reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 3 - Executive › Chapter 47 - Commerce and Community Development › § 2471a. The Vermont Business Registry

§ 2471a. The Vermont Business Registry
(a) The Department of Economic Development shall develop and maintain a Vermont Business Registry. The Registry shall develop a comprehensive database of information on Vermont businesses, including information on industrial classification, size (including employment size and annual revenues), ownership characteristics (including type of business entity, gender, race, nationality, incidence of low- and moderate-income ownership, and percent of the ownership with such characteristics), location, and export data. In developing the Registry, the Department shall affirmatively conduct outreach and request, but not require, information from all Vermont businesses.
(b) The Department shall design the Registry so that it is easily accessible to persons seeking information about Vermont businesses and to instrumentalities involved in Vermont’s economic development efforts, including the Vermont Economic Development Authority, Job Start, Vermont’s financial institutions, the regional development corporations, and the small business development centers. Such instrumentalities may use the Registry to ensure that they are providing a fair share of technical and financial assistance to the Vermont businesses that comprise their target market. Such instrumentalities may use the Registry’s demographic information to evaluate the appropriate types and distribution of public and private economic development services to Vermont businesses. (Added 1993, No. 89, § 19.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 47 - Commerce and Community Development › § 2471b. Government Marketing Assistance Center

§ 2471b. Government Marketing Assistance Center
(a) The Department of Economic Development shall create and administer a Government Marketing Assistance Center. The purpose of this Center shall be to provide information on federal, State, and municipal government contract opportunities and assistance on how to bid competitively for government contracts and to develop and maintain a database of federal, State, and municipal contracts.
(b) The Department of Economic Development may charge an annual fee of up to $50.00 from each person who accesses the Government Marketing Assistance Center database of federal, State, and local contracts.
(c) Fees collected under this section shall be credited to a special fund and shall be available to the Department of Economic Development for the purposes of maintaining databases that provide information to Vermont businesses and providing services associated with those databases. (Added 2003, No. 70 (Adj. Sess.), § 27, eff. March 1, 2004.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 47 - Commerce and Community Development › § 2472. Department of Housing and Community Development

§ 2472. Department of Housing and Community Development
(a) The Department of Housing and Community Development is created within the Agency of Commerce and Community Development. The Department shall:
(1) Be the central State agency to coordinate, consolidate, and operate, to the extent possible, all housing programs enacted hereafter by the General Assembly or created by executive order of the Governor.
(2) Be the central State agency for local and regional planning and coordination.
(3) Administer the Community Development Block Grant Program pursuant to 10 V.S.A. chapter 29. When awarding municipal planning grants prior to fiscal year 2012, the Department shall give priority to grants for downtowns, new town centers, growth centers, and Vermont neighborhoods.
(4) In partnership with the Division for Historic Preservation, direct, supervise, and administer the Vermont Downtown Program, and any other program designed to preserve the continued economic vitality of the State’s traditional commercial districts.
(5) In conjunction with the Vermont Housing Finance Agency, annually publish data and information to enable the public to determine income levels and costs for owner-occupied and rental housing to qualify as affordable housing, as defined in 24 V.S.A. § 4303 and 10 V.S.A. § 6001(29), including:
(A) the median income for each Vermont county, as defined by the U.S. Department of Housing and Urban Development;
(B) the standard metropolitan statistical area median income for each municipality located in such an area, as defined by the U.S. Department of Housing and Urban Development; and
(C) the statewide median income, as defined by the U.S. Department of Housing and Urban Development.
(b) Neither the Vermont State Housing Authority or the Vermont Housing Finance Agency shall be considered part of the Department, but shall keep the Department advised of programs and activities being conducted. (Added 1969, No. 271 (Adj. Sess.), § 8, eff. Jan. 10, 1971; amended 1991, No. 145 (Adj. Sess.), § 3; 1995, No. 46, § 25; 1995, No. 190 (Adj. Sess.), § 1(a); 2007, No. 176 (Adj. Sess.), § 22a, eff. May 28, 2008; 2015, No. 51, § D.2; 2017, No. 69, § H.7, eff. June 28, 2017.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 47 - Commerce and Community Development › § 2472a. Historic site markers program

§ 2472a. Historic site markers program
A program for the erection of historic site markers is created within the Agency of Commerce and Community Development and shall be administered by the State Historic Preservation Officer. The Preservation Officer shall oversee the erection, restoration, and maintenance of historic site markers. In performing these duties, the Preservation Officer shall consult with the Vermont Historical Society, the University of Vermont Historic Preservation Program, the Preservation Trust of Vermont, and other similar entities. (Added 1995, No. 185 (Adj. Sess.), § 4a, eff. May 22, 1996; amended 2009, No. 33, § 8.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 47 - Commerce and Community Development › § 2473. Division for Historic Preservation

§ 2473. Division for Historic Preservation
The Division for Historic Preservation is created within the Department of Housing and Community Development as the successor to and the continuation of the Board of Historic Sites and the Division of Historic Sites. (Added 1969, No. 271 (Adj. Sess.), § 9, eff. Jan. 10, 1971; amended 1975, No. 109, § 2; 1995, No. 190 (Adj. Sess.), § 3; 2015, No. 51, § D.2; 2017, No. 113 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 47 - Commerce and Community Development › § 2474. Administrative Services Division

§ 2474. Administrative Services Division
(a) The Administrative Services Division of the Agency is created. It shall be administered by a Director of Administrative Services who shall be in the classified service.
(b) The Administrative Services Division shall provide the following services to the Agency and all its components, including components assigned to it for administration:
(1) personnel administration;
(2) finance and accounting;
(3) coordination of filing and records maintenance activities;
(4) provision of facilities, office space, and equipment and the care thereof;
(5) requisitioning from the Department of Buildings and General Services of the Agency of Administration, of supplies, equipment, and other requirements;
(6) management improvement services; and
(7) other administrative service functions as may be assigned to it by the Secretary.
(c) Other provisions of law notwithstanding, all administrative service functions delegated to other components of the Agency shall be performed within the Agency by the Administrative Services Division. (Added 1969, No. 271 (Adj. Sess.), § 10, eff. Jan. 10, 1971; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 47 - Commerce and Community Development › § 2475. Vermont Center for Geographic Information

§ 2475. Vermont Center for Geographic Information
The Vermont Center for Geographic Information is created as a division within the Agency of Commerce and Community Development and shall be administered and have the duties as set forth in 10 V.S.A. chapter 8 (geographic information). (Added 2013, No. 179 (Adj. Sess.), § E.800.4.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 47 - Commerce and Community Development › § 2477. Rental Housing Advisory Board

§ 2477. Rental Housing Advisory Board
(a)(1) The Department of Housing and Community Development shall create the Rental Housing Advisory Board consisting of 11 members, each of whom shall be a resident of Vermont and shall be appointed by the Commissioner of the Department, as follows:
(A) three members representing landlords, one of whom is a for-profit landlord and one of whom represents a nonprofit housing provider;
(B) three members representing tenants;
(C) three members representing municipalities; and
(D) two members of the public.
(2) A member shall serve a term of three years.
(3) The Board shall annually elect a chair from among its members.
(4) A majority of the Board shall constitute a quorum for transacting business.
(5) The Board shall take action by a majority vote of the members present and voting.
(b) The Board shall be staffed by the Department, which, along with the Departments of Health and of Public Safety, shall provide support to the Board as required.
(c) The Board shall have the following powers and duties:
(1) to act as an advisory group to the Governor, General Assembly, and appropriate State agencies on issues related to rental housing statutes, policies, and regulations;
(2) to report regularly to the Vermont Housing Council on its deliberations and recommendations;
(3) to work with appropriate State agencies on developing adequate data on the location and condition of Vermont’s rental housing stock;
(4) to provide guidance to the State on the implementation of programs, policies, and regulations better to support decent, safe, and sanitary housing, including recommendations for incentives and programs to assist landlords with building repairs;
(5) to provide information to community partners, municipalities, landlords, and tenants, including educational materials on applicable rental housing statutes, regulations, and ordinances; and
(6) in preparation for a natural disaster, to collect information regarding available resources, disaster-related information, and community needs, and, in the event of a natural disaster, work with government authorities in charge of disaster response and communication. (Added 2017, No. 188 (Adj. Sess.), § 1, eff. May 28, 2018.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 47 - Commerce and Community Development › § 2501. Definitions

§ 2501. Definitions
As used in this subchapter, “Program” means the Market Vermont Program created by this subchapter. (Added, 1991, No. 182 (Adj. Sess.), § 1; amended 1995, No. 190 (Adj. Sess.), § 1(a); 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 47 - Commerce and Community Development › § 2502. Market Vermont Program

§ 2502. Market Vermont Program
The Market Vermont Program is hereby created. It shall be directed jointly by the Secretary of Agriculture, Food and Markets and by the Secretary of Commerce and Community Development. Notwithstanding 3 V.S.A. chapters 13 and 14 or any other contrary provision of law, the Secretary of Agriculture, Food and Markets and the Secretary of Commerce and Community Development shall have the authority to enter into one or more written contracts with persons or entities for the administration of the Program. Any such contract shall provide for the sufficient oversight, review, and control by the Secretary of Agriculture, Food and Markets and by the Secretary of Commerce and Community Development, or their designees, to ensure that the Program purposes are achieved. Where they deem it appropriate, the Secretary of Agriculture, Food and Markets and the Secretary of Commerce and Community Development may enter into a memorandum of understanding concerning the operation of the Program or concerning the contracting with persons or entities for the administration of the Program. The Secretary of Agriculture, Food and Markets and the Secretary of Commerce and Community Development issue rules to carry out the purposes of this subchapter. (Added 1991, No. 182 (Adj. Sess.), § 1; 2001, No. 63, § 224a.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 47 - Commerce and Community Development › § 2505. Market Vermont Fund

§ 2505. Market Vermont Fund
(a) The Market Vermont Fund is hereby established. The Fund shall comprise fees collected under section 2504 of this title and any monies appropriated by the General Assembly. The Fund shall be used for the administration and advertising of the Market Vermont program established by this chapter.
(b) The special fund created by subsection (a) of this section shall be organized and managed pursuant to 32 V.S.A. chapter 7, subchapter 5. (Added 1991, No. 182 (Adj. Sess.), § 1; amended 1997, No. 59, § 31, eff. June 30, 1997.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 47 - Commerce and Community Development › § 2506. Penalties

§ 2506. Penalties
Any person who uses the Market Vermont logo without authority, after it has been filed with the Secretary of State in accordance with section 2504 of this title, shall be deemed to have committed an unfair or deceptive act or practice within the meaning of 9 V.S.A. § 2453 and shall be subject to the penalties and injunctive authority provided in 9 V.S.A. chapter 63. (Added 1991, No. 182 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 47 - Commerce and Community Development › § 2510. Findings

§ 2510. Findings
The General Assembly finds that a number of programs and tax credits have been established which encourage the development of businesses and jobs in the State of Vermont. The General Assembly also finds that some beneficiaries leave this State before the State derives any benefit from the assistance. Therefore, it is the public policy of the State of Vermont to recapture any benefits that it has granted to any business if, within a qualified period after the benefit was bestowed, that business decides to leave the State or to otherwise curtail its activity to a point lower than represented when the benefit was granted. (Added 1993, No. 221 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 47 - Commerce and Community Development › § 2511. Definitions

§ 2511. Definitions
As used in this subchapter:
(1) “Benefit” means any abatement, loan, or grant awarded to the business as enumerated in subdivision (2) of this section.
(2) “Business” means any individual, partnership, corporation, or other entity that has been granted a tax abatement pursuant to the provisions of Title 24, or has been granted a loan or a grant by any board, commission, or program established under the provisions of Title 10 or 24, or under the provisions of this title.
(3) “Commissioner” means the Commissioner of Taxes.
(4) “Qualified period” means a period of five years after the initial grant of a benefit or a time period set forth in any agreement executed by the State subsequent to the effective date of this subchapter. (Added 1993, No. 221 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 47 - Commerce and Community Development › § 2512. Notice

§ 2512. Notice
(a) A business shall notify the agency or department which granted the benefit in writing within 60 days after the business closes or substantially curtails the operation of the trade or business within the qualified period.
(b) A business shall be considered to be substantially curtailed when the average number of full-time equivalent employees in any one calendar year is less than 50 percent of the highest average number of full-time equivalent employees in any prior year in the qualified period.
(c) A business shall not be considered to be substantially curtailed or closed when that business has relocated to another location within the State of Vermont or been sold but is still located within the State, provided that the employment test of subsection (b) of this section is met. (Added 1993, No. 221 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 47 - Commerce and Community Development › § 2513. Action on notice

§ 2513. Action on notice
(a) The agency or department shall notify the Commissioner of the amount of the benefit conferred to the business over the qualified period.
(b) The Commissioner shall:
(1) assess such amount of benefit conferred against the business or the successors in interest to that business; and
(2) notify the business or successor in interest of the assessment by certified mail within 30 days of receiving notice pursuant to subsection (a) of this section.
(c) The agency or department which granted the benefit shall:
(1) Provide a hearing within 30 days, if one is requested by the business within 15 days of assessment by the Commissioner. An aggrieved business may within 30 days appeal a determination by the agency or department to the Washington Superior Court or the Superior Court of the county of the place of business.
(2) Have the discretion to reduce the amount of the benefit which it requests the Commissioner to assess, upon showing of good cause.
(d)(1) A business shall pay an assessment within 90 days of the date of assessment or 30 days after the final decision of the agency, department, or court as a result of a hearing pursuant to this subchapter.
(2) Assessments under this subsection shall bear interest from the date of assessment at the rate determined under 32 V.S.A. § 3108. (Added 1993, No. 221 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 47 - Commerce and Community Development › § 2514. Enforcement

§ 2514. Enforcement
(a) Any assessment made pursuant to this subchapter shall be a debt against the business, or the successors in interest who are not bona fide purchasers as that term is defined under the Uniform Commercial Code, 9A V.S.A., or the principles of the business, or the applicants who applied for the benefit, or the promisors or guarantors who acted as accommodation parties to facilitate the benefit.
(b) The Commissioner may file a security interest against the property of the business or person liable under subsection (a) of this section.
(c) The Commissioner may bring a civil action in Washington County Superior Court against any business or person set forth in subsection (a) of this section who fails to make payment by the date set forth in section 2513 of this title and may seek from the court penalties of no more than $10,000.00 if that business or person set forth in subsection (a) of this section has failed to provide the notice required under section 2512 of this title. (Added 1993, No. 221 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 47 - Commerce and Community Development › § 2515. Failure to give notice

§ 2515. Failure to give notice
If the agency or department finds that a business has failed to give notice pursuant to section 2512 of this title, it shall take action under section 2513 of this title as if the business had given notice. (Added 1993, No. 221 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 47 - Commerce and Community Development › § 2516. Contract provisions

§ 2516. Contract provisions
All contracts or grant awards conferring benefits to businesses after the effective date of this subchapter shall contain a provision notifying the business of the recapture provisions provided in this section and the qualified period for that business under that contract. (Added 1993, No. 221 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 49 - Education › § 2702. Secretary of Education

§ 2702. Secretary of Education
(a) With the advice and consent of the Senate, the Governor shall appoint a Secretary of Education from among no fewer than three candidates proposed by the State Board of Education. The Secretary shall serve at the pleasure of the Governor.
(b) The Secretary shall report directly to the Governor and shall be a member of the Governor’s Cabinet.
(c) At the time of appointment, the Secretary shall have expertise in education management and policy and demonstrated leadership and management abilities. (Added 2011, No. 98 (Adj. Sess.), § 1, eff. Jan. 1, 2013.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 51 - Natural Resources › § 2801. Definitions

§ 2801. Definitions
In this chapter the following words mean:
(1) Agency: The Agency of Natural Resources.
(2) Department: A major component of the Agency.
(3) Director: The head of a division or branch of the Agency.
(4) Division: A major component of a department or a technical or administrative support component of the Agency.
(5) Commissioner: The head of a department responsible to the Secretary for the administration of the department.
(6) Secretary: The head of the Agency, a member of the Governor’s Cabinet and responsible to the Governor for the administration of the Agency. (Added 1969, No. 246 (Adj. Sess.), § 1, eff. June 1, 1970; amended 1979, No. 159 (Adj. Sess.), § 1; 1987, No. 76, § 13.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 51 - Natural Resources › § 2802. Creation of Agency

§ 2802. Creation of Agency
(a) An Agency of Natural Resources is created consisting of the following:
(1) The Department of Fish and Wildlife.
(2) The Department of Forests, Parks and Recreation.
(A) The Division of Forests.
(B) The Division of Parks.
(C) The Division of Recreation.
(3) [Repealed.]
(4) The Board of Forests, Parks and Recreation.
(5) The Department of Environmental Conservation.
(6) The State Natural Resources Conservation Council.
(7) The Division of Geology and Mineral Resources.
(b) The Natural Resources Board is attached to the Agency for the purpose of receiving administrative support.
(c) The Agency will provide representation on the following compact commissions:
(1) The Interstate Commission on the Lake Champlain Basin.
(2) The New England Interstate Water Pollution Control Commission. (Added 1969, No. 246 (Adj. Sess.), § 2, eff. June 1, 1970; amended 1979, No. 159 (Adj. Sess.), § 2; 1981, No. 222 (Adj. Sess.), § 1; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1983, No. 193 (Adj. Sess.), § 9, eff. April 27, 1984; 1987, No. 76, § 14; 1989, No. 245 (Adj. Sess.), § 1; 2003, No. 115 (Adj. Sess.), § 3, eff. Jan. 31, 2005.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 51 - Natural Resources › § 2803. Advisory capacity

§ 2803. Advisory capacity
(a) All boards, committees, councils, activities, and departments which under this chapter are a part of the Agency shall be advisory only, except as hereinafter provided, and the powers and duties of such boards, committees, councils, activities, and departments, including administrative, policy making, rulemaking, and regulatory functions, shall vest in and be exercised by the Secretary of the Agency.
(b) Notwithstanding subsection (a) of this section or any other provision of this chapter, the Fish and Wildlife Board and the Natural Resources Board shall retain and exercise all powers and functions given to them by law which are of regulatory or quasi-judicial nature, including the power to adopt, amend, and repeal rules and regulations, to conduct hearings, to adjudicate controversies, and to issue and enforce orders, in the manner and to the extent to which those powers are given to those respective boards by law.
(c) [Repealed.] (Added 1969, No. 246 (Adj. Sess.), § 3, eff. June 1, 1970; amended 1971, No. 93, § 2, eff. April 22, 1971; 1971, No. 245 (Adj. Sess.), § 4, eff. April 6, 1972; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 2003, No. 115 (Adj. Sess.), § 4, eff. Jan. 31, 2005.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 51 - Natural Resources › § 2804. Personnel designation

§ 2804. Personnel designation
The Secretary, Deputy Secretary, commissioners, deputy commissioners, attorneys, and all members of boards, committees, commissions, or councils attached to the Agency for support are exempt from the classified State service. Except as authorized by section 311 of this title or otherwise by laws, all other positions shall be within the classified service. (Added 1969, No. 246 (Adj. Sess.), § 6(b), eff. June 1, 1970; amended 1993, No. 227 (Adj. Sess.), § 12.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 51 - Natural Resources › § 2805. Environmental Permit Fund

§ 2805. Environmental Permit Fund
(a) There is hereby established a special fund to be known as the Environmental Permit Fund. Within the Fund, there shall be two accounts: the Environmental Permit Account and the Air Pollution Control Account. Unless otherwise specified, fees collected in accordance with subsections 2822(i) and (j) of this title and 10 V.S.A. § 2625 and gifts and appropriations shall be deposited in the Environmental Permit Account. Fees collected in accordance with subsections 2822(j)(1), (k), and (m) of this title shall be deposited in the Air Pollution Control Account. The Environmental Permit Fund shall be used to implement the programs specified under section 2822 of this title. The Secretary of Natural Resources shall be responsible for the Fund and shall account for the revenues and expenditures of the Agency of Natural Resources. The Environmental Permit Fund shall be subject to the provisions of 32 V.S.A. chapter 7, subchapter 5. The Environmental Permit Fund shall be used to cover a portion of the costs of administering the Environmental Division established under 4 V.S.A. chapter 27. The amount of $143,000.00 per fiscal year shall be disbursed for this purpose.
(b) Any fee required to be collected under subdivision 2822(j)(1) of this title shall be utilized solely to cover all reasonable (direct or indirect) costs required to support the operating permit program authorized under 10 V.S.A. chapter 23. Any fee required to be collected under subsection 2822(k) or (m) of this title for air pollution control permits or registrations or motor vehicle registrations shall be utilized solely to cover all reasonable (direct or indirect) costs required to support the programs authorized under 10 V.S.A. chapter 23. Fees collected pursuant to subsections 2822(k) and (m) of this title shall be used by the Secretary to fund activities related to the Secretary’s hazardous or toxic contaminant monitoring programs and motor vehicle-related programs. (Added 1989, No. 279 (Adj. Sess.), § 1, eff. June 30, 1990; amended 1993, No. 92, § 8; 1995, No. 186 (Adj. Sess.), § 19, eff. May 22, 1996; 1997, No. 15, § 2, eff. May 6, 1997; 1997, No. 155 (Adj. Sess.), § 31; 2001, No. 65, § 22; 2003, No. 163 (Adj. Sess.), § 18; 2007, No. 65, § 397, eff. June 4, 2007; 2009, No. 154 (Adj. Sess.), § 236; 2011, No. 162 (Adj. Sess.), § E.700; 2015, No. 97 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 51 - Natural Resources › § 2806. Barnwell Potential Liability Fund

§ 2806. Barnwell Potential Liability Fund
(a) There is hereby created a Barnwell Potential Liability Fund in the State Treasury. The Fund shall be separately maintained and accounted for by the State Treasurer and administered by the Agency of Natural Resources. Expenditures from the Fund shall be made after obtaining approval of the Attorney General, for the purpose of paying:
(1) any final determinations of liability, or negotiated settlements, on the part of the State or of any agency, subdivision or entity of the State, arising out of activities under any interstate agreement, relating to the Southeast Compact Commission’s regional facility in Barnwell County, South Carolina, ratified, adopted or approved according to the requirements of Sec. 2 of Act No. 296 of the Acts of the 1989 Adjourned Session of the General Assembly, and
(2) any costs of the State or of any agency, subdivision or entity of the State, related to the process of determining liability or the process of arriving at a negotiated settlement.
(b) All interest earned by the Fund shall remain in the Fund and shall not revert to the general Fund.
(c) The Fund shall be in the form of cash sufficient to provide protection to the State in the amount of $50,000.00 in 1994 dollars. The monies shall be provided by no later than January 1, 2012, or six months prior to the time the largest generator ceases to exist, whichever comes first, by the generators of low-level radioactive waste who are authorized to use the Barnwell facility under the contract for access, approved by the General Assembly for the period from January 1, 1993 through June 30, 1994, in proportion to the amounts of waste to be disposed of at the facility during the term of the interstate agreement. If the Secretary determines that the level of protection provided under this section is not adequate, the Secretary shall make appropriate recommendations to the General Assembly. (Added 1993, No. 76, § 4.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 51 - Natural Resources › § 2808. Agency permits

§ 2808. Agency permits
This section shall apply to any permit, license, or certification that is issued by the Agency of Natural Resources, and that is listed as enforceable by the Secretary of Natural Resources under the Uniform Environmental Law Enforcement chapter, 10 V.S.A. chapter 201. With respect to permits, licenses, or certifications specified under this section, if the permit processing time limits established under subsection 2822(g) of this title are not met, the Secretary may allow the option of the applicant paying for an independent engineer approved by the Secretary to do the permitting analysis required for the Secretary to approve or deny the application. (Added 2001, No. 142 (Adj. Sess.), § 220.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 51 - Natural Resources › § 2810. Interim environmental media standards

§ 2810. Interim environmental media standards
The Secretary of Natural Resources may require any entity permitted by the Agency of Natural Resources to monitor the operation of a facility, discharge, emission, or release for any constituent for which the Department of Health has established a health advisory. The Secretary may impose conditions on a permitted entity based on the health advisory if the Secretary determines that the operation of the facility, discharge, emission, or release may result in an imminent and substantial endangerment to human health or the natural environment. The authority granted to the Secretary under this section shall last not longer than two years from the date the health advisory was adopted. (Added 2019, No. 21, § 7, eff. May 15, 2019.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 51 - Natural Resources › § 2821. Appointment and salary

§ 2821. Appointment and salary
(a) The Agency shall be under the direction and supervision of a Secretary, who shall be appointed by the Governor with the advice and consent of the Senate and shall serve at the pleasure of the Governor.
(b) [Repealed.] (Added 1969, No. 246 (Adj. Sess.), § 4(a), (c), eff. June 1, 1970; amended 1971, No. 191 (Adj. Sess.), § 16.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 51 - Natural Resources › § 2823. Executive assistants; vacancy

§ 2823. Executive assistants; vacancy
(a) The Secretary, with the approval of the Governor, may appoint, outside the classified service, an executive assistant to serve at his or her pleasure, or designate the same from within the classified personnel of the Agency. The executive assistant shall perform such duties as the Secretary prescribes.
(b) The Secretary, with the approval of the Governor, shall designate his or her executive assistant or a commissioner to act in the event of a vacancy or in his or her absence. The provisions of subsections 253(d) and (e) of this title shall apply. (Added 1969, No. 246 (Adj. Sess.), § 4(d), (g), eff. June 1, 1970; amended 1979, No. 159 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 51 - Natural Resources › § 2824. Transfer of personnel and appropriations

§ 2824. Transfer of personnel and appropriations
(a) The Secretary with the approval of the Governor, may transfer classified positions, excepting Department of Fish and Wildlife positions, between State departments and other components of the Agency, subject only to personnel laws and rules.
(b) The Secretary, with the approval of the Governor, may transfer appropriations or parts thereof between departments and other components in the Agency, consistent with the purposes for which the appropriations were made, excepting Fish and Wildlife Funds which shall remain separate and intact. (Added 1969, No. 246 (Adj. Sess.), § 4(e), (f), eff. June 1, 1970; amended 1983, No. 158 (Adj. Sess.), eff. April 13, 1984.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 51 - Natural Resources › § 2825. Duties of the Secretary

§ 2825. Duties of the Secretary
(a) The primary duties of the Secretary are to coordinate the activities of the various departments and divisions of the Agency for the proper development, management, and preservation of Vermont’s natural resources, to develop policies for the proper and beneficial development, management, and preservation of resources in harmony with the State comprehensive planning program and to promote the effective application of these policies by the departments and divisions affected.
(b) The Secretary, with approval of the Governor, may direct the Commissioner of Finance and Management to pay monies from the outdoor recreation land and water conservation fund to State agencies or to a municipality for recreational projects in accordance with the conditions of Public Law 88-578.
(c) The Secretary may enter into contracts and agreements with agencies of the United States and furnish to the agencies reports and information necessary to enable their officials to perform their duties under Public Law 88-578, and amendments thereto.
(d) The Secretary may delegate authorities and duties assigned to him or her by statute, for the purpose of administering 10 V.S.A. chapters 55 and 159 and 24 V.S.A. chapter 120.
(e) Before acquiring any interest in real property, the Secretary shall offer to the legislative body of the municipality in which the real property is located the opportunity to meet, during which meeting the Secretary or his or her designee shall describe the proposed acquisition and answer questions raised by town officials or the general public, including questions concerning the impact of the proposed acquisition on local tax revenues. The municipality may hold a nonbinding referendum on the proposed acquisition, either at the discretion of the legislative body of the municipality or upon petition signed by five percent of the legal voters of the municipality and presented to the legislative body. The Secretary shall consider the results of any such referendum in making a final decision on whether to acquire the property. (Added 1979, No. 159 (Adj. Sess.), § 11; amended 1983, No. 195 (Adj. Sess.), § 5(b); 1989, No. 276 (Adj. Sess.), § 29, eff. June 20, 1990; 2001, No. 149 (Adj. Sess.), § 84, eff. June 27, 2002.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 51 - Natural Resources › § 2826. Environmental notice bulletin; permit handbook

§ 2826. Environmental notice bulletin; permit handbook
(a) The Secretary shall establish an environmental notice bulletin, in order to provide for the timely public notification of permit applications, notices, comment periods, hearings, and permitting decisions. The bulletin shall consist of a website and an e-mail notification system. The Secretary shall ensure that the website for the bulletin is readily accessible from the Agency’s main web page.
(1) When 10 V.S.A. chapter 170 requires the posting of information to the bulletin, the Secretary shall post the information to the bulletin’s website.
(2) When 10 V.S.A. chapter 170 requires notice to persons through the environmental notice bulletin, the bulletin shall generate an e-mail notification to those persons containing the information required by that chapter.
(3) The Secretary shall provide members of the public the ability to register, through the bulletin, for a list of interested persons to receive e-mail notification of permit activity based on permit type, municipality, proximity to a specified address, or a combination of these characteristics.
(4) If an individual does not have an e-mail address, the individual may request to receive notifications through U.S. mail. On receipt of such a request, the Secretary shall mail to the individual the same information that the individual would have otherwise received through an e-mail generated by the bulletin.
(b) The Secretary shall publish a permit handbook that lists all of the permits required for the programs administered by the Department of Environmental Conservation. The handbook shall include examples of activities that require certain permits, an explanation in lay terms of each of the permitting programs involved, and the names, addresses, and telephone numbers of the person or persons to contact for further information for each of the permitting programs. The Secretary shall update the handbook periodically. (Added 1993, No. 232 (Adj. Sess.), § 23, eff. June 21, 1994; amended 2003, No. 115 (Adj. Sess.), § 5; 2015, No. 150 (Adj. Sess.), § 3, eff. Jan. 1, 2018.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 51 - Natural Resources › § 2851. Commissioners—Appointment; term

§ 2851. Commissioners—Appointment; term
The Secretary, with the approval of the Governor, shall appoint a commissioner of each department, who shall be the chief executive and administrative officer and head of the department and shall serve at the pleasure of the Secretary. The term of the commissioner shall be concurrent with that of the Secretary. (Added 1969, No. 246 (Adj. Sess.), § 5(a), eff. June 1, 1970.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 51 - Natural Resources › § 2852. Mandatory duties

§ 2852. Mandatory duties
(a) The commissioner shall, with approval of the Secretary determine the policies of the department, and may exercise the powers and shall perform the duties required for its effective administration.
(b) In addition to other duties imposed by law, the Commissioner shall:
(1) administer the laws assigned to the department;
(2) coordinate and integrate the work of the divisions;
(3) supervise and control all staff functions. (Added 1969, No. 246 (Adj. Sess.), § 5(b), (c), eff. June 1, 1970; amended 1979, No. 159 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 51 - Natural Resources › § 2853. Permissive duties; approval of Secretary

§ 2853. Permissive duties; approval of Secretary
The commissioner with the approval of the Secretary, may:
(1) Transfer appropriations or parts thereof within or between divisions and branches, consistent with the purposes for which the appropriations were made.
(2) Transfer classified positions within or between divisions subject only to State personnel laws and regulations.
(3) Cooperate with the appropriate federal agencies and administer federal funds in support of programs within the department.
(4) Submit plans and reports, and in other respects comply with federal law and regulations which pertain to programs administered by the department.
(5) Make regulations consistent with law for the internal administration of the department and its programs.
(6) Appoint a deputy commissioner. The provisions of subsections 253(d) and (e) of this title shall apply.
(7) Create such advisory councils or committees as he or she deems necessary within the department, and appoint their members, for a term not exceeding his or hers.
(8) Provide training and instruction for any employees of the department, at the expense of the department, in educational institutions or other places.
(9) Organize, reorganize, transfer, or abolish divisions, staff functions, or sections within the department. This authority shall not extend to divisions or other bodies created by law. (Added 1969, No. 246 (Adj. Sess.), § 5(d), eff. June 1, 1970.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 51 - Natural Resources › § 2854. Directors

§ 2854. Directors
(a) A director shall administer each division within the Agency. The commissioners, with the approval of the Secretary, shall appoint the directors for divisions which are part of a department, and the Secretary shall appoint any other directors. All directors shall be appointed subject to the provisions of section 15 of this act.
(b) Each division and its officers shall be under the direction and control of the commissioner or the Secretary, except with regard to judicial or quasi-judicial acts or duties vested in them by law.
(c) No regulation may be issued by a director of a division without the approval of the commissioner or his or her designee and the Secretary. (Added 1969, No. 246 (Adj. Sess.), § 6(a), (c), (d), eff. June 1, 1970; amended 1979, No. 159 (Adj. Sess.), § 6.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 51 - Natural Resources › § 2871. Department of Fish and Wildlife

§ 2871. Department of Fish and Wildlife
The Department of Fish and Wildlife is reconstituted within the Agency of Natural Resources as the successor to and the continuation of the Department of Fish and Wildlife. Fish and wildlife funds shall be used only for the purposes of the Department. (Added 1969, No. 246 (Adj. Sess.), § 7, eff. June 1, 1970; amended 1983, No. 158 (Adj. Sess.), eff. April 3, 1984; 1987, No. 76, § 18.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 51 - Natural Resources › § 2872. Department of Forests, Parks and Recreation

§ 2872. Department of Forests, Parks and Recreation
The Department of Forests, Parks and Recreation is reconstituted within the Agency of Natural Resources as the successor to and the continuation of the Department of Forests and Parks and the Division of Recreation; including the Board of Forests, Parks and Recreation with jurisdiction over Camel’s Hump Forest Reserve Commission, Northeast Forest Fire Protection Commission, and the Forest Resource Advisory Council. (Added 1969, No. 246 (Adj. Sess.), § 8, eff. June 1, 1970; amended 1979, No. 159 (Adj. Sess.), § 7; 1987, No. 76, § 18.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 51 - Natural Resources › § 2873. Department of Environmental Conservation

§ 2873. Department of Environmental Conservation
(a) The Department of Environmental Conservation is created within the Agency of Natural Resources. The Department is the successor to and continuation of the Department of Water Resources and Environmental Engineering and shall administer the Water Resources Programs contained in Title 10, air pollution control and abatement as provided in 10 V.S.A. chapter 23, and waste disposal as provided in 10 V.S.A. chapter 159.
(b) The Department may perform design and construction supervision services for major maintenance and capital construction projects for the Agency and all of its components.
(c) [Repealed.]
(d) Nothing in this section shall prevent the Commissioner of Public Safety from exercising the Commissioner’s authority to regulate public buildings.
(e), (f) [Repealed.]
(g) There is created within the Department of Environmental Conservation the Small Business Technical and Environmental Compliance Assistance Program. This Program shall include each element specified in section 507(a) of the federal Clean Air Act (42 U.S.C. § 7401 et seq.) and shall also be authorized to assist small businesses in similar fashion with regard to their obligations under all other environmental legislation administered by the Department.
(h) [Repealed.] (Added 1969, No. 246 (Adj. Sess.), § 11, eff. June 1, 1970; amended 1979, No. 159 (Adj. Sess.), § 8; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1983, No. 193 (Adj. Sess.), § 2, eff. April 27, 1984; 1987, No. 76, §§ 15, 16; 1987, No. 268 (Adj. Sess.), § 2, eff. June 21, 1988; 1991, No. 100, § 10; 1993, No. 92, § 9; 2001, No. 94 (Adj. Sess.), § 1, eff. May 2, 2002; 2001, No. 133 (Adj. Sess.), § 14, eff. June 13, 2002; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2009, No. 135 (Adj. Sess.), § 26(2)(D); 2015, No. 97 (Adj. Sess.), § 7; 2017, No. 190 (Adj. Sess.), § 22, eff. May 28, 2018; 2021, No. 52, § 7, eff. June 3, 2021; 2023, No. 6, § 6, eff. July 1, 2023.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 51 - Natural Resources › § 2876. Administrative Services Division

§ 2876. Administrative Services Division
(a) The Administrative Services Division of the Agency is created. It shall be administered by a Director of Administrative Services who shall be in the classified service.
(b) The Administrative Services Division shall provide the following services to the Agency and all its components, including components assigned to it for administration:
(1) personnel administration;
(2) coordination of financing and accounting activities;
(3) coordination of filing and records maintenance activities;
(4) provision of facilities, office space, and equipment and the care thereof;
(5) requisitioning from the Department of Buildings and General Services of the Agency of Administration of supplies, equipment, and other requirements;
(6) management improvement services; and
(7) other administrative functions assigned to it by the Secretary.
(c) Other provisions of law notwithstanding, all administrative service functions delegated to other components of the Agency shall be performed within the Agency by the Administrative Services Division. (Added 1969, No. 246 (Adj. Sess.), § 13, eff. June 1, 1970; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 51 - Natural Resources › § 2877. Planning Division

§ 2877. Planning Division
(a) The Planning Division of the Agency is created. It shall be administered by a Director of Planning.
(b) The Planning Division shall be responsible for:
(1) centralized strategic planning for all components of the Agency;
(2) coordination of professional and technical planning of the line components of the Agency, aiming towards maximum service to the public;
(3) coordinating activities and plans of the Agency with other major agencies and the Governor’s office;
(4) preparing multi-year plans and long-range plans and programs to meet problems and opportunities for service to the public;
(5) other planning functions assigned to it by the Secretary.
(c) [Repealed.] (Added 1969, No. 246 (Adj. Sess.), § 14, eff. June 1, 1970; amended 1975, No. 254 (Adj. Sess.), § 144; 1977, No. 113, § 356; 1989, No. 245 (Adj. Sess.), § 6.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 51 - Natural Resources › § 2879. Division of Geology and Mineral Resources

§ 2879. Division of Geology and Mineral Resources
The Division of Geology and Mineral Resources is created. It shall be administered by a director who shall be the State Geologist. (Added 1989, No. 245 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 53 - Human Services › § 3001. Definitions

§ 3001. Definitions
In this chapter the following words mean:
(1) Agency: The Agency of Human Services.
(2) Department: A major component of the Agency.
(3) Director: The head of a division of the Agency.
(4) Division: A major component of a department engaged in furnishing services to the public or to units of government at levels other than the State level.
(5) Commissioner: The head of a department responsible to the Secretary for the administration of the department.
(6) Secretary: The head of the Agency, a member of the Governor’s Cabinet and responsible to the Governor for the administration of the Agency. (Added 1969, No. 272 (Adj. Sess.), § 1, eff. Jan. 10, 1971.)