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2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3011. Voting

§ 3011. Voting
Each member shall be entitled to one vote on each matter submitted to a vote at a meeting of the members. Voting shall be in person, but if the bylaws so provide, may also be by proxy, by mail, telephonically, or electronically. If the bylaws provide for voting by proxy, by mail, telephonically, or electronically, they shall also prescribe the conditions under which such voting shall be permitted. No person shall vote as proxy for more than three members at any meeting. If the bylaws of a cooperative provide for voting by proxy, by mail, telephonically, or electronically, such vote shall have full force and effect as if voted in person by a member at a meeting of the members in accordance with the provisions of the bylaws and as specifically referred to under this title and chapter. (Amended 1975, No. 107; 1999, No. 143 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3012. Notice, waiver

§ 3012. Notice, waiver
A person entitled to notice of a meeting may waive such notice in writing either before or after such meeting. If such person shall attend such meeting, such attendance shall constitute a waiver of notice of such meeting, unless such person participates therein solely to object to the transaction of any business because the meeting has not been legally called or convened.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3013. Directors, qualifications

§ 3013. Directors, qualifications
The business of a cooperative shall be managed by a board of not less than five directors, each of whom shall be a member of the cooperative or of another cooperative which is a member thereof, shall not be an employee of the cooperative, and shall reside in this State. The bylaws shall prescribe the number of directors, their qualifications, other than those prescribed in this chapter, the manner of holding meetings of the board of directors and of electing successors to directors who shall resign, die, or otherwise be incapable of acting. The bylaws may also provide for the removal of directors from office and for the election of their successors. Directors as such may not receive any salary for their services, but by resolution of the board of directors a fixed sum and expenses of attendance may be allowed for attendance at each meeting of the board of directors, or a committee thereof, or other customary activities necessary to carry out the duties of a director. The board of directors may exercise all of the powers of a cooperative not conferred upon the members by this chapter or its articles of incorporation or bylaws. (Amended 1999, No. 143 (Adj. Sess.), § 11.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3014. Election and term of office

§ 3014. Election and term of office
(a) The bylaws of a cooperative shall determine the method of election and term of office of the directors.
(b) Existing bylaws shall govern until duly amended. Those cooperatives which have in the past in compliance with their bylaws elected their directors to serve for staggered terms of three or four years may continue the practice. (Amended 1975, No. 108, § 1, eff. April 30, 1975; 1999, No. 143 (Adj. Sess.), § 12.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3016. Districts

§ 3016. Districts
The bylaws may provide for the division of the territory served or to be served by a cooperative into two or more districts for any purpose, without limitation, the nomination and election of trustees and the election and functioning of district delegates. In such case the bylaws shall prescribe the boundaries of the districts, the manner of establishing and changing such boundaries, and the manner in which such districts shall function. (Amended 1999, No. 143 (Adj. Sess.), § 13.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3017. Officers, duties

§ 3017. Officers, duties
The officers of a cooperative shall consist of a president, vice president, secretary, and treasurer, who shall be elected annually by and from the board of directors. When a person holding office ceases to be a director, he or she shall cease to hold such office. The offices of secretary and treasurer may be held by the same person. A vacancy in the office of secretary may be filled by the board of directors, and the person so elected shall serve until his or her successor is elected. When a cooperative neglects for six months to appoint and have a clerk, it shall forfeit $50.00 to the person injured to be recovered in an action on this statute. The secretary shall record all votes and proceedings of the members and directors or executive committee thereof. He or she shall have the custody of the corporate seal and of the corporate records and shall keep such records within this State. He or she shall keep a book containing a record of the names of the members, the date of their membership and of others served by the cooperative, and of the places of residence of each, which book shall always be open to the inspection of members. He or she shall procure and file in the office of the clerk of the town where the principal office is located and also keep on file in his or her own office certified copies of all papers required by law or by this chapter to be filed with the Secretary of State. The board of directors may also elect or appoint such other officers, agents, or employees as it deems necessary or advisable and shall prescribe their powers and duties. An officer may be removed from office and his or her successor elected in the manner prescribed by the bylaws. (Amended 1999, No. 143 (Adj. Sess.), § 14.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3018. Amendment of articles

§ 3018. Amendment of articles
A cooperative may amend its articles of incorporation by complying with the following requirements: The proposed amendment shall be presented to a meeting of the members, the notice of which shall set forth or have attached thereto the proposed amendment. If the proposed amendment, with changes, is approved by the affirmative vote of not less than two-thirds of those members voting thereon at such meeting, a certificate of amendment shall be executed and acknowledged on behalf of the cooperative by its president or vice president and its seal shall be affixed thereto and attested by its secretary. The certificate of amendment shall recite that it is executed pursuant to this chapter and shall state: (1) the name of the cooperative; (2) the address of its principal office; and (3) the amendment to its articles of incorporation. The president or vice president executing such certificate of amendment shall make and annex thereto an affidavit stating that the provisions of this section in respect of the amendment set forth in such articles were duly complied with. (Amended 1999, No. 143 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3019. Location of office

§ 3019. Location of office
Upon authorization of its board of trustees or its members, a cooperative may change the location of its principal office by filing in the office of the Secretary of State a certificate reciting such change of principal office, executed and acknowledged by its president or vice president under its seal attested by its clerk.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3020. Consolidation

§ 3020. Consolidation
Two or more cooperatives licensed in this State under this law, each of which is hereinafter designated a “consolidating cooperative,” may consolidate into a new cooperative, hereinafter designated the “new cooperative,” by complying with the following requirements:
(1) The proposition for the consolidation of the consolidating cooperatives into the new cooperative and proposed articles of consolidation to effect the same shall be submitted to a meeting of the members of each consolidating cooperative, the notice of which shall have attached thereto a copy of the proposed articles of consolidation.
(2) If the proposed consolidation and the proposed articles of consolidation, with amendments, are approved by the affirmative vote of not less than two-thirds of the members of each consolidating cooperative voting thereon at each such meeting, articles of consolidation in the form approved shall be executed and acknowledged on behalf of each consolidating cooperative by its president or vice president and its seal shall be affixed thereto and attested by its secretary. The articles of consolidation shall recite that they are executed pursuant to this chapter and shall state: (A) the name of each consolidating cooperative and the address of its principal office; (B) the name of the new cooperative and the address of its principal office; (C) a statement that each consolidating cooperative agrees to the consolidation; (D) the names and addresses of the directors of the new cooperative; and (E) the terms and conditions of the consolidation and the mode of carrying the same into effect, including the manner in which members of the consolidating cooperative may or shall become members of the new cooperative; and may contain provisions not inconsistent with law or this chapter deemed necessary or advisable for the conduct of the business of the new cooperative. The president or vice president of each consolidating cooperative executing such articles of consolidation shall make and annex thereto an affidavit stating that the provisions of this section in respect of such articles were duly complied with by such cooperative. (Amended 1999, No. 143 (Adj. Sess.), § 16.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3021. Merger, requirements

§ 3021. Merger, requirements
One or more cooperatives, each of which is hereinafter designated a “merging cooperative,” may merge into another cooperative, hereinafter designated the “surviving cooperative,” by complying with the following requirements:
(1) The proposition for the merger of the merging cooperatives into the surviving cooperative and proposed articles of merger to give effect thereto shall be submitted to a meeting of the members of each merging cooperative and of the surviving cooperative, the notice of which shall have attached thereto a copy of the proposed articles of merger.
(2) If the proposed merger and the proposed articles of merger, with amendments, are approved by the affirmative vote of not less than two-thirds of those members of each cooperative voting thereon at each such meeting, articles of merger in the form approved shall be executed and acknowledged on behalf of each such cooperative by its president or vice president and its seal shall be affixed thereto and attested by its secretary. The articles of merger shall recite that they are executed pursuant to this chapter and shall state: (A) the name of each merging cooperative and the address of its principal office; (B) the name of the surviving cooperative and the address of its principal office; (C) a statement that each merging cooperative and the surviving cooperative agree to the merger; (D) the names and addresses of the directors of the surviving cooperative; and (E) the terms and conditions of the merger and the mode of carrying the same into effect, including the manner in which members of the merging cooperatives may become members of the surviving cooperative. Such articles may contain provisions not inconsistent with law or this chapter deemed necessary or advisable for the conduct of the business of the surviving cooperative. The president or vice president of each cooperative executing such articles of merger shall make and annex thereto an affidavit stating that the provisions of this section in respect to such articles were duly complied with by such cooperative. (Amended 1999, No. 143 (Adj. Sess.), § 17.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3022. Effect

§ 3022. Effect
In the case of a consolidation, the separate existence of the consolidating cooperatives shall cease and the articles of consolidation shall be deemed to be the articles of incorporation of the new cooperative. In the case of a merger, the separate existence of the merging cooperatives shall cease and the articles of incorporation of the surviving cooperative shall be deemed to be amended to the extent that changes therein are provided for in the articles of the merger.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3023. Transfer of rights and liabilities

§ 3023. Transfer of rights and liabilities
All the rights, privileges, immunities, and franchises and all property, real and personal, including applications for membership, all debts due on whatever account, and all other choses in action, of each of the consolidating or merger cooperatives shall be deemed to be transferred to and vested in the new or surviving cooperative respectively, without further act or deed.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3024. Responsibilities for liabilities transferred

§ 3024. Responsibilities for liabilities transferred
The new or surviving cooperative shall be responsible and liable for all the liabilities and obligations of each of the consolidating or merging cooperatives and a claim existing or action or proceeding pending by or against a consolidating or merging cooperative may be prosecuted as if the consolidation or merger had not taken place, but the new or surviving cooperative may be substituted in its place.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3026. Private corporation, change

§ 3026. Private corporation, change
A corporation organized under the laws of this State and supplying or authorized to supply energy may be converted into a cooperative by complying with the following requirements and shall thereupon become subject to this chapter with the same effect as if originally organized under this chapter:
(1) The proposition for the conversion of such corporation into a cooperative and proposed articles of conversion to give effect thereto shall be submitted to a meeting of the members or stockholders of such corporation, the notice of which shall have attached thereto a copy of the proposed articles of conversion.
(2) If the proposition for the conversion of such corporation into a cooperative and the proposed articles of conversion, with amendments, are approved by the affirmative vote of not less than two-thirds of those members of such corporation voting thereon at such meeting, or, if such corporation is a stock corporation, by the affirmative vote of the holders of not less than two-thirds of the shares of the capital stock of such corporation represented at such meeting and voting thereon, articles of conversion in the form approved shall be executed and acknowledged on behalf of such corporation by its president or vice president and its seal shall be affixed thereto and attested by its secretary.
(3) The articles of conversion shall recite that they are executed pursuant to this chapter and shall state: (A) the name of the corporation and the address of its principal office prior to its conversion into a cooperative; (B) the statute or statutes under which it was organized; (C) a statement that such corporation elects to become a cooperative subject to this chapter; (D) its name as a cooperative; (E) the address of the principal office of the cooperative; (F) the names and addresses of the directors of the cooperative; and (G) the manner in which members or stockholders of such corporation may become members of the cooperative; and may contain any provisions not inconsistent with law or this chapter deemed necessary or advisable for the conduct of the business of the cooperative. The president or vice president executing such articles of conversion shall make and annex thereto an affidavit stating that the provisions of this section were duly complied with in respect of such articles. The articles of conversion shall be deemed to be the articles of incorporation of the cooperative. (Amended 1999, No. 143 (Adj. Sess.), § 18.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3027. Dissolution—Cooperative not commencing business

§ 3027. Dissolution—Cooperative not commencing business
A cooperative that has not commenced business may be dissolved by delivering to the Secretary of State a certificate of dissolution, which shall be executed and acknowledged on behalf of the cooperative by a majority of the incorporators and which shall state:
(1) the name of the cooperative;
(2) the address of its principal office;
(3) that the cooperative has not commenced business;
(4) that any sums received by the cooperative, less any part thereof disbursed for expenses of the cooperative, have been returned or paid to those entitled thereto;
(5) that no debt of the cooperative is unpaid; and
(6) that a majority of the incorporators elect that the cooperative be dissolved.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3029. Papers filed

§ 3029. Papers filed
Articles of incorporation, amendment, consolidation, merger, conversion, or dissolution, when executed and acknowledged and accompanied by such affidavits as may be required by applicable provisions of this chapter, shall be filed with the Secretary of State. If the Secretary of State shall find that the articles presented conform to the requirements of this chapter, he or she shall, upon the payment of the fees as in this chapter provided, record such articles and upon such recording the incorporation, amendment, consolidation, merger, conversion, or dissolution provided for therein shall be in effect. The provisions of this section shall also apply to certificates of election to dissolve pursuant to section 3028 of this title.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3030. Revenues, use of

§ 3030. Revenues, use of
Revenues of a cooperative for a fiscal year in excess of the amount thereof necessary:
(1) To defray the expenses of the operation and maintenance of the facilities of the cooperative during such fiscal year.
(2) To pay interest and principal obligations of the cooperative coming due in such fiscal year.
(3) To finance, or to provide a reserve for the financing of, the construction or acquisition by the cooperative of additional facilities to the extent determined by the board of directors.
(4) To provide a reasonable reserve for working capital.
(5) To provide a reserve for the payment of indebtedness of the cooperative in an amount not less than the total of the interest and principal payments in respect thereof required to be made during the next following fiscal year.
(6) To provide a fund, hereinafter designated as the “cooperative education fund,” for education in cooperation and for the dissemination of information concerning the effective use of energy and other services, goods, or products made available by the cooperative, shall, unless otherwise determined by a vote of the members, be distributed by the cooperative to its members and to other persons to whom the cooperative supplies energy or other services, goods, or products made available through its electric distribution facilities, as patronage refunds prorated in accordance with the patronage of the cooperative by the respective members and such other persons, paid for during such fiscal year; provided, however, such distribution shall not be made to such other person until he or she has become a member of the cooperative. If such other person does not become a member of the cooperative within one year after the amount of his or her distributive share or accumulated distributive shares equals the membership fee required by the bylaws of the cooperative, or, if no membership fee is required, within two years after the declaration of such patronage refund, he or she shall cease to be entitled to such share or shares, which shall, in such case, be paid into the cooperative education fund. The cooperative shall make such additional provision, in the bylaws or otherwise, relative to the disposition of the revenues of the cooperative as may be necessary and appropriate to establish and maintain the nonprofit character of the cooperative. Nothing herein contained shall be construed to prohibit the payment by a cooperative of all or any part of its indebtedness prior to the date when the same shall become due. (Amended 1999, No. 143 (Adj. Sess.), § 20.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3031. Mortgage and investment

§ 3031. Mortgage and investment
(a) The board of directors of a cooperative shall have full power and authority, without authorization by the members thereof, to authorize the execution and delivery of a mortgage or mortgages or a deed or deeds of trust of, or the pledging or encumbering of, any or all of the property, assets, rights, privileges, licenses, franchises, and permits of the cooperative, whether acquired or to be acquired, and wherever situated, as well as the revenues and income therefrom, all upon such terms and conditions as the board of directors shall determine, to secure indebtedness of the cooperative in the ordinary course of the cooperative’s electric business.
(b) The board of directors of a cooperative shall have full power and authority, with the approval of two-thirds of the members of the cooperative voting on such authorization, to authorize the execution and delivery of a mortgage or mortgages or a deed of trust of, or the pledging or encumbering of, any or all of the property, assets, rights, privileges, licenses, franchises, and permits of the cooperative, whether acquired or to be acquired, and wherever situated, as well as the revenues and income therefrom, upon such terms and conditions as the board of directors shall determine, to secure indebtedness of the cooperative for purposes authorized by statute other than operation of the cooperative’s electric business.
(c) No more than 50 percent of the member equity of an electric cooperative subject to the provisions of this chapter may be used to invest in all business activities authorized by statute, other than electric business activities. Each individual investment by the electric cooperative in a business activity authorized by statute, other than electric, exceeding three percent of the members’ equity, may be made only with approval of two-thirds of the members voting on such proposal.
(d) Business activities authorized by statute, other than electric, shall be geographically limited to any county in which the cooperative has authority to sell energy or other services furnished by the cooperative when they are made available through its electric distribution facilities, or any county in which an authorized business is presently serving. (Amended 1969, No. 192 (Adj. Sess.), eff. March 12, 1970; 1999, No. 143 (Adj. Sess.), § 21.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3032. Sale or lease of assets

§ 3032. Sale or lease of assets
A cooperative may not sell, lease, or otherwise dispose of all or a substantial portion of its property unless such sale, lease, or other disposition is authorized by the affirmative vote of not less than a majority of all the members of the cooperative. Members may vote in person or in a manner authorized under section 3011 of this title. (Amended 1999, No. 143 (Adj. Sess.), § 22.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3034. Mortgages, filing

§ 3034. Mortgages, filing
A mortgage, deed of trust, or other instrument executed by a cooperative or foreign corporation doing business in this State pursuant to this chapter, which affects real and personal property and which is recorded in the town in which such property is located or is to be located, shall have the same force and effect as if the mortgage, deed of trust, or other instrument were also recorded, filed, or indexed as provided by law in the proper office in such town as a mortgage of personal property. All after-acquired property of such cooperative or foreign corporation described or referred to as being mortgaged or pledged in such mortgage, deed of trust, or other instrument, shall become subject to the lien thereof immediately upon the acquisition of such property by such cooperative or foreign corporation, whether or not such property was in existence at the time of the execution of such mortgage, deed of trust, or other instrument. Recordation of such mortgage, deed of trust, or other instrument shall constitute notice and otherwise have the same effect with respect to such after-acquired property as it has under the laws relating to recordation, with respect to property owned by such cooperative or foreign corporation at the time of the execution of such mortgage, deed of trust, or other instrument and therein described or referred to as being mortgaged or pledged thereby.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3036. Acknowledgments, members authorized

§ 3036. Acknowledgments, members authorized
A person who is authorized to take acknowledgments under the laws of this State shall not be disqualified from taking acknowledgments of instruments executed in favor of a cooperative or to which it is a party, by reason of being an officer, director, or member of such cooperative. (Amended 1999, No. 143 (Adj. Sess.), § 24.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3037. Foreign companies, service of process

§ 3037. Foreign companies, service of process
A foreign nonprofit or cooperative corporation supplying or authorized to supply electric energy and owning or operating electric transmission or distribution lines in an adjacent state, prior to March 26, 1943, may construct or acquire extensions of such lines in this State within an area no point of which is more than 25 miles from the boundary line of this State and may operate such extensions without qualifying as a foreign corporation to do business in this State. Before constructing or operating such extensions, by an instrument executed and acknowledged on its behalf by its president or vice president, under its seal attested by its clerk or secretary, and filed with the Secretary of State, which instrument shall be in form and substance like that prescribed by 11 V.S.A. § 692, such a corporation shall designate the Secretary of State its agent to accept service of process on its behalf. Thereafter, such corporation shall have all the rights, powers, privileges, and immunities of a cooperative. Service of process shall be made upon the Secretary of State in accordance with the provisions of 12 V.S.A. §§ 851 and 852 and he or she shall forthwith forward one copy of the same by registered mail to such corporation at the address of its principal office.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3038. Fees

§ 3038. Fees
(a) There shall be paid to the Secretary of State fees for filing as follows:
(1) Articles of incorporation, $15.00;
(2) Articles of amendment, $10.00;
(3) Articles of consolidation or merger, $15.00;
(4) Articles of conversion, $10.00;
(5) Certificate of election to dissolve, $5.00;
(6) Articles of dissolution, $5.00; and
(7) Certificate of change of principal office, $5.00.
(b) Such fees shall include two certified copies of the respective instruments. (Amended 1963, No. 37, § 19.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3041. Securities act

§ 3041. Securities act
The provisions of 9 V.S.A. chapter 131 shall not apply to a note, bond, or other evidence of indebtedness issued by a cooperative or foreign corporation doing business in this State pursuant to this chapter, to the United States of America or an agency or instrumentality thereof, or to a mortgage, deed of trust, or other instrument executed to secure the same. The provisions of 9 V.S.A. chapter 131 shall not apply to the issuance of membership certificates by a cooperative or such foreign corporations.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3042. Annual reports

§ 3042. Annual reports
Each cooperative formed under the provisions of this chapter shall prepare and submit to its annual meeting a report containing the name of the cooperative, its principal place of business, a general statement of its business operations during the fiscal year, including a statement of its assets and liabilities, the amount of its indebtedness secured by mortgage or pledge of the corporate property or part thereof, and the names of the directors, officers, and secretary. A copy of the annual report attested by the secretary shall be filed with the Secretary of State within 30 days after the annual meeting. (Amended 1999, No. 143 (Adj. Sess.), § 25.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3043. Formation of cooperatives by cooperatives

§ 3043. Formation of cooperatives by cooperatives
(a) Notwithstanding any other provision of this chapter, one or more cooperatives formed under the provisions of this chapter may organize and control a cooperative having as its principal purpose the generation, manufacture, purchase, acquisition, accumulation, transmission, sale, supply, and disposal of energy, cable television, telecommunications, interactive media, and Internet access. Such a cooperative shall have all of the powers of cooperatives formed under the provisions of this chapter.
(b) Members of a cooperative organized pursuant to subsection (a) of this section shall be the cooperative or cooperatives organizing it and may include any individual, partnership, association, corporation, municipality, or cooperative engaged in the generation, transmission, or distribution of energy within or without the State of Vermont. The bylaws of a cooperative organized pursuant to subsection (a) of this section may provide for more than one class of membership, including a class or classes with no rights or with limited rights to vote on matters requiring the vote of members under this chapter, and including a class or classes with no rights or limited rights to receive distributions of patronage refunds. (Added 1979, No. 51, § 1, eff. April 25, 1979; amended 1999, No. 143 (Adj. Sess.), § 26.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3044. Approval by members of cooperative

§ 3044. Approval by members of cooperative
(a) With respect to matters not subject to section 248 of this title, a cooperative established under this chapter shall obtain the approval of the voters of the cooperative before in any way:
(1) purchasing electric capacity or energy from outside the State:
(A) for a period exceeding five years, that represents more than three percent of its historic peak demand, unless the purchase is from a plant that produces electricity from renewable energy; or
(B) for a period exceeding 10 years, that represents more than 10 percent of its historic peak demand, if the purchase is from a plant that produces electricity from renewable energy;
(2) investing in an electric generation or transmission facility located outside this State; or
(3) beginning site preparation for or construction of an electric generation facility within the State, or an electric transmission facility within the State that is designed for immediate or eventual operation at any voltage or exercising the right of eminent domain in connection with site preparation for or construction of any such transmission or generation facility, except for the replacement of existing facilities with equivalent facilities in the usual course of business.
(b) A cooperative shall obtain the approval required by subsection (a) of this section by a vote of a majority of the voters of the cooperative voting upon the question at a duly warned annual or special meeting to be held for that purpose. Prior to the meeting, the cooperative may provide to the voters an assessment of any risks and benefits of the proposed action.
(c) In this section, “plant” and “renewable energy” have the same meaning as in section 8002 of this title. (Added 1985, No. 48, § 4; amended 2015, No. 130 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3045. Conservation and load management

§ 3045. Conservation and load management
(a) Cooperatives may expend their funds, including the proceeds of their notes, bonds, or other obligations, for the purposes of modifying demand for electric capacity or energy through conservation or load management by participation in such facilities, projects, and programs as the governing board of the cooperative determines will effectively accomplish such purposes. Such facilities, projects, and programs may include providing or financing facilities or programs for conservation or load management, which may be: (i) owned or operated by the cooperative or by others, (ii) leased or licensed by the cooperative to others, or financed by loans by the cooperative to others, in either case on such terms and conditions as the governing board of the cooperative may determine.
(b) A cooperative may issue its notes, bonds, or other obligations pursuant to any statutory authority conferring such power for carrying out the purposes of this section. (Added 1989, No. 112, § 5a, eff. June 22, 1989.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3047. Cost allocations; subsidization prohibited

§ 3047. Cost allocations; subsidization prohibited
In carrying out the purposes of this chapter, the electric revenues received from regulated activities of a cooperative shall not subsidize any nonelectric activities of the cooperative. A cooperative shall adopt cost allocation procedures to ensure that the electrical distribution revenues received from regulated activities of a cooperative do not subsidize any of the nonelectric activities and that costs attributable to any nonelectric activities are not included in the cooperative’s rates for electric service. A copy of the cost allocation procedures shall be available to the public upon request. (Added 1999, No. 143 (Adj. Sess.), § 27; amended 2019, No. 79, § 12, eff. June 20, 2019.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 82 - Communications Union Districts › § 3051. Formation

§ 3051. Formation
(a) Two or more towns and cities may elect to form a communications union district for the delivery of communications services and the operation of a communications plant, which district shall be a body politic and corporate.
(b) A town or city electing to form a district under this chapter shall submit to the eligible voters of such municipality a proposition in substantially the following form: “Shall the Town of ______ enter into a communications union district to be known as ______ , under the provisions of 30 V.S.A. chapter 82?” at an annual or special meeting of such town or city.
(c) Additional towns or cities may be admitted to the district in the manner provided in section 3082 of this chapter.
(d) As used in this chapter:
(1) “Communications plant” means any and all parts of any communications system owned by the district, whether using wires, cables, fiber optics, wireless, other technologies, or a combination thereof, and used for the purpose of transporting or storing information, in whatever forms, directions, and media, together with any improvements thereto hereafter constructed or acquired, and all other facilities, equipment, and appurtenances necessary or appropriate to such system. However, the term “communications plant” and any regulatory implications or any restrictions under this chapter regarding a “communications plant” shall not apply to facilities or portions of any communications facilities intended for use by, and solely used by, a district member and its own officers and employees in the operation of municipal departments or systems of which such communications are merely an ancillary component.
(2) “Communications union district” or “district” means a communications union district formed under this chapter.
(3) “District member” or “member municipality” means a town or city that elects to form or join a communications union district under this chapter.
(4) “Governing board” or “board” means the governing board of the communications union district as established under this chapter. (Added 2015, No. 41, § 20, eff. June 1, 2015.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 82 - Communications Union Districts › § 3052. District composition

§ 3052. District composition
A district formed under this chapter shall be composed of and include all of the lands and residents within a member municipality, and any other town or city subsequently admitted to the district as provided in this chapter except for those towns and cities that withdraw as provided in this chapter. Registered voters in each member municipality are eligible to vote in all district meetings, but only district member representatives are eligible to vote in meetings of the district’s governing board. (Added 2015, No. 41, § 20, eff. June 1, 2015.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 82 - Communications Union Districts › § 3053. Creation; duration; noncontestability

§ 3053. Creation; duration; noncontestability
(a) Following the organizational meeting called for in section 3060 of this chapter, the district’s governing board shall cause to be filed with the Office of the Secretary of State a certificate attesting to the vote conducted under subsection 3051(b) of this chapter.
(b) A district formed under this chapter shall continue as a body politic and corporate unless and until dissolved according to the procedures set forth in this chapter.
(c) An action shall not be brought directly or indirectly challenging, questioning, or in any manner contesting the legality of the formation, or the existence as a body corporate and politic of any communications union district created under this chapter after six months from the date of the recording in the office of the Secretary of State of the certificate required by subsection (a) of this section. An action shall not be brought directly or indirectly challenging, questioning, or in any manner contesting the legality or validity of any bonds issued to defray costs of communications plant improvements approved by the board, after six months from the date upon which the board voted affirmatively to issue such bonds. This section shall be liberally construed to effect the legislative purpose to validate and make certain the legal existence of all communications union districts in this State and the validity of bonds issued or authorized for communications plant improvements, and to bar every remedy therefor notwithstanding any defects or irregularities, jurisdictional or otherwise, after expiration of the six-month period. The provisions of this subsection shall also pertain to financial contracts directly related to the district’s bonding authority.
(d) To the extent a district constructs communications infrastructure with the intent of providing communications services, the district shall ensure that any and all losses from these services, or in the event these services are abandoned or curtailed, any and all costs associated with the investment in communications infrastructure, are not borne by the taxpayers of district members. (Added 2015, No. 41, § 20, eff. June 1, 2015.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 82 - Communications Union Districts › § 3056. Limitations; taxes; indebtedness

§ 3056. Limitations; taxes; indebtedness
(a) Notwithstanding any grant of authority in this chapter to the contrary, a district shall not accept funds generated by a member’s taxing or assessment power.
(b) Notwithstanding any grant of authority in this chapter to the contrary, a district shall not have the power to levy, assess, apportion, or collect any tax upon property within the district, nor upon any of its members, without specific authorization of the General Assembly.
(c) Notwithstanding any grant of authority in this chapter to the contrary, every issue of a district’s notes and bonds shall be payable only out of any revenues or monies of the district. (Added 2015, No. 41, § 20, eff. June 1, 2015.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 82 - Communications Union Districts › § 3057. Board authority

§ 3057. Board authority
The legislative power and authority of a district and the administration and the general supervision of all fiscal, prudential, and governmental affairs thereof shall be vested in a legislative body known as the governing board, except as specifically provided otherwise in this chapter. (Added 2015, No. 41, § 20, eff. June 1, 2015.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 82 - Communications Union Districts › § 3059. Appointment

§ 3059. Appointment
Annually on or before the last Monday in April, the legislative body of each member shall appoint a representative and one or more alternates to the governing board for one-year terms. Appointments of representatives and alternates shall be in writing, signed by the chair of the legislative body of the appointing member, and presented to the clerk of the district. The legislative body of a member, by majority vote, may replace its appointed representative or alternate at any time and shall promptly notify the district clerk of such replacement. Initial appointments shall be made within 60 days of the vote to form a district under subsection 3051(b) of this title and initial terms may be for less than one year. (Added 2015, No. 41, § 20, eff. June 1, 2015; amended 2019, No. 119 (Adj. Sess.), § 2, eff. June 23, 2020.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 82 - Communications Union Districts › § 3060. Organizational meeting

§ 3060. Organizational meeting
Annually, on the second Tuesday in May following the appointments contemplated in section 3059 of this chapter, the board shall hold its organizational meeting. At such meeting, the board shall elect from among its appointed representatives a chair and a vice chair, each of whom shall hold office for one year and until his or her successor is duly elected. The board’s initial organizational meeting shall be held within 90 days of the vote to form a district under subsection 3051(b) of this title. (Added 2015, No. 41, § 20, eff. June 1, 2015; amended 2019, No. 119 (Adj. Sess.), § 3, eff. June 23, 2020.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 82 - Communications Union Districts › § 3061. Quorum

§ 3061. Quorum
For the purpose of transacting business, the presence of delegates or alternates representing more than 50 percent of district members shall constitute a quorum. However, a smaller number may adjourn to another date. Any action adopted by a majority of the votes cast at a meeting of the board at which a quorum is present shall be the action of the board, except as otherwise provided in this chapter. (Added 2015, No. 41, § 20, eff. June 1, 2015.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 82 - Communications Union Districts › § 3063. Term

§ 3063. Term
Unless replaced in the manner provided in section 3059 of this chapter, a representative on the governing board shall hold office until his or her successor is duly appointed. Any representative or alternate may be reappointed to successive terms without limit. (Added 2015, No. 41, § 20, eff. June 1, 2015.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 82 - Communications Union Districts › § 3064. Vacancy

§ 3064. Vacancy
Any vacancy on the board shall be filled within 30 days after such vacancy occurs by appointment by the authority which appointed the representative or alternate whose position has become vacant. An appointee to a vacancy shall serve until the expiration of the term of the representative or alternate to whose position the appointment was made and may thereafter be reappointed. (Added 2015, No. 41, § 20, eff. June 1, 2015.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 82 - Communications Union Districts › § 3066. Compensation of representatives

§ 3066. Compensation of representatives
Each district member may reimburse its representative to the governing board for expenses as it determines reasonable, except as provided in section 3072 of this chapter with respect to district officers. (Added 2015, No. 41, § 20, eff. June 1, 2015.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 82 - Communications Union Districts › § 3067. Officers; bond

§ 3067. Officers; bond
(a) The officers of the district shall be the chair and the vice chair of the board, the clerk of the district, and the treasurer of the district. Prior to assuming their offices, officers may be required to post bond in such amounts as shall be determined by resolution of the board. The cost of such bond shall be borne by the district.
(b) The chair shall preside at all meetings of the board and shall make and sign all contracts on behalf of the district upon approval by the board. The chair shall perform all duties incident to the position and office as required by the general laws of the State.
(c) During the absence of or inability of the chair to render or perform his or her duties or exercise his or her powers, the same shall be performed and exercised by the vice chair and when so acting, the vice chair shall have all the powers and be subject to all the responsibilities hereby given to or imposed upon the chair.
(d) During the absence or inability of the vice chair to render or perform his or her duties or exercise his or her powers, the board shall elect from among its membership an acting vice chair who shall have the powers and be subject to all the responsibilities hereby given or imposed upon the vice chair.
(e) Upon the death, disability, resignation, or removal of the chair or vice chair, the board shall forthwith elect a successor to such vacant office until the next annual meeting. (Added 2015, No. 41, § 20, eff. June 1, 2015.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 82 - Communications Union Districts › § 3068. Clerk

§ 3068. Clerk
The clerk of the district shall be appointed by the board, and shall serve at its pleasure. The clerk is not required to be a member of the governing board. The clerk shall have the exclusive charge and custody of the records of the district and the seal of the district. The clerk shall record all votes and proceedings of the district, including district and board meetings, and shall prepare and cause to be posted and published all warnings of meetings of such meetings. Following approval by the board, the clerk shall cause the annual report to be distributed to the legislative bodies of the district members. The clerk shall prepare and distribute any other reports required by State law and resolutions or regulations of the board. The clerk shall perform all duties and functions incident to the office of secretary or clerk of a body corporate. (Added 2015, No. 41, § 20, eff. June 1, 2015.)