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2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 1 - Emergency Management › § 20. Immunities and defenses

§ 20. Immunities and defenses
(a) Except in the case of willful misconduct or gross negligence, the State; any of its agencies; State employees as defined in 3 V.S.A. § 1101; political subdivisions; local emergency planning committees; or an individual, partnership, association, or corporation involved in emergency management activities shall not be liable for the death of or any injury to persons or loss or damage to property resulting from an emergency management service or response activity, including the development of local emergency plans and the response to those plans. Nothing in this section shall exclude the State, its agencies, political subdivisions, or employees from the protections and rights provided in 12 V.S.A. chapter 189.
(b) Any individual, partnership, association, corporation, or facility that provides personnel, training, or equipment through an agreement with the local emergency planning committee, the State Emergency Response Commission, or local emergency response officials is immune from civil liability to the same extent provided in subsection (a) of this section for any act performed within the scope of the agreement. (Amended 1989, No. 252 (Adj. Sess.), § 17; 2005, No. 209 (Adj. Sess.), § 16; 2021, No. 105 (Adj. Sess.), § 372, eff. July 1, 2022.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 1 - Emergency Management › § 21. Compensation for injury or death

§ 21. Compensation for injury or death
A volunteer, as set forth in 3 V.S.A. § 1101(b)(4), shall be entitled to compensation as provided in Titles 21 and 29. (Amended 1981, No. 165 (Adj. Sess.), § 1; 1989, No. 252 (Adj. Sess.), § 18; 2005, No. 209 (Adj. Sess.), § 17.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 1 - Emergency Management › § 24. Penalties

§ 24. Penalties
Any person violating any provision of this chapter or any rule or order adopted pursuant to this chapter, which rule or order shall be filed with the Secretary of State, shall, upon conviction, be punishable by a fine not exceeding $500.00 or imprisonment not exceeding six months, or both. (Amended 2021, No. 105 (Adj. Sess.), § 373, eff. July 1, 2022.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 1 - Emergency Management › § 25. Matching funds

§ 25. Matching funds
To the extent of any appropriation available to carry out the purposes of this chapter, federal monies for emergency management within the State may be matched from such an appropriation. (Added 1959, No. 23, § 5, eff. March 6, 1959; amended 1989, No. 252 (Adj. Sess.), § 20; 2005, No. 209 (Adj. Sess.), § 19; 2021, No. 20, § 121.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 1 - Emergency Management › § 26. Change of venue because of enemy attack

§ 26. Change of venue because of enemy attack
In the event that the place where a civil action or a criminal prosecution is required by law to be brought has become and remains unsafe because of an attack upon the United States or Canada, such action or prosecution may be brought in or, if already pending, may be transferred to the Superior Court in an unaffected unit and there tried in the place provided by law for such court. (Added 1959, No. 23, § 7, eff. March 6, 1959; amended 1965, No. 194, § 10; 1973, No. 118, § 23, eff. Oct. 1, 1973; 1973, No. 193 (Adj. Sess.), § 3; 2009, No. 154 (Adj. Sess.), § 156.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 1 - Emergency Management › § 27. Auxiliary State Police

§ 27. Auxiliary State Police
For the purposes of emergency management, as the term is defined in section 2 of this title, the Commissioner of Public Safety may recruit and train for police duty citizens, including sheriffs, deputy sheriffs, constables, and police officers, from whom he or she may augment the State Police, in emergency functions, by employing such number of them, for such period and at such compensation as the Governor may fix, as auxiliary State Police, who shall take the oath prescribed for sheriffs and, while so employed, shall each wear a distinctive arm badge marked with the words “AUXILIARY STATE POLICE” and shall have the powers and immunities of the State Police as defined in section 1914 of this title. (Added 1959, No. 23, § 8, eff. March 6, 1959; amended 1989, No. 252 (Adj. Sess.), § 21.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 1 - Emergency Management › § 28. Emergency management medical program

§ 28. Emergency management medical program
The Department of Health is hereby directed, within the limits of appropriations and grants made to it, and in coordination with local, State, and federal emergency management officials, to plan, develop, and implement a comprehensive emergency management medical program to protect and assist the people of the State in an all-hazards event. (Added 1961, No. 151; amended 1989, No. 252 (Adj. Sess.), § 22; 2005, No. 209 (Adj. Sess.), § 20.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 1 - Emergency Management › § 29. Emergency shelters; no private liability

§ 29. Emergency shelters; no private liability
Any person owning or controlling premises who voluntarily and without compensation grants a license or privilege, or otherwise permits the designation or use of the whole or any part of such land and premises for the purpose of sheltering persons or animals or providing health-related services during a declared emergency or practice drill in cooperation with a federal, State, or political subdivision, shall, together with successors in interest, not be civilly liable for negligence causing the death of or injury to any person on or about the land and premises or for loss of or damage to the property of the person during a declared emergency or practice drill. (Added 1963, No. 67, eff. May 2, 1963; amended 2005, No. 209 (Adj. Sess.), § 21.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 1 - Emergency Management › § 30. State Emergency Response Commission; creation

§ 30. State Emergency Response Commission; creation
(a) The State Emergency Response Commission is created within the Department of Public Safety. The Commission shall consist of 17 members: eight ex officio members, including the Commissioner of Public Safety, the Secretary of Natural Resources, the Secretary of Transportation, the Commissioner of Health, the Secretary of Agriculture, Food and Markets, the Commissioner of Labor, the Director of Fire Safety, and the Director of Emergency Management, or designees; and nine public members, including a representative from each of the following: local government, the local emergency planning committee, a regional planning commission, the fire service, law enforcement, emergency medical service, a hospital, a transportation entity required under EPCRA to report chemicals to the State Emergency Response Commission, and another entity required to report extremely hazardous substances under EPCRA.
(b) The nine public members shall be appointed by the Governor for staggered three-year terms. The Governor shall appoint the Chair of the Commission.
(c) Members of the Commission, except State employees who are not otherwise compensated as part of their employment and who attend meetings, shall be entitled to a per diem and expenses as provided in 32 V.S.A. § 1010. (Added 1989, No. 252 (Adj. Sess.), § 23; amended 1993, No. 194 (Adj. Sess.), § 3, eff. June 14, 1994; 2003, No. 42, § 2, eff. May 27, 2003; 2005, No. 209 (Adj. Sess.), § 22; 2007, No. 47, § 16; 2021, No. 52, § 13.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 1 - Emergency Management › § 31. State Emergency Response Commission; duties

§ 31. State Emergency Response Commission; duties
(a) The Commission shall have authority to:
(1) Carry out all the requirements of a commission under the Emergency Planning and Community Right-To-Know Act, 42 U.S.C. §§ 11001-11050 (1986) (EPCRA).
(2) Adopt rules necessary for the implementation of EPCRA and for the reporting of hazardous chemicals or substances, including setting minimum limits on the level of hazardous chemicals to be reported.
(3) Designate and appoint local emergency planning committees.
(4) Review and comment on the development and implementation of local emergency plans by the local emergency planning committee and provide assistance to that committee in executing its duties.
(5) Review and comment on the comprehensive State Emergency Management Plan and the local emergency planning committee plans.
(6) Meet with interested parties, which may include representatives of the carrier industry shippers, and State and local agencies having an interest, responsibility, or expertise concerning hazardous materials.
(7) Ensure that a State plan will go into effect when an accident occurs involving the transportation of hazardous materials. The plan shall be exercised at least once annually and shall be coordinated with local and State emergency plans.
(8) Jointly adopt rules concerning reportable quantities of economic poison as defined in 6 V.S.A. § 911(5) with the Agency of Agriculture, Food and Markets. The Commission may enter into contracts with governmental agencies or private organizations to carry out the duties of this section.
(9) Recommend funding for awards to be made by the Commissioner for planning, training, exercises, and response capabilities from funds that are available from federal sources or through the Hazardous Substances Fund created in section 38 of this title. The Commission may create committees as necessary for other related purposes and delegate funding recommendation powers to those committees.
(b) The Department of Public Safety shall provide administrative support to the State Emergency Response Commission. (Added 1989, No. 252 (Adj. Sess.), § 24; amended 1993, No. 194 (Adj. Sess.), § 4, eff. June 14, 1994; 2003, No. 42, § 2, eff. May 27, 2003; 2005, No. 209 (Adj. Sess.), § 23; 2021, No. 52, § 14.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 1 - Emergency Management › § 32. Local emergency planning committees; creation; duties

§ 32. Local emergency planning committees; creation; duties
(a) One or more local emergency planning committees shall be appointed by the State Emergency Response Commission.
(b) All local emergency planning committees shall include representatives from the following: fire departments; local and regional emergency medical services; local, county, and State law enforcement; media; transportation; regional planning commissions; hospitals; industry; the Vermont National Guard; the Department of Health’s district office; and an animal rescue organization, and may include any other interested public or private individual or organization. Where the local emergency planning committee represents more than one region of the State, the Commission shall appoint representatives that are geographically diverse.
(c) A local emergency planning committee shall perform all the following duties:
(1) Carry out all the requirements of a committee pursuant to EPCRA, including preparing a local emergency planning committee plan. The plan shall be coordinated with the State emergency management plan and may be expanded to address all-hazards identified in the State emergency management plan. At a minimum, the local emergency planning committee plan shall include the following:
(A) Identifies facilities and transportation routes of extremely hazardous substances.
(B) Describes emergency response procedures, including those identified in facility plans.
(C) Designates a local emergency planning committee coordinator and facility coordinators to implement the plan.
(D) Outlines emergency notification procedures.
(E) Describes how to determine the probable affected area and population by releases of hazardous substances.
(F) Describes local emergency equipment and facilities and the persons responsible for them.
(G) Outlines evacuation plans.
(H) Provides for coordinated local training to ensure integration with the State emergency management plan.
(I) Provides methods and schedules for exercising emergency plans.
(2) Upon receipt by the committee or the committee’s designated community emergency coordinator of a notification of a release of a hazardous chemical or substance, ensure that the local emergency plan has been implemented.
(3) Consult and coordinate with the heads of local government emergency services, the emergency management director or designee, regional planning commissions, and the managers of all facilities within the jurisdiction regarding the facility plan.
(4) Review and evaluate requests for funding and other resources and advise the State Emergency Response Commission concerning disbursement of funds.
(5) Work to support the various emergency services, mutual aid systems, town governments, regional planning commissions, State agency district offices, and others in their area in conducting coordinated all-hazards emergency management activities. (Added 1989, No. 252 (Adj. Sess.), § 25; amended 2005, No. 209 (Adj. Sess.), § 24; 2021, No. 20, § 122; 2021, No. 52, § 15.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 1 - Emergency Management › § 33. Hazmat teams; team chiefs; creation

§ 33. Hazmat teams; team chiefs; creation
(a) The Department of Public Safety is authorized to create a State hazardous materials (HAZMAT) response team. The Commissioner shall appoint a HAZMAT team chief, consistent with rules adopted by the Department of Human Resources, to carry out the duties and responsibilities of the HAZMAT response team.
(b) The HAZMAT team chief shall perform all the following duties:
(1) organize a State HAZMAT response team to assist local emergency planning committees, fire chiefs, and other emergency management officials in response to hazardous chemical and substance (HAZMAT) incidents;
(2) hire persons for the HAZMAT team from fire, police, and emergency organizations and persons with specialty backgrounds in hazardous materials, and, with the approval of the Director of the Division of Fire Safety, appoint crew chiefs;
(3) negotiate with municipalities that maintain firefighting departments to secure appropriate facilities and personnel to house and maintain the response team’s vehicles and equipment and to provide drivers for the response vehicles;
(4) coordinate the acquisition and maintenance of adequate vehicles and equipment for the response teams;
(5) ensure that response team personnel are organized, trained, and exercised in accordance with the standards set by the Fire Service Training Council and the State Emergency Response Commission; and
(6) ensure that appropriate regional mutual aid agreements are created so that all firefighting departments within the region may participate with the regional HAZMAT response team.
(c) The State shall reimburse a municipality for the actual costs expended to cover the duties of a municipality’s employee who is an employee of the State HAZMAT team and who is requested to leave his or her employment at the municipality to respond to a HAZMAT incident or attend HAZMAT team training.
(d) The Department of Public Safety may employ as many State HAZMAT team responders as the Commissioner deems necessary as temporary State employees, who shall be compensated as such when authorized to respond to a HAZMAT incident or to attend HAZMAT training. State HAZMAT team responders, whenever acting as State agents in accordance with this section, shall be afforded all of the protections and immunities of State employees.
(e) The team chief and the crew chiefs, referred to in subdivision (b)(2) of this section, shall have the authority to accept the transfer of control of a hazardous material incident from the chief engineer or senior fire officer at a scene. (Added 1993, No. 194 (Adj. Sess.), § 5, eff. June 14, 1994; amended 1995, No. 115 (Adj. Sess.), §§ 2-4, eff. April 23, 1996; 1999, No. 148 (Adj. Sess.), § 78, eff. May 24, 2000; 2005, No. 209 (Adj. Sess.), § 25; 2021, No. 105 (Adj. Sess.), § 374, eff. July 1, 2022.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 1 - Emergency Management › § 34. Temporary housing for disaster victims

§ 34. Temporary housing for disaster victims
(a) Whenever the Governor has proclaimed a disaster emergency under the laws of this State, or the President has declared an emergency or a major disaster to exist in this State, the Governor is authorized:
(1) To enter into purchase, lease, or other arrangements with any agency of the United States for temporary housing units to be occupied by disaster victims and to make such units available to any political subdivision of the State.
(2) To assist any political subdivision of this State that is the locus of temporary housing for disaster victims to acquire sites necessary for the temporary housing and to do all things required to prepare the site to receive and utilize temporary housing units by:
(A) advancing or lending funds available to the Governor from any appropriation made by the General Assembly or from any other source,
(B) “passing through” funds made available by any agency, public or private, or
(C) becoming a co-partner with the political subdivision for the execution and performance of any temporary housing for disaster victims project and for such purposes to pledge the credit of the State on such terms as the Governor deems appropriate having due regard for current debt transactions of the State.
(b) Under rules adopted by the Governor, to temporarily suspend or modify for not more than 60 days any public health, safety, zoning, transportation (within or across the State), or other requirement of law or rules within Vermont when by proclamation the Governor deems the suspension or modification essential to provide temporary housing for disaster victims.
(c) Any political subdivision of this State is expressly authorized to acquire, temporarily or permanently, by purchase, lease, or otherwise, sites required for installation of temporary housing units for disaster victims, and to enter into whatever arrangements are necessary to prepare or equip such sites to utilize the housing units, including the purchase of temporary housing units and payment of transportation charges.
(d) The Governor is authorized to adopt rules as necessary to carry out the purposes of this chapter.
(e) Nothing in this chapter shall be construed to limit the Governor’s authority to apply for, administer, and expend any grants, gifts, or payments in aid of disaster prevention, preparedness, response, or recovery.
(f) As used in this chapter, “major disaster,” “emergency,” and “temporary housing” have the same meaning as in the Disaster Relief Act of 1974, P.L. 93-288. (Added 1975, No. 97, § 1, eff. April 30, 1975; amended 2021, No. 20, § 123.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 1 - Emergency Management › § 35. Community disaster loans

§ 35. Community disaster loans
Whenever, at the request of the Governor, the President has declared a “major disaster” to exist in this State, the Governor is authorized:
(1) upon the Governor’s determination that a local government of the State will suffer a substantial loss of tax and other revenues from a major disaster and has demonstrated a need for financial assistance to perform its governmental functions, to apply to the federal government, on behalf of the local government, for a loan and to receive and disburse the proceeds of any approved loan to any applicant local government;
(2) to determine the amount needed by any applicant local government to restore or resume its governmental functions and to certify the same to the federal government; provided, however, that no application amount shall exceed 25 percent of the annual operating budget of the applicant for the fiscal year in which the major disaster occurs; and
(3) to recommend to the federal government, based upon the Governor’s review, the cancellation of all or any part of repayment when, in the first three full fiscal year period following the major disaster, the revenues of the local government are insufficient to meet its operating expenses, including additional disaster-related expenses of a municipal operation character. (Added 1975, No. 97, § 2, eff. April 30, 1975; amended 2021, No. 105 (Adj. Sess.), § 375, eff. July 1, 2022.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 1 - Emergency Management › § 36. Debris and wreckage removal

§ 36. Debris and wreckage removal
(a) Whenever the Governor has declared a disaster emergency to exist under the laws of this State, or the President, at the request of the Governor, has declared a major disaster or emergency to exist in this State, the Governor is authorized:
(1) Notwithstanding any other provision of law, through the use of State departments or agencies, or the use of any of the State’s instrumentalities, to clear or remove from publicly or privately owned land or water, debris and wreckage that may threaten public health or safety, or public or private property, in any disaster emergency declared by the Governor or major disaster declared by the President.
(2) To accept funds from the federal government and utilize the funds to make grants to any local government for the purpose of removing debris or wreckage from publicly or privately owned land or water.
(b) Authority under this chapter shall not be exercised unless the affected local government, corporation, organization, or individual shall first present an unconditional authorization for removal of the debris or wreckage from public and private property and, in the case of removal of debris or wreckage from private property, shall first agree to indemnify the State government against any claim arising from such removal.
(c) Whenever the Governor provides for clearance of debris or wreckage pursuant to subsections (a) or (b) of this section, employees of the designated State agencies or individuals appointed by the State are authorized to enter upon private land or waters and perform any tasks necessary to the removal or clearance operation.
(d) Except in cases of willful misconduct, gross negligence, or bad faith, any State employee or agent complying with orders of the Governor and performing duties pursuant to the Governor’s orders under this chapter shall not be liable for death of or injury to persons or damage to property.
(e) The Governor is authorized to adopt rules to carry out the purposes of this chapter. (Added 1975, No. 97, § 3, eff. April 30, 1975; amended 2021, No. 20, § 124.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 1 - Emergency Management › § 37. State financial participation in grants to disaster victims

§ 37. State financial participation in grants to disaster victims
(a) Whenever the President, at the request of the Governor, has declared a major disaster to exist in this State, the Governor is authorized:
(1) Upon his or her determination that financial assistance is essential to meet disaster-related necessary expenses or serious needs of individuals or families adversely affected by a major disaster that cannot be otherwise adequately met from other means of assistance, to accept a grant by the federal government to fund such financial assistance, subject to such terms and conditions as may be imposed upon the grant.
(2) To enter into an agreement with the federal government, or any officer or agency of the federal government, under which the State is to participate in the funding of the financial assistance authorized in subdivision (1) of this subsection, in an amount not to exceed 25 percent of the amount of financial assistance and, if State funds are not otherwise available to the Governor, to accept an advance of the State share from the federal government to be repaid when the State is able to do so.
(b) Notwithstanding any other provision of law or regulation, the Governor is authorized to make financial grants to meet disaster-related necessary expenses or serious needs of individuals or families adversely affected by a major disaster that cannot otherwise adequately be met from other means of assistance, which shall not exceed $5,000.00 in the aggregate to an individual or family in any single major disaster declared by the President.
(c) The Governor shall adopt rules as necessary to carry out the purposes of this chapter, including standards of eligibility for persons applying for benefits; procedures for applying and administration; methods of investigation, filing, and approving applications; and formation of local or statewide boards to pass upon applications and procedures for appeals.
(d) Any person who fraudulently or willfully makes a misstatement of fact in connection with an application for financial assistance under this title shall, upon conviction of each offense, be subject to a fine of not more than $5,000.00 or imprisonment for not more than one year, or both. (Added 1975, No. 97, § 4, eff. April 30, 1975; amended 2021, No. 20, § 125.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 1 - Emergency Management › § 38. Special funds

§ 38. Special funds
There is created a Hazardous Chemical and Substance Emergency Response Fund that shall include all monies paid to the State pursuant to section 39 of this title. The Fund shall be managed pursuant to the provisions of 32 V.S.A. chapter 7, subchapter 5. The Fund shall be used to implement and administer this chapter, including planning, training, and response activities as well as the purchase of equipment and assisting local organizations referred to in section 6 of this chapter to develop emergency plans. Each local emergency planning committee shall receive an annual grant from the Commissioner of Public Safety. The annual total grant amount to be allocated to local emergency planning committees statewide shall not exceed $52,000.00, and the Commissioner shall divide the total annual grant amount equally among the local emergency planning committees. After disbursement of the funding and after consideration of the comments and evaluation received from the local emergency planning committee and the State Emergency Response Commission, the Commissioner of Public Safety at the Commissioner’s discretion may make additional grants from the Fund to any local emergency planning committee or regional emergency response commission as well as to any political subdivisions including any city, town, fire district, incorporated village and other incorporated entities in the State in accordance with rules adopted by the State Emergency Response Commission. Unless waived by the State Emergency Response Commission, grants shall be matched by local governments in the amount of 25 percent of the grant. The matching may be by contribution or by privately furnished funds or by in-kind services, space, or equipment that would otherwise be purchased by a local emergency planning committee. (Added 1989, No. 252 (Adj. Sess.), § 26; amended 1993, No. 194 (Adj. Sess.), § 6, eff. June 14, 1994; 1995, No. 178 (Adj. Sess.), § 425, eff. May 22, 1996; 1997, No. 59, § 5, eff. June 30, 1997; 1999, No. 49, § 206; 2001, No. 142 (Adj. Sess.), § 114; 2003, No. 66, §§ 97a, 97b; 2005, No. 209 (Adj. Sess.), § 26; 2005, No. 215 (Adj. Sess.), § 68b; 2007, No. 65, § 71a; 2007, No. 192 (Adj. Sess.), § 5.904; 2009, No. 33, § 41; 2021, No. 20, § 126; 2021, No. 52, § 16.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 1 - Emergency Management › § 39. Fees to the Hazardous Substances Fund

§ 39. Fees to the Hazardous Substances Fund
(a) Every person required to report the use or storage of hazardous chemicals or substances pursuant to EPCRA shall pay the following annual fees for each hazardous chemical or substance, as defined by the State Emergency Response Commission, that is present at the facility:
(1) $40.00 for quantities between 100 and 999 pounds.
(2) $60.00 for quantities between 1,000 and 9,999 pounds.
(3) $100.00 for quantities between 10,000 and 99,999 pounds.
(4) $290.00 for quantities between 100,000 and 999,999 pounds.
(5) $880.00 for quantities exceeding 999,999 pounds.
(6) An additional fee of $250.00 will be assessed for each extremely hazardous chemical or substance as defined in 42 U.S.C. § 11002.
(b) The fee shall be paid to the Commissioner of Public Safety and shall be deposited into the Hazardous Chemical and Substance Emergency Response Fund.
(c) The following are exempted from paying the fees required by this section but shall comply with the reporting requirements of this chapter:
(1) municipalities and other political subdivisions;
(2) State agencies;
(3) persons engaged in farming as defined in 10 V.S.A. § 6001; and
(4) nonprofit corporations.
(d) No person shall be required to pay a fee for a chemical or substance that has been determined to be an economic poison as defined in 6 V.S.A. § 911 or for a fertilizer or agricultural lime as defined in 6 V.S.A. § 363 and for which a registration or tonnage fee has been paid to the Agency of Agriculture, Food and Markets pursuant to 6 V.S.A. chapter 28 or 81.
(e) The State or any political subdivision, including any municipality, fire district, emergency medical service, or incorporated village, is authorized to recover any and all reasonable direct expenses incurred as a result of the response to and recovery of a hazardous chemical or substance incident from the person or persons responsible for the incident. All funds collected by the State under this subsection shall be deposited into the Hazardous Chemical and Substance Emergency Response Fund created pursuant to subsection 38(b) of this chapter. The Attorney General shall act on behalf of the State to recover these expenses. The State or political subdivision shall be awarded costs and reasonable attorney’s fees that are incurred as a result of exercising the provisions of this subsection. (Added 1989, No. 252 (Adj. Sess.), § 27; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1990; 1993, No. 194 (Adj. Sess.), §§ 7, 8, eff. June 14, 1994; 1999, No. 49, § 158; 2003, No. 42, § 2, eff. May 27, 2003; 2003, No. 163 (Adj. Sess.), § 27; 2005, No. 72, § 14; 2005, No. 209 (Adj. Sess.), § 27; 2007, No. 153 (Adj. Sess.), § 1; 2015, No. 149 (Adj. Sess.), § 36; 2021, No. 105 (Adj. Sess.), § 376, eff. July 1, 2022.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 1 - Emergency Management › § 40. Enforcement

§ 40. Enforcement
(a) The Department of Public Safety shall have authority to inspect the premises and records of any employer to ensure compliance with the provisions of this chapter and the rules adopted under this chapter.
(b) A person who violates any provision of this chapter or any rule adopted under this chapter shall be fined not more than $1,000.00 for each violation. Each day a violation continues shall be deemed to be a separate violation.
(c) The Attorney General may bring an action for injunctive relief in the Superior Court of the county in which a violation occurs to compel compliance with the provisions of this chapter. (Added 1993, No. 194 (Adj. Sess.), § 9, eff. June 14, 1994.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 1 - Emergency Management › § 45. Emergency relief and assistance

§ 45. Emergency relief and assistance
(a) If a state of emergency due to an all-hazards event is declared by the Governor, the Secretary of Administration may expend from the Emergency Relief and Assistance Fund such funds necessary to meet match requirements for federal grants.
(b) The Emergency Board established by 32 V.S.A. § 131 may authorize the Secretary of Administration to expend from the Emergency Relief and Assistance Fund an amount not to exceed $1,000,000.00 to avert an emergency natural or otherwise as identified by the Board and to expend from the Emergency Relief and Assistance Fund to award low-interest loans and grants to municipalities that sustain damage to public infrastructure as a result of a natural disaster and to persons whose homes, farms, or businesses are damaged by a natural disaster. Assistance under this subsection may supplement assistance provided through federal and local emergency assistance programs, but eligibility for federal or local assistance shall not be required for eligibility under this subsection.
(c) There is created an Emergency Relief and Assistance Fund to be administered by the Secretary of Administration as a special fund under the provisions of 32 V.S.A. chapter 7, subchapter 5. The Fund shall contain any amounts transferred or appropriated to it by the General Assembly.
(d) Funds utilized under this section shall be distributed in accordance with criteria and procedures established by rule by the Secretary of Administration.
(e) [Repealed.] (Added 1999, No. 62, § 272a; amended 1999, No. 152 (Adj. Sess.), § 278, eff. May 29, 2000; 2005, No. 209 (Adj. Sess.), § 28; 2005, No. 215 (Adj. Sess.), § 282; 2009, No. 33, § 83(i)(1).)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 1 - Emergency Management › § 46. Disaster Relief Workers Fund; health care providers; reimbursement

§ 46. Disaster Relief Workers Fund; health care providers; reimbursement
(a) The Disaster Relief Workers Fund is established in the State Treasury, and shall be managed in accordance with the provisions of 32 V.S.A. chapter 7, subchapter 5. The Fund is established for the purpose of providing pay reimbursement to employers of certain public or private health care providers who perform mental health disaster relief services.
(b) All monies received by or generated to the Fund shall be used to provide wage reimbursement to any public or private Vermont employer for disaster relief services rendered by its employee. The employee shall be a certified disaster relief service volunteer of the American Red Cross. Reimbursement shall be for not more than 14 days for performing disaster relief work pursuant to a request from the American Red Cross when:
(1) the work is performed in Vermont;
(2) the disaster is a federal or presidentially declared disaster designated as Level III or above, according to the American Red Cross rules and procedures; or
(3) the disaster is declared by the governor of a state or territory.
(c) The proceeds from grants, donations, contributions, and other sources of revenue, as provided by law, may be deposited in the Fund. Interest earned on the Fund and any balance remaining at the end of the fiscal year shall remain in the Fund. The Treasurer’s Office shall maintain records that indicate the amount of money in the Fund at any given time.
(d) The Commissioner of Finance and Management shall issue warrants for disbursement from the Fund only for the purposes described in subsection (b) of this section, and shall administer the Fund pursuant to an appropriation from the Fund by the General Assembly or authorization from the Emergency Board.
(e) For mental health care relief services, the Commissioner of Mental Health or a director of a regional mental health center may make timely applications to any and all appropriate federal or other grant programs that provide money for disaster relief or homeland security services, including the Crisis Counseling Training and Assistance Program. Any monies awarded from these sources for the purposes authorized in subsection (b) of this section shall be deposited into the Disaster Relief Workers Fund. The Commissioner of Mental Health shall supervise the administration of mental health care reimbursements under this section.
(f) Nothing in this section shall render an employer liable for damage, injury, or harm caused or sustained by an employee who performs disaster relief services and who is eligible for reimbursement under this section, whether or not reimbursement occurs. (Added 2001, No. 100 (Adj. Sess.), § 1; amended 2013, No. 96 (Adj. Sess.), § 120; 2021, No. 20, § 127.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 1 - Emergency Management › § 47. Municipal deadlines, plans, and licenses; extension

§ 47. Municipal deadlines, plans, and licenses; extension
(a) During a state of emergency declared under this chapter, a municipal corporation may:
(1) extend any statutory deadline applicable to municipal corporations, provided that the deadline does not relate to a license, permit, program, or plan issued or administered by the State or federal government; and
(2) extend or waive deadlines applicable to licenses, permits, programs, or plans that are issued by the municipal corporation.
(b) During a state of emergency declared under this chapter, any expiring license, permit, program, or plan issued by a municipal corporation that is due for renewal or review shall remain valid for 90 days after the date that the declared state of emergency ends. (Added 2021, No. 157 (Adj. Sess.), § 12, eff. July 1, 2022.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 4 - Emergency Management Assistance Compact › § 101. Emergency Management Assistance Compact; adoption

§ 101. Emergency Management Assistance Compact; adoption
The State of Vermont hereby adopts the Emergency Management Assistance Compact. The director of the Vermont emergency management services and the Vermont Adjutant General may adopt rules for procedures and practices necessary to implement Vermont’s entry into and participation in the Emergency Management Assistance Compact (EMAC). (Added 1999, No. 138 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 4 - Emergency Management Assistance Compact › § 102. Purpose; authority; definitions — Article I

§ 102. Purpose; authority; definitions — Article I
(a) The purpose of this Compact is to provide mutual aid and assistance among the party states for response to and management of any disaster or emergency declared by the Governor of any affected party state.
(b) This Compact also provides mutual cooperation among the party states in emergency-related training, exercises, testing, or any other activity related to preparation for an actual declared disaster or emergency. Mutual assistance under this Compact may include the use of the National Guard force of any party state, either in accordance with the National Guard Mutual Assistance Compact or by agreement between states.
(c) For the purposes of this agreement:
(1) “Disaster or emergency” means any occurrence that threatens the health, safety and well-being of the people of any state or region, whether due to natural or man-made disaster, technological hazard, effects of resource shortage, civil disorder, insurgency, or enemy attack.
(2) “Party state” means a state or jurisdiction that is an authorized participant in the Compact.
(3) “States” means the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all U.S. territorial possessions. (Added 1999, No. 138 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 4 - Emergency Management Assistance Compact › § 104. Limitations — Article III

§ 104. Limitations — Article III
(a) Any party state requested to render aid or conduct exercises under this Compact shall comply fully with the terms of this Compact; provided that the state rendering aid may withhold resources necessary to reasonably protect itself. Each party state shall confer on the emergency forces of a party state, rendering aid within the limits of the requesting party state, the same duties, rights, privileges and powers, except the power to arrest, unless specifically authorized by the receiving state, afforded the forces of the state in which emergency services are being provided. Emergency forces will be commanded and controlled by their regular leaders, but the organizational units will be subject to the operational control of the emergency services authorities of the state receiving aid. These conditions may be activated as needed, only during a declared disaster or emergency, or while exercises or training for mutual aid is in progress or the loaned resources remain in the receiving state, whichever is longer.
(b) A person from a party state rendering aid under this Compact who holds a license, certificate, or other permit issued by that party state indicating that the person is qualified in some professional, mechanical, or other skill, shall be deemed licensed, certified, or permitted in the state requesting aid to render aid related to the license certificate or permit for a declared emergency or disaster, subject to limitations and conditions prescribed by the governor of the requesting state. (Added 1999, No. 138 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 4 - Emergency Management Assistance Compact › § 105. Liability — Article IV

§ 105. Liability — Article IV
Officers or employees of a party state rendering aid in another state pursuant to this Compact shall be considered agents of the requesting state for the purposes of tort liability and immunity. No party state or its officers or employees rendering aid in another state pursuant to this Compact shall be liable for any act or omission performed in good faith while so engaged or in regard to the maintenance or use of any equipment or supplies in connection with rendering aid. Good faith does not include willful misconduct, gross negligence or reckless behavior. (Added 1999, No. 138 (Adj. Sess.), § 1; amended 2005, No. 209 (Adj. Sess.), § 29.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 4 - Emergency Management Assistance Compact › § 106. Supplementary agreements — Article V

§ 106. Supplementary agreements — Article V
This Compact shall not limit the right of any party states to enter into supplementary agreements with other party states, nor shall it limit or restrict any agreements presently in force. Supplementary agreements may include provisions for evacuation and reception of injured and misplaced persons, and the exchange of equipment and supplies and medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel. (Added 1999, No. 138 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 4 - Emergency Management Assistance Compact › § 107. Compensation — Article VI

§ 107. Compensation — Article VI
Each party state shall pay compensation and death benefits to injured members of their emergency forces and representatives of deceased members who are injured or killed while rendering aid pursuant to this Compact, in the same manner and on the same terms as if the injury or death occurred within the party’s own state. (Added 1999, No. 138 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 4 - Emergency Management Assistance Compact › § 108. Reimbursement — Article VII

§ 108. Reimbursement — Article VII
Upon request by a party state rendering aid in another party state pursuant to this Compact, the receiving state shall reimburse the state rendering aid for any loss, except losses pursuant to Article VI of this Compact, damage or expense incurred from operating any equipment or providing any services in response to a request for aid. A party state providing aid may assume in whole or in part any loss, damage, expense, or other cost experienced by them, or may loan equipment or donate services to the receiving party state without charge or cost. Two or more party states may enter into supplementary agreements establishing allocation of costs among those states. (Added 1999, No. 138 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 4 - Emergency Management Assistance Compact › § 109. Evacuation — Article VIII

§ 109. Evacuation — Article VIII
The party states and their emergency management services directors shall develop and implement a plan for the orderly evacuation and interstate transport of any civilian population dislocated by any disaster or emergency. The plan shall include the mode of transport, the number of evacuees that can be received at each location, a method for providing the evacuees with food, clothing, housing, medical care, registration, notification of relatives, and other related services. The plan shall also include a provision for the party state sending evacuees to reimburse the party state receiving for expenses incurred to receive and care for the evacuees, and to provide transportation, food, clothing, medical care and housing. The party state sending the evacuees shall be responsible for the return of the evacuees. (Added 1999, No. 138 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 4 - Emergency Management Assistance Compact › § 110. Implementation — Article IX

§ 110. Implementation — Article IX
(a) This Compact shall be effective upon enactment into law by any two states. The Compact shall be effective as to any other state upon enactment by that state.
(b) Any party state may withdraw from this Compact by repealing the law that enacted the Compact. A withdrawal shall be effective 30 days after the governor of the withdrawing state has given written notice of the withdrawal to the governors of all other party states. Withdrawal shall not relieve the withdrawing state from obligations incurred prior to the effective date of withdrawal.
(c) Authenticated copies of this Compact and any supplementary agreements shall, at the time of approval, be provided to all other party states, and the Federal Emergency Management Agency and any other appropriate governmental agency of the United States. (Added 1999, No. 138 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 4 - Emergency Management Assistance Compact › § 111. Validity — Article IX

§ 111. Validity — Article IX
If any provision of this Compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of this act and the applicability thereof to other persons and circumstances shall not be affected thereby. (Added 1999, No. 138 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 4 - Emergency Management Assistance Compact › § 112. Additional provisions — Article X

§ 112. Additional provisions — Article X
(a) Nothing in this Compact shall be construed to authorize or permit the use of military force by the National Guard of any state outside that state for a disaster or emergency for which the President of the United States is authorized to call federal forces into service, or for any purpose for which the use of the U.S. Army or Air Force would in the absence of express statutory authorization be prohibited under 18 U.S.C. § 1385.
(b) The director of the Vermont emergency management service shall be the authorized representative in regard to a request from a party state or by Vermont for aid that does not involve personnel or elements of the Vermont National Guard.
(c) The Adjutant General shall be the authorized representative for any requests from a party state or Vermont for aid involving the Vermont National Guard personnel or elements.
(d) The director of Vermont emergency management shall be responsible for handling any and all documents necessary to obtain reimbursement hereunder for services rendered to a requesting state, or within Vermont by another assisting state.
(e) If the Attorney General determines that the liability or tort protections of a party state are inferior to those afforded to emergency or military personnel in Vermont, the requesting party state shall indemnify and hold harmless Vermont personnel for any tort or other liability for their acts or omissions related to providing aid pursuant to this Compact in the requesting party state.
(f) This section and 20 V.S.A. § 81 shall be read and construed to complement and not conflict with existing interstate compacts regarding hazardous waste and nuclear incidents. (Added 1999, No. 138 (Adj. Sess.), § 1.)