reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 29 - Public Property and Supplies › Chapter 59 - Surplus Property › § 1557. Transfer charges and credits

§ 1557. Transfer charges and credits
(a) The Commissioner of Buildings and General Services shall establish a system of transfer charges and credits by which an agency or department shall be charged for the receipt of surplus property together with reasonable costs of transfer and reconditioning; and by which an agency or department shall be credited with the proceeds of any sale or transfer of surplus property less any costs of transfer and reconditioning.
(b) Transfer charges and credits shall be made against the appropriation of the respective department or agency. Funds credited shall be classified as special funds, and managed in accordance with 32 V.S.A. chapter 7, subchapter 5; provided, however, that any funds credited to the Agency of Transportation shall be transferred to the Transportation Fund. (Added 1979, No. 164 (Adj. Sess.), § 1, eff. April 25, 1980; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 1995, No. 178 (Adj. Sess.), § 421, eff. May 22, 1996; 2009, No. 50, § 67.)
2023 Vermont Statutes › Title 29 - Public Property and Supplies › Chapter 61 - Municipal Equipment Loan Fund › § 1601. Municipal equipment loan fund

§ 1601. Municipal equipment loan fund
(a) There is hereby created a municipal equipment loan fund for the purpose of providing loans on favorable terms to municipalities for the purchase of construction, fire, emergency, or heavy equipment or vehicles.
(b) The Municipal Equipment Loan Fund shall be administered by the State Treasurer and the State Traffic Committee, pursuant to policies and procedures approved by the Traffic Committee established by 19 V.S.A. § 1(24). The Committee shall establish criteria for distribution of available loan funds among municipalities considering at least financial need, geographic distribution, and ability to repay. The Fund shall be a revolving fund and all principal and interest earned on loans and the Fund balance remaining in the Fund at the end of any fiscal year shall not revert but be carried over in the Fund for use in the succeeding fiscal year. (Added 1985, No. 187 (Adj. Sess.), § 3; amended 1987, No. 89, § 314c; 2019, No. 131 (Adj. Sess.), § 289.)
2023 Vermont Statutes › Title 29 - Public Property and Supplies › Chapter 61 - Municipal Equipment Loan Fund › § 1602. Application; loans; conditions

§ 1602. Application; loans; conditions
(a) Upon application of a municipality or two or more municipalities applying jointly, the State Treasurer may loan money from the Fund to that municipality or municipalities for the purchase of equipment. Purchases of equipment eligible for loans from the Fund shall have a useful life of at least five years and a purchase price of at least $20,000.00 but shall not be eligible for loans in excess of $110,000.00 from this Fund.
(b) The Treasurer is authorized to establish terms and conditions, including repayment schedules of up to five years for loans from the Fund to ensure repayment of loans to the Fund. Before a municipality may receive a loan from the Fund, it shall give to the Treasurer security for the repayment of the funds. The security shall be in such form and amount as the Treasurer may determine and may include a lien on the equipment financed by the loan.
(c) The rates of interest shall be as established by this section to assist municipalities in purchasing equipment upon terms more favorable than in the commercial market. Such rates shall be no more than two percent per annum for a loan to a single municipality, and loans shall bear no interest charge if made to two or more municipalities purchasing equipment jointly.
(d) In any fiscal year, new loans from the Municipal Equipment Fund shall not exceed an aggregate of $1,500,000.00. (Added 1985, No. 187 (Adj. Sess.), § 3; amended 1987, No. 89, § 314c; 1991, No. 172 (Adj. Sess.), §§ 1, 2; 1999, No. 156 (Adj. Sess.), § 46, eff. May 29, 2000; 2005, No. 175 (Adj. Sess.), § 24.)
2023 Vermont Statutes › Title 29 - Public Property and Supplies › Chapter 61 - Municipal Equipment Loan Fund › § 1603. Joint purchasing

§ 1603. Joint purchasing
The Secretary of Transportation and the Commissioner of Buildings and General Services, or their designees, shall develop and promote a program of joint purchasing with the municipalities by which purchases of equipment by the State are combined, where possible, with purchases of equipment by any municipality electing to participate in order to obtain volume purchasing discounts and other purchasing benefits. (Added 1985, No. 187 (Adj. Sess.), § 3; amended 1987, No. 89, § 314c; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 1 - Appointment, General Powers, and Duties › § 1. Composition of Department

§ 1. Composition of Department
(a) The Department of Public Service shall consist of the Commissioner of Public Service, a Director for Regulated Utility Planning, a Director for Public Advocacy, a Director for Energy Efficiency, a Director for Telecommunications and Connectivity, and such other persons as the Commissioner considers necessary to conduct the business of the Department.
(b) The Commissioner shall be appointed by the Governor with the advice and consent of the Senate. The Commissioner shall serve for a term of two years beginning on February 1 of the year in which the appointment is made. The Commissioner shall serve at the pleasure of the Governor. The Directors for Regulated Utility Planning, for Public Advocacy, and for Energy Efficiency shall be appointed by the Commissioner. The Director for Telecommunications and Connectivity shall be appointed by the Commissioner in consultation with the Secretary of Administration.
(c) The Directors for Public Advocacy and for Telecommunications and Connectivity may employ, with the approval of the Commissioner, legal counsel and other experts, and clerical assistance, and the Directors for Regulated Utility Planning and for Energy Efficiency may employ, with the approval of the Commissioner, experts and clerical assistance. (Amended 1959, No. 329 (Adj. Sess.), §§ 38, 39(b), eff. March 1, 1961; 1979, No. 204 (Adj. Sess.), § 1, eff. Feb. 1, 1981; 1989, No. 238 (Adj. Sess.), § 1, eff. June 4, 1990; 2015, No. 41, § 2.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 1 - Appointment, General Powers, and Duties › § 4. Qualifications of members, commissioners, and clerk

§ 4. Qualifications of members, commissioners, and clerk
A person in the employ of or holding any official relation to any company subject to the supervision of the Commission, or engaged in the management of such company, or owning stock, bonds, or other securities thereof, or who is, in any manner, connected with the operation of such company in this State, shall not be a member or clerk of the Commission or Commissioner of Public Service; nor shall any person holding the office of member, clerk of the Commission, or Commissioner of Public Service personally or in connection with a partner or agent, render professional service for or against or make or perform any business contract with any company subject to such supervision, relating to the business of such company, except contracts made with them as common carriers or in regular course of public service; nor shall such person, directly or indirectly, receive from any such company any commission, present, or reward. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1979, No. 204 (Adj. Sess.), § 4, eff. Feb. 1, 1981.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 1 - Appointment, General Powers, and Duties › § 5. Clerk; oath

§ 5. Clerk; oath
The Commission shall appoint a clerk, who shall serve during its pleasure. The Commission members and clerk shall be sworn to the faithful discharge of the duties of their offices and, before entering upon the same, shall file a certificate of their oaths for record in the Office of the Secretary of State. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), (c), eff. March 1, 1961.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 1 - Appointment, General Powers, and Duties › § 6. Powers and duties of clerk

§ 6. Powers and duties of clerk
The clerk shall have the custody of the seal of the Commission, keep a full record of its proceedings, file and preserve at its office all documents and papers entrusted to his or her care, prepare such papers and notices as may be required by the Commission, and perform such other duties as it may prescribe. The clerk shall have power, under the direction of the Commission, to issue subpoenas for witnesses and to administer oaths in all cases before the Commission or pertaining to the duties of the office. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 21, § 2, eff. May 12, 1993.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 1 - Appointment, General Powers, and Duties › § 7. Quorum; meetings

§ 7. Quorum; meetings
Two Commission members shall constitute a quorum for the transaction of any business. Meetings of the Commission may be held at any time or place within the State upon call of the Chair or the other two members, after a reasonable notice to the other members, and shall be held at such times and places as in the judgment of the Commission will best serve the convenience of all parties in interest. (Amended 1959, No. 329 (Adj. Sess.), § 39(a), (b), eff. March 1, 1961; 1993, No. 21, § 3, eff. May 12, 1993.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 1 - Appointment, General Powers, and Duties › § 8. Powers of single Commission member or other officer or employee

§ 8. Powers of single Commission member or other officer or employee
(a) One Commission member or any officer or employee of the Commission duly appointed by the Chair of the Commission may inquire into and examine any matter within the jurisdiction of the Commission.
(b) A hearing officer may administer oaths in all cases, so far as the exercise of that power is properly incidental to the performance of his or her duty or that of the Commission. A hearing officer may hold any hearing in any matter within the jurisdiction of the Commission to hear.
(c) A hearing officer shall report his or her findings of fact in writing to the Commission in the form of a proposal for decision. A copy shall be served upon the parties pursuant to 3 V.S.A. § 811. However, judgment on such findings shall be rendered only by a majority of the Commission.
(d) At least 12 days prior to a hearing before the Commission or a hearing officer, the Commission shall give written notice of the time and place of the hearing to all parties to the case and shall indicate the name and title of the person designated to conduct the hearing.
(e) Upon written request to the Commission at least five days prior to the hearing by all parties to the case, the Chair shall appoint at least a majority of the Commission to conduct the hearing.
(f) Notwithstanding subsection (c) of this section, the Chair may appoint a hearing officer to hear and finally determine any consumer complaint where the amount in controversy does not exceed $2,000.00. Upon petition of a party, filed within 30 days of issuance of the hearing officer’s decision and order, or on its own motion, the Commission may determine that the hearing officer’s decision and order should be treated as a proposal for decision and order as provided in subsection (c) of this section. The Commission may grant such request for good cause, including apparent error of fact, or procedural or substantive law, and may conduct additional evidentiary hearings or hear oral argument from the parties. If such request is not timely made, or is not granted by the Commission, the decision and order of the hearing officer shall become the final decision and order of the Commission. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), (c), eff. March 1, 1961; 1971, No. 180 (Adj. Sess.), § 1, eff. March 28, 1972; 1973, No. 96; 1993, No. 21, § 4, eff. May 12, 1993.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 1 - Appointment, General Powers, and Duties › § 9. Court of record; seal

§ 9. Court of record; seal
The Commission shall have the powers of a court of record in the determination and adjudication of all matters over which it is given jurisdiction. It may render judgments, make orders and decrees, and enforce the same by any suitable process issuable by courts in this State. The Commission shall have an official seal on which shall be the words, “State of Vermont. Public Utility Commission. Official Seal.” (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 1 - Appointment, General Powers, and Duties › § 10. Service of process; notice of hearings; temporary restraining orders

§ 10. Service of process; notice of hearings; temporary restraining orders
(a) All processes issued by the Commission shall state the time and place of return, in those cases where return is to be made to the Commission. Orders, notices, and other processes issued by the Commission shall be served personally or by first class mail, except that the Commission may direct that service be made by registered or certified mail. If the whereabouts of a person are unknown, or if the number of respondents is so great that personal service or service by mail is impracticable, service may be made by publication.
(b) Except as provided in subsections (c), (d), and (e) of this section, the Commission shall give 12 days’ notice of all hearings.
(c) A scheduling or procedural conference may be held upon any reasonable notice.
(d) An evidentiary hearing, once commenced upon proper notice, may be continued to a subsequent date upon any reasonable notice.
(e) Notwithstanding any other provision in this section, the Commission or a single member may grant temporary restraining orders in the manner provided by and subject to limitations prescribed by the Vermont Rules of Civil Procedure.
(f) The provisions of sections 110-124 of this title relating to process and notice in condemnation cases shall not be affected by this section. (Amended 1959, No. 186, § 1, eff. May 20, 1959; 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1975, No. 59, § 1, eff. April 18, 1975; 1975, No. 212 (Adj. Sess.), § 1; 1985, No. 103 (Adj. Sess.); 1993, No. 21, § 5, eff. May 12, 1993; 2019, No. 31, § 22.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 1 - Appointment, General Powers, and Duties › § 12. Review by Supreme Court

§ 12. Review by Supreme Court
A party to a cause who feels aggrieved by the final order, judgment, or decree of the Commission may appeal to the Supreme Court. However, the Commission, in its discretion and before final judgment, may permit an appeal to be taken by any party to the Supreme Court for determination of questions of law in such manner as the Supreme Court may by rule provide for appeals before final judgment from a Superior Court. Notwithstanding the provisions of the Vermont Rules of Civil Procedure or the Vermont Rules of Appellate Procedure, neither the time for filing a notice of appeal nor the filing of a notice of appeal, as provided herein, shall operate as a stay of enforcement of an order of the Commission unless the Commission or the Supreme Court grants a stay under the provisions of section 14 of this title. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1967, No. 205, § 1; 1971, No. 242 (Adj. Sess.); 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 188.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 1 - Appointment, General Powers, and Duties › § 14. Powers of Supreme Court

§ 14. Powers of Supreme Court
The Supreme Court may reverse or affirm the judgments, orders, or decrees of the Commission and may remand a cause to it with such mandates, as law or equity shall require; and the Commission shall enter judgment, order, or decree in accordance with such mandates. The transfer of the cause to the Supreme Court shall not vacate any judgment, order, or decree of the Commission, but the Supreme Court or, when not in session, a Justice thereof upon notice to interested parties, may suspend execution of the same as justice and equity require, unless otherwise specifically provided by law; provided, however, that the execution of rate orders shall not be suspended at the request of a utility unless the utility files with the Commission a bond running to the members of the Commission and their successors in office in an amount and with sureties approved by the Court or a Justice thereof conditioned that within 30 days after the termination of the proceedings the company shall repay to the persons from whom collected and after the effective date of the Commission’s final order all sums in excess of the rates finally determined to be just and reasonable. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 263, § 4(c), eff. July 31, 1961.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 1 - Appointment, General Powers, and Duties › § 15. Decree of Commission; enforcement

§ 15. Decree of Commission; enforcement
A party to an order or decree of the Public Utility Commission or the Commission itself, or both, may complain to the Supreme Court for relief against any disobedience of or noncompliance with such order or decree. In such proceedings and upon such notice thereof to the parties as it shall direct, the Supreme Court shall hear and consider such petition and make such order and decree in the premises by way of writ of mandamus, writ of prohibition, injunction, or otherwise, concerning the enforcement of such order and decree of the Public Utility Commission as to law and equity shall appertain. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 1 - Appointment, General Powers, and Duties › § 17. Fees of witnesses; duties of clerk

§ 17. Fees of witnesses; duties of clerk
The fees of witnesses before the Commission shall be the same as in the Superior Court. In all causes in behalf of or for the convenience or safety of the public, and in the investigation of accidents, the fees of witnesses and the expense of summoning them shall be paid by the clerk of the Commission. From time to time, the clerk shall make requisition on the Commissioner of Finance and Management for money to pay such fees and expenses, and the Commissioner of Finance and Management shall issue warrants therefor. The clerk shall quarterly, on February, May, August, and November 1, render to the Commissioner of Finance and Management an account of his or her receipts and disbursements under this section, and pay any unexpended balance into the State Treasury. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1983, No. 195 (Adj. Sess.), § 5(b).)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 1 - Appointment, General Powers, and Duties › § 18. Production and examination of books; witnesses

§ 18. Production and examination of books; witnesses
So far as is necessary for the performance of its duties, the Public Utility Commission or the Commissioner of Public Service, the Directors for Public Advocacy and Regulated Utility Planning, and any other employee of the Department authorized by the Commissioner shall have power to examine the books, accounts, and papers of any company, receiver, trustee, or lessee owning or operating any line, plant, or property, subject to the Commission’s or the Department’s jurisdiction that in any way relate to or contain entries, data, or memoranda concerning any transaction substantially affecting the interests of the State of Vermont or consumers of utility services within the State, to subpoena witnesses, to administer oaths to them, and to examine them on all matters of which the Commission or Department has jurisdiction. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 183, § 1; 1971, No. 180 (Adj. Sess.), § 2, eff. March 28, 1972; 1979, No. 204 (Adj. Sess.), § 5, eff. Feb. 1, 1981; 1983, No. 230 (Adj. Sess.), § 13.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 1 - Appointment, General Powers, and Duties › § 19. Experts

§ 19. Experts
With the approval of the Governor, the Commission may appoint and employ, at the expense of the State, engineers, accountants, legal counsel, and such number of clerks, stenographers, experts, and temporary employees as it deems necessary in the performance of its duties and in the investigation of matters within its jurisdiction. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1971, No. 191 (Adj. Sess.), § 13.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 1 - Appointment, General Powers, and Duties › § 22a. Use of gross operating revenues tax

§ 22a. Use of gross operating revenues tax
Expenses incurred by the Department for the support of activities relating to wholesale and retail sales of electricity shall be paid from revenues received by the Department from such sales. (Added 1987, No. 272 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 1 - Appointment, General Powers, and Duties › § 23. Public Service Reserve Fund

§ 23. Public Service Reserve Fund
There is hereby created a fund to be known as the Public Service Reserve Fund for the purpose of providing the financial means for the Public Utility Commission and the Department of Public Service to employ legal counsel, official stenographers, and disinterested competent persons to examine into and testify in any matter involved in a hearing under sections 218, 225, 226, and 227 of this title other than the hearings referred to in sections 20 and 21 of this title. Payments into the Public Service Reserve Fund shall be made as follows: All electric distribution companies, cooperative, municipal, and privately owned, which have been allocated a share of St. Lawrence power by the Department, shall pay into the State Treasury for such reserve on or before September 15, 1961 and September 15, 1962, in addition to the taxes now required by law to be paid, a tax to produce a total of $37,500.00 in the aggregate for each such payment to be paid by each such company in proportion to its purchase of St. Lawrence power, during the calendar years 1959 and 1960. Thereafter, on June 30 of each year, there shall be deducted from the balance in the special fund for the maintenance of the Department’s engineering and accounting force and personnel employed by the Commission the tax revenues payable under section 22 of this title in that year, and the balance thus determined shall be transferred from the special fund for the maintenance of the engineering and accounting force to the Public Service Reserve Fund; provided, however, that, if at June 30 of any year the balance in such public service reserve fund shall be in excess of $100,000.00, the amount of such excess shall forthwith be transferred to the General Fund. (Added 1961, No. 258, § 2, eff. July 31, 1961; amended 1979, No. 204 (Adj. Sess.), § 9, eff. Feb. 1, 1981.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 1 - Appointment, General Powers, and Duties › § 24. Payments from special funds; biennial report

§ 24. Payments from special funds; biennial report
All payments from the special fund for the maintenance of the engineering and accounting forces and from the Public Service Reserve Fund shall be dispensed from the State Treasury only upon warrants issued by the Commissioner of Finance and Management after receipt of proper statements describing services rendered and expenses incurred. A complete, detailed, and full accounting of all receipts from the taxes assessed in sections 22 and 23 of this title and all disbursements from the special fund for the maintenance of the engineering and accounting forces and from the Public Service Reserve Fund shall be contained in the Department’s biennial report to the General Assembly. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this section. (Added 1961, No. 258, § 2, eff. July 31, 1961; amended 1979, No. 204 (Adj. Sess.), § 10, eff. Feb. 1, 1981; 1983, No. 195 (Adj. Sess.), § 5; 2011, No. 139 (Adj. Sess.), § 28, eff. May 14, 2012.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 1 - Appointment, General Powers, and Duties › § 25. Assessment

§ 25. Assessment
When the Department of Public Service discovers from the examination of the return or otherwise that the revenue of any company, or any portion thereof, has not been assessed, it may at any time within two years after the time when the return was due, assess the same and give notice to the company of such assessment, and within 30 days such company shall thereupon have an opportunity to confer with the Department as to the proposed assessment. The limitation of two years to the assessment of such tax or additional tax shall not apply to the assessment of additional taxes upon fraudulent returns. After the expiration of 30 days from such notification, the Department shall reassess the revenue of such company or any portion thereof which it finds has not theretofore been assessed and shall give notice to the company so reassessed, of the amount of the tax and interest and penalties, if any, and the amount thereof shall be due and payable within 10 days from the date of such notice. No additional tax amounting to less than $1.00 shall be assessed. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1979, No. 204 (Adj. Sess.), § 11, eff. Feb. 1, 1981.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 1 - Appointment, General Powers, and Duties › § 26. Penalty

§ 26. Penalty
When such annual report for any year is not rendered to the Department of Public Service and the tax due thereon is not paid on or before April 15 next following, there shall be added to the tax an additional amount equal to five percent thereof or $1.00, whichever is greater, if such return is made and tax paid within 15 days after becoming due, and 25 percent of the tax or $10.00, whichever is greater, if such return is not made and tax paid within 15 days after becoming due. When a company, which has failed to file such return or has filed an incorrect or insufficient return and has been notified by the Department of its delinquency refuses or neglects within 20 days after such notice to file a proper return, or files a fraudulent return, the Department shall determine the tax due according to its best information and belief and shall increase the amount of the tax so determined by 50 percent or $20.00, whichever is greater. No assessment shall be made under this section unless made within two years from the date on which a correct return should have been filed but the limitation of two years to the assessment of such tax or additional tax shall not apply to the assessment of additional taxes upon fraudulent returns. In its discretion, the Department may waive the penalties mentioned in this section if it is satisfied that the default was for any justifiable cause, and it may extend the time for filing returns or paying such tax, not to exceed two months. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1979, No. 204 (Adj. Sess.), § 12, eff. Feb. 1, 1981.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 1 - Appointment, General Powers, and Duties › § 27. Review

§ 27. Review
The assessment by the Commission or Department of Public Service of any tax or penalty under the provisions of sections 20-25 of this title may be appealed to the Washington Superior Court. The appeal shall be filed within 90 days after the receipt by the company or its agent of written notice by the Commission or Department of its assessment. Thereupon, appropriate proceedings shall be had and the relief, if any, to which the company may be found entitled may be granted and any taxes, interest, or penalties paid, found by the Court to be illegally assessed, shall be ordered refunded to the company with interest at six percent per annum from the time of payment, with costs, and judgment entered accordingly. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1979, No. 204 (Adj. Sess.), § 13, eff. Feb. 1, 1981; 1997, No. 161 (Adj. Sess.), § 20, eff. Jan. 1, 1998.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 1 - Appointment, General Powers, and Duties › § 28. Hearings

§ 28. Hearings
For the purpose of ascertaining the correctness of any return or for the purpose of making an estimate of the taxes due from any company, the Department of Public Service shall have power to examine or cause to be examined by any agent or representative designated by it for that purpose any books, papers, records, or memoranda of the company or of any person or corporation in the State bearing upon the matters required to be included in the return, and may require the attendance of any person having knowledge in the premises, at any place in the county where such person resides, and may take testimony and require proof material for its information, with power to administer an oath to such person. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1979, No. 204 (Adj. Sess.), § 14, eff. Feb. 1, 1981.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 1 - Appointment, General Powers, and Duties › § 29. Right of inspection

§ 29. Right of inspection
The Public Utility Commission or the Commissioner of Public Service, the Directors for Public Advocacy and Regulated Utility Planning, and other employees of the Department authorized by the Commissioner may, during business hours, enter the offices, plants, exchanges, and stations or upon the land or lines of any company subject to supervision by the Department. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1979, No. 204 (Adj. Sess.), § 15, eff. Feb. 1, 1981.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 1 - Appointment, General Powers, and Duties › § 31. Depositions

§ 31. Depositions
The Commission or the Department of Public Service, their representatives, or any party in any investigation or hearing conducted by virtue of this title may cause the depositions of witnesses, wherever residing, to be taken in such manner and used for such purposes as the Supreme Court may by rule provide for taking depositions in civil actions in the Superior Court. (Added 1961, No. 263, § 10, eff. July 31, 1961; amended 1971, No. 185 (Adj. Sess.), § 212, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1979, No. 204 (Adj. Sess.), § 17, eff. Feb. 1, 1981.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 1 - Appointment, General Powers, and Duties › § 32. Injunction proceedings

§ 32. Injunction proceedings
Whenever the Department of Public Service is of the opinion that a company subject to its supervision is failing or omitting or is about to fail or omit to do anything required of it by law or by order of the Commission or is doing anything or permitting anything or is about to do anything or to permit anything to be done contrary to or in violation of law or of any order of the Commission, the Department of Public Service may commence an action or proceeding in the Superior Court for the purpose of having such violations or threatened violations stopped and prevented by injunction. Such action or proceeding shall begin by a petition alleging the violation complained of and praying for appropriate relief by way of injunction. It shall thereupon be the duty of the court to specify the time, not exceeding 21 days after service of a copy of the petition, within which the company complained of must answer the petition, and the court may grant a temporary injunction in accordance with the laws of the State and rules in such case made and provided. The obtaining of a temporary injunction shall constitute a waiver by the State of its sovereign immunity to pay the person enjoined damages as such person may sustain by reason for such injunction if the court shall eventually decide that the State was not equitably entitled thereto and the State shall be liable to pay to the person enjoined such sums as would be payable by any other person in the premises. In case of default in answer, or after answer, the court shall immediately inquire into the facts and circumstances in such manner as the court directs without other or formal pleadings and without respect to any technical requirement. Such other persons or corporations as it shall seem to the court necessary or proper to join as parties in order to make its order, judgment, or writs effective may be joined as parties upon application of counsel to the Department. The final judgment in any such action or proceeding shall either dismiss the action or proceeding or direct that an injunction be issued as prayed for in the petition or in such modified form as the court may determine will afford appropriate relief. (Added 1961, No. 263, § 11, eff. July 31, 1961; amended 1979, No. 204 (Adj. Sess.), § 18, eff. Feb. 1, 1981.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 1 - Appointment, General Powers, and Duties › § 33. Joint hearings and investigations

§ 33. Joint hearings and investigations
The Commission shall have full authority to make joint investigations, hold joint hearings within or outside the State of Vermont, and issue joint or concurrent orders in conjunction or concurrence with any official, board, commission, or agency of any state or of the United States, whether, in the holding of such investigations or hearings or in the making of such orders, the Commission shall function under agreements or compacts between states or under the concurrent power of states to regulate interstate commerce, or as an agency of the federal government, or otherwise. (Added 1969, No. 39.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 1 - Appointment, General Powers, and Duties › § 34. Public education on propane tank safety

§ 34. Public education on propane tank safety
The General Assembly finds that there is a need for a coordinated public safety message on the normal storage and handling of propane tanks and fuel oil tanks, and for the recovery of propane tanks and fuel oil tanks that are displaced by a natural disaster, such as flooding. The Department of Public Service, the Division of Fire Safety, and the Agency of Natural Resources shall cooperate with relevant municipal, professional, and industry organizations to develop a variety of educational materials for distribution to the public to provide information on any special treatment of propane tanks that might be required in the event of a natural disaster, such as flooding. (Added 2011, No. 138 (Adj. Sess.), § 37, eff. May 14, 2012.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 2 - Building Energy › § 52. Home energy rating organization accreditation

§ 52. Home energy rating organization accreditation
(a) The Department of Public Service shall carry out an accreditation process for home energy rating organizations, in consultation with representatives of interested parties, including builders, building designers, mortgage lenders, real estate licensees, home appraisers, utilities, nonutility fuel suppliers, the Vermont Housing Finance Agency, and contractors who provide home energy rating services. As part of the accreditation process, the Department of Public Service shall consider any national home energy rating system guidelines and shall determine whether each provider of home energy ratings in the State of Vermont complies with the accreditation criteria adopted pursuant to this section.
(b) Once the Department of Public Service carries out an accreditation process pursuant to subsection (a) of this section, no organization may provide home energy rating services in the State unless the organization has been accredited by the Department.
(c) The Department shall consult with the organizations described in subsection (a) of this section to facilitate a public information program to inform homeowners, renters, sellers, and others regarding the accreditation process and of the statewide home energy rating organizations accredited by the Department. (Added 1997, No. 20, § 1; recodified 2013, No. 89, § 11.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 2 - Building Energy › § 54. Compliance plan

§ 54. Compliance plan
The Commissioner of Public Service:
(1) Shall issue a plan for achieving compliance with the energy standards adopted under this subchapter no later than February 1, 2017 in at least 90 percent of new and renovated residential and commercial building space. In preparing this plan, the Department shall review enforcement mechanisms for building energy codes that have been adopted in other jurisdictions and shall solicit the comments and recommendations of one or more mortgage lenders; builders; building designers; architects; civil, mechanical, and electrical engineers; utility representatives; environmental organizations; consumer advocates; energy efficiency experts; the Attorney General; and other persons who are potentially affected or have relevant expertise.
(2) May:
(A) Establish active training and enforcement programs to meet the energy standards adopted under this subchapter.
(B) Establish a system for measuring the rate of compliance each year with the energy standards adopted under this chapter. If such a system is established, the Commissioner also shall provide for such annual measurement.
(C) Adopt administrative rules pursuant to 3 V.S.A. chapter 25 to implement this subdivision (2). To the extent the implementation of this subdivision (2) places obligations on persons outside the Department of Public Service, such obligations shall be by means of administrative rules. (Added 2009, No. 45, § 13, eff. May 27, 2009; amended 2013, No. 89, §§ 8, 11.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 2 - Building Energy › § 55. Priority housing projects; stretch code

§ 55. Priority housing projects; stretch code
A priority housing project as defined in 10 V.S.A. § 6001 shall meet or exceed the stretch codes established under this subchapter by the Department of Public Service. (Added 2017, No. 69, § H.6, eff. June 28, 2017.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 2 - Building Energy › § 61. Definitions

§ 61. Definitions
As used in this subchapter:
(1) “Benchmarking” means measuring the energy performance of a single building or portfolio of buildings over time in comparison to other similar buildings or to modeled simulations of a reference building built to a specific standard such as an energy code.
(2) “Commercial Working Group” means the Commercial and Multiunit Building Energy Labeling Working Group established by subsection 62(b) of this title.
(3) “Commission” means the Public Utility Commission.
(4) “Department” means the Department of Public Service.
(5) “Distribution company” means a company under the jurisdiction of the Commission that distributes electricity or natural gas for consumption by end users.
(6) “Energy efficiency utility” means an energy efficiency entity appointed under subdivision 209(d)(2) of this title.
(7) “Energy label” means the visual presentation in a consistent format of an energy rating for a building and any other supporting and comparative information. The label may be provided as a paper certificate or made available online, or both.
(8) “Energy rating” means a simplified mechanism to convey a building’s energy performance. The rating may be based on the operation of the building or modeled based on the building’s assets.
(9) “Home energy assessor” means an individual who assigns buildings a home energy performance score using a scoring system based on the energy rating.
(10) “Multiunit building” means a building that contains more than one independent dwelling unit or separate space for independent commercial use, or both.
(11) “Residential Working Group” means the Residential Building Energy Labeling Working Group established by subsection 62(a) of this title.
(12) “Unit holder” means the tenant or owner of an independent dwelling unit or separate space for independent commercial use within a multiunit building. (Added 2019, No. 62, § 12.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 2 - Building Energy › § 63. Multiunit buildings; access to aggregated data

§ 63. Multiunit buildings; access to aggregated data
(a) Obligation; aggregation and release of data. On request of the owner of a multiunit building or the owner’s designated agent, each distribution company and energy efficiency utility shall aggregate monthly energy usage data in its possession for the unit holders in the building and release the aggregated data to the owner or agent. The aggregated data shall be anonymized.
(1) Under this section, the obligation to aggregate and release data shall accrue when the owner or agent:
(A) Certifies that the request is made for the purpose of benchmarking or preparing an energy label for the building.
(B) With respect to a multiunit building that has at least four unit holders, provides documentation certifying that, at least 14 days prior to submission of the request, each unit holder was notified that the energy usage data of the holder was to be requested and that this notice gave each unit holder an opportunity to opt out of the energy use aggregation. The owner or agent shall identify to the distribution company or energy efficiency utility requesting the data each unit holder that opted out.
(C) With respect to a multiunit building that has fewer than four unit holders, provides an energy usage data release authorization from each unit holder.
(2) A unit holder may authorize release of the holder’s energy usage data by signature on a release authorization form or clause in a lease signed by the unit holder. The provisions of 9 V.S.A. § 276 (recognition of electronic records and signatures) shall apply to release authorization forms under this subsection.
(3) After consultation with the Commercial Working Group, the Commissioner of Public Service shall prescribe forms for requests and release authorizations under this subsection. The request form shall include the required certification.
(b) Response period. A distribution company or energy efficiency utility shall release the aggregated energy use data to the building owner or designated agent within 30 days of its receipt of a request that meets the requirements of subsection (a) of this section.
(1) The aggregation shall exclude energy usage data for each unit holder who opted out or, in the case of a multiunit building with fewer than four unit holders, each unit holder for which a signed release authorization was not received.
(2) A distribution company may refer a complete request under subsection (a) of this section to an energy efficiency utility that possesses the requisite data, unless the data is to be used for a benchmarking program to be conducted by the company. (Added 2019, No. 62, § 12.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 3 - Public Service Corporations, Other Than Railroads; Formation, Financing, Eminent Domain › § 101. Corporations subject to commission; formation

§ 101. Corporations subject to commission; formation
(a) Subject to the additional or varied requirements of this chapter, a corporation may be formed pursuant to the provisions of the general corporation law for the sole purpose of conducting any one or more of the kinds of business, other than a railroad business, that are subject to regulation by the Public Utility Commission.
(b) Unless the context clearly requires otherwise, references in this title to a “corporation” mean and include an individual, partnership, association, corporation, limited liability company, municipality, cooperative, and any other legally recognized entity or person.
(c) Unless the context clearly requires otherwise, references in this title to “articles of incorporation” mean and include articles of organization, partnership agreements, or other documentation submitted to the Vermont Secretary of State to register or form a business. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 2023, No. 33, § 2, eff. July 1, 2023.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 3 - Public Service Corporations, Other Than Railroads; Formation, Financing, Eminent Domain › § 102. Petition; hearing; certificate

§ 102. Petition; hearing; certificate
(a) Before the articles of incorporation are transmitted to the Secretary of State, the incorporators shall petition the Public Utility Commission to determine whether the establishment and maintenance of the corporation will promote the general good of the State and shall at that time file a copy of any petition with the Department. The Department, within 12 days, shall review the petition and file a recommendation regarding the petition in the same manner as is set forth in subsection 225(b) of this title. The recommendation shall set forth reasons why the petition shall be accepted without hearing or shall request that a hearing on the petition be scheduled. If the Department requests a hearing on the petition, or, if the Commission deems a hearing necessary, it shall appoint a time and place either remotely accessible or in the county where the proposed corporation is to have its principal office for hearing the petition. At least 12 days before this hearing, notice of the hearing shall be published on the Commission’s website and once in a newspaper of general circulation in the county in which the proposed corporation is to have its principal office. The website notice shall be maintained through the date of the hearing. The newspaper notice shall include an Internet address where more information regarding the petition may be viewed. The Department of Public Service, through the Director for Public Advocacy, shall represent the public at the hearing.
(b) If the Commission finds that the establishment and maintenance of the proposed corporation will promote the general good of the State, it shall give the incorporators a certificate to that effect under its seal.
(c) For good cause, after an opportunity for hearing, the Commission may amend or revoke any certificate awarded under the provisions of this section. If any such certificate is revoked, the corporation shall no longer have authority to conduct any business that is subject to the jurisdiction of the Commission, whether or not regulation thereunder has been reduced or suspended under section 226a or 227a of this title. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1979, No. 204 (Adj. Sess.), § 19, eff. Feb. 1, 1981; 1987, No. 87, § 4; 1995, No. 99 (Adj. Sess.), § 2; 2023, No. 33, § 4, eff. July 1, 2023.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 3 - Public Service Corporations, Other Than Railroads; Formation, Financing, Eminent Domain › § 103. Transmission to Secretary of State; record; effect

§ 103. Transmission to Secretary of State; record; effect
The articles of incorporation, the certificate of the Public Utility Commission, and the organization fee shall be transmitted to the Secretary of State. When such articles are recorded, such certificate shall be recorded therewith. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1995, No. 99 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 3 - Public Service Corporations, Other Than Railroads; Formation, Financing, Eminent Domain › § 104. Amendment of articles, certificate by Commission

§ 104. Amendment of articles, certificate by Commission
Such a corporation or company shall not amend its articles of incorporation unless and until the Public Utility Commission, on petition and after such hearing and notice thereof as the Commission directs, certifies that such amendment will promote the general good of the State. Its certificate shall be recorded with the certificate of amendment. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1985, No. 244 (Adj. Sess.), § 2; 1995, No. 99 (Adj. Sess.), § 4.)