic and hydrologic modeling not required: $200.00.

(H) Flood hazard area; municipal reviews; reviews requiring hydraulic and hydrologic modeling, compensatory storage volumetric analysis, or river corridor equilibrium: $350.00.

(I) Flood hazard area; municipal review; projects not requiring hydraulic or hydrologic modeling: $200.00.

(J) River corridor; major map amendments: $350.00.

(12)(A) For dam permits issued under 10 V.S.A. chapter 43: 1.00 percent of construction costs, minimum fee of $1,000.00.

(B) For all dams capable of impounding 500,000 or more cubic feet of water or other liquid, an annual fee:

(i) for dams classified as low risk: $200.00 per year.

(ii) for dams classified as significant risk: $350.00 per year.

(iii) for dams classified as high risk: $1,000.00 per year.

(iv) for dams that have not been classified by the Department: $0.00 per year.

(13) For aquatic nuisance control permits issued under 10 V.S.A. § 1455:

(A) Projects in private waters, as that term is defined in 10 V.S.A. § 5210:

(B) Projects in all other waters:

(14) [Repealed.]

(15) For sludge or septage facility certifications issued under 10 V.S.A. chapter 159:

(16) For underground storage tank permits issued under 10 V.S.A. chapter 59: $125.00 per tank per year.

(17) For hazardous waste treatment, storage, or disposal facility certifications issued under 10 V.S.A. chapter 159:

(18) For recycle or reuse exemptions issued under 10 V.S.A. §§ 6602(9) and 6603(1):

(19) For delistings of hazardous waste issued under 10 V.S.A. §§ 6602(4) and 6603(1): $265.00 per application.

(20) For underground storage tank tester licenses issued under 10 V.S.A. § 1936:

(21) [Repealed.]

(22) For certificates of need issued under 10 V.S.A. § 6606a:

$7,500.00 per application.

(23) Notwithstanding all other subdivisions of this subsection, for administrative amendments of the listed permits, licenses, certifications, approvals, and exemptions, the Secretary may charge less than the listed fees, provided that the amount charged is no less than $35.00 and is sufficient to cover the costs with processing the administrative amendment.

(24) [Repealed.]

(25) For hazardous waste generator registrations required by 10 V.S.A. § 6608(f):

(26) For individual conditional use determinations, for individual wetland permits, for general conditional use determinations issued under 10 V.S.A. § 1272, or for wetland authorizations issued under a general permit, an administrative processing fee assessed under subdivision (2) of this subsection and an application fee of:

(A) $0.75 per square foot of proposed impact to Class I or II wetlands.

(B) $0.25 per square foot of proposed impact to Class I or II wetland buffers.

(C) Maximum fee, for the conversion of Class II wetlands or wetland buffers to cropland use or for installation of a pipeline in a wetland for the transport of manure for the purpose of farming, as that term is defined in 10 V.S.A. § 6001(22), when the pipeline will serve or implement a water quality or conservation practice, $200.00 per application. As used in this subdivision, “cropland” means land that is used for the production of agricultural crops, including row crops; fibrous plants; pasture; fruit-bearing bushes, trees, or vines; and the production of Christmas trees.

(D) $0.25 per square foot of proposed impact to Class I or II wetlands or Class I or II wetland buffer for utility line, pipeline, and ski trail projects when the proposed impact is limited to clearing forested wetlands in a corridor and maintaining a cleared condition in that corridor for the project life.

(E) $1.50 per square foot of impact to Class I or II wetlands when the permit is sought after the impact has taken place.

(F) $100.00 per revision to an application for an individual wetland permit or authorization under a general permit when the supplement is due to a change to the project that was not requested by the Secretary.

(G) Minimum fee, $50.00 per application.

(H) Maximum fee, for the construction of any water quality improvement project in any Class II wetland or buffer, $200.00 per application. As used in this subdivision, “water quality improvement project” means projects specifically designed and implemented to reduce pollutant loading in accordance with the requirements of a Total Maximum Daily Load Implementation Plan or Water Quality Remediation Plan, or pursuant to a plan for reducing pollutant loading to a waterbody. These projects include:

(i) the retrofit of impervious surfaces in existence as of January 1, 2019 for the purpose of addressing stormwater runoff;

(ii) the replacement of stream-crossing structures necessary to improve aquatic organism passage, stream flow, or flood capacity;

(iii) construction of the following conservation practices on farms, when constructed and maintained in accordance with Natural Resources Conservation Service Conservation Practice Standards for Vermont and the Agency of Agriculture, Food and Markets' Required Agricultural Practices:

(I) construction of animal trails and walkways;

(II) construction of access roads;

(III) designation and construction of a heavy-use protection area;

(IV) construction of artificial wetlands; and

(V) the relocation of structures, when necessary, to allow for the management and treatment of agricultural waste, as defined in the Required Agricultural Practices Rule.

(I) Maximum fee for the construction of a permanent structure used for farming, $5,000.00, provided that the maximum fee for waste storage facility or bunker silo shall be $200.00 when constructed and maintained in accordance with Natural Resources Conservation Service Conservation Practice Standards for Vermont and the Agency of Agriculture, Food and Markets' Required Agricultural Practices.

(27) For approvals of the operation of mineral prospecting equipment issued under 10 V.S.A. chapter 41:

(28) For approvals of the offset permits issued under 10 V.S.A. § 1264a:

(29) For salvage yards permitted under 24 V.S.A chapter 61, subchapter 10:

(30) For review of a project requiring water quality certification under Section 401 of the Clean Water Act: one percent of project costs; minimum fee $200.00; maximum fee $20,000.00. For an application seeking review of multiple projects under this subdivision, the fee shall apply to each project.

(31) For continuing review of plans required by 10 V.S.A. § 6673: $15,000.00.

(32) For projects taking place in a protected shoreland area that require:

(A) a registration under 10 V.S.A. § 1446: $100.00;

(B) a permit under 10 V.S.A. §§ 1443, 1444, and 1445: $125.00 plus $0.50 per square foot of impervious surface.

(33) $0.01 per gallon based on the rated capacity of the tank being pumped rounded to the nearest gallon.

(k) Any person required to pay a fee to register an air contaminant source under 10 V.S.A. § 555(c) and who emits five or more tons per year shall pay fees as follows:

(1) Where the emissions are resulting from the combustion of any of the following fuels in fuel burning or manufacturing process equipment:

(A)(i) Wood—$0.1915 per ton burned; or

(ii) Wood burned in electric utility units with advanced particulate matter and nitrogen oxide reduction technologies—$0.0607 per ton burned;

(B) No. 4, 5, or 6 grade fuel oil and used oil—$0.0015 per gallon burned;

(C) No. 2 grade fuel oil—$0.0005 per gallon burned;

(D) Propane—$0.0003 per gallon burned;

(E) Natural gas—$2.745 per million cubic feet burned;

(F) Diesel generator—$0.0055 per gallon burned;

(G) Gas turbine using No. 2 grade fuel oil—$0.0022 per gallon burned.

(2) For the emission of any hazardous air contaminant not subject to subdivision (1) of this subsection:

(A) Contaminants that cause short-term irritant effects—$0.02 per pound of emissions;

(B) Contaminants that cause chronic systemic toxicity—$0.04 per pound of emissions;

(C) Contaminants known or suspected to cause cancer—$0.95 per pound of emissions.

(l) [Repealed.]

(m)(1) Except as provided in subdivision (3) of this subsection, in addition to any other requirement or fee required for registration, on and after January 1, 1994, a motor vehicle registered under 23 V.S.A. chapter 7 shall be assessed an annual emission fee of $2.00 at time of first registration and annually thereafter.

(2) The Department of Motor Vehicles shall collect the emission fee imposed in subdivision (1) of this subsection on an annual basis, consistent with the registration period. Notwithstanding 19 V.S.A. § 11, all funds collected shall be credited to the Fund established under section 2805 of this title.

(3) The fee imposed under subdivision (1) of this subsection shall not apply to any electrically powered vehicle, trailer, or government vehicle.

(4) The Department of Motor Vehicles shall not issue a registration for any vehicle for which the emission fee required under this subsection has not been paid.

(n) [Repealed.]
3 V.S.A. § 126 — VT Code / Title 3 / Chapter 5 / Section 126
§ 126. Agent for process; nonresident licensees
Status: in_force

Whenever a person practicing a profession attached to the Office resides outside the borders of the State and fails to appoint an agent for process, the Secretary of State shall be an agent of that person, upon whom any process, notice, or demand may be served. In the event any process, notice, or demand is served on the Secretary of State, the Secretary shall immediately cause one of the copies thereof to be forwarded by certified mail, addressed to the person at its registered Office.
3 V.S.A. § 343 — VT Code / Title 3 / Chapter 14 / Section 343
§ 343. Privatization contracts; procedure
Status: in_force

(a) An agency shall not enter into a privatization contract, unless all of the following are satisfied:

(1) Thirty-five days prior to the beginning of any open bidding process, the agency provides written notice to the collective bargaining representative of the intent to seek to enter a privatization contract. During those 35 days, the collective bargaining representative shall have the opportunity to discuss alternatives to contracting. Such alternatives may include amendments to the contract if mutually agreed upon by the parties. Notices regarding the bid opportunity may not be issued during the 35-day discussion period. The continuation of discussions beyond the end of the 35-day period shall not delay the issuance of notices.

(2) The proposed contract is projected to result in overall cost savings to the State of at least 10 percent above the projected cost of having the services provided by classified State employees.

(3) When comparing the cost of having a service provided by classified State employees to the cost of having the service provided by a contractor:

(A) The expected costs of having services provided by classified State employees and obtaining the service through a contractor should be compared over the life of the contract. One-time costs associated with having services provided by a contractor rather than classified State employees, such as the expected cost of leave pay-outs for separating employees, unemployment compensation, and the cost of meeting the State's obligation, if any, to continue health insurance benefits, shall be spread over the expected life of the contract.

(B) The basic cost of services by a contractor includes:

(i) the bid price or maximum acceptable bid identified by the contracting authority; and

(ii) any additional costs to be incurred by the agency for inspection, facilities, reimbursable expenses, supervision, training, and materials, but only to the extent that these costs exceed the costs the agency could expect to incur for inspection, facilities, reimbursable expenses, and materials if the services were provided by classified State employees.

(C) The basic cost for services provided by a classified State employee includes:

(i) wages, benefits, and training;

(ii) the cost of supervision and facilities, but only to the extent that these costs exceed the costs the agency could expect to incur for supervision or facilities if the services were provided by a contractor; and

(iii) the estimated cost of obtaining goods when the comparison is with the cost of a contract that includes both goods and services.

(D) Possible reductions in the cost of obtaining services from classified State employees that require concessions shall not be considered unless proposed in writing by the certified collective bargaining agent and mutually agreed to by the State and collective bargaining agent.

(b)(1) A privatization contract shall contain specific performance measures regarding quantity, quality, and results and guarantees regarding the services performed.

(2) The agency shall provide information in the State's Workforce Report on the contractor's compliance with the specific performance measures set out in the contract.

(3) The agency may not renew the contract if the contractor fails to comply with the specific performance measures set out in the contract as required by subdivision (1) of this subsection.

(c)(1) Before an agency may renew a privatization contract for the first time, the Auditor of Accounts shall review the privatization contract analyzing whether it is achieving:

(A) the 10 percent cost-savings requirement set forth in subdivision (a)(2) of this section;

(B) the performance measures incorporated into the contract as required under subdivision (b)(1) of this section.

(2) If the Auditor of Accounts finds that a privatization contract has not achieved the cost savings required under subdivision (a)(2) of this section or complied with performance measures required under subdivision (b)(1) of this section, the Auditor of Accounts shall file a report with the agency and the House and Senate Committees on Government Operations, and the agency shall review whether to renew the privatization contract or perform the work with State employees.
3APPENDIX V.S.A. § 96 — VT Code / Title 3APPENDIX / Chapter 3 / Section 96
§ 3-96. Exec. Order No. 3-96 (No. 04-22) [Executive Code of Ethics]
Status: in_force

WHEREAS, throughout the State of Vermont, dedicated public servants bring their talents and expertise to work on behalf of all Vermonters; and

WHEREAS, it is essential to the proper operation of government that public officers be principled and impartial; that governmental decisions and policy be made fairly and impartially on the merits of the matter at issue; that public office not be used for private gain other than the remuneration provided by law; and that there be public confidence in the integrity of government; and

WHEREAS, there is a risk that the attainment of one or more of these ends may be impaired whenever a conflict exists between the private interests of a public officer and their official responsibilities; and

WHEREAS, it is also essential to the proper operation of government that those best qualified not be discouraged from serving as public officers by requiring them to relinquish totally the opportunity to further their interests, at least where such interests do not create irreconcilable conflicts with their official responsibilities; and

WHEREAS, both the public and private sectors of Vermont are enriched by the healthy exchange of individuals who have hands-on knowledge and work experience in both the public and private sectors; and

WHEREAS, in 2022, the Vermont General Assembly enacted Act 102, an act relating to the adoption of a State code of ethics (the “Act”), to establish for the first time an ethics code applicable to all three branches of government; and

WHEREAS, for decades, successive governors have adopted an Executive Code of Ethics to effectively ensure fairness and impartiality in the conduct of State business, while at the same time encouraging the recruitment and retention of those best qualified to serve the State; and

WHEREAS, the Executive Code of Ethics is hereby reaffirmed and updated in light of the enactment of the Act to maintain the rigorous standards of the Executive Code of Ethics as well as clarify processes and definitions consistent with the Act.

NOW, THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby promulgate the following Executive Code of Ethics.

All State employees shall be subject to the Act. All Appointees (as defined herein) shall be subject to provisions of this Executive Code of Ethics as well as the Act. Nothing in this Executive Code of Ethics shall exempt an Appointee from any other requirement of law or any duly adopted State personnel policy. When a question arises regarding conflicting terms of this Executive Code of Ethics and the Act, the more restrictive requirement shall apply.

To assure adherence to this Executive Code of Ethics, all future Appointees, and any current Appointees who have not signed an acknowledgment with respect to Executive Order No. 19-17 (codified as Executive Order No. 3-84), will be asked to sign the acknowledgment attached hereto as Exhibit A and submit it to the Secretary. The Secretary shall have the authority to interpret the provisions of this Code as they relate to the circumstances of an Executive Officer and to issue exemptions from this Code when there is good cause to proceed in accordance with the Act. All such interpretations and exemptions shall be written and kept by the Secretary in the same manner as the Conflict Questionnaires.

I. Definitions

As used in this Executive Order:

“Appointee” means any member of a Public Body appointed by or upon the approval of the Governor, including Executive Officers, or any exempt employee appointed by or upon the approval of such an Appointee.

“Appearance of a Conflict of Interest” means the impression that a reasonable person might have, after full disclosure of the facts, that an Appointee's judgment might be significantly influenced by outside interests, even though there may be no actual Conflict of Interest.

“Confidential information” means information that is designated by law as confidential, or may be determined to be exempt from disclosure in accordance with the State Access to Records Law (1 V.S.A. § 315et seq.).

“Conflict of Interest” means a direct or indirect interest of an Appointee or such an interest, known to the Appointee, of a member of their Immediate Family or household, or of a business associate, in the outcome of a particular matter pending before the Appointee or their Public Body, or that is in conflict with the proper discharge of the Appointee's duties. “Conflict of Interest” does not include any interest that (i) is no greater than that of other persons generally affected by the outcome of a matter (such as a policyholder in an insurance company or a depositor in a bank), or (ii) has been disclosed to the Secretary by an Executive Officer or to an Executive Officer by all other Appointees and the Secretary, or Executive Officer, as appropriate, has found good cause to proceed so that the Appointee can take action in a matter fairly, objectively and in the public interest.

“Domestic partner” means an individual in an enduring domestic relationship of a spousal nature with the Appointee, provided the individual and the Appointee:

a) have shared a residence for at least six consecutive months;

b) are at least 18 years of age;

c) are not married to or considered a domestic partner of another individual;

d) are not related by blood closer than would bar marriage under State law; and

e) have agreed between themselves to be responsible for each other's welfare.

“Executive Officer” means an agency secretary or deputy or a department commissioner or deputy.

“Full-time Appointee” means any Appointee receiving a salary for State service over $30,000.

“Gift” means anything of value, tangible or intangible, that is given for less than adequate consideration.

“Good cause to proceed,” to be determined by the Secretary of Civil and Military Affairs in the case of Executive Officers, and Executive Officers in the case of other Appointees may include any of the following:

a) an identified Conflict of Interest, potential Conflict of Interest or Appearance of a Conflict of Interest is de minimis in nature;

b) the Conflict of Interest is amorphous, intangible, or otherwise speculative; or

c) the Appointee cannot legally or practically delegate the matter.

“Immediate family” means an individual's spouse, domestic partner, or civil union partner; child or foster child; sibling; parent; or such relations by marriage or by civil union or domestic partnership; or an individual claimed as a dependent for federal income tax purposes.

“Person” means any individual or Private Entity.

“Private Entity” is any business entity, partnership, joint venture, association, organization or group, whether organized for profit or not for profit, except those specifically chartered by the State of Vermont or which relies upon taxes for at least fifty percent (50%) of its revenues.

“Public Body” means any State agency, department, division or office and any board or commission of any such entity or any independent board or commission in the executive branch of the State.

“Secretary” shall, unless otherwise specified, mean the Secretary of Civil and Military Affairs.

II. General Conduct

An Appointee must conduct the affairs of their office in such a manner as to instill public trust and confidence in the integrity of State government. Further, Appointees have a responsibility to act as examples and set a civil and respectful tone in the public discourse.

A. Thus, an Appointee shall always, and without exception, be honest, helpful and fully committed to the principle that all authority is derived from the people, and therefore, all officers of government, whether legislative or executive, are servants of the people and at all times, in a legal way, accountable to them. [VT. Const., Ch I, Article 6]

B. Appointees shall take all reasonable steps to avoid any action or circumstances, including acts or circumstances which may not be specifically prohibited by this Code or the Act, which might result in:

(1) Undermining their independence or impartiality or action;

(2) Taking official action based on unfair considerations;

(3) Giving preferential treatment to any private interest or Person based on unfair considerations;

(4) Giving preferential treatment to any Immediate Family member or member of the Appointee's household;

(5) Representing an ability to give preference or special treatment to any Person because of the Person's wealth, position, or status or because of any personal relationship with Appointee;

(6) Using public office for the advancement of personal interest;

(7) Using public office to secure special privileges or exemptions;

(8) Adversely affecting the confidence of the public in the integrity of State government; or

(9) Undermining the climate of civility and respect required for every open, democratic government to thrive.

C. Every Appointee shall be true and faithful to the State of Vermont and will not, directly or indirectly, do any act or thing injurious to the Constitution or Government of the State of Vermont. Every Appointee will faithfully execute the office which they hold and will therein do equal right and justice to all men and women, to the best of their judgment and ability, according to law. [VT. Const., Ch II, Section 56]

D. Appointees shall always treat each other, employees, staff, volunteers and the public with dignity, respect, empathy and courtesy.

E. Appointees shall support efforts to create and maintain a diverse and effective work force.

F. Appointees shall promote a workplace that is free from sexual harassment, or inappropriate personal relationships, and shall take quick and effective action to ensure that sexual harassment does not occur or persist.

G. Every Full-Time Appointee shall devote their worktime to the duties of their office.

H. An Appointee shall not use State property nor permit others to use State property unless the use is reasonably related to their official responsibilities or the conduct is permitted pursuant to a duly adopted State or agency personnel policy.

I. An Appointee shall not enter into any commitment to expend State funds unless the expenditure is reasonable and valuable to the State and made in accordance with all applicable statutes, rules, directives or Bulletins from the Secretary of the Agency of Administration.

J. An Appointee shall be in good standing with respect to, or in full compliance with a plan to pay, all taxes due the United States, the State of Vermont and the municipality of residence. An Appointee shall be in good standing with respect to, or in full compliance with a plan to pay, all child support obligations.

K. Within the first 120 days of public service, an Appointee shall engage in State-sponsored training on issues related to the Act of Ethics, sexual harassment and racial equity and implicit bias. Full-Time Appointees must complete this training at least annually.

L. An Appointee shall not direct another person to act in a manner that would be unethical for the Appointee or the other person to act. An Appointee who has a conflict of interest shall not direct others to act for the Appointee's benefit where the action would be a violation of this Executive Code of Ethics or the Act if the Appointee were to perform the act.

III. Personal Interests, Outside Employment and Financial Activities

A. Ethical Rules While Employed by the State:

(1) No Full-Time Appointee shall be the owner of, or financially interested, directly or indirectly, in any Person subject to the supervision their respective Public Body, except any interest which is no greater than that of other persons who might be generally affected by the supervision of the Appointee's Public Body such as a policy holder in an insurance company or a depositor in a bank. (See also 3 V.S.A. § 204).

(2) An Appointee shall not take any action in any matter in which they have either a Conflict of Interest or the Appearance of a Conflict of Interest, until the Conflict is resolved one of two ways:

a. Disclosure of the Conflict made by an Executive Officer to the Secretary or the Appointee's appointing Executive Officer and recusal from the matter. Once recused, an Appointee shall not participate in or act to influence a decision regarding the matter.

b. If an Appointee chooses to proceed with a matter where there may be a Conflict of Interest or the Appearance of a Conflict of Interest, an Executive Officer shall seek a determination by the Secretary of Civil and Military Affairs or other Appointees shall seek a determination from their appointing Executive Officer with a written statement which shall:

1. describe the matter requiring action;

2. disclose the nature of the potential Conflict, actual Conflict or Appearance of a Conflict of Interest;

3. explain why good cause to proceed exists so that the Appointee can take action in the matter fairly, objectively, and in the public interest and include sufficient detail so that the matter may be understood by the public; and

4. in all cases, be filed with the Secretary.

Exemptions sought under this Code shall be issued only to further the twin goals of this Code: i) to establish high standards of ethical conduct for all Appointees and ii) to encourage those Vermonters best qualified to serve in State government.

(3) An Appointee shall not take any official action that materially advances the interest of any Person with which the Appointee is actively seeking employment.

(4) A full-time Appointee shall not, for personal or financial gain, be an advocate for any Person in any matter before any Public Body or before the State General Assembly or its committees.

(5) An Appointee shall not seek or engage in outside employment or activities that are inconsistent, incompatible or in conflict with the Appointee's official duties.

(6) Except in the event (i) a specific law, rule or regulation requires disclosure, or (ii) the State has entered into a confidentiality or non-disclosure agreement consistent with applicable State or federal law, regulation, rule or policy, an Appointee shall not disclose to any Person any confidential or privileged information obtained while employed by the State.

(7) An Appointee shall not use nonpublic government information or confidential information acquired during the course of State service for personal or financial gain or for the personal or financial gain of any other person.

(8) An Appointee or their family shall not trade in stock or otherwise transact private business based upon information obtained by the Appointee through their work on behalf of the State, or otherwise use nonpublic or confidential government information acquired during the course of State service for personal or financial gain or for the personal or financial gain of any other Person.

(9) Appointees will use State-provided equipment, property, facilities and official email addresses for primarily State business purposes. Personal use shall be de minimus and must not: (i) interfere with normal business activities; or (ii) be associated with any outside for-profit business activity of the Appointee. An Appointee shall not engage in or direct another person to engage in work other than the performance of official duties during working hours.

(10) Appointees are strongly encouraged to engage in electronic communications regarding official business only on their official email accounts. If private accounts must be used, Appointees shall copy their official email accounts on all such outgoing communications and forward any received messages on which their official emails are not copied. If substantive discussion (not otherwise documented) relating to the work of the Public Body occurs on a text-messaging system, such discussion is to be copied to a separate public record format (such as by copying the relevant text messages to the appointee's official email).

(11) Email messages and other electronic data produced or acquired in the course of the business of the Public Body is considered a public record subject to disclosure under the Vermont Public Records Act, regardless of whether the record resides in a State-provided system or a private account; provided, however, solely for purposes of this subsection, “public body” does not include councils or similar groups established by the Governor for the sole purposes of advising the Governor with respect to policies. Upon receipt of a records request, Appointees shall provide their Records Officers all responsive records in their own custody and control.

B. Ethical Rules After State Employment:

(1) For one year after leaving office, a former Appointee shall not, for personal or financial gain, be an advocate for any Person before any Public Body or before the State General Assembly or its committees, regarding any particular matter in which:

a. the State is a party or has a direct and substantial interest; and

b. the Appointee had participated personally and substantively while employed by the State.

(2) This prohibition applies to any matter the Appointee directly handled, supervised or managed, or gave substantial input, advice or comment, or benefited from, either through discussing, attending meetings on, or reviewing materials prepared regarding the matter.

(3) After leaving office, a former Appointee shall not, with the intent to advocate for an outcome of an investigation, application, ruling, license, contract, claim, rulemaking, charge, arrest, or quasi-judicial or judicial proceeding, communicate with or appear before any Public Body or before the State General Assembly or its committees, on matters regarding specific parties in which the Appointee participated personally and substantively during their time in office and in which the State is a party or has a direct and substantial interest.

(4) Subject to exemptions set forth in 2 V.S.A. § 262, for one year after leaving office, an Executive Officer, shall not be a lobbyist (as defined in 2 V.S.A. § 261), in this State.

IV. Gifts

A. Prohibited Gifts. While the Act limits the acceptance of certain gifts by public servants, it is essential the Appointees of the Governor understand a gift given to a public servant may have the appearance of being given either as a quid pro quo or to influence official action. The monetary value of the gift is not the issue. Notwithstanding the Act, for purposes of this Executive Code of Ethics:

(1) An Appointee, while employed by the State, shall not solicit or receive any payment, gift or favor based on any understanding which may be reasonably implied by the Appointee or inferred by the donor, that it may influence any official action.

(2) An Appointee shall not solicit or receive any payment, gift or favor from any Person which has, or seeks to obtain, contractual or other business or financial relationships with the Appointee's Public Body; conducts business or activities that are regulated by the Appointee's Public Body; or has an interest that may be substantially affected by the Appointee's official actions.

(3) An Appointee, or their designee, shall not solicit or accept gifts or trips from Persons if the gifts or trips (i) are a quid pro quo; (ii) are intended to influence any decision by the Appointee; or (iii) create an appearance of a Conflict of Interest.

B. Except as set forth in Section IV(A) above, Appointees may accept gifts as set forth in the Act (3 V.S.A. § 1203g).

V. Reports

A. Appointees

Within 30 days of appointment and thereafter, on or before January 15th of a new biennium, every Full-Time Appointee shall file with the Secretary an “Ethics Questionnaire” as prescribed in Exhibit B. These questionnaires shall be treated as confidential personal records as set forth in 1 VSA § 317(b)(7) and kept as such during the gubernatorial administration in which the Appointee serves, or for one year after the Appointee leaves office, whichever occurs first, at which point they will be destroyed.

B. Executive Officers (3 V.S.A. § 1211)

In addition to the reporting required in Section V(A) above, each Executive Officer shall file a disclosure form with the State Ethics Commission in accordance with 3 V.S.A. § 1211.

VI. Enforcement

The purpose of this Executive Code of Ethics is to provide guidance to Appointees covered herein. During such appointment, except as otherwise required by law, only the Governor or his designated agent shall have the power to sanction any violations hereof. Nothing in this Code shall create a right to continue State employment. The remedy for a violation of post-employment restrictions set forth in Section III(B) shall rest with the Public Body before which the former Appointee appears and, barring unusual circumstances, shall result only in disqualifying the former Appointee from appearing or participating in the matter.

VII. Effective Date.

Except as otherwise required by law, this Executive Order supersedes and replaces Executive Order No. 19-17 (codified as No. 3-84), dated December 4, 2017. This Executive Order shall take effect upon signing.

Dated September 29, 2022.

CODE OF ETHICS ACKNOWLEDGEMENT

I, ______ , having been appointed to the position of ______ , hereby acknowledge having received and read Executive Order 04-22, the Executive Code of Ethics, promulgated on September 29, 2022, and agree to adhere to it.

Signature: ____________ Date: _________________________________________

Name (print): __________

OATH OF OFFICE

I, ______ , do solemnly swear/affirm that I will be true and faithful to the State of Vermont, and that I will not, directly or indirectly, do any act or thing injurious to the Constitution or Government thereof. So help me God. / Under the pains and penalties of perjury.

I ______ , do solemnly swear/affirm that I will faithfully execute the Office of ______ , for the State of Vermont, and that I will therein do equal right and justice to all persons, to the best of my judgment and ability according to law. So help me God. / Under the pains and penalties of perjury.

I ______ , do solemnly swear/affirm that I will support the Constitution of the United States. So help me God. / Under the pains and penalties of perjury.

Signature: __________

[Oath must be administered by a Notary unless otherwise administered in accordance with law by the Governor, a Supreme Court Justice, Superior Court Judge, Assistant Judge, Justice of the Peace or the Presiding Officer, Secretary or Clerk of either house of the General Assembly.]

STATE OF VERMONT

______ COUNTY, SS

At _____ , in said County, this ____ day of ______ , 202__, personally appeared ______ and took and subscribed the foregoing oath of office and allegiance.

Before Me, __________

Notary Public

My Commission expires __________

EXECUTIVE ORDER NO. 04-22 EXHIBIT B

ETHICS QUESTIONNAIRE

In accordance with the Executive Order No. 04-22 Executive Code of Ethics, every Appointee, as defined therein, who earns $30,000 or more per year, shall fill out and file this questionnaire at the start of a new biennium, on or by January 15, or within 30 days of appointment, with the Secretary of Civil and Military Affairs. This questionnaire shall be treated as a confidential personnel document pursuant to 1 V.S.A. § 317(c)(7) and kept as such during the gubernatorial administration in which the Appointee serves, or for one year after the Appointee leaves office, whichever occurs first.

The purpose of this questionnaire is to determine any significant personal interests of Appointees that might conflict with the best interests of the state. It is understood that individuals serving the state as Appointees may have personal or financial interests that may relate to matters arising in the course of their performance of the official responsibilities. This form is intended to identify those interests and provide assurance that conflicts of interest will not impair fair and impartial state actions. Appointees must avoid Conflicts of Interest and, where they do occur, must disclose them to the Secretary of Civil and Military Affairs.

In answering questions, please disclose not only your own direct interests but also any indirect or beneficial interests which could arise through members of your Immediate Family or through persons who reside in your home or by reason of a trust or partnership arrangement in which you or a member of your Immediate Family or household participates or has an interest.

(Use reverse side or an additional sheet of paper to give additional information, if necessary.)

1. Are you, your spouse, or a member of your Immediate Family the director, officer, partner or employee of any Person that, to your knowledge, does business or has a financial relationship with the State of Vermont? If yes, please list all such positions.

Yes ____ No ____

2. To the best of your knowledge, except for securities that are listed on a national exchange, do you own directly, indirectly, or beneficially, securities, options, or rights to purchase securities or share in profits of companies doing business with the State? If yes, list company and percent of total shares.

Yes ____ No ____

3. Do you directly, indirectly or beneficially, have any ownership interest in a proprietorship, partnership or syndicate that, to your knowledge, operates any business which does business with the State? If yes, explain briefly.

Yes ____ No ____

4. To the best of your knowledge, does there currently exist any creditor-debtor relationship between you, directly or indirectly, and any non-financial organization doing business with the State, except normal charge accounts and installment purchase accounts? If yes, explain briefly.

Yes ____ No ____

5. Are you receiving commissions or any forms of compensation, gift or reward on business transacted with the State either directly or through a third person? If yes, explain briefly.

Yes ____ No ____

6. In addition to the information reported above, do you have any direct or indirect business relationships which may reasonably be considered to have some influence on your judgment and decisions involving transactions with the State, or otherwise during the performance of your duties and responsibilities as an Appointee? If yes, explain briefly.

Yes ____ No ____

7. Are you in good standing with respect to, or in full compliance with a plan to pay, any and all taxes due the United States, the State of Vermont and the municipality of residence? If no, explain.

Yes ____ No ____

8. If you are under an obligation to pay child support, are you in good standing with respect to that obligation?

Yes ____ No ____ N/A ____

If no, have you entered into a payment plan with the Vermont Office of Child Support and are you in full compliance with that payment plan?

Yes ____ No ____

9. I agree to disassociate myself from situations where possible conflicts of interest pertaining to any matter addressed in this questionnaire might occur, when requested by the Governor or the Secretary of Civil and Military Affairs.

10. To the best of my knowledge, the answers to all the above questions are true and complete in every respect.

Signed _________________________________________ Date: _________________________________________

Name (printed): _________________________________________

Position: _________________________________________
3 V.S.A. § 6004 — VT Code / Title 3 / Chapter 72 / Section 6004
§ 6004. Implementation of State policy
Status: in_force

(a) As used in this chapter, “covered agencies” means the following State agencies, departments, and bodies: the Agencies of Natural Resources, of Transportation, of Commerce and Community Development, of Agriculture, Food and Markets, and of Education; the Public Utility Commission; the Land Use Review Board; and the Departments of Health, of Public Safety, and of Public Service.

(b) The covered agencies shall consider cumulative environmental burdens, as defined by rule pursuant to subsection 6005(a) of this title, and access to environmental benefits when making decisions about the environment, energy, climate, and public health projects; facilities and infrastructure; and associated funding.

(c) Each of the covered agencies shall create and adopt on or before July 1, 2027 a community engagement plan that describes how the agency will engage with environmental justice focus populations as it evaluates new and existing activities and programs. Community engagement plans shall align with the core principles developed by the Interagency Environmental Justice Committee pursuant to subdivision 6006(c)(2)(B) of this title and take into consideration the recommendations of the Environmental Justice Advisory Council pursuant to subdivision 6006(c)(1)(B) of this title. Each plan shall describe how the agency plans to provide meaningful participation in compliance with Title VI of the Civil Rights Act of 1964.

(d) The covered agencies shall submit an annual summary beginning on March 15, 2024 and annually thereafter to the Environmental Justice Advisory Council detailing all complaints alleging environmental justice issues or Title VI violations and any agency action taken to resolve the complaints. The Advisory Council shall provide any recommendations concerning those reports within 60 days after receipt of the complaint summaries. Agencies shall consider the recommendations of the Advisory Council pursuant to subdivision 6006(c)(1)(E) of this title and substantively respond in writing if an agency chooses not to implement any of the recommendations, within 90 days after receipt of the recommendations.

(e) The Agency of Natural Resources, in consultation with the Environmental Justice Advisory Council and the Interagency Environmental Justice Committee, shall review the definitions contained in section 6002 of this title at least every five years and recommend revisions to the General Assembly to ensure the definition achieves the Environmental Justice State Policy.

(f) The Agency of Natural Resources, in consultation with the Interagency Environmental Justice Committee and the Environmental Justice Advisory Council, shall issue guidance on how the covered agencies shall determine which investments provide environmental benefits to environmental justice focus populations on or before September 15, 2025. A draft version of the guidance shall be released for a 40-day public comment period before being finalized.

(g)(1) On or before February 15, 2026, the covered agencies shall, in accordance with the guidance document developed by the Agency of Natural Resources pursuant to subsection (f) of this section, review the past three years and generate baseline spending reports that include:

(A) where investments were made, if any, and which geographic areas, at the municipal level and census block group, where practicable, received environmental benefits from those investments; and

(B) a description and quantification of the environmental benefits as an outcome of the investment.

(2) The covered agencies shall publicly post the baseline spending reports on their respective websites.

(h) On or before July 1, 2026, it shall be the goal of the covered agencies to direct investments proportionately in environmental justice focus populations.

(i)(1) Beginning on January 15, 2028, and annually thereafter, the covered agencies shall either integrate the following information into existing annual spending reports or issue annual spending reports that include:

(A) where investments were made and which geographic areas, at the municipal level and census block group, where practicable, received environmental benefits from those investments; and

(B) the percentage of overall environmental benefits from those investments provided to environmental justice focus populations.

(2) The covered agencies shall publicly post the annual spending reports on their respective websites.

(j) Beginning on January 15, 2027, the covered agencies shall each issue and publicly post an annual report summarizing all actions taken to incorporate environmental justice into its policies or determinations, rulemaking, permit proceedings, or project review.
3 V.S.A. § 470 — VT Code / Title 3 / Chapter 16 / Section 470
§ 470. Postretirement adjustments to retirement allowances
Status: in_force

(a) Postretirement adjustments to retirement allowance. Beginning January 1, 2023 and each year thereafter, the retirement allowance of each beneficiary of the System who is in receipt of a retirement allowance and who meets the eligibility criteria set forth in this section shall be adjusted by the amount described in subsection (d) of this section. In no event shall a beneficiary receive a negative adjustment to the beneficiary's retirement allowance.

(b) Calculation of net percentage increase.

(1) Consumer Price Index; maximum and minimum amounts. Prior to October 1 of each year, a determination shall be made of any increase or decrease, to the nearest one-tenth of a percent, in the Consumer Price Index for the month ending on June 30 of that year to the average of said index for the month ending on June 30 of the previous year. Any increase or decrease in the Consumer Price Index shall be subject to adjustment so as to remain within the following maximum and minimum amounts:

(A) For Group A members, the maximum amount of any increase or decrease used to determine the net percentage increase shall be five percent.

(B) For Group C members who are first eligible for normal retirement or unreduced early retirement on or before June 30, 2022, or who are vested deferred members as of June 30, 2022, the maximum amount of any increase or decrease used to determine the net percentage increase shall be five percent.

(C) For Group C members who are first eligible for normal retirement or unreduced early retirement on or after July 1, 2022, the maximum amount of any increase or decrease used to determine the net percentage increase shall be four percent.

(D) For Group D members, the maximum amount of any increase or decrease used to determine the net percentage increase shall be five percent.

(E) For Group F and Group G members who are first eligible for normal retirement or unreduced early retirement on or before June 30, 2022, or who are vested deferred members as of June 30, 2022, the maximum amount of any increase or decrease used to determine the net percentage increase shall be five percent. In the event that there is an increase or decrease of less than one percent, the net percentage increase shall be assigned a value of one percent and shall not be subject to further adjustment pursuant to subsection (d) of this section.

(F) For Group F and Group G members who are first eligible for normal retirement or unreduced early retirement on or after July 1, 2022, the maximum amount of any increase or decrease used to determine the net percentage increase shall be four percent.

(2) Consumer Price Index; decreases. In the event of a decrease in the Consumer Price Index, there shall be no adjustment to retirement allowances for the subsequent year beginning January 1; provided, however, that:

(A) such decrease shall be applied as an offset against the first subsequent year's increase of the Consumer Price Index, up to the full amount of such increase; and

(B) to the extent that such decrease is greater than such subsequent year's increase, such decrease shall be offset in the same manner against two or more years of such increases, for up to but not exceeding five subsequent years of such increases, until fully offset.

(3) Consumer Price Index; increases. In the event of an increase in the Consumer Price Index, and provided there remains an increase following the application of any offset as in subdivision (2) of this subsection, that amount shall be identified as the net percentage increase and used to determine the members' postretirement adjustment as described in this chapter.

(c) Eligibility for postretirement adjustment. In order for a beneficiary to receive a postretirement adjustment to the beneficiary's retirement allowance, the beneficiary must meet the following eligibility requirements:

(1) Retired and vested deferred on or before June 30, 2022. For all members who are retired or vested deferred on or before June 30, 2022, other than those Group F members on an early retirement allowance who have not reached normal retirement age, as specified in subdivision (4) of this subsection, the member must be in receipt of a retirement allowance for at least 12 months prior to the January 1 effective date of any postretirement adjustment.

(2) In service on or before June 30, 2022. For all Group A, C, F, and G members who are first eligible for normal retirement or unreduced early retirement on or before June 30, 2022, and for Group D members first appointed or elected on or before June 30, 2022, the member must be in receipt of a retirement allowance for at least 12 months prior to the January 1 effective date of any postretirement adjustment.

(3) In service on or after July 1, 2022. For all Group A, C, F, and G members who are first eligible for normal retirement or unreduced early retirement on or after July 1, 2022, and for Group D members first appointed or elected on or after July 1, 2022, the member must be in receipt of a retirement allowance for at least 24 months prior to the January 1 effective date of any postretirement adjustment.

(4) Special rule for Group F and Group G early retirement. A Group F or Group G member in receipt of an early retirement allowance shall not receive a postretirement adjustment to the member's retirement allowance until such time as the member has reached normal retirement age, provided the member has also met the other eligibility criteria set forth in this subsection.

(d) Amount of postretirement adjustment. The postretirement adjustment for each member who meets the eligibility criteria set forth in subsection (c) of this section shall be as follows:

(1) the full amount of the net percentage increase calculated in subsection (b) of this section for the following:

(A) Group A and C members, provided that the net increase following the application of any offset as provided in this section equals or exceeds one percent;

(B) Group D members first appointed or elected on or before June 30, 2022, provided that the net increase following the application of any offset as provided in this section equals or exceeds one percent; and

(C) commencing January 1, 2014, any active contributing member of the Group F or Group G plan on or after June 30, 2008, and who retires as a Group F or Group G member on or after July 1, 2008;

(2) one-half of the net percentage increase calculated in subsection (b) of this section for Group F members who retired on or before June 30, 2008;

(3) for Group D members first appointed or elected on or after July 1, 2022, provided that the net increase following the application of any offset as provided in this section equals or exceeds one percent, the full amount of the net percentage increase calculated in subsection (b) of this section for amounts equal to or less than $75,000.00 of annual retirement allowance and one-half the net percentage increase calculated in subsection (b) of this section for amounts $75,000.01 or greater of annual retirement allowance.

(e) Definitions. For purposes of this section:

(1) “Consumer Price Index” means the Northeast Region 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.

(2) “Vested deferred” means a member who receives a vested deferred allowance payable pursuant to subsection 465(a) of this title.

(f) Deferred vested allowance. No increase shall be made pursuant to this section in a deferred vested allowance payable pursuant to subsection 465(a) of this title prior to its commencement.
3APPENDIX V.S.A. § 7 — VT Code / Title 3APPENDIX / Chapter 32 / Section 7
§ 32-7. Exec. Order No. 32-7 (No. 01-04) [Low-Income Housing Tax Credit Program]
Status: in_force

Superseded and replaced by Executive Order No. 32-10 (codified as Executive Order No. 01-04), dated March 7, 2012.
3APPENDIX V.S.A. § 5 — VT Code / Title 3APPENDIX / Chapter 3 / Section 5
§ 3-5. Exec. Order No. 3-5 (No. 32-79) [Transfer of Clerk B Position From Office of Secretary of State to Division of Public Records, Agency of Administration]
Status: in_force

Revoked and rescinded by Executive Order 3-46 (codified as Executive Order No. 06-05), dated September 13, 2005.
3APPENDIX V.S.A. § 65 — VT Code / Title 3APPENDIX / Chapter 20 / Section 65
§ 20-65. Exec. Order No. 20-65 (No. 01-25) [Creation of the Agency of Public Safety]
Status: in_force

WHEREAS, the Governor, pursuant to Vermont Constitution Chapter II, Section 3 and Section 20, and 3 V.S.A. Section 2001 and Section 2002, subject to the Vermont Constitution Chapter II, Section 6, may make such changes in the organization of the Executive Branch or in the assignment of functions among its units as he considers necessary for efficient administration; and

WHEREAS, the Constitution of Vermont, Chapter II, Section 6 provides that no bill, resolution or other thing which shall have been passed by one house of the General Assembly shall have the effect of or be declared to be a law without the concurrence of the other, ensuring no action by a single house, committee or agent of the General Assembly may be binding on the Executive Branch; and

WHEREAS, any organizational changes made by the Governor, pursuant to 3 V.S.A. Section 2001 and Section 2002, shall be subject to disapproval by both houses of the General Assembly; and

WHEREAS, it is desirable to reorganize the agencies, departments and divisions of government to better coordinate certain activities and improve the coordination and effectiveness of services to the public; and

WHEREAS, the workload and responsibilities of the Department of Public Safety have been ever increasing over time including:

• Statewide law enforcement provided by the Vermont State Police.

• The response capabilities for the entirety of Vermont offered by special teams from both the Vermont State Police and the Division of Fire Safety.

• The Division of Emergency Management (VEM) is responsible for disaster response, recovery, and mitigation as well as management of the State Emergency Operations Center; VEM's responsibilities will only increase as Vermont faces the dynamic impacts of climate change.

• Broad responsibilities of the Division of Fire Safety.

• Numerous support services including Radio Technology and Crime Information, as well as management of Vermont's only accredited forensic lab.

• Animal welfare.

WHEREAS, the Department of Public Safety has demonstrated strong leadership in expanding alternative crisis response methodologies such as field mental health workers; providing enhanced statewide model policies in key areas, including use of force; leading efforts to reduce violent crime in Vermont communities; and communication and public safety information and technology systems that support every community in the state; and

WHEREAS, the Department of Public Safety's leadership serves as the State's designated Homeland Security Advisors to the Governor and is tasked with monitoring intelligence, coordinating planning and response to all hazard threats to the State, its populace and its Critical Infrastructure sectors; and

WHEREAS, the Department of Public Safety has established, together with the Agency of Education, the Vermont School Safety Center; and

WHEREAS, a new division of Animal Welfare was statutorily added to the Department of Public Safety in 2024; and

WHEREAS, the expansion of responsibilities accruing to the Department of Public Safety in service to the Governor's Constitutional duty to faithfully execute the laws and the public health and safety needs of Vermonters statewide, necessitate the elevation of the Department of Public Safety to a cabinet-level agency.

NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, Chapter II, Section 3 and Section 20, 3 V.S.A. § 209, 3 V.S.A. Chapter 41 and 32 V.S.A. § 704a, do hereby create an Agency of Public Safety which shall be successor to the Department of Public Safety as follows:

1. All duties, obligations, responsibilities and authority, including all contracts, grant agreements, service level agreements and MOUs of the Department of Public Safety are hereby transferred to the Agency of Public Safety.

2. All financial assets and liabilities, including all appropriations associated with the positions transferred pursuant to paragraph 3 below, of the Department of Public Safety are hereby transferred to the Agency of Public Safety.

3. All authorized positions, functions, equipment, supplies and inventory of the Department of Public Safety are transferred to the Agency of Public Safety.

4. The positions of Commissioner of the Department of Public Safety and Deputy Commissioner of the Department of Public Safety are abolished and all the duties, responsibilities, and authority, including board, committee and council memberships, of the Commissioner and the Deputy Commissioner are hereby transferred to the Secretary of the Agency of Public Safety and the Deputy Secretary of the Agency of Public Safety, respectively.

5. The Secretary shall be directly responsible to the Governor and shall plan, coordinate and direct the functions vested in the Agency. The Secretary shall prepare and submit to the Governor an annual budget for the Agency.

6. Effective April 16, 2025, the Agency of Public Safety shall be headed by the Secretary appointed by the Governor with the advice and consent of the Senate.

7. Effective April 16, 2025, the Secretary of the Agency of Public Safety may appoint a Deputy Secretary, with the approval of the Governor, who shall be exempt from the classified service.

8. Effective April 16, 2025, the Agency of Public Safety shall consist of a Division of Fire Safety, a Division of Law Enforcement and Homeland Security, a Division of Emergency Management, a Division of Administration and Finance, a Division of Animal Welfare, a Division of the Forensic Laboratory, a Division of Radio Technology Services and a Division of the Vermont Crime Information Center, as follows:

A. The Division of Fire Safety shall be headed by an Executive Director and organized into four offices, each reporting to the Executive Director of Fire Safety through a program manager:

1) Administration – (Plan Review, Permitting, Code Inspection and Public Fire Education)

2) Licensing, Certification and Rule Making Office

3) Special Teams

a) HazMat Team

b) USAR/Swiftwater Team

c) Fire and Explosive Investigation Unit

4) Training Office – Vermont Fire Academy

B. The Division of Law Enforcement and Homeland Security shall be headed by the Colonel who shall be the senior commander of the Vermont State Police.

C. The Division of Emergency Management shall be headed by a Director and organized into the following five sections:

1) Planning

2) Engagement

3) Operations and Logistics

4) Recovery

5) Mitigation

D. The Division of Administration and Finance shall be headed by a Director and organized into the following offices:

1) Accounting

2) Budgeting

3) Grant Management

4) Procurement

5) Audit and Payroll

E. The Division of Animal Welfare shall be headed by a Director.

F. The Division of the Vermont Forensic Laboratory shall be headed by a Director and shall be organized into the following sections:

1) Chemistry

2) Biology

3) Toxicology

4) Physical Comparison

5) Quality Control and Accreditation

6) Evidence Management and Control

G. The Division of Radio Technology Services shall be headed by a Director.

H. The Division of the VT Crime Information Center, including the Sex Offender Registry, shall be headed by a Director.

The Colonel and all Executive Directors and Directors shall be appointed by the Secretary with the approval of the Governor. The Director of the Division of Fire Safety and the Director of Emergency Management shall be exempt from the classified service. The Colonel shall serve at the pleasure of the Governor.

The Secretary of the Agency of Public Safety shall be a member of the Governor's Cabinet which consists of the Secretaries of the agencies as are created by law, as well as such Commissioners of the departments created by law as the Governor determines shall appoint to be members of the Cabinet.

This Executive Order shall be submitted to the General Assembly pursuant to 3 V.S.A. § 2002, subject to the Vermont Constitution Chapter II, Section 6, and shall take effect on April 16, 2025, unless disapproved by both houses of the General Assembly.

Dated January 15, 2025.
3 V.S.A. § 3092a — VT Code / Title 3 / Chapter 53 / Section 3092a
§ 3092a. Appeals from Divisions of Vocational Rehabilitation, Blind and Visually Impaired
Status: in_force

(a) Notwithstanding the provisions of subsection 3091(a) of this title relating to fair hearings before the Human Services Board, appeals concerning benefits or services under the Rehabilitation Act of 1973 as amended shall be to the Director of the Division of Vocational Rehabilitation or the Division for the Blind and Visually Impaired, as appropriate, rather than the Human Services Board so long as federal law requires that final decisions be made by the Director of that Division.

(b) Prior to making a final decision, the Director shall hold a hearing to give the applicant an opportunity to be heard and to present evidence.

(c) When federal law no longer requires that final decisions be made by the Director of that Division, such appeals shall be to the Human Services Board as provided in subsection 3091(a) of this title unless federal law requires another method for hearing appeals.
3APPENDIX V.S.A. § 5 — VT Code / Title 3APPENDIX / Chapter 18 / Section 5
§ 18-5. Exec. Order No. 18-5 (No. 14-91) [Rabies Task Force]
Status: in_force

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.
3 V.S.A. § 844 — VT Code / Title 3 / Chapter 25 / Section 844
§ 844. Emergency rules
Status: in_force

(a) Where an agency believes that there exists an imminent peril to public health, safety, or welfare, it may adopt an emergency rule. The rule may be adopted without having been prefiled or filed in proposed or final proposed form, and may be adopted after whatever notice and hearing the agency finds to be practicable under the circumstances. The agency shall make reasonable efforts to ensure that emergency rules are known to persons who may be affected by them.

(b) Emergency rules adopted under this section shall not remain in effect for more than 180 days. An agency may propose a permanent rule on the same subject at the same time that it adopts an emergency rule.

(c) Emergency rules adopted under this section shall be filed with the Secretary of State and with the Legislative Committee on Administrative Rules. The Legislative Committee on Administrative Rules shall distribute copies of emergency rules to the appropriate standing committees.

(d) Emergency rules adopted under this section shall include:

(1) as much of the information required for the filing of a proposed rule as is practicable under the circumstances; and

(2) a signed and dated statement by the adopting authority explaining the nature of the imminent peril to the public health, safety, or welfare and approving of the contents of the rules.

(e)(1) On a majority vote of the entire Committee, the Committee may object under this subsection if an emergency rule is:

(A) beyond the authority of the agency;

(B) contrary to the intent of the Legislature;

(C) arbitrary; or

(D) not necessitated by an imminent peril to public health, safety, or welfare sufficient to justify adoption of an emergency rule.

(2) When objection is made under this subsection, on majority vote of the entire Committee, the Committee may file the objection in certified form with the Secretary of State. The objection shall contain a concise statement of the Committee's reasons for its action. The Secretary shall affix to each objection a certification of its filing and as soon as practicable transmit a copy to the agency. After a Committee objection is filed with the Secretary under this subsection, to the extent that the objection covers a rule or portion of a rule, the burden of proof thereafter shall be on the agency in any action for judicial review or for enforcement of the rule to establish that the part objected to is within the authority delegated to the agency, is consistent with the intent of the Legislature, is not arbitrary, and is justified by an imminent peril to the public health, safety, or welfare. If the agency fails to meet its burden of proof, the court shall declare the whole or portion of the rule objected to invalid. The failure of the Committee to object to a rule is not an implied legislative authorization of its substantive or procedural lawfulness.

(3) When the Committee makes an objection to an emergency rule under this subsection, the agency may withdraw the rule to which an objection was made. Prior to withdrawal, the agency shall give notice to the Committee of its intent to withdraw the rule. A rule shall be withdrawn upon the filing of a notice of withdrawal with the Secretary of State and the Committee. If the emergency rule amended an existing rule, upon withdrawal of the emergency rule, the existing rule shall revert to its original form, as though the emergency rule had never been adopted.

(f) In response to an expressed concern of the Legislative Committee on Administrative Rules, an agency may make a germane change to an emergency rule that is approved by the Committee. A change under this subsection shall not be considered a newly adopted emergency rule and shall not extend the period during which the emergency rule remains in effect.

(g) In the alternative to the grounds specified in subsection (a) of this section, an agency may adopt emergency amendments to existing rules using the process set forth in this section if each of the subdivisions (1)-(5) of this subsection applies. On a majority vote of the entire Committee, the Legislative Committee on Administrative Rules may object to the emergency amendments on the basis that one or more of these subdivisions do not apply or under subdivision (e)(1)(A), (B), or (C) of this section, or both.

(1) The existing rules implement a program controlled by federal statute or rule or by a multistate entity.

(2) The controlling federal statute or rule has been amended to require a change in the program, or the multistate entity has made a change in the program that is to be implemented in all of the participating states.

(3) The controlling federal statute or rule or the multistate entity requires implementation of the change within 120 days or less.

(4) The adopting authority finds each of the following in writing:

(A) The agency cannot by the date required for implementation complete the final adoption of amended rules using the process set forth in sections 837 through 843 of this title.

(B) Failure to amend the rules by the date required for implementation would cause significant harm to the public health, safety, or welfare or significant financial loss to the State.

(5) On the date the emergency rule amendments are adopted pursuant to this subsection, the adopting authority prefiles a corresponding permanent rule pursuant to section 837 of this title.
3 V.S.A. § 1203a — VT Code / Title 3 / Chapter 31 / Section 1203a
§ 1203a. Directing unethical conduct
Status: in_force

A public servant shall not direct another person to act in a manner that would be unethical for the public servant or the other person to act. A public servant who has a conflict of interest shall not direct others to act to the public servant's benefit where such action would be a violation of the Code of Ethics if the public servant were to perform the act.
3APPENDIX V.S.A. § 79 — VT Code / Title 3APPENDIX / Chapter 3 / Section 79
§ 3-79. Exec. Order No. 3-79 (No. 04-17) [Program to Improve Vermont Outcomes Together (PIVOT)]
Status: in_force

WHEREAS, Vermonters deserve a modern government that provides efficient and effective services and programs that produce results now and into the future; and

WHEREAS, continuous improvement is both a culture to be adopted, as well as a toolbox that includes proven results and process improvement tools such as Lean and Results-Based Accountability; and

WHEREAS, continuous improvement should be driven by strategic outcomes (goals) contained in a living Strategic Plan; and

WHEREAS, said strategic outcomes should be monitored by using results-based indicators and programmatic performance measures to inform the level of success in achieving the strategic outcomes; and

WHEREAS, tools such as Lean should be used for process improvement by focusing on customer value-added activities, elimination of unnecessary steps and bottlenecks, and build capacity in programs and activities; and

WHEREAS, the Governor has created, by separate Executive Order, the Government Modernization and Efficiency Team, a dedicated team of State operational professionals and business and technology leaders to enable the Governor to benefit from both public and private sector experience in successfully implementing modernization changes.

NOW, THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of the State of Vermont, do hereby order and direct the following:

(a) Attend executive branch appointing authority Boot-Camp developed and directed by the Chief Performance Officer;

(b) No later than July 1, 2017, develop a multi-year State Strategic Plan, in consultation with the Governmental Modernization and Efficiency Team (GMET), with consideration for the existing outcomes in 3 V.S.A. § 2311;

(c) Assign Agency and Department staff to participate in an internal Continuous Improvement (“CI”) team;

(d) Assign a team lead for consideration as a participant in a statewide Continuous Improvement Steering Committee to be chaired by the Chief Performance Officer;

(e) Select and instruct CI team members to attend Lean White and Yellow Belt training, and Green belt training where deemed necessary;

(f) Instruct business managers and staff to attend Programmatic Budget training, and thereafter:

(1) All Agency Secretaries, Department Commissioners, and their deputies shall:

i) No later than July 1, 2017, in consultation with the Commissioner of Finance and Management, develop a list of programs, program areas and program groups, including associated FTEs, funding, and coding;

ii) Prioritize the program list in line with the Governor's Strategic Goals of affordability, economic growth, and protecting vulnerable Vermonters;

iii) Prioritize, in consultation with the Commissioner of Finance and Management, programs to be designated for results-based improvement and/or process improvement;

iv) Assign the CI team lead to work with the Chief Performance Officer, or designee to develop an improvement events schedule;

v) Use results-based methods and tools, such as Lean tools to develop viable changes, improvements, and action plans to achieve results and efficiency improvement;

vi) Integrate identified efficiencies and changes into programs and operations, utilizing and redeploying adding capacity, and new efficiencies attained to avoid future costs;

vii) Develop a list of future improvements requiring statutory and/or rule changes, or additional costs, for consideration;

viii) Incorporate known efficiencies and capacity building into future programmatic budgets, aligning programmatic results with the programmatic investment, and strategic outcomes;

ix) Secretaries, Commissioners, and Deputies shall report to the Governor and the GMET on a quarterly basis on the programmatic results and process improvements;

x) Secretaries, Commissioners, and Deputies shall report to the Governor annually as directed by the GMET.

(a) Make improvements to programs and processes;

(b) Suggest innovative solutions; achieve better outcomes; and

(c) Provide support training, resources and tools necessary for a broad array of employees at all levels.

(2) A Continuous Improvement Steering Committee is established to provide guidance and technical assistance for the PIVOT; the Committee shall be chaired by the Chief Performance Officer and comprised of a representative number of agency and department CI team leads.

(3) All Agency Secretaries, Department Commissioners, and their deputies shall ensure classified State employees, middle management, and upper management have the requisite training and knowledge and are empowered to:

(4) All Agency Secretaries, Department Commissioners, and their deputies shall encourage participation of internal and external stakeholders to ensure that the State government is more responsive to Vermonters.

This Executive Order shall take effect upon execution.

Dated January 5, 2017
3 V.S.A. § 6006 — VT Code / Title 3 / Chapter 72 / Section 6006
§ 6006. Environmental Justice Advisory Council and Interagency Environmental Justice Committee
Status: in_force

(a) Advisory Council and Interagency Committee.

(1) There is created:

(A) the Environmental Justice Advisory Council (Advisory Council) to provide independent advice and recommendations to State agencies and the General Assembly on matters relating to environmental justice, including the integration of environmental justice principles into State programs, policies, regulations, legislation, and activities; and

(B) the Interagency Environmental Justice Committee (Interagency Committee) to guide and coordinate State agency implementation of the Environmental Justice State Policy and provide recommendations to the General Assembly for amending the definitions and protections set forth in this chapter.

(2) Appointments to the groups created in this subsection shall be made on or before December 15, 2022.

(3) Both the Advisory Council and the Interagency Committee shall consider and incorporate the Guiding Principles for a Just Transition developed by the Just Transitions Subcommittee of the Vermont Climate Council in their work.

(b) Meetings. The Advisory Council and Interagency Committee shall each meet not more than 12 times per year, with at least four meetings occurring jointly. Meetings may be held in person, remotely, or in a hybrid format to facilitate maximum participation and shall be recorded and publicly posted on the Secretary's website.

(c) Duties.

(1) The Advisory Council shall:

(A) advise State agencies on environmental justice issues and on how to incorporate environmental justice into agency procedures and decision making as required under subsection 6004(b) of this title and evaluate the potential for environmental burdens or disproportionate impacts on environmental justice focus populations as a result of State actions and the potential for environmental benefits to environmental justice focus populations;

(B) advise State agencies in the development of community engagement plans;

(C) advise State agencies on the use of the environmental justice mapping tool established pursuant to section 6007 of this title and on the enhancement of meaningful participation, reduction of environmental burdens, and equitable distribution of environmental benefits;

(D) review and provide feedback to the relevant State agency, pursuant to subsection 6005(c) of this title, on any proposed rules for implementing this chapter; and

(E) receive and review annual State agency summaries of complaints alleging environmental justice issues, including Title VI complaints, and suggest options or alternatives to State agencies for the resolution of systemic issues raised in or by the complaints.

(2) The Interagency Committee shall:

(A) consult with the Agency of Natural Resources in the development of the guidance document required by subsection 6004(g) of this title on how to determine which investments provide environmental benefits to environmental justice focus populations; and

(B) on or before July 1, 2025, develop, in consultation with the Agency of Natural Resources and the Environmental Justice Advisory Council, a set of core principles to guide and coordinate the development of the State agency community engagement plans required under subsection 6004(c) of this title.

(3) The Advisory Council and the Interagency Committee shall jointly:

(A) consider and recommend to the General Assembly, on or before December 1, 2025, amendments to the terminology, thresholds, and criteria of the definition of environmental justice focus populations, including whether to include populations more likely to be at higher risk for poor health outcomes in response to environmental burdens; and

(B) examine existing data and studies on environmental justice and consult with State, federal, and local agencies and affected communities regarding the impact of current statutes, regulations, and policies on the achievement of environmental justice.

(d) Membership.

(1) Advisory Council. Each member of the Advisory Council shall be well informed regarding environmental justice principles and committed to achieving environmental justice in Vermont and working collaboratively with other members of the Council. To the greatest extent practicable, Advisory Council members shall represent diversity in race, ethnicity, age, gender, urban and rural areas, and different regions of the State. The Advisory Council shall consist of the following 11 members, with a goal to have more than 50 percent residing in environmental justice focus populations:

(A) the Director of Racial Equity or designee;

(B) the following members, appointed by the Committee on Committees:

(i) one representative of municipal government;

(ii) one representative of a social justice organization;

(iii) one representative of mobile home park residents;

(C) the following members, appointed by the Speaker of the House:

(i) one representative who resides in a census block group that is designated as an environmental justice focus population;

(ii) one representative of an organization working on food security issues;

(iii) one representative of immigrant communities in Vermont;

(iv) one representative of a statewide environmental organization;

(D) one representative of a State-recognized Native American Indian tribe, recommended and appointed by the Vermont Commission on Native American Affairs;

(E) the Executive Director of the Vermont Housing and Conservation Board or designee; and

(F) the Chair of the Natural Resources Conservation Council or designee.

(2) Interagency Committee. The Interagency Committee shall consist of the following 11 members:

(A) the Secretary of Education or designee;

(B) the Secretary of Natural Resources or designee;

(C) the Secretary of Transportation or designee;

(D) the Commissioner of Housing and Community Development or designee;

(E) the Secretary of Agriculture, Food and Markets or designee;

(F) the Commissioner of Health or designee;

(G) the Director of Emergency Management or designee;

(H) the Commissioner of Public Service or designee;

(I) the Director of Racial Equity or designee;

(J) the Chair of the Land Use Review Board or designee; and

(K) the Chair of the Public Utility Commission or designee.

(3) Co-chairs. The Advisory Council and the Interagency Committee may each elect two co-chairs.

(4) Terms. After initial appointments, all appointed members of the Advisory Council shall serve six-year terms and serve until a successor is appointed. The initial terms shall be staggered so that one third of the appointed members shall serve a two-year term, another third of the appointed members shall serve a four-year term, and the remaining members shall be appointed to a six-year term.

(5) Vacancies. Vacancies of the Advisory Council shall be appointed in the same manner as original appointments.

(6) Assistance. The Advisory Council shall have the administrative, technical, and legal assistance of the Agency of Natural Resources.

(7) Members of the Advisory Council who are not State employees shall be entitled to per diem compensation and reimbursement of expenses for each day spent in the performance of their duties, as permitted under 32 V.S.A. § 1010. These payments shall be made from monies appropriated to the Agency of Natural Resources.
3 V.S.A. § 463 — VT Code / Title 3 / Chapter 16 / Section 463
§ 463. Reinstatement
Status: in_force

(a) Should a disability beneficiary be restored to service or should any other beneficiary be restored to service, his or her retirement allowance shall cease, and the beneficiary shall again become a member of the Retirement System. Anything in this subchapter to the contrary notwithstanding, upon his or her subsequent retirement, he or she shall be credited with all the service creditable to him or her at the time of his or her former retirement. However, if such beneficiary is restored to membership after the attainment of 55 years of age, his or her pension upon subsequent retirement shall not exceed the sum of the pension that he or she was receiving immediately prior to his or her last restoration to membership and the pension that may have accrued on account of membership service since his or her last restoration to membership, provided that the rate percent of his or her total pension on his or her subsequent retirement shall not exceed the rate he or she would have received had he or she remained in service during the period of prior retirement.

(b) A member who has been reemployed is entitled to prior service credit upon depositing in the fund the contributions that would have been deducted from the member's compensation had he or she remained a member with interest as set forth in subdivision 473(c)(1) of this title. The member in order to qualify for the prior service credit must also deposit in the fund a sum equal to the contributions that would have been contributed by the State had he or she remained a member with interest as set forth in subdivision 473(c)(1) of this title.
3 V.S.A. § 309a — VT Code / Title 3 / Chapter 13 / Section 309a
§ 309a. Employment of persons with disabilities
Status: in_force

(a) The Commissioner shall adopt rules under chapter 25 of this title in consultation with appropriate vocational rehabilitation agencies, interested private associations and organizations, and interested individuals to establish procedures on the employment of persons with disabilities.

(b) Rules adopted by the Commissioner shall allow flexibility with respect to hiring persons with a disability. The Commissioner may require certification by the Commissioner of Disabilities, Aging, and Independent Living to accompany the usual application for employment. The Commissioner of Disabilities, Aging, and Independent Living shall indicate in its certification that:

(1) the applicant is physically qualified to do the work without hazard to himself or herself or others; and

(2) the applicant is competent to maintain himself or herself in a work environment.

(c) The Commissioner, in his or her discretion, may waive qualifications which exclude a person with a disability who is otherwise qualified. A waiver may apply to competitive entrance examinations, provisions relating to previous experience, or any other requirement for qualification. A waiver is to be used for equal access to employment, not for an advantage.
3 V.S.A. § 816 — VT Code / Title 3 / Chapter 25 / Section 816
§ 816. Exemptions
Status: in_force

(a) Sections 809-813 of this title shall not apply to:

(1) Acts, decisions, findings, or determinations by the Human Services Board or the Commissioner for Children and Families or a duly authorized agent, and to procedures or hearings before and by the Board or Commissioner or agent.

(2) Acts, decisions, findings, or determinations by the Employment Security Board or the Commissioner of Labor or his or her, its, or their duly authorized agents and to any and all procedures or hearings before and by him or her or it or his or her or its agents, provided further that subdivisions 802(a)(3) and (4) and subsections 802(b) and 804(a) of this title shall not apply to information made confidential under federal or State law and provided further that subdivisions 802(a)(3) and (4) and subsections 802(b) and 804(a) shall not apply to a determination of a hearing or claims examiner or appeal referee.

(3) Acts, decisions, findings, or determinations by the Department of Labor or the Commissioner of Labor or his or her, its, or their duly authorized agents as to any and all procedures or hearings before and by the Department or Commissioner or his or her or their agents, arising out of or with respect to 21 V.S.A. chapter 5, subchapter 2, and chapters 9 and 11.

(b) Sections 809-814 of this title shall not apply to any and all acts, decisions, findings, or determinations by the Commissioner of Motor Vehicles or his or her duly authorized agents or to any and all procedures or hearings before and by him or her, or his or her agents, provided further that subsection 804(a) of this title shall not apply to decisions of that Commissioner respecting the grant, denial, suspension, or revocation of a license or registration under Title 23.

(c) This chapter shall not be construed to apply to the Commander-in-Chief or any other officer, individual, board, or set of persons in the Military Department of this State.
3APPENDIX V.S.A. § 9 — VT Code / Title 3APPENDIX / Chapter 30 / Section 9
§ 30-9. Exec. Order No. 30-9 (No. 08-06) [Statewide Telecommunications Advancement]
Status: in_force

Revoked and rescinded by Executive Order No. 3-50 (codified as Executive Order 10-09), dated December 23, 2009.
3APPENDIX V.S.A. § 82 — VT Code / Title 3APPENDIX / Chapter 3 / Section 82
§ 3-82. Exec. Order No. 3-82 (No. 15-17) [Governor's Marijuana Advisory Commission]
Status: in_force

WHEREAS, the States of Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon and Washington and the District of Columbia have taken steps to legalize the recreational use of marijuana and/or establish systems for the licensing, regulation and taxation of the sale and distribution of marijuana; and

WHEREAS, Vermont must adopt a balanced approach to marijuana legalization which takes into consideration realities of current consumption levels, legalization in neighboring jurisdictions, and facts regarding local impacts, the risk of harm to our youth, impaired driving and the social consequences of drug use and addiction, particularly in the context of the State's opioid crisis; and

WHEREAS, Vermont can pursue a regional approach with the northeastern states of Maine and Massachusetts, as well as Canada, to create universal highway safety and public health regulations to ensure health and safety as it relates to recreational marijuana usage; and

WHEREAS, Vermont governors have created various executive orders over the years which address complex issues facing children and youth, public safety, criminal justice, substance abuse and population health; and

WHEREAS, even if one accepts limited recreational use of marijuana as an individual choice, this choice cannot be permitted to adversely impact public health or safety, especially roadway safety and children's health; and

WHEREAS, in order to assess the potential for a system which permits the recreational use of marijuana and/or regulates and taxes the sale and distribution of marijuana in a way which is not volume- or profit-driven or detrimental to the interests of a safe and healthy population, there is a need for a thoughtful and thorough consideration of public health, public safety and financial resource issues.

NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby create the Governor's Marijuana Advisory Commission, as follows:

I. Composition and Appointments.

The Commission shall be advisory to the Governor and consist of the following thirteen members:

(1) two members appointed by the Committee on Committees;

(2) two members appointed by the Speaker of the House;

(3) two members appointed by the Governor, who shall be Co-Chairs;

(4) the Secretary of Agriculture, Food and Markets or designee;

(5) the Commissioner of the Department of Public Safety or designee

(6) the Commissioner of the Department of Health or designee;

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

(8) the Commissioner of the Department of Taxes or designee;

(9) the Attorney General or designee; and

(10) the Executive Director of the States' Attorneys and Sheriffs, or designee.

The Commission shall have three subcommittees who shall meet at least monthly, consult with experts and stakeholder groups as needed, and report findings and recommendations to the Commission on a schedule set by the Co-Chairs. Members of the Commission and subcommittees shall be appointed by the Governor for three-year terms unless otherwise specified as follows:

(1) Roadway safety. One subcommittee shall be formed to examine and present findings on drugged driving and recommend appropriate measures to ensure roadway safety. Additionally, this subcommittee shall pursue a regional impairment threshold for the New England states, and parity in drugged driving roadway safety laws and penalties.

(i) Membership. This subcommittee shall be chaired by the Commissioner of the Department of Public Safety. Other members shall include the Secretary of the Agency of Transportation or designee, one member designated by the Criminal Justice Training Council, one member designated by the Vermont League of Cities and Towns, the Defender General or designee, the Director of the Vermont Forensic Laboratory or designee, one representative of the Judiciary appointed by the Chief Justice of the Vermont Supreme Court, and one emergency medical service provider.

(2) Education and prevention. One subcommittee shall be formed to examine and present findings on how best to measure and reduce impacts on public health; how to regulate edibles; how to regulate THC concentrations in marijuana and marijuana products; how to discourage consumption of, and restrict access to marijuana by minors; and how to effectively implement evidence-based education and prevention strategies for those under 21 years of age.

(i) Membership. This subcommittee shall be chaired by the Commissioner of the Department of Health. Other members shall include, the Secretary of the Agency of Education or designee, one member designated by the Vermont Chapter of the American Academy of Pediatrics, one educational leader designated jointly by the Vermont Superintendents Association and the Vermont Principals' Association, one medical professional currently practicing medicine designated by the Vermont Medical Society, one member with expertise in matters affecting at-risk Vermont youth, one substance abuse counselor, and one member with expertise in marketing.

(3) Taxation and Regulation. One subcommittee shall be formed to examine and present findings regarding the sale and taxation of marijuana for recreational use, and assess structures for doing so which address areas such as banking, landlord and tenant relationships, local zoning, insurance, host liability, economic sustainability, and reduction of the illegal marijuana market. This subcommittee shall assist the Roadway Safety and Education and Prevention Subcommittees on identifying funding strategies and options for recommended resources and programming based on a taxed and regulated marijuana market and other sources.

(i) Membership. This subcommittee shall be chaired by the Commissioner of the Department of Tax. Other members shall include the Secretary of the Agency of Commerce and Community Development or designee, the Commissioner of the Department of Financial Regulation or designee, the Chair of the Liquor Control Board, one member designated by the Vermont Bankers Association, one member designated by the Association of Vermont Credit Unions, one member designated by the Vermont League of Cities and Towns, one representative of the business community, and one member with expertise in national tax and regulatory systems designated by the Vermont Coalition to Regulate Marijuana.

II. Meetings.

(1) The Governor shall call the first meeting of the Commission to occur on or before October 1, 2017. The subcommittees shall also convene their first meetings on or before October 1, 2017.

(2) A majority of membership of the Commission or each subcommittee, as the case may be, shall constitute a quorum.

III. Powers and Duties.

The Commission, upon consultation with its three subcommittees, shall proceed with its work in two phases:

(1) In order to establish a common baseline understanding of the most credible data regarding health endpoints of marijuana use and safety impacts of legalization, on or before November 15, 2017, the Subcommittees on Highway Safety and Education and Prevention shall assess high-quality primary research, including evidence-based Vermont data to the extent it is available, for the following groups of health and safety endpoints and report to the Commission:

(i) Injury and death: All-cause mortality, occupational injury, motor vehicle crash, overdose injury and death;

(ii) Prenatal, perinatal, and postnatal exposure to marijuana: Pregnancy complications for the mother, fetal growth and development, neonatal conditions, later outcomes for the infant;

(iii) Psychosocial: Cognition (learning, memory, attention, intelligence), academic achievement and educational outcomes, employment and income, social relationships and other social roles;

(iv) Mental health: Schizophrenia and other psychoses, bipolar disorders, depression; suicide, anxiety, posttraumatic stress disorder;

(v) Problem Marijuana use: Marijuana use disorder;

(vi) Marijuana use and abuse of other substances: Abuse of other substances; and

(vii) Crime rates: Crimes directly or indirectly shown to be related to marijuana use, production or storage in jurisdictions with marijuana legalization and decriminalization.

(2) On or before January 15, 2018, the Commission shall produce a report making recommendations to the Governor to date regarding:

(i) Need for the creation, implementation and funding of statewide evidence-based youth prevention programs;

(ii) Adequacy of and funding for substance abuse facilities;

(iii) Adequacy of and funding for broad-based messaging or public awareness campaigns to address the risk of harm posed by marijuana to Vermonters;

(iv) Adequacy of and funding for broad-based messaging or public awareness campaigns to address the dangers of driving while impaired due to marijuana, similar to those targeted to alcohol consumers;

(v) An appropriate impairment testing mechanism, including the possible merits of saliva-based testing standards;

(vi) Adequacy of and funding for drug recognition experts (DREs) and training;

(vii) Capacity for in-state testing and analysis of toxicology samples for DUIs related to drugs such as marijuana;

(viii) Feasibility of regional impairment standards;

(ix) Adequacy of and funding for resources that municipalities will need to support professional and volunteer fire, police, and emergency services resulting from access and use of recreational marijuana;

(x) Need for a performance benchmark or benchmarks to be assessed before the further decriminalization or legalization of recreational marijuana use or establishment of a tax and regulatory system, such as the percentage of Vermont youth who recognize and understand the risk of harm posed by marijuana, a statistically significant reversal and decline in the number of major crashes due to marijuana-impaired drivers, a statistically significant reversal and decline in the number of DUIs related to marijuana, and capacity at the Department of Public Safety to meet the need for DREs and in-house analysis and toxicology testing related to marijuana;

(xi) Miscellaneous issues, such as host liability and landlord liability in the context of marijuana availability in homes and public places, security of marijuana storage, impacts on the cost of automobile, workers compensation and homeowner insurance, local zoning and search and seizure considerations; and

(xii) Changes to Vermont law required to protect those under 21 years old and ensure highway safety.

(3) Pending development of comprehensive education, prevention and highway safety strategies, on or before December 15, 2018, the Commission will provide recommendations to the Governor on implementing and operating a comprehensive regulatory and revenue system for an adult marijuana market, and accompanying legislation if deemed necessary. At a minimum, the Commission shall:

(i) Summarize its findings to date;

(ii) Recommend a business plan for a comprehensive regulatory and revenue system which completely self-funds the regulatory infrastructure at both the State and local level, including:

a. An appropriate tax rate;

b. Required equipment and/or staffing resources required to address impaired driving due to marijuana or marijuana and alcohol at both the State and local level;

c. The additional costs of substance abuse and treatment; and

d. The additional costs of public awareness campaigns and statewide evidence-based youth education and prevention programs to control access by minors.

(iii) Recommend licensure costs and requirements;

(iv) Estimate revenue needed to initially fund a comprehensive net-revenue generating regulatory and revenue system from public and private investment, licensing and operating fees, and grant sources;

(v) Determine a set impairment threshold for operating a motor vehicle on State roads and highways, identify an appropriate impairment testing mechanism, and/or recommend increased DREs and training;

(vi) Recommend a plan for continued monitoring and reporting on impacts to public health, with specific reference to the health endpoints listed in Section III(1) above;

(vii) Make recommendations regarding:

a. Workplace safety and if it is appropriate to reform workplace drug testing laws;

b. Impacts on the economy as a result of third party liability such as restrictions on banking due to Federal laws;

c. Appropriate measures to address pesticide use, quality control, and labeling for marijuana products;

d. If there is a business model that will grow the rural economy by giving existing Vermont farmers licensing and regulatory preference for commercial operations; and

(e) Other miscellaneous matters as determined necessary and appropriate by the Commission.

The Commission will provide ongoing reporting to the Governor on April 1, 2018, July 1, 2018, and October 1, 2018 regarding progress on the foregoing.

IV. Assistance.

The Commission shall have the administrative, technical, and legal assistance of the Office of the Governor and the Secretary of Administration. Each subcommittee shall have the technical, legal, and administrative support of the Agency or Department of each respective subcommittee Chair.

V. Expense Reimbursement.

I hereby authorize per diem compensation and reasonable and necessary expense reimbursement for travel and food for members who are not full-time State employees pursuant to 32 V.S.A. § 1010(e).

VI. Effective Date.

This Executive Order shall take effect upon execution.

Dated September 7, 2017
3 V.S.A. § 342 — VT Code / Title 3 / Chapter 14 / Section 342
§ 342. Contracting standards; contracts for services
Status: in_force

Each contract for services valued at $25,000.00 or more per year shall require certification by the Office of the Attorney General to the Secretary of Administration that such contract for services is not contrary to the spirit and intent of the classification plan and merit system and standards of this title. A contract for services is contrary to the spirit and intent of the classification plan and merit system and standards of this title, and shall not be certified by the Office of the Attorney General as provided in this section, unless the provisions of subdivisions (1), (2), and (3) of this section are met, or one or more of the exceptions described in subdivision (4) of this section apply.

(1) The agency will not exercise supervision over the daily activities or methods and means by which the contractor provides services other than supervision necessary to ensure that the contractor meets performance expectations and standards; and

(2) The services provided are not the same as those provided by classified State employees within the agency; and

(3) The contractor customarily engages in an independently established trade, occupation, profession, or business; or

(4) Any of the following apply:

(A) The services are not available within the agency or are of such a highly specialized or technical nature that the necessary knowledge, skills, or expertise is not available within the agency.

(B) The services are incidental to a contract for purchase or lease of real or personal property.

(C) There is a demonstrated need for an independent audit, review, or investigation; or independent management of a facility is needed as a result of, or in response to, an emergency such as licensure loss or criminal activity.

(D) The State is not able to provide equipment, materials, facilities, or support services in the location where the services are to be performed in a cost-effective manner.

(E) The contract is for professional services, such as legal, engineering, or architectural services, that are typically rendered on a case-by-case or project-by-project basis, and the services are for a period limited to the duration of the project, normally not to exceed two years or provided on an intermittent basis for the duration of the contract.

(F) The need for services is urgent, temporary, or occasional, such that the time necessary to hire and train employees would render obtaining the services from State employees imprudent. Such contract shall be limited to 90 days' duration, with any extension subject to review and approval by the Secretary of Administration.

(G) Contracts for the type of services covered by the contract are specifically authorized by law.

(H) Efforts to recruit State employees to perform work, authorized by law, have failed in that no applicant meeting the minimum qualifications has applied for the job.

(I) The cost of obtaining the services by contract is lower than the cost of obtaining the same services by utilizing State employees. When comparing costs, the provisions of section 343 of this title shall apply.
3APPENDIX V.S.A. § 47 — VT Code / Title 3APPENDIX / Chapter 20 / Section 47
§ 20-47. Exec. Order No. 20-47 (No. 13-12) [Vermont National Guard Trust Fund Board]
Status: in_force

WHEREAS, upon deactivation of members of the Vermont Army National Guard after World War I, the company funds of units comprising the First Infantry Regiment, Vermont National Guard, were turned over to the federal War Department (now the Department of Defense); and

WHEREAS, in 1927, the War Department returned the company funds to the Adjutant General for the Vermont Army National Guard, Brigadier General Herbert T. Johnson, to benefit the present and future elements of any reconstituted and/or reactivated regiment; and

WHEREAS, in 1927, Governor John E. Weeks, by special order 54, dated June 21, 1927, created a special committee to review the receipt of these funds and to make recommendations; and

WHEREAS, on June 30, 1927, upon the recommendation of the special committee, the Governor established the 172d Infantry Memorial Trust Fund — the 172d Infantry being the reorganized units of Vermont National Guard units that served in World War I; and

WHEREAS, on July 1, 1960, the fund was re-designated by Executive Order (no number) of Governor Robert T. Stafford as the “Vermont Army National Guard Memorial Trust Fund”; and

WHEREAS, on October 8, 1999, Governor Howard Dean reconstituted the fund as the “Vermont National Guard Trust Fund” and established the Trust Fund Board;

NOW, THEREFORE, I, Peter Shumlin, by virtue of the power vested in me as Governor, do hereby amend the duties and responsibilities of the Trust Fund Board as follows:

I. Composition, Appointments, and Process

The Trust Fund Board shall be chaired by the Adjutant General for the State of Vermont, or his/her designee. The Adjutant General shall appoint members to the Board and shall appoint not less than three members. A majority of the sitting members shall constitute a quorum and action taken by the Board under this Executive Order may be authorized by a majority of members present and voting at any regular or special meeting. The members of the board will not receive any remuneration by the State of Vermont for their participation on the Board.

II. Charge

The Board shall administer the Trust Fund and effectuate the policies and purposes of this Executive Order. Deposits to the currently existing monies shall be made to the Fund from moneys appropriated thereto by the General Assembly from time to time and from any other source, private or public, as approved by the Board. Unexpended balances and any earnings shall not revert to the general fund but shall remain in the fund for use in accord with the purposes of this Executive Order.

The Trust will be for the benefit of all members of the Vermont National Guard.

The original purpose of the Fund was to benefit members of the Vermont National Guard in times of federal activation during an emergency and, in keeping with that purpose, the Fund will continue to be used for members of the Vermont National Guard in times of federal activation during emergencies, war, rebellion, humanitarian effort, operations other that war and in times of state active duty. The Board will establish rules and regulations governing the expenditure of funds under these conditions.

In further keeping with the original intent of the Fund, the Board may disburse part of the Fund as a discretionary fund for the purpose of betterment of the members of the Vermont National Guard. Under no circumstance will this allocation and disbursement reduce the total Fund to an amount lower than $30,000, to be used for the purposes stated in the preceding paragraph.

The Fund, principle and interest, will be invested and reinvested in commercially reasonable investment vehicles as approved by the Board.

If the Board deems necessary, the Board may contract with and/or hire investment consultants, brokers, counselors, or the like and the cost therefore, will be borne by the Fund.

III. Effective Date

This Executive Order shall take effect upon signing and shall continue in full force and effect until further order by the Governor.

Dated November 8, 2012.
3 V.S.A. § 2828 — VT Code / Title 3 / Chapter 51 / Section 2828
§ 2828. Project scoping process
Status: in_force

(a) Applicability. This section shall govern all applications for permits, certifications, or other authorizations, except for professional licenses, issued by the Department of Environmental Conservation or under 10 V.S.A. chapter 151.

(b) Determining project scope. An applicant for any permit, certification, or other authorization, except for a professional license, issued by the Department of Environmental Conservation or a District Environmental Commission may request to engage in a project scoping process. If a project scoping request is made, the Department of Environmental Conservation and, if appropriate, the District Coordinator shall prepare a project review sheet based on information submitted by the applicant. The project review sheet shall indicate:

(1) a brief description of the project and all permits necessary for the project;

(2) whether a land use permit is required by 10 V.S.A. chapter 151; and

(3) a project identification number assigned by the Secretary, for use on all applications, notices, permits, and decisions issued by the Secretary.

(c) Project review sheet. The project review sheet shall be prepared based on the information submitted by the project applicant. If, based on supplemental information, or for other good cause, the Secretary determines that a project will require other permits or the District Coordinator determines that a land use permit under chapter 151 of this title is required, notwithstanding the fact that the permit requirement did not appear on the initial project review sheet, the project review sheet shall be amended. Any failure by the applicant, Secretary, or a District Coordinator to identify on the project review sheet a required permit or authorization issued by the Secretary, or a land use permit issued under 10 V.S.A. chapter 151, shall not constitute a waiver of jurisdiction.

(d) Project scoping meeting. If the applicant elects to initiate a project scoping process upon completion of the project review sheet or submittal of the first permit application at either the local or State level, the applicant shall schedule a project scoping meeting.

(e) Notice of project scoping meeting. The applicant shall notice the proposed project scoping meeting, at least 30 days prior to the date of the meeting, by sending a copy of the project review sheet by first-class mail, postage prepaid, to each of the following: the owner of the land where the project is located if the applicant is not the owner; the municipality in which the project is located; the Municipal and Regional Planning Commissions for any municipality in which the project is located; if the project site is located on a boundary, any Vermont municipality adjacent to that boundary and the Municipal and Regional Planning Commissions for that municipality; any state agency identified on the project scoping sheet as being affected by the project; and all adjoining landowners and residents. In addition, the applicant shall ensure that this notice is published in a newspaper of general circulation in the area of the proposed project. The applicant shall furnish by affidavit to the Secretary the names of those furnished notice.

(f) Project scoping meeting. The applicant or a representative of the applicant shall be present at the meeting. The following persons should be present at the scoping meeting: the Secretary or the Secretary's designee; the District Coordinator, if the proposed project will require a land use permit under 10 V.S.A chapter 151; and a representative of a local permitting authority or a member of the selectboard of the town in which the project is located, if no local permitting authority exists. No person who is to participate as a decision maker on a municipal panel that will consider an application related to the project that is subject of the scoping meeting may act as a municipal representative under this subsection. At the meeting, the applicant or a representative of the applicant shall present a description of the proposed project and be available for questions from the public concerning the proposed project. The purpose of the meeting shall be to provide public information and increase notice about the project, allow discussion of the proposed project, and identify potential issues at the beginning of the project review process. The applicant shall provide copies of the project review sheet to persons attending the meeting.
3APPENDIX V.S.A. § 55 — VT Code / Title 3APPENDIX / Chapter 29 / Section 55
§ 29-55. Exec. Order No. 29-55 (No. 06-18) [Transfer of Property in the Town of Cambridge from Vermont Agency of Transportation to the Vermont Agency of Natural Resources]
Status: in_force

WHEREAS, certain land located in the Town of Cambridge, County of Lamoille, and State of Vermont, as more particularly described herein (“the Property,”) is presently under the jurisdiction and control of the Vermont Agency of Transportation (“VTrans”) and is no longer necessary for VTrans purposes; and

WHEREAS, the Vermont Agency of Natural Resources, Department of Fish and Wildlife desires the transfer of the Property to better manage a significant stretch of the Lamoille River and a small developed site that provides access for non-motorized vessels and shore fishing opportunities, known as the Dorothy Smith Access Area.

NOW THEREFORE, I, Philip B. Scott, by virtue of the power vested in me as Governor of the State of Vermont, do hereby transfer and set over from the Vermont Agency of Transportation to the jurisdiction and control of the Vermont Agency of Natural Resources, Department of Fish and Wildlife for the aforesaid purpose, the Property being more particularly described as follows:

Being part of the same land and premises conveyed to the State of Vermont by the Warranty Deed of Ray C. and Hazel G. Perkins, dated November 5, 1958 and recorded in Book 42, Page 371 of the Town of Cambridge land records and being more particularly described as follows:

Beginning at a point believed to be in the property line between Ray C. and Hazel G. Perkins and land now or formerly of one M. Hawley, and in the easterly boundary of the present highway, Vermont Route 108, 1/2 rods from its centerline and 24.75 feet southeasterly at right angle from approximate survey station 19+31 of the established center line of Highway Project NRS 151, 1934; thence 880 feet, more or less, northeasterly and northerly in said easterly highway boundary to a point 30 feet easterly at right angle from survey station 28+00 of said established centerline; thence 20 feet, more or less, easterly to a point in the westerly bank of the Lamoille River, so-called, 50 feet easterly at right angle from survey station 28+00 of said established centerline; thence 1000 feet, more or less, southeasterly and southerly in said westerly river bank to a point believed to be in the property line between the aforesaid Perkins and Hawley, 80 feet southeasterly at right angle from approximate survey station 19+31 of said established centerline; thence 58 feet, more or less, northwesterly in said believed property line to the point of beginning.

This Executive Order shall take effect upon execution.

Dated August 17, 2018
3APPENDIX V.S.A. § 6 — VT Code / Title 3APPENDIX / Chapter 19 / Section 6
§ 19-6. Exec. Order No. 19-6 (No. 04-19) [Remove Portion of US Route 5 from Limited Access Facility]
Status: in_force

WHEREAS, a certain portion of the state-owned highway known as US Route 5 located in the Town of Putney, County of Windham and State of Vermont, described more particularly below, is presently under the jurisdiction and control of the Agency of Transportation (VTrans); and

WHEREAS, this certain portion of US Route 5 and land surrounding it as described below is located within the boundaries of a Limited Access Facility, as defined in 19 V.S.A Chapter 17; and

WHEREAS, in 19 V.S.A §1702 a Limited Access Facility is defined as a highway or street over, from, or to which owners, or occupants of abutting land, or any other person have no right, or easement, or only a limited right, or easement, of access, light, air, or view by reason of the fact that their property abuts upon the limited access facility or for any other reason; and

WHEREAS, an abutting landowner, Putney Landing Apartments, wishes to construct a drive for access, ingress and egress for its property to and from US Route 5 within this certain portion of US Route 5 that is currently within the afore-mentioned Limited Access Facility; and

WHEREAS, VTrans has determined that this certain portion of US Route 5 as described below is no longer necessary for Limited Access Facility purposes; and

WHEREAS, VTrans desires to change the boundaries of the Limited Access Facility right-of-way to reduce the Limited Access to allow the abutting landowner, Putney Landing Apartments, to build and have access to a drive in the normal US Route 5 right-of-way; and

WHEREAS, the current Limited Access Facility right-of-way ends at stations 466+00 RT and 465+42 LT; and

WHEREAS, with the change of boundaries, the new Limited Access Facility right-of-way end stations will be 463+00 RT and LT.

NOW THEREFORE, I, Philip B. Scott, by virtue of the power vested in me as Governor of the State of Vermont, do hereby change, amend and modify the boundaries of the Limited Access Facility right-of-way to remove real property from the Limited Access Facility, described as follows:

Being part of the same land and premises conveyed to the State of Vermont, by Condemnation Order for Transportation Project Brattleboro-Rockingham I 91-1 (8) dated June 5, 1959 and recorded in Book 35, Pages 156-170 of the Town of Putney land records and being more particularly described as follows;

Being a parcel of land, as shown on the plat entitled “State of Vermont Department of Highways Interstate Project in the towns of Brattleboro-Dummerston-Putney, The Clarkson Engineering Co., Inc, Consulting Engineers, Project No. I-91-1 (8) Sheet 67 of 530.”

Parcel A: Beginning at a point in the easterly boundary of the present highway State Aid Road No. 2, 460 feet distant southerly, radially from the approximate survey station 968+69 of the established centerline of Highway Project Brattleboro-Rockingham I 91-1 (8); thence 1375 feet, more or less, northerly in said easterly highway boundary to a point in the believed property line between Roman Catholic Diocese of Burlington, Vermont and Esther T. and Homer E. Barton to a point 47 feet distant easterly, radially from approximate side line survey station 465+90 of said established centerline; thence 32 feet, more or less, easterly in said believed property line to a point 80 feet distant easterly, radially from approximate side line survey station 466+00 of said established centerline; thence 472 feet, more or less, southerly to a point 155 feet distant easterly at right angle from approximate side line survey station 461+00 of said established centerline; thence 100 feet, more or less, southerly to a point 260 feet distant northerly, radially from approximate survey station 966+79 of said established centerline; thence 540 feet, more or less, easterly to a point in the believed property line between Roman Catholic Diocese of Burlington, Vermont and Windham College, 365 feet distant northerly, radially from approximate survey station 971+68 of the established centerline; thence 160 feet, more or less, southerly in said believed property line to a point 214 feet distant northerly, radially from approximate survey station 971+48 of said established centerline; thence 214 feet, more or less, easterly in said believed property line to a point 257 feet distant northerly, radially from approximate survey station 973+44 of said established centerline; thence 738 feet, more or less, southeasterly to a point in the center of Sacketts Brook and in the believed between Roman Catholic Diocese of Burlington, Vermont and Congregational Church Society of Putney, 250 feet distant northerly, radially from approximate survey station 980+73 of said established centerline; thence 1,045 feet, more or less, southerly in said believed property line and in the center of Sacketts Brook, aforesaid, to a point 319 feet distant southwesterly, radially from approximate survey station 983+32 of said established centerline; thence 175 feet, more or less, northwesterly to a point 20 feet distant southwesterly, radially from survey station 982+00 of said established centerline; thence 972 feet, more or less, northeasterly to a point 150 feet distant southerly, radially from survey station 972+24 of said established centerline, thence 217 feet, more or less, easterly to a point 150 distant southerly, radially from survey station 970+0 of said established centerline; thence 200 feet, more or less, southeasterly to a point 216 feet distant southerly, radially from survey station 968+00 of said established centerline; thence 40 feet, more or less, southwesterly to a point 250 feet distant southerly, radially from survey station 967+85 of said established centerline; thence 137 feet, more or less, southeasterly to a point 375 feet distant southerly, radially from survey station 968+50 of said established centerline; thence 90 feet, more or less, southerly to the point of beginning. Said parcel to contain 8.5 acres, more or less.

Parcel B: Beginning at a point in the westerly boundary of the present highway, State Aid Road No. 2, 68 feet distant westerly, radially from side line survey station 462+30 of said established centerline; thence 68 feet, more or less, northwesterly to a point 100 feet distant westerly, radially from survey station 462+87 of said established centerline; thence 255 feet, more or less, northerly to a point in the believed property line between Roman Catholic Diocese of Burlington, Vermont and land of State of Vermont, 77feet distant westerly radially from approximate side line survey station 465+32 of said established centerline; thence 44 feet, more or less, northeasterly in said believed property line to a point in the westerly boundary of the present highway, State Aid Road No.2, aforesaid, 34 feet distant westerly, radially from approximate side line survey station 465+42 of said established centerline; thence 322 feet, more or less, southerly in said westerly highway boundary to the point of beginning. Said parcel to contain 0.28 acre, more or less.

Dated July 9, 2019
3APPENDIX V.S.A. § 4 — VT Code / Title 3APPENDIX / Chapter 29 / Section 4
§ 29-4. Exec. Order No. 29-4 (No. 63-81) [Transfer of a Portion of Chimney Point State Park Land and Premises From Department of Forests, Parks and Recreation to Agency of Development and Community Affairs, Division for Hi]
Status: in_force

WHEREAS, it appears that certain lands and premises located in the Town of Addison, County of Addison, and State of Vermont owned by the State of Vermont, hereinafter described and presently under the jurisdiction and control of the Department of Forests, Parks and Recreation have become and are no longer necessary for purposes of the Department of Forests, Parks and Recreation; and

WHEREAS, the Agency of Development and Community Affairs, Division for Historic Preservation desires the use of said land and premises for its purposes,

NOW THEREFORE, I, Richard A. Snelling, by virtue of the powers vested in me as Governor of Vermont, do hereby transfer and set over from the Department of Forests, Parks and Recreation to the jurisdiction and control of the Agency of Development and Community Affairs, Division of Historic Preservation for its purposes, a portion of the Chimney Point State Park land and premises described as follows, to wit:

Beginning at the south corner of the land deeded by Millard F. Barnes and Mary H. A. Barnes to the Lake Champlain Bridge Commission and Interstate Commission by Warranty Deed dated September 5, 1928 and recorded in Volume 25 Page 120 of the Addison Land Records.

Said point being the low water mark of Lake Champlain and easterly at right angles 45 feet from the centerline of the Lake Champlain Bridge crossing from Chimney Point in Addison, Vermont to Crown Point, New York;

thence on a true bearing of N 29° 23′ E 980 feet to a concrete monument 45 feet at right angles from the centerline of the Lake Champlain bridge extended;

thence on a true bearing of N 12° 02′ W about 29 feet to the centerline of the highway which is Vermont Route #17;

thence easterly along the centerline of Vermont Route #17 309.5 feet to a point which bears N 40° E (magnetic 1981) 51.7 feet from a one inch iron pipe standing in an old wire fence;

thence S 40° W (magnetic 1981) 51.7 feet to said iron pipe;

thence continuing S 40° W across the meadow 519.04 feet to one inch iron pipe standing between the beach and the meadow;

thence continuing S 40° W across the beach at least 126 feet to the low water mark of Lake Champlain;

thence westerly along the low water mark of Lake Champlain to the place of beginning containing 4.6 acres more or less.

Included in this conveyance is the old tavern building, barn, small house, sheds and all other improvements.

Included herein is the right to use the land deeded to the Lake Champlain Bridge Commission and Interstate Commission by Millard F. and Mary H. A. Barnes, September 5, 1928. The conditions governing the use of this land are described in said deed as follows:

“The said Barnes and his successors and assigns (State of Vermont) shall have the right to use said land for his or their convenience and to prevent trespass thereon by others but such use and right shall not conflict with use or occupancy by said Bridge Commission, its successors or assigns nor be contrary to any rule or regulation made or to be made by said Commission, its successors or assigns, adopted for the proper management, control or protection of said bridge.”

The Department of Forests, Parks and Recreation shall have the right of access to its remaining lands through the herein transferred property along and from the proposed roadway to be constructed by the Division of Historic Preservation from Vermont Route #17. The width shall be 50 feet and the location acceptable to both parties.

Dated December 2, 1981.
3 V.S.A. § 3 — VT Code / Title 3 / Chapter 1 / Section 3
§ 3. Executive clerk and messenger
Status: in_force

At the beginning of his or her term, the Governor shall appoint an executive clerk and an executive messenger for the term of two years to serve him or her when the General Assembly is in session and may remove them at pleasure.
3 V.S.A. § 255 — VT Code / Title 3 / Chapter 11 / Section 255
§ 255. Term of officer appointed without advice and consent of Senate
Status: in_force

The term of an officer appointed by the Governor, without the advice and consent of the Senate, shall commence on the day when such appointee qualifies, and shall continue, where no other term is fixed by law, until March 1 of the next biennial year and until his successor is appointed and has qualified.
3 V.S.A. § 846 — VT Code / Title 3 / Chapter 25 / Section 846
§ 846. Remedies for procedural failures
Status: in_force

(a) The following shall prevent a rule from taking effect:

(1) failure to file with the Secretary of State;

(2) failure to file with the Legislative Committee on Administrative Rules;

(3) failure to file with the Interagency Committee on Administrative Rules; or

(4) failure to respond to an objection of the Legislative Committee on Administrative Rules as required in section 842 of this title.

(b) The following shall not affect the validity of a rule after its adoption:

(1) inadvertent failure to make required assurances relating to an incorporation by reference;

(2) amendment after public hearing of the text of a proposed rule in a manner that does not cause the published summary of the rule to become misleading or inadequate;

(3) failure to certify that all procedures required by this chapter have been satisfied;

(4) failure to meet the style requirements of section 833 of this title; or

(5) inadvertent failure to mail notice or copies of any rule.

(c) Failure to identify the creation or enlargement in scope of a Public Records Act exemption in accordance with subdivision 838(a)(15) or subsection 841(b) of this subchapter shall render invalid the provisions of the rule that create or enlarge the exemption.

(d) For other violations of this chapter, the Court may fashion appropriate relief.

(e) An action to contest the validity of a rule for noncompliance with any of the provisions of this chapter, other than those listed in subsections (a) and (c) of this section, must be commenced within one year after the effective date of the rule.
3APPENDIX V.S.A. § 94 — VT Code / Title 3APPENDIX / Chapter 3 / Section 94
§ 3-94. Exec. Order No. 3-94 (No. 06-21) [COVID-19 Post-Emergency Recovery Activities]
Status: in_force

I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont Chapter II, Section 20, the general powers set forth in 20 V.S.A. § 8 and 20 V.S.A. § 366 and having determined that the necessity of public service requires it, hereby order and direct the Adjutant General of Vermont to order into Active State Service, for the purpose of assisting and supporting the State of Vermont, in its efforts to respond to the conditions created or caused by COVID-19 in order to alleviate hardship and suffering of citizens and communities and in order to preserve the lives and property of the State, any and all units of the National Guard of the State of Vermont as he, in consultation with the Department of Public Safety/Vermont Emergency Management (DPS/VEM), may deem appropriate to carry out the purposes of this Order.

National Guard assistance is a direct result of the need for additional vaccination and other recovery services following the termination of the statewide COVID-19 Declaration of Emergency issued March 13, 2020 as amended and restated, and which expired by its terms June 15, 2021.

It is hereby FURTHER ORDERED:

1. State Agency Coordination. For purposes of continued operations for COVID-19 recovery, all agencies of the State shall use and employ state personnel, equipment and facilities or perform any and all activities consistent with the consensus and direction of the Vermont Department of Health (VDH) and DPS/VEM. Policy adoption or changes related to responding to or recovering from COVID-19 shall require approval of the Governor.

2. VDH Commissioner Oversight. With oversight provided by the Secretary of the Agency of Human Services (AHS), the Commissioner of VDH shall oversee COVID-19 related investigation and mitigation efforts for the duration of this Order. All local boards of health shall consult with and abide by the recommendations of the Commissioner of VDH prior to taking any action regarding isolation or quarantine of an individual(s). Town health officers shall work with and assist VDH as directed by the Commissioner of VDH. Changes in public health mitigation measures or requirements impacting the general population shall require approval of the Governor.

3. Non-Congregate Housing and Emergency Feeding Programs. While the COVID-19 Declaration of Emergency has expired, many of its impacts continue on economically disadvantaged Vermonters, especially women, children and minority populations. Effective as of March 1, 2020 state agencies statewide shall:

a. To the extent not already in place, and at the discretion of AHS, arrange for placement of current clients and vulnerable populations in alternative non-congregate housing solutions for the purpose of providing adequate social distancing as needed.

b. To the extent not already in place, implement a temporary voluntary quarantine and isolation program utilizing non-congregate solutions including hotels, motels, dormitories or other forms of non-congregate shelter for current clients and vulnerable populations for the purpose of providing adequate social distancing between all individuals who are reasonably believed to have been exposed to or infected with COVID-19, or recovering from COVID-19. To the extent they determine the need for non-congregate temporary housing to quarantine and temporarily isolate first responders including Department of Corrections personnel, health care workers and others critical to the COVID-19 response, such as critical infrastructure construction and maintenance, who are at reasonable risk of having been exposed to or are infected with COVID-19, or are recovering from COVID-19, and cannot return to their usual residence because of the risk of infecting other household members, provide alternative non-congregate housing to this population of first responders, health care workers and others critical to the COVID-19 response.

c. To the extent AHS determines there is a need to provide non-congregate housing to the general public for the purpose of minimizing the impact of outbreaks and exposure to COVID-19 among family units and vulnerable populations in the same household, such non-congregate housing shall be offered.

d. To the extent not already in place, and at the discretion of AHS, arrange for placement of current clients and vulnerable populations in alternative non-congregate housing solutions for the purpose of providing adequate social distancing as needed.

e. To the extent AHS determines there is a need, provide feeding programs to minimize the continuing impact of food insecurity among Vermonters affected by COVID-19.

4. Sale of Alcoholic Beverages for Off Premises Consumption. Effective through June 30, 2021, the Board of Liquor and Lottery and the local control commissioners shall authorize:

a. First- and third-class licensees to allow for take-out, curbside pickup and delivery of beverage alcohol, including spirit-based drinks and malt and vinous product accompanying food orders for off premises consumption.

b. Second- and fourth-class licensees to allow for delivery and curbside pickup of unopened containers of spirits, spirit-based product and malt and vinous product that the licensee is permitted to sell from its licensed location.

c. The permissible hours for delivery shall be from 10:00 a.m. until 11:00 p.m.

d. For deliveries, the licensee shall be able to travel from town to town or from place to place carrying orders for delivery of any alcohol product they are licensed to sell and authorized to deliver hereunder without a delivery permit, provided the following conditions are met:

i. The person making the delivery is at least 18 years of age and is certified to sell or serve alcohol by the Board.

ii. All deliveries shall be in person to a physical building or residence.

iii. Licensees shall maintain an inspectable log of all deliveries made and such log shall at a minimum include:

• Name of recipient and physical address in Vermont to where the product was delivered;

• How ID was verified;

• A signature of recipient at least twenty-one (21) years of age;

• Description of the product and quantity delivered;

• Time of delivery;

• The name of the employee making the delivery.

The Board of Liquor and Lottery and the local control commissioners shall facilitate the transition of other licensees who serve food, or who partner with entities who serve food who have undertaken take-out, curbside pickup and delivery of beverage alcohol, including spirit-based drinks and malt and vinous product accompanying food orders for off premise consumption, and shall not penalize any such licensee through June 30, 2021.

5. Authority of the Commissioner of VDH. For the purpose of clarity, if the Commissioner of VDH determines a COVID-19 outbreak has occurred and businesses and non-profit and government entities cannot safely operate or large groups cannot safely congregate in a way that does not threaten to overwhelm our hospitals and health care resources, he shall advise the Governor on what, if any, limited standards of operation and civilian mobility should be considered.

This Order shall take effect upon signing.

Dated June 15, 2021.
3 V.S.A. § 1203 — VT Code / Title 3 / Chapter 31 / Section 1203
§ 1203. Conflict of interest; appearance of conflict of interest
Status: repealed

(a) Conflict of interest; appearance of conflict of interest.

(1) In the public servant's official capacity, the public servant shall avoid any conflict of interest or the appearance of a conflict of interest. The appearance of a conflict shall be determined from the perspective of a reasonable individual with knowledge of the relevant facts.

(2) Except as otherwise provided in subsections (b) and (c) of this section, when confronted with a conflict of interest, a public servant shall recuse themselves from the matter and not take further action.

(3) [Repealed.]

(b) Course of action.

(1) Legislative Branch. A member of the General Assembly shall comply with Legislative Branch rules and policies regarding the course of action a public servant may take when confronted with a conflict of interest, or the appearance of a conflict of interest, that is related to core legislative functions or duties.

(2) Judicial Branch. A judicial officer shall comply with the Vermont Code of Judicial Conduct regarding the course of action a judicial officer may take when confronted with a conflict of interest, or the appearance of a conflict of interest, that falls under the Code of Judicial Conduct, including in situations where a conflict of interest, or the appearance of a conflict of interest, falls under both the Vermont Code of Judicial Conduct and the Code of Ethics.

(3) Government attorneys. A public servant who is a licensed attorney shall comply with the Vermont Rules of Professional Conduct regarding the course of action the attorney may take when confronted with a conflict of interest, or the appearance of a conflict of interest, that falls under the Vermont Rules of Professional Conduct, including situations where a conflict of interest, or the appearance of a conflict of interest, falls under both the Vermont Rules of Professional Conduct and the Code of Ethics.

(4) Public servants; other. Any public servant facing a conflict of interest not covered by subdivisions (1)–(3) of this subsection shall comply with requirements prescribed in this subdivision. Each time a public servant is confronted with a conflict of interest, other than that for which the public servant's action is solely ministerial or clerical, the public servant shall either make a public statement, which may consist of a statement made to the public servant's immediate supervisor, recusing themselves from the matter or, if the public servant chooses to proceed with the matter, prepare a written statement regarding the nature of the conflict. A public servant may request either guidance or an advisory opinion from the State Ethics Commission in making an initial determination whether a conflict of interest exists, or whether good cause to proceed exists as set forth in subsection (c) of this section. Once recused, a public servant shall not in any way participate in or act to influence a decision regarding the matter. If the public servant chooses to proceed with the matter, the public servant's prepared written statement shall:

(A) describe the matter requiring action;

(B) disclose the nature of the potential conflict or actual conflict of interest;

(C) explain why good cause, as set forth in subsection (c) of this section, exists so that the public servant can take action in the matter fairly, objectively, and in the public interest;

(D) include sufficient detail so that the matter may be understood by the public; and

(E) be filed in accordance with the policies and procedures set forth by the agency or entity governing the matter in question, including any requirement that the statement be made public.

(c) Good cause. As used in this section, “good cause to proceed” may include any of the following:

(1) the identified conflict or potential conflict is de minimis in nature;

(2) the conflict is amorphous, intangible, or otherwise speculative; or

(3) the public servant cannot legally or practically delegate the matter.

(d) Confidential information. Nothing in this section shall require a public servant to disclose confidential information or information that is otherwise privileged under law.
3APPENDIX V.S.A. § 3 — VT Code / Title 3APPENDIX / Chapter 30 / Section 3
§ 30-3. Exec. Order No. 30-3 (No. 09-94) [Declaration of Energy Emergency with Respect to Damaged PV20 Transmission Line]
Status: in_force

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.
3 V.S.A. § 1212 — VT Code / Title 3 / Chapter 31 / Section 1212
§ 1212. Commission members and Executive Director; annual disclosure
Status: in_force

(a) Annually, each member of the Commission and the Executive Director of the Commission shall file with the Executive Director a disclosure form that meets the requirements of and contains the information that Executive officers are required to disclose under section 1211 of this subchapter.

(b) A member and the Executive Director shall file their disclosures on or before January 15 of each year or, if the member or Executive Director is appointed after January 15, within 10 days after that appointment.
3 V.S.A. § 973 — VT Code / Title 3 / Chapter 27 / Section 973
§ 973. Protected activity
Status: in_force

(a) A State agency, department, appointing authority, official, or employee shall not engage in retaliatory action against a State employee because the State employee refuses to comply with an illegal order or engages in any of the following:

(1) providing to a public body a good faith report or good faith testimony that alleges an entity of State government, a State employee or official, or a person providing services to the State under contract has engaged in a violation of law or in waste, fraud, abuse of authority, or a threat to the health of employees, the public, or persons under the care of the State; or

(2) assisting or participating in a proceeding to enforce the provisions of this subchapter.

(b) No State agency, department, appointing authority, official, or employee shall attempt to restrict or interfere with, in any manner, a State employee's ability to engage in any of the protected activity described in subsection (a) of this section.

(c) No State agency, department, appointing authority, or manager shall require any State employee to discuss or disclose his or her testimony, or intended testimony, prior to an employee's appearance to testify before the General Assembly if he or she is not testifying on behalf of an entity of State government.

(d) No employee may divulge information that is confidential under State or federal law. An act by which an employee divulges such information shall not be considered protected activity under this section.

(e) In order to establish a claim of retaliation based upon the refusal to follow an illegal order, the employee shall assert at the time of the refusal his or her good faith and reasonable belief that the order is illegal.
3APPENDIX V.S.A. § 47 — VT Code / Title 3APPENDIX / Chapter 10 / Section 47
§ 10-47. Exec. Order No. 10-47 (No. 08-19) [Brownfields Economic Revitalization Alliance Program]
Status: in_force

WHEREAS, Vermont's workforce has declined significantly since the great recession with fewer Vermonters working or looking for work while employers struggle to fill good jobs; and

WHEREAS, a majority of Vermont's counties have not returned to pre-recession employment levels; and

WHEREAS, we must do more to ensure that all of Vermont's villages, towns, cities and counties have the tools to strengthen their communities and expand economic opportunity; and

WHEREAS, economic and community development is a high priority for Vermont's municipalities, employers and Vermonters; and

WHEREAS, Vermont has a number of abandoned, idled and underused industrial and commercial sites and facilities where redevelopment is difficult because of contamination (referred to as brownfields); and

WHEREAS, developers report complicated issues involved in brownfield redevelopment projects in areas where development priorities exist (i.e. designated downtowns) — including State and federal regulations and permitting requirements overseen by multiple agencies, in addition to liability, lender requirements and other legal concerns — make them more expensive and complex to pursue and develop; and

WHEREAS, the Brownfields Economic Revitalization Alliance or “BERA” has successfully utilized technical support and funding from the U.S. Environmental Protection Agency (EPA) for all of its pilot projects to date; and

WHEREAS, the EPA recognizes the importance of BERA and continues to provide technical support and funding for BERA pilot projects; and

WHEREAS, the BERA serves an essential function in coordinating and prioritizing the deployment of State and federal resources to assist and guide developers of properties facing environmental and permitting challenges in evaluating, planning, and mitigating hazards; and

WHEREAS, for Vermont to expand its economy and attract employers, the Governor has identified the need for a coordinated, predictable and transparent process for brownfield redevelopment projects while also protecting public health, safety and the environment; and

WHEREAS, in order to ensure effective and efficient planning related to hazard and environmental mitigation and permitting related to brownfields redevelopment there is a need for a “one-stop-shop” to assist landowners and developers with accessing State and federal resources, navigating regulations and permitting requirements and planning and coordinating the redevelopment of these properties on behalf of the people of Vermont.

NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority vested in me as Governor do hereby formally constitute the Brownfields Economic Revitalization Alliance (“BERA”) Program, to coordinate, utilize and deploy all available federal, State, private sector and volunteer and non-governmental agency resources, including funding, in the remediation, permitting and redevelopment coordination of BERA Program designated properties as follows:

I. BERA Program Governance.

The BERA Program Executive Committee shall receive, review and act on recommendations from the BERA Working Group to designate new BERA Program projects and review progress on existing BERA Program projects as needed, but not less frequently than semi-annually.

The BERA Program Executive Committee shall consist of three tiers of members, as follows:

1. Secretary of the Agency of Commerce and Community Development (ACCD), the Agency of Natural Resources (ANR) and the Agency of Transportation (AOT).

2. Not more than 12 non-governmental members appointed by the Governor, to include leaders in community planning, environmental remediation, economic development and finance, housing and commercial real estate.

3. State program members to be identified by the BERA Program Executive Committee, to include program staff from ACCD, AOT, the Department of Environmental Conservation, the Department of Health and the Governor's Office.

The BERA Program Executive Committee shall be chaired by the designated representative of the Department of Environmental Conservation Brownfields Program.

The BERA Program Executive Committee may, in its discretion, consult with federal government representatives, private sector professionals and volunteer and non-governmental organizations for information and advice on best practices.

The BERA Program Executive Committee shall provide an annual report to the Governor on the status of the Coordinated Project Plans.

II. BERA Working Groups Charge and Process.

The BERA Program Executive Committee shall, with respect to each designated redevelopment project, establish BERA Working Groups to support the BERA Program's mission, drawing membership from any agency or department of State government to participate in and coordinate planning, permitting and remediation activities as part of each brownfield redevelopment project. Any conflicts resulting from these cross-agency designations shall be resolved by the Governor's Director of Affordability and Economic Growth Initiatives.

A BERA Working Group shall meet at the call of the BERA Program Executive Committee Chair as needed but not less frequently than quarterly, and consist of program staff from ANR, ACCD and AOT. The focus of BERA Working Groups shall be to identify BERA Project Team members and coordinate site characterization and project permitting and prioritize State and federal funding for remediation and redevelopment activities.

The BERA Working Groups shall update the BERA Program Executive Committee on each Coordinated Project Plan not less than semi-annually to ensure each identified State governmental participant fulfills and executes its respective responsibilities outlined in the Plan.

III. BERA Project Teams.

A BERA Working Group shall designate a “Project Team” for each BERA Project to consist of stakeholders for that project such as State, federal, regional and local entities that can facilitate the successful completion of the designated redevelopment project.

• Single Point of Contact: The BERA Executive Committee Chair shall appoint a State BERA Project Team Lead from each BERA Working Group dedicated to be the point of contact for a BERA Project Team. The BERA Project Team Lead shall address concerns related to the designated redevelopment project as well as challenges associated with the implementation of the Coordinated Project Plan, including coordination with the federal and State agencies responsible for resources, regulation and permitting and work with other relevant cooperating federal, State and local agencies, private sector professionals and interested third parties as needed.

• Coordinated Project Plan: Each BERA Project Team Lead shall develop a Coordinated Project Plan (Plan) at the start of each redevelopment project. The Plan shall: 1) list the roles and responsibilities for all entities to provide resources, perform environmental reviews or grant authorizations; 2) discuss a remediation strategy; 3) outline plans and a schedule for outreach, coordination and BERA project completion; 4) set a schedule for coordinated BERA Project Team meetings; 5) identify funding opportunities and gaps; and 6) identify the point at which the BERA project is “complete,” signifying the end of BERA Working Group and BERA Project Team involvement. Assignments within the Plan shall be based on functional capabilities and statutory responsibilities of each member of the BERA Project Team.

To make the Plan viable and fulfill the mission of the BERA Program, all State governmental participants must execute their assignments when called upon.

IV. Effective Date.

This Executive Order shall take effect upon execution and shall expire October 1, 2025, unless extended by the Governor [extended by Executive Order No. 06025 (codified as 10-51)].

Dated October 9, 2019
3APPENDIX V.S.A. § 69 — VT Code / Title 3APPENDIX / Chapter 3 / Section 69
§ 3-69. Exec. Order No. 3-69 (No. 07-15) [Health in All Policies Task Force]
Status: in_force

WHEREAS, the health and well-being of all Vermonters is critical for a prosperous and sustainable state;

WHEREAS, integrating consideration of health impacts into a variety of state policies, including those related to air and water quality, natural resources and agricultural land, housing, infrastructure, public health, sustainable communities, and climate change can benefit Vermonters' quality of life and economic prosperity;

WHEREAS, such policies influence the adoption of healthy lifestyles by making it more or less difficult for individuals to choose behaviors that promote or diminish health;

WHEREAS, largely avoidable chronic illnesses are a growing burden for the State and its people, and negatively affect Vermonters' productivity, quality of life, life expectancy, and health care costs;

WHEREAS, health is an outcome of a wide range of factors, many of which lie outside the activities of the health sector and require a shared responsibility and an integrated and sustained policy response across government; and

WHEREAS, to improve health outcomes now and in the future, agencies should collaborate with each other to ensure that health is considered when policies are developed.

NOW, THEREFORE, BE IT RESOLVED I, Peter E. Shumlin, by virtue of the power vested in me as Governor of the State of Vermont, do hereby establish the Health in All Policies (HiAP) Task Force.

I. Composition and Charge.

The Health in All Policies (HiAP) Task Force will identify strategies to more fully integrate health considerations into all state programs and policies, and promote better health outcomes through interagency collaboration and partnership.

The Task Force shall be Chaired by the Commissioner of Health and staffed by the Department of Health (DOH), and shall work with representatives from the following agencies and departments:

1. Agency of Administration

2. Agency of Agriculture

3. Agency of Commerce and Community Development

4. Agency of Education

5. Agency of Human Services

6. Agency of Natural Resources

7. Agency of Transportation

8. Public Service Department

9. Department of Health

In addition, the Task Force may seek members from any other entity identified by the Task Force, including but not limited to the Public Service Board, the Natural Resources Board, the Vermont Housing and Conservation Board, and the Vermont Housing Finance Board.

The Task Force shall meet at the call of the Chair.

By January 15, 2016, and thereafter annually, the Task Force will report to the Governor on:

1. Potential opportunities to include health criteria in regulatory, programmatic and budgetary decisions;

2. Promising practices in other jurisdictions to identify opportunities for innovation and coordination across sectors that include consideration of potential positive and negative health impacts of decisions; and

3. Evidence-based actions and policies to improve the wellness of state employees across state government, including healthy food procurement policies.

In consultation with the Task Force, DOH shall develop guidance, criteria and analytic tools to support all branches of government in assessing potential positive or negative health impacts when proposing new agency rules, budgetary changes, or major programmatic shifts.

Members of the HiAP Task Force will regularly report internally on their progress in embedding health impacts in their rulemaking, policies and programs. The Task Force may establish sub-committees and internal policies as necessary and appropriate to carry out its work.

II. Effective Date.

This Executive Order shall take effect upon signing.

Dated October 6, 2015
3 V.S.A. § 834 — VT Code / Title 3 / Chapter 25 / Section 834
§ 834. Periodic review of rules and forms
Status: in_force

(a) Upon written request to an agency by the Legislative Committee on Administrative Rules, a rule or part of a rule that has not been adopted, readopted, or substantially amended during the preceding six years shall expire one year from the date of the request. However, this section does not prevent the agency from adopting the same or a similar rule during that year.

(b) The Secretary of State shall review all forms used by agencies and affecting members of the public and shall make recommendations for their simplification and consolidation. Agencies shall provide the Secretary with information reasonably requested for this purpose. The recommendations shall be sent to the agencies concerned and to the Chairs of the Legislative Committee on Administrative Rules and of the Interagency Committee on Administrative Rules.