reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 30 - Public Service › Chapter 86 - Underground Utility Damage Prevention System › § 7006b. Excavation area precautions

§ 7006b. Excavation area precautions
Any person engaged in excavating activities in the approximate location of underground utility facilities marked pursuant to section 7006 of this title shall take reasonable precautions to avoid damage to underground utility facilities, including any substantial weakening of the structural or lateral support of such facilities or penetration, severance, or destruction of such facilities. The person engaged in excavation activities shall expose underground facilities to verify their location and depth, in a safe manner, at each location where the work will cross a facility and at reasonable intervals when paralleling an underground facility. Powered or mechanized equipment may only be used within the approximate location where the facilities have been verified. (Added 1993, No. 118 (Adj. Sess.), § 8; amended 2001, No. 51, § 3; 2007, No. 145 (Adj. Sess.), § 3; 2019, No. 31, § 12.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 86 - Underground Utility Damage Prevention System › § 7007. Notice of damage

§ 7007. Notice of damage
When any underground utility facility is damaged during excavation activities, the excavator shall immediately notify the affected company. Under no circumstances shall the excavator backfill or conceal the damaged area until the company inspects and repairs the damage, provided that the excavator shall take reasonable and prudent actions to protect the public from serious injury from the damaged facilities until the company or emergency response personnel arrive at the damaged area. An excavator who causes damage to a pipeline that results in a release of natural or other gas or hazardous liquid shall promptly report the release to emergency responders by calling 911. (Added 1987, No. 86, § 1, eff. Jan. 1, 1988; amended 1993, No. 118 (Adj. Sess.), § 9; 2019, No. 31, § 13.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 86 - Underground Utility Damage Prevention System › § 7008. Penalties

§ 7008. Penalties
(a) Vermont Digsafe Program. Any person or company who violates any provisions of section 7004, 7006, 7006a, 7006b, or 7007 of this title shall be subject to a civil penalty of not more than $500.00 for the first offense, not more than $1,000.00 for the second offense within one year of the date of the first offense, not more than $1,500.00 for the third offense within one year of the first offense, and not more than $5,000.00 for the fourth or subsequent offense within one year of the date of a previous offense, in addition to any other remedies or penalties provided by law or any liability for actual damages. For the purposes of this subsection, “the date of the first offense” means the date on which the violation occurred, not the date on which the adjudication of the offense resulted.
(b) [Repealed.]
(c) If underground facilities are damaged because a company has not marked them as required by section 7006 or 7006a, the company shall be subject to a civil penalty as provided in this section and, in addition, shall be liable for any damages incurred by the excavator as a result of the company’s failure to mark the facilities.
(d) All penalties recovered in any such actions shall be paid into the General Fund of the State. The Commission shall have jurisdiction over all actions brought pursuant to this chapter.
(e) Any person who violates any provisions of sections 7004 through 7007 of this title as to an underground gas distribution or transmission facility shall also be subject to the civil penalties described in section 2816 of this title. However, a person who has been assessed a civil penalty pursuant to section 2816 of this title shall not be subject to the payment of an assessed penalty under the provisions of this section for the same violation. (Added 1987, No. 86, § 1, eff. Jan. 1, 1988; amended 1993, No. 118 (Adj. Sess.), § 10; 2007, No. 145 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 87 - Enhanced 911; Emergency Services › § 7052. Vermont Enhanced 911 Board

§ 7052. Vermont Enhanced 911 Board
(a) The Vermont Enhanced 911 Board is established to develop, implement, and supervise the operation of the statewide Enhanced 911 system.
(b) The Board shall consist of nine members: one county law enforcement officer elected by the membership of the Vermont State Sheriffs’ Association; one municipal law enforcement officer elected by the Vermont Association of Chiefs of Police; one official of a municipality; a firefighter; an emergency medical services provider; a Department of Public Safety representative; and three members of the public. Board members shall be appointed by the Governor to three-year terms, except that the Governor shall stagger initial appointments so that the terms of no more than four members expire during a calendar year. In appointing Board members, the Governor shall give due consideration to the different geographical regions of the State, and the need for balance between rural and urban areas. Board members shall serve at the pleasure of the Governor.
(c) Members who are not State employees or not otherwise compensated in the course of their employment shall receive per diem compensation and expense reimbursement for meetings in accordance with the provisions of 32 V.S.A. § 1010. Members who receive per diem shall receive compensation for no more than 12 meetings per year.
(d) The Governor shall annually appoint a member to serve as Board chair and a member to serve as Board vice chair. The Board shall hold at least four regular meetings a year. Meetings of the Board may be held at any time or place within Vermont upon call of the Chair or a majority of the members, after reasonable notice to the other members and shall be held at such times and places as in the judgment of the Board will best serve the convenience of all parties in interest. The Board shall adopt rules and procedures with respect to the conduct of its meetings and other affairs. Membership on the Board does not constitute the holding of an office for any purpose, and members of the Board shall not be required to take and file oaths of office before serving on the Board. A member of the Board shall not be disqualified from holding any public office or employment, and shall not forfeit any office or employment, by reason of their appointment to the Board, notwithstanding any statute, ordinance, or charter to the contrary.
(e) The Board shall appoint, subject to the approval of the Governor, the Executive Director who shall hold office at the pleasure of the Board. He or she shall perform such duties as may be assigned by the Board. The Executive Director is entitled to compensation, as established by law, and reimbursement for the expenses within the amounts available by appropriation. The Executive Director may, with the approval of the Board, hire employees, agents, and consultants and prescribe their duties. (Added 1993, No. 197 (Adj. Sess.), § 2; 2009, No. 4, § 99, eff. April 29, 2009.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 87 - Enhanced 911; Emergency Services › § 7053. Board; responsibilities and powers

§ 7053. Board; responsibilities and powers
(a) The Board shall be the single governmental agency responsible for statewide Enhanced 911. To the extent feasible, the Board shall consult with the Agency of Human Services, the Department of Public Safety, the Department of Public Service, and local community service providers on the development of policies, system design, standards, and procedures. The Board shall develop designs, standards, and procedures and shall adopt rules on the following:
(1) The technical and operational standards for public safety answering points.
(2) The system database standards and procedures for developing and maintaining the database. The system database shall be the property of the Board.
(3) Statewide, locatable means of identifying customer location, such as addressing, geo-coding, or other methods of locating the caller.
(4) Standards and procedures to ensure system and database security.
(b)-(d) [Repealed.]
(e) The Board is authorized:
(1) to make or cause to be made studies of any aspect of the Enhanced 911 system, including service, operations, training, database development, and public awareness;
(2) to accept and use in the name of the State, subject to review and approval by the Joint Fiscal Committee, any and all donations or grants, both real and personal, from any governmental unit or public agency or from any institution, person, firm, or corporation, consistent with the rules established by the Board and the purpose or conditions of the donation or grant; and
(3) to exercise all powers and conduct such activities as are necessary in carrying out the Board’s responsibilities in fulfilling the purposes of this chapter.
(f) The Board shall adopt such rules as are necessary to carry out the purposes of this chapter, including, where appropriate, imposing reasonable fines or sanctions against persons that do not adhere to applicable Board rules.
(g), (h) [Repealed.] (Added 1993, No. 197 (Adj. Sess.), § 2; amended 2011, No. 64, § 1, eff. June 2, 2011.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 87 - Enhanced 911; Emergency Services › § 7054. Funding

§ 7054. Funding
(a) The Enhanced 911 Fund is created as a special fund subject to the provisions of 32 V.S.A. chapter 7, subchapter 5. Balances in the Fund on June 30 of each year shall carry forward and shall not revert to the General Fund.
(b) The General Assembly shall annually review and approve an amount to be transferred by the universal service fiscal agent to the Enhanced 911 Fund and shall appropriate some or all of that amount for expenditures related to providing Enhanced 911 services.
(c) Into the Enhanced 911 Fund shall be deposited monies transferred from the universal service fiscal agent, any State or federal funds appropriated to the Fund by the General Assembly, any taxes specifically required by law to be deposited into the Fund, and any grants or gifts received by the State for the benefit of the Enhanced 911 system.
(d) Disbursements from the Enhanced 911 Fund shall be made by the State Treasurer on warrants drawn by the Director solely for the purposes specified in this chapter. The Director may issue such warrants pursuant to contracts or grants.
(e) Disbursements may be made for:
(1) nonrecurring costs, including establishing public safety answering points, purchasing network equipment and software, developing databases, and providing for initial training and public education;
(2) recurring costs, including network access fees and other telephone charges, software, equipment, database management and improvement, public education, ongoing training, and equipment maintenance;
(3) expenses of the Board and the Department of Public Service incurred under this chapter;
(4) costs solely attributable to statewide public safety answering point operations; and
(5) costs attributable to demonstration projects designed to enhance the delivery of emergency 911 and other emergency services.
(f) Disbursements may not be made for:
(1) personnel costs for emergency dispatch answering points;
(2) construction, purchase, renovation, or furnishings for buildings at emergency dispatch points;
(3) two-way radios; and
(4) vehicles and associated equipment. (Added 1993, No. 197 (Adj. Sess.), § 2; amended 1999, No. 62, § 82; 2007, No. 192 (Adj. Sess.), § 6.025, eff. June 7, 2008; 2011, No. 64, § 1, eff. June 2, 2011.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 87 - Enhanced 911; Emergency Services › § 7056. Municipal cooperation; enhanced ANI/ALI capability

§ 7056. Municipal cooperation; enhanced ANI/ALI capability
(a) Each municipality, by its legislative body, may participate in the Enhanced 911 system. Municipalities choosing to participate shall identify all building locations and other public and private locations frequented by the public and shall cooperate in the development and maintenance of the necessary databases. The Board shall work with municipalities to identify nonmonetary incentives designed to streamline and reduce the administrative burdens imposed by this requirement. Any municipality that changes its system for addresses shall ensure that the modified address system is consistent with the standards established by the Board.
(b) After the effective date of this chapter, any municipality that changes its system for addresses shall ensure that the modified address system is consistent with the standards established by the Board.
(c)-(e) [Repealed.] (Added 1993, No. 197 (Adj. Sess.), § 2; amended 1997, No. 28, § 13, eff. May 15, 1997; 2011, No. 64, § 1, eff. June 2, 2011.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 87 - Enhanced 911; Emergency Services › § 7057. Enterprise communications system

§ 7057. Enterprise communications system
Any enterprise communications system shall provide to those end users the same level of 911 service that other end users receive and shall provide ANI signaling, station identification data, including dispatchable location, and updates to Enhanced 911 databases under rules adopted by the Board. The Board may waive the provisions of this section for any enterprise communications system, provided that in the judgment of the Board, the owner of the system is actively engaged in becoming compliant with this section, is likely to comply with this section in a reasonable amount of time, and will do so in accordance with standards and procedures adopted by the Board by rule. (Added 1993, No. 197 (Adj. Sess.), § 2; amended 2011, No. 64, § 1, eff. June 2, 2011; 2017, No. 190 (Adj. Sess.), § 25, eff. May 28, 2018.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 87 - Enhanced 911; Emergency Services › § 7058. Pay telephones

§ 7058. Pay telephones
Each provider or other owner or lessee of a pay station telephone shall permit a caller to dial 911 without first inserting a coin or paying any other charge. The provider or other owner or lessee shall prominently display on each notice advising callers to dial 911 in an emergency and that deposit of a coin is not required. (Added 1993, No. 197 (Adj. Sess.), § 2; amended 2011, No. 64, § 1, eff. June 2, 2011.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 87 - Enhanced 911; Emergency Services › § 7060. Limitation of liability

§ 7060. Limitation of liability
No person shall be liable in any suit for civil damages who in good faith receives, develops, collects, or processes information for the Enhanced 911 database or develops, designs, adopts, establishes, installs, participates in, implements, maintains, or provides access to telephone, mobile, or IP-enabled service for the purpose of helping persons obtain emergency assistance in accordance with this chapter unless such action constitutes gross negligence or an intentional tort. In addition, no provider of telephone, mobile, or other IP-enabled service or a provider’s respective employees, directors, officers, assigns, affiliates, or agents shall be liable for civil damages in connection with the release of customer information to any governmental entity, including any public safety answering point, as required under this chapter. (Added 1993, No. 197 (Adj. Sess.), § 2; amended 2011, No. 64, § 1, eff. June 2, 2011.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 87 - Enhanced 911; Emergency Services › § 7061. Enforcement and penalties

§ 7061. Enforcement and penalties
(a) The Board may file a civil action for injunctive relief in Washington County Superior Court to enforce a provision of this chapter or a rule adopted by the Board under this chapter. The court shall award the Board its costs and reasonable attorney’s fees in the event that the Board prevails in an action under this subsection.
(b) A person who violates the provisions of section 7059 of this title shall be imprisoned not more than one year or fined not more than $10,000.00, or both.
(c) An aggrieved individual may maintain an action in Superior Court for damages, injunctive relief, costs, and attorney’s fees against any person who intentionally or with gross negligence violates any provision of, or rules adopted under, section 7059 or subsection 7055(b) of this title. (Added 1993, No. 197 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 88 - Universal Telecommunications Service › § 7502. Rulemaking

§ 7502. Rulemaking
(a) Consistent with the purposes of this chapter, the Department of Public Service may interpret the provisions of this chapter. Any person aggrieved by any such interpretation or policy may file with the Department of Public Service a petition for a declaratory ruling. Such a petition may include a request to determine whether newly created services, and other services not specifically mentioned by the definition of telecommunications service in this chapter, are telecommunications service. All services declared to be telecommunications service shall thereafter be subject to the charge imposed by subchapter 3 of this chapter.
(b) By rule or general order, the Department of Public Service may adopt procedures and standards to implement its responsibilities under this chapter. To the extent applicable, the Department of Public Service shall use the procedures and standards applicable to the setting of rates for regulated utilities. Those procedures may be designed to expedite the annual establishment of amounts to be collected and distributed by the fiscal agent. (Added 1993, No. 197 (Adj. Sess.), § 5; amended 2015, No. 41, § 26, eff. June 1, 2015.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 88 - Universal Telecommunications Service › § 7503. Fiscal agent

§ 7503. Fiscal agent
(a) A fiscal agent shall be selected to receive and distribute funds under this chapter.
(b) The fiscal agent shall be selected by the Commissioner of Public Service after competitive bidding. No telecommunications service provider shall be eligible to be the fiscal agent. The duties of the fiscal agent shall be determined by a contract with a term not greater than three years.
(c) In order to finance grants and other expenditures that have been approved by the Commissioner of Public Service, the fiscal agent may borrow money from time to time in anticipation of receipts during the current fiscal year. No such note shall have a term of repayment in excess of one year, but the fiscal agent may pledge its receipts in the current and future years to secure repayment. Financial obligations of the fiscal agent are not guaranteed by the State of Vermont.
(d) The fiscal agent shall be audited annually by a certified public accountant in a manner determined by and under the direction of the Commissioner of Public Service.
(e) The financial accounts of the fiscal agent shall be available at reasonable times to any telecommunications service provider in this State. The Commissioner of Public Service may investigate the accounts and practices of the fiscal agent and may enter orders concerning the same.
(f) The fiscal agent acts as a fiduciary and holds funds in trust for the ratepayers until the funds have been disbursed as provided pursuant to section 7511 of this chapter. (Added 1993, No. 197 (Adj. Sess.), § 5; amended 2005, No. 171 (Adj. Sess.), § 1; 2013, No. 191 (Adj. Sess.), § 33; 2015, No. 41, § 7.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 88 - Universal Telecommunications Service › § 7504. Severability

§ 7504. Severability
In the event that a court determines that some part of this chapter, or its application to a particular circumstance, violates the Constitution or laws of the United States, the remainder of this chapter shall not thereby be declared invalid. (Added 1993, No. 197 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 88 - Universal Telecommunications Service › § 7511. Distribution generally

§ 7511. Distribution generally
(a)(1) As directed by the Commissioner of Public Service, funds collected by the fiscal agent, and interest accruing thereon, shall be distributed as follows:
(A) to pay costs payable to the fiscal agent under its contract with the Commissioner;
(B) to support the Vermont telecommunications relay service in the manner provided by section 7512 of this title;
(C) to support the Vermont Lifeline program in the manner provided by section 7513 of this title;
(D) to support Enhanced 911 services in the manner provided by section 7514 of this title; and
(E) to support the Connectivity Fund established in section 7516 of this title; and
(2) for fiscal year 2016 only, any personnel or administrative costs associated with the Connectivity Initiative shall come from the Connectivity Fund, as determined by the Commissioner in consultation with the Connectivity Board.
(b) If insufficient funds exist to support all of the purposes contained in subsection (a) of this section, the Commissioner shall allocate the available funds, giving priority in the order listed in subsection (a). (Added 1993, No. 197 (Adj. Sess.), § 5; amended 2013, No. 190 (Adj. Sess.), § 3, eff. June 16, 2014; 2013, No. 191 (Adj. Sess.), § 34; 2015, No. 41, § 9.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 88 - Universal Telecommunications Service › § 7512. Telecommunications relay service

§ 7512. Telecommunications relay service
The fiscal agent shall make distributions for the Vermont telecommunications relay service to the State Treasurer. The amount of the transfer shall be determined by the Commissioner of Public Service as the amount reasonably necessary to pay the costs of a contract administered by the Department of Public Service. (Added 1993, No. 197 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 88 - Universal Telecommunications Service › § 7513. Lifeline

§ 7513. Lifeline
The fiscal agent shall make distributions for the Vermont Lifeline program under subsection 218(c) of this title to reimburse telecommunications service providers for credits that have been granted to their customers, within annual limits approved in advance by the Public Utility Commission. The fiscal agent shall also make distributions to reimburse telecommunications companies for Lifeline program administration costs approved by the Commission. (Added 1993, No. 197 (Adj. Sess.), § 5; amended 1995, No. 99 (Adj. Sess.), § 13.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 88 - Universal Telecommunications Service › § 7516. Connectivity Fund

§ 7516. Connectivity Fund
(a) There is created a Connectivity Fund for the purpose of providing support to the High-Cost Program established under section 7515 of this chapter and the Connectivity Initiative established under section 7515b of this chapter. The fiscal agent shall determine annually, on or before November 1, the amount of monies available to the Connectivity Fund. Such funds shall be apportioned as follows: 45 percent to the High-Cost Program and 55 percent to the Connectivity Initiative.
(b) [Repealed.] (Added 2013, No. 190 (Adj. Sess.), § 4, eff. June 16, 2014; amended 2015, No. 41, § 10; 2019, No. 31, § 8; 2019, No. 79, § 3, eff. June 20, 2019; 2021, No. 71, § 7a, eff. June 8, 2021.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 88 - Universal Telecommunications Service › § 7522. Rebate for payment elsewhere

§ 7522. Rebate for payment elsewhere
When a telecommunications service is subject to the Charge imposed by section 7521 of this title and also to a similar charge imposed for similar purposes in another state, the customer shall be liable only for the difference between the amount demonstrably paid in the other state and the amount due in this State. (Added 1993, No. 197 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 88 - Universal Telecommunications Service › § 7523. Rate of charge

§ 7523. Rate of charge
(a) Beginning on July 1, 2014, the rate of charge shall be two percent of retail telecommunications service.
(b) Beginning on July 1, 2019, the rate of charge established under subsection (a) of this section shall be increased by four-tenths of one percent of retail telecommunications service, and the monies collected from this increase shall be transferred to the Vermont Community Broadband Fund established under section 8083 of this title, and up to $120,000.00 shall be used to fund a Rural Broadband Technical Assistance Specialist whose duties shall include providing outreach, technical assistance, and other support services to communications union districts established pursuant to chapter 82 of this title and other units of government, nonprofit organizations, cooperatives, and for-profit businesses for the purpose of expanding broadband service to unserved and underserved locations. Support services also may include providing business model templates for various approaches, including formation of or partnership with a cooperative, a communications union district, a rural economic development infrastructure district, an electric utility, or a new or existing Internet service provider as operator of the network.
(c) Universal Service Charges imposed and collected by the fiscal agent under this subchapter shall not be transferred to any other fund or used to support the cost of any activity other than in the manner authorized by this section and section 7511 of this title. (Added 1993, No. 197 (Adj. Sess.), § 5; amended 1995, No. 182 (Adj. Sess.), § 7, eff. May 22, 1996; 2005, No. 171 (Adj. Sess.), § 2; 2013, No. 190 (Adj. Sess.), § 7, eff. June 16, 2014; 2019, No. 79, § 2, eff. June 20, 2019; 2021, No. 71, § 7b, eff. June 8, 2021.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 88 - Universal Telecommunications Service › § 7524. Payment to fiscal agent

§ 7524. Payment to fiscal agent
(a) Telecommunications service providers shall pay to the fiscal agent all Universal Service Charge receipts collected from customers. A report in a form approved by the Department of Public Service shall be included with each payment.
(b) Payments shall be made monthly, by the 15th day of the month, and shall be based upon amounts collected in the preceding month. If the amount is small, the Commissioner may allow payment to be made less frequently, and may permit payment on an accrual basis.
(c) Telecommunications service providers shall maintain records adequate to demonstrate compliance with the requirements of this chapter. The Commissioner or the fiscal agent may examine those records in a reasonable manner.
(d) When a payment is due under this section by a telecommunications service provider who has provided customer credits under the Lifeline program, the amount due may be reduced by the amount of credit granted.
(e) The fiscal agent shall examine the records of telecommunications service providers to determine whether their receipts reflect application of the Universal Service Charge on all assessable telecommunications services under this chapter, including the federal subscriber line charge, directory assistance, enhanced services unless they are billed as separate line items, and toll-related services.
(f) The Department of Public Service shall ensure the fiscal agent is authorized to negotiate and collect from telecommunications service providers any Universal Service Charges not properly assessed or remitted pursuant to this chapter. For the purpose of this subsection, the fiscal agent may examine the records of telecommunications providers for the immediately preceding three years and assess the provider for underpayments, if any, as appropriate. (Added 1993, No. 197 (Adj. Sess.), § 5; amended 1995, No. 99 (Adj. Sess.), § 14; 1995, No. 182 (Adj. Sess.), § 8, eff. May 22, 1996; 2013, No. 191 (Adj. Sess.), § 30; 2015, No. 41, § 26, eff. June 1, 2015.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 88 - Universal Telecommunications Service › § 7525. Delinquent payments

§ 7525. Delinquent payments
(a) If a report required by this chapter is not filed, or if a report when filed is incorrect or insufficient, or if a provider fails to bill and collect amounts required by this chapter, the fiscal agent shall determine a delinquency from information available and shall so inform the provider.
(b) Interest shall be charged on delinquent payments to the fiscal agent at the rate of 1.5 percent per month or part thereof.
(c) The Public Utility Commission may hear appeals from any determinations of delinquency made by the fiscal agent. Any such determination shall become final if not so appealed within 60 days of its issuance.
(d) Upon petition of the fiscal agent, the Public Utility Commission may impose, after notice and an opportunity for hearing, civil penalties against a telecommunications service provider who is delinquent in making payments to the fiscal agent. Any penalty imposed may be based upon the size and duration of the violation, but no such penalty shall exceed twice the amount of the delinquency or $1,000.00, whichever is larger.
(e) A telecommunications service provider who has filed reports required by this chapter shall not be liable for delinquent payments that were due more than three years before the fiscal agent gave notice of delinquency to the provider.
(f) Payments, interest, and penalties due under this chapter may be collected by civil actions in the courts of this State initiated in the name of the State or fiscal agent. (Added 1993, No. 197 (Adj. Sess.), § 5; amended 1995, No. 99 (Adj. Sess.), § 15; 2005, No. 171 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 89 - Renewable Energy Programs › § 8001. Renewable energy goals

§ 8001. Renewable energy goals
(a) The General Assembly finds it in the interest of the people of the State to promote the State energy policy established in section 202a of this title by:
(1) Balancing the benefits, lifetime costs, and rates of the State’s overall energy portfolio to ensure that to the greatest extent possible the economic benefits of renewable energy in the State flow to the Vermont economy in general, and to the rate-paying citizens of the State in particular.
(2) Supporting development of renewable energy that uses natural resources efficiently and related planned energy industries in Vermont, and the jobs and economic benefits associated with such development, while retaining and supporting existing renewable energy infrastructure.
(3) Providing an incentive for the State’s retail electricity providers to enter into affordable, long-term, stably priced renewable energy contracts that mitigate market price fluctuation for Vermonters.
(4) Developing viable markets for renewable energy and energy efficiency projects.
(5) Protecting and promoting air and water quality in the State and region through the displacement of those fuels, including fossil fuels, which are known to emit or discharge pollutants.
(6) Contributing to reductions in global climate change and anticipating the impacts on the State’s economy that might be caused by federal regulation designed to attain those reductions.
(7) Providing support and incentives to locate renewable energy plants of small and moderate size in a manner that is distributed across the State’s electric grid, including locating such plants in areas that will provide benefit to the operation and management of that grid through such means as reducing line losses and addressing transmission and distribution constraints.
(8) Promoting the inclusion, in Vermont’s electric supply portfolio, of renewable energy plants that are diverse in plant capacity and type of renewable energy technology.
(b) The Commission shall adopt the rules that are necessary to allow the Commission and the Department to implement and supervise programs pursuant to subchapter 1 of this chapter. (Added 2003, No. 69, § 1, eff. June 17, 2003; amended 2005, No. 61, § 1; 2011, No. 47, § 6 (eff. May 25, 2011) and § 18; 2011, No. 170 (Adj. Sess.), § 1, eff. May 18, 2012; 2015, No. 56, § 21.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 89 - Renewable Energy Programs › § 8004. Sales of electric energy; Renewable Energy Standard (RES)

§ 8004. Sales of electric energy; Renewable Energy Standard (RES)
(a) Establishment; requirements. The RES is established. Under this program, a retail electricity provider shall not sell or otherwise provide or offer to sell or provide electricity in the State of Vermont without ownership of sufficient energy produced by renewable energy plants or sufficient tradeable renewable energy credits from plants whose energy is capable of delivery in New England that reflect the required amounts of renewable energy set forth in section 8005 of this title or without support of energy transformation projects in accordance with that section. A retail electricity provider may meet the required amounts of renewable energy through eligible tradeable renewable energy credits that it owns and retires, eligible renewable energy resources with environmental attributes still attached, or a combination of those credits and resources.
(b) Rules. The Commission shall adopt the rules that are necessary to allow the Commission and the Department to implement and supervise further the implementation and maintenance of the RES.
(c) RECS; banking. The Commission shall allow a provider that has met the required amount of renewable energy in a given year, commencing with 2017, to retain tradeable renewable energy credits created or purchased in excess of that amount for application to the provider’s required amount of renewable energy in one of the following three years.
(d) Alternative compliance payment. In lieu of purchasing renewable energy or tradeable renewable energy credits or supporting energy transformation projects to satisfy the requirements of this section and section 8005 of this title, a retail electricity provider in this State may pay to the Vermont Clean Energy Development Fund established under section 8015 of this title an alternative compliance payment at the applicable rate set forth in section 8005.
(e) VPPSA members. In the case of members of the Vermont Public Power Supply Authority, the requirements of this chapter may be met in the aggregate.
(f) Joint efforts. Retail electricity providers may engage in joint efforts to meet one or more categories within the RES. (Added 2003, No. 69, § 1, eff. June 17, 2003; amended 2005, No. 61, § 3; 2005, No. 208 (Adj. Sess.), § 14; 2007, No. 92 (Adj. Sess.), § 21; 2009, No. 45, § 3, eff. May 27, 2009; 2011, No. 47, §§ 18, 20m(a); 2015, No. 56, § 2.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 89 - Renewable Energy Programs › § 8006. Tradeable credits; environmental attributes; recognition, monitoring, and disclosure

§ 8006. Tradeable credits; environmental attributes; recognition, monitoring, and disclosure
(a) The Commission shall establish or adopt a system of tradeable renewable energy credits for renewable resources that may be earned by electric generation qualifying for the RES. The system shall recognize tradeable renewable energy credits monitored and traded on the New England Generation Information System (GIS); shall provide a process for the recognition, approval, and monitoring of environmental attributes attached to renewable energy that are eligible to satisfy the requirements of sections 8004 and 8005 of this title but are not monitored and traded on the GIS; and shall otherwise be consistent with regional practices.
(b) The Commission shall ensure that all electricity provider and provider-affiliate disclosures and representations made with regard to a provider’s portfolio are accurate and reasonably supported by objective data. Further, the Commission shall ensure that providers disclose the types of generation used and shall clearly distinguish between energy or tradeable energy credits provided from renewable and nonrenewable energy sources and existing and new renewable energy. (Added 2005, No. 61, § 4; amended 2011, No. 47, § 18; 2015, No. 56, § 7.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 89 - Renewable Energy Programs › § 8007. Small renewable energy plants; simplified procedures

§ 8007. Small renewable energy plants; simplified procedures
(a) The same application form, rules, and procedures that the Commission applies to net metering systems of 150 kilowatts (kW) or less under sections 248 and 8010 of this title shall apply to the review under section 248 of this title of any renewable energy plant with a plant capacity of 150 kW or less and to the interconnection of such a plant with the system of a Vermont retail electricity provider. This requirement includes any waivers of criteria under section 248 of this title made pursuant to section 8010 of this title.
(b) With respect to renewable energy plants that have a plant capacity that is greater than 150 kW and is 2.2 MW or less, the Commission shall establish by rule or order standards and procedures governing application for, and issuance or revocation of, a certificate of public good for such a plant under the provisions of section 248 of this title, and the interconnection of such a plant with the system of a Vermont retail electricity provider.
(1) In developing such rules or orders, the Commission:
(A) Shall waive the requirements of section 248 of this title that are not applicable to such a plant, including, for a plant that is not owned by a Vermont retail electricity provider, criteria that are generally applicable to such a provider.
(B) May modify notice and hearing requirements of this title as it deems appropriate.
(C) Shall simplify the petition and review process as appropriate.
(2) Notwithstanding 1 V.S.A. §§ 213 and 214, a petitioner whose petition under section 248 of this title is pending as of the effective date of a Commission rule or order under this subsection (b) may elect to apply the standards and procedures of such a rule or order to the pending petition if the petition pertains to a renewable energy plant with a plant capacity that is greater than 150 kW and is 2.2 MW or less. (Added 2009, No. 159 (Adj. Sess.), § 6, eff. June 4, 2010; 2013, No. 99 (Adj. Sess.), § 6, eff. Jan. 1, 2017.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 89 - Renewable Energy Programs › § 8011. Energy storage facilities

§ 8011. Energy storage facilities
(a) The Commission may adopt and implement rules that govern the installation and operation of energy storage facilities of all sizes.
(b) The rules may establish a size threshold below which storage facilities need not submit an application for a certificate of public good pursuant to section 248 of this title.
(c) The rules may include provisions that govern:
(1) the respective duties of retail electricity providers and energy storage facility owners or operators;
(2) the electrical and fire safety, power quality, interconnection, metering, and decommissioning of energy storage facilities;
(3) the resolution of disputes between energy storage facility owners, operators, and the interconnecting provider;
(4) energy storage aggregators and the operation of aggregations; and
(5) energy storage facilities paired with other resources, such as net metering and standard offer plants, including retrofits of existing plants.
(d) The rules shall establish standards and procedures governing application for and issuance or revocation of a certificate of public good for certain energy storage facilities under the provisions of section 248 of this title. In establishing these standards and procedures, the rules may:
(1) waive the requirements of section 248 of this title that are not applicable to energy storage facilities, including criteria that are generally applicable to public service companies as defined in this title;
(2) modify notice and hearing requirements of this title as the Commission considers appropriate; and
(3) seek to simplify the application and review process. (Added 2021, No. 54, § 11.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 89 - Renewable Energy Programs › § 8016. ARRA energy monies

§ 8016. ARRA energy monies
The expenditure of each of the following shall be subject to the direction and approval of the Commissioner of Public Service, after consultation with the Clean Energy Development Board established under subdivision 8015(e)(4) of this title, and shall be made in accordance with subdivisions 8015(d)(1) (expenditures authorized), and (e)(7)(A) (reporting) and subsections 8015(f) (Fund manager), (h) (ARRA funds), and (i) (rules) of this title and applicable federal law and regulations:
(1) The amount of $21,999,000.00 in funds received by the State under the appropriation contained in the American Recovery and Reinvestment Act (ARRA) of 2009, Pub.L. No. 111-5, to the State Energy Program authorized under 42 U.S.C. § 6321 et seq.
(2) The amount of $9,593,500.00 received by the State under ARRA from the U.S. Department of Energy through the Energy Efficiency and Conservation Block Grant Program. (Added 2009, No. 67 (Adj. Sess.); § 69; amended 2011, No. 47, § 20l, eff. July 9, 2011.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 91A - Vermont Community Broadband Board › § 8081. Purpose

§ 8081. Purpose
In recognition of the historic level of broadband funding currently available to the State and the critical need for broadband access and adoption, it is the purpose of this chapter to establish the Vermont Community Broadband Fund to support policies and programs designed to accelerate community efforts that advance the State’s goal of achieving universal access to reliable, high-quality, affordable, fixed broadband and to establish the Vermont Community Broadband Board to coordinate, facilitate, support, and accelerate the development and implementation of universal community broadband solutions. (Added 2021, No. 71, § 2, eff. June 8, 2021.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 91A - Vermont Community Broadband Board › § 8082. Definitions

§ 8082. Definitions
As used in this chapter:
(1) “Board” means the Vermont Community Broadband Board.
(2) “Broadband service” or “broadband” means a mass-market retail service by wire or radio in Vermont that provides the capability to transmit data to and receive data from all or substantially all Internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up Internet access service.
(3) “Department” means the Department of Public Service.
(4) “Eligible provider” means:
(A) a communications union district;
(B) a small communications carrier; or
(C) an Internet service provider working in conjunction with a communications union district to expand broadband service to unserved and underserved locations as part of a plan to achieve universal broadband coverage in the district.
(5) “Fund” means the Vermont Community Broadband Fund established by this chapter.
(6) “Internet service provider” means a business that provides broadband Internet access service to any person in Vermont.
(7) “Location” means an E-911 business or residential address connected to the electric power grid.
(8) “Municipality” means a city, town, incorporated village, or unorganized town or gore.
(9) “Served” means a location that has access to broadband service capable of speeds of at least 25 Mbps download and 3 Mbps upload.
(10) “Small communications carrier” means:
(A) a carrier that has elected to be regulated under subsection 227d(a) of this title; or
(B) an Internet service provider that operates in not more than five counties.
(11) “Underserved” means a location that only has access to broadband service capable of speeds of at least 4 Mbps download and 1 Mbps upload but less than 25 Mbps download and 3 Mbps upload.
(12) “Universal service plan” means a plan for providing each unserved and underserved location in a communications union district or in a municipality that was not part of a communications union district prior to June 1, 2021 access to broadband service capable of speeds of at least 100 Mbps download and 100 Mbps upload.
(13) “Unserved” means a location that only has access to broadband capable of speeds of less than 4 Mbps download and 1 Mbps upload. (Added 2021, No. 71, § 2, eff. June 8, 2021.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 91A - Vermont Community Broadband Board › § 8083. Vermont Community Broadband Fund

§ 8083. Vermont Community Broadband Fund
(a) There is created a special fund in the State Treasury to be known as the “Vermont Community Broadband Fund.” Expenditures from the Fund shall be made only to implement and effectuate the policies, purposes, and programs established in this chapter. The Fund shall be composed of any monies from time to time appropriated to the Fund by the General Assembly, transferred to the Fund pursuant to subsection 7523(b) of this title, or received from any other source, private or public, subject to the provisions of 32 V.S.A. § 5. Unexpended balances and any earnings shall remain in the Fund for use in accord with the purposes of this chapter.
(b) Authorized expenditures from the Fund include:
(1) grants pursuant to the Broadband Preconstruction Grant Program established in section 8085 of this chapter;
(2) grants pursuant to the Broadband Construction Grant Program established in section 8086 of this chapter;
(3) funding for communications workforce training and development, in consultation with the Commissioner of Labor, to the extent such funds are not available from other funding sources;
(4) funding for a comprehensive, statewide fiber-optic engineering design as specified in subdivision 8084(a)(6)(I) of this chapter;
(5) administrative expenses of grant recipients in an amount determined by the Board, subject to applicable federal law and guidance; and
(6) upon approval by the General Assembly, up to $1,500,000.00 annually to fund the operational expenses of the Board and the Department to the extent the Department’s expenses support the work of the Board.
(c) Expenditures from the Fund shall be authorized by the Board. (Added 2021, No. 71, § 2, eff. June 8, 2021; amended 2021, No. 185 (Adj. Sess.), § E.233, eff. July 1, 2022.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 91A - Vermont Community Broadband Board › § 8085. Broadband Preconstruction Grant Program

§ 8085. Broadband Preconstruction Grant Program
(a) There is established the Community Broadband Preconstruction Grant Program to be administered by the Board. The purpose of the Program is to provide grants to communications union districts for preconstruction costs related to broadband projects that are part of a universal service plan.
(b) As used in this section, “preconstruction costs” include expenses for feasibility studies, business planning, pole data surveys, engineering and design, and make-ready work associated with the construction of broadband networks, including consultant, legal, and administrative expenses, and any other costs deemed appropriate by the Board.
(c) To ensure an equitable distribution of funds under this Program and to encourage collaborative work among communications union districts, grant awards shall be scalable and shall be commensurate with the size of a broadband project as determined by the project’s service area, road mileage, the number of unserved or underserved locations, or any other metric deemed appropriate by the Board. In addition, the Board may develop standards for the disbursement of grant funds in a manner that both supports the efficient and timely use of funds and also ensures accountability. (Added 2021, No. 71, § 2, eff. June 8, 2021.)