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2023 Vermont Statutes › Title 30 - Public Service › Chapter 82 - Communications Union Districts › § 3069. Treasurer

§ 3069. Treasurer
The treasurer of the district shall be appointed by the board, and shall serve at its pleasure. The treasurer shall not be a member of the governing board. The treasurer shall have the exclusive charge and custody of the funds of the district and shall be the disbursing officer of the district. When authorized by the board, the treasurer may sign, make, or endorse in the name of the district all checks and orders for the payment of money and pay out and disburse the same and receipt therefor. The treasurer shall keep a record of every obligation issued and contract entered into by the district and of every payment thereon. The treasurer shall keep correct books of account of all the business and transactions of the district and such other books and accounts as the board may require. The treasurer shall render a statement of the condition of the finances of the district at each regular meeting of the board and at such other times as shall be required of the treasurer. The treasurer shall prepare the annual financial statement and the budget of the district for distribution, upon approval of the board, to the legislative bodies of district members. The treasurer shall do and perform all of the duties appertaining to the office of treasurer of a body politic and corporate. Upon removal or the treasurer’s termination from office by virtue of removal or resignation, the treasurer shall immediately pay over to the successor all of the funds belonging to the district and at the same time deliver to the successor all official books and papers. (Added 2015, No. 41, § 20, eff. June 1, 2015.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 82 - Communications Union Districts › § 3071. Committees

§ 3071. Committees
The board has authority to establish one or more committees and grant and delegate to them such powers as it deems necessary. Members of an executive committee shall serve staggered terms and shall be board members. Membership on other committees established by the board is not restricted to board members. (Added 2015, No. 41, § 20, eff. June 1, 2015.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 82 - Communications Union Districts › § 3072. Compensation of officers

§ 3072. Compensation of officers
Officers of the district shall be paid from district funds such compensation or reimbursement of expenses, or both, as determined by the board. (Added 2015, No. 41, § 20, eff. June 1, 2015.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 82 - Communications Union Districts › § 3073. Recall of officers

§ 3073. Recall of officers
An officer may be removed by a two-thirds’ vote of the board whenever, in its judgment, the best interest of the district shall be served. (Added 2015, No. 41, § 20, eff. June 1, 2015.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 82 - Communications Union Districts › § 3075. Budget

§ 3075. Budget
(a) Annually, on or before October 21, the board shall approve and cause to be distributed to the legislative body of each district member for review and comment an annual report of its activities, together with a financial statement, a proposed district budget for the next fiscal year, and a forecast presenting anticipated year-end results. The proposed budget shall include reasonably detailed estimates of:
(1) deficits and surpluses from prior fiscal years;
(2) anticipated expenditures for the administration of the district;
(3) anticipated expenditures for the operation and maintenance of any district communications plant;
(4) payments due on obligations, long-term contracts, leases, and financing agreements;
(5) payments due to any sinking funds for the retirement of district obligations;
(6) payments due to any capital or financing reserve funds;
(7) anticipated revenues from all sources; and
(8) such other estimates as the board deems necessary to accomplish its purpose.
(b) Coincident with a regular meeting thereof, the board shall hold a public hearing on or before November 15 of each year to receive comments from the legislative bodies of district members and hear all other interested persons regarding the proposed budget. Notice of such hearing shall be given to the legislative bodies of district members at least 15 days prior to such hearing. The board shall give consideration to all comments received and make such changes to the proposed budget as it deems advisable.
(c) Annually, on or before December 15, the board shall adopt the budget and appropriate the sums it deems necessary to meet its obligations and operate and carry out the district’s functions for the next ensuing fiscal year.
(d) Actions or resolutions of the board for the annual appropriations of any year shall not cease to be operative at the end of the fiscal year for which they were adopted. Appropriations made by the board for the various estimates of the budget shall be expended only for such estimates, but by majority vote of the board the budget may be amended from time to time to transfer funds between or among such estimates. Any balance left or unencumbered in any such budget estimate, or the amount of any deficit at the end of the fiscal year, shall be included in and paid out of the operating budget and appropriations in the next fiscal year. All such budget amendments shall be reported by the district treasurer to the legislative bodies of each district member within 14 days of the end of the fiscal year.
(e) Financial statements and audit results shall be delivered to the legislative bodies of each district member within 10 days of delivery to the board. (Added 2015, No. 41, § 20, eff. June 1, 2015; amended 2015, No. 130 (Adj. Sess.), § 5e, eff. May 25, 2016.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 82 - Communications Union Districts › § 3076. Indebtedness

§ 3076. Indebtedness
The board may borrow money through the issuance of notes of the district for the purpose of paying current expenses of the district. Such notes shall mature within one year, and may be refunded in the manner provided by law, and shall be payable solely from the district’s operating revenues. The governing board may borrow money in anticipation of the receipt of grants-in-aid from any source and any revenues. Such notes shall mature within one year, but may be renewed as provided by general law. (Added 2015, No. 41, § 20, eff. June 1, 2015.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 82 - Communications Union Districts › § 3077. Pledge of revenues

§ 3077. Pledge of revenues
(a) When the board, at a regular or special meeting called for such purpose, determines by resolution passed by a vote of a majority of members present and voting that the public interest or necessity demands communications plant improvements, or a long-term contract, and that the cost of the same will be too great to be paid out of the ordinary annual income and revenue of the district, the board may pledge communications plant net revenues and enter into long-term contracts to provide for such improvements. A “long-term contract” means an agreement in which the district incurs direct or conditional obligations for which the costs are too great to be paid out of the ordinary annual income and revenues of the district, in the judgment of the board. It includes an agreement authorized under 24 V.S.A. § 1789, wherein performance by the district is conditioned upon periodic appropriations. The term “communications plant improvements” includes improvements that may be used for the benefit of the public, whether or not publicly owned or operated.
(b) The pledge of communications plant net revenues, and other obligations allowed by law, may be authorized for any purpose permitted by this chapter, 24 V.S.A. chapter 53, subchapter 2, and chapter 54, or any other applicable statutes. A communications plant is declared to be a project within the meaning of 24 V.S.A. § 1821(4). (Added 2015, No. 41, § 20, eff. June 1, 2015.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 82 - Communications Union Districts › § 3078. Sinking and reserve funds

§ 3078. Sinking and reserve funds
(a) The board may establish and provide for sinking and reserve funds, however denominated, for the retirement and security of pledges of communications plant net revenue, or for long-term contracts. When so established, such funds shall be kept intact and separate from other monies at the disposal of the district, and shall be accounted for as a pledged asset for the purpose of retiring or securing such obligations or contracts. The cost of payments to any sinking or reserve fund shall be included in the annual budget of the district.
(b) The board shall establish and provide for a capital reserve fund to pay for communications plant improvements, replacement of worn out buildings and equipment, and planned and unplanned major repairs in furtherance of the purpose for which the district was created. Any such capital reserve fund shall be kept in a separate account and invested as are other public funds and shall be expended for such purposes for which established. The cost of payments to any capital reserve fund shall be included in the annual budget of the district. (Added 2015, No. 41, § 20, eff. June 1, 2015.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 82 - Communications Union Districts › § 3079. Service fees

§ 3079. Service fees
The board may from time to time establish and adjust service, subscription, access, and utility fees for the purpose of generating revenues from the operation of its communications plant. (Added 2015, No. 41, § 20, eff. June 1, 2015.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 82 - Communications Union Districts › § 3081. Withdrawal of a member municipality

§ 3081. Withdrawal of a member municipality
A district member may withdraw from the district upon the terms and conditions herein specified:
(1) Prior to the district pledging communications plant net revenues, or entering into a long-term contract, or contract subject to annual appropriation, a district member may vote to withdraw in the same manner as the vote for admission to the district. If a majority of the voters of a district member present and voting at a meeting duly warned for such purpose votes to withdraw from the district, the vote shall be certified by the clerk of that municipality and presented to the board. Thereafter, the board shall give notice to the remaining district members of the vote to withdraw and shall hold a meeting to determine if it is in the best interest of the district to continue to exist. Representatives of the district members shall be given an opportunity to be heard at such meeting together with any other interested persons. After such a meeting, the board may declare the district dissolved or it may declare that the district shall continue to exist despite the withdrawal of such member. The membership of the withdrawing municipality shall terminate after the vote to withdraw.
(2) After the district has pledged communications plant net revenues, or entered into a long-term contract or contract subject to annual appropriations, a district member may vote to withdraw in the same manner as the vote for admission to the district. (Added 2015, No. 41, § 20, eff. June 1, 2015.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 82 - Communications Union Districts › § 3082. Admission of district members

§ 3082. Admission of district members
The board may authorize the inclusion of additional district members in the communications union district upon such terms and conditions as it in its sole discretion shall deem to be fair, reasonable, and in the best interests of the district. The legislative body of any nonmember municipality which desires to be admitted to the district shall make application for admission to the board. The board shall determine the financial, economic, governance, and operational effects that are likely to occur if such municipality is admitted and thereafter either grant or deny authority for admission of the petitioning municipality. If the board grants such authority, it shall also specify any terms and conditions, including financial obligations, upon which such admission is predicated. Upon resolution of the board, such applicant municipality shall become and thereafter be a district member. (Added 2015, No. 41, § 20, eff. June 1, 2015.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 82 - Communications Union Districts › § 3083. Dissolution

§ 3083. Dissolution
(a) If the board by resolution approved by two-thirds of all the votes entitled to be cast determines that it is in the best interests of the public, the district members, and the district that such district be dissolved, and if the district then has no outstanding obligations under pledges of communications plant net revenue, long-term contracts, or contracts subject to annual appropriation, or will have no such debt or obligation upon completion of the plan of dissolution, it shall prepare a plan of dissolution and thereafter adopt a resolution directing that the question of such dissolution and the plan of dissolution be submitted to the voters of the district at a special meeting thereof duly warned for such purpose. If a majority of the voters of the district present and voting at such special meeting shall vote to dissolve the district and approve the plan of dissolution, the district shall cease to conduct its affairs except insofar as may be necessary for the winding up thereof. The board shall immediately cause a notice of the proposed dissolution to be mailed to each known creditor of the district and to the Secretary of State and shall proceed to collect the assets of the district and apply and distribute them in accordance with the plan of dissolution.
(b) The plan of dissolution shall:
(1) identify and value all unencumbered assets;
(2) identify and value all encumbered assets;
(3) identify all creditors and the nature or amount of all liabilities and obligations;
(4) identify all obligations under long-term contracts and contracts subject to annual appropriation;
(5) specify the means by which assets of the district shall be liquidated and all liabilities and obligations paid and discharged, or adequate provision made for the satisfaction thereof;
(6) specify the means by which any assets remaining after discharge of all liabilities shall be liquidated if necessary; and
(7) specify that any assets remaining after payment of all liabilities shall be apportioned and distributed among the district members according to a formula based upon population.
(c) When the plan of dissolution has been implemented, the board shall adopt a resolution certifying that fact to the district members whereupon the district shall be terminated, and notice thereof shall be delivered to the Secretary of the Senate and the Clerk of the House of Representatives in anticipation of confirmation of dissolution by the General Assembly. (Added 2015, No. 41, § 20, eff. June 1, 2015.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 82 - Communications Union Districts › § 3084. Confidentiality; legislative intent

§ 3084. Confidentiality; legislative intent
The purpose of this section is to clarify that any records or information produced or acquired by a district that are trade secrets or confidential business information shall be exempt from public inspection and copying pursuant to 1 V.S.A. § 317(c)(9). (Added 2021, No. 71, § 11, eff. June 8, 2021.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 82 - Communications Union Districts › § 3085. Certificate of good standing

§ 3085. Certificate of good standing
(a) A district may apply to the Secretary of State for a certificate of good standing.
(b) A certificate of good standing shall include:
(1) the official name of the district;
(2) that the district is duly formed pursuant to this chapter;
(3) the date of the district’s formation;
(4) that the fee required by this section has been paid; and
(5) that a plan of dissolution for the district has not been approved pursuant to section 3083 of this chapter.
(c) Subject to any qualification stated in the certificate, a certificate of good standing issued by the Secretary of State may be:
(1) relied upon as conclusive evidence that the district is in existence and is authorized to deliver communications services and operate a communications plant pursuant to this chapter; and
(2) taken as prima facie evidence of the facts stated in the certificate.
(d) A district that applies for a certificate of good standing under this section shall pay to the Secretary of State a nonrefundable application fee of $25.00. (Added 2023, No. 78, § E.232, eff. July 1, 2023.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 83 - Consolidation of Municipal and Cooperative Districts › § 4001. Definitions

§ 4001. Definitions
In this chapter, unless the context otherwise requires, the following words shall have the following meanings:
(1) “Cooperative” means a corporation organized under, or otherwise subject to, chapter 81 of this title.
(2) “Electric facilities” means any facilities necessary or incidental to the generation of electric power and energy or the transmission thereof, including electric generating units, electric generating plants, electric transmission lines, plant sites, rights-of-way, and real and personal property and equipment, and rights of every kind useful in connection therewith.
(3) “Municipal electric utility” means any city, town, village, or department thereof, within this State, authorized to and engaged in the manufacture, distribution, purchase, and sale of electricity in this State.
(4) “Utility,” except as otherwise required by the context in which used herein, is intended to refer to cooperatives, municipal utilities, as herein defined, and private electric utilities. (Added 1977, No. 97.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 83 - Consolidation of Municipal and Cooperative Districts › § 4002. Agreements by cooperatives and municipal electric utilities

§ 4002. Agreements by cooperatives and municipal electric utilities
Any cooperative or municipal electric utility shall have:
(1) authority to participate with other utilities in entering into agreements for the planning, financing, acquisition, construction, ownership, operation, and maintenance of jointly owned or operated electric facilities and in connection therewith to construct, acquire, own, operate, and maintain electric facilities, for the purpose of providing a supply of power and energy to the cooperatives and municipal electric utilities entering into any such agreements, including the right to sell or exchange any surplus produced from such facilities to others;
(2) authority to act in participation with other such utilities in arranging for the purchase of supplies of capacity and energy from other utilities, either within or outside the State of Vermont, including purchases from private electric utilities, municipal electric utilities, cooperatives, associations of utilities, or public authorities;
(3) authority, in participation with other utilities, to enter into contracts for the transmission of such supplies of capacity or energy generated either by them or purchased from others;
(4) authority, in participation with other utilities, to participate in facilities, projects, and programs for the purposes of modifying demand for electric capacity or energy through conservation or load management;
(5) authority, in participation with other utilities, to employ attorneys, engineers, technicians, and any other personnel as said utilities may deem necessary or proper to carry out any of the foregoing powers;
(6) authority to allow the Vermont Public Power Supply Authority to provide all requirements service for a stated period of time pursuant to subdivision 5012(15) of this title;
(7) authority to otherwise do all lawful acts and things necessary or incidental to the exercise of the authority granted in this chapter. (Added 1977, No. 97; amended 1989, No. 112, § 3, eff. June 22, 1989; 1991, No. 170 (Adj. Sess.), § 2, eff. May 15, 1992.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 83 - Consolidation of Municipal and Cooperative Districts › § 4003. Implementing powers

§ 4003. Implementing powers
Without limiting the general scope and application of section 4002 of this chapter, each participating utility shall have the right and power:
(1) To use its means and assets for the purposes of exercising the authority granted by section 4002 of this chapter, including, as to municipal electric utilities, the right and power to pledge the credit of the municipality.
(2) To issue bonds and other securities to raise funds for those purposes in the same way and to the same extent and subject to all of the conditions which would apply if the utility’s interest in such agreements, actions, and contracts were whole and entire.
(3) To acquire, for the use and benefit of all participating utilities, by purchase or through the exercise of the power of eminent domain, lands, easements, and properties for the purpose of jointly owned electric facilities, and transfer or convey such lands, easements, and properties or interests therein, or otherwise to cause such lands, easements, and properties, or interests therein, to be vested in other participating utilities to the extent and in the manner agreed between the participating utilities. In all cases in which a participating utility exercises the right and power of eminent domain conferred by statute, it shall be controlled by the law governing condemnation by corporate public utilities in this State, and the right and power of eminent domain hereby conferred shall include the right and power to take fee title in land so condemned, except that no participating utility has the right or power to take by the exercise of the power of eminent domain any electric facilities, or interests therein, belonging to any other municipal electric utility, electric cooperative, or private utility, except as provided by chapter 79 of this title.
(4) To form a public service corporation with one or more other utilities and to hold stock and operate the same as a public utility as a means of carrying out the purposes of this chapter. However, the formation of any such public service corporation and its operation shall be subject to the requirements of this title governing the formation and operation of public service corporations. (Added 1977, No. 97.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 83 - Consolidation of Municipal and Cooperative Districts › § 4005. Insurance

§ 4005. Insurance
Each participating utility shall have the right and power to enter into contracts or specialized insurance appertaining to property and risks in connection with an incident to the ownership, operation, and maintenance of electric facilities, in addition to the usual forms of available insurance. Each participating utility shall be authorized to enter into contracts or insurance for the use and benefit of each of the other participating utilities as though the insurance was for its sole benefit and to cause the rights of the other participating utilities to be protected by contracts according to their respective undivided interests or entitlements under applicable agreements between the participating utilities. (Added 1977, No. 97.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 83 - Consolidation of Municipal and Cooperative Districts › § 4006. Construction of chapter

§ 4006. Construction of chapter
Notwithstanding any other provision of this chapter, nothing herein shall have the effect of, or be construed as, altering, amending, or repealing the statutory purposes provided for by any statute enacted by the Legislature of Vermont pertaining to the creation, establishment, or operation of municipal electric utilities or electric cooperatives. (Added 1977, No. 97.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 83 - Consolidation of Municipal and Cooperative Districts › § 4007. Severability

§ 4007. Severability
If any provision of this chapter or the application thereof to any person or circumstance shall be held to be invalid, the remainder of the chapter, and the application of such provision to other persons or circumstances shall not be affected thereby, and to this end the provisions of this chapter are declared to be severable. (Added 1977, No. 97.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 84 - Vermont Public Power Supply Authority › § 5001. Definitions

§ 5001. Definitions
In this chapter, the following words and terms, unless the context clearly indicates a different meaning, shall have the following meaning:
(1) “Authority” means the Vermont Public Power Supply Authority created by this chapter.
(2) “Cooperative” means a corporation organized under, or otherwise subject to, chapter 81 of this title.
(3) “Legislative body” means the mayor and board of aldermen of a city, the selectboard of a town, and the trustees or light commissioners of a village.
(4) “Municipality” means any city, town, or village within the State of Vermont, which is authorized to and engaged in the manufacture, distribution, purchase, or sale of electricity in the State of Vermont.
(5) “Person” shall be as defined in section 3001 of this title.
(6) “Project” means any plant, works, system, facilities, and real and personal property of any nature or any interest in any of them, together with all parts of them and appurtenances to them, used or useful in the generation, production, transmission, purchase, sale, exchange, or interchange of electric energy, and together with any capacity or output from them.
(7) “Utility” means any public utility as defined in chapter 83 of this title. (Added 1979, No. 78, § 3.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 84 - Vermont Public Power Supply Authority › § 5014. Acquisition of property

§ 5014. Acquisition of property
The Authority may acquire real property, or any interest in it, by eminent domain in accordance with the provisions of sections 110 through 124 of this title; provided, however, that:
(1) No property already appropriated to public use shall be so taken except to the extent and for the purposes permitted by sections 110 through 124 of this title.
(2) No facility for the generation, transmission, or distribution of electric power and energy owned by any person shall be so taken except for the purpose of acquiring property or rights in it in order to permit the crossing of existing transmission or distribution facilities. Any taking under sections 110 through 124 of this title shall be governed by the provisions of these sections which are applicable to public utilities.
(3) No site for a project for which any utility had filed an application for a preliminary permit or a license from the Federal Energy Regulatory Commission on or before November 1, 1977 shall be so taken until such time, if ever, that the application is denied, and no further renewals or appeals are available to the utility, or the utility abandons its application, permit, or license. (Added 1979, No. 78, § 3.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 84 - Vermont Public Power Supply Authority › § 5015. Tax exemption

§ 5015. Tax exemption
(a) All bonds or notes issued under this chapter are issued by a body corporate and politic of this State and for an essential public and governmental purpose. Those bonds and notes, and the interest on them and the income from them, including any profit on their sale, and all activities of the Authority and fees, charges, funds, revenues, incomes, and other monies of the Authority whether or not pledged or available to pay or secure the payment of those bonds or notes, or interest on them, are exempt from all taxation, franchise fees, or special assessments of whatever kind except for transfer, inheritance, and estate taxes.
(b) The Authority is not required to make or file any reports, statements, or informational returns required of any utility or other bodies corporate except as provided in this chapter.
(c) Real and personal property, situated within the State and owned by the Authority shall be exempt from property taxation. The Authority shall, in lieu of property taxes, pay to any governmental body authorized to levy local property taxes the amount which would be assessable as local property taxes on the real and tangible personal property if that property were the property of a utility. These payments shall be due, and bear interest if unpaid, as in the case of taxes on the property of a utility. For purposes of these payments in lieu of taxes, the assessors of the taxing authority shall make a valuation and assessment of the property and determine the tax that would be assessable if the property were owned by a utility. Payments in lieu of taxes made under this chapter shall be treated in the same manner as taxes for the purposes of all procedural and substantive provisions of law, including appeals, now and hereinafter in effect applicable to assessment and taxation of real and personal property, collection, and abatement of these taxes and the raising of public revenues. (Added 1979, No. 78, § 3.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 84 - Vermont Public Power Supply Authority › § 5016. Rules and rates

§ 5016. Rules and rates
(a) The Authority may make and enforce rules and regulations which it deems necessary or desirable. It may establish, levy, and collect or may authorize by contract, franchise, lease, or otherwise, the establishment, levying, and collection of rents, rates, and other charges:
(1) for the services afforded by the Authority or afforded by or in connection with any project or properties which it may construct, erect, acquire, own, operate, or control, or with respect to which it may have any interest or any right to capacity thereof; and
(2) for the sale of electric energy or of generation or transmission capacity or service as it may deem necessary, proper, desirable, and reasonable.
(b) Rents, rates, and other charges shall be at least sufficient to meet the expenses of the Authority, including operating and maintenance expenses, reasonable reserves, interest, and principal payments, including payments into one or more sinking funds for the retirement of principal, and other requirements of any trust agreement or resolution securing bonds or notes. The Authority may pledge its rates, rents, and other revenues, or any part of them, as security for the repayment, with interest and redemption premiums, if any, of any monies borrowed by it or advanced to it for any of its authorized purposes and as security for the payment of amounts due and owing by it under any contract. (Added 1979, No. 78, § 3.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 84 - Vermont Public Power Supply Authority › § 5017. Powers of municipalities

§ 5017. Powers of municipalities
A municipality may by resolution of its legislative body enter into contracts with the Authority for the purchase, sale, exchange, or transmission of electric energy and other services, on such terms and for such period of time as the resolution may provide. A municipality may by resolution of its legislative body enter into a contract with the Authority related to the issuance of bonds and notes as authorized by section 5031 of this title only after an affirmative vote of the qualified voters at any duly warned annual or special meeting held for that purpose. The required vote may either approve a specific contract with the Authority or it may approve generally the right for the municipality to enter into all such contracts with the Authority by resolution of its legislative body. A municipality may appropriate electricity-derived revenues received in any year to make payments due during that year under any contract made by the municipality with the Authority. Nothing in this section shall be construed to repeal any charter provision or law requiring an election or other condition precedent to the establishment of a municipal electric plant. (Added 1979, No. 78, § 3; amended 2009, No. 78 (Adj. Sess.), § 41, eff. April 15, 2010.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 84 - Vermont Public Power Supply Authority › § 5018. Construction contracts

§ 5018. Construction contracts
The Authority may contract for the planning, acquisition, construction, operation, maintenance, repair, extension, and improvement of any project, or may contract with other public or private owners of any project to perform these functions, without advertising for bids, preparing final plans and specifications in advance of construction or securing performance and payment bonds, except to the extent that the directors determine that these actions are desirable in furtherance of the purposes of this chapter. Except as otherwise provided by this section, no contract shall be invalid or unenforceable by reason of nonperformance of the conditions required by any other law relating to public contracts. (Added 1979, No. 78, § 3.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 84 - Vermont Public Power Supply Authority › § 5032. Refunding obligations; issuance

§ 5032. Refunding obligations; issuance
The Authority may provide for the issuance of refunding obligations for the purpose of refunding any obligations then outstanding which have been issued under the provisions of this chapter, including the payment of any redemption premium on them and any interest accrued or to accrue to the date of redemption of those obligations and for any corporate purpose of the Authority. The issuance of the obligations, the maturities and other details pertaining to them, the rights of their holders, and the rights, duties, and obligations of the Authority in respect to them shall be governed by the provisions of this chapter which relate to the issuance of obligations, insofar as those provisions may be appropriate. (Added 1979, No. 78, § 3.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 84 - Vermont Public Power Supply Authority › § 5033. Refunding obligations; sale

§ 5033. Refunding obligations; sale
Refunding obligations issued as provided in section 5032 of this title may be sold or exchanged for outstanding obligations issued under this chapter and, if sold, the proceeds from them may be applied, in addition to any other authorized purposes, to the purchase, redemption, or payment of those outstanding obligations. Pending the application of the proceeds of any refunding obligations, with any other available funds, to the payment of the principal, accrued interest, and any redemption premium on the obligations being refunded, and, if so provided or permitted in the resolution authorizing the issuance of such refunding obligations or in the trust agreement securing them to the payment of any interest on refunding obligations and any expenses in connection with refunding, such proceeds may be invested as specified in the resolution authorizing the obligations to be refunded or the trust agreement securing them. These investments shall mature or shall be subject to redemption by their holders, at the option of the holders, not later than the respective dates when the proceeds, together with the interest accruing on them, will be required for the purposes intended. (Added 1979, No. 78, § 3.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 84 - Vermont Public Power Supply Authority › § 5035. Pledge of the State

§ 5035. Pledge of the State
The State does hereby pledge to and agree with the holders of the notes and bonds issued under this chapter that the State will not limit or restrict the rights hereby vested in the Authority to perform its obligations and to fulfill the terms of any agreement made with the holders of its bonds or notes. Neither will the State in any way impair the rights and remedies of the holders until the notes and bonds, together with interest on them, and interest on any unpaid installments of interest, are fully met, paid, and discharged. The Authority is authorized to execute this pledge and agreement of the State in any agreement with the holders of the notes or bonds. (Added 1979, No. 78, § 3.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 84 - Vermont Public Power Supply Authority › § 5036. Credit of State and members of Authority not pledged

§ 5036. Credit of State and members of Authority not pledged
Obligations issued under the provisions of this chapter shall not be deemed to constitute a debt or liability or obligation of the State or of any political subdivision of it or of any member of the Authority, nor shall it be deemed to constitute a pledge of the faith and credit of the State or of any political subdivision or of any member of the Authority, but shall be payable solely from the revenues or assets of the Authority. Each obligation issued by the Authority shall contain on its face a statement to the effect that the Authority shall not be obligated to pay the same nor the interest on it except from the revenues or assets pledged for those purposes and that neither the faith and credit nor the taxing power of the State or of any political subdivision of it or of any member of the Authority is pledged to the payment of the principal of or the interest on these obligations. (Added 1979, No. 78, § 3.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 84 - Vermont Public Power Supply Authority › § 5037. Notes and bonds as legal investments

§ 5037. Notes and bonds as legal investments
Notwithstanding any other law, the State and all public officers, governmental units, and agencies of the State, all banks, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business, all insurance companies, insurance associations, and other persons carrying on an insurance business, all credit unions, and all executors, administrators, guardians, trustees, and other fiduciaries may legally invest any sinking funds, monies, or other funds belonging to them or within their control in any bonds or notes issued under this chapter, and the bonds or notes are authorized security for any and all public deposits. (Added 1979, No. 78, § 3.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 84 - Vermont Public Power Supply Authority › § 5038. Annual reports; audit

§ 5038. Annual reports; audit
(a) On or before the last day of January in each year, the Authority shall submit a report of its activities for the preceding calendar year to the Governor, the Public Utility Commission, and the General Assembly. Each report shall set forth a complete operating and financial statement covering its operations during the year, and shall contain a full and complete statement of the Authority’s anticipated budget and operations for the ensuing year. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection. The Authority shall cause an audit of its books and accounts to be made at least once in each year by certified public accountants; the cost shall be considered an expense of the Authority and copies shall be filed with the State Treasurer and the Public Utility Commission.
(b) The Auditor of Accounts of the State and his or her duly authorized representatives may at any time examine the accounts and books of the Authority including its receipts, disbursements, contracts, sinking funds, investments, and any other matters relating to its financial statements. (Added 1979, No. 78, § 3; amended 2013, No. 142 (Adj. Sess.), § 51.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 84 - Vermont Public Power Supply Authority › § 5039. Liberal construction

§ 5039. Liberal construction
Neither this chapter nor anything contained in this chapter is or shall be construed as a restriction or limitation upon any powers which the Authority might otherwise have under any laws of this State, and this chapter is cumulative to any such powers. This chapter does and shall be construed to provide a complete, additional, and alternative method for the doing of the things authorized by it and shall be regarded as supplemental and additional to powers conferred by other laws. (Added 1979, No. 78, § 3.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 84 - Vermont Public Power Supply Authority › § 5040. Public Utility Commission jurisdiction

§ 5040. Public Utility Commission jurisdiction
Notwithstanding any other provision of this chapter, the Authority shall be subject to the regulatory jurisdiction of the Public Utility Commission, insofar as provided in this title. (Added 1979, No. 78, § 3.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 84 - Vermont Public Power Supply Authority › § 5041. Inconsistent provisions in other laws superseded

§ 5041. Inconsistent provisions in other laws superseded
Insofar as the provisions of this chapter are inconsistent with the provisions of any special act or any municipal charter, the provisions of this chapter shall be controlling. (Added 1979, No. 78, § 3.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 86 - Underground Utility Damage Prevention System › § 7002. Public Utility Underground Facility Damage Prevention System

§ 7002. Public Utility Underground Facility Damage Prevention System
Each company shall be a member of and participate in the Public Utility Underground Facility Damage Prevention System as designated by the Commission unless granted an exemption by the Commission after opportunity for hearing. The System shall operate during regular business hours throughout the year, except Saturdays, Sundays, and legal holidays. The System shall receive notices of proposed excavation activities and transmit the notices to member companies whose facilities may be affected. The cost for operation of the System shall be apportioned equitably among member companies. (Added 1987, No. 86, § 1, eff. Jan. 1, 1988; amended 1993, No. 118 (Adj. Sess.), § 2; 1999, No. 157 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 86 - Underground Utility Damage Prevention System › § 7003. Rulemaking

§ 7003. Rulemaking
The Commission shall adopt rules, pursuant to 3 V.S.A. chapter 25 relative to:
(1) minimum requirements for the operation of the System, including notification procedures and the reporting of underground utility facility locations;
(2) procedures for the investigation of complaints;
(3) emergency situations;
(4) uniform standards for the marking of the approximate location of underground utility facilities;
(5) uniform standards for the future installation of underground utility facilities, including the following:
(A) color coding of facilities;
(B) depth requirements for the laying of facilities;
(C) subsurface marking of facilities;
(D) surface marking of facilities;
(E) the filing of as-built plans of facilities with municipalities; and
(F) capability for location of facilities by sensors;
(6) standards for the granting of exemptions under section 7002 of this title; and
(7) situations where the premarks cannot be found. (Added 1987, No. 86, § 1; amended 1993, No. 118 (Adj. Sess.), § 3; 2019, No. 31, § 10.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 86 - Underground Utility Damage Prevention System › § 7004. Notice of excavation activities

§ 7004. Notice of excavation activities
(a) No person or company shall engage in excavation activities, except in an emergency situation as defined by the Commission, without premarking the proposed area of excavation activities and giving notice as required by this section.
(b) Prior to notifying the System, the person shall premark the area of proposed excavation activities in a manner that will enable operators of underground facilities to identify the boundaries of the proposed excavation activities.
(c) At least 48 hours, excluding Saturdays, Sundays, and legal holidays, but not more than 30 days before commencing excavation activities, each person required to give notice of excavation activities shall notify the System referred to in section 7002 of this title. Such notice shall set forth a reasonably accurate and readily identifiable description of the geographical location of the proposed excavation activities and the premarks.
(d) Notice to the System may be in writing or by telephone. For purposes of this section, the System shall provide a toll-free telephone number.
(e) Notice of excavation activities shall be valid for an excavation site until one of the following occurs:
(1) the excavation is not completed within 30 days of the notification;
(2) the markings become faded, illegible, or destroyed; or
(3) the company installs new underground facilities in a marked area still under excavation. (Added 1987, No. 86, § 1, eff. Jan. 1, 1988; amended 1993, No. 118 (Adj. Sess.), § 4; 2001, No. 51, § 2; 2007, No. 145 (Adj. Sess.), § 2; 2019, No. 31, § 11.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 86 - Underground Utility Damage Prevention System › § 7005. Notification by System

§ 7005. Notification by System
Upon receiving notice of excavation activities, the System shall notify all member companies whose facilities may be affected. An adequate record shall be maintained by the System to document compliance with requirements of this chapter. (Added 1987, No. 86, § 1, eff. Jan. 1, 1988; amended 1993, No. 118 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 86 - Underground Utility Damage Prevention System › § 7006. Marking of underground utility facilities

§ 7006. Marking of underground utility facilities
A company notified in accordance with section 7005 of this title shall, within 48 hours, exclusive of Saturdays, Sundays, and legal holidays, of the receipt of the notice, mark the approximate location of its underground utility facilities in the area of the proposed excavation activities; provided, however, if the company advises the person that the proposed excavation area is of such length or size that the company cannot reasonably mark all of the underground utility facilities within 48 hours, the person shall notify the company of the specific locations in which the excavation activities will first occur and the company shall mark facilities in those locations within 48 hours and the remaining facilities within a reasonable time thereafter. A company and an excavator may by agreement fix a later time for the company’s marking of the facilities, provided the marking is made prior to excavation activities. For the purposes of this chapter, the approximate location of underground facilities shall be marked with stakes, paint, or other physical means as designated by the Commission. (Added 1987, No. 86, § 1, eff. Jan. 1, 1988; amended 1993, No. 118 (Adj. Sess.), § 6.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 86 - Underground Utility Damage Prevention System › § 7006a. Maintenance of underground utility facility markings

§ 7006a. Maintenance of underground utility facility markings
After a company has marked its underground facilities in accordance with section 7006 of this title, the excavator shall be responsible for maintenance of the designated markings. In the event said markings are obliterated, destroyed, or removed, the person engaged in excavation activities shall notify the System referred to in section 7002 of this title that remarking is needed. The System shall then notify all member companies whose facilities may be affected. The company shall within 48 hours, exclusive of Saturdays, Sundays, and legal holidays, following receipt of the notice, remark the location of its underground utility facilities. (Added 1993, No. 118 (Adj. Sess.), § 7.)